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 II

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, 1998through March 5, 1998. Volume 11 contains March 6, 1998 through March 19, 1998 and the complete index.

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

FRIDAY, MARCH 6,1998
Representative Hall, Atlanta, Georgia Friday, March 6, 1998
The House met pursuant to adjournment at 9:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Dr. Laudis H. "Rick" Lanford, The Methodist Home for Children and Youth, Macon, Georgia.
The members pledged allegiance to the flag.
Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1863. By Representative Ponder of the 160th: A bill to amend an Act incorporating the City of Donalsonville, so as to provide for changes in the boundaries of the city council districts.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1864. By Representatives Mobley of the 69th and Brooks of the 54th: A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to create the "Georgia Workers' Compensation Uninsured Employers' Trust Fund Act".
Referred to the Committee on Industrial Relations.

1482

JOURNAL OF THE HOUSE,

HB 1865. By Representative Orrock of the 56th:
A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to provide that it shall be unlawful for any person, company, or other entity, other than a law enforcement officer or agency acting within the scope of an order issued under applicable federal or state law, to record a telephone conversation, without first notifying each party to the conversation by placing a beeping tone on the telephone line.
Referred to the Committee on Judiciary.

HB 1866. By Representatives Hegstrom of the 66th, McClinton of the 68th, Polak of the 67th, Henson of the 65th, Sherrill of the 62nd and others:
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 DeKalb County in the Stone Mountain Judicial Circuit as a pilot project of limited duration.
Referred to the Committee on Judiciary.

HB 1867. By Representatives Bannister of the 77th, Johnston of the 81st, Massey of the 86th, Coan of the 82nd, Mills of the 21st and others:
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Gwinnett County, so as to change the provisions regarding the compensation of the judge.
- Referred to the Committee on State Planning & Community Affairs Local.

HB 1868. By Representatives Bannister of the 77th, Johnston of the 81st, Massey of the 86th, Coan of the 82nd, Mills of the 21st and others:
A bill to amend an Act providing for the compensation of the chief magistrate of the Magistrate Court of Gwinnett County, so as to change certain provisions regarding the compensation of the chief magistrate.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1869. By Representatives Bannister of the 77th, Johnston of the 81st, Massey of the 86th, Coan of the 82nd, Mills of the 21st and others:
A bill to amend an Act placing certain officers of Gwinnett County on an annual salary, so as to change the provisions relating to the compensation of the sheriff, the clerk of the superior court, the judge of the probate court, and the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1870. By Representatives Bannister of the 77th, Johnston of the 81st, Massey of the 86th, Coan of the 82nd, Mills of the 21st and others:
A bill to amend an Act to continue and re-create the State Court of Gwinnett County, so as to change the provisions regarding the compensation of the judges and the solicitor of the state court.
Referred to the Committee on State Planning & Community Affairs - Local.

FRIDAY, MARCH 6, 1998

1483

HB 1871. By Representatives Bannister of the 77th, Johnston of the 81st, Massey of the 86th, Coan of the 82nd, Mills of the 21st and others:
A bill to amend an Act creating the Recorder's Court of Gwinnett County, so as to change the provisions regarding the compensation of the judges, clerk, and solicitor.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1872. By Representatives Bannister of the 77th, Dix of the 76th, Crews of the 78th, Breedlove of the 85th and Johnston of the 81st:
A bill to amend Article 1 of Chapter 2 and Chapter 3 of Title 53 of the Official 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 1873. By Representative Greene of the 158th: A bill to provide a new charter for the City of Fort Gaines.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1874. By Representatives Coleman of the 80th, Breedlove of the 85th, Bannister of the 77th, Crews of the 78th, Rice of the 79th and others: A bill to change the manner by which vacancies are filled and new members are appointed to the board of the Hospital Authority of Gwinnett County.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 1229. By Representatives Mobley of the 69th and Teague of the 58th: A resolution creating the House Midwife Licensing Study Committee.
Referred to the Committee on Rules.

HR 1230. By Representatives Davis of the 48th, McKinney of the 51st, Holmes of the 53rd, Ashe of the 46th, Martin of the 47th and others:
A resolution expressing support for projects and programs of the Regional Transportation Plan.
Referred to the Committee on Transportation.

HR 1231. By Representatives Childers of the 13th, Perry of the llth, Smith of the 12th and Dobbs of the 92nd:
A resolution creating the House Study Committee on the Protecton of Ground-water Resources.
Referred to the Committee on Rules.

HR 1250. By Representative Irvin of the 45th:
A resolution urging the public and private schools of Georgia to dedicate at least one day of learning each year to the study and understanding of the significance of the Declaration of Independence, the United States Constitution, and the Federalist Papers.
Referred to the Committee on Education.

1484

JOURNAL OF THE HOUSE,

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

HB 1836 HB 1837 HB 1838 HB 1839 HB 1840 HB 1841
HB 1846

HB 1856 HB 1857 HB 1858 HB 1859 HB 1860 HB 1861
HB 1862 HR 1194 HR 1195 HR 1224

HHTTBBT} I11Q88A44H 79 HB 1850 HB 1851 HB 1852 HB 1853 HB 1854 HB 1855

OD

490

fB 549

SB 661

SB 687

SR 627

SR 646

SR 655

SR 674

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1169 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to
report the same back to the House with the following recommendations:

HB 1806 Do Pass HB 1821 Do Pass
HB 1822 Do Pass HB 1823 Do Pass
HB 1824 Do Pass HB 1826 Do Pass
HB 1827 Do Pass HB 1828 Do Pass

HB 1829 Do Pass HB 1830 Do Pass
HB 1831 Do Pass HB 1832 Do Pass
HB 1833 Do Pass HB 1834 Do Pass
HB 1835 Do Pass SB 598 Do Pass

Respectfully submitted, M Royal of the 164th
Chairman

FRIDAY, MARCH 6,1998

1485

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

HOUSE RULES CALENDAR FRIDAY, MARCH 6, 1998
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 33rd Legislative Day as enumerated below:
HB 56 Employees' Retirement; appellate judges; reduce retirement age HB 661 Employees' Ret; Teachers Ret; cert employees; elect either system HB 1170 Minors; certain sound recordings; prohibit sale to; penalties HB 1225 Ethics and Efficiency in Government Act; enact HB 1316 Certain civil cases; recommence in federal court HB 1413 Certain county officials; compensation; amend provisions HB 1420 Telemarketing; advance payments; prohibitions HB 1423 State employees; filing of certain appeals HB 1437 Income tax; employer social security credit; allow deduction HB 1557 Local govt auth; registration; include members names; availability HB 1604 Housing auth; cert nonresidents; prohibit presence on property HB 1717 Children; deprivation by persons under cert influence HB 1739 Prisoners; attend funerals in civilian clothes and unmanacled
ALL COMPENSATION RESOLUTIONS APPROVED BY APPROPRIATIONS COMMITTEE.
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, M Lee of the 94th
Chairman

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

HB 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 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 in public employment, public education, or public contracting.

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

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.

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

1486

JOURNAL OF THE HOUSE,

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.

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

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 collector 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.

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

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 councilman.

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

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.

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

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.

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

HB 1833. By Representative Whitaker of the 7th:
A bill to provide for the compensation of the chief magistrate of the Magistrate Court of Lumpkin County.

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

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.

FRIDAY, MARCH 6, 1998

1487

The following substitute, offered by Representative Sauder of the 29th, et al., was read and adopted:
A BILL
To amend an Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4711), and an Act approved April 5, 1995 (Ga. L. 1995, p. 4121), so as to change the membership of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4711), and an Act approved April 5, 1995 (Ga. L. 1995, p. 4121), is amended by striking subsections (b), (c), and (d) of Section 2 thereof in their entirety and inserting in lieu thereof the following:
"(b) The membership of the authority shall be determined and selected as follows: (1) One member shall be the chairperson of the Board of Commissioners of Cobb County, ex officio; (2) The governing authority of each incorporated municipality located in Cobb County having a population in excess of 30,000 according to the 1990 decennial census or any subsequent such census shall each appoint one member; (3) The governing authority of each incorporated municipality located in Cobb County having a population of 30,000 or less according to the 1990 decennial census or any subsequent such census shall each appoint one member according to the following schedule: (A) Within two weeks following the effective date of this section, the governing authority of any incorporated municipality having a population in excess of 30,000 and which is not currently represented on the authority shall appoint a member to serve until August 14, 2000. The term of office of the representative of the of the City of Marietta serving on the effective date of this section shall continue until August 14, 2000. On August 14, 2000, such municipalities shall each appoint a member to serve a term of four years; and (B) The member appointed by the City of Powder Springs shall continue until August 14, 2000. Beginning on August 14, 2000, the member appointed by the following municipalities shall be a member in turn for terms of four years to succeed one another in the following order: Acworth, Austell, Kennesaw, and Powder Springs; and (4) A caucus consisting of all members of the General Assembly whose districts are wholly or partially within Cobb County shall appoint a number of members which shall exceed by one the number of members provided in paragraph (2) of this subsection. Such legislative appointees shall reside in unincorporated Cobb County. The first members so appointed shall take office on August 14, 1998, and they and their successors shall serve terms of four years."
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.
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.

1488

JOURNAL OF THE HOUSE,

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

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.

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

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.

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

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 District 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.

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

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.

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

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

Y Alien YAndmon
YA.he Y Bailey Y Banniater
Barfoot

Y Barnard YBaraM Y Bates
Benefield Biidsong YBohannon

Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown

EBuck Buckner Bunn Burkhalter
Byrd Campbell

Canty YCash Y Channel!
Childen Y Clark YCoan

FRIDAY, MARCH 6,1998

1489

Y Coleman, B Coleman, T ConneU
Y Cooper ECrawford Y Crews
Culbreth Y Cuminiiigs
Davis, G Y Davis, M EDay Y DeLoach, B YDeLoach, G
Diz YDUon
Dobbs Y Dukes
Ehrhart YEpps Y Evans YEverett YFelton YPloyd Y Franklin Y Golden Y Graves YGnene Y Grindley Y Hammontree Y Manner

E Harbin Y Heard YHecht
Heckstall Hegstrom YHenson Y Holland Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Hudson, N Y Hugley Irvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce Kaye YLadd YLakly YLane Lee Y Lewis Lord

Lucas Y Maddoz YMann Y Manning Y Martin, J Y Martin, J.L YMassey
McBee YMcCaU Y McClinton
McKinney YMills Y Mobley YMosley
Mueller YO-Neal
Orrock Parham Fairish Y Parsons Y Pelote Perry Y Pinholster YPoag YPolak Ponder Y Porter PoweU YPurcell Ragas

Randall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts
Rogers Y Royal Y Sanders Y Sauder YScarlett YScheid Y Scott Y Shanahan YShaw YSherrill YShipp
Sims Sinkfield 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 YStallings Y Stancil, F
Stancil, S Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense Turnquest YTwiggs Walker, L Y Walker, R.L Y Watson Y West Westmoreland YWhi taker Wiles Williams B Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr

On the passage of the Bills, the ayes were 123, nays 0. The Bills, having received the requisite constitutional majority, were passed.

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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 122, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

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

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

SB 695. By Senator Starr of the 44th:
A bill to amend an Act entitled "An Act to provide a new charter for the City of Lake City" so as to change the corporate boundaries of said city.

HB 1756. By Representative Martin of the 145th:
A bill to amend an Act creating the Metter-Candler County Airport Authority, so as to change the terms of the members of the authority.

1490

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.

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.

HB 1761.

By Representatives Bradford of the 30th, Wiles of the 34th, Sauder of the 29th and others:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the judge and the clerk of the probate court.

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.

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.

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.

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.

HB 1768. By Representative Massey of the 86th: A bill to create the City of Winder Public Facilities Authority.

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.

SB 367. By Senators Burton of the 5th and Henson of the 55th:
A bill to amend Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the "Stone Mountain Memorial Association Act," so as to provide for the purposes of the association; to change certain provisions regarding the association fund; to create the association improvement fund and provide for expenditure of revenues of such fund.

FRIDAY, MARCH 6, 1998

1491

SB 593. By Senator Thomas of the 10th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to change a definition; to change provisions relating to the enforcement powers of the State Election Board; to provide a penalty for failure of a local election superintendent to complete the required minimum biennial training; to change provisions relating to applications for registration.
SB 600. By Senators Crotts of the 17th, Lamutt of the 21st, Guhl of the 45th and others:
A bill to amend Code Section 36-66-4 of the Official Code of Georgia Annotated, relating to hearings on proposed zoning decisions, so as to provide for zoning ordinances which automatically zone certain property which is annexed or deannexed subject to certain conditions; to provide for limitations.
SB 633. By Senators Ralston of the 51st, Johnson of the 1st and Roberts of the 30th:
A bill to amend Chapter 1 of Title 1 of the Official Code of Georgia Annotated, relating to general provisions, so as to provide that persons who are ordered to perform community service shall perform the required number of hours of such service exclusive of time spent in traveling to or from the place of work.
SB 655. By Senator Taylor of the 12th:
A bill to amend Chapter 8 of Title 29 of the Official Code of Georgia Annotated, relating to judges of the probate courts as custodians of certain funds, so as to authorize the judges of the probate courts to receive, collect, invest, and distribute certain funds to be paid to minors who have no legal and qualified guardian of the property; to allow probate judges to authorize regular and recurring payments from certain funds for the support, education, and maintenance of a minor who has no legal and qualified guardian of the property; to provide for compensation and fees.
SB 656. By Senator Langford of the 29th:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance workers' compensation funds, so as to provide that the Commissioner of Insurance may contract with private examiners to accomplish such examinations; to provide for the payment of such examinations.
SB 657. By Senators Blitch of the 7th, Tanksley of the 32nd, Walker of the 22nd and Cheeks of the 23rd:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change certain provisions relating to liability of an insurer for damages and attorney's fees upon bad faith refusal to timely pay a claim; to change certain provisions relating to motor vehicle liability policy requirements and uninsured motorist coverage; to provide for applicability.
SB 665. By Senator Langford of the 29th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change certain provisions relating to group accident and sickness contracts and conversion privilege and continuation right provisions; to change certain provisions relating to the provisions in health insurance policies for coverage of newly born or adopted children.

1492

JOURNAL OF THE HOUSE,

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

SR 544. By Senators Perdue of the 18th, Johnson of the 1st, Starr of the 44th and Land of the 16th:
A resolution creating the Joint Study Committee on Franchise Fees and Conditions, Rights of Way, and Tax Implications of Competitive Markets.

SR 552. By Senators Hooks of the 14th, Oliver of the 42nd, Egan of the 40th and Johnson of the 1st:
A resolution to create the Joint Study Committee on Historic Preservation.

SR 583. By Senators Burton of the 5th, Harbison of the 15th, Broun of the 46th and others:
A resolution commending Pete Wheeler and providing for the designation of the "Pete Wheeler Georgia War Veterans Memorial Complex".

SR 593. By Senators Clay of the 37th, Price of the 56th and Lamutt of the 21st: A resolution creating the Joint State Income Tax Reform Study Commission.

SR 648. By Senators Johnson of the 1st, Johnson of the 2nd and Boshears of the 6th:
A resolution designating portions of Interstate 95 in honor of Tom Coleman and Mack Mattingly, respectively.

SR 653. By Senator Brown of the 26th:
A resolution designating a portion of State Highway 19 in Macon as "Duane Allman Boulevard" and a bridge thereon as "Raymond Berry Oakley III Bridge" in honor and remembrance of late founding members of the Allman Brothers Band.

SR 677. By Senators Marable of the 52nd, Dean of the 31st, Henson of the 55th and others:
A resolution creating the Joint Study Committee on School Health Care.

SR 680. By Senators Price of the 56th, Middleton of the 50th, Clay of the 37th and others:
A resolution creating the Georgia DUI Study Commission.

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

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 members of the board.

FRIDAY, MARCH 6,1998

1493

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

SB 701. By Senators Thompson of the 33rd, Lamutt of the 21st and Clay of the 37th:
A bill to amend an Act creating the Cobb County Commission on Children and Youth, as amended, so as to change the date upon which the commission will be abolished.

SB 702. By Senators Glanton of the 34th and Roberts of the 30th:
A bill to provide that the tax commissioner of Douglas County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Douglas County to reimburse the county for the cost of collecting school taxes; to provide for a statement of intention and the authority for this Act.

SB 703. By Senator Price of the 28th:
A bill to create the Spalding County Collaborative Authority for Families and Children; to provide for the manner of appointment of members; to provide for terms, duties, and powers; to provide for all related matters; to provide for an annual report; to provide an effective date.

SB 704. By Senator Kemp of the 3rd:
A bill to provide a homestead exemption from Liberty County ad valorem taxes for county purposes hi an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of that county who have annual incomes not exceeding $50,000.00.

SB 700. By Senator Thomas of the 10th:
A bill to amend Article 2 of Chapter 19 of Title 45 of the Official Code of Georgia Annotated, relating to fan* employment practices, so as to prohibit public employers from requiring public employees or applicants to agree to not receive certain overtime or compensatory time; to provide for definitions; to provide for conditions and limitations; to provide an effective date.

SB 491. By Senators Clay of the 37th, Tanksley of the 32nd and Lamutt of the 21st:
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; to provide for an effective date.

SB 603. By Senators Perdue of the 18th, Walker of the 22nd and Marable of the 52nd:
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, so as to prohibit exclusion of coverage of certain routine patient care costs for dependent children of insureds enrolled in approved clinical trial programs for cancer-therapy; to define certain terms; to provide for enforcement.

1494

JOURNAL OF THE HOUSE,

SB 638. By Senators Perdue of the 18th, Clay of the 37th and Hooks of the 14th:
A bill to amend Chapter 21 of Title 50 of the Official Code of Georgia Annotated, relating to sovereign immunity and claims against the state, so as to provide for a reservation of sovereign immunity with respect to failure of computer systems to properly recognize or process dates in the year 2000 or later; to provide for applicability to state and local government; to provide for the meaning of terms.

SB 412. By Senators Boshears of the 6th, Ralston of the 51st and Balfour of the 9th:
A bill to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government, so as to provide that no state agency shall require greater qualifications of persons who have completed a course of home study than it does for public or private school graduates.

SB 605. By Senators Oliver of the 42nd, Madden of the 47th, Scott of the 36th and others:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," so as to provide a definition; to change the provisions relating to contributions and expenditures and the reporting thereof; to limit the amount of loans which a candidate and the candidate's immediate family may make to a candidate's campaign or campaign committee.

SB 524. By Senators Perdue of the 18th, Oliver of the 42nd and Taylor of the 12th:
A bill to amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, the "Georgia Civil Practice Act," so as to provide for service of offers of settlement; to provide that any party who rejects an offer of settlement which is more favorable than a judgment finally entered shall pay the costs, including attorney's fees, incurred after the making of the offer.

SB 688. By Senators Clay of the 37th, Lamutt of the 21st and Tanksley of the 32nd:
A bill to amend Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating to requesting judicial assistance from other courts, so as to allow assistance on a permanent basis; to provide for restrictions and limitations; to provide for related matters; to provide for an effective date.

SB 466. By Senators Clay of the 37th and Cagle of the 49th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the designation of state-wide poll watchers for elections and municipal elections; to provide for limitations.

SB 666. By Senator Price of the 28th:
A bill to amend Code Section 31-3-2 of the Official Code of Georgia Annotated, 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.

FRIDAY, MARCH 6, 1998

1495

SB 693. By Senators Thompson of the 33rd and Dean of the 31st:
A bill to amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, 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; to provide for self-sufficient operation; to authorize the department to delegate its functions and to contract in other ways.

SB 698. By Senator Taylor of the 12th:
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 provide for periodic review and rating of certain employees; to provide for determination and administration of certain performance based increases; to provide for construction of such provisions; to provide an effective date.

SB 498. By Senators Clay of the 37th and Tanksley of the 32nd:
A bill to amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to registration of sexually violent predators, so as to provide for increased penalties for failure to register; to provide for related matters; to provide for an effective date.

SB 612. By Senators Burton of the 5th and Hill of the 4th:
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 and other public educational institutions to build schoolhouses on real property leased from the state or a political subdivision, instrumentality, agency, or authority of the state.

SB 641. By Senator Thompson of the 33rd:
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 and duties of the department of transportation; to change certain provisions relating to powers of a municipality; to provide an effective date.

SB 670. By Senators Starr of the 44th and Middleton of the 50th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for definitions; to create the Advisory Committee on Pain and Symptom Management within the office of the joint-secretary of the state examining boards; to provide for committee appointment, membership, qualifications, vacancies, expenses, allowances, and organization; to provide for committee rights, duties, and functions.

SB 415. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend Code Section 12-5-31 of the Official Code of Georgia Annotated, relating to permits for the withdrawal, diversion, or impoundment of surface water, so as to provide that the procedure for issuing permits for the withdrawal, diversion, or impoundment of water from certain rivers shall include consideration of the recommendation of the Coastal Resources Division of the Department of Natural Resources; to provide for applicability.

1496

JOURNAL OF THE HOUSE,

SB 475. By Senator Boshears of the 6th:
A bill to amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to game and fish, so as to provide procedures for ceasing to operate certain tracts of land as a wildlife management area.

SB 671. By Senators Dean of the 31st, Marable of the 52nd and Guhl of the 45th:
A bill to amend the Official Code of Georgia Annotated, so as to change the names of the Board of Corrections, Department of Corrections, and commissioner of corrections; to substitute the term "Board of Prisons" for the term "Board of Corrections" wherever the same appears in the Code; to substitute the term "Georgia Bureau of Prisons" for the term "Department of Corrections" wherever the same appears in the Code.

SB 476. By Senators Crotts of the 17th, Dean of the 31st, Glanton of the 34th and others:
A bill to amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification as a defense to criminal prosecution, so as to provide for threats and use of force in defense of dwellings, places of business, and motor vehicles; to provide for criminal and civil immunity.

SB 634. By Senator Ralston of the 51st:
A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to privileged testimony, so as to provide that the privilege of communications between an attorney and a client shall include communications between a client and an attorney for another party to an action as to a matter of common interest.

SB 518. By Senators Taylor of the 12th, Harbison of the 15th, Burton of the 5th and others:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special license plates honoring United States armed forces veterans of the Chosin Reservoir Campaign of 1950 in North Korea.

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

SB 367. By Senators Burton of the 5th and Henson of the 55th:
A bill to amend Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the "Stone Mountain Memorial Association Act," so as to provide for the purposes of the association; to change certain provisions regarding the association fund; to create the association improvement fund and provide for expenditure of revenues of such fund.
Referred to the Committee on State Institutions & Property.

FRIDAY, MARCH 6, 1998

1497

SB 412. By Senators Boshears of the 6th, Ralston of the 51st and Balfour of the 9th:
A bill to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government, so as to provide that no state agency shall require greater qualifications of persons who have completed a course of home study than it does for public or private school graduates.
Referred to the Committee on Education.

SB 415. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend Code Section 12-5-31 of the Official Code of Georgia Annotated, relating to permits for the withdrawal, diversion, or impoundment of surface water, so as to provide that the procedure for issuing permits for the withdrawal, diversion, or impoundment of water from certain rivers shall include consideration of the recommendation of the Coastal Resources Division of the Department of Natural Resources; to provide for applicability.
Referred to the Committee on Natural Resources & Environment.

SB 466. By Senators Clay of the 37th and Cagle of the 49th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the designation of state-wide poll watchers for elections and municipal elections; to provide for limitations.
Referred to the Committee on Governmental Affairs.

SB 475. By Senator Boshears of the 6th:
A bill to amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to game and fish, so as to provide procedures for ceasing to operate certain tracts of land as a wildlife management area.
Referred to the Committee on Game, Fish & Parks.

SB 476. By Senators Crotts of the 17th, Dean of the 31st, Glanton of the 34th and others:
A bill to amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification as a defense to criminal prosecution, so as to provide for threats and use of force in defense of dwellings, places of business, and motor vehicles; to provide for criminal and civil immunity.
Referred to the Committee on Judiciary.

SB 491. By Senators Clay of the 37th, Tanksley of the 32nd and Lamutt of the 21st:
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; to provide for an effective date.
Referred to the Committee on Education.

1498

JOURNAL OF THE HOUSE,

SB 498. By Senators Clay of the 37th and Tanksley of the 32nd:
A bill to amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to registration of sexually violent predators, so as to provide for increased penalties for failure to register; to provide for related matters; to provide for an effective date.
Referred to the Committee on Judiciary.
SB 518. By Senators Taylor of the 12th, Harbison of the 15th, Burton of the 5th and others:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special license plates honoring United States armed forces veterans of the Chosin Reservoir Campaign of 1950 in North Korea.
Referred to the Committee on Motor Vehicles.

SB 524. By Senators Perdue of the 18th, Oliver of the 42nd and Taylor of the 12th:
A bill to amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, the "Georgia Civil Practice Act," so as to provide for service of offers of settlement; to provide that any party who rejects an offer of settlement which is more favorable than a judgment finally entered shall pay the costs, including attorney's fees, incurred after the making of the offer.
Referred to the Committee on Judiciary.

SB 593. By Senator Thomas of the 10th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to change a definition; to change provisions relating to the enforcement powers of the State Election Board; to provide a penalty for failure of a local election superintendent to complete the required minimum biennial training; to change provisions relating to applications for registration.
Referred to the Committee on Governmental Affairs.

SB 600. By Senators Crotts of the 17th, Lamutt of the 21st, Guhl of the 45th and others:
A bill to amend Code Section 36-66-4 of the Official Code of Georgia Annotated, relating to hearings on proposed zoning decisions, so as to provide for zoning ordinances which automatically zone certain property which is annexed or deannexed subject to certain conditions; to provide for limitations.
Referred to the Committee on Judiciary.

SB 603. By Senators Perdue of the 18th, Walker of the 22nd and Marable of the 52nd:
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, so as to prohibit exclusion of coverage of certain routine patient care costs for dependent children of insureds enrolled in approved clinical trial programs for cancer therapy; to define certain terms; to provide for enforcement.
Referred to the Committee on Insurance.

FRIDAY, MARCH 6, 1998

1499

SB 605. By Senators Oliver of the 42nd, Madden of the 47th, Scott of the 36th and others:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," so as to provide a definition; to change the provisions relating to contributions and expenditures and the reporting thereof; to limit the amount of loans which a candidate and the candidate's immediate family may make to a candidate's campaign or campaign committee.
Referred to the Committee on Rules.

SB 612. By Senators Burton of the 5th and Hill of the 4th:
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 and other public educational institutions to build schoolhouses on real property leased from the state or a political subdivision, instrumentality, agency, or authority of the state.
Referred to the Committee on Education.

SB 633. By Senators Ralston of the 51st, Johnson of the 1st and Roberts of the 30th:
A bill to amend Chapter 1 of Title 1 of the Official Code of Georgia Annotated, relating to general provisions, so as to provide that persons who are ordered to perform community service shall perform the required number of hours of such service exclusive of time spent in traveling to or from the place of work.
Referred to the Committee on Special Judiciary.

SB 634. By Senator Ralston of the 51st:
A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to privileged testimony, so as to provide that the privilege of communications between an attorney and a client shall include communications between a client and an attorney for another party to an action as to a matter of common interest.
Referred to the Committee on Judiciary.

SB 638. By Senators Perdue of the 18th, Clay of the 37th and Hooks of the 14th:
A bill to amend Chapter 21 of Title 50 of the Official Code of Georgia Annotated, relating to sovereign immunity and claims against the state, so as to provide for a reservation of sovereign immunity with respect to failure of computer systems to properly recognize or process dates in the year 2000 or later; to provide for applicability to state and local government; to provide for the meaning of terms.
Referred to the Committee on State Planning & Community Affairs.

SB 641. By Senator Thompson of the 33rd:
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 and duties of the department of transportation; to change certain provisions relating to powers of a municipality; to provide an effective date.
Referred to the Committee on Transportation.

1500

JOURNAL OF THE HOUSE,

SB 655. By Senator Taylor of the 12th:
A bill to amend Chapter 8 of Title 29 of the Official Code of Georgia Annotated, relating to judges of the probate courts as custodians of certain funds, so as to authorize the judges of the probate courts to receive, collect, invest, and distribute certain funds to be paid to minors who have no legal and qualified guardian of the property; to allow probate judges to authorize regular and recurring payments from certain funds for the support, education, and maintenance of a minor who has no legal and qualified guardian of the property; to provide for compensation and fees.
Referred to the Committee on Judiciary.
SB 656. By Senator Langford of the 29th:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance workers' compensation funds, so as to provide that the Commissioner of Insurance may contract with private examiners to accomplish such examinations; to provide for the payment of such examinations.
Referred to the Committee on Insurance.
SB 657. By Senators Blitch of the 7th, Tanksley of the 32nd, Walker of the 22nd and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change certain provisions relating to liability of an insurer for damages and attorney's fees upon bad faith refusal to timely pay a claim; to change certain provisions relating to motor vehicle liability policy requirements and uninsured motorist coverage; to provide for applicability.
Referred to the Committee on Judiciary.
SB 665. By Senator Langford of the 29th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change certain provisions relating to group accident and sickness contracts and conversion privilege and continuation right provisions; to change certain provisions relating to the provisions in health insurance policies for coverage of newly born or adopted children.
Referred to the Committee on Insurance.

SB 666. By Senator Price of the 28th:
A bill to amend Code Section 31-3-2 of the Official Code of Georgia Annotated, 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.
SB 670. By Senators Starr of the 44th and Middleton of the 50th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for definitions; to create the Advisory Committee on Pain and Symptom Management within the office of the joint-secretary of the state examining boards; to provide for committee appointment, membership, qualifications, vacancies, expenses, allowances, and organization; to provide for committee rights, duties, and functions.
Referred to the Committee on State Planning & Community Affairs.

FRIDAY, MARCH 6, 1998

1501

SB 671. By Senators Dean of the 31st, Marable of the 52nd and Guhl of the 45th:
A bill to amend the Official Code of Georgia Annotated, so as to change the names of the Board of Corrections, Department of Corrections, and commissioner of corrections; to substitute the term "Board of Prisons" for the term "Board of Corrections" wherever the same appears in the Code; to substitute the term "Georgia Bureau of Prisons" for the term "Department of Corrections" wherever the same appears in the Code.
Referred to the Committee on State Institutions & Property.

SB 688. By Senators Clay of the 37th, Lamutt of the 21st and Tanksley of the 32nd:
A bill to amend Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating to requesting judicial assistance from other courts, so as to allow assistance on a permanent basis; to provide for restrictions and limitations; to provide for related matters; to provide for an effective date.
Referred to the Committee on Judiciary.

SB 693. By Senators Thompson of the 33rd and Dean of the 31st:
A bill to amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, 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; to provide for self-sufficient operation; to authorize the department to delegate its functions and to contract in other ways.
Referred to the Committee on Transportation.

SB 695. By Senator Starr of the 44th:
A bill to amend an Act entitled "An Act to provide a new charter for the City of Lake City" so as to change the corporate boundaries of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 698. By Senator Taylor of the 12th:
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 provide for periodic review and rating of certain employees; to provide for determination and administration of certain performance based increases; to provide for construction of such provisions; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs.

SB 700. By Senator Thomas of the 10th:
A bill to amend Article 2 of Chapter 19 of Title 45 of the Official Code of Georgia Annotated, relating to fair employment practices, so as to prohibit public employers from requiring public employees or applicants to agree to not receive certain overtime or compensatory time; to provide for definitions; to provide for conditions and limitations; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs.

1502

JOURNAL OF THE HOUSE,

SB 701. By Senators Thompson of the 33rd, Lamutt of the 21st and Clay of the 37th:
A bill to amend an Act creating the Cobb County Commission on Children and Youth, as amended, so as to change the date upon which the commission will be abolished.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 702. By Senators Glanton of the 34th and Roberts of the 30th:
A bill to provide that the tax commissioner of Douglas County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Douglas County to reimburse the county for the cost of collecting school taxes; to provide for a statement of intention and the authority for this Act.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 703. By Senator Price of the 28th:
A bill to create the Spalding County Collaborative Authority for Families and Children; to provide for the manner of appointment of members; to provide for terms, duties, and powers; to provide for all related matters; to provide for an annual report; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 704. By Senator Kemp of the 3rd:
A bill to provide a homestead exemption from Liberty County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of that county who have annual incomes not exceeding $50,000.00.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 544. By Senators Perdue of the 18th, Johnson of the 1st, Starr of the 44th and others:
A resolution creating the Joint Study Committee on Franchise Fees and Conditions, Rights of Way, and Tax Implications of Competitive Markets.
Referred to the Committee on Rules.

SR 552. By Senators Hooks of the 14th, Oliver of the 42nd, Egan of the 40th and others:
A resolution to create the Joint Study Committee on Historic Preservation.
Referred to the Committee on Rules.

SR 583. By Senators Burton of the 5th, Harbison of the 15th, Broun of the 46th 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.

FRIDAY, MARCH 6, 1998

1503

SR 593. By Senators Clay of the 37th, Price of the 56th and Lamutt of the 21st: A resolution creating the Joint State Income Tax Reform Study Commission.
Referred to the Committee on Rules.
SR 648. By Senators Johnson of the 1st, Johnson of the 2nd and Boshears of the 6th: A resolution designating portions of Interstate 95 in honor of Tom Coleman and Mack Mattingly, respectively.
Referred to the Committee on Transportation.

SR 653. By Senator Brown of the 26th:
A resolution designating a portion of State Highway 19 in Macon as "Duane Allman Boulevard" and a bridge thereon as "Raymond Berry Oakley III Bridge" in honor and remembrance of late founding members of the Allman Brothers Band.
Referred to the Committee on Transportation.
SR 677. By Senators Marable of the 52nd, Dean of the 31st, Henson of the 55th and others:
A resolution creating the Joint Study Committee on School Health Care.
Referred to the Committee on Rules.

SR 680. By Senators Price of the 56th, Middleton of the 50th, Clay of the 37th and others: A resolution creating the Georgia DUI Study Commission.
Referred to the Committee on Rules.
Representative Sauder of the 29th moved that debate on all Bills and Resolutions for today be limited to ten minutes for each speaker and twenty minutes to the presenter.
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 YBenefield YBirdsong Y Bohannon Y Bordeaux N Bradford YBnedlove Y Bridges N Brooks N Brown EBuck YBuckner NBunn
Burkhalter YByrd
Campbell Canty

Y Cash Y Channel! Y Guilders Y Clark N Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper E Crawford
Crews Y Culbreth
Cummings Y Davis, G N Davis, M E Day
DeLoach, B Y DeLoach, G
Dix DUon Dobbs Y Dukes N Ehrhart Y Epps N Evans

Y Everett Y Felton Y Floyd N Franklin Y Golden Y Graves
Greene N Grindley Y Hammontree
Banner Y Harbin
Heard Y Hecht
Heckstall Y Hegstrom Y Henson Y Holland
Holmes Y Houston Y Howard N Hudgens
Hudson, H Y Hudson, N Y Hugley Y Irvin

Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnaton Y Jones N Joyce N Kaye N Ladd N Lakly
Lane Lee Y Lewis Y Lord Lucas Maddox N Mann Y Manning Y Martin, J Y Martin, J.L N Massey Y McBee Y McCall Y McClinton

McKinney E Mills Y Mobley Y Mosley Y Mueller Y O'Neal
Orrock Y Parham Y Parrish Y Parsons Y Pelote
Perry N Pinholster Y Poag Y Polak
Ponder Y Porter Y PoweU Y Purcell Y Ragas Y Randall
Ray Y Reaves Y Reichert N Rice

1504

JOURNAL OF THE HOUSE,

Y Richardson Y Roberts Y Rogers Y Royal N Sanders YSauder YScarlett YScheid N Scott YShanahan YShaw

Y Sherrill Shipp
Y Sims 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 Smyre
N Snelling Snow
N Stallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor

On the motion, the ayes were 109, nays 31. The motion prevailed.

Teague Y Teper Y Thomas Y Tillman
Titus Y Tolbert
Trense Turnquest YTwiggs Y Walker, L N Walker, R.L

Y Watson Y West N Westmoreland
Whitaker N Wiles Y Williams, B
Williams, J Y Williams, R N Worthan N Yates
Murphy, Spkr

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 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.

The following substitute, offered by Representative Jamieson of the 22nd, was read:

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 certain new low-emission vehicles or the conversion of certain conventionally fueled vehicles; to provide for definitions and the terms, conditions, limitations, and procedures relating to such credits; to provide for powers, duties, and authority of the state revenue commissioner, the Board of Natural Resources, and the Environmental Protection Division of the Department of Natural Resources with respect to the foregoing; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION I. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, is amended by adding a new Code section immediately following Code Section 48-7-40.14, relating to calculation of new full-time jobs, to be designated Code Section 48-7-40.15, to read as follows:
"48-7-40.15.
(a) As used in this Code section, the term: (1) 'Alternative fuel' means methanol, denatured ethanol, and other alcohols; mixtures containing 85 percent or more by volume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels; natural gas; liquefied petroleum gas; hydrogen; coal derived liquid fuels; fuels other than alcohol derived from biological materials; and electricity, including electricity from solar energy. (2) 'Conventionally fueled vehicle' means a motor vehicle which is fueled solely by a petroleum based fuel such as gasoline or diesel. (3) 'Converted vehicle' means a motor vehicle that is retrofitted so that it is fueled solely by an alternative fuel and which meets the emission standards set forth for that

FRIDAY, MARCH 6, 1998

1505

class of low-emission vehicles as defined under rules and regulations of the Board of Natural Resources applicable to clean fueled fleets, as amended, when operating on such alternative fuel.
(4) 'Covered area' means a geographic area designated by the United States Environmental Protection Agency in the Code of Federal Regulations as an area which has not attained or maintained the National Ambient Air Quality Standard for ozone in accordance with the federal Clean Air Act, as amended, or any county adjacent to a covered area.
(5) 'Fleet operator' means a person who operates a fleet of ten or more motor vehicles and that fleet is operated in a single covered area, even if the fleet motor vehicles are garaged outside a covered area. (6) 'Low-emission vehicle' means a motor vehicle which is fueled solely by an alternative fuel and which meets emission standards as defined under rules and regulations of the Board of Natural Resources applicable to clean fueled fleets, as amended, when operating on such alternative fuel. (7) 'Motor vehicle' means any self-propelled vehicle designed for transporting persons or property on a street or highway that is registered by the Motor Vehicle Division
of the Department of Revenue. (b) A tax credit is allowed against the tax imposed under this article to a taxpayer for
the purchase or lease of a new low-emission vehicle that is registered in a covered area. The amount of the credit shall be $1,500.00 per new low-emission vehicle.
(c) A tax credit is allowed against the tax imposed under this article to a taxpayer for the conversion of a conventionally fueled vehicle to a converted vehicle that is registered in a covered area. The amount of the credit shall be equal to the cost of conversion,
not to exceed $1,500.00 per converted vehicle. (d) The credits granted under this Code section shall be subject to the following condi-
tions and limitations: (1) All claims for any credit provided by subsection (b) of this Code section shall be: (A) Accompanied by a certification issued by the automobile dealership where the
new low-emission vehicle was purchased or leased; and (B) Made only by a taxpayer who is the ultimate purchaser or lessee of a new low-
emission vehicle at retail; (2) In order to qualify for a tax credit in a particular calendar year for the lease of a new low-emission vehicle under subsection (b) of this Code section, the lease must
be in effect prior to or on the last day of the calendar year in which the credit is claimed;
(3) All claims for any credit provided by subsection (c) of this Code section must be accompanied by a certification issued by the Environmental Protection Division of the
Department of Natural Resources; (4) Motor vehicles subject to the requirements imposed upon fleet operators by the federal Clean Air Act, 42 U.S.C. Section 7401, et seq., as amended, and applicable fed-
eral regulations are not eligible for any tax credit under this Code section;
(5) Any credit claimed under this Code section but not used in any taxable year may be carried forward for three years from the close of the taxable year in which a new low-emission vehicle was purchased or leased or a conventionally fueled vehicle was
changed into a converted vehicle, provided that the applicable certification required
in paragraph (1) or (3) of this subsection accompanies any such claim; and (6) In no event shall the amount of any tax credit provided in this Code section
exceed the taxpayer's income tax liability. (e) The state revenue commissioner shall be authorized to adopt rules and regulations to provide for the administration of any tax credit provided by this Code section.
(f) The Board of Natural Resources shall be authorized to adopt rules and regulations
to provide for: (1) The specific standards and requirements for low-emission and converted vehicles
which shall be consistent with the terms of this Code section: (2) An approved certification form which shall be issued by an automobile dealership which certifies the purchase or lease of a new low-emission vehicle that is qualified
for a tax credit provided by this Code section; and

1506

JOURNAL OF THE HOUSE,

(3) The certification of any converted vehicle that is qualified to claim a tax credit provided by this Code section."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 1998.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives Evans of the 28th, Teper of the 61st and McCall of the 90th move to amend the Floor substitute to HB 1161 by striking lines 10 through 16 of page 2 and inserting in lieu thereof the following:
"(4) 'Covered area' means the geographic area of his state."

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

N Alien Anderson
NAshe N Bailey Y Bannister NBarfoot Y Barnard YBarnes
Bates N Benefield
NBirdsong Bohannon
Y Bordeaux
Y Bradford Y Breedlove Y Bridges N Brooks Y Brown EBuck Y Buckner YBunn
Burkhalter
NByrd Y Campbell
Canty YCash N Channell
N Childera Y Clark YCoan Y Coleman, B N Coleman, T N Connell Y Cooper E Crawford
Y Crews

N Culbreth N Cummings
N Davis, G Y Davis, M EDay
DeLoach, B Y DeLoach, G
Dii NDixon YDobbs N Dukes YEhrhart NEpps Y Evans
Y Everett N Felton N Ployd Y Franklin N Golden
Y Graves N Greene Y Grindley Y Hammontree NHanner Y Harbin N Heard YHecht
Heckstall N Hegstrom N Henson N Holland Y Holmes N Houston Y Howard Y Hudgens
Hudson, H

N Hudson, N
N Hugley Ylrvin
Jackson
N James N Jamieson Y Jenkins
Johnson
Y Johnston N Jones Y Joyce YKaye YLadd YLakly NLane NLee Y Lewis NLord
Lucas Maddox
YMann Y Manning
Martin, J Y Martin, J.L YMassey NMcBee Y McCall N McClinton N McKinney Y Mills N Mobley
N Mosley Mueller
N O'Neal Y Orrock
NParham

N Parrish Y Parsons N Pelote
Perry Y Pinholster
NPoag NPolak
Ponder N Porter Y Powell NPurcell NRagas
Randall Ray Y Reaves N Reichert YRice Y Richardson N Roberts N Rogers N Royal Y Sanders Y Sauder Y Scarlett Scheid Y Scott
N Shanahan YShaw
N Sherrill Y Shipp NSims
Sinkfield N Skipper N Smith, C Y Smith, C.W
N Smith, L

On the adoption of the amendment, the ayes were 76, nays 75. The Chair voted "nay". The amendment was lost.

The Floor substitute was adopted.

Y Smith, L.R N Smith, P N Smith, T Y Smith, V NSmyre Y Snelling YSnow N Stallings NStancil,F Y Stancil, S N Stanley, L N Stanley, P
Y Stephens N Taylor
ETeague Y Teper N Thomas NTillman
Y Titus Tolbert
NTrense Turnquest Twiggs
N Walker, L Y Walker, R.L N Watson NWest Y Westmorland N Whitaker Y Wiles Y Williams, B
Y Williams, J Y Williams, R YWorthan
YYates Murphy, Spkr

FRIDAY, MARCH 6, 1998

1507

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 Bailey
Y Bannister Barfoot
Y Barnard YBames Y Bates Y Benefield YBirdsong
Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown
EBuck Buckner
YBunn Burkhalter
YByrd Y Campbell
Canty YCasb YChannell
YChildere Y Clark YCoan Y Coleman, B Y Coleman, T Y Cornell Y Cooper E Crawford Y Crews

Y Culbreth Y Cummings Y Davis, G Y Davis, M EDay
DeLoach, B YDeLoach, G
Dix YDixon
YDobbs Y Dukes YEhrhart YEpps Y Evans
Y Everett Y Felton YPloyd Y Franklin Y Golden Y Graves YGraene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht
HeckstaU 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 YJenkins
Johnson Y Johnston Y Jones Y Joyce
Kaye YLadd YLakly YLane YLee Y Lewis YLord
Lucas Maddox
YMann Y Manning Y Martin, J Y Martin, J.L
YMassey Y McBee YMcCall Y McClinton Y McKinney
Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham

Y Parrish Y Parsons Y Pelote
Perry Y Pinholster YPoag YPolak
Ponder Y Porter Y Powell YPurcell 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
YShaw Y Sherrill
Y Shipp YSims
Sinkfield
Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
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 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 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Bohannon of the 139th 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 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 Annotated, relating to commissions and other agencies, so as to create the Georgia Commission on the Holocaust.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to commissions and other agencies, so as to create the Georgia Commission on the Holocaust; to provide for a statement of findings; to provide for the membership, terms, qualifications, officers, quorum, powers, and duties of the commission; to provide for vacancies; to

1508

JOURNAL OF THE HOUSE,

provide for reports; to provide for advisory committees and advisors; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to commissions and other agencies, is amended by adding at the end thereof a new Article 8 to read as follows:
"ARTICLE 8
50-12-130. The General Assembly finds and declares that:
(1) During the period from 1933 through 1945, six million Jews and millions of other Europeans were murdered in Nazi concentration camps as part of a carefully orchestrated program of cultural, social, and political genocide known as the Holocaust; (2) All people should remember the horrible atrocities committed at that time and other times in human history as the result of bigotry and tyranny and, therefore, should continually rededicate themselves to the principles of human rights and equal protection under the laws of a democratic society; (3) It is desirable to educate our citizens about the events leading up to the Holocaust and about the organizations and facilities that were created and used purposefully for the systematic destruction of human beings; (4) Holocaust history is the proper concern of all people, particularly students enrolled in the schools, colleges, and universities of the State of Georgia; (5) Programs, workshops, institutes, seminars, exhibits, and other teacher-training activities for the study of the Holocaust have taken place during recent years at various middle schools, high schools, colleges, and universities in this state; and (6) It is desirable to create a permanent state commission which, as an organized body and on a continuous basis, will survey, design, encourage, and promote implementation of Holocaust education and awareness programs in Georgia and will be responsible for organizing and promoting the memorialization of the Holocaust on a regular basis throughout the state.
50-12-131. (a) There is created the Georgia Commission on the Holocaust in the executive branch of state government. The commission shall be assigned to the Office of the Secretary of State for administrative purposes only. (b) The commission shall be composed of the following members:
(1) Ex-officio members as follows: (A) The State School Superintendent or the Superintendent's designee; (B) The chancellor of the University System of Georgia or the chancellor's designee; (C) The executive director of the Georgia Public Telecommunications Commission or the executive director's designee; and (D) The commissioner of veterans service or the commissioner's designee; and
(2) Public members as follows: (A) Five public members appointed by the Governor; (B) Five public members appointed by the Speaker of the House of Representatives; and (C) Five public members appointed by the President of the Senate.
(c) The public members of the commission shall be residents of this state and shall be appointed with due regard for broad geographic representation. Such public members should include but not be limited to:
(1) Individuals who have served prominently as spokespersons for or as leaders of organizations or corporations which serve members of religious, ethnic, national heritage, or social groups which were subjected to genocide, torture, wrongful deprivation of liberty or property, officially imposed or sanctioned violence, and other forms of

FRIDAY, MARCH 6,1998

1509

human rights violations and persecution at the hands of the Nazis and their collaborators during the Nazi era; (2) Individuals who are experienced in the field of Holocaust education; (3) Individuals who represent liberators of victims of the Holocaust; or (4) Lay persons who have an interest in Holocaust education. (d) Public members of the commission shall be appointed for terms of five years each and until their respective successors are appointed and qualified. Public members shall be eligible for reappointment. The office of any member of the commission who fails to attend more than two consecutive meetings of the commission without an excuse approved by a resolution of the commission shall become vacant. All vacancies shall be filled by appointment in the same manner as the original appointment, and the person so appointed to fill a vacancy shall serve for the remainder of the unexpired term. (e) The commission shall have a chairperson who shall be appointed by the Governor for a term of five years and until his or her successor is appointed and qualified. (f) Seven members of the commission shall constitute a quorum for the transaction of the business of the commission. Public members shall have the right to vote on any matter before the commission, but ex-officio members and their designees shall not have the right to vote. (g) The Speaker of the House of Representatives shall appoint a member of the House of Representatives and the President of the Senate shall appoint a member of the Senate to serve as advisors to the commission.
50-12-132. The commission shall:
(1) Provide, based upon the collective knowledge and experience of its members, assistance and advice to public and private schools, colleges, and universities with respect to the implementation of Holocaust education and awareness programs; (2) Meet with appropriate education officials and other interested public and private organizations, including service organizations, for the purpose of providing information, planning, coordination, or modification of courses of study or programs dealing with the subject of the Holocaust; (3) Survey and catalogue the extent of Holocaust and genocide education presently being incorporated into the curricula and taught in the educational system of this state; (4) Inventory those Holocaust memorials, exhibits, and resources which could be incorporated into courses of study or programs at various locations and other educational agencies for the development and implementation of Holocaust and genocide education programs. In furtherance of this responsibility, the commission shall be authorized to contact and cooperate with existing Holocaust and genocide public or private nonprofit resource organizations and may act as a liaison concerning Holocaust and genocide education to members of the United States Senate and House of Representatives, the Georgia Senate and House of Representatives, the United States Holocaust Memorial Museum, and other national and international Holocaust agencies; (5) Compile a roster of individual volunteers who are willing to share their verifiable knowledge and experiences in classrooms, seminars, and workshops on the subject of the Holocaust. Such volunteers may be survivors of the Holocaust, liberators of concentration camps, scholars, members of the clergy, community relations professionals, and other persons who, by virtue of their experience, education, or interest, have experience with the Holocaust; (6) Coordinate events memorializing the Holocaust and seek volunteers who are willing and able to participate in commemorative events that will enhance public awareness of the significance of the Holocaust; (7) Prepare reports for the Governor and the General Assembly regarding its findings and recommendations to facilitate the inclusion of Holocaust studies and special programs memorializing the Holocaust in educational systems in this state; and (8) Appoint advisory committees to advise the commission on the fulfillment of its duties."

1510

JOURNAL OF THE HOUSE,

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien
Y Anderson
YAshe Y Bailey Y Bannister
YBarfoot Y Barnard
Barnes Y Bates Y Benefield
YBiidsong YBohannon Y Bordeaux Y Bradford Y Breedlove
Bridges Y Brooks Y Brown EBuck
Buckner Bunn Burkhalter YByrd Y Campbell Canty YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Y Cornell Y Cooper E Crawford Y Crews

Y Culbreth Y Cumnungs Y Davis, G
Davis, M EDay
DeLoach, B Y DeLoach, G
Dii YDixon YDobbs
Y Dukes YEhrhart YEpps Y Evans Y Everett YPelton Y Floyd Y Franklin Y Golden Y Graves
Greene Y Grindley Y Hammontree
Manner 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 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 Y Moaley
Mueller
Y O'Neal YOrrock YParham

YParrish Y Parsons Y Pelote
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
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
Smith, V YSmyre Y Snelling YSnow YStaliings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague YTeper Y Thomas YTillman N 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, by substitute, the ayes were 152, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1464.

By Representative Channel! of the lllth:
A bill to amend Code Section 48-5-45 of the Official Code of Georgia Annotated, relating to filing requirements with respect to homestead exemptions, so as to change certain provisions regarding filing deadlines.

The following Committee substitute was read:

A BILL
To amend Code Section 48-5-45 of the Official Code of Georgia Annotated, relating to filing requirements with respect to homestead exemptions, so as to change certain provisions regarding the filing deadline with respect to homestead exemptions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

FRIDAY, MARCH 6, 1998

1511

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-45 of the Official Code of Georgia Annotated, relating to filing requirements with respect to homestead exemptions, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a){l} An applicant seeking a homestead exemption as provided in Code Section
4o~o*44 8lift11 1116 OH Of DOlOFC cxl ClOfllH clAv rOF tflG FCtUrft Or tiu VfllOrCHi IfliCS lOr
the county in which saefe applicant resides as provided in Code Section 48-6-18 and? in the ease ef an exemption from taxes levied -by a consolidated city-county government, * er before fee erasing date for fee retttrnef ad valorem taxes for fee enty in which stteh applicant resides as provided in Code Section 48-6-18 ef- fee year in which coemption from taxation is sought a written application and schedule with the tax receiver or tax commissioner charged with the duty of receiving returns of property for taxation:
(A) On or before June Ij or (B) In all counties providing for the collection and payment of ad valorem taxes in installments, on or before May Ij or such later date as may be established by local Act. (2) The failure to file properly the application and schedule shall constitute a waiver of the homestead exemption on the part of the applicant failing to make the application for such exemption for that year ntrl fee first day ef fee month following fee month stteh application and schedule are filed properly wife fee county tas assessor;
pFOVKted) ftOWCVCP, tRftu Hfll699 TR& AppiiCfltlOft 8JML 9CIiCQUlO CLPG IllCu OH OF DCIOFC
June 4 of seh year; fee exemption shaU be waived for feat entire year."
SECTION 2. This Act shall become effective on January 1, 1999, and shall be applicable to all taxable years beginning on or after that date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:
Representatives Smith of the 109th, Culbreth of the 132nd and Channell of the lllth move to amend the Committee substitute to HB 1464 as follows: Line 31 page 1 strike "later" insert "different".

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

Y Alien YAndereon Y Ashe Y Bailey Y Bannister YBarfoot Y Barnard
Bames Y Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford

Y Breedlove Y Bridges Y Brooks Y Brown E Buck
Buckner Y Bonn
Burkhalter Y Byrd Y Campbell
Canty Y Cash Y Channel! Y Guilders

Y Clark Y Coan Y Coleman, B Y Coleman, T Y ConneU Y Cooper B Crawford Y Crews Y Culbreth
Cummings Y Davis, C Y Davis, M E Day Y DeLoach, B

Y DeLoach, G Y Dix Y Dixon 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
HeckstaU Y Hegstrom Y Henson Y Holland Y Holmes Y Houston Y Howard

1512

JOURNAL OF THE HOUSE,

YHudgens Y Hudson, H Y Hudson, N YHugley Ylrvin Y Jackson Y James YJamieeon YJenkins Y Johnson Y Johnston
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 YMcCidl Y McClinton YMcKinney Y Mills YMobley YMosley YMueller YO-Neal YOnock YParham YParrish Y Parsons YPelote
Perry
YPinholster YPoag

YPolak Ponder
Y Porter
YPowell YPurcell YRagas YRandall YlUy Y Reaves YReichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders YSauder YScarlett
Scheid Y Scott
Y Sbanahan YShaw

YSherrill YShipp YSinu
Sinkfleld 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 Y Stalling* YStanciLF Y Stancil, S Y Stanley, L
Y Stanley, P Y Stephens Y Taylor

ETeague YTeper
Thomas YTillman Y Titus
YTolbert YTrense
Turnquest YTwiggs
Walker, L Y Walker, R.L Y Watson
West 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, by substitute, as amended, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Burkhalter of the 41st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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.

The report of the Committee, which was favorable to the 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
Barnes Y Bates
Benefield YBirdsong
Bohannon
Y Bordeaux Y Bradford YBnedlove Y Bridges
Y Brooks Brown
EBuck Buckner
YBunn Y Burkhalter

YByrd Y Campbell
Canty
YCash Y Channel! Y Childere
Y Clark YCoan YColeman, B Y Coleman, T YConnell Y Cooper E Crawford Y Crews Y Culbreth
Y Cummings Y Davis, G Y Davis, M EDay
YDeLoach, 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 Y Manner
Y Harbin Y Heard YHecht
Heckstall YHegstrom
Henson

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 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
McClinton Y McKinney Y Mills
Y Mobley YMosley Y Mueller YO'Neal
YOrrock YParham YParrish
Y Parsons

FRIDAY, MARCH 6, 1998

1513

YPelote Perry
YPinhoUter
Poag YPolak Y Ponder Y Porter YPowell YPurceU YHagas YRandall
Hay Y Reaves YReichert

YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders YSauder 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
Smith, V YSmyre YSneUing YSnow YStallings

Y Stanca, F Y StancU, S Y Stanley, L Y Stanley, P Y Stephens YTaylor ETeague YTeper
Thomas YTiUman Y Titus Y Tolbert YTrense Y Tumquest

YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest
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 156, nays 0. The Bill, having received the requisite constitutional majority, was

Representatives Smith of the 102nd, Westmoreland of the 104th and Brown of the 130th 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 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 Annotated, relating to sex education and AIDS prevention education, so as to require instruction regarding the legal consequences of parenthood.

The report of the Committee, which was favorable to the 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
YAahe Y Bailey Y Bannister YBarfoot
Barnard Barnes
Y Bates Benefield
YBirdsong YBohannon
Bordeaux
Y Bradford YBreedlove Y Bridges Y Brooks Y Brown EBuck YBuckner YBunn Y Burkhalter
Byrd Y Campbell
Canty YCash YChannell YChilders Y Clark YCoan YColeman, B YColeman,T Y Cornell
Y Cooper E Crawford
Y Crews

Culbreth Y Cummings YDavis, G Y Davis, M EDay YDeLoach, B YDeLoach, G YDix YDizon YDobbs Y Dukes YEhrhart
YEpps Y Evans YEverett YFelton
Floyd Y Franklin Y Golden Y Graves YGreene Y Grindley
Y Htunniontroo Y Banner Y Harbin Y Heard YHecht
Hecks tall 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 YJamieson Y Jenkins
Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane
Lee Y Lewis
Lord Lucas Y Maddox Y Mann
Y Manning
Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall
McClinton N McKinney
Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal
YOrrock YParham

YParrish Y Parsons YPelote
Perry Y Pinholster
Poag YPolak Y Ponder
Y Porter YPowell YPurceU YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson
Roberts Y Rogers
Royal Y Sanders YSauder YScarlett 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 YSnelling YSnow
StaUings YStancil, F Y Stancil, S
Y Stanley, L Y Stanley, P Y Stephens
Y Taylor ETeague YTeper Y Thomas YTilunan Y Titus Y Tolbert YTrense Y Tumquest 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

1514

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 153, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representatives Roberts of the 162nd and Byrd of the 170th 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 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 Annotated, relating to bid, performance, and payment bond requirements for contracts for public works, so as to permit a bidder to withdraw its bid from consideration after the bid opening, under certain circumstances, without forfeiting its bid bond or other security.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid, performance, and payment bond requirements for contracts for public works, so as to permit a bidder to withdraw its bid from consideration after the bid opening, under certain circumstances, without forfeiting its bid bond or other security; to provide for related matters; to provide 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 13-10-1 of the Official Code of Georgia Annotated, relating to bid, performance, and payment bond requirements for contracts for public works, is amended by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a)(l) If the state, a county, a municipal corporation, or any public board or body thereof requires a bid bond for any particular public work, no bid for a contract with the state, county, municipal corporation, or any public board or body thereof for the doing of such public work shall be valid for any purpose, unless the contractor shall give a bid bond with good and sufficient surety or sureties approved by the governing authority for the faithful acceptance of the contract payable to, in favor of, and for the protection of the state, county, municipal corporation, or public board or body thereof for which the contract is to be awarded. The bid bond shall be in the amount of not less than 5 percent of the total amount payable by the terms of the contract. No bid shall be read aloud or considered if a proper bid bond or other security authorized in paragraph (2) of this subsection has not been submitted. The provisions of this subsection shall not apply to any bid for a contract which is required by law to be accompanied by a proposal guaranty and shall not apply to bids for contracts with any public agency or body which receives funding from the United States Department of Transportation and which is primarily engaged in the business of public transportation. (2) In lieu of the bid bond provided for in paragraph (1) of this subsection, the state, a county, a municipal corporation, or any public board or body may accept a cashier's check, certified check, or cash in the amount of not less than 5 percent of the total amount payable by the terms of the contract payable to and for the protection of the state, county, municipal corporation, or public board or body thereof for which the contract is to be awarded.

FRIDAY, MARCH 6, 1998

1515

(3) (A) Any public entity receiving bids subject to this subsection shall permit a bidder to withdraw its bid from consideration after the bid opening without forfeiture of its bid security if:
(i) The bidder has made an appreciable error in the calculation of his or her bid that can be documented by clear and convincing written evidence: (ii) Such errors can be clearly shown by objective evidence drawn from inspection of the original work papers, documents, or materials used in the preparation of the bid sought to be withdrawn; (iii) The bidder serves written notice upon the public entity which invited proposals for the work prior to the award of the contract and not later than 48 hours after the opening of bids, excluding Saturdays and Sundays and legal holidays: (iv) The bid was submitted in good faith and the mistake was due to a calculation or clerical error, an inadvertent omission, or a typographical error as opposed to an error in judgment; and (v) The withdrawal of the bid will not result in undue prejudice to the public entity or other bidders by placing them in a materially worse position than they would have occupied if the bid had never been submitted. (B) In the event that the apparent successful bidder has withdrawn its bid, action on the remaining bids should be considered as though the withdrawn bid had not been received. (C) In the event the project is relet for bids, under no circumstances shall the bidder who has filed a request to withdraw be permitted to rebid the work. (D) No bidder who is permitted to withdraw a bid shall for compensation supply any material or labor to, or perform any subcontract or other work agreement for, the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted."
SECTION 2. This Act shall become effective on July 1, 1998, and shall apply to bids submitted on and after that date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien YAndereon YAshe Y Bailey Y Bannister YBarfoot Y Barnard
Barnes N Bates Y Benefield
Birdsong
Bordeaux Y Bradford Y Breedlove
Bridges Y Brooks Y Brown EBuck Y Buckner YBunn Y Burkhalter
Byrd

Y Campbell Canty
YCash YCbannell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper E Crawford
Y Crews Y Culbreth
Y Cununings Y Davis, G Y Davis, M EDay
DeLoach, B YDeLoach, G YDii
Dizon
YDobbs

Y Dukes YKhrhart
YEpps Y Evans Y Everett Y Felton YPloyd Y Franklin Y Golden
Y Graves YGreene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht
Heckstall Y Hegstrom
Henson 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
Kaye YLadd YLakly YLane
YLee Y Lewis
Lord
Lucas Y 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
O'Neal
YOrrock YParham YParrish
Parsons Y Pelote Y Perry Y Pinholster
Poag YPolak

1516

JOURNAL OF THE HOUSE,

Y Ponder Y Porter YPowell
Purcell YRagaa
Randall YRay Y Reaves YReichert YRice Y Richardson Y Roberts Y Rogers

Royal Sanders YSauder YScarlett YScheid Y Scott Y Shanahan YShaw Sherrill YShipp 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 Y Smith, V Y Smyre Y Snelling Y Snow
Stalling Y Stancil, F Y Stancil, S

Y Stanley, L Y Stanley, P Y Stephens Y Taylor E Teague Y Taper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense
Turnquest Y Twiggs

Y 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, Spin-

On the passage of the Bill, by substitute, the ayes were 145, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

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 Annotated, relating to health insurance coverage for retiring and retired public school employees, so as to provide that such coverage shall be provided.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 20-2-915 of the Official Code of Georgia Annotated, relating to health insurance coverage for retiring and retired public school employees, so as to provide that such coverage shall be provided; to provide for the employee contribution for such coverage; 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 20-2-915 of the Official Code of Georgia Annotated, relating to health insurance coverage for retiring and retired public school employees, is amended by striking in its entirety subsection (b) and inserting in lieu thereof the following:
"(b) The contract or contracts shall provide for health insurance for retired former public school employees and retired former employees of a community college operated and funded by a local school system and their spouses and dependent children, as defined by the regulations of the board, under such terms as the board may deem appropriate. The former retired employees shall include individuals who retired prior to January 1, 4987 1985, who were covered by_ an employer group health plan at the time of retirement and who receive benefits from one of the retirement systems operated by the state or by a local school system. The costs of employer contributions and the administration of providing such insurance may be assessed against such retired former employees or may be appropriated to the Department of Education. Such retired former employees shall pay premiums for such health insurance in an amount set by the board after consideration of the amount appropriated to the Department of Education. The board shall adopt regulations prescribing the conditions under which a retired former employee may elect to participate in or withdraw from the plan."
SECTION 2. Notwithstanding the provisions of Section 2 of an Act entitled "An Act to amend Code Section 20-2-915 of the Official Code of Georgia Annotated, relating to coverage for retiring public school employees and their dependents under the public school employees

FRIDAY, MARCH 6,1998

1517

health insurance plan," approved April 14, 1987 (Ga. L. 1987, p. 1037), 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 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 YAndenon
YAshe Y Bailey
Y Bannister YBarfoot Y Barnard
YBarnM YBatn YBenefwld Y Biltong
Bohannon
Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown EBuck
YBuckner YBunn YBurkhalter
YByrd Campbell Canty
YCash Y Channell YChilden Y Clark YCoan
YColeman, B YColeman, T YConnell
Y Cooper E Crawford YCrewB

Y Culbreth Cummings
Y Davis, G YDavis,M EDay
DeLoach, B YDeLoach.G YDix
Dixon
YDobbe Y Dukes YEhrhart YEpps Y Evans
YEverett YFelton YPloyd
Y Franklin Y Golden
Gravel YGreene YGrindley Y Hammontree Y Manner
Y Harbin Y Heard
YHecht Heckstall
YHegstrom Henson
Y Holland Y Holmes Y Houston
Y Howard YHudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin
Jackson
Y James YJamieson Y Jenkins Y Johnson Y Johnston Y Jones
Y Joyce Kaye
YLadd YLakly YLane YLee Y Lewis
YLord Y Lucas
YMaddox Mann
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

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster
Poag YPolak Y Ponder
Y Porter YPowell YPurcell
YRagas YRandall
YKay Y Reaves
YReichert YRice Y Richardson
Y Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett YScheid Y Scott YShanahan YShaw YSherriU YShipp YSims
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 Stallings
YStancil,F YStancil, S Y Stanley, L Y Stanley, P Y Stephens YTaylor ETeague YTeper Y Thomas YTillman Y Titus YTolbert YTrense YTurnquest YTwiggs Y Walker, L Y Walker, R.L
Watson 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 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 Highway.

The following amendments were read and adopted:

Representatives Purcell of the 147th, Snow of the 2nd, Martin of the 47th, Parrish of the 144th and Channell of the lllth move to amend HR 1106 by adding preceding the semicolon on line 1 of page 1 the following:
"and the L. Carlton Gill Highway".

1518

JOURNAL OF THE HOUSE,

By inserting "PART I" between lines 2 and 3 of page 1.
By inserting between lines 28 and 29 of page 1 the following:
"PART II
WHEREAS, Mr. L. Carlton Gill has long been recognized by the citizens of Bryan County for the vital role that he has played in community leadership and his deep personal commitment to the welfare of the citizens of Georgia; and
WHEREAS, he has diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his over four decades of superlative service as a member of the board of commissioners of Bryan County; and
WHEREAS, his significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of his community have earned him the respect and admiration of his colleagues and associates; and
WHEREAS, he is a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness; and
WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this distinguished Georgian be appropriately recognized.
PART III".
By inserting following line 34 of page 1 the following:
"BE IT FURTHER RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of Interstate 95/Georgia Highway 405 running through Bryan County from the boundary of Liberty County to the boundary of Chatham County be named the L. Carlton Gill Highway."
By striking "this designation" and inserting in lieu thereof "these designations" on line 3 of page 2, by striking "copy" and inserting in lieu thereof "copies" on line 6 of page 2, and by adding "and to Mr. L. Carlton Gill" preceding the period on line 7 of page 2.

Representatives Snow of the 2nd and Greene of the 158th move to amend HR 1106 by adding preceding the semicolon on line 1 of page 1 the following:
"and the Hubert Ervin 'H. E.' Hobbs Highway".
By inserting " PART I" between lines 2 and 3 of page 1.
By inserting between lines 28 and 29 of page 1 the following:
"PART II
WHEREAS, Honorable Hubert Ervin 'H. E.' Hobbs served with distinction, dedication, and ability as mayor of the City of Cusseta for 17 years and was instrumental in bringing numerous public improvements to the city and its citizens, including the creation of the municipal water system; and
WHEREAS, he was widely respected for his 20 years of service as chairman of the Chattahoochee County Board of Education and for his leadership in providing exceptional educational opportunities to the young people of Chattahoochee County; and
WHEREAS, he was a faithful member of the First Baptist Church of Cusseta, where he served as chairman of the board of deacons; and
WHEREAS, he was actively involved with the business, civic, and social lives of his community, having served as president of the Cusseta Lions Club; and

FRIDAY, MARCH 6, 1998

1519

WHEREAS, he was the devoted husband of the late Mrs. Lorene Hobbs and the father of four outstanding children, Van, Penny, Terry, and Mary Ellen.
PART III".
By inserting following line 34 of page 1 the following:
"BE IT FURTHER RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Georgia Highway 520 Business beginning at U. S. Highway 27-280 west of Cusseta and going through the City of Cusseta and south to the intersection of U. S. Highway 27-280 is designated the Hubert Ervin 'H. E.' Hobbs Highway."
By striking "this designation" and inserting in lieu thereof "these designations" on line 3 of page 2, by striking "copy" and inserting in lieu thereof "copies" on line 6 of page 2, and by adding "and to the family of Hubert Ervin 'H. E.' Hobbs" preceding the period on line 7 of page 2.
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 YAahe Y Bailey
Bannister YBarfoot Y Barnard Y Runes
Y Bates Y Benefield
YBirdsong YBohannon Y Bordeaux Y Bradford Y Bnedlove
Y Bridges Y Brooks Y Brown EBuck Y Buckner
Bunn
Y Burkhalter YByrd Y Campbell
Canty YCash YChanneU
YChilders Y Clark YCoan Y Coleman, B YColeman, T
Cornell Y Cooper Y Crawford YCrews

Y Culbreth Y Cummings
Y Davis, G Y Davis, M EDay YDeLoach, B
YDoLoach, G Diz
YDizon YDobbs Y Dukes YEhrhart YEpps Y Evans YEverett Y Felton YPloyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hanunontree Y Manner Y Harbin Y Heard YHecht
Heckstall YHegstrom
Henson Holland Y Holmes
Y Houston Howard
YHudgens Y Hudson, H

Y Hudson, N YHugley
Ylrvin 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
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
Pinholster YPoag YPolak Y Ponder Y Porter Y PoweU YPurcell YRagas
YRandall YRay Y Reaves YReichert YRice Y Richardson
Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder Y Scarlett
Scheid Y Scott YShanahan YShaw
YSherrUl YShipp YSims
Sinkfield Y Skipper Y Smith, C
Smith, C.W
Y Smith, L

Y Smith, L.R
Y Smith, P Y Smith, T
Smith, V YSmyre
Snelling YSnow
Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Y Stephens Y Taylor ETeague YTeper Y Thomas YTillman Y Titus YTolbert
Trense YTurnquest 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
Worthan
Yates Murphy, Spkr

On the adoption of the Resolution, as amended, the ayes were 153, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HB 1410.

By Representative Barnes of the 33rd:
A bill to amend Chapter 35 of Title 31 of the Official Code of Georgia Annotated, relating to vaccinations for firefighters, emergency medical technicians, and public safety officers, so as to add provisions relating to hepatitis C. protection.

1520

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 35 of Title 31 of the Official Code of Georgia Annotated, relating to vaccinations for firefighters, emergency medical technicians, and public safety officers, so as to add provisions relating to hepatitis C protection; 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 35 of Title 31 of the Official Code of Georgia Annotated, relating to vaccinations for firefighters, emergency medical technicians, and public safety officers, is amended by striking Code Section 31-35-1, relating to legislative findings, and inserting in lieu thereof a new Code section to read as follows:
"31-35-1.
The General Assembly finds and declares that, by reason of their employment, firefighters, emergency medical technicians, and public safety officers are required to work in the midst of and are subject to exposure to infectious diseases, especially hepatitis B and hepatitis C; that the United States Centers for Disease Control have estimated that 200,000 persons in the United States are infected each year with hepatitis B and of that number 25 percent become ill, 10,000 require hospitalization, and 5,000 die; that it is estimated that there are from 500,000 to 1,000,000 infectious hepatitis B carriers in the United States, of which up to 80 percent of such chronic carriers are unaware that they have hepatitis B and are capable of spreading it; that 3.9 million Americans are infected with chronic hepatitis C; that 350.000 to 450.000 new cases of chronic hepatitis C occur each year; that there is no known cure for hepatitis B or hepatitis C and for firefighters, emergency medical technicians, and public safety officers, there is no way of knowing who among those being helped at an accident^ er a fiiet or any incident is ft are hepatitis B or hepatitis C carriers comer. The General Assembly further finds and declares that all the aforementioned conditions exist and arise out of or in the course of such employment."
SECTION 2. Said chapter is further amended by striking Code Section 31-35-3, relating to voluntary vaccinations for hepatitis B, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section to read as follows:
"31-35-3.
Any active firelighter, emergency medical technician, or public safety officer who may be exposed to hepatitis B or hepatitis C during a period while the firefighter, emergency medical technician, or public safety officer is engaged in the performance of his or her duties shall be vaccinated at the request of the firefighter, emergency medical technician, or public safety officer be vaccinated for protection against hepatitis B or screened for exposure to hepatitis C. The cost, after the payment by any third forty payef thirdparty payor, of such vaccination or screening shall be paid by the county, municipality, or other person or entity employing such firefighter, emergency medical technician, or public safety officer or by the governing authority of the county in the case of a volunteer firefighter."
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.

FRIDAY, MARCH 6, 1998

1521

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
YAndenon Ashe
Y Bailey Y Bannister YBarfoot Y Barnard YBanus Y Bates
YBenefield YBirdsong Y Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown EBuck
YBuckner YBunn Y Burkhalter YByrd Y Campbell
Canty YCash Y Channel! YChildera Y Clark YCoan YColeman, B YColeman,T Y Cornell Y Cooper Y Crawford Y Crews

Y Culbreth Y Cummings Y Davis, G Y Davis, M EDay
YDeLoach,B YDeLoach,G YDfc YDizon 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 YHegatrom YHenson
Y Holland YHobnea Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin Y Jackson Y James Y Jamieson
Jenkins Johnson Y Johnston
Jones Y Joyce
Kaye 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 Y Mills Y Mobley YMosley Y Mueller YO-Neal YOrrock YParham

YParrish Y Parsons YPelote
Y Perry Pinholster
YPoag YPolak
Ponder Y Porter YPowell YPurceU YRagas
Randall YRay Y Reaves YReichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders YSauder
YScarlett Scheid
Y Scott YShanahan YShaw YSherriU YShipp YSims
Sinkfield Y Skipper
Y Smith, C Smith, C.W Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre YSnelling
Snow StaUings YStancil, F Y Stancil, S Y Stanley, L Y Stanley, P Stephens Y Taylot ETeague YTeper Y Thomas Y TiUman Y Titus YTolbert 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

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

HB 1639.

By Representatives Cooper of the Slat, 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 psychological evaluation and consideration of the entire criminal record of an offender before sentencing for a conviction of stalking or aggravated stalking.

The following Committee substitute was read and adopted:

A BILL
To amend Article 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to stalking, so as to change a definition; to change the penalties for stalking and aggravated stalking; to provide for psychological evaluation and consideration of the entire criminal record of an offender before sentencing for a conviction of stalking or aggravated stalking; to authorize permanent restraining orders; to authorize an order for psychological treatment as a part of sentence or as a condition for stay or suspension of sentence or for

1522

JOURNAL OF THE HOUSE,

probation; to provide that conduct constituting stalking which is a violation of a permanent restraining order or a permanent protective order shall constitute the offense of aggravated stalking; to provide for issuance and enforcement of restraining orders, protective orders, and the approval of consent orders to prevent a recurrence of stalking; to provide for jurisdiction, petitions, hearings, procedures, forms for petitions and pleadings, and contents of such orders; to provide for temporary ex parte relief and converting temporary orders to permanent orders; to provide that such orders are supplemental remedies; 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 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to stalking, is amended by striking in their entirety subsections (a) and (c) of Code Section 16-5-90, relating to the offense of stalking, and inserting in their place the following:
"(a) A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. For the purpose of this article, the term 'place or places' shall include any public or private property occupied by the victim other than the residence of the defendant. For the purposes of this article, the term 'harassing and intimidating' means a knowing and willful course of conduct directed at a specific person which causes emotional distress by placing such person in reasonable fear ef death er bodily harm te himself- or herself- er te for such person's safety or the safety of a member of his or her immediate family, b_ establishing a pattern of harassing and intimidating behavior, and which serves no legitimate purpose. This Code section shall not be construed to require that an overt threat of death or bodily injury has been made." "(c) Upon the second conviction, and all subsequent convictions, for stalking, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five ten years. (d) Before sentencing a defendant for any conviction of stalking under this Code section or aggravated stalking under Code Section 16-5-91, the sentencing judge may require psychological evaluation of the offender and shall consider the entire criminal record of the offender. At the time of sentencing, the judge is authorized to issue a permanent restraining order against the offender to protect the person stalked and the members of such person's immediate family, and the judge is authorized to require psychological treatment of the offender as a part of the sentence, or as a condition for suspension or stay of sentence, or for probation."
SECTION 2. Said article is further amended by striking in its entirety Code Section 16-5-91, relating to aggravated stalking, and inserting in its place the following:
"16-5-91.
(a) A person commits the offense of aggravated stalking when such person, in violation of a bond to keep the peace posted pursuant to Code Section 17-6-110, temporary restraining order, temporary protective order, permanent restraining order, permanent protective order, preliminary injunction, or permanent injunction or condition of pretrial release, condition of probation, or condition of parole in effect prohibiting the behavior described in this subsection, follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. (b) Any person convicted of a violation of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than live ten years and by a fine of not more than $10,000.00. The provisions of subsection (d) of Code Section 16-5-90 apply to sentencing for conviction of aggravated stalking."

FRIDAY, MARCH 6, 1998

1523

SECTION 3. Said article is further amended by inserting a new Code section to be designated Code Section 16-5-94, to read as follows:
"16-5-94.
(a) A person who is not a minor who alleges stalking by another person may seek a restraining order by filing a petition alleging conduct constituting stalking as defined in Code Section 16-5-90. A person who is not a minor may also seek relief on behalf of a minor by filing such a petition. (b) Jurisdiction for such a petition shall be the same as for family violence petitions as set out in Code Section 19-13-2. (c) Upon the filing of a verified petition in which the petitioner alleges with specific facts that probable cause exists to establish that stalking by the respondent has occurred in the past and may occur in the future, the court may order such temporary relief ex parte as it deems necessary to protect the petitioner or a minor of the household from stalking. If the court issues an ex parte order, a copy of the order shall be immediately furnished to the petitioner. (d) The court may grant a protective order or approve a consent agreement to bring about a cessation of conduct constituting stalking. Orders or agreements may:
(1) Direct a party to refrain from such conduct; (2) Order a party to refrain from harassing or interfering with the other; (3) Award costs and attorney's fees to either party; and (4) Order either or all parties to receive appropriate psychiatric or psychological services as a further measure to prevent the recurrence of stalking. (e) The provisions of subsections (c) and (d) of Code Section 19-13-3, subsections (b), (c), and (d) of Code Section 19-3-4, and Code Section 19-3-5, relating to family violence petitions, shall apply to petitions filed pursuant to this Code section, except that the clerk of court may provide forms for petitions and pleadings to persons alleging conduct constituting stalking and to any other person designated by the superior court pursuant to this Code section as authorized to advise persons alleging conduct constituting stalking on filling out and filing such petitions and pleadings."
SECTION 4. This Act shall become effective on July 1, 1998, and shall apply to conduct occurring or allegedly occurring on or after such date.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien Y Andereon YAahe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown

E Buck Y Buckner YBunn Y Burkhelter 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 Y Crews

Y Culbreth Y Cummings Y Davis, G Y Davin, M E Day Y DeLoach, B Y DeLoach, G Y Dix Y Diion Y Dobbs
Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd N Franklin

Y Golden 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
Howard Y Hudgens Y Hudson, H

Y Hudson, N Y Hugley Y Irvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnrton Y Jones N Joyce Y Kaye Y Ladd Y Lakly Y Lane Y Lee Y Lewis Y Lord

1524

JOURNAL OF THE HOUSE,

Y Lucas YMaddox YMann Y Manning Y Martin, J Y Martin, JX
YMassey YMcBee YMcCaU YMcClinton YMcKinney YMills
Y Mobley YMoaley YMueller YO-Neal YOrrock YParham

YParrish Y Parsons YPelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter YPoweU YPurceU YRagas YRandaU 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 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* YStancU, F
Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taytor ETeague YTeper Y Thomas Y Tillman

Y Titus YTolbert YTrense YTurnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland YWhitaker Y Wiles
Williams, B Williams, J Y Williams, R Y Worthan Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 164, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Dukes of the 161st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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.

Representative Lee of the 94th moved the previous question. On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Andenon
YAsbe Y Bailey E Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield
YBirdsong NBobannon N Bordeaux Y Bradford N Bnedlove N Bridges Y Brooks N Brown
EBuck YBuckner NBunn
N Burkhalter YByrd N Campbell
Canty NCash YChannell Y Childers N Clark NCoan

Y Coleman B Y Coleman, T Y Cornell Y Cooper YCrawford Y Crews YCulbreth
Cummings Y Davis, G Y Davis, M EDay
Y DeLoach, B NDeLoach, G NDix YDixon YOobbs Y Dukes YEhrhart
YEpps Y Evans YEveratt Y Felton YFloyd N Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree Y Banner

Y Harbin Y Heard
Hecht YHeckstall YHegstrom YHenson
Y Holland Y Holmes Y Houston Y Howard NHudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin N Jackson Y James Y Jamieson
Jenkins Johnson
N Johnston N Jones N Joyce NKaye NLadd NLakly YLane YLee Y Lewis YLord

Y Lucas Maddox
NMann Y Manning Y Martin, J Y Martin, J.L NMassey
McBee McCall Y McClinton McKinney N Mills
Y Mobley Y Mosley NMueller YO'Neal YOrrock YParham YParrish
Y Parsons Y Pelote Y Perry
N Pinholster YPoag YPolak
Ponder Y Porter
Powell YPurcell
Ragas

YRandaU Ray
Y Reaves YReichert NRice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder YScarlett NScheid N Scott
Shanahan YShaw
YSherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W
Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T N Smith, V
Smyre NSneUing

FRIDAY, MARCH 6, 1998

1525

YSnow Y StaUings YStancU, F NStancil, S Y Stanley, L Y Stanley, P

Stephens Y Taylor ETeague YTeper Y Thomas YTUlman

Y Titus YTolbert NTrense
Turaqueat Y Walker, L

Y Walker, R.L Y Watson YWert N Westmorland
Whitaker Y Wiles

Y Williams, B Williams, J
Y Williams, R Worthan
NYatei Murphy, Spin

On the motion, the ayes were 117, nays 38. The motion prevailed.

The following Committee substitute was read:

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; to provide for the remittance of the increase in the real estate transfer tax to the Land, Water, Wildlife, and Recreation Heritage Fund created by Article 10 of Chapter 3 of Title 12; to provide that such increased rate and remittance shall terminate on a certain date; to provide for a conditional effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to the real estate transfer tax, is amended by striking in its entirety Code Section 48-6-1, relating to the transfer tax rate, and inserting in lieu thereof a new Code Section 48-6-1 to read as follows:
"48-6-1.
(a) There is imposed a tax at the rte ef- $1.00 for the first $1,000.00 or fractional part
$100.00 on each deed, instrument, or other writing by which any lands, tenements, or other realty sold is granted, assigned, transferred, or otherwise conveyed to or vested in the purchaser or purchasers, or any other person or persons by his or then- direction, when the consideration or value of the interest or property conveyed (exclusive of the value of any lien or encumbrance existing prior to the sale and not removed by the sale) exceeds $100.00. (b) For the period of time beginning on January 1, 1999. and ending on December 31. 2002. the tax shall be imposed at the rate of $2.00 for the first $1.000.00 or fractional part of $1,000.00 and at the rate of 20t; for each additional $100.00 or fractional part of $100.00 on each such deed, instrument, or writing. (c) On and after January 1, 2003, the tax shall be imposed at the rate of $1.00 for the first $1.000.00 or fractional part of $1.000.00 and at the rate of 10t; for each additional $100.00 or fractional part of $100.00. (d) Only with respect to the proceeds of taxes imposed during the period of time beginning on January 1^ 1999, and ending on December 31, 2002, and not with respect to the proceeds of taxes imposed prior to or after that period of time, one-half of the proceeds of the tax imposed under subsection (b) of this Code section shall be collected and remitted to the Land. Water. Wildlife, and Recreation Heritage Fund created hi accordance with Article III, Section IX, Paragraph VI of the Constitution and Article 10 of Chapter 3 of Title 12. The other half of such proceeds for such period of tune shall be distributed as provided in Code Section 48-6-8. Proceeds from all taxes imposed on or after January l^ 2003, shall be distributed as provided in Code Section 48-6-8."
SECTION 2. This Act shall become effective on January 1, 1999, upon ratification by the voters of this state at the 1998 November general election of that proposed amendment to Article III,

1526

JOURNAL OF THE HOUSE,

Section IX, Paragraph VI of the Constitution authorizing the General Assembly to provide for the creation of a Land, Water, Wildlife, and Recreation Heritage Fund and to provide for payments into the fund from a portion of moneys derived from the real estate transfer tax; provided, however, that if such amendment is not so ratified, this Act shall be null and void and shall stand repealed in its entirety.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Kaye of the 37th moves to amend the Committee substitute to HB 1551 as follows:
Page 2 line 1 replace "2.00" with "1.00"
Line 2 replace "20" with "10<t"
Insert on line 3 after the second "$100.00"
"up to $100,000 and at the rate of 20*; for each additional $100.00 or fractional part of $100.00".

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

N Alien
N Andenon NAihe N Bailey E Bannister NBarfoot Y Barnard YBarnes
N Bates NBenefield YBirdsong YBonannon N Bordeaux N Bradford Y Breedlove
Y Bridges N Brooks Y Brown
EBuck N Buckner
YBunn YBurkbalter NByrd Y Campbell N Canty YCash N Channel! N Guilders N Clark YCoan Y Coleman, B
NColeman, T N Cornell
N Cooper YCrawford Y Crews

N Culbreth N Cummings N Da , G Y Davis, M EDay Y DeLoach, B
YDeLoach, G YDix NDixon NDobbs N Dukes NEhrhart NEpps N Evans
Everett N Felton NFloyd Y Franklin N Golden N Graves NGreene YGrindley Y Hanunontree N Banner Y Harbin N Heard
Hecht NHeckstall
NHegstrom NHenson N Holland N Holmes N Houston N Howard
YHudgens N Hudson, H

N Hudson, N N Hugley Nlrvin N Jackson N James N Jamieson YJenkins
Johnson Y Johnston
Jones Y Joyce YKaye YLadd YLakly NLane NLee Y Lewis NLord N Lucas NMaddox YMann N Manning N Martin, J N Martin, J.L NMassey NMcBee NMcCall N McClinton YMcKinney Y Mills N Mobley NMosley Y Mueller NO'Neal NOrrock N Parham

NParrish N Parsons N Pelote N Perry Y Pmholater YPoag NPolak N Ponder N Porter NPowell NPurcell NRagas NRandall
Ray N Reaves NReichert YRice N Richardson N Roberts
Rogers N Royal Y Sanders NSauder NScarlett Y Scheid Y Scott
NShaw NSherrill NShipp NSims NSinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 51, nays 115. The amendment was lost.

N Smith, L.R N Smith, P
Smith, T Y Smith, V NSmyre YSnelling NSnow NStallings NStancil, F Y Stancil,S N Stanley, L N Stanley, P
Stephens N Taylor ETeague NTeper N Thomas NTilhnan N Titus NTolbert YTrense NTumquest NTwiggs N Walker, L Y Walker, R.L N Watson
West Y Westmoreland NWhitaker N Wiles N Williams, B Y Williams, J N Williams, R YWorthan YYates
Murphy, Spkr

FRIDAY, MARCH 6, 1998

1527

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 "nay" thereon.

The following amendment was read:
Representative Breedlove of the 85th moves to amend the Committee substitute to HB 1551 as follows: Page 2 (d) strike all lines 9 thru 22 Replace new (d)
All new monies collected shall be spent in the county in which it is raised.

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

N Alien
N Anderaon NAshe N Bailey E Bannister NBarfoot N Barnard NBarnes N Bates N Benefield YBirdsong Y Bohannon N Bordeaux Y Bradford Y Breedlove Y Bridges N Brooks Y Brown EBuck N Buckner YBunn Y Burkhalter NByrd Y Campbell N Canty YCash N Channel! NChilders Y Clark YCoan Y Coleman, B
N Coleman, T NConnell N Cooper N Crawford Y Crews

Y Culbreth N CununiiiKB
N Davis, G Davis, M
EDay NDeLoach, B Y DeLoach, G YDii NDiion NDobbs N Dukes YEhrhart NEpps Y Evans N Everett Y Felton NFloyd Y Franklin
N Golden N Graves NGreene Y Grindley Y Hammontree NHanner Y Harbin N Heard
Hecht NHeckstall NHegstrom NHenson N Holland N Holmes N Houston N Howard YHudgens N Hudson, H

N Hudson, N NHugley NIrvin 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
Y Manning
N Martin, J N Martin, J.L
YMassey NMcBee NMcCall N McClinton
YMcKinney Y Mills N Mobley N Mosley Y Mueller NO'Neal
NOrrock NParham

NParrish N Parsons N Pelote N Perry Y Pinholster NPoag NPolak N Ponder N Porter
Powell NPurcell NRagas NRandall
Ray N Reaves N Reichert
YRice Y Richardson N Roberts
Y Rogers N Royal
Y Sanders Y Sauder Y Scarlett Y Scheid N Scott N Sh&nflhfln NShaw N SherrUl 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 59, nays 109. The amendment was lost.

Y Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre YSnelling NSnow NStallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P
Stephens N Taylor ETeague NTeper
N Thomas NTOlman
N Titus Y Tolbert YTrense N Turnquest NTwiggs N Walker, L Y Walker, R.L N Watson NWest Y Westmorland Y Whitaker N Wiles N Williams, B Y Williams, J N Williams, R Y Worthan
YYates Murphy, Spkr

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 "nay" thereon.

The following amendment was read:

Representatives Davis of the 60th, Bunn of the 74th, Smith of the 102nd, Kaye of the 37th and Mann of the 5th move to amend the Committee substitute to HB 1551 by striking all matter beginning with line 1 of page 1 and ending with line 22 of page 2 and inserting

1528

JOURNAL OF THE HOUSE,

in lieu thereof the following: "To amend Code Section 48-5-8, relating to the state ad valorem tax levy, so as to provide that the proceeds of the state ad valorem tax levy shall be paid to the Land, Water, Wildlife, and Recreation Heritage Fund; to provide for related matters; to provide for a conditional effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 48-5-8, relating to the state ad valorem tax levy, is amended by designating the existing text of the Code section as subsection (a) and by adding thereafter a new subsection (b) to read as follows:
'(b) With respect to any state ad valorem tax levied on or after July 1, 1999, the proceeds of the tax shall be collected and remitted to the Land, Water, Wildlife, and Recreation Heritage Fund created in accordance with Article III, Section IX, Paragraph VI of the Constitution and Article 10 of Chapter 3 of Title 12.'"
By striking lines 30 and 31 of page 2 and inserting in lieu thereof the following:
"to provide for payments into the fund from the state ad valorem tax levy; provided,".

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

N Alien NAndenon
NAshe N Bailey E Bannister NBarfoot N Barnard NBarnes N Bates NBenefield NBirdsong YBohannon N Bordeaux
Y Bradford YBreedtove Y Bridges
N Brooks Y Brown EBuck NBuckner YBunn N Burkhalter NByrd N Campbell N Canty YCaah N Channel! N Childen Y Clark
YCoan YColeman, B NColeman, T
NConnell N Cooper N Crawford YCrews

N Culbreth N CummincB
NDavis, G Y Davis, M EDay N DeLoach, B
YDeLoach, G YDii NDizon NDobbe N Dukes YEhrhart NEpps Y Evans
Everett N Felton NFloyd Y Franklin N Golden Y Graves NGreene Y Grindley Y Hanunontree N Banner N Harbin N Heard
Hecfat N Heckstall NHegstrom NHenson N Holland N Holmes N Houston N Howard YHudgens N Hudson, H

N Hudson, N N Hugley NIrvin N Jackson N James N Jamieson NJenkins
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 YMassey NMcBee NMcCall N McClinton N McKinney Y Mills N Mobley NMoeley YMueller NO'Neal NOrrock NParham

NParrish N Parsons N Pelote N Perry Y Pinholster YPoag NPolak N Ponder N Porter N Powell NPurcell NRagas NRandaU
Ray N Reaves N Reichert YRice Y Richardson N Roberts N Rogers N Royal Y Sanders NSauder N Scarlett Y Scheid N Scott NShanahan 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 N Smith, T Y Smith, V NSmyre YSnelling NSnow NStallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P
Stephens N Taylor ETeague NTeper N Thomas NTilhnan N Titus N Tolbert NTrense N Tumquest NTwiggs N Walker, L Y Walker, R.L N Watson NWest Y Westmorland N Whitaker N Wiles N Williams, B Y Williams, J N Williams, R N Worthan YYates
Murphy, Spkr

On the adoption of the amendment, the ayes were 46, nays 123. The amendment was lost.

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 "nay" thereon.

FRIDAY, MARCH 6, 1998

1529

The following amendment was read:
Representatives Ladd of the 59th, Crawford of the 129th, Smith of the 103rd, Stencil of the 16th and Manning of the 32nd move to amend the Committee substitute to HB 1551 by striking "$100.00;" and inserting in its place "$100.00 with respect to certain real property;" on line 6 of page 1.
By striking line 33 of page 1 through line 4 of page 2 and inserting in their place the following:
"(b)(l) For the period of time beginning on January l^ 1999, and ending on December 31, 2002, with respect to any real property which did not qualify for or receive a homestead exemption immediately prior to the transfer with respect to which the real estate transfer tax is to be imposed, the tax shall be imposed at the rate of $2.00 for the first $1,000.00 or fractional part of $1.000.00 and at the rate of 20< for each additional $100.00 or fractional part of $100.00 on each such deed, instrument, or writing.
(2) For the period of time beginning on January 1, 1999. and ending on December 31, 2002, with respect to any real property which qualified for and received a homestead exemption immediately prior to the transfer with respect to which the real estate transfer tax is to be imposed, the tax shall be imposed at the rate of $1.00 for the first $1,000.00 or fractional part of $1.000.00 and at the rate of lOt for each additional $100.00 or fractional part of $100.00 on each such deed, instrument, or writing."
By striking the underscored semicolons on lines 2 and 7 of page 2.
By striking "imposed" and inserting in its place "imposed under paragraph (1) of subsection (b) of this Code section" on line 9 of page 2.
By striking "under" and inserting in its place "under paragraph (1) of" on line 14 of page 2.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien NAndenon
NAshe N Bailey E Bannister NBarfoot Y Barnard YBarnes N Bates NBenefield NBirdsong Y Boluuwon N Bordeaux Y Bradford Y Breedlove Y Bridges N Brooks Y Brown KBuck Y Buckner YBunn NBurkhalter
NByrd N Campbell N Canty YCash NChannell N Guilders Y Clark YCoan YColeman, B N Coleman, T

NConnell Y Cooper Y Crawford Y Crews Y Culbreth N CummingB NDavis, G Y Davis, M EDay YDeLoach, B Y DeLoach, G YDii NDiion NDobbs N Dukes YEhrhart
NEpps Y Evans
Everett
N Felton NFloyd Y Franklin N Golden Y Graves NGreene YGrindley Y Hanunontree N Manner Y Harbin N Heard
Hecht NHeckstall

N Hegstrom NHenson N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, H N Hudson, N
N Hugley Nlrvin Y Jackson
N James N Jamieson YJeniins
Johnson Y Johnston
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 NMcCall N McClinton
YMcKinney YMills N Mobley NMosley Y MueUer
NO'Neal NOrrock NParham
NParrish N Parsons N Pelote Y Perry Y Pinholster YPoag NPolak
N Ponder N Porter NPowell NPurceU NRagas NRandall
Ray N Reaves N Reichert YRice Y Richardson N Roberts Y Rogers

N Royal Y Sanders
Y Sauder YScarlett YScheid Y Scott N Shanahan NShaw NSherrill NShipp NSims 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 NStallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P
Stephens N Taylor ETeague
NTeper

1530

JOURNAL OF THE HOUSE,

N Thomas NTillman N Titus NTolbert

NTrense N Turnquest NTwiggs N Walker, L

Y Walker, R.L N Watson NWest Y Westmoreland

NWhitaker N Wiles N Williams, B Y Williams, J

On the adoption of the amendment, the ayes were 65, nays 104. The amendment was lost.

N Williams, R YWorthan YYates
Murphy, Spkr

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 "nay" thereon.

The following amendment was read:
Representatives Irvin of the 45th and Porter of the 143rd move to amend the Committee substitute to HB 1551 as follows:
By adding after line 22, page 2, the following:
(e) The tax imposed by subsection (b) may be renewed for successive periods of six years, but only by an Act of the General Assembly approved by a referendum of the people in a general election, for each six-year renewal period. In the event of such a renewal, the years 2002 and 2003 contained in subsection (c) and (d) shall be deemed to be changed so as to coincide with the end of such six-year renewal period.

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

Y Alien Y Anderaon
YAshe Y Bailey E Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield
YBirdsong YBohannon
Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown EBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Y Canty YCash Y Channel!
Y Childere Y Clark YCoan Y Coleman, B Y Coleman, T
YConnell Y Cooper Y Crawford Y Crews

Y Culbreth Y CuniininKB
Y Davis, G Y Davis, M EDay Y DeLoach, B Y DeLoach, G YDii YDiion YDobbs Y Dukes YEhrhart
YEpps Y Evans
Everett
Y Felton YFloyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree YHanner Y Harbin
Y Heard Hecht
YHeckstaU
Y Hegstrom 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 Jankins
Johnson Y Johnston
Y Jones Y Joyce
Kaye YLadd YLakly YLane YLee Y Lewis YLord
Y Lucas Y Maddoi Y Mann
Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee
McCall McClinton Y McKinney YMUls
Y Mobley YMosley Y Mueller YCVNeal YOrrock YParham

YParrish Y Parsons
Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder
Y Porter Y Powell YPurcell YRagas YRandall
Ray 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 YSherrill
YShipp YSims Y Sinkfield Y Skipper Y Smith, C
Y Smith, C.W Y Smith, L

On the adoption of the amendment, the ayes were 166, nays 0. The amendment was adopted.

Y Smith, L.R Y Smith, P
Y Smith, T Y Smith, V YSmyre YSnelling YSnow Y Stallings Y Stancil, F
Y Stancil, S Y Stanley, L Y Stanley, P
Stephens Y Taylor ETeague YTeper Y Thomas YTillman 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

FRIDAY, MARCH 6, 1998

1531

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 Committee substitute, as amended, was adopted.

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

Y Alien Y Andersen
YAshe Y Bailey E Bannister
YBarfoot N Barnard
NBarnes Y Bates Y Benefield NBirdsong
NBohannon Y Bordeaux Y Bradford NBreedlove Y Bridges Y Brooks Y Brown EBuck Y Buckner N Bunn
N Burkhalter YByrd N Campbell Y Canty YCash
Y Channell Y Childers Y Clark NCoan Y Coleman, B YColeman, T Y Council Y Cooper N Crawford N Crews

N Culbreth Y CummingB Y Davis, G N Davis, M EDay N DeLoach, B N DeLoach, G NDix YDixon YDobbs Y Dukes NEhrhart YEpps N Evans
Y Felton YFloyd N Franklin Y Golden Y Graves YGreene N Grindley N Hanunontree Y Manner N Harbin Y Heard
Hecht Y Heckstall YHegstrom YHenson Y Holland Y Holmes Y Houston Y Howard N Hudgens Y Hudson, H

Y Hudson, N Y Hugley 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 Maddox NMann N Manning Y Martin, J Y Martin, J.L NMassey YMcBee
McCall Y McClinton N McKinney N Mills Y Mobley YMosley Y Mueller YO'Neal YOrrock YParham

YParrish Y Parsons Y Pelote N Perry Y Pinholster NPoag YPolak Y Ponder Y Porter
Powell YPurceU YRagas YRandall
Ray Y Reaves Y Reichert NRice Y Richardson Y Roberts N Rogers Y Royal N Sanders N Sauder Y Scarlet* NScheid N 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, P Y Smith, T N Smith, V YSmyre N Snelling YSnow YStallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P
Stephens Y Taylor ETeague YTeper Y Thomas Y Tilhnan Y Titus NTolbert YTrense Y Tumquest YTwiggs Y Walker, L N Walker, R.L Y Watson YWest N Westmoreland Y Whitaker Y Wiles Y Williams, B N Williams, J Y Williams, R N Worthan
Yates Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 116, nays 51.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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 "nay" thereon.

Due to a mechanical malfunction, the vote of Representative Yates of the 106th was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Cash of the 108th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

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 generally, 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 common areas of such project, except in certain circumstances.

1532

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:
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 generally, so as to authorize housing authorities to prohibit certain nonresidents reasonably suspected of a criminal act on the premises of a housing project from entering, loitering, or remaining upon the common areas of such project; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to powers of housing authorities generally, is amended by adding at the end thereof a new Code Section 8-3-36 to read as follows:
"8-3-36.
Any housing authority created pursuant to this article, acting through its director or his or her designee, is authorized to prohibit, without breaching the peace, any person who is reasonably suspected of committing a criminal act on the premises of a housing project and who is not a resident of said project from entering, loitering, or remaining upon the common areas of such project."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Andenon
YAshe
E Bailey E Bannister YBarfoot
Barnard YBarnes Y Bates YBenefield YBirdsong
Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges N Brooks Y Brown
EBuck YBuckner
YBunn YBurkhalter
YByrd Y Campbell Y Canty YCash Y Channel! YChilders
Y Clark YCoan
Coleman, B Y Coleman, T
Connell Y Cooper Y Crawford Y Crews

Y Culbreth Y Cummings N Davis, G Y Davis, M EDay YDeLoach, B YDeLoach, G
Diz
Dizon YDobbs N Dukes YEhrhart YEpps Y Evans YEverett
Felton YFloyd Y Franklin Y Golden Y Graves
Greene YGrindley Y Hammontree
Hanner Y Harbin
Y Heard YHecht YHeckstaU YHegstrom YHenson Y Holland
Y Holmes Y Houston
Howard YHudgens
Y Hudson, H

Y Hudson, N YHugley Ylrvin Y Jackson Y James YJamieson YJenkins
Johnson
Y Johnston Y Jones N Joyce YKaye YLadd
Lakly YLane YLee Y Lewis YLord N Lucas YMaddoi YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee
McCall
Y McClinton Y McKinney YMills N Mobley YMosley Y Mueller
O'Neal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry
Pinholster
YPoag YPolak Y Ponder Y Porter
Powell YPureell YRagas YRandall
Ray Y Reaves YReicfaert YRice Y Richardson
Y Roberts Y Rogers Y Royal
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
Smith, V YSmyre YSnelling
Snow YStafflngs
Stancil.F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens YTaylor ETeague YTeper
Y Thomas Y Tilhnan Y Titus
YTolbert YTrense YTurnquest YTwiggs Y Walker, L
Walker, R.L Y Watson YWest
Y Westmorland YWhitaker Y Wiles
Williams, B Y Williams, J Y Williams, R YWorthan
Yates Murphy, Spkr

FRIDAY, MARCH 6, 1998

1533

On the passage of the Bill, by substitute, the ayes were 143, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Powell of the 23rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye"
thereon.

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

1534

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.

The following Resolutions of the House were read and adopted:

HR 1253. By Representatives Childers of the 13th, Smith of the 12th and Perry of the llth:
A resolution expressing regret at the passing of June Frost.

HR 1254. By Representatives Connell of the 115th, Howard of the 118th, DeLoach of the 119th, Anderson of the 116th, Williams of the 114th and others:
A resolution commending Judge Tree W. Pope.

HR 1255. By Representative Ashe of the 46th: A resolution commending Dr. Bynum Perkins.

HR 1256. By Representatives Royal of the 164th, Murphy of the 18th, Connell of the 115th, Walker of the 141st, Skipper of the 137th and others:
A resolution commending Robert Lee Izlar.

HR 1257. By Representatives Buckner of the 95th and Greene of the 158th: A resolution commending Charles "Ed" Holcomb.

HR 1258. By Representative Crawford of the 129th:
A resolution honoring the 50th anniversary of a magnificent athletic achievement by Hugh Frank Radcliffe.

HR 1259. By Representative Coan of the 82nd:
A resolution commending the Collins Hill High School boys basketball team, the Eagles.

HR 1260. By Representative Coleman of the 142nd: A resolution commending Mr. S.C. Cadwell.

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

HB 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 Annotated, relating to chemical tests, implied consent notices, rights of motorists, test results, refusal to submit, suspension or denial, hearing and review, compensation 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.

FRIDAY, MARCH 6, 1998

1535

The following Committee substitute was read:

A BILL
To amend Code Section 40-5-67.1 of the Official Code of Georgia Annotated, relating to chemical tests, implied consent notices, rights of motorists, test results, refusal to submit, suspension or denial, hearing and review, compensation 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; to change the provisions relating to which test or tests a law enforcement officer may designate and have administered to certain persons suspected of violating Code Section 40-6-391 or similar federal laws or local ordinances; to change certain provisions relating to implied consent notices; to repeal certain provisions relating to the applicability of certain statutes; to provide for legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds and declares that persons driving motor vehicles on public roads while under the influence of alcohol or drugs or while having an unlawful alcohol concentration has been and remains a serious and deadly problem in this state and requires the diligent and utmost efforts of law enforcement officials to apprehend and prosecute persons committing such violations. The General Assembly further finds that a law enforcement officer should be allowed to initially require a combination of tests and should subsequently be allowed to require additional tests of any substance not initially tested. The General Assembly further finds and declares that while suspects in such cases should be informed of their rights regarding the administration of chemical testing, no such suspect is entitled to a notice which tracks the exact language of the implied consent statute, so long as the substance of the notice remains unchanged.
SECTION 2. Code Section 40-5-67.1 of the Official Code of Georgia Annotated, relating to chemical tests, implied consent notices, rights of motorists, test results, refusal to submit, suspension or denial, hearing and review, compensation of officers, and inspection and certification of breath-testing instruments, is amended by striking subsections (a), (b), and (b.l) and inserting in lieu thereof the following:
"(a) The test or tests required under Code Section 40-5-55 shall be administered as soon as possible at the request of a law enforcement officer having reasonable grounds to believe that the person has been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391 and the officer has arrested such person for a violation of Code Section 40-6-391, any federal law in conformity with Code Section 40-6-391, or any local ordinance which adopts Code Section 40-6-391 by reference or the person has been involved in a traffic accident resulting in serious injuries or fatalities. Subject to Code Section 40-6-392, the requesting law enforcement officer shall designate which test shall be administered; provided that the officer shaU require e brcnth, blood, test or a bleed test aad may require a wine; e* Weed and rjne test initially and may subsequently require a test or tests of any substance not initially tested. (b) At the time a chemical test or tests are requested, the arresting officer shall select and read to the person the appropriate implied consent warning notice from the following:
(1) Implied consent notice for suspects under age 21: 'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing

1536

JOURNAL OF THE HOUSE,

and the results indicate an alcohol concentration of 0.02 grams or more, your Georgia driver's license or privilege to drive on the highways of this state will be suspended and, if you are convicted of having such an alcohol concentration, will be revoked. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?' (2) Implied consent notice for suspects age 21 or over: 'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.10 grams or more, your Georgia driver's license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?' (3) Implied consent notice for commercial motor vehicle driver suspects:
'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate the presence of any alcohol, you will be issued an out-of-service order and will be prohibited from operating a motor vehicle for 24 hours. If the results indicate an alcohol concentration of 0.04 grams or more, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?'
If any such notice is used by a law enforcement officer to advise a person of his or her rights regarding the administration of chemical testing, such person shall be deemed to have been properly advised of his or her rights under this Code section and under Code Section 40-6-392 and the results of any chemical test, or the refusal to submit to a test, shall be admitted into evidence against such person. Such notice shall be read in its entirety but need not be read exactly so long as the substance of the notice remains unchanged.
(b.l) Subacction <b> ef this ede section ahaH apply to any ease wherein -the request fet chemical testing k made regarding an effeese committed eft er after <Jtriy IT 1007. Sab-

WDlCn CflSC ulO9G pFOVlSlOHS Ox IOFH96F OOfzC OCCtlOOS 4UTM0TMO/.A CUlu 4U DTMo 7S
vnC Content Ox ulC HOuG& FGQUlPGu TO Q& 1VGH 0y W1C OIIICCI* tO UlC pCFSOxi
adminiotration ef chemical testing and governing the admissibility ef- evidence ef-results ef chemical testing er refusal to submit to chemical testing which were in effect at the time the offcnsc was committed shall apply;"
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

FRIDAY, MARCH 6,1998

1537

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Ehrhart of the 36th and Lee of the 94th move to amend the Committee substitute to HB 1378 as follows:
On page 2 line 23 after the word test add "or tests"
Line 27 change substance to "substances".

The Committee substitute, as amended, was adopted.

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

N Alien NAndenon YAshe E Bailey E Bannister
Barfoot Barnard
YBaroes Y Bates Y Benefield
Birdsong Y Bohannon N Bordeaux Y Bradford YBnedlove Y Bridget N Brooks Y Brown EBuck YBuckner YBunn Y Burkhalter
YByrd Y Campbell
Canty YCash Y Channel! Y Guilders
Y Clark YCoan
Coleman B Y Coleman, T Y Cornell
Cooper Y Crawford Y Crews

Y Culbreth Y Cummings
Davis, G Davis, M
EDay YDeLoach, B Y DeLoach, G
Dix YDiion YDobbe N Dukes Y Ehrhart YEpps Y Evans YEverett
Felton
YFloyd Y Franklin Y Golden Y Graves YGreene
Y Grindley Y Hammontree Y Banner
Harbin
N Heard YHecht YHeckstall N Hegstrom YHenson
Y Holland N Holmes Y Houston
Howard Hudgens Hudson, H

Y Hudson, N N Hugley Ylrvin
Jackson N James Y Jamieson Y Jenkins
Johnson Y Johnston Y Jones Y Joyce
YKaye YLadd
Lakly Lane YLee Y Lewis
YLord N Lucas N Maddoi YMann Y Manning
N Martin, J Y Martin, J.L
YMassey YMcBee YMcCall N McCUnton N McKinney Y Mills N Mobley
Y Mosley Y Mueller YO'Neal
Orrock YParham

YParrish Y Parsons NPelote Y Perry Y Pinholster
YPoag YPolak Y Ponder Y Porter YPowell YPurcell
NRagas NRandall
YRay Reaves
YReichert YRice Y Richardson
Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett YScheid 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 Y Smith, P Y Smith, T Y Smith, V YSmyre YSneUing
Snow YStallings
Y Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephens N Taylor ETeague NTeper
Thomas NTillman E Titus Y Tolbert YTrense N Turnquest YTwiggs Y Walker, L Y Walker, RL N Watson YWest Y Westmorland YWhitaker Y Wiles Y Williams, B
Y Williams, J Y Williams, R Y Worthan YYates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 123, nays 27.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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

1538

JOURNAL OF THE HOUSE,

HB 1774.

By Representative Byrd of the 170th:
A bill to amend Code Section 1-2-1 of the Official Code of Georgia Annotated, relating to classes of persons, so as to provide for the sexes of persons and the meaning of "gender".

The following substitute, offered by Representative Byrd of the 170th, was read and adopted:

A BILL
To amend Code Section 1-2-1 of the Official Code of Georgia Annotated, relating to classes of persons, so as to provide for the meaning of "gender" and "genders"; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 1-2-1 of the Official Code of Georgia Annotated, relating to classes of persons, is amended by striking that Code section and inserting in its place the following:
"1-2-1. (a) There are two classes of persons: natural and artificial. (b) As used in this Code, unless another meaning is expressly provided, the term 'gender' or 'genders' means the male and female sex. {b}(c) Corporations are artificial persons. They are creatures of the law and, except insofar as the law forbids it, they are subject to be changed, modified, or destroyed at the will of their creator."
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 YAnderson YAshe E Bailey E Bannister
Barfoot Barnard Barnes Y Bates YBenefield Birdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown EBuck YBuckner YBunn YBurkhalter YByrd Y Campbell Canty YCash Y Channel! YChilders

Y Clark Y Coan YColeman, B Y Coleman, T Y Connell
Cooper Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M E Day Y DeLoach, B Y DeLoach, G
Dii Y Dixon Y Dobbs Y Dukes Y Ehrhart Y Eppa Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves

Y Greene Y Grindley Y Hammontree
Manner Harbin Y Heard Y Hecht Y HeckstaU 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 Y Joyce Y Kaye

Y Ladd Y Lakly Y Lane Y Lee Y Lewis Y Lord Y Lucas Y Maddoi Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal
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
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 Suns Y Sinkfield

FRIDAY, MARCH 6, 1998

1539

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 Y Taylor ETeague YTeper
Thomas Y Tillman E Titus Y Tolbert

YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland

YWhitaker Y Wiles Y WilliamB, B Y 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.

Representative Perry of the llth moved that the House adjourn at 6:00 o'clock, P.M. this afternoon.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson
NAshe E Bailey B Bannister
Barfoot Barnard Barries N Bates YBenefield Birdsong YBohannon N Bordeaux
N Bradford Y Braedlove Y Bridges N Brooks Y Brown EBuck N Buckner YBunn Y Burkhalter Y Byrd N Campbell
Canty NCash N Channel! YChilders Y Clark YCoan NColeman, B
YColeman,T YConneU
Cooper Y Crawford N Crews

Y Culbreth N Cummings
Davis, G
N Davis, M EDay N DeLoach, B Y DeLoach, G NDix YDixon YDobbs Y Dukes
NEhrhart YKpps N Evans NEverett
Felton YFloyd N Franklin Y Golden N Graves NGreene N Grindley Y Hanunontree
Hanner Harbin Y Heard NHecht NHeckstall YHegstrom NHenson N Holland N Holmes N Houston Howard N Hudgens Y Hudson, H

Y Hudson, N N Hugley Nlrvin Y Jackson Y James Y Jamieson N Jenkins
Johnson N Johnston N Jones Y Joyce YKaye NLadd YLakly YLane YLee Y Lewis
Lord
N Lucas Y Maddox
Mann Y Manning
Y Martin, J Y Martin, J.L NMassey YMcBee NMcCall Y McClinton
McKinney
N Mills N Mobley Y Mosley N Mueller N O'Neal
Orrock YParham

On the motion, the ayes were 76, nays 79. The motion was lost.

YParrish N Parsons N Pelote
Y Perry N Pinholster
YPoag NPolak N Ponder N Porter N Powell NPuiceil NRagas NRandall YRay Y Reaves Y Reichert YRice N Richardson
Y Roberts N Rogers Y Royal
Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott NShanahan YShaw YSherrill YShipp
Sims
Y Sinkfield N Skipper N Smith, C N Smith, C.W Y Smith, L

N Smith, L.R Y Smith, P
N Smith, T Y Smith, V
NSmyre N Snelling
YSnow YStaUings N Stancil, F N Stancil, S N Stanley, L N Stanley, P Y Stephens Y Taylor ETeague NTeper
Thomas YTillman E Titus N Tolbert NTrense N Turnquest NTwiggs N Walker, L N Walker, R.L N Watson
N West Y Westmoreland
N Whitaker N Wiles N Williams, B N Williams, J Y Williams, R Y Worthan YYates
Murphy, Spkr

HB 244. By Representative Smith of the 175th:
A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, so as to provide for grants for lengthening the school year and the conditions and procedures relating thereto.

The following amendment was read and adopted:

1540

JOURNAL OF THE HOUSE,

The Committee on Education moves to amend HB 244 by striking "to provide for an effective date;" on lines 5 and 6 of page 1. By striking "a pilot project" and inserting "pilot projects" on line 15 of page 1.
By adding following the period on line 31 of page 1 the following: "Any such grant shall be made subject to the appropriation of funds by the General Assembly for the first fiscal year in which the grant is to begin."
By striking "2000" and inserting "2001" on line 23 of page 2.
By striking "1999" and inserting "2000" on line 25 of page 2.
By striking lines 26 and 27 of page 2. By striking "SECTION 3" and inserting "SECTION 2" on line 28 of page 2.

The following amendment was read:

Representative Crews of the 78th moves to amend HB 244 as follows:
On p. 2, line 18 after "received" insert:
"the application must also demonstrate that a majority vote of parents in the school or school system, applying for the grant approves the application."

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

Y Alien YAndenon
YAshe E Bailey E Bannister
Barfoot Barnard NBarnes Y Bates N Benefield YBirdsong YBohannon N Bordeaux
Y Bradford YBreedlove Y Bridges
N Brooks Y Brown EBuck YBuckner YBunn E Burkhalter
Byrd Y Campbell
Canty YCash N Channell
NChilders Y Clark
YCoan Y Coleman, B Y Coleman, T NConneU
Cooper Y Crawford Y Crews

N Culbreth N Cununings Y Davis, G N Davis, M EDay
N DeLoach, B YDeLoach, G YDii N Diion
YDobbs Y Dukes YEhrhart NEpps Y Evans Y Everett Y Felton NFloyd Y Franklin Y Golden Y Graves NGreene Y Grindley Y Hammontree N Manner
Harbin
N Heard NHecht NHeckstall NHegstrom NHenson Y Holland
Holmes N Houston
Howard YHudgens
N Hudson, H

N Hudson, N NHugley
Irvin Y Jackson
N James Jamieson
Y Jenkins Johnson
Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane
Lee Y Lewis
Lord N Lucas Y Maddoi
NMann Y Manning
Martin, J N Martin, J.L YMassey YMcBee YMcCall N McClinton
McKinney YMiUs
N Mobley NMoeley Y Mueller
NO'Neal Orrock
YParham

YParrish Y Parsons
Y Pelote Y Perry
Pinholster YPoag
Polak Ponder Y Porter Y Powell YPurcell
Y Rages NRandaU
Ray
Y Reaves Y Reichert
NRice Y Richardson N Roberts N Rogers N Royal Y Sanders YSauder NScarlett Y Scheid Y Scott
N Shanahan NShaw
NSherrill YShipp
NSims N Sinkfleld N Skipper N Smith, C
Smith, C.W Y Smith, L

On the adoption of the amendment, the ayes were 87, nays 59.

Y Smith, L.R N Smith, P
Smith, T Y Smith, V NSmyre NSnelling
YSnow NStaUings Y Stancil, F Y Stancil, S N Stanley, L N Stanley, P
Y Stephens N Taylor ETeague
NTeper Thomas
NTfflman E Titus NTolbert YTrense N Turnquest
Twiggs Walker, L Y Walker, R.L Watson
NWest Y Westmoreland YWhi taker
Y Wiles N Williams, B Y Williams, J Y Williams, R Y Worthan YYates
Murphy, Spkr

FRIDAY, MARCH 6, 1998

1541

The amendment was adopted.
Representative West of the 101st stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representative Smith of the 175th moved that the House reconsider its action in adopting the Crews amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Alien
YAnderaon NAshe E Bailey E Bannister YBarfoot
Barnard YBarnes
Y Bates N Benefield YBirdsong N Bohannon Y Bordeaux
N Bradford NBreedlove N Bridges Y Brooks N Brown EBuck NBuckner
NBunn E Burkhalter
Byrd N Campbell
Y Canty NCash YChanneU Y Childers Y Clark NCoan NColeman, B NColeman, T YConnell
Y Cooper NCrawford N Crews

Y Culbreth Y Cununixiffs Y Davis, G Y Davis, M EDay Y DeLoacb, B Y DeLoach, G NDii YDizon YDobbs N Dukes NEhrhart Yl
NEverett Y Felton YFloyd N Franklin N Golden Y Graves YGreene N Grindley Y Hammontree Y Manner
Harbin Y Heard YHecht YHeckstall Y Hegstrom YHenson Y Holland Y Holmes Y Houston
Howard Y Hudgens N Hudson, H

Y Hudson, N Y Hugley
Irvin Y Jackson
Y James Jamieson
N Jenkins Johnson
N Johnston
N Jones N Joyce NKaye NLadd NLakly YLane
Lee N Lewis NLord Y Lucas NMaddox YMann N Manning
Martin, J Y Martin, J.L NMassey NMcBee NMcCall Y McClinton Y McKinney N Mills Y Mobley YMosley NMueller YO'Neal
Orrock
N Parham

On the motion, the ayes were 90, nays 63. The motion prevailed.

NParrish Y Parsons Y Pelote Y Perry
Pinholster
YPoag Polak Ponder
N Porter Powell
NPurceU YRagas
Y Randall Ray Reaves
Y Reichert YRice N Richardson Y Roberts Y Rogers Y Royal N Sanders N Sauder Y Scarlett NScheid N Scott YSnanahan YShaw YSherrill NShipp YSims Y Sinkfield Y Skipper Y Smith, C
Smith, C.W Y Smith, L

The following amendment was read and adopted:

Y Smith, L.R Y Smith, P Y Smith, T N Smith, V
Y Smyre YSneUing YSnow YStaUings N Stancil, F NStancil, S Y Stanley, L Y Stanley, P N Stephens Y Taylor ETeague
YTeper Thomas
Y Tilhnan
E Titus Y Tolbert YTrense
YTurnquest YTwiggs
Walker, L N Walker, R.L
Y Watson YWest N Westmorland NWhitaker
N Wiles Y Williams, B
N Williams, J N Williams, R YWorthan NYates
Murphy, Spkr

Representative Crews of the 78th moves to amend the Crews amendment to HB 244 as follows: Insert after the word "system"
"attending the public hearing".
On the re-adoption of the Crews amendment, as amended, the roll call was ordered and the vote was as follows:

N Alien NAndereon
YAshe E Bailey

E Bannister YBarfoot
Barnard NBaraes

N Bates N Benefield YBirdsong Y Bohannon

N Bordeaux Y Bradford
Y Breedlove
Y Bridges

N Brooks Y Brown
EBuck
Y Buckner

1542

JOURNAL OF THE HOUSE,

YBunn E Buikhalter NByid Y Campbell N Canty YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T NConneU Y Cooper Y Crawford Y Crews Y Culbreth Y Cumnunff8 N Davis, G Y Davis, M E Day
Y DeLoach, B Y DeLoach, G YDi* NDixon NDobbe
N Dukes YEhrhart NEpps Y Evans YEverett
N Felton

NFloyd Y Franklin N Golden N Graves NGreene Y Grindley Y Hammontree N Banner
Harbin N Heard YHecht NHeckstall N Hegstrom NHenson Y Holland N Holmes N Houston
Howard YHudgens Y Hudson, H N Hudson, N
N Hugley Ylrvin Y Jackson N James
Jamieson YJenkins
Johnson Y Johnston N Jones Y Joyce YKaye

YLadd YLakly YLane
Lee Y Lewis NLord N Lucas Y Maddox NMann Y Manning
Martin, J N Martin, J.L YMassey NMcBee
McCall N McClinton NMcKinney Y Mills N Mobley NMosley Y Mueller NO-Neal
Orrock YParham YParrish Y Parsons
Pelote Y Perry
Pinholster YPoag
Polak Ponder

Y Porter Y Powell YPurceU
NRagas NRandall
Ray Y Reaves YReichert NRice Y Richardson N Roberts N Rogers N Royal
Y Sanders Sauder
N Scarlett YScheid
Y Scott N Sbanahan
NShaw NSherrill
Shipp NSims Y Sinkfield N Skipper N Smith, C
Smith, C.W Y Smith, L Y Smith, L.R N Smith, P Y Smith, T Y Smith, V

NSmyre NSnelling NSnow N Stalling* N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephens N Taylor ETeague NTeper
Thomas NTillman E Titus N Tolbert YTrense N Turnquest NTwiggs
Walker, L Y Walker, R.L N Watson YWest Y Westmoreland Y Whitaker Y Wiles N WiUiams, B Y Williams, J Y Williams, R N Worthan YYates
Murphy, Spkr

On the re-adoption of the Crews amendment, as amended, the ayes were 81, nays 72. The amendment was adopted.

The following amendment was read:

Representative Joyce of the 1st moves to amend HB 244, as amended by the committee, by striking lines 1 through 3 of page 1 and inserting in lieu thereof the following:
"To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, so as to allow local boards of education to add additional instructional time to school days which may be accumulated and applied to future instructional time missed due to weather conditions; to provide for grants for".
By inserting between lines 7 and 8 of page 1 the following:
"SECTION 1.
Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, is amended in Code Section 20-2-168, relating to distribution of federal funds, combined purchase of supplies and equipment, minimum school year, summer school program, and year-round operation, by striking paragraph (4) of subsection (c) of said Code section and inserting in lieu thereof the following:
'(4) (A) As used in this paragraph, the term "instructional time" means a period of time students spend under the supervision of a certified or substitute teacher pursuing educational objectives related directly to a course as defined in local system curriculum or resource guides or in locally adopted state guides.
(B) A local board of education which exceeds the full four hours of instructional time required by. the state board bjr at least 15 minutes daily for the full academic year shall be credited with such additional instructional time. The excess instructional time shall be accumulated in amounts up to but not exceeding seven instructional days each year and applied toward meeting instructional time requirements missed due to dangerous or extreme weather conditions. This excess accumulated

FRIDAY, MARCH 6, 1998

1543

instructional time may be used for early student dismissal for faculty professional development under rules promulgated by the state board. (C) Any unused accumulated days for excess instructional time shall not carry over to a school year other than the year in which such time was accumulated. year.'" Each fiscal year shall begin on July 1 and end on June 30 of the following
By redesignating Section 1 as Section 2. By striking lines 9 through 11 of page 1 and inserting in lieu thereof the following: "Said article is further amended by adding at the end of Part 9 a new". By redesignating Section 2 as Section 3.

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

N Alien N Andenon
NAshe E Bailey E Bannister NBarfoot
Barnard NBarnes
Bates N Benefield NBirdsong NBohannon N Bordeaux
N Bradford NBreedlove Y Bridges N Brooks Y Brown EBuck NBuckner YBunn E Burkhalter NByrd N Campbell N Canty NCash N Channel! N Childere
Clark NCoan N Coleman, B N Coleman, T N Cornell
N Cooper N Crawford N Crews

N Culbreth N Cununings
N Davis, G Y David, M EDay NDeLoach, B YDeLoach,G NDix NDiion YDobbs N Dukes NEhihart NEpps N Evans NEverett NFelton NFloyd Y Franklin N Golden N Graves NGreene N Grindley
Y Hammontree N Banner
Harbin
N Heard NHecbt N Heckstall NHegstrom NHenson N Holland N Holmes N Houston
Howard
N Hudgens N Hudson, H

N Hudson, N N Hugley NIrvin Y Jackson N James N Jamieson NJenkins
Johnson Y Johnston
N Jones Y Joyce
Kaye NLadd YLakly NLane NLee N Lewis NLord N Lucas N Maddox NMann N Manning
Martin, J N Martin, J.L NMassey NMcBee NMcCall N McClinton N McKinney Y Mills
N Mobley N Mosley Y Mueller N O'Neal
NOrrock N Parham

NParrish N Parsons
Pelote N Perry
Pinholster NPoag
Polak Ponder N Porter N PoweU N Purcell NRagas NRandaU NRay Reaves N Reichert NRice N Richardson N Roberts Rogers N Royal
Y Sanders N Sauder N Scarlett
Scheid N Scott
N Shanahan NShaw NSherrill
NShipp NSims N Sinkfield N Skipper N Smith, C
Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 20, nays 133. The amendment was lost.

N Smith, L.R N Smith, P Y 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 ETeague
NTeper Thomas
NTilbnan
E Titus N Tolbert
NTrense N Turnquest NTwiggs
Walker, L Y Walker, R.L N Watson NWest Y Westmoreland NWhitaker N Wiles N Williams, B
Williams, J N Williams, R YWorthan 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:

N Alien N Andenon YAshe

E Bailey E Bannister YBarfoot

Barnard YBaroes Y Bates

Y Benefield Y Birdsong Y Bohannon

Y Bordeaux Y Bradford N Breedlove

1544

JOURNAL OF THE HOUSE,

Y Bridges Y Brooks Y Brown EBuck Y Buckner YBunn EBurkhalter YByrd Y Campbell Y Canty YCash
YChannell YChilden Y Clark YCoan Y Coleman, B N Coleman, T Y Cornell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummiiigs N Davis, G Y Davis, M EDay YDeLoach, B
Y DeLoach, G NDix
YDtaon YDobbe Y Dukes YEhrhart

YEpps Y Evans Y Everett Y Felton NFloyd N Franklin N Golden
Y Graves YGreene Y Grindley Y Hammontree N Manner
Harbin Y Heard NHecht YHeckstall YHegstrom YHenson
N Holland Y Holmes Y Houston
Howard YHudgens Y Hudson, H N Hudson, N YHugley Ylrvin Y Jackson N James Y Jamieson Y Jenkins
Johnson Y Johnston

N Jones N Joyce YKaye YLadd YLaldy YLane YLee Y Lewis YLord Y Lucas Y Maddoi YMann Y Manning
Martin, J Y Martin, J.L
YMassey YMcBee YMcCaJl
N McCUnton Y McKinney Y Mills
N Mobley YMoeley N Mueller YO'Neal YOrrock YParham NParrish Y Parsons Y Pelote Y Perry
Pinholster YPoag

Polak Ponder Y Porter YPowell
YPurcell YRagas YRandall YRay Y Reaves Y Reichert
YRice Y Richardson Y Roberts N Rogers Y Royal Y Sanders Y Sauder Y Scarlett
Scheid Y Scott Y Shanahan NShaw YSherriU YShipp YSims N Sinkfield Y Skipper Y Smith, C
Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P N Smith, T

Y Smith, V YSmyre Y Snelling YSnow YStallings N Stand], F Y Stancil, S Y Stanley, L Y Stanley, P N Stephens Y Taylor ETeague YTeper
Thomas YTilhnan E Titus Y Tolbert YTrense Y Turnquest NTwiggs Y Walker, L N Walker, R.L Y Watson YWest Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan Y Yates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 133, nays 28.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Smith of the 19th 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 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".

The following substitute, offered by Representatives Murphy of the 18th, Hudson of the 120th and Powell of the 23rd, was read:

A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for legislative findings and intent; to create a new chapter to be known as the "Essential Rural Health Care Provider Access Act"; to provide for definitions; to provide for the designation of essential rural health care providers; to impose requirements for qualifications as essential rural health care providers; to provide that certain essential rural health care providers shall have the opportunity to become participating providers in health care plans; to provide for good faith negotiations between providers and health care insurers; to provide for physicians in such plans; to provide for certain exceptions for health maintenance organizations and for considerations regarding certain service areas; to provide for administration by the Commissioner of Insurance; to provide for conditions for denial, rejection, or termination of an essential rural health care provider as a participating

FRIDAY, MARCH 6,1998

1545

provider and an opportunity to cure any deficiency; to provide for hearing, appeal, and confidentiality of information; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for exemptions from certificate of need requirements for certain rural hospitals; to provide for changes in joint hospital authorities where a participating unit is a rural county having less than a specified population; to provide for powers of certain rural hospital authorities; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. It is the intent of the General Assembly to encourage the continued existence and availability of certain health care providers in rural areas of the state so as to promote and preserve the provision of primary care to the residents of such rural areas. The General Assembly finds that a severe shortage of health care providers currently exists in many rural areas, and those providers which do exist continue to do so under financial hardship. The General Assembly further finds that rural health care providers are being arbitrarily excluded from participating in certain health benefit plans and that, should such practice continue, these providers will be harmed and forced either to discontinue their services or relocate to urban areas thereby further exacerbating the shortage which already exists. The General Assembly therefore concludes that certain steps must be taken to promote the continued existence and expansion of rural health care providers in order to preserve the availability of primary health care services to Georgia's rural citizens.
SECTION 2. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding immediately following Chapter 20A thereof a new chapter to read as follows:
"CHAPTER 20B
33-20B-1. This chapter shall be known and may be cited as the 'Essential Rural Health Care Provider Access Act.'
33-20B-2. As used in this chapter, the term:
(1) 'Essential rural health care provider' means any hospital, federally qualified health center, or rural health clinic, as such terms are defined in this Code section, which is located in a rural area and which complies with the provisions of Code Section 33-20B-3. (2) 'Federally qualified health center' means, for the purposes of this Code section, a facility which meets the definition of a federally qualified health center as described in Section 1395x(aa)(4) of Title 42 of the United States Code Annotated and which is located in a rural area. (3) 'Health benefit plan' or 'plan' means the health insurance policy or subscriber agreement between a covered person or policyholder and a health care insurer which defines the covered services and benefit levels available. (4) 'Health care insurer' means an insurer, a fraternal benefit society, a health care plan, a nonprofit medical service corporation, a nonprofit hospital service corporation, a health care corporation, a health maintenance organization, or any other entity authorized to sell accident and sickness insurance policies, subscriber certificates, or other contracts of health insurance by whatever name called under Title 33. (5) 'Health care services' means services rendered or products sold by an essential rural health care provider within the scope of such provider's license or legal authorization. (6) 'Hospital' means any building or facility licensed by the department as a hospital under this chapter which:
(A) Operates no more than 100 beds; (B) Provides 24 hour emergency care as well as a range of health care services sufficient to support the practice of a primary care physician; and

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JOURNAL OF THE HOUSE,

(C) For at least one of the immediately preceding two fiscal years, derived at least 40 percent of its patient revenues from medicare, Medicaid, or any combination of medicare and Medicaid. (7) 'Physician' for purpose of this section only means any person who is licensed to practice medicine by the Composite State Board of Medical Examiners pursuant to Chapter 34 of Title 43 who practices as a family physician, general internist, pediatrician, general practitioner, general surgeon, or obstetrician/gynecologist and who has medical staff privileges at a hospital as defined in paragraph (6) of this Code section. (8) 'Rural area' means any county having a population of less than 35,000 according to the United States decennial census of 1990 or any future such census. (9) 'Rural health clinic' means a facility which is located in a rural area and which meets the definition of a rural health clinic as described in Section 1395x(aa)(2) of Title 42 of the United States Code Annotated.
33-20B-3. (a) Any essential rural health care provider shall have the opportunity to become a participating provider of health care services in a health benefit plan if such provider meets all of the following conditions:
(1) Participates in the medicare and Medicaid programs; (2) Adopts and complies with a policy for the provision of health care services to indigent and charity patients; (3) Is licensed, where required under law, and qualified to render the services provided by the plan; (4) Agrees to payment terms which are either:
(A) The same payment terms applicable to other similar participating providers in the plan; or (B) Such payment terms as may be mutually agreed upon by such provider and a health care insurer; and (5) Meets the reasonable and nondiscriminatory qualifications and standards established by the plan. Plan standards must comply with all applicable laws and regulations, but such qualifications and standards may not discriminate against essential rural health care providers on the basis of geographic proximity to other participating providers or corporate status. (b) All essential rural health care providers within a defined service area who meet the conditions established in subsection (a) of this Code section shall be given the opportunity to apply to become a participating provider in a plan. Provisions within a health benefit plan applicable to providers in such plan shall be applied by the health care insurer in a uniform and consistent manner to similarly situated providers. In the event an essential rural health care provider requests the opportunity to become a participating provider in any health benefit plan, the health care insurer shall conduct reasonable and good faith negotiations with such essential rural health care provider to determine whether it meets the applicable qualifications and standards established by the plan in accordance with all applicable laws, rules, and regulations as promulgated the Commissioner of Insurance. (c) Health benefit plans shall include sufficient and reasonable numbers of physicians located in rural areas who have staff privileges at hospitals as defined in paragraph (6) of Code Section 31-7-451.
(d) A health care insurer which is a health maintenance organization shall not be required to comply with this Code section within such health maintenance organization's service area if such area was approved by the commissioner of human resources or otherwise is deemed by the Commissioner of Insurance to have complied with the standards established by the commissioner of human resources. When reviewing a health maintenance organization's request to originate or expand an area of service into a rural area, the commissioner of human resources shall consider whether the health maintenance organization has demonstrated its willingness to grant reasonable consideration to essential rural health care providers in the negotiating and contracting process.

FRIDAY, MARCH 6, 1998

1547

33-20B-4. To deny, reject, or terminate an essential rural health care provider from serving as a participating provider in a health benefit plan, the health care insurer shall:
(1) Inform the essential rural health care provider in writing of the basis for such rejection or termination, including a reference to any specific qualification or standard established by the plan in accordance with all applicable laws and regulations which the provider failed to meet; and (2) Where possible, afford the essential rural health care provider a reasonable opportunity to cure the deficiency which is the basis for such rejection or termination.
33-20B-5. Any essential rural health care provider which is denied, rejected, or terminated from serving as a participating provider in a health benefit plan shall have the right of hearing and appeal before the Commissioner, or his or her designee, if that provider believes there has been a violation of Article 16 of Title 31 of this chapter and of judicial appeal as provided in Chapter 2 of Title 33. To the extent proprietary materials, trade secrets, rate data, or other materials not generally known to the public are presented at a hearing or an appeal, such information shall be admissible but shall be sealed by the Commissioner and held as confidential and shall not be subject to Article 4 of Chapter 18 of Title 50.
33-20B-6. The administration of this chapter shall be through the Commissioner of Insurance."
SECTION 3. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding between paragraphs (14) and (15) of subsection (a) of Code Section 31-6-47, relating to exemptions from certificate of need requirements, a new paragraph to read as follows:
"(14.1) Services provided by a home health agency through or on behalf of a medicalsurgical hospital:
(A) Which is located in a county having a population of 35,000 or less according to the United States decennial census of 1990 or any future such census; (B) Which is the only such hospital in that county; (C) Which has a bed capacity of less than 100 beds; (D) Which had combined revenues from Medicaid and medicare which were greater than 40 percent of net revenues the year in which those new institutional health services were first provided; (E) Which had gross revenues of less than $30 million based upon the planning agency's 1995 report which tabulated information required under Code Section 31-6-70; and (F) Which provides those services only in the county in which that hospital is located or in any other county contiguous to such county in which that hospital is located, which other county has no hospital and has a population of 35,000 or less according to the United States decennial census of 1990 or any future such census; provided, that such services may not be provided until such hospital applies to the planning agency for and obtains an exemption, the planning agency conducts a public hearing, within 45 days following such application, in the county in which that hospital is located regarding the provision of those services, and the agency determines the hospital otherwise meets the requirements of this paragraph, whereupon that agency may then grant such exemption;"
SECTION 4. Said title is further amended by striking subsection (d) of Code Section 31-7-72, relating to the creation of hospital authorities, and inserting in its place the following:
"(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 powers 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

1548

JOURNAL OF THE HOUSE,

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 participating units from tune to time. Where the governing bodies of participating units have acted together for the creation of an authority under this subsection and where at least one of those participating units is a county having a population of 35,000 or less according to the United States decennial census of 1990 or any future such census, the method of filling vacancies upon such authority may be changed only by local Act of the General Assembly and, when so changed, shall be governed by that local Act."
SECTION 5. Said title is further amended by adding after Code Section 31-7-75.2 a new Code section to read as follows:
"31-7-75.3.
A hospital authority which owns or operates a hospital which is qualified to provide home health agency services under the exemption provided in paragraph (14.1) of subsection (a) of Code Section 31-6-47 shall be authorized to exercise such powers under this article."
SECTION 6. Sections 1, 2, 3, and 5 of this Act shall become effective July 1, 1999. The remaining provisions of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Lucas of the 124th moves to amend HB 1798 as follows: By striking Section 3 in its entirety and renumbering each section.

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

N Alien YAndenon NAshe E Bailey E Bannister
Barfoot Barnard Barnes N Bates YBenefield YBirdsong NBohannon Y Bordeaux Y Bradford NBreedlove N Bridges Y Brooks N Brown E Buck YBuckner NBunn EBurkhalter Byrd N Campbell N Canty NCash

N Channell Y Childen N Clark
Coan N Coleman, B Y Coleman, T N Cornell N Cooper
Crawford N Crews N Culbreth N Cununings Y Da , G Y Da , M E Day N DeLoach, B Y DeLoach, G N Dii N Diion N Dobbs N Dukes N Ebrhart Y Epps N Evans N Everett NFelton

N Floyd N Franklin N Golden Y Graves N Greene N Grindley N Hammontree
Banner Harbin Y Heard Y Hecht Heckstall Y Hegstrom Henson N Holland Y Holmes N Houston Howard N Hudgens N Hudson, H N Hudson, N Hugley N Irvin N Jackson Y James Y Jamieson

NJenkins Johnson
N Johnston Y Jones N Joyce N Kaye N Ladd N Lakly N Lane Y Lee N Lewis
Lord Y Lucas N Maddoi N Mann N Manning Y Martin, J Y Martin, J.L E Massey Y McBee Y McCall
McClinton McKinney N Mills Y Mobley N Mosley

N Mueller NO'Neal Y Orrock
Parham N Fairish Y Parsons Y Pelote
Perry Pinholster N Poag Polak N Ponder Y Porter N Powell Y Purcell Y Ragas Y Randall N Ray N Reaves Y Reichert Rice N Richardson N Roberts Y Rogers N Royal Sanders

FRIDAY, MARCH 6,1998

1549

NSauder NScarlett NScheid N Scott N Shanahan NShaw
Sherrill
YShipp YSims 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 NSnelling

N Snow Y Stallings Y Stancil, F N Stancil, S
Stanley, L N Stanley, P Y Stephens Y Taylor ETeague YTeper

Thomas YTilhnan E Titus N Tolbert NTrenge
Turaquest NTwiggs N Walker, L
Walker, R.L Y Watson

On the adoption of the amendment, the ayes were 49, nays 94. The amendment was lost.

N West N Westmorland N Whitaker N Wiles
Williams, B N Williams, J N Williams, R NWorthan
NYates Murphy, Spkr

The following amendment was read:

Representative Childers of the 13th moves to amend the Floor substitute to HB 1798 as follows:
By striking the language on pages 6 & 7 lines 16 through line 4 page 7 and inserting new language after the "semicolon" on line 13 page 6 to read,
"(14.1) Subject to the funds appropriated, home health services shall be exempt from certificate of need requirements."

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

N Alien
N Andenon NAshe E Bailey E Bannister NBarfoot
Barnard NBarnes N Bates
N Benefield NBirdsong N Bohannon
Y Bordeaux N Bradford Y Breedlove Y Bridges Y Brooks N Brown EBuck N Buckner YBunn E Burkhalter NByrd N Campbell
Y Canty NCash
N Channel! Y Childers Y Clark
YCoan Y Coleman, B N Coleman, T NConneU
N Cooper Crawford
Y Crews

N Culbreth Y Cummings Y Davis, G Y Davis, M EDay N DeLoach, B N DeLoach, G YDix
NDixon NDobbs N Dukes YEhrhart NEpps Y Evans NEverett Y Felton NFloyd Y Franklin N Golden
Y Graves NGreene
Grindley N Hammontree
Hanner Harbin Y Heard NHecht Heckstall Y Hegstrom Henson
Y Holland N Holmes N Houston
Howard N Hudgens N Hudson, H

N Hudson, N N Hugley NIrvin
N Jackson Y James N Jamieson
Jenkins
Johnson N Johnston Y Jones N Joyce YKaye YLadd NLakly
YLane NLee Y Lewis
NLord Y Lucas N Maddox NMann
N Manning N Martin, J N Martin, J.L EMassey YMcBee NMcCall Y McClinton
N McKinney Y Mills
N Mobley NMosley Y Mueller YO'Neal NOrrock NParham

NParrish N Parsons
Pelote
Perry Pinholster
NPoag Polak
N Ponder N Porter N Powell NPurceU NRagas YRandall
NRay N Reaves Y Reichert NRice N Richardson
N Roberts Y Rogers N Royal
Sanders N Sauder N Scarlett NScheid
N Scott Shanahan
NShaw N Sherrill
NShipp YSims
Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 54, nays 97. The amendment was lost.

N Smith, L.R Y Smith, P N Smith, T Y Smith, V
N Smyre NSnelling N Snow N Stallings Y Stancil, F Y Stancil, S
Stanley, L N Stanley, P Y Stephens N Taylor ETeague
NTeper Thomas
Y Tillman E Titus Y Tolbert
NTrense Turnquest
NTwiggs N Walker, L Y Walker, R.L Y Watson
NWest N Westmoreland N Whitaker Y Wiles Y Williams, B
Y Williams, J N Williams, R Y Worthan YYates
Murphy, Spkr

1550

JOURNAL OF THE HOUSE,

The following amendment was read:

Representative Walker of the 87th moves to amend the Floor substitute to HB 1798 as follows:
On page 6, line 17 change 35,000 to 60,000 and,
On page 6 line 25 change $30 million to $40 million.

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

N Alien NAndenon NAsbe E Bailey
NBarfoot Barnard
NBarnes N Bates N Benefield NBiidaong N Bohannon N Bordeaux Y Bradford NBreedlove N Bridges N Brooks N Brown EBuck NBuckner NBunn E Burkhalter N Byrd N Campbell N Canty YCaah N Channel! Y Childera N Clark NCoan NColeman, B NColeman, T NConneU N Cooper
Crawford N Crews

N Culbreth Y Cummings N Davis, G Y Davis, M EDay Y DeLoach, B NDeLoach, G NOix YDizon YDobbs N Dukes NEhrhart NEpps N Evans N Everett Y Felton NFloyd N Franklin N Golden
N Graves NGreene N Grindley YHammontree N Banner
Harbin N Heard
NHecht Heckstall
NHegstrom Henson
N Holland N Holmes N Houston
Howard YHudgens N Hudson, H

N Hudson, N N Hugley NIrvin
N Jackson N James N Jamleson
NJenkins Johnson
N Johnston Y Jones N Joyce
NKaye YLadd YLakly NLane NLee N Lewis NLord N Lucas
NMaddox YMann
Manning
N Martin, J N Martin, J.L EMassey NMcBee
NMcCall N McClinton N McKinney NMills
N Mobley NMosley N Mueller NO'Neal NOrrock N Parham

NParrish N Parsons
Pelote Perry Pinhobter NPoag NPolak N Ponder N Porter N Powell NPurceU
NRagas NRandaU NRay N Reaves N Reichert Ymce Y Richardson N Roberts Y Rogers N Royal
Sanders Y Sauder N Scarlett YScheid N Scott N Shanahan NShaw NSherrill NShipp NSims N Sinkfield N Skipper N Smith, C N Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 26, nays 130. The amendment was lost.

N Smith, L.R Y Smith, P N Smith, T Y Smith, V NSmyre NSnelling NSnow NStallings N Stancil, F N Stancil, S
Stanley, L N Stanley, P N Stephens N Taylor
ETeague NTeper
Thomas NTillman E Titus NTolbert NTrense
Turnquest NTwiggs N Walker, L Y Walker, RL N Watson
N West N Westmorland NWhitaker Y Wiles
N Williams, B Y Williams, J N Williams, R N Worthan
YYates Murphy, Spkr

The following amendments were read and adopted:

Representatives Scott of the 165th, Powell of the 23rd and Hudson of the 120th move to amend the Floor substitute to HB 1798 as follows:
Strike lines 3 and 4 of page 5 and insert a "." after the word "areas" line 2 page 5.

Representative Powell of the 23rd moves to amend the Floor substitute to HB 1798 as follows:
Page 5, line 39 strike "Article 16 of Title 31 of.

The Floor substitute, as amended, was adopted.

FRIDAY, MARCH 6, 1998

1551

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 YAndereon YAihe
E Bailey E Bannister
Baifoot Barnard YBames N Bates YBenefield
YBirdsong NBohannon Y Bordeaux Y Bradford YBnedlove Y Bridges Y Brooks
Y Brown EBuck YBuckner YBunn E Burkbalter YByrd Y Campbell Y Canty YCash Y Channel! YChilden Y Clark YCoan YColeman, B YColeman, T
Cornell
Y Cooper Crawford
Y Crews

YCulbreth Y Cummings Y Davis, G Y Davis, M EDay
YDeLoach, B YDeLoach, G YDU
YDUon YDobbe Y Dukes YEhrhart
YEpps Y Evans YEverett YFelton YFloyd Y Franklin
N Golden Y Graves YGreene Y Grindley YHammontree Y Banner
Harbin Y Heard YHecht
HeckstaU YHegstrom
Henson Y Holland Y Holmes
Houston Howard YHudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin
Y Jackson Y James YJamieson Y Jenkins
Johnson Y Johnston
Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord N Lucas YMaddoz
NMann Y Manning
Y Martin, J Y Martin, J.L EMassey YMcBee YMcCall
Y McClinton YMcKinney Y Mills Y Mobley YMoeley YMueller YO'Neal
Orrock YParham

YParrish Y Parsons Y Pelote Y Perry
Pinholster
YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas YRandall YRay
Reaves YReichert YRice Y Richardson Y Roberts N Rogers Y Royal
Sanders Y Sauder Y Scarlett YScheid N 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 NStancil, S
Stanley, L
Y Stanley, P Y Stephens
YTaylor ETeague YTeper
Thomas
YTillman E 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 YWorthan YYates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 145, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The Speaker Pro Tern assumed the Chair.

HB 932. By Representatives Randall of the 127th, Walker of the 141st and Irvin of the 45th:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of physicians, physician's assistants, and respiratory care, so as to provide that the Composite State Board of Medical Examiners shall function as a separate state agency and shall be a separate budget unit of state government.

The following Committee substitute was read and withdrawn:

A BILL
To amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, rekting to the regulation of physicians, physician's assistants, and respiratory care, so as to change the definition of a certain term; to provide that the Composite State Board of Medical

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Examiners shall function as a separate state agency and shall be a separate budget unit of state government; to provide for the appointment of members to the Composite State Board of Medical Examiners; to provide for the removal of members from office for certain cause; to provide that the Composite State Board of Medical Examiners shall have the authority to contract with medical associations or other professionally qualified organizations to assist it in carrying out its duties as required by this chapter or rules and regulations promulgated by the board; to authorize such board to establish administrative standards for the examination of applicants for licensure; to provide for an executive director and other employees of the Composite State Board of Medical Examiners and for their powers and duties; to provide for investigators; to provide for the determination of fees and refunds; to authorize point credit for veterans taking examinations given by the board; to provide that certain laws applicable to various state examining boards shall not apply to the Composite State Board of Medical Examiners or this chapter; to repeal provisions relating to the authority of the Secretary of State and the joint-secretary of the state examining boards in connection with regulating physicians, physician's assistants, and respiratory care and in connection with the affairs of the Composite State Board of Medical Examiners; to authorize the Composite State Board of Medical Examiners to assume additional powers and to exercise additional duties; to require applicants for licensure to provide certain information; to provide for the compensation and reimbursement of members of such board; to change the provisions relating to a temporary license to practice medicine; to authorize the Composite State Board of Medical Examiners to provide for inactive status licenses; to change the provisions relating to the issuance of licenses to practice medicine upon presentation of evidence of required qualifications; to change the provisions relating to the recording of licenses to practice medicine with the clerk of the superior court; to change the provisions relating to the authority of the board to refuse a license to practice medicine or discipline a physician; to provide for additional remedies and actions which the board may take against licensees or applicants for licensure; to provide for cease and desist orders against persons practicing medicine without a license; to provide civil penalties; to provide that licensed professionals shall be subject to regulation by the board; to provide for hearings; to provide for venue; 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 34 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of physicians, physician's assistants, and respiratory care, is amended by striking in its entirety paragraph (3) of Code Section 43-34-20, relating to definitions applicable under said chapter, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) 'To practice medicine' means to hold ee% self- oneself out to the public as being engaged in the diagnosis or treatment of disease, defects, or injuries of human beings; or the suggestion, recommendation, or prescribing of any form of treatment for the intended palliation, relief, or cure of any physical, mental, or functional ailment or defect of any person with the intention of receiving therefor, either directly or indirectly, any fee, gift, or compensation whatsoever; or the maintenance of an office for the reception, examination, and treatment of persons suffering from disease, defect, or injury of body or mind; or attaching the title 'M.D.,' 'Oph.,' 'D.,' 'Dop.,' 'Surgeon,' 'Doctor,' 'D.O.,' 'Doctor of Osteopathy,' 'Physician,' either alone or in connection with other words, or any other words or abbreviations to one's name, indicating that such person is engaged in the treatment or diagnosis of disease, defects, or injuries to human beings, provided that the terms 'physicians.' 'doctors of medicine,' 'doctors of medicine licensed to practice in the state,' and similar terms wherever used or appearing in this article or elsewhere shall mean and include only those persons who are licensed to practice medicine under this article."
SECTION 2. Said chapter is further amended by striking in its entirety Code Section 43-34-21, relating to the creation of the Composite State Board of Medical Examiners, and inserting in lieu thereof a new Code Section 43-34-21 to read as follows:

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"43-34-21.
(a) A board is established within state government to be known as the Composite State Board of Medical Examiners. All members of the board shall be citizens of the United States and residents of this state. All appointments to the board shall be made by the Governor and confirmed by the Senate. The board shall function as a separate state agency and shall be a budget unit within the meaning of paragraph (10) of Code Section 45-12-71. (b) Twelve of the members shall be practicing physicians of integrity and ability and shall be duly licensed to practice in this state. Ten of the 12 physician members shall be graduates of reputable medical schools conferring the M.D. degree; the other two physician members shall be graduates of reputable osteopathic schools conferring the D.O. degree. All of the physician members shall have been engaged in the active practice of their profession within this state for a period of at least five years. Any vacancy occurring hi a post held by a holder of the D.O. degree shall be filled by a D.O. from the state at large.
(c) The thirteenth member of the board shall be appointed from the state at large and shall have no connection whatsoever with the practice of medicine.
(d) The board shall perform such duties and possess and exercise such powers relative to the protection of the public health and the control of regulation of the practice of medicine and osteopathy as this chapter prescribes and confers upon it and shall have the power to carry out investigations? either through the joint accrotary or independently; provided, however, that the member of the board who is not a practicing physician may vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of physicians in this state.
(e)(l) The board shall appoint a Physician's Assistants Advisory Committee composed of four physicians, at least two of whom shall be members of the board, and four licensed physician's assistants, who shall each serve for terms of office of two years and until their successors are appointed and qualified. The committee shall review matters to come before the board which relate to physician's assistants, including but not limited to applicants for physician's assistant licensure and relicensure and education requirements therefor, and proposed board regulations concerning physician's assistants. The committee shall periodically make recommendations to the board regarding matters reviewed. Each member of the advisory committee shall be entitled to the same expense allowances, mileage allowances, and reimbursement as members of the board as provided for in subsection (f) of Code Section 43-1-2.
(2) The committee shall appoint a physician's assistant in an advisory capacity to the board. The advisory person shall serve at the pleasure of the committee as an ex officio adviser to the board in all matters relating to physician's assistants and shall share in the privileges and benefits of the board without a vote.
(f) The board shall examine applicants to test their qualifications to practice medicine. The board shall also establish administrative standards for the examination of applicants for licensure, notwithstanding any other provisions of law to the contrary. These administrative standards shall include setting of the date, time, and location of examinations. The board may adopt examination criteria, grading procedures, fees, passing score requirements, and other matters pertaining to the examination of applicants for licensure as necessary to implement licensing standards. Examination standards, including examination criteria, grading procedures, and passing score requirements, developed in agreement or in conjunction with a national association of state boards or other related national association for the administration of a nationally recognized uniform examination may be adopted in lieu of state standards by the board.
(g) When funds are specifically appropriated for such purpose, the board shall publish an informational booklet on breast cancer and the treatment of breast cancer. The booklet shall contain a summary of the latest information on breast cancer and, in brief form, shall discuss the generally accepted and widely prevailing medical and surgical treatments for breast cancer. The booklet shall include a valid assessment of the relative risks and benefits of the accepted and widely prevailing methods of treatment. A copy of the booklet shall be made available by the board to every appropriate physician in

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the state. A letter by the board shall accompany this booklet stating that the board urges the physician to distribute a copy of the booklet to each and every patient whose suspected disease, disease, or course of treatment is covered by the material in the booklet. Copies shall also be available to any person upon request at a fee prescribed by the joint' accrctnry board sufficient to cover the cost of printing and distribution. The booklet shall be updated and redistributed at such times as the board shall deem necessary, (h) The board shall have the authority to contract with medical associations or other professionally qualified organizations to conduct impaired physicians programs. (i) The board shall have the authority to enter into such contracts as are deemed necessary to assist it in carrying out its duties as required by this chapter or rules and regulations promulgated by the board: provided, however, that the board shall not enter into exclusive contracts with medical associations or other organizations for the purpose of conducting peer review. CO The provisions of Chapter 1 and Chapter 1A of this title shall not apply to the Composite State Board of Medical Examiners or to the regulation of physicians, physician's assistants, and respiratory care; provided, however, that the board shall be authorized to provide point credit for veterans taking an examination under this chapter the same as allowed in Chapter 1 of this title or under other rules or conditions."
SECTION 3. Said chapter is further amended by striking in its entirety Code Section 43-34-22, relating to the composition of the State Board of Medical Examiners, which reads as follows:
"43-34-22.
The members of the State Board of Medical Examiners shall serve for a term of four years and until successors are appointed and qualified. All reappointments and new appointments shall be made so that the various geographic regions of the state shall be represented. Any vacancy that may occur in the board as a result of death, resignation, removal from the state, or other cause shall be filled for the unexpired term in the same manner as regular appointments are made.", and inserting in lieu thereof the following:
"43-34-22.
(a) The Governor is authorized to appoint any person who is otherwise qualified as provided in this chapter to serve as a member of the board for a regular term or for an unexpired term notwithstanding the fact that the Governor is required to appoint members from a list of nominees submitted by state medical associations. (b) Each person appointed by the Governor as a member of the board shall be confirmed by the Senate, and any such appointment made when the Senate is not in session shall be effective until the appointment is acted upon. (c) The Governor, after notice and opportunity for hearing, may remove from office any member of the board for any of the following:
(1) Inability or neglect to perform the duties required of members; (2) Incompetence; or (3) Dishonest conduct.
43-34-22.1. The members of the Composite State Board of Medical Examiners shall serve for terms of four years each and until successors are appointed and qualified. All reappointments and new appointments shall be made so that the various geographic regions of the state shall be represented. Any vacancy that may occur on the board as a result of death, resignation, removal from the state, or other cause shall be filled for the unexpired term in the same manner as regular appointments are made."
SECTION 4. Said chapter is further amended by striking Code Section 43-34-24, relating to the election of members of the Composite State Board of Medical Examiners and reimbursement of members, and inserting in lieu thereof a new Code Section 43-34-24 to read as follows:
"43-34-24.

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(a) Immediately after the appointment and qualification of the members, the board shall meet and organize and shall elect a president^ and vice-president^ and secretarytreasurer. The board shall operate under the terms of Chapter 1 ef- this *jttej providing fef a joint-secretary; and the joint-secretary shaH serye the beard- a provided by tew this chapter and the rules and regulations promulgated by the board. Each member of the board sbetU be reimbursed as provided for m subsection (f> of Code Section 48-1-2 may receive the same expense allowance as that received by members of the General Assembly and the same mileage allowance for the use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier within the state. Any board member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his or her duties as a board member. For each day's service outside of the state as a board member, such member shall receive actual expenses as an expense allowance as well as the same mileage allowance for the use of a personal car as that received by other state officials and employees or a travel allowance of actual transportation coat if traveling by public carrier or by rental motor vehicle. Expense vouchers submitted by members of the board are subject to approval by the president and the secretary-treasurer of the board. (b) The board shall hold two regular meetings each year, one in May or June and one in October. Call meetings may be held at the discretion of the president. All meetings will be held at a location to be approved by the board. The board shall adopt a seal, which must be affixed to all licenses issued by the board. (c) A majority of the appointed members of the board shall constitute a quorum for the transaction of business by the board. {eKd) The board shall from time to time adopt such rules and regulations as it may deem necessary for the performance of its duties and shall examine and pass upon the qualifications of applicants for the practice of medicine. {d>(e) The board shaH recommend te the Secretory of- State, and the Secretary ef State may appoint; professionally qualified persons to serve as members of peer review committees.
(f)(l) The board may appoint an executive director and such other employees and investigators as the board deems necessary to assist it in carrying out its duties as specified under this chapter. The board shall determine the compensation and benefits for any such personnel. (2) Persons hired for the purpose of conducting investigations for the board shall be designated as investigators and any person so designated shall have all the powers of a peace officer of this state when engaged in the enforcement of this chapter or of any of the laws creating or related to the board. Such investigators shall be authorized, upon the written approval of the president of the board, notwithstanding Code Sections 16-11-126, 16-11-128, and 16-11-129. to carry firearms of a caliber not greater than the standard police .38 handgun. Any person designated as an investigator within the meaning of this subsection shall be considered to be a peace officer. (g) The board is authorized to charge an examination fee, license fee, license renewal fee, or similar fee and may establish the amount of the fee to be charged. Each fee so established shall be reasonable and shall be determined in such a manner that the total amount of fees charged by the board shall approximate the total of the direct and indirect costs to the state of the operations of the board. Fees may be refunded for good cause, as determined by the board."
SECTION 5. Said chapter is further amended by adding between Code Sections 43-34-24 and 43-34-25 a new Code Section 43-34-24.1 to read as follows:
"43-34-24.1.
(a) It shall be the duty of the executive director to bring together and keep all records relating to the board, receive all applications for licenses, schedule the time and place for examinations and hearings, and issue certificates upon the authority of the board. The executive director may provide for inactive status licenses for the board.

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(b) Except as otherwise provided by law, the executive director shall collect all fees required by law in connection with the licensing of professionals under this chapter and shall remit such fees to the Office of Treasury and Fiscal Services for deposit into the general fund of the state. Notwithstanding any other provision of law, the executive director is authorized to retain all funds received as collection fees for use in defraying the cost of the collection of fees required under this chapter; provided, however, that nothing in this Code section shall be construed so as to allow the executive director to retain any funds required by the Constitution to be paid into the state treasury; and provided, further, that the executive director shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such funds. (c) The executive director shall prepare and maintain a roster containing the names and addresses of all current licensees. A copy of such roster shall be available to any person upon request at a fee prescribed by the executive director sufficient to cover the cost of printing and distribution. Information which shall be treated as confidential and need not be disclosed without the approval of the board shall include applications and other personal information submitted by applicants; information, favorable or unfavorable, submitted by a reference source concerning an applicant; examination questions and other examination materials; and board deliberations with respect to an application, examination, complaint, investigation, or disciplinary proceeding. The confidentiality of certain information pursuant to this subsection shall be an exception to Article 4 of Chapter 18 of Title 50, except for entries regarding such information that may be contained in official board minutes. (d) All orders and processes of the board shall be signed and attested by the executive director in the name of the board with the seal of such board attached. Any notice or legal process necessary to be served upon the board may be served upon the executive director."
SECTION 6. Said chapter is further amended by striking subparagraph (a)(l)(A) of Code Section 43-34-27, relating to license requirement for persons engaged in practice of medicine, and inserting in lieu thereof a new subparagraph (a)(l)(A) to read as follows:
"(a)(l)(A) Any person who wishes to obtain the right to practice medicine in this state and who was not, prior to March 16, 1970, registered or licensed to practice medicine, either by the State Board of Medical Examiners or the State Board of Examiners hi Osteopathy, shall, before it shall be lawful for him or her to practice medicine in this state, make application to the board through the joint secretory, upon such forms and in such manner as shall be adopted and prescribed by the board, and shall obtain from the board a license to practice medicine. Any person who practices medicine without first having obtained a license shall be deemed to have violated this chapter. All applicants for a license to practice medicine or for a renewal of any such license which has been revoked shall furnish the board with evidence of good moral character. Applications from candidates to practice medicine or surgery in any of its branches shall be accompanied by proof that the applicant is a graduate of one of the twe four colleges of medicine now existing in this state; or from some other legally incorporated medical college or osteopathic college."
SECTION 7. Said chapter is further amended by striking Code Section 43-34-32, relating to temporary licenses, and inserting in lieu thereof a new Code Section 43-34-32 to read as follows:
"43-34-32.
The joint-secretary; with the approval of- the proaidcnt of- the board; may in h its discretion issue a temporary license to an applicant, which license shall have the same force and effect as a permanent license until the next regular meeting of the board when the temporary license shall become void. A temporary license shall not be recorded."
SECTION 8. Said chapter is further amended by adding between Code Sections 43-34-32 and 43-34-33 a new Code Section 43-34-32.1 to read as follows:

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"43-34-32.1.
The board may provide for inactive status licenses."
SECTION 9. Said chapter is further amended by striking subsection (b) of Code Section 43-34-35, relating to the issuance of a license upon presentation of evidence of required qualifications and display of licenses, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) It shall be the duty of the joint secretary-, ender the direction of the board, te aid Attorney General to assist the board in the enforcement of this chapter and in the prosecution of all persons charged with violations of its provisions."
SECTION 10. Said chapter is further amended by adding between Code Sections 43-34-35 and 43-34-36 new Code Sections 43-34-35.1 and 43-34-35.2 to read as follows:
"43-34-35.1.
Each application for a license to practice medicine shall include a question as to whether the applicant for such license:
(1) Has had revoked, suspended, or otherwise sanctioned any license issued to the applicant by any board or agency in this state or any other state; or (2) Was denied issuance of or, pursuant to disciplinary proceedings, refused renewal of a license by any board or agency in this state or any other state. Such question shall be answered under oath and the answer, if applicable, shall include the name of the board or agency which revoked, suspended, denied, refused renewal of, or otherwise sanctioned the license.
43-34-35.2. (a) The executive director shall determine the expiration, renewal, and penalty dates for each license and certificate issued by the board which is subject to renewal. Before becoming effective, such expiration, renewal, and penalty dates must be approved by the board. (b) Each license and certificate issued by the board which is subject to renewal shall be valid for up to two years and shall be renewable biennially on the renewal date established by the executive director and as approved by the board. (c) The executive director is authorized to adopt the necessary rules and regulations to implement the biennial renewal of licenses and certificates in such a manner as to ensure that the number of renewals is reasonably evenly distributed throughout each two-year period."
SECTION 11. Said chapter is further amended by striking Code Section 43-34-36, relating to the recording of licenses with clerk of the superior court, and inserting in lieu thereof a new Code Section 43-34-36 to read as follows:
"43-34-36.
Before any person who obtains a license from the board may lawfully practice medicine, he or she shall cause the license to be recorded in the office of the clerk of the superior court of the county in which he or she resides. The license shall be recorded by the clerk in a book kept for that purpose and shall be indexed in the name of the person to whom the license is granted. The clerk's fee for recording the license shall be the same as for recording a deed. The clerk shall make a report to the joint-secretary board, on December 31 of each year, of all licenses registered with him the clerk. Each applicant receiving a license from the board shall cause the same to be registered within 30 days."
SECTION 12. Said chapter is further amended by striking Code Section 43-34-37, relating to the authority of the board to refuse a license to or to discipline a physician, and inserting in lieu thereof a new Code Section 43-34-37 to read as follows:

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"43-34-37.
(a) The board shall have authority to refuse to grant a license to an applicant or to discipline a physician licensed under this chapter or any antecedent law upon a finding by the board that the licensee or applicant has:
(1) Failed to demonstrate the qualifications or standards for a license contained in this chapter or in the rules and regulations of the board. It shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he or she meets all requirements for the issuance of a license; and, if the board is not satisfied as to the applicant's qualifications, it shall not issue a license; (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of medicine or in any document connected therewith, or practiced fraud or deceit or intentionally made any false statement in obtaining a license to practice medicine, or made a false or deceptive biennial registration with the board; (3) Been convicted of a felony in the courts of this state or any other state, territory, country, or of the United States. As used in this paragraph, the term 'conviction of a felony' shall include a conviction of an offense which if committed in this state would be deemed a felony under either state or federal law, without regard to its designation elsewhere. As used in this paragraph, the term 'conviction' shall include a finding or verdict of guilt, a plea of guilty, or a plea of nolo contenders in a criminal proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon;
(4) Committed a crime involving moral turpitude, without regafd te conviction; the-
ef such crime: Aa ttseel in this paragraph, the -term 'conviction' ahaH have the moaning prescribed m paragraph {3} ef this subsection Been arrested, charged, and sentenced for the commission of any felony or any crime involving moral turpitude for which first offender treatment without adjudication of guilt pursuant to the charge was granted or an adjudication of guilt or sentence was otherwise withheld or not entered on the charge, except with respect to a plea of nolo contendere. An order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42 or any other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime. For the purpose of this chapter, a conviction or plea of guilty or of nolo contendere to a charge or indictment by either federal or state government for income tax evasion shall not be considered a crime involving moral turpitude;
(5) Had his or her license to practice medicine revoked, suspended, or annulled by any lawful licensing authority; e* had other disciplinary action taken against him or her by any lawful licensing authority; or was been denied a license by any lawful licensing authority; or been refused the renewal of a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings; (6) Advertised for or solicited patients; obtained a fee or other thing of value on the representation that a manifestly incurable disease can be permanently cured; or made untruthful or improbable statements, or flamboyant or extravagant claims concerning his or her professional excellence; (7) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice need not have resulted in actual injury to any person. As used in this paragraph, the term 'unprofessional conduct' shall include any departure from, or failure to conform to, the minimal standards of acceptable and prevailing medical practice and shall also include, but not be limited to, the prescribing or use of drugs, treatment, or diagnostic procedures which are detrimental to the patient as determined by the minimal standards of acceptable and prevailing medical practice or by rule of the board; (8) Performed, procured, or aided or abetted in performing or procuring a criminal abortion;
(9) Knowingly maintained a professional connection or association with any person who is in violation of this chapter or the rules or regulations of the board; or knowingly aided, assisted, procured, or advised any person to practice medicine contrary to this chapter or to the rules and regulations of the board; or knowingly performed any

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act which in any way aids, oaaiata, procures, adviaca, ef encourages aided, assisted, procured, advised, or encouraged any unlicensed person or entity to practice medicine; or divided fees or agreed to divide fees received for professional services with any person, firm, association, corporation, or other entity for bringing or referring a patient; (10) Violated or attempted to violate a law, 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 law, rule, or regulation relates to or in part regulates the practice of medicine, when the licensee or applicant knows or should know that such action is violative of such law, rule, or regulation; or violated a lawful order of the board, previously entered by the board in a disciplinary hearing;
(11) Committed any act or omission which is indicative of bad moral character or untrustworthiness;
(12) Been adjudged mentally incompetent by a court of competent jurisdiction, within or outside this state. Any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect unless the board, upon a finding that the licensee is mentally competent, orders otherwise. Any applicant who has been so adjudged to be mentally incompetent shall not receive a license unless the board, upon a finding that the applicant is mentally competent, orders otherwise; e*
(13) Become unable to practice medicine with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition subject to the following:?
(A) In enforcing this paragraph the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by physicians designated by the board. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21. Every person who shall accept the privilege of practicing medicine in this state or who shall file an application for a license to practice medicine in this state shall be deemed to have given his or her consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board, upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond his or her control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee or applicant who is prohibited from practicing medicine under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that he or she can resume or begin the practice of medicine with reasonable skill and safety to patients?-
(B) For the purposes of this paragraph, the board may obtain through subpoena by the executive director or president of the board, upon reasonable grounds, btek any and all records relating to the mental or physical condition of a licensee or applicant, including psychiatric records; and such records shall be admissible in any hearing before the board, notwithstanding any privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21. Every person who shall accept the privilege of practicing medicine in this state or who shall file an application to practice medicine in this state shall be deemed to have given his or her consent to the board's obtaining any such records and to have waived all objections to the admissibility of such records in any hearing before the board, upon the grounds that the same constitute a privileged communication?; and
(C) If any licensee or applicant could, in the absence of this paragraph, invoke a privilege to prevent the disclosure of the results of the examination provided for in subparagraph (A) of this paragraph or the records relating to the mental or physical condition of such licensee or applicant obtained pursuant to subparagraph (B) of this paragraph, all such information shall be received by the board in camera and shall not be disclosed to the public, nor shall any part of the record containing such

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information be used against any licensee or applicant in any other type of proceeding] or (14) Failed to comply with an order for child support as defined by. Code Section 19-11-9.3; it shall be incumbent upon the applicants or licensee to supply a notice of release to the board from the child support agency within the Department of Human Resources indicating that such applicant or licensee has come into compliance with an order for child support so that a license may be issued or granted if all other condi-
tions for licensure are met. (b)(l) When the board finds that any person is unqualified to be granted a license or finds that any person should be disciplined pursuant to subsection (a) of this Code section, the board may take any one or more of the following actions:
(A) Refuse to grant a license to an applicant; (B) Administer a public or private reprimand, provided that a private reprimand shall not be disclosed to any person except the licensee; (C) Issue a letter of concern, provided that the letter shall not be disclosed to any
person except the licensee or applicant; Suspend any license for a definite period; Limit or restrict any license;
{E}(F) Revoke any license; {F}(G) Condition the penalty, or withhold formal disposition, upon the physician's submission to the care, counseling, or treatment of physicians or other professional persons, and the completion of such care, counseling, or treatment, as directed by the boardjt (H) Impose a fine not to exceed $500.00 for each violation of a law, rule, or regulation relating to the practice of medicine: or
(I) Impose on a licensee or applicant fees or charges in an amount necessary to reimburse the board for the administrative and legal costs incurred by the board in conducting an investigative or disciplinary proceeding.
(2) In addition to and in conjunction with the actions enumerated pursuant to paragraph (1) of this subsection, the board may make a finding adverse to the licensee or applicant but withhold imposition of judgment and penalty; or it may impose the judgment and penalty but suspend enforcement thereof and place the physician on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose.
(c) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' with respect to emergency action by a state examining board and the summary sus-' pension of a license are adopted and incorporated by reference into this Code section
(d) The voluntary surrender of a license or the failure to renew a license b^ the end of an established penalty period shall have the same effect as a revocation of such license, subject to reinstatement of such license in the discretion of the board. The board may restore and reissue a license and, as a condition thereof, may impose any disciplinary sanction provided by this Code section or the rules and regulations of the board.
{eHe) In its discretion, the board may restore reinstate and reissue a license to practice medicine issued under this chapter or any antecedent law and, as a condition thereof, may impose any disciplinary or corrective measure provided in this chapter.
{dKf) The joint-secretary board is vested with the power and authority to make, or cause to be made through employees or agents of the board, such investigations as he or she, or the board, or any district attorney may deem necessary or advisable in the enforcement of this chapter. Any person properly conducting an investigation on behalf of the board shall have access to and may examine any writing, document, or other material, except that as to which privilege has not been denied or deemed waived by this chapter, and which is deemed by the president of the board, or vice-president if the president is not available, to be related to the fitness of any licensee or applicant to practice medicine. The joint secretary executive director or the president of the board, or vice-president if the president is not available, may issue subpoenas to compel such access. When a subpoena is disobeyed, the board may apply to the superior court of the

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county where the person to whom the subpoena is issued resides for an order requiring obedience. Failure to comply with such order shall be punishable as for contempt of court. The results of any investigations whatsoever shall be reported only to the board, and the records of such investigations shall be kept by the board; no part of any such record shall be released for any purpose other than a hearing before the board; nor shall such records be subject to subpoena. {e>(g) In any hearing to determine a licensee's or applicant's fitness to practice medicine, any record relating to any patient of the licensee or applicant shall be admissible into evidence, regardless of any statutory privilege which such patient might otherwise be able to invoke. In addition, no such patient may withhold testimony bearing upon a licensee's or applicant's fitness to practice medicine on the ground of privilege between such licensee or applicant and such patient. Any testimony or written evidence relating to a patient of a licensee or applicant or to the record of any such patient shall be received by the board in camera and shall not be disclosed to the public. ffHh) In any hearing in which the fitness of a licensee or applicant to practice medicine is in question, the board may exclude all persons from its deliberation of the appropriate action to be taken and may, when in its discretion it deems it necessary, speak to a licensee or applicant in private.
This Code section is enacted in the public welfare and shall be liberally construed. A person, partnership, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting or investigating the acts or omissions of a licensee or applicant which violate the provisions of subsection (a) of this Code section or any other provisions of law relating to a licensee's or applicant's fitness to practice medicine or for initiating or conducting proceedings against such licensee or applicant, if such report is made or action is taken in good faith without fraud or malice. Any person who testifies in good faith without fraud or malice before the board hi any proceeding involving a violation of subsection (a) of this Code section or any other law relating to a licensee's or applicant's fitness to practice medicine, or who makes a recommendation to the board in the nature of peer review, shall be immune from civil and criminal liability for so testifying. (iMk) The board shall investigate a licensee's fitness to practice medicine if the board has received regarding that licensee a notification, pursuant to Code Section 33-3-27, of a medical malpractice judgment or settlement in excess of $100,000.0= or a notification pursuant to Code Section 33-3-27 that there have been two or more previous judgments against or settlements with the licensee relating to the practice of medicine. Every licensee shall notify the board of any settlement involving the licensee and relating to the practice of medicine in excess of $20,000.00. (1) This Code section shall apply equally to all licensees or applicants for licensure whether individuals, partners, or members of any other incorporated or unincorporated associations, corporations, limited liability companies, or other associations of any kind whatsoever. (m) Any licensed individual who is convicted under the laws of this state, the United States, or any other state, territory, or country of a felony as defined in paragraph (3) of subsection (a) of this Code section shall be required to notify the board of the conviction within ten days of the conviction. The failure of a licensed individual to notify the board of a conviction shall be considered grounds for revocation of his or her license or registration to practice medicine pursuant to this chapter."
SECTION 13. Said chapter is further amended by adding between Code Sections 43-34-37 and 43-34-38 new Code Sections 43-34-37.1, 43-34-37.2, and 43-34-37.3 to read as follows:
"43-34-37.1.
(a) Notwithstanding any other provisions of the law to the contrary, 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 practice of medicine without a license.

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(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 $500.00 for each transaction constituting a violation thereof. Each day that a person practices in violation of this chapter shall constitute a separate violation. (c) Initial judicial review of the decision of the board entered pursuant to this Code section shall be available solely in the superior court of the county of domicile of the board. The court may assess reasonable and necessary attorney's fees and expenses of litigation in any such review if, upon the motion of any party or the court itself, it finds that an attorney or any party aggrieved by an action of the board appealed such action of the board or any part thereof when such appeal lacked substantial justification. As used in this subsection, 'lacked substantial justification' means substantially frivolous, groundless, or vexatious. (d) 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.
43-34-37.2.
The executive director is authorized to provide to any lawful licensing authority of this or any other state upon inquiry by such authority information regarding a past or pending investigation of or disciplinary sanction against any applicant for licensure by or licensee of the board notwithstanding the provisions of subsections (f) through (h) of Code Section 43-34-37 or any other law to the contrary regarding the confidentiality of that information. Nothing in this Code section or chapter shall be construed to prohibit or limit the authority of the executive director to disclose to any person or entity information concerning the existence of any investigation for unlicensed practice being conducted against any person who is not licensed or is not an applicant for licensure by the board.
43-34-37.3.
Any person licensed by the board and who practices a 'profession,' as defined in Chapter 7 of Title 14, the 'Georgia Professional Corporation Act,' or who renders 'professional services,' as defined in Chapter 10 of Title 14, 'The Professional Association Act,' whether such person is practicing or rendering services as a proprietorship, partnership, professional corporation, professional association, other corporation, limited liability company, or any other business entity, shall remain subject to regulation by the board, and such practice or rendering of services in that business entity shall not change the law or existing standards applicable to the relationship between that person rendering a professional service and the person receiving such service, including but not limited to the rules of privileged communication and the contract, tort, and other legal liabilities and professional relationships between such persons."
SECTION 14. Said chapter is further amended by striking in its entirety Code Section 43-34-38, relating to prior notice and hearing in disciplinary proceedings, and inserting in lieu thereof a new Code Section 43-34-38 to read as follows:
"43-34-38.
(a) A notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding shall be served personally upon the licensee or applicant for licensure or shall be served by certified mail, return receipt requested, to the last known address for the licensee or applicant for licensure contained in the files of the board. If such material is served b^ certified mail and is returned marked 'unclaimed' or 'refused' or is otherwise undeliverable and if the licensee or applicant cannot, after diligent effort, be located, the executive director shall be deemed to be the agent for service for such licensee or applicant for purposes of this Code section, and service upon the executive director shall be deemed to be service upon the licensee or applicant. (b) Proceedings before the board wherein a licensee's right to practice medicine in this state is terminated, suspended, or limited or wherein a public reprimand is administered

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shall require prior notice to the licensee as provided in subsection (a) of this Code section and an opportunity for hearing; and such proceedings shall be considered contested cases within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Neither refusal of a license nor a private reprimand nor a letter of concern shall be considered a contested case within the meaning of Chapter 13 of Title 50, and notice and hearing within the meaning of such chapter shall not be required; bat the provided, however, that an applicant physician for licensure shall be allowed to appear before the board if fee se requests prior to the board making a final decision regarding the denial of the application for licensure. The power to subpoena as set forth in Chapter 13 of Title 50 shall include the power to subpoena any book, writing, paper, or document. If any licensee or applicant for licensure fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against such licensee or applicant for licensure and take action as if such licensee had been present."
SECTION 15. Said chapter is further amended by striking Code Section 43-34-39, relating to the duty of the joint-secretary to transmit a copy of revocation order to the clerk of superior court, and inserting in lieu thereof a new Code Section 43-34-39 to read as follows:
"43-34-39.
In all cases wherein a license has been revoked and no appeal has been entered within the time allowed by law, it shall be the duty of the joint-secretary board, immediately after the expiration of the time allowed for appeal, to transmit to the clerk of the superior court in whose office the revoked license is recorded a copy of the order of the board revoking the license, certified by the joint-secretary secretary-treasurer of the board, with the appropriate fee; and it shall be the duty of the clerk to cancel the record of the license by entering upon the face thereof a copy of the certified order. In a case in which appeal proceedings are had and not sustained, the revoked license shall be canceled in the manner above provided, immediately after the final termination of such case."
SECTION 16. Said chapter is further amended by adding following Code Section 43-34-46 a new Code Section 43-34-47 to read as follows:
"43-34-47.
The venue of any action involving the members of the board shall be governed by the laws of this state pertaining to venue. The executive director shall not be considered a member of the board in determining the venue of any such action, and no court shall have jurisdiction of any such action solely by virtue of the executive director residing or maintaining a residence within its jurisdiction."
SECTION 17. This Act shall become effective July 1, 1998.
SECTION 18. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Randall of the 127th, was read:

A BILL
To amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of physicians, physician's assistants, and respiratory care, so as to change the definition of a certain term; to provide that the Composite State Board of Medical Examiners shall function as a separate state agency and shall be a separate budget unit of state government; to provide for the appointment of members to the Composite State Board of Medical Examiners; to provide for the removal of members from office for certain cause; to provide that the Composite State Board of Medical Examiners shall have

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the authority to contract with medical associations or other professionally qualified organizations to assist it in carrying out its duties as required by this chapter or rules and regulations promulgated by the board; to authorize such board to establish administrative standards for the examination of applicants for licensure; to provide for an executive director and other employees of the Composite State Board of Medical Examiners and for their powers and duties; to provide for investigators; to provide for the determination of fees and refunds; to authorize point credit for veterans taking examinations given by the board; to provide that certain laws applicable to various state examining boards shall not apply to the Composite State Board of Medical Examiners or this chapter; to repeal provisions relating to the authority of the Secretary of State and the joint-secretary of the state examining boards in connection with regulating physicians, physician's assistants, and respiratory care and in connection with the affairs of the Composite State Board of Medical Examiners; to authorize the Composite State Board of Medical Examiners to assume additional powers and to exercise additional duties; to require applicants for licensure to provide certain information; to provide for the compensation and reimbursement of members of such board; to change the provisions relating to a temporary license to practice medicine; to authorize the Composite State Board of Medical Examiners to provide for inactive status licenses; to change the provisions relating to the issuance of licenses to practice medicine upon presentation of evidence of required qualifications; to change the provisions relating to the recording of licenses to practice medicine with the clerk of the superior court; to change the provisions relating to the authority of the board to refuse a license to practice medicine or discipline a physician; to provide for additional remedies and actions which the board may take against licensees or applicants for licensure; to provide for cease and desist orders against persons practicing medicine without a license; to provide civil penalties; to provide that licensed professionals shall be subject to regulation by the board; to provide for hearings; to provide for venue; 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 34 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of physicians, physician's assistants, and respiratory care, is amended by striking in its entirety paragraph (3) of Code Section 43-34-20, relating to definitions applicable under said chapter, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) 'To practice medicine' means to hold eae^s self oneself out to the public as being engaged in the diagnosis or treatment of disease, defects, or injuries of human beings; or the suggestion, recommendation, or prescribing of any form of treatment for the intended palliation, relief, or cure of any physical, mental, or functional ailment or defect of any person with the intention of receiving therefor, either directly or indirectly, any fee, gift, or compensation whatsoever; or the maintenance of an office for the reception, examination, and treatment of persons suffering from disease, defect, or injury of body or mind; or attaching the title 'M.D.,' 'Oph.,' 'D.,' 'Dop.,' 'Surgeon,' 'Doctor,' 'D.O.,' 'Doctor of Osteopathy,' either alone or in connection with other words, or any other words or abbreviations to one's name, indicating that such person is engaged in the treatment or diagnosis of disease, defects, or injuries to human beings, provided that the terms 'doctors of medicine,' 'doctors of medicine licensed to practice in the state,' and similar terms wherever used or appearing in this article or elsewhere shall mean and include only those persons who are licensed to practice medicine under this article."
SECTION 2. Said chapter is further amended by striking in its entirety Code Section 43-34-21, relating to the creation of the Composite State Board of Medical Examiners, and inserting in lieu thereof a new Code Section 43-34-21 to read as follows:
"43-34-21.
(a) A board is established within state government to be known as the Composite State Board of Medical Examiners. All members of the board shall be citizens of the United

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States and residents of this state. All appointments to the board shall be made by the Governor and confirmed by the Senate. The board shall function as a separate state agency and shall be a budget unit within the meaning of paragraph (10) ofCode Section 45-12-71. (b) Twelve of the members shall be practicing physicians of integrity and ability and shall be duly licensed to practice in this state. Ten of the 12 physician members shall be graduates of reputable medical schools conferring the M.D. degree; the other two physician members shall be graduates of reputable osteopathic schools conferring the D.O. degree. All of the physician members shall have been engaged in the active practice of their profession within this state for a period of at least five years. Any vacancy occurring in a post held by a holder of the D.O. degree shall be filled by a D.O. from the state at large. (c) The thirteenth member of the board shall be appointed from the state at large and shall have no connection whatsoever with the practice of medicine. (d) The board shall perform such duties and possess and exercise such powers relative to the protection of the public health and the control of regulation of the practice of medicine and osteopathy as this chapter prescribes and confers upon it and shall have
the power to carry out investigations; either through the joint-secretary er independently; provided, however, that the member of the board who is not a practicing physi-
cian may vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of physicians in this state.
(e)(l) The board shall appoint a Physician's Assistants Advisory Committee composed
of four physicians, at least two of whom shall be members of the board, and four licensed physician's assistants, who shall each serve for terms of office of two years
and until their successors are appointed and qualified. The committee shall review matters to come before the board which relate to physician's assistants, including but
not limited to applicants for physician's assistant licensure and relicensure and education requirements therefor, and proposed board regulations concerning physician's
assistants. The committee shall periodically make recommendations to the board regarding matters reviewed. Each member of the advisory committee shall be entitled
to the same expense allowances, mileage allowances, and reimbursement as members of the board as provided for in subsection (f) of Code Section 43-1-2.
(2) The committee shall appoint a physician's assistant in an advisory capacity to the board. The advisory person shall serve at the pleasure of the committee as an ex offi-
cio adviser to the board in all matters relating to physician's assistants and shall share in the privileges and benefits of the board without a vote.
(f) The board shall examine applicants to test their qualifications to practice medicine. The board shall also establish administrative standards for the examination of appli-
cants for licensure, notwithstanding any other provisions of law to the contrary. These administrative standards shall include setting of the date, time, and location of examina-
tions. The board may adopt examination criteria, grading procedures, fees, passing score requirements, and other matters pertaining to the examination of applicants for licen-
sure as necessary to implement licensing standards. Examination standards, including examination criteria, grading procedures, and passing score requirements, developed in
agreement or in conjunction with a national association of state boards or other related national association for the administration of a nationally recognized uniform examina-
tion may be adopted in lieu of state standards by the board. (g) When funds are specifically appropriated for such purpose, the board shall publish
an informational booklet on breast cancer and the treatment of breast cancer. The booklet shall contain a summary of the latest information on breast cancer and, in brief form,
shall discuss the generally accepted and widely prevailing medical and surgical treatments for breast cancer. The booklet shall include a valid assessment of the relative
risks and benefits of the accepted and widely prevailing methods of treatment. A copy of the booklet shall be made available by the board to every appropriate physician in
the state. A letter by the board shall accompany this booklet stating that the board urges the physician to distribute a copy of the booklet to each and every patient whose
suspected disease, disease, or course of treatment is covered by the material in the booklet. Copies shall also be available to any person upon request at a fee prescribed by the

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joint secretary board sufficient to cover the cost of printing and distribution. The booklet shall be updated and redistributed at such times as the board shall deem necessary, (h) The board shall have the authority to contract with medical associations or other professionally qualified organizations to conduct impaired physicians programs. (i) Upon the approval of the Office of Planning and Budget, the board shall have the authority to enter into such contracts as are deemed necessary to assist it in carrying out its duties as required bj; this chapter or rules and regulations promulgated by. the board; provided, however, that the board shall not enter into exclusive contracts with medical associations or other organizations for the purpose of conducting peer review. (j) The provisions of Chapter 1. and Chapter 1A of this title shall not apply to the Composite State Board of Medical Examiners or to the regulation of physicians, physician's assistants, and respiratory care; provided, however, that the board shall be authorized to provide point credit for veterans taking an examination under this chapter the same as allowed in Chapter 1 of this title or under other rules or conditions."
SECTION 3. Said chapter is further amended by striking in its entirety Code Section 43-34-22, relating to the composition of the State Board of Medical Examiners, which reads as follows:
"43-34-22.
The members of the State Board of Medical Examiners shall serve for a term of four years and until successors are appointed and qualified. All reappointments and new appointments shall be made so that the various geographic regions of the state shall be represented. Any vacancy that may occur in the board as a result of death, resignation, removal from the state, or other cause shall be filled for the unexpired term in the same manner as regular appointments are made.", and inserting in lieu thereof the following:
"43-34-22.
(a) The Governor is authorized to appoint any person who is otherwise qualified as provided in this chapter to serve as a member of the board for a regular term or for an unexpired term notwithstanding the fact that the Governor is required to appoint members from a list of nominees submitted by state medical associations. (b) Each person appointed by the Governor as a member of the board shall be confirmed by the Senate, and any such appointment made when the Senate is not in session shall be effective until the appointment is acted upon. (c) The Governor, after notice and opportunity for hearing, may remove from office any member of the board for any of the following:
(1) Inability or neglect to perform the duties required of members; (2) Incompetence; or (3) Dishonest conduct.
43-34-22.1. The members of the Composite State Board of Medical Examiners shall serve for terms of four years each and until successors are appointed and qualified. All reappointments and new appointments shall be made so that the various geographic regions of the state shall be represented. Any vacancy that may occur on the board as a result of death, resignation, removal from the state, or other cause shall be filled for the unexpired term in the same manner as regular appointments are made."
SECTION 4. Said chapter is further amended by striking Code Section 43-34-24, relating to the election of members of the Composite State Board of Medical Examiners and reimbursement of members, and inserting in lieu thereof a new Code Section 43-34-24 to read as follows:
"43-34-24.
(a) Immediately after the appointment and qualification of the members, the board shall meet and organize and shall elect a president^ and vice-president^ and secretarytreasurer. The board shall operate under the terms of Chapter 4 ef this title, providing

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for a joint secretory; and the joint-secretary shaH serve the beard as provided fey tew this chapter and the rules and regulations promulgated by the board. Each member of the board shall fee reimbursed as provided for at subsection {f} of Code Seetiea 43-1-2 may receive the same expense allowance as that received by members of the General Assembly and the same mileage allowance for the use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier within the state. Any board member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his or her duties as a board member. For each day's service outside of the state as a board member, such member shall receive actual expenses as an expense allowance as well as the same mileage allowance for the use of a personal car as that received by other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier or b_ rental motor vehicle. Expense vouchers submitted b^ members of the board are subject to approval by the president and the secretary-treasurer of the board. (b) The board shall hold two regular meetings each year, one in May or June and one in October. Call meetings may be held at the discretion of the president. All meetings will be held at a location to be approved by the board. The board shall adopt a seal, which must be affixed to all licenses issued by the board. (c) A majority of the appointed members of the board shall constitute a quorum for the transaction of business by the board. {e)(d) The board shall from time to time adopt such rules and regulations as it may deem necessary for the performance of its duties and shall examine and pass upon the qualifications of applicants for the practice of medicine. {et}(e) The board shall recommend te the Secretary ef- State, and the Secretory ef State may appoint; professionally qualified persons to serve as members of peer review committees.
(f)(l) The board may appoint an executive director and such other employees and investigators as the board deems necessary to assist it in carrying out its duties as specified under this chapter. The board shall determine the compensation and benefits for any such personnel. (2) Persons hired for the purpose of conducting investigations for the board shall be designated as investigators and any person so designated shall have all the powers of a peace officer of this state when engaged in the enforcement of this chapter or of any of the laws creating or related to the board. Such investigators shall be authorized, upon the written approval of the president of the board, notwithstanding Code Sections 16-11-126. 16-11-128, and 16-11-129, to carry firearms of a caliber not greater than the standard police .38 handgun. Any person designated as an investigator within the meaning of this subsection shall be considered to be a peace officer, (g) The board is authorized to charge an examination fee, license fee, license renewal fee, or similar fee and may establish the amount of the fee to be charged. Each fee so established shall be reasonable and shall be determined in such a manner that the total amount of fees charged by the board shall approximate the total of the direct and indirect costs to the state of the operations of the board. Fees may be refunded for good cause, as determined by the board."
SECTION 5. Said chapter is further amended by adding between Code Sections 43-34-24 and 43-34-25 a new Code Section 43-34-24.1 to read as follows:
"43-34-24.1.
(a) It shall be the duty of the executive director to bring together and keep all records relating to the board, receive all applications for licenses, schedule the time and place for examinations and hearings, and issue certificates upon the authority of the board. The executive director may provide for inactive status licenses for the board. (b) Except as otherwise provided by law, the executive director shall collect all fees required by law in connection with the licensing of professionals under this chapter and shall remit such fees to the Office of Treasury and Fiscal Services for deposit into the

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general fund of the state. Notwithstanding any other provision of law, the executive director is authorized to retain all funds received as collection fees for use in defraying the cost of the collection of fees required under this chapter; provided, however, that nothing in this Code section shall be construed so as to allow the executive director to retain any funds required by the Constitution to be paid into the state treasury; and provided, further, that the executive director shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such funds. (c) The executive director shall prepare and maintain a roster containing the names and addresses of all current licensees. A copy of such roster shall be available to any person upon request at a fee prescribed by the executive director sufficient to cover the cost of printing and distribution. Information which shall be treated as confidential and need not be disclosed without the approval of the board shall include applications and other personal information submitted by applicants; information, favorable or unfavorable, submitted by a reference source concerning an applicant; examination questions and other examination materials; and board deliberations with respect to an application, examination, complaint, investigation, or disciplinary proceeding. The confidentiality of certain information pursuant to this subsection shall be an exception to Article 4 of Chapter 18 of Title 50, except for entries regarding such information that may be contained in official board minutes. (d) All orders and processes of the board shall be signed and attested by the executive director in the name of the board with the seal of such board attached. Any notice or legal process necessary to be served upon the board may be served upon the executive director."
SECTION 6. Said chapter is further amended by striking subparagraph (a)(l)(A) of Code Section 43-34-27, relating to license requirement for persons engaged in practice of medicine, and inserting in lieu thereof a new subparagraph (a)(l)(A) to read as follows:
"(a)(l)(A) Any person who wishes to obtain the right to practice medicine in this state and who was not, prior to March 16, 1970, registered or licensed to practice medicine, either by the State Board of Medical Examiners or the State Board of Examiners in Osteopathy, shall, before it shall be lawful for him or her to practice medicine in this state, make application to the board through the joint-secretary, upon such forms and in such manner as shall be adopted and prescribed by the board, and shall obtain from the board a license to practice medicine. Any person who practices medicine without first having obtained a license shall be deemed to have violated this chapter. All applicants for a license to practice medicine or for a renewal of any such license which has been revoked shall furnish the board with evidence of good moral character. Applications from candidates to practice medicine or surgery in any of its branches shall be accompanied by proof that the applicant is a graduate of one of the twe four colleges of medicine now existing in this state; or from some other legally incorporated medical college or osteopathic college."
SECTION 7. Said chapter is further amended by striking Code Section 43-34-32, relating to temporary licenses, and inserting in lieu thereof a new Code Section 43-34-32 to read as follows:
"43-34-32.
The joint accrctary, with the approval of the president ef the board; may in his- its discretion issue a temporary license to an applicant, which license shall have the same force and effect as a permanent license until the next regular meeting of the board when the temporary license shall become void. A temporary license shall not be recorded."
SECTION 8. Said chapter is further amended by adding between Code Sections 43-34-32 and 43-34-33 a new Code Section 43-34-32.1 to read as follows:
"43-34-32.1.

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The board may provide for inactive status licenses."
SECTION 9. Said chapter is further amended by striking subsection (b) of Code Section 43-34-35, relating to the issuance of a license upon presentation of evidence of required qualifications and display of licenses, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) It shall be the duty of the joint-secretary, under tine direction ef- the beardy te aidAttorney General to assist the board in the enforcement of this chapter and in the prosecution of all persons charged with violations of its provisions."
SECTION 10. Said chapter is further amended by adding between Code Sections 43-34-35 and 43-34-36 new Code Sections 43-34-35.1 and 43-34-35.2 to read as follows:
"43-34-35.1.
Each application for a license to practice medicine shall include a question as to whether the applicant for such license:
(1) Has had revoked, suspended, or otherwise sanctioned any license issued to the applicant by any board or agency in this state or any other state; or (2) Was denied issuance of or, pursuant to disciplinary proceedings, refused renewal of a license by any board or agency in this state or any other state. Such question shall be answered under oath and the answer, if applicable, shall include the name of the board or agency which revoked, suspended, denied, refused renewal of, or otherwise sanctioned the license.
43-34-35.2. (a) The executive director shall determine the expiration, renewal, and penalty dates for each license and certificate issued by the board which is subject to renewal. Before becoming effective, such expiration, renewal, and penalty dates must be approved by the board. (b) Each license and certificate issued by the board which is subject to renewal shall be valid for up to two years and shall be renewable biennially on the renewal date established by the executive director and as approved by the board. (c) The executive director is authorized to adopt the necessary rules and regulations to implement the biennial renewal of licenses and certificates in such a manner as to ensure that the number of renewals is reasonably evenly distributed throughout each two-year period."
SECTION 11. Said chapter is further amended by striking Code Section 43-34-36, relating to the recording of licenses with clerk of the superior court, and inserting in lieu thereof a new Code Section 43-34-36 to read as follows:
"43-34-36.
Before any person who obtains a license from the board may lawfully practice medicine, he or she shall cause the license to be recorded in the office of the clerk of the superior court of the county in which he or she resides. The license shall be recorded by the clerk in a book kept for that purpose and shall be indexed in the name of the person to whom the license is granted. The clerk's fee for recording the license shall be the same as for recording a deed. The clerk shall make a report to the joint secretary board, on December 31 of each year, of all licenses registered with haa the clerk. Each applicant receiving a license from the board shall cause the same to be registered within 30 days."
SECTION 12. Said chapter is further amended by striking Code Section 43-34-37, relating to the authority of the board to refuse a license to or to discipline a physician, and inserting in lieu thereof a new Code Section 43-34-37 to read as follows:
"43-34-37.

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(a) The board shall have authority to refuse to grant a license to an applicant or to discipline a physician licensed under this chapter or any antecedent law upon a finding by the board that the licensee or applicant has:
(1) Failed to demonstrate the qualifications or standards for a license contained in this chapter or in the rules and regulations of the board. It shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he or she meets all requirements for the issuance of a license; and, if the board is not satisfied as to the applicant's qualifications, it shall not issue a license; (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of medicine or in any document connected therewith, or practiced fraud or deceit or intentionally made any false statement in obtaining a license to practice medicine, or made a false or deceptive biennial registration with the board;
(3) Been convicted of a felony in the courts of this state or any other state, territory, country, or of the United States. As used in this paragraph, the term 'conviction of a felony' shall include a conviction of an offense which if committed in this state would be deemed a felony under either state or federal law, without regard to its designation elsewhere. As used in this paragraph, the term 'conviction' shall include a
finding or verdict of guilt, 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; (4) Committed a crime involving mortA turpitude, without regard te conviction; fee conviction of ft cHfiwj involving moPfti turpitude 9ficui DC evidence of me co
ef saefe erimer As ttsed in this paragraph, -the -term 'conviction' -shall have the meaning
prescribed paragraph {3} of- this subsection Been arrested, charged, and sentenced for the commission of any felony or any crime involving moral turpitude for which first offender treatment without adjudication of guilt pursuant to the charge was
granted or an adjudication of guilt or sentence was otherwise withheld or not entered
on the charge, except with respect to a plea of nolo contendere. An order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42 or any other first offender
treatment shall be conclusive evidence of arrest and sentencing for such crime. For the purpose of this chapter, a conviction or plea of guilty or of nolo contendere to a charge or indictment by either federal or state government for income tax evasion
shall not be considered a crime involving moral turpitude;
(5) Had his or her license to practice medicine revoked, suspended, or annulled by any lawful licensing authority; er had other disciplinary action taken against him or
her by any lawful licensing authority; or was been denied a license by any lawful licensing authority; or been refused the renewal of a license by any such lawful licens-
ing authority other than the board, pursuant to disciplinary proceedings: (6) Advertised for or solicited patients; obtained a fee or other thing of value on the representation that a manifestly incurable disease can be permanently cured; or made
untruthful or improbable statements, or flamboyant or extravagant claims concerning his or her professional excellence;
(7) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice need not have resulted in actual injury to any person. As used in this paragraph, the term 'unprofessional con-
duct' shall include any departure from, or failure to conform to, the minimal stan-
dards of acceptable and prevailing medical practice and shall also include, but not be limited to, the prescribing or use of drugs, treatment, or diagnostic procedures which are detrimental to the patient as determined by the minimal standards of acceptable
and prevailing medical practice or by rule of the board; (8) Performed, procured, or aided or abetted in performing or procuring a criminal
abortion;
(9) Knowingly maintained a professional connection or association with any person who is in violation of this chapter or the rules or regulations of the board; or know-
ingly aided, assisted, procured, or advised any person to practice medicine contrary to this chapter or to the rules and regulations of the board; or knowingly performed any act which in any way aids, assists, procures, advises, e* encourages aided, assisted, pro-
cured, advised, or encouraged any unlicensed person or entity to practice medicine; or

FRIDAY, MARCH 6, 1998

1571

divided fees or agreed to divide fees received for professional services with any person, firm, association, corporation, or other entity for bringing or referring a patient; (10) Violated or attempted to violate a law, 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 law, rule, or regulation relates to or in part regulates the practice of medicine, when the licensee or applicant knows or should know that such action is violative of such law, rule, or regulation; or violated a lawful order of the board, previously entered by the board in a disciplinary hearing; (11) Committed any act or omission which is indicative of bad moral character or untrustworthiness;
(12) Been adjudged mentally incompetent by a court of competent jurisdiction, within or outside this state. Any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect unless the board, upon a finding that the licensee is mentally competent, orders otherwise. Any applicant who has been so adjudged to be mentally incompetent shall not receive a license unless the board, upon a finding that the applicant is mentally competent, orders otherwise; or
(13) Become unable to practice medicine with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition subject to the following^
(A) In enforcing this paragraph the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by physicians designated by the board. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21. Every person who shall accept the privilege of practicing medicine in this state or who shall file an application for a license to practice medicine in this state shall be deemed to have given his or her consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board, upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond his or her control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee or applicant who is prohibited from practicing medicine under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that he or she can resume or begin the practice of medicine with reasonable skill and safety to patients^
(B) For the purposes of this paragraph, the board may obtain through subpoena b_y the executive director or president of the board, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a licensee or applicant, including psychiatric records; and such records shall be admissible in any hearing before the board, notwithstanding any privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21. Every person who shall accept the privilege of practicing medicine in this state or who shall file an application to practice medicine in this state shall be deemed to have given his or her consent to the board's obtaining any such records and to have waived all objections to the admissibility of such records in any hearing before the board, upon the grounds that the same constitute a privileged communication;; and
(C) If any licensee or applicant could, in the absence of this paragraph, invoke a privilege to prevent the disclosure of the results of the examination provided for in subparagraph (A) of this paragraph or the records relating to the mental or physical condition of such licensee or applicant obtained pursuant to subparagraph (B) of this paragraph, all such information shall be received by the board in camera and shall not be disclosed to the public, nor shall any part of the record containing such information be used against any licensee or applicant in any other type of proceeding-or

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(14) Failed to comply with an order for child support as defined by Code Section 19-11-9.3: it shall be incumbent upon the applicants or licensee to supply a notice of release to the board from the child support agency within the Department of Human Resources indicating that such applicant or licensee has come into compliance with an order for child support so that a license may be issued or granted if all other conditions for licensure are met. (b)(l) When the board finds that any person is unqualified to be granted a license or finds that any person should be disciplined pursuant to subsection (a) of this Code section, the board may take any one or more of the following actions:
(A) Refuse to grant a license to an applicant; (B) Administer a public or private reprimand, provided that a private reprimand shall not be disclosed to any person except the licensee; (C) Issue a letter of concern, provided that the letter shall not be disclosed to any person except the licensee or applicant;
Suspend any license for a definite period; Limit or restrict any license; {E)(F) Revoke any license; ef {PKG) Condition the penalty, or withhold formal disposition, upon the physician's submission to the care, counseling, or treatment of physicians or other professional persons, and the completion of such care, counseling, or treatment, as directed by the boardjT (H) Impose a fine not to exceed $500.00 for each violation of a law, rule, or regulation relating to the practice of medicine; or
(I) Impose on a licensee or applicant fees or charges in an amount necessary to reimburse the board for the administrative and legal costs incurred by the board in conducting an investigative or disciplinary proceeding.
(2) In addition to and in conjunction with the actions enumerated pursuant to paragraph (1) of this subsection, the board may make a finding adverse to the licensee or applicant but withhold imposition of judgment and penalty; or it may impose the judgment and penalty but suspend enforcement thereof and place the physician on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose.
(c) The provisions of Chapter 13 of Title 60, the 'Georgia Administrative Procedure Act,' with respect to emergency action by a state examining board and the summary suspension of a license are adopted and incorporated by reference into this Code section
(d) The voluntary surrender of a license or the failure to renew a license by. the end of an established penalty period shall have the same effect as a revocation of such license, subject to reinstatement of such license in the discretion of the board. The board may restore and reissue a license and, as a condition thereof, may impose any disciplinary sanction provided by this Code section or the rules and regulations of the board.
feHe) In its discretion, the board may restore reinstate and reissue a license to practice medicine issued under this chapter or any antecedent law and, as a condition thereof, may impose any disciplinary or corrective measure provided in this chapter.
{dHf) The joint secretary board is vested with the power and authority to make, or cause to be made through employees or agents of the board, such investigations as he or she, or the board, or any district attorney may deem necessary or advisable in the enforcement of this chapter. Any person properly conducting an investigation on behalf of the board shall have access to and may examine any writing, document, or other material, except that as to which privilege has not been denied or deemed waived by this chapter, and which is deemed by the president of the board, or vice-president if the president is not available, to be related to the fitness of any licensee or applicant to practice medicine. The joint acerctory executive director or the president of the board, or vice-president if the president is not available, may issue subpoenas to compel such access. When a subpoena is disobeyed, the board may apply to the superior court of the county where the person to whom the subpoena is issued resides for an order requiring obedience. Failure to comply with such order shall be punishable as for contempt of

FRIDAY, MARCH 6, 1998

1573

court. The results of any investigations whatsoever shall be reported only to the board, and the records of such investigations shall be kept by the board; no part of any such record shall be released for any purpose other than a hearing before the board; nor shall such records be subject to subpoena. {e}^g} In any hearing to determine a licensee's or applicant's fitness to practice medicine, any record relating to any patient of the licensee or applicant shall be admissible into evidence, regardless of any statutory privilege which such patient might otherwise be able to invoke. In addition, no such patient may withhold testimony bearing upon a licensee's or applicant's fitness to practice medicine on the ground of privilege between such licensee or applicant and such patient. Any testimony or written evidence relating to a patient of a licensee or applicant or to the record of any such patient shall be received by the board in camera and shall not be disclosed to the public. tfKh) In any hearing in which the fitness of a licensee or applicant to practice medicine is in question, the board may exclude all persons from its deliberation of the appropriate action to be taken and may, when in its discretion it deems it necessary, speak to a licensee or applicant in private.
This Code section is enacted in the public welfare and shall be liberally construed, person, partnership, firm, corporation, association, authority, or other entity
shall be immune from civil and criminal liability for reporting or investigating the acts or omissions of a licensee or applicant which violate the provisions of subsection (a) of this Code section or any other provisions of law relating to a licensee's or applicant's fitness to practice medicine or for initiating or conducting proceedings against such licensee or applicant, if such report is made or action is taken in good faith without fraud or malice. Any person who testifies in good faith without fraud or malice before the board in any proceeding involving a violation of subsection (a) of this Code section or any other law relating to a licensee's or applicant's fitness to practice medicine, or who makes a recommendation to the board in the nature of peer review, shall be immune from civil and criminal liability for so testifying. {i>(k) The board shall investigate a licensee's fitness to practice medicine if the board has received regarding that licensee a notification, pursuant to Code Section 33-3-27, of a medical malpractice judgment or settlement in excess of $100,000.00 or a notification pursuant to Code Section 33-3-27 that there have been two or more previous judgments against or settlements with the licensee relating to the practice of medicine. Every licensee shall notify the board of any settlement involving the licensee and relating to the practice of medicine in excess of $20,000.00. (1) This Code section shall apply equally to all licensees or applicants for licensure whether individuals, partners, or members of any other incorporated or unincorporated associations, corporations, limited liability companies, or other associations of any kind whatsoever. (m) Any licensed individual who is convicted under the laws of this state, the United States, or any other state, territory, or country of a felony as defined in paragraph (3) of subsection (a) of this Code section shall be required to notify the board of the conviction within ten days of the conviction. The failure of a licensed individual to notify the board of a conviction shall be considered grounds for revocation of his or her license or registration to practice medicine pursuant to this chapter. (n) Notwithstanding any provision of this Code section to the contrary, the licensing boards of those other health care professionals licensed under this title or Title 26 shall have original authority and jurisdiction over their licensees. The Composite State Board of Medical Examiners shall have secondary authority and jurisdiction over such other licensees only when the complaint involves the practice of medicine without a license. In such cases, the board shall have authority to investigate the complaint, seek equitable relief as provided in Code Section 43-34-43, and refer the case to the appropriate law enforcement agency for prosecution."
SECTION 13.
Said chapter is further amended by adding between Code Sections 43-34-37 and 43-34-38 new Code Sections 43-34-37.1, 43-34-37.2, and 43-34-37.3 to read as follows:

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JOURNAL OF THE HOUSE,

"43-34-37.1.
(a) Notwithstanding any other provisions of the law to the contrary, 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 practice of medicine without a license. (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 $500.00 for each transaction constituting a violation thereof. Each day that a person practices in violation of this chapter shall constitute a separate violation. (c) Initial judicial review of the decision of the board entered pursuant to this Code section shall be available solely in the superior court of the county of domicile of the board. The court may assess reasonable and necessary attorney's fees and expenses of litigation in any such review if, upon the motion of any party or the court itself, it finds that an attorney or any party aggrieved by an action of the board appealed such action of the board or any part thereof when such appeal lacked substantial justification. As used in this subsection, 'lacked substantial justification' means substantially frivolous, groundless, or vexatious. (d) 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.
43-34-37.2. The executive director is authorized to provide to any lawful licensing authority of this or any other state upon inquiry by such authority information regarding a past or pending investigation of or disciplinary sanction against any applicant for licensure by or licensee of the board notwithstanding the provisions of subsections (f) through (h) of Code Section 43-34-37 or any other law to the contrary regarding the confidentiality of that information. Nothing in this Code section or chapter shall be construed to prohibit or limit the authority of the executive director to disclose to any person or entity information concerning the existence of any investigation for unlicensed practice being conducted against any person who is not licensed or is not an applicant for licensure by the board.
43-34-37.3. Any person licensed by the board and who practices a 'profession,' as defined in Chapter 7 of Title 14, the 'Georgia Professional Corporation Act,' or who renders 'professional services,' as defined in Chapter 10 of Title 14, 'The Professional Association Act,' whether such person is practicing or rendering services as a proprietorship, partnership, professional corporation, professional association, other corporation, limited liability company, or any other business entity, shall remain subject to regulation by the board, and such practice or rendering of services in that business entity shall not change the law or existing standards applicable to the relationship between that person rendering a professional service and the person receiving such service, including but not limited to the rules of privileged communication and the contract, tort, and other legal liabilities and professional relationships between such persons."
SECTION 14. Said chapter is further amended by striking in its entirety Code Section 43-34-38, relating to prior notice and hearing in disciplinary proceedings, and inserting in lieu thereof a new Code Section 43-34-38 to read as follows:
"43-34-38.
(a) A notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding shall be served personally upon the licensee or applicant for licensure or shall be served bj[ certified mail, return receipt requested, to the last known address for the licensee or applicant for licensure contained in the files of the board. If such material is served by certified mail and is returned marked 'unclaimed' or

FRIDAY, MARCH 6, 1998

1575

'refused' or is otherwise undeliverable and if the licensee or applicant cannot, after diligent effort, be located, the executive director shall be deemed to be the agent for service for such licensee or applicant for purposes of this Code section, and service upon the executive director shall be deemed to be service upon the licensee or applicant. (b) Proceedings before the board wherein a licensee's right to practice medicine in this state is terminated, suspended, or limited or wherein a public reprimand is administered shall require prior notice to the licensee as provided in subsection (a) of this Code section and an opportunity for hearing; and such proceedings shall be considered contested cases within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Neither refusal of a license nor a private reprimand nor a letter of concern shall be considered a contested case within the meaning of Chapter 13 of Title 50, and notice and hearing within the meaning of such chapter shall not be required; bat the provided, however, that an applicant physician for licensure shall be allowed to appear before the board if- he se requests prior to the board making a final decision regarding the denial of the application for licensure. The power to subpoena as set forth in Chapter 13 of Title 50 shall include the power to subpoena any book, writing, paper, or document. If any licensee or applicant for licensure fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against such licensee or applicant for licensure and take action as if such licensee had been present."
SECTION 15. Said chapter is further amended by striking Code Section 43-34-39, relating to the duty of the joint-secretary to transmit a copy of revocation order to the clerk of superior court, and inserting in lieu thereof a new Code Section 43-34-39 to read as follows:
"43-34-39.
In all cases wherein a license has been revoked and no appeal has been entered within the time allowed by law, it shall be the duty of the joint accrctory board, immediately after the expiration of the time allowed for appeal, to transmit to the clerk of the superior court in whose office the revoked license is recorded a copy of the order of the board revoking the license, certified by the joint-secretary secretary-treasurer of the board, with the appropriate fee; and it shall be the duty of the clerk to cancel the record of the license by entering upon the face thereof a copy of the certified order. In a case in which appeal proceedings are had and not sustained, the revoked license shall be canceled in the manner above provided, immediately after the final termination of such case."
SECTION 16. Said chapter is further amended by adding following Code Section 43-34-46 a new Code Section 43-34-47 to read as follows:
"43-34-47.
The venue of any action involving the members of the board shall be governed by the laws of this state pertaining to venue. The executive director shall not be considered a member of the board in determining the venue of any such action, and no court shall have jurisdiction of any such action solely by virtue of the executive director residing or maintaining a residence within its jurisdiction."
SECTION 17. This Act shall become effective July 1, 1999.
SECTION 18. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Brown of the 130th moves to amend the Floor substitute to HB 932 as follows:

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JOURNAL OF THE HOUSE,

Page 5 line 25 & 26 strike upon the approval of the Office of Planning and Budget
Page 5 line 30 strike exclusive
Page 5 lines 31 & 32 strike after associations put period after associations.

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

N Alien
N Andersen NAshe
E Bailey E Bannister NBarfoot
Barnard NBames N Bates NBenefield NBirdsong YBohannon Y Bordeaux N Bradford NBreedlove Y Bridges N Brooks Y Brown EBuck NBuckner YBunn
E Burkhalter NByrd
Campbell
N Canty NCash N Channell
Y Childers N Clark NCoan N Coleman, B N Coleman, T
Connell N Cooper N Crawford
N Crews

N Culbreth N Cummings N Davis, G Y Davis, M EDay N DeLoach, B Y DeLoach, G NDta NDixon NDobbs N Dukes NEhrhart NEpps N Evans
Everett N Felton
NFloyd N Franklin
N Golden N Graves NGreene N Grindley N Hammontree N Banner
Harbin N Heard NHecht NHeckstall NHegstrom NHenson N Holland
N Holmes N Houston
Howard YHudgens N Hudson, H

N Hudson, N N Hugley NIrvin N Jackson
N James N Jamieson NJenkins
Johnson Y Johnston N Jones
N Joyce NKaye NLadd YLakly NLane NLee N Lewis YLord N Lucas NMaddox NMann N Manning Y Martin, J N Martin, J.L NMassey NMcBee NMcCall N McClinton N McKinney N Mills
N Mobley N Mosley N Mueller NO'Neal YOrrock NParham

NParrish N Parsons N Pelote Y Perry
Pinholster YPoag NPolak
N Ponder N Porter NPowell
NPureell NRagas NRandall NRay N Reaves
N Reichert YRice Y Richardson
N Roberts N Rogers Y Royal Y Sanders NSauder N Scarlett YScheid N Scott Y Shanahan
Shaw NSherrill N Shipp YSims 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 NSmyre NSnelling NSnow NStallings Y Stancil, F N Stancil, S N Stanley, L N Stanley, P N Stephens N Taylor ETeague NTeper
Thomas NTillman E Titus N Tolbert NTrense
Y Turnquest NTwiggs N Walker, L N Walker, R.L N Watson NWest Y Westmoreland NWhi taker N Wiles N Williams, B N Williams, J N Williams, R N Worthan
YYates Murphy, Spkr

On the adoption of the amendment, the ayes were 28, nays 134. The amendment was lost.

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

Y Alien Y Andersen YAshe E Bailey E Bannister
YBarfoot Barnard
YBarnes Y Bates Y Benefield YBirdsong

N Bohannon N Bordeaux Y Bradford Y Breedlove
Y Bridges Y Brooks N Brown EBuck N Buckner NBunn E Burkhalter

YByrd Campbell
Y Canty
YCash Y Channell N Childers Y Clark YCoan Y Coleman, B N Coleman, T
Connell

Y Cooper N Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M EDay Y DeLoach, B N DeLoach, G YDix

Y Dixon YDobbs Y Dukes YEhrhart
YEpps Y Evans
Everett
Y Felton Y Floyd N Franklin Y Golden

FRIDAY, MARCH 6, 1998

1577

Y Graves YGnene YGrindley Y Hammontne
NHanner Harbin
Y Heard YHecht YHeckstall NHegstrom YHenson N Holland N Holmes Y Houston
Howard NHudgens Y Hudson, H Y Hudson, N
YHugley Ylrvin Y Jackson Y Janus Y Jamieson YJenkins
Johnson

Y Johnston Y Jones Y Joyce
YKaye YLadd NLakly YLane YLee Y Lewis YLord Y Lucas YMaddox YMann Y Manning N Martin, J Y Martin, J.L YMassey YMcBee
McCall Y McClinton YMcKinney Y Mills
YMobley YMosley YMueUer

NO'Neal NOrrock YParham
YPanish Y Parsons Y Pelote N Perry
Pinholster
YPoag YPolak Y Ponder Y Porter YPowell YPurcell
YRagas YRandall YRay Y Reaves YReichert NRice Y Richardson Y Roberts Y Rogers N Royal N Sanders

Y Sauder YScarlett N Scheid N Scott YShanahan YShaw YShenill YShipp YSirns 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 YTeper
Thomas YTillman
E 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
Yates Murphy, Spkr

On the adoption of the Floor substitute, the ayes were 135, nays 26. The Floor substitute was adopted.

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

Y Alien
Y Anderson YAshe E Bailey E Bannister
Barfoot Barnard YBarnes Y Bates Y Benefield YBirdsong NBohannon N Bordeaux Y Bradford YBreedlove Y Bridies Y Brooks N Brown
EBuck NBuckner
NBunn EBurkhalter
YByrd Campbell
Y Canty
YCash Y Channell NChilders Y Clark
YCoan YColeman, B YColeman, T
Connell
Y Cooper NCrawford Y Crews

YCulbreth Y Cummings Y Davis, G Y Davis, M
EDay YDeLoach, B NDeLoach, G
YDix YDizon YDobbs Y Dukes YEhrhart YEpps Y Evans YEverett YFelton YFloyd N Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree YHanner
Harbin Y Heard
YHecht YHeckstall NHegBtrom YHenson N Holland N Holmes N Houston
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 NLakly YLane YLee Y Lewis YLord
Y Lucas Y Maddox YMann Y Manning
N Martin, J Y Martin, J.L
YMassey YMcBee Y McCall Y McClinton YMcKinney Y Mills
Y Mobley YMosley Y Mueller YO'Neal NOrrock
YParham

YParrish Y Parsons Y Pelote N Perry
Pinholster YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas YRandall YRay Y Reaves
Y Reichert NRice N Richardson Y Roberts Y Rogers N Royal Y Sanders Y Sauder
YScarlett N Scheid N 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 ETeague YTeper
Thomas YTillman
E Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson
West N Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan N Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 137, nays 24.

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JOURNAL OF THE HOUSE,

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

Representative Sinkfield of the 57th 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 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.

The following amendment was read and adopted:

Representative Mueller of the 152nd moves to amend HR 1187 on page 2 delete lines 1-9 and add
The above-described property being all that property in that certain general warranty deed from D. Scott Hudgens and John E. Singleton to the State of Georgia dated November 26, 1974, and being real property record number 05971 on file in the offices of the State Properties Commission and may be more particularly described on plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; and

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

Y Alien
YAndenon YAshe E Bailey E Bannister YBarfoot
Barnard YBaraea Y Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford
Y Breedlove Y Bridges Y Brooks Y Brown EBuck Y Buckner YBunn E Burkhalter YByrd
Campbell Y Canty YCash Y Channel! Y Childera Y Clark YCoan
Y Coleman, B Y Coleman, T
Cornell Y Cooper Y Crawford Y Crews

Y Culbreth
Y Davi, G Y Davia, M EDay Y DeLoach, B Y DeLoach, G YDii YDiion YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton
Floyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hanunontree Y Manner
Harbin Y Heard YHecht YHeckstall Y Hegstrom
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
Johnson Y Johnston Y Jones
Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddoi YMann Y Manning Y Martin, J
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
Pinholster
YPoag Polak
Y Ponder Y Porter Y Powell Y Purcell
YRagas Randall
YRay Y Reaves Y Reichert YRice Y Richardson
Y Roberts Y Rogers Y Royal
Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw YSherriU YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P E Smith, T
Smith, V YSmyre Y SneUing YSnow YStaUings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague YTeper
Thomas YTillman E Titus Y Tolbert YTrense Y 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 Y Worthan YYates
Murphy, Spkr

FRIDAY, MARCH 6, 1998

1579

On the adoption of the Resolution, as amended, the ayes were 155, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

The Speaker assumed the Chair.

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.

The following Committee substitute was read and adopted:

A BILL
To amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for a definition; to authorize a modification of the state plan for medical assistance; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," is amended by adding to Code Section 49-4-141, relating to definitions, a new paragraph (4.1) to read as follows:
"(4.1) 'Institution for mental diseases' means a hospital, nursing facility, or other institution that is primarily engaged in providing diagnosis, treatment, or care of persons with mental diseases, including medical attention, nursing care, and related services."
SECTION 2. Said article is further amended by adding at the end of Code Section 49-4-142, relating to the Department of Medical Assistance and the state plan for medical assistance, a new subsection (d) to read as follows:
"(d) Subject to the provisions of the appropriations Act and fees as determined by the department, the department is authorized to provide in the state plan for medical assistance and the rules or regulations of the department for reimbursement for inpatient and outpatient behavioral health care in institutions for mental diseases in addition to other currently eligible hospitals, facilities, or individual practitioners and without regard to tax exempt or for profit status; provided, however, that such provisions in the state plan shall provide for reimbursement in such institutions for recipients under 21 years of age or under 22 years of age who had begun receiving inpatient or outpatient behavioral health care services immediately before their twenty-first birthday. The department is authorized to establish advisory committees which shall include consumers, families, adolescent service providers, members of regional and community service boards, individual providers, agency representatives and other stake holders to commence such services through three or more pilot projects. If so amended, the state plan for medical assistance shall require, to the extent possible by use of case management and utilization review programs, precertification, selective contracting, or other alternatives designed to control costs, that expenditures of state funds for inpatient and outpatient behavioral health care services for the defined population shall not increase above the levels of state funds for the previous fiscal year for inpatient and outpatient services to adolescents expended by the department or any department participating in the plan amendment or waiver, adjusted according to the health care component of the Consumer Price

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Index and adjusted by appropriations by the General Assembly for the current fiscal year. Such programs of cost control shall, to the extent feasible and appropriate, operate by or through the regional boards, established by Chapter 2 of Title 37, or their designees, or through other multiagency or advisory boards working with such regional boards and the department. On or before November 1, 1998, the department shall forward the appropriate public notice of the plan modifications to the Board of Medical Assistance for approval. Subject to and immediately upon such approval, the department shall forward such provisions, including any applications for modification to any previously approved federal Medicaid waivers or any necessary additional waiver, to the Governor and the appropriate federal authorities for approval. To the extent that the department must make provisions in its policies and procedures pursuant to this subsection, such provisions shall be adopted and implemented no later than 90 days following the approval of the provisions in the state plan by the federal authorities. Nothing in this subsection shall prohibit the department from pursuing other waivers it elects to pursue to improve the delivery of adolescent services."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. This Act shall be automatically repealed on June 30, 2001.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien
Y Andersen YAshe E Bailey E Bannister NBarfoot
Barnard YBamn N Bates YBenefield
Birdsong Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown EBuck
YBuckner Bunn
E Burkhalter YByrd
Y Campbell Y Canty YCasb Y Channel! YChilders Y Clark
YCoan Y Coleman, B Y Coleman, T
Connell Y Cooper Y Crawford Y Crews

Y Culbreth Y CummingB Y Da , G Y Davis, M EDay Y DeLoach, B Y DeLoach, G YDii YDiion
YDobbs Y Dukes YEhrhart YEpps Y Evans YEverett Y Felton
Floyd Y Franklin
N Golden Y Graves YGreene Y Grindley Y Hammontree Y Manner
Harbin
Y Heard YHecht YHeckstall YHegstrom
Henson Y Holland Y Holmes Y Houston
Howard Y Hudgens
Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson Y James YJamieson YJenkins
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 YMaseey YMcBee YMcCaU Y McClinton Y McKinney YMillg Y Mobley Y Mosley
MueUer YO'Neal YOrrock YParham

YParrish Y Parsons YPelote
Perry Pinholster YPoag YPolak Y Ponder Y Porter YPowell YPurceU Ragas Randall YRay Y Reaves YReichert YRice Y Richardson Y Roberta Y Rogers Y Royal Sanders Y Sauder YScarlett YScheid Y Scott Shanahan YShaw Sherrill YShipp Sims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P E Smith, T
Smith, V YSmyre YSnelling YSnow YStallings Y Stand], F Y Stanca, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague YTeper
Thomas YTillman E 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 NYates
Murphy, Spkr

FRIDAY, MARCH 6,1998

1581

On the passage of the Bill, by substitute, the ayes were 145, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

HR 784. By Representatives Bates of the 179th and Royal of the 164th: A resolution compensating Mr. B. C. Fogg III.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

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

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

HR 786. By Representatives Bates of the 179th and Ponder of the 160th: A resolution compensating Mr. Jimmy W. Kartell.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

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

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

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

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

HR 789. By Representative Bates of the 179th: A resolution compensating Mr. James A. Hayes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

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

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JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

HR 782. By Representative Golden of the 177th: A resolution compensating Ms. Ann C. Bennett.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

HR 837. By Representative Greene of the 158th: A resolution compensating Ms. Wanda Torbert.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

HR 866. By Representative Hudson of the 120th: A resolution compensating Ms. Loretta Cununings.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

HR 956. By Representative Shaw of the 176th: A resolution compensating Mr. Henry Elroy Griffis.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

HR 733. By Representative Dixon of the 168th: A resolution compensating Guy's Automotive.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

HR 861. By Representative Massey of the 86th: A resolution compensating Ms. Meredith (Merry) B. Chandler.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

HR 1055. By Representative Thomas of the 148th: A resolution compensating Ms. Ailerua A. Newsome Crawford.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

HR 1024. By Representative Alien of the 117th: A resolution compensating Mr. Harold I. Brown.

FRIDAY, MARCH 6, 1998

1583

The following Committee substitute was read and adopted:

A RESOLUTION
Compensating Mr. Harold I. Brown; and for other purposes.
WHEREAS, on June 5, 1992, surgeons at the Medical College of Georgia in Augusta performed a tracheostomy on Candice F. Brown, the daughter of Harold I. and Veronica B. Brown; and
WHEREAS, the surgery was improperly performed resulting in a vocal cord injury to Candice who was rendered speechless and totally dependent upon a tracheostomy tube for breathing; and
WHEREAS, on February 9, 1995, Candice died as a result of respiratory arrest directly attributable to the improperly performed surgery; and
WHEREAS, Harold I. Brown as the father of Candice Brown and as coadministrator of her estate suffered the loss of his daughter through the fault of the physicians at the Medical College of Georgia and Candice herself endured pain and suffering caused by the improperly performed surgery, and it is only proper that Harold I. Brown be compensated the sum of $125,000.00 for the loss of his daughter and for her pain and suffering.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Board of Regents of the University System of Georgia is authorized and directed to pay the sum of $125,000.00 to Mr. Harold I. Brown as compensation as provided above. Said sum shall be paid from funds appropriated to or available to the board of regents and shall be in full and complete satisfaction of all claims against the state arising out of the above-described occurrence.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.

HR 1142. By Representative Tilhnan of the 173rd: A resolution compensating Mr. Henry C. Batson.

The following Committee substitute was read and adopted:

A RESOLUTION
Compensating Mr. Henry C. Batson; and for other purposes.
WHEREAS, on September 19, 1988, Mr. Henry C. Batson and his parents, residents of Brunswick, Georgia, were traveling in Mr. Batson's 1975 Buick Riviera when they stopped at Jim's Convenience Store located on U.S. Highway 341; and
WHEREAS, two prisoners who earlier had escaped a work detail and stolen a prison bus stopped at the convenience store; and
WHEREAS, after Mr. Batson had entered the convenience store, the escaped prisoners pulled his parents from the vehicle and stole Mr. Batson's automobile; and
WHEREAS, although Mr. Batson is totally disabled and had recently had back surgery, he wrestled with the prisoners to try to protect his parents and prevent the theft of his vehicle. This encounter resulted in additional injuries to Mr. Batson and much anguish as a result of having to witness the attack on his parents; and
WHEREAS, Mr. Batson's vehicle was later recovered, impounded, stripped, and crushed. He also lost from the vehicle mechanical tools, a video camera, and a cassette tape deck; and

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JOURNAL OF THE HOUSE,

WHEREAS, Mr. Batson suffered personal injury, unreimbursed medical expenses, and unreimbursed property losses on his vehicle totalling $4,500.00; and
WHEREAS, the incident occurred through no fault or negligence on the part of Mr. Batson, and it is only fitting and proper that he be compensated for his losses.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Corrections and the Department of Transportation, jointly, are authorized and directed to pay the sum of $4,500.00 to Mr. Henry C. Batson as compensation as provided above. All payments from both departments shall not exceed the gum of $4,500.00. Said sum shall be paid from funds appropriated to or available to said Department of Corrections and Department of Transportation and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
By unanimous consent, the following roll call vote was made applicable to the previously read Resolutions.
On the adoption of the Resolutions, the roll call was ordered and the vote was as follows:

Y Alien
YAnderson YAshe E Bailey B Bannister YBarfoot
Barnard YBarnes
Y Bates Y Benefield
Birdsong
Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown EBuck YBuckner
Bunn E Burkhalter
YByrd Y Campbell Y Canty YCaah Y Channel! YChilders Y Clark YCoan Y Coleman, B Y Coleman, T Y Council Y Cooper
YCrawford Y Crews

Y Culbreth Y CunuuingB YDavis,G Y Davis, M EDay Y DeLoach, 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 Y Manner
Harbin Y Heard YHecht
YHeckstall YHegstrom
Henson
Y Holland Y Holmes
Houston Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin
Y Jackson Y James Y Jamieson YJenkina
Johnson Y Jobnston Y Jones
Joyce Kaye YLadd Lakly YLane YLee Y Lewis
YLord Y Lucas Y Maddoi YMann Y Manning Y Martin, J Y Martin, J.L YMasaey
YMcBee YMcCaU
Y McClinton McKinney
Y Mills
Y Mobley YMosley Y Mueller Y O'Neal
YOrrock YParham

YParrish Y Parsons YPelote
Perry Pinholster YPoag YPolak
Y Ponder Y Porter Y Powell YPurcell YRagas
Randall Ray Y Reaves Y Reichert YRice Y Richardson Y Roberts
Y Rogers Y Royal
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 E Smith, T Y Smith, V
Smyre Snelling YSnow YStallings Y Stancil, F
Y Stancil, S Y Stanley, L
Y Stanley, P Y Stephens Y Taylor ETeague YTeper
Thomas YTillman E Titus Y Tolbert YTrense
Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westraoreland YWhitaker Y Wiles
Y Williams, B Y Williams, J Y Williams, R YWorthan
YYates Murphy, Spkr

On the adoption of the Resolutions, the ayes were 150, nays 0. The Resolutions, having received the requisite constitutional majority, were adopted.

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.

FRIDAY, MARCH 6, 1998

1585

The following amendment was read and adopted:

Representatives Holland of the 157th, Hudson of the 156th and Twiggs of the 8th move to amend HR 1095 by inserting immediately proceeding line 1 of page 1 the following:
"Part 1".
By inserting following line 29 of page 1 the following:
"Part 2
Designating a portion of State Highway 107 as 'Ted Hudson Highway'; and for other purposes.
WHEREAS, the late Honorable Eugene Talmadge 'Ted' Hudson of Fitzgerald was a farmer and a graduate of the University of Georgia who served with distinction as a member of the House of Representatives from 1969 through 1978; and
WHEREAS, Honorable Ted Hudson was a conservative legislator who greatly served the interests of bis constituents and always cast his vote in harmony with the philosophy of his people; and
WHEREAS, he was intelligent and as well liked and respected as any member of the General Assembly; and
WHEREAS, he worked hard and diligently for the development of State Highway 107; and
WHEREAS, he coined the use of the now time honored and much repeated phrase 'boogers and haints' to describe displeasing items hidden in legislation; and
WHEREAS, he dearly loved his family, was happily married to Ann Hudson, and was the brother of Honorable Newt Hudson, Representative of the 156th District; and
WHEREAS, he was a remarkably effective legislator, a true gentleman, and a great friend to all; and
WHEREAS, it is only fitting and proper that he be honored by this state.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Highway 107 from its intersection with State Highway 112 in Turner County to its intersection with U.S. Highway 129 in Ben Hill County is designated 'Ted Hudson Highway.'
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating the highway.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation and the family of Honorable Ted Hudson."

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 E Bailey E Bannister
Barfoot Barnard YBaraes

Y Bates YBenefield
Birdsong
Bohsnnon Y Bordeaux Y Bradford YBnedlove Y Bridges

Brooks Y Brown EBuck
Y Buckner Bunn
E Burkhalter YByrd
Campbell

Y Canty YCash YChannell YChilden Y Clark
YCoan Y Coleman, B Y Coleman, T

Connell Y Cooper
Y Crawford Crews
YCulbreth Y CununiiucB Y Davis, G Y Davis, M

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JOURNAL OF THE HOUSE,

EDay YDeLoach, B YDeLoach, G YDii YDixon YDobbe Y Dukes YEhihart YEpps Y Evans YEverett
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

Houston Howard YHudgens Y Hudson, H Y Hudson, N
Hugley Irvin Y Jackson James Y Jamieson YJenkins Johnson Y Johnston
Y Jones Joyce
YKaye YLadd
Lakly 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 Y Parham YParrish Y Parsons Y Pelote
Perry
Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurcell
Ragas Randall
Ray Y Reaves
Y Reichert

YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan 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 Snelling YSnow
YStallings

Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Y Stephens Y Taylor
ETeague YTeper
Thomas Tillman E 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
Worthan Yates Murphy, Spkr

On the adoption of the Resolution, as amended, the ayes were 140, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

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 Annotated, 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.

The following substitute, offered by Representatives Royal of the 164th and Shanahan of the 10th, was read and adopted:

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 provide for the filing of certain appeals with the Office of State Administrative Hearings; to change certain notification deadlines; to change certain provisions regarding the submission, compilation, and review of certain payroll and personnel data; 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 20 of Title 45 of the Official Code of Georgia Annotated, relating to the state merit system generally, is amended by striking subsection (a) of Code Section 45-20-9, relating to procedure for conduct of hearings and appeals regarding adverse personnel actions, and inserting in its place a new subsection (a) to read as follows:
"(a) Any laws to the contrary notwithstanding, all hearings on dismissals, other adverse personnel actions, and other purported violations of the rules and regulations in the several departments which are included in the career service shall be instituted by filing a written appeal with the State Personnel Beard Office of State Administrative Hearings upon such ground and in such form and under such procedure as may be prescribed by

FRIDAY, MARCH 6, 1998

1587

rules and regulations of the board. The party appealing to the board and the department from whose action the appeal is taken shall be notified in writing within seven 15 days from the filing of the appeal that an appeal has been filed and the time for which a hearing is scheduled."
SECTION 2. Said article is further amended by striking Code Section 45-20-10, relating to the submission, compilation, and review of certain payroll and personnel data, and inserting in its place a new Code Section 45-20-10, to read as follows:
"45-20-10. (a) A espy ef the payroll ef- each deportment covered by this article shall be submitted te the commissioner in the form and- manner prescribed by- the commissiener within 30
meats ef health and county departments ef family and children services, in which ease a 68 calendar day submission deadline wtH be applicable. 3rhe commiaoioncr shall -review the payrolls for conformity wife fee rates and regulations ef fee state merit system and within 66 calendar days after receipt he shall certify whether fee payrolls reviewed conform te such rutes and regulations, ftaeh review shall be made m accordance wife generally accepted auditing standards and shall mektde an audit ef net teas than one-half ef fee payrolls received from each department. Practices and procedures net in accordance wife fee rates end rcgulationo shaU be forwarded as payroll exceptions to fee concerned
QUCl tllC 9uiCG &UttrOF WftO SflCux IFCflt 8UCft GXCCpt>1OH8 Hft t
as aU ether audit exceptions. {b} In order to furnish the Governor, the General Assembly, and the general public with statistical information which can be used in planning departmental programs and budgeting, each official required under present law to submit a quarterly budget to the Office of Planning and Budget shall submit to the commissioner such payroll and other essential personnel data as may be prescribed and approved by the Governor. The commissioner shall compile and consolidate reports pertaining to the number of personnel, salaries, length of service, type of work, distribution of employees by departments, and other pertinent personnel information."
SECTION 3. This Act shall become effective on July 1, 1998.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The 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:

Alien Y Andenon YAshe B Bailey E Bannister
Barfoot Barnard YBaraes Y Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown

EBuck Y Buckner YBunn E Buikhalter 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

Culbreth Y Cummings Y Davis, G Y Davis, M E Day Y DeLoach, B Y DeLoach, G Y Dii
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
Manner Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Henson Y Holland Y Holmes Houston Howard Y Hudgens Y Hudson, H

Y Hudson, N Y Hugley Y Irvin Y Jackson Y James YJamieson Y Jenkins
Johnson Y Johnston
Jones Y Joyce Y Kaye Y Ladd
Lakly Lane Y Lee Y Lewis YLord

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JOURNAL OF THE HOUSE,

Y Lucas YMaddox YMann
YManning Y Martin, J Y Martin, J.L
YMassey YMcBee YMcCall YMcClinton
McKinney Y Mills
YMobley YMosley YMueller YO'Neal YOrrock YParham

YPamsh Y Parsons Y Pelote
Perry Pinholster YPoog YPolak
Y Ponder Y Porter YPowell YPurcell YRagas
Randall Ray Y Reaves YReichert YKice 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

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V
Snelling YSnow YStallings YStancil,F Y Stancil, S Y Stanley, L Y Stanley, P
Stephens YTaylor ETeague YTeper
Thomas Y Tillman

E Titus YTolbert YTrense
Turnquest YTwiggs
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 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of incotr.e taxes, so as to provide a deduction for certain employer social security tax payments; to provide for a definition; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, is amended by adding a new Code section immediately following Code Section 48-7-28.1, to be designated Code Section 48-7-28.2, to read as follows:
"48-7-28.2. (a) As used in this Code section, the term 'employer social security credit' means the employer social security credit defined in Section 45B(a) of the Internal Revenue Code of 1986, as amended. (b) If an employer elects to take an employer social security credit pursuant to Section 38 of the Internal Revenue Code of 1986, as amended, the employer, in calculating Georgia taxable net income, shall be allowed a deduction equal to the employer social security credit."
SECTION 2. This Act shall become effective January 1, 1999, and shall be applicable to all taxable years beginning on or after that date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

FRIDAY, MARCH 6, 1998

1589

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

Y Alien Y Andereon
YAshe E Bailey E Bannister YBarfoot
Barnard YBarnes Y Bates Y Benefield YBirdsong YBohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks
Y Brown EBuck Y Buckner
YBunn E 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
Y Cummings Y Davis, G
Y Davis, M EDay Y DeLoach, B Y DeLoach, G YDix Y Dixon YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton YFloyd Y Franklin
Y Golden Y Graves YGreene YGrindley Y Hammontree
Hanner Harbin
Y Heard YHecht Y Heckstall Y Hegstrom YHenson Y Holland Y Holmes Y Houston
Howard
YHudgens Y Hudson, H

Y Hudson, N
Y Hugley Ylrvin
Y Jackson James
Y Jamieson YJenkins
Johnson
Y Johnston Jones
Y Joyce YKaye YLadd YLakly
Lane 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 Y Parham

YParrish Y Parsons Y Pelote Y Perry
Pinholster Poag YPolak Y Ponder
Y Porter Y Powell YPurcell YRagas
Randall Ray 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 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 Snellicg
YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague YTeper
Thomas Tillman
E Titus Y Tolbert YTrense
Turnquest YTwiggs
Walker, L
Y Walker, R.L 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 152, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

Representative Stancil of the 16th moved that HB 1170 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

Y Alien
Y Andereon YAshe E Bailey E Bannister YBarfoot
Barnard NBaraes
Y Bates

N Benefield YBirdsong YBohannon N Bordeaux Y Bradford
Y Breedlove N Bridges Y Brooks Y Brown

EBuck N Buckner N Bunn E Burkhalter YByrd N Campbell
Y Canty YCash YChannell

N ChUders N Clark NCoan Y Coleman, B
Coleman, T
N Connell N Cooper Y Crawford N Crews

Y Culbreth N Cummings Y Davis, G N Davis, M EDay N DeLoach, B Y DeLoach, G YDix N Dixon

1590

JOURNAL OF THE HOUSE,

YDobbs N Dukes
YEhrhart YEpps N Evans Y Everett
YFelton Floyd
N Franklin Y Golden Y Graves NGreene
N Grindley N Hammontree N Manner
Harbin
Y Heard YHecht YHeckstall Y Hegstrom
Henson
N Holland Holmes
Y Houston Howard
NHudgens Y Hudson, H

Hudson, N Y Hugley Ylrvin N Jackson N James YJamieson NJenkins
Johnson N Johnston N Jones Y Joyce
YKaye NLadd
YLaldy YLane NLee N Lewis
YLord Y Lucas YMaddox NMann
Y Manning
Y Martin, J Y Martin, J.L NMassey YMcBee YMcCall

Y McClinton McKinney
N Mills Y Mobley YMosley N Mueller NO'Neal YOrrock Y Parham YParrish
N Parsons N Pelote Y Perry
Pinholster NPoag YPolak Y Ponder Y Porter
Powell YPurceU YRagas NRandall NRay
Reaves Y Beichert NRice
N Richardson

N Roberts N Rogers N Royal Y Sanders NSauder YScailett YScheid Y Scott Y Shanahan NShaw NSherrill YShipp NSims Y Sinkfield
N Skipper N Smith, C N Smith, C.W
N Smith, L Y Smith, L.R
Y Smith, P N Smith, T Y Smith, V YSmyre NSnelling YSnow YStallings N Stancil, F

Y Stancil, S N Stanley, L N Stanley, P Y Stephens YTaylor ETeague YTeper
Thomas YTillman
E Titus Y Tolbert
NTrense N Turnquest
Twiggs N Walker, L N Walker, R.L N Watson YWest N Westmorland YWhitaker N Wiles Y Williams, B N Williams, J Y Williams, R
N Worthan YYates
Murphy, Spkr

On the motion, the ayes were 86, nays 71. The motion prevailed.

Representative Powell of the 23rd 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 Jones of the 71st moved that HB 1170 be taken from the table. On the motion, the roll call was ordered and the vote was as follows:

N Alien N Andersen NAshe E Bailey
Bannister NBarfoot
Barnard Barnes
N Bates Y Benefield NBirdsong NBohannon Y Bordeaux
Y Bradford N Breedlove
Y Bridges N Brooks N Brown EBuck YBuckner YBunn E Burkhalter NByrd Y Campbell N Canty NCash Y Channell YChilders Y Clark YCoan N Coleman, B
Coleman, T Y Cornell

Y Cooper N Crawford
Y Crews N Culbnth Y Cummings
N Davis, G Y Davis, M EDay YDeLoach, B
NDeLoach, G NDii YDixon
NDobbs N Dukes
NEhrhart NEpps Y Evans N Everett
NFelton N Floyd Y Franklin
N Golden N Graves YGreene Y Grindley Y Hammontree Y Manner
Harbin N Heard NHecht N Heckstall N Hegstrom
Henson

Y Holland N Holmes N Houston
Howard Y Hudgens N Hudson, H
Hudson, N
N Hugley Nlrvin Y Jackson
Y James N Jamieson YJenkins
Johnson
N Johnston Y Jones N Joyce NKaye YLadd YLakly NLane YLee Y Lewis
Lord N Lucas N Maddox
YMann N Manning N Martin, J N Martin, J.L YMassey NMcBee NMcCall

N McClinton McKinney
Y Mills N Mobley NMosley
Y Mueller YO'Neal NOrrock YParham NParrish
Y Parsons Y Pelote N Perry
Pinholster YPoag NPolak N Ponder
N Porter N Powell NPurcell NRagas YRandall
Ray Reaves N Reichert
YRice Y Richardson Y Roberts Y Rogers
Y Royal Y Sanders Y Sauder NScarlett

NScheid Y Scott N Shanahan YShaw YSherrill YShipp YSims N Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L N Smith, L.R
N Smith, P Y Smith, T N Smith, V NSmyre YSnelling YSnow NStallings
Y Stancil, F N Stancil, S Y Stanley, L
Y Stanley, P N Stephens N Taylor ETeague
NTeper Thomas
NTillman E Titus N Tolbert YTrense

FRIDAY, MARCH 6, 1998

1591

YTumquest Twiggs
Y Walker, L

Y Walker, R.L Y Watson N West

Y Westmoreland Y Whitaker Y Wiles

On the motion, the ayes were 77, nays 79. The motion was lost.

N Williams, B Y Williams, J Y WUliams, K

Y Worthan Yates Murphy, Spkr

HB 661. By Representatives Baker of the 70th, Cummings of the 27th, Shanahan of the 10th and Bordeaux of the 151st:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that a member of the Employees' Retirement System of Georgia or the Teachers Retirement System of Georgia who becomes employed in a position covered by the other retirement system may elect membership in either retirement system.

The following Committee substitute was read and adopted:

A BILL
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that a member of the Employees' Retirement System of Georgia or the Teachers Retirement System of Georgia who becomes employed in a position covered by the other retirement system may elect membership in either retirement system; to provide for matters relating 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. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by striking in its entirety Code Section 47-2-181, relating to the transfer of credit from the Teachers Retirement System of Georgia to the Employees' Retirement System of Georgia, and inserting in lieu thereof the following:
"47-2-181.
(a) Any other provisions of law to the contrary notwithstanding, any member^ except a member subject to subsection (b) of this Code section, who was previously a member of the Teachers Retirement System of Georgia who has service credits with said teachers retirement system may have such service credits and accumulated contributions under said teachers retirement system transferred to the Employees' Retirement System of Georgia, provided that such transferred service credits shall not be used in determining the qualifications of a member for benefits other than vested rights or disability, death, or normal service retirement allowances. The Teachers Retirement System of Georgia shall pay an employer contribution together with regular interest thereon to the Employees' Retirement System of Georgia for each member establishing creditable service under this subsection. The amount of such employer contributions shall be 6 percent of the reported compensation of the member establishing creditable service during membership in the Teachers Retirement System of Georgia. Any member who elects to transfer such service credits shall so notify the board of trustees in writing. (b) Likewise, pursuant Pursuant to Code Section 47-3-81, any employee of an agency under the retirement system may transfer his or her service credit to the credit of his or her membership in the Teachers Retirement System of Georgia in the event that he or she enters service as a teacher, as defined in Code Section 47-3-1.
(c)(l) Any provision of this title to the contrary notwithstanding, any vested member of the Teachers Retirement System who becomes an employee of an employer may, at his or her option, elect to remain a member of the Teachers Retirement System of Georgia.

1592

.

JOURNAL OF THE HOUSE,

(2) If a person subject to this subsection elects to remain a member of the Teachers Retirement System of Georgia, the employer and employee shall make all contributions to such retirement system and perform such other acts as are required by law or regulation. (3) If a person subject to this subsection does not elect to remain a member of the Teachers Retirement System of Georgia, he or she shall become a member of this retirement system subject to all provisions of this chapter. (4) This subsection shall be applicable to each person who was a member of this retirement system on January 1^ 1997. and to all persons who become a member on or after such date. Any person subject to this subsection who became a member of the Teachers Retirement System of Georgia between January lj 1997, and June 30, 1998, who elects to remain a member of this retirement system shall be governed by the provisions of subsection (a) of this Code section relating to the transfer of service credits and accumulated contributions. Any person eligible to make the election provided for in this subsection shall do so in writing to the board of trustees not later than September 30. 1998, or within 60 days after the person became an employee of an employer, whichever date is later. Once made, the election is irrevocable."
SECTION 2. Said title is further amended by striking in its entirety Code Section 47-3-81, relating to the transfer of credits from the Employees' Retirement System of Georgia to the Teachers Retirement System of Georgia, and inserting in lieu thereof the following:
"47-3-81.
(a) Any other provisions of law to the contrary notwithstanding, any member^ other than a member subject to subsection (b) of this Code section, who was previously a member of the Employees' Retirement System of Georgia and who has service credits with said employees' retirement system may have such service credits and accumulated contributions under said employees' retirement system transferred to the Teachers Retirement System of Georgia. Any member who elects to transfer such service credits and accumulated contributions shall notify the board of trustees of this retirement system in writing of the member's election to do so. Such transferred service credits shall not be used in determining the qualifications of a member for benefits other than vested rights, disability, death, or normal service retirement. Such member shall be required to make additional contributions to this retirement system so that the member's annuity account balance will be the same as though the member had been a member of this retirement system during the period of time for which service credits are transferred from the Employees' Retirement System of Georgia to this retirement system or, in the absence of such payment, the board of trustees shall adjust the member's credits in proportion to the accumulated contributions transferred from the Employees' Retirement System of Georgia to this retirement system. The Employees' Retirement System of Georgia shall pay an employer contribution plus regular interest to the Teachers Retirement System of Georgia for each member transferring service credits and accumulated contributions to the Teachers Retirement System of Georgia authorized in this Code section. The amount of such employer contributions shall be 6 percent of the reported compensation of the member while a member of said employees' retirement system. The employees' retirement system shall pay an additional amount of retirement contributions pursuant to Code Section 47-2-51 for an employees' retirement system member covered by Code Section 47-2-334. This payment shall be placed in the pension accumulation fund and will adjust the amount of employee retirement contributions required for service credit.
(b)(l) Any provision of this title to the contrary notwithstanding, any vested member of the Employees' Retirement System who becomes a teacher may, at his or her option, elect to remain a member of the Employees' Retirement System of Georgia. (2) If a person subject to this subsection elects to remain a member of the Employees' Retirement System of Georgia, the employer and teacher shall make all contributions to such retirement system and perform such other acts as are required by law or regulation.

FRIDAY, MARCH 6, 1998

1593

(3) If a person subject to this subsection does not elect to remain a member of the Employees' Retirement System of Georgia, he or she shall become a member of this retirement system subject to all provisions of this chapter. (4) This subsection shall be applicable to each person who was a member of this retirement system on January 1^ 1997. and to all persons who become a member on or after such date. Any person subject to this subsection who became a member of the Employees' Retirement System of Georgia between January lj 1997, and June 30, 1998, who elects to remain a member of this retirement system shall be governed by the provisions of subsection (a) of this Code section relating to the transfer of service credits and accumulated contributions. (5) Any person eligible to make the election provided for in this subsection shall do so in writing to the board of trustees not later than September 30, 1998, or within 60 days after the person became a teacher, whichever date is later. Once made, the election shall be irrevocable."
SECTION 3. 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 4. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien YAndenon YAshe E Bailey E Bannister YBarfoot
Barnard YBarnes
Bates Y Benefield
YBirdaong YBohannon Y Bordeaux Y Bradford
YBreedlove Y Bridges Y Brooks Y Brown EBuck YBuckner NBunn
E Burkhalter YByrd Y Campbell
Y Canty YCash Y Channel! YChilden Y Clark YCoan Y Coleman, B
Colenun, T YConneU Y Cooper Y Crawford Y Crews

Y Culbreth Y Cummings Y Davis, G Y Davis, M EDay Y DeLoach, B YDeLoach, G YDii YDiion YDobbs Y Dukes YEhrhart YEpps Y Evans YEverett Y Felton Y Floyd N Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree Y Manner
Harbin Y Heard
YHecht YHeckstall YHegstrom
Henson Y Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, H

Hudson, N Y Hugley Ylrvin
Jackson Y James Y Jamieson
Jenkins Johnson Y Johnston Jones Y Joyce Kaye YLadd NLakly 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
Mueller YO'Neal YOrrock YParham

YParrish Y Parsons YPelote Y Perry
Pinholster YPoag YPolak
Ponder Y Porter Y Powell YPurceU
Y Rages YRandall YRay
Reaves Y Reichert YRice
Richardson Y Roberts Y Rogers Y Royal N 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 N Smith, V YSmyre YSnelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague YTeper
Thomas Tilbnan
E Titus Y Tolbert 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
Worthan NYates
Murphy, Spkr

1594

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, the ayes were 143, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Lakly of the 105th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1557.

By Representative Teper of the 61st:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to provide for changes to the "Local Government Authorities Registration Act".

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to provide for changes to the "Local Government Authorities Registration Act"; to provide for the inclusion of the names of all the members of the authority in the registration; to provide that registration information shall be available in the office of the judge of the probate court of any affected county; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, is amended by striking Code Section 36-80-16, the "Local Government Authorities Registration Act," and inserting in lieu thereof a new Code section to read as follows:
"36-80-16.
(a) This Code section shall be known and may be cited as the 'Local Government Authorities Registration Act.' (b) The General Assembly finds that there is a need for the state to create and maintain a record of all local government authorities. Such a record can best be maintained through annual registration of all local government authorities. (c) The purpose of this Code section is to prescribe a registration process for all local government authorities authorized to operate in the State of Georgia by general statute, local law, or local constitutional amendment. (d) As used in this Code section, the term:
(1) 'Debt' includes all long-term or short-term credit obligations including, but not limited to, mortgages, bonds, loans, notes, interest-bearing warrants, and advances. For the purposes of this Code section, debt shall also include lease-purchase obligations. (2) 'Local government authority' includes without limitation instrumentalities 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, not to include state authorities. Local government authorities include joint authorities, regional authorities, hospital authorities, housing authorities, residential care facilities for the elderly authorities, resource recovery development authorities, sekl solid waste management authorities, downtown development authorities, airport authorities, industrial, payroll and other development

FRIDAY, MARCH 6, 1998

1595

authorities, transit authorities, water and sewer authorities, parking authorities, recreation authorities, stadium and coliseum authorities, building authorities, public service authorities, or any other local government authority regardless of name. Such local government authorities may have been created by local constitutional amendment, general statute, or local law. (e) All local government authorities authorized to operate in the State of Georgia must register annually with the Department of Community Affairs. (f) Any local government authority which fails to register with the Department of Community Affairs shall not incur any debt or credit obligations until such time as it meets the registration requirement. Failure to register shall not have any adverse affect on any outstanding debt or credit obligation. (g) The Department of Community Affairs shall establish registration and reporting procedures for local government authorities. Such procedures shall include, but are not limited to, information on the authority's legal name, members, function, date and means of creation, contact person, address, and telephone number, (h) The Department of Community Affairs shall establish reasonable fees for the work related to administration and enforcement of this Code section; provided, however, no fee shall be charged or allowed for the annual registration as required in this Code section. (i) The Department of Community Affairs shall maintain a certified list of registered local government authorities, available on request. The department shall forward annually to the judge of the probate court in any affected county the registration information for all authorities operating in that county. (j) Local government authorities shall initially register on or before January 1, 1996, and shall register on or before January 1 of each year thereafter."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien Y Anderson YAshe E Bailey E Bannister
Barfoot Barnard YBarnes Bates Y Benefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown EBuck Buckner YBunn E 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 Cummuucs Y Davis, G Y Davis, M EDay Y DeLoach, B Y DeLoach, G
Dix YDixon YDobbs Y Dukes YEhrhart YEpps Y Evans
Everett Y Pelton Y Floyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree Y Manner
Harbin Y Heard

YHecht YHeckstall Y Hegstrom
Henson Y Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, H
Hudson, N Y Hugley Ylrvin Y Jackson
James Y Jamieson
Jenkins Johnson Y Johnston Jones Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Y Maddox Mann

Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee
McCall Y McClinton
McKinney Y Mills Y Mobley
Mosley Y MueUer
O'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter YPowell 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 Y Shanahan YShaw
Sherrill YShipp YSims Y Sinkfield Y Skipper
Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre YSnelling YSnow YStallings Y StancU, F Y StancU, S Y Stanley, L

1596

JOURNAL OF THE HOUSE,

Y Stanley, P Y Stephens YTaylor ETeague YTeper

Thomas TUlman E Titus YTolbert Trense

Tumqumt Y Twiggs Y Walker, L
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, by substitute, the ayes were 140, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 appointment 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.

The following Committee substitute was read:

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 dep-
uty registrars, clerical help, and appointment 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, so as to change the
provisions relating to the compensation of sheriffs, clerks of the superior courts, judges of the probate courts, tax collectors and tax commissioners, chief deputy tax commissioners,
chief magistrates, magistrates, clerks of superior or state courts serving as clerks of magistrate courts, and magistrates or chief magistrates serving as clerks of the magistrate court;
to correct certain cross-references; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking Code Section 15-6-88, relating to minimum salaries for clerks of the superior courts, and inserting in its place the following:
"15-6-88.
(a) Any other provision of law to the contrary notwithstanding, the minimum annual salary of each clerk of the superior court in each county of this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 or any future such census. Except as otherwise provided in subsection (b) of this Code section, each such clerk shall receive an annual salary, payable in equal monthly installments from the funds of the county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0
6,000 11,890
20,000 29,000 39,000

5,999.............................................................$
11,889............................................................. 19,999.............................................................
28,999............................................................. 38,999............................................................. 49,999.............................................................

18.440.0021.780.00
86^834^029.910.00 88^83^933.882.00
30.736.0036.301.00 33^8&0e38.720.00 34.833.0011.142.00

FRIDAY, MARCH 6, 1998

1597

50,000 75,000 100,000 150,000 200,000 250,000

74,999............................................................. 99,999............................................................. 149,999............................................................. 199,999............................................................. 249,999............................................................. 299,999.............................................................

86.883.0043.563.00 3?#0?aQ44,772.00 38,081.0045.982.00 30.066.0047.192.00 40^8^0948.402.00 66.672.0066.936.00

300,000 399.999.............................................................. 400.000 499.999.............................................................. 500,000 or more ..................................................................

73.890.00 76.890.00 79.890.00

(b) On and after July 1, 4994 1998, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, and in subsection (b) of Code Section 15-10-105, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (a) of Code Section 15-6-90, where applicable shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, and in subsection (b) of Code Section 15-10-105, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, in subsection (b) of Code Section 15-10-105, or the amounts derived through the application of longevity increases, as authorized by this subsection shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, and in subsection (b) of Code Section 15-10-105, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (a) of Code Section 15-6-90, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (c) This Code section shall not be construed to reduce the salary of any clerk of the superior court in office on July 1, 1991; provided, however, that successors to such clerks in office on July 1, 1991, shall be governed by the provisions of subsections (a) and (b) of this Code section. (d) The county governing authority may supplement the minimum annual salary of the clerk of the superior court in such amount as it may fix from time to time: but no clerk's compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the clerk's salary in the manner authorized by this subsection is ratified and confirmed. Nothing contained in this subsection shall pclreorhki.b"it the General Assembly by local law from supplementing the annual salary of the

SECTION 2. Said title is further amended by striking Code Section 15-6-89, relating to additional remuneration for clerks of the superior courts for certain services, and inserting in its place the following:
"15-6-89.

1598

JOURNAL OF THE HOUSE,

In addition to the minimum salary provided in Code Section 15-6-88 or any other salary provided by any applicable general or local law, each clerk of the superior court of any county who also serves as clerk of a state court, city court, juvenile court, or civil court under any applicable general or local law of this state shall receive for his or her services in such other court a salary of not less than $200.00 $236.25 per month, to be paid from the funds of the county. In the event any such court for which a clerk of the superior court is serving as clerk is abolished, the clerk of the superior court shall not be entitled to any salary heretofore received for service in such court."

SECTION 3. Said title is further amended by striking subsection (a) of Code Section 15-9-63, relating to the schedule of minimum salaries of judges of the probate courts, and inserting in its place the following:
"(a)(l) Any other laws to the contrary notwithstanding, the minimum annual salary of each judge of the probate court in this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 or any future such census. Each such judge of the probate court shall receive an annual salary, payable in equal monthly installments from the funds of his or her county, of not less than the amount fixed in the following schedule:

Population

0

5,999..

6,000 11,889..

11,890 19,999..

20,000 28,999..

29,000 38,999..

39,000 49,999..

50,000 74,999..

75,000 99,999..

100,000 149,999.

150,000 199,999.

200,000 249,999.

250,000 299,999.

300 000 or more

30o!oOO 399,999..

400,000 499.999..

_50_0,_00_0 _or _m_or_e ......

...$
................................................... ................................................... ................................................... ...................................................

Minimum Salary 17,866.0020,511.00 83^30^027.083.00
36.337.0041.737.00 88.024.0045.973.00 42,611.0050.210.00
64r666ae64.435.00 67!209!00 70.209.00 73.209.00

(2) On and after July 1, 4994 1998, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection and in Code Section 15-9-64, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to Code Section 15-9-65, where applicable shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-9-64, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-9-64, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided,

FRIDAY, MARCH 6, 1998

1599

however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection and in Code Section 15-9-64, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to Code Section 15-9-65, where applicable, as authorized by this paragraph shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (3) The county governing authority may supplement the minimum annual salary of the judge of the probate court in such amount as it may fix from time to tune; but no probate judge's compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the probate judge's salary in the manner authorized by this paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the probate judge."

SECTION 4. Said title is further amended by striking Code Section 15-9-64, relating to supplementation of minimum salaries of judges of the probate courts, and inserting in its place the following:

"15-9-64.
The amount of minimum salary provided in Code Section 15-9-63 for the judges of the probate courts of any county presently on a salary who also hold and conduct elections or are responsible for conducting elections for members of the General Assembly under any applicable general or local law of this state shall be increased by $200.00 $236.25 per month. The amount of the minimum salary provided in Code Section 15-9-63 for the judges of the probate courts on a salary who are responsible for traffic cases under any general or local law of this state shall also be increased by $260.00 $295.25 per month."

SECTION 5. Said title is further amended by striking paragraph (3) of subsection (a) of Code Section 15-10-23, relating to minimum compensation of magistrates, and inserting in lieu thereof the following:
"(3) Unless otherwise provided by local law, effective January 1, 1998, the chief magistrate of each county who serves in a full-time capacity other than in those counties where the probate judge of the probate court serves as chief magistrate shall receive a minimum annual salary of the amount fixed in the following schedule:

Population

Minimum Salary

0

5,999.............................................................$

6,000 11,889.............................................................

11,890 19,999.............................................................

20,000 28,999.............................................................

29,000 38,999.............................................................

39,000 49,999.............................................................

50,000 74,999.............................................................

75,000 99,999.............................................................

100,000 149,999..............................................................

150,000 199,999..............................................................

200,000 249,999..............................................................

250,000 299,999..............................................................

300,000 or more..................................................................

17.866.00 18.783.00 22.030.00 24.801.00 26.471.00 27.549.00 2833&9Q 31.365.00 31,131.00 33.671.00 32,836.00 35.515.00 06.887.00 38.221.00 3ft934^e 42.100.00 42,611.00 45.980.00 47,360.00 51.223.00 62,207.00 56.467.00 64,666.00 59.007.00 66,008.00 61.546.00

The minimum salary for each affected chief magistrate shall be fixed from the above table according to the population of the county in which the chief magistrate serves as determined by the United States decennial census of 1990 or any future such census. The county governing authority may supplement the minimum annual salary of

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JOURNAL OF THE HOUSE,

the chief magistrate in such amount as it may fix from time to time; but no chief magistrate's compensation e* supplement shall be decreased during any term of office."
SECTION 6. Said title is further amended by striking subsection (c) of Code Section 15-10-23, relating to minimum compensation of magistrates, and inserting in lieu thereof the following:
"(c) Effective January ir 1006, wttess Unless otherwise provided by local law, each magistrate who serves in a full-time capacity other than the chief magistrate shall receive a minimum monthly salary of $2,600.06 $2,812.00 per month or 90 percent of the monthly salary of the chief magistrate, whichever is less. Effective January t; 1006, all All other magistrates shall receive a minimum monthly salary of the lesser of $16.00 $16.22 per hour or 90 percent of the monthly salary of the chief magistrate; provided, however, that notwithstanding any other provisions of this subsection, no magistrate who serves in less than a full-time capacity shall receive a minimum monthly salary of less than $400.00 $432.64. The county governing authority may supplement the minimum annual salary of each magistrate in such amount as it may fix from time to time; but no such magistrate's compensation f supplement shall be decreased during any term of office. Nothing contained in this subsection shall prohibit the General Assembly by local law from supplementing the annual salary of any magistrates."
SECTION 7. Said title is further amended by striking Code Section 15-10-105, relating to selection of clerks of the magistrate courts and their compensation and eligibility, and inserting in its place the following:
"15-10-105.
(a) The General Assembly may provide by local law for the superior court clerk or state court clerk to serve as clerk of magistrate court or for the selection of some other person as the clerk of magistrate court and for the compensation of the clerk of magistrate court. In the absence of local law, the selection and compensation of the clerk of magistrate court shall be as provided by subsections (b), (c), and (d) of this Code section. (b) With the consent of the clerk of superior court the county governing authority may provide that the clerk of superior court shall serve as clerk of magistrate court and shall be compensated for his or her services as clerk of magistrate court in an amount not less than $200.00 $236.25 per month. With the consent of the clerk of the superior court and clerk of the state court, the county governing authority may provide that the state court clerk shall serve as clerk of magistrate court and shall be compensated for his or her service as clerk of magistrate court in an amount not less than $200.00 $236.25 per month. Such compensation shall be retained by the clerk of superior court as his or her personal funds without regard to whether he or she is otherwise compensated on a fee basis or salary basis or both. (c) If the clerk of superior court or the clerk of state court does not serve as clerk of magistrate court, then the county governing authority may provide for the appointment by the chief magistrate of a clerk to serve at the pleasure of the chief magistrate. A clerk of magistrate court so appointed shall be compensated in an amount fixed by the county governing authority at not less than $200.00 $236.25 per month. (d) If there is no clerk of magistrate court, the chief magistrate or some other magistrate appointed by the chief magistrate shall perform the duties of clerk. A chief magistrate performing the duties of clerk, or another magistrate appointed by the chief magistrate to perform the duties of clerk, shall receive, in addition to any other compensation to which he or she is entitled, compensation for performing the duties of clerk, the amount of which compensation shall be fixed by the county governing authority at not less than $200.00 $236.25 per month. (e) The compensation of the clerk or magistrate performing the duties of clerk shall be paid in equal monthly installments from county funds. (f) The clerk shall be required to be at least 18 years of age and shall possess a high school diploma or its equivalent. The clerk shall not be subject to a residency requirement.

FRIDAY, MARCH 6, 1998

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(g) In any case any magistrate may perform any duty to be performed by the clerk."

SECTION 8. Said title is further amended by striking subsection (a) of Code Section 15-16-20, relating to minimum annual salaries of the sheriffs, and inserting in its place the following:
"(a)(l) Any other law to the contrary notwithstanding, the minimum annual salary of each sheriff in this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 or any future such census. Except as otherwise provided in paragraph (2) of this subsection, each such sheriff shall receive an annual salary, payable in equal monthly installments from the funds of the sheriffs county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 5,999.............................................................$ 6,000 11,889............................................................. 11,890 19,999............................................................. 20,000 28,999............................................................. 29,000 38,999............................................................. 39,000 49,999............................................................. 50,000 74,999............................................................. 75,000 99,999............................................................. 100,000 149,999............................................................. 150,000 199,999............................................................. 200,000 249,999............................................................. 250,000 299,999.............................................................
Q/\ft /\AA ___ ^_J ... UW}tn79 TM""" BU1U *f *>*>..........>>..*
300,000 399.999.............................................................. 400.000 499.999.............................................................. 500.000 and up...............................................................

3fr99ftQ930.697.00 39a98r9934.254.00 337366:9939.337.00 36.673.0043.315.00 40.040.0047.292.00 43rtl6r0951.272.00 46.777.0055.249.00 48v36?79957.127.00 4ft9&?=9959.005.00 61.736.0061.105.00 63.613.0063,205.00 &8r&?4r9969.182.00
ftfi ^IQ.Afl W)~ziw
77.259.00 80.259.00 83.259.00

(2) On and after July 1, 1994 1998. whenever the employees in the classified service
of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the mini-
mum salary schedule in paragraph (1) of this subsection and in Code Section 15-16-20.1, or the amounts derived by increasing each of said amounts through the
application of longevity increases pursuant to subsection (b) of this Code section, where applicable, shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based
increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary sched-
ule in paragraph (1) of this subsection, and in Code Section 15-16-20.1, or the amounts derived through the application of longevity increases, shall be increased by
a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Plan-
ning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum
salary schedule in paragraph (1) of this subsection, and in Code Section 15-16-20.1, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date
that the cost-of-living increases received by state employees become effective; provided, however, that if the cost-of-living increases or general performance based
increases received by state employees become effective on January 1, such periodic
changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-16-20.1, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the same date that the cost-of-living increases or general performance based
increases received by state employees become effective.

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(3) The county governing authority may supplement the minimum annual salary of the sheriff in such amount as it may fix from time to time; but no sheriffs compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the sheriffs salary in the manner authorized by_ this paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the sheriff."
SECTION 9. Said title is further amended by striking Code Section 15-16-20.1, relating to additional minimum salary for sheriffs, and inserting in its place the following:
"15-16-20.1.
In addition to the minimum salary provided in Code Section 15-16-20, the sheriff of any county who performs the duties of a sheriff for a state court, probate court, magistrate court, juvenile court, or county recorder's court under any applicable general or local law of this state shall receive for his or her services in such court or courts a salary of not less than $200.00 $236.25 per month, to be paid from the funds of the county. A sheriff who serves in more than one such court shall receive only one such salary."
SECTION 10. Code Section 21-2-213 of the Official Code of Georgia Annotated, relating to county deputy registrars, clerical help, and appointment of a county officer or employee as chief deputy registrar, is amended by striking subsection (c) of said Code section and inserting in its place the following:
"(c) In every county wherein the registrars do not maintain an office which is open and staffed during regular business hours, the registrars shall designate and appoint as chief deputy registrar a full-time county officer or employee for the purpose of registering eligible electors and performing other duties as may be required by the board of registrars. The governing authority of the county shall provide for the compensation of the chief deputy registrar in an amount not less than $200.00 $236.25 per month. The name, business address, telephone number, and any other pertinent information relative to the chief deputy registrar shall be forwarded by the registrars to the Secretary of State's office, where such information shall be maintained on file."
SECTION 11. Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, is amended by striking subsection (g) of Code Section 48-5-137, relating to tax collectors and tax commissioners as ex officio sheriffs, and inserting in its place the following:
"(g) Each tax collector or tax commissioner who is compensated on a salary basis and who is authorized to act as an ex officio sheriff under this Code section and whose office performs substantially all of the duties of the sheriff with respect to tax executions shall be entitled to a salary of $200.00 $236.25 per month for his or her service as ex officio sheriff. Such compensation shall be in addition to any other compensation to which such tax commissioner or tax collector is entitled. Such additional compensation shall not be paid to any tax commissioner who is compensated solely by the fee system of compensation; but such compensation shall be paid to any tax commissioner who is compensated in part by fees and in part by a salary. Such compensation shall be paid in equal monthly installments from county funds."
SECTION 12. Said article is further amended by striking subsection (b) of Code Section 48-5-183, relating to salaries of tax collectors and commissioners, and inserting in its place the following:
"(b)(l) Any other law to the contrary notwithstanding, except for the provisions of paragraph (2) of this subsection, the minimum annual salary of each tax collector and tax commissioner who is compensated by an annual salary shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 or any future such census. Each such officer shall

FRIDAY, MARCH 6, 1998

1603

receive an annual salary, payable in equal monthly installments from the funds of his or her county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0

5,999.............................................................$

6,000 11,889.............................................................

11,890 19,999.............................................................

20,000 28,999.............................................................

29,000 38,999.............................................................

39,000 49,999.............................................................

50,000 74,999.............................................................

75,000 99,999.............................................................

100,000 149,999.............................................................

150,000 199,999.............................................................

200,000 249,999.............................................................

250,000 299,999.............................................................

300 000 mid more

30o!oOO 399.999.............................................................

400.000 499.999.............................................................

500.000 and more ...............................................................

^#8670920.108.00 3t#?&e925.126.00 28,083.0028,326.00 26.640.0030.166.00 3^664^032.674.00 30.860.0036.437.00 36^86^042.732.00 88^36^045.868.00 41.480.0049.003.00 44^03^052,325.00 47^4.0055,647.00 60H^0060.013.00
fi4 507 00
64379.00
67.379.00
70.379.00

(2) On and after July 1, 1004 1998, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection fb) (c) of Code Section 21-2-212 21-2-213. or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (d) of this Code section, where applicable shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection {b} (c) of Code Section 21-2-212 21-2-213, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection {b> (cj of Code Section 21-2-212 21-2-213, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases received by state employees become effective; provided, however, that if the cost-of-living increases or general performance based increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection {b} (c) of Code Section 21-2-212 21-2-213, or the amounts derived through the application of longevity increases as authorized by this paragraph, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective.
(3) The county governing authority may supplement the minimum annual salary of the tax commissioner in such amount as it may fix from time to time; but no tax commissioner's compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the tax commissioner's salary

1604

JOURNAL OF THE HOUSE,

in the manner authorized by this paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the tax commissioner."
SECTION 13. Said article is further amended by striking subsection (b) of Code Section 48-5-212, relating to chief deputy tax receiver, collector, or commissioner; appointment; duties; and assumption of duties in the office of tax commissioner, and inserting in lieu thereof the following:
"(b) Except as otherwise provided in Code Section 48-5-128.1, in any county in which a chief deputy tax commissioner has been appointed pursuant to subsection (a) of this Code section and said chief deputy meets all qualifications for the office of tax commissioner, the chief deputy tax commissioner shall assume the duties of the office of the tax commissioner upon the death, resignation, incapacity, or inability of such tax commissioner of any such county to serve. Such chief deputy shall serve until such time as the incapacity or inability of such tax commissioner is removed or until January 1 following the next succeeding general election which occurs more than 60 days after the occurrence of the vacancy or the expiration of the remaining term of office, whichever occurs first. The chief deputy tax commissioner shall receive no additional compensation for performing the duties of such tax commissioner except in cases involving the death or resignation of such tax commissioner, in which case the chief deputy shall receive the same compensation, paid in the same manner, as such tax commissioner would have received less any longevity raises received by the previous tax commissioner. If the next succeeding general election is not one at which county officers are elected and is more than 60 days after the occurrence of the vacancy and unless the incapacity or inability of such tax commissioner is removed prior to such election, a duly qualified person shall be elected tax commissioner at a special election held at the same time as the general election. The person so elected shall take office on January 1 following such election and shall serve for the remainder of the unexpired term of office."
SECTION 14. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 1, 1998.
SECTION 15. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representatives Holland of the 157th and Barnes of the 33rd move to amend the Committee substitute to HB 1413 by adding on line 16 of page 1 between the semicolon and the word "to" the following:
"to amend Code Section 15-6-50 of the Official Code of Georgia Annotated, 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; to provide that noncompliance does not invalidate a clerk's actions;".
By striking in its entirety line 21 of page 1 and inserting in lieu thereof the following:
"to courts, is amended by striking in its entirety subsection (c) of Code Section 15-6-50, relating to the term of office, qualifications, and training requirements for clerks of the superior courts, and inserting in lieu thereof the following:
'(c)(l) Any person who is elected or appointed as a clerk of the superior court after July 1, 1981, but before January l 2000. and who was not serving as a clerk of the superior court on July 1, 1981, shall satisfactorily complete 40 hours of training in the performance of his or her duties and shall ptaee file a certificate of training issued by the Institute of Continuing Judicial Education of Georgia e fite with the judge of the

FRIDAY, MARCH 6, 1998

1605

probate court of the county in which he or she serves within one year from the date of his or her election or appointment in order to become a certified clerk of the superior court. On and after July 1^ 1998. each person who is elected or appointed as a clerk of the superior court shall also enter upon the minutes of the superior court in which he or she holds office a copy of the certificate of training issued by the institute of Continuing Judicial Education of Georgia.
{3} Any person whe is elected er appointed as a clerk ef- the superior eeart after 4; 1981, aad subject to the provisions of this paragraph who does not satisfactorily complete the training required by this paragraph 41) ef- this subsection or who does not place file a certificate of training issued by the Institute of Continuing Judicial Education of Georgia en fite with the judge of the probate court and enter a certificate of training into the minutes of the superior court within the time period required by paragraph 41) of this subsection shall become a certified clerk of the superior court upon completion of the requirements at any later time. For each year the training requirements required by this paragraph 41) ef- this subsection are not completed and the certificate is not placed on file, the clerk of the superior court will not receive credit for that year of service for determining eligibility for retirement under the Superior Court Clerks' Retirement Fund of Georgia.
(2) Any person elected or appointed clerk of the superior court of any county of this state on or after January 1^ 2000. shall satisfactorily complete 40 hours of continuing judicial education prior to taking office and assuming the duties and responsibilities of his or her office. The clerk of superior court shall file a certificate of training issued by the Institute of Continuing Judicial Education of Georgia with the probate court and shall enter the certificate on the minutes of the superior court in the county in which he or she holds office. Upon completing such 40 hour curriculum, the clerk shall become a certified clerk of the superior court. The training requirements of this paragraph shall not apply to persons subject to the provisions of paragraph (1) of this subsection. On and after July lj 1998, the curriculum for all training programs required by this paragraph and paragraph (1) of this subsection shall be approved by the Superior Court Clerks Training Council.
(3) Effective July 1, 1983, after the initial year of training as required in paragraph paragraphs (1) and (2) of this subsection, each clerk of the superior court shall complete 15 hours of additional training per annum during each year in which he or she serves as a clerk of the superior court and shall file a certificate of additional training issued by the Institute of Continuing Judicial Education of Georgia with the judge of the probate court in his or her county. On and after July lj 1998, the certificate of training shall be entered upon the minutes of the superior court in which the clerk of the superior court holds office. For each year the training requirements of this paragraph are not completed and the certificate is not placed en file filed as required by this paragraph, the clerk of the superior court will not receive credit for that year of service for determining eligibility for retirement under the Superior Court Clerks' Retirement Fund of Georgia; provided, however, that, if a clerk fails to take the required training in any given year, he or she may, upon written notice to the Superior Court Clerks Training Council, make up such deficiency in the next succeeding year and ^ In such event, the clerk shall file the appropriate certificate of additional training with the judge ef the probate eewt in the manner provided in this paragraph.
(4) A clerk of the superior court may appoint an employee of his or her office as clerk pro tempore for a period not exceeding five days per year in order for the clerk to attend training authorized or required by this subsection or by any other Code section. If any clerk, because of a lack of personnel in his or her office, is unable to appoint an employee of his such office as clerk pro tempore for this purpose, then the judge of the probate court shall serve as clerk pro tempore for such period. The appointment of clerk pro tempore shall be approved by the judge of the superior court and recorded in the minutes of the court.

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(5) All reasonable expenses of training authorized or required by this subsection, including any tuition which may be fixed by the Institute of Continuing Judicial Education of Georgia, shall be paid by the clerk taking the training but shall be reimbursed from county funds by the county governing authority.
(6) The failure to file the certificate required by this subsection or the failure to complete the judicial education required by this subsection shall not invalidate any act or actions taken by the clerk.'
SECTION 1.1.
Said title is further amended by striking Code Section 15-6-88,".

Representatives Barnard of the 154th, Coleman of the 142nd and Barnes of the 33rd move to amend the Committee substitute to HB 1413 by striking the word "and" on line 5 of page 1 and inserting in lieu thereof the following:
"to amend Article 1 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relative to coroners;"
By striking the word "and" from line 13 of page 1.
By inserting on line 14 of page 1, between the word "court" and the symbol ";" the following:
", and coroners of certain counties".
By inserting between line 9 and line 10 of page 12 the following:
"Article 1 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relative to coroners, is amended by inserting a new Code section to be designated Code Section 45-16-11 to read as follows:
'45-16-11.
In any county which is the site of more than one state correctional institution or prison for adults or juveniles and which compensates the county coroner by salary, the state shall compensate the county coroner in the amount of $100.00 for each state inmate death in such county. The county coroner of such a county is authorized to accept the compensation provided in accordance with this Code section despite any local Act which requires such a coroner to send fees to the county treasury or the county governing authority.'
SECTION 12."
By redesignating Sections 12 through 15 as Sections 13 through 16, respectively.

The Committee substitute, as amended, was adopted.

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

Y Alien YAndereon YAshe E Bailey E Bannister Y Barfoot
Barnard Y Barnes

Y Bates Y Benefield YBirdsong Y Bohannon
Bordeaux Y Bradford Y Breedlove Y Bridges

Y Brooks Y Brown E Buck Y Buckner N Bunn E Burkhalter Y Byrd Y Campbell

Y Canty Y Cash Y Channel! Y Childere Y Clark N Coan Y Coleman, B Y Coleman, T

Y Connell Y Cooper Y Crawford Y Crews Y Culbreth
Cununings Y Davis, G Y Davis, M

FRIDAY, MARCH 6, 1998

1607

EDay YDeLoach,B YDeLoach, G
Dix YDizon
YDobbe Y Dukes YEhrhait YEpps Y Evans Y Everett YFelton
YFtoyd N Franklin
Y Golden Y Graves
YGnene YGrindley Y Hammontree Y Manner
Harbin
Y Heard YHecht YHeckataU YHegstrom YHenson
Y Holland Y Holmes

Y Houston Howard
Y Hudgens
Y Hudson, H Hudson, N
YHugley Ylrvin Y Jackson Y James YJamieson YJenkins
Johnson Y Johnston Y Jones N Joyce YKaye YLadd NLakly YLane YLee Y Lewis YLord
N Lucas Y Maddoz
Mann
Y Manning 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 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 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 N Smith, V YSmyre YSnelling YSnow YStaUings

Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague Y Toper
Thomas Tillman
E 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 N Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 149, nays 9.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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 provide for expenses; to provide for creation, powers, duties, and authority of the Georgia General Assembly Training Institute.

The following Committee substitute was read and adopted:

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 provide for expenses; to provide for creation, powers, duties, and authority of the Georgia General Assembly Training Institute; to provide for funding; to provide for reports; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended by adding a new chapter at the end thereof, to be designated Chapter 11, to read as follows:
"CHAPTER 11
28-11-1. This chapter shall be known and may be cited as the 'Ethics and Efficiency in Government Act.'

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JOURNAL OF THE HOUSE,

28-11-2.
The General Assembly finds and declares that it is in the fundamental interests of the citizens of Georgia and of the legislature as an equal branch of state government to foster the knowledge, professionalism, and standards of its membership.
28-11-3.
As used in this chapter, the term: (1) 'Board' means the board of the Georgia General Assembly Training Institute. (2) 'Institute' means the Georgia General Assembly Training Institute. (3) 'Member of the General Assembly' means either an incumbent member or member-elect of the House of Representatives or Senate. (4) 'Vinson Institute' means the Carl Vinson Institute of Government of the University of Georgia.
28-11-4.
(a) All members of the General Assembly shall be authorized and encouraged to attend and complete a series of instructional classes or courses relating to the organization and operation of state government in general, and the role and powers of the General Assembly in particular. Such courses or classes shall include, but not be limited to, such general topics as the Georgia Constitution, the role of each branch of state government, the organization of state government, the role of state government in the U.S. federal system, the relationship of state and local government, sources of state and local revenue, and the state budgeting process. Additionally, such courses or classes shall include, but not be limited to, topics specifically related to the General Assembly, such as constitutional and statutory law, bill drafting, the legislative process, committee operations, parliamentary rules of procedure, the appropriation process, legislative customs and traditions, duties and responsibilities of members, ethics and rules of conduct, legislative oversight of the executive branch, local legislation, constituent service, legislative use of computers, the Internet, distance learning, public policy issues on the legislative agenda, and such other matters as deemed necessary and appropriate by the board. (b) All expenses incurred by an incumbent member of the General Assembly related to the course of training and education authorized by subsection (a) of this Code section, including the reasonable costs of housing, travel, meals, instructors, and instructional materials, may be paid from state funds appropriated to the legislative branch for such purposes or from other such funds as become available. In addition, all such expenses shall constitute ordinary and necessary expenses for purposes of subsection (a) of Code Section 21-5-33 and may be reimbursed to members-elect of the General Assembly from campaign contributions.
28-11-5.
(a) There is created and established in the legislative branch of government the Georgia General Assembly Training Institute. All costs of operating and conducting the institute shall be paid for from state funds appropriated for such purposes or from other such funds as become available. (b) With professional staff assistance from the Vinson Institute, the board shall have the power, duty, and authority to design, implement, and administer the course of training and education authorized by Code Section 28-11-4. (c) The courses of training and education authorized by Code Section 28-11-4 shall be conducted by the institute under such rules, regulations, procedures, policies, requirements, and standards as prescribed from time to time by the board. The initial course each biennium shall be the current Biennial Institute for Georgia Legislators at the University of Georgia's Center for Continuing Education in Athens. Participation in the Biennial Institute shall be required to participate in other courses conducted by the institute, except as provided in subsection (d) of this Code section. (d) The board shall establish guidelines and procedures to permit any member of the General Assembly who is unable to attend or complete one or more of the courses of training and education offered by the institute due to medical disability, providential

FRIDAY, MARCH 6, 1998

1609

cause, or any other reason deemed sufficient by the board to participate in the remaining courses of education and training provided for under Code Section 28-11-4 for the biennium. (e) The board shall perform such other duties and have such other powers and authority as may be necessary and proper or as prescribed by general law.
28-11-6.
(a) The institute shall be under the direction and supervision of the board of the Georgia General Assembly Training Institute. The board shall have the power and duty to organize and advise the institute so that the institute is operated in accordance with the provisions of this chapter. (b) The board shall consist of seven members and shall be composed of six members appointed by the Legislative Services Committee and the director of the Vinson Institute who shall serve as an ex officio, nonvoting member. In appointing members of the board, the Legislative Services Committee shall select three members from each house and shall attempt to broadly reflect the composition of the General Assembly.
28-11-7.
The board is authorized to make such contracts, leases, or agreements as may be necessary and convenient to carry out the duties and purposes for which the board is created. The board is authorized to enter into contracts, leases, or agreements with any person, firm, corporation, agency, or educational institution upon such terms and for such purposes as may be deemed advisable by the board.
28-11-8.
On or before February 1 of each year, the board shall file a report to the members of the Legislative Services Committee. The report shall include a summary of the accomplishments of the institute during the preceding calendar year, including, but not limited to, the total number of members of the General Assembly who attended the course of training and education offered by the institute; an outline of the institute's programs for the current calendar year; an evaluation of the programs and services offered by the institute; and recommendations, if any, for legislation as may be necessary to improve the programs and services offered by the institute."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming kw without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien Andenon
YAshe E Bailey E Bannister Y Barfoot
Barnard YBaraes
Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges

Y Brooks Y Brown EBuck Y Buckner Y Bunn E Burkhalter Y Byid Y Campbell Y Canty Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T

Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Da , G Y Davis, M E Day Y DeLoach, B Y DeLoach, G Y Dii Y Diion Y Dobbs Y Dukes Y Ehihart

Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner
Harbin Y Heard Y Hecht Y Heckstall

Y Hegstrom Y Henson Y Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, H
Hudson, N Y Hugley Y Irvin Y Jackson Y James Y Jamieson Y Jenkins
Johnson

1610

JOURNAL OF THE HOUSE,

YJohmton
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 YMuellei YOTIeal YOrrock YParham YParrish
Y Parsons YPelote
Perry Y Pinholster YPoag YPolak Y Ponder Y Porter YPoweU YPureeU YRagas

YRandall YRay
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 Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre YSnefflng YSnow YStallings YStancU, F Y Stancil, S Y Stanley, L Y Stanley, P Y Taylor ETeague YTeper

Thomas YTfflman E Titus YTolbert YTrense Y 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, 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.

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 56. By Representative Barnes of the 33rd:
A bill to amend Code Section 47-2-244 of the Official Code of Georgia Annotated, relating to optional benefits available to appellate court judges under the Employees' Retirement System of Georgia, so as to reduce the retirement age applicable to such judges.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 47-2-244 of the Official Code of Georgia Annotated, relating to optional benefits available under the Employees' Retirement System of Georgia to appellate court judges, so as to provide that such judges shall be eligible to retire after 12 years of actual 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. Code Section 47-2-244 of the Official Code of Georgia Annotated, relating to optional benefits available under the Employees' Retirement System of Georgia to appellate court judges, is amended by striking in its entirety subsection (f) and inserting in lieu thereof the following:
"(f) After ten years of service as an appellate court judge and attaining the age of 65 or after 12 years of service as an appellate court judge and attaining the age of 60, such judge shall be entitled to receive during life a retirement benefit payable monthly equivalent to 75 percent of the salary of an appellate court judge then serving in the office from which such judge retired."
SECTION 2. Said Code section is further amended by striking in its entirety subsection (m) and inserting in lieu thereof the following:

FRIDAY, MARCH 6, 1998

1611

"(m) No benefit shall be payable to an appellate court judge under this Code section until such judge reaches 60 years of age with 12 years of service as an appellate court judge or 65 years of age with ten years of service as an appellate court judge, except for incapacity."
SECTION 3. 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 4. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien
Andenon YAshe E Bailey E Bannister
Barfoot Barnard YBames Bates YBenefield Birdaong
Bohannon Y Bordeaux Y Bradford NBreedlove N Bridges Y Brooks
Brown EBuck Y Buckner YBunn E Burkhalter YByrd
Y Campbell Canty
YCash
Y Channel! NChildere Y Clark NCoan YColeman, B Y Coleman, T Y Cornell Y Cooper Y Crawford E Craws

Culbreth Y Cununings
N Davis, G Y Davis, M
EDay YDeLoach, B
YDeLoach, G YDix
Dizon NDobbs Y Dukes YEhrhart YEpps Y Evans
Everett YFelton
YrToyd N Franklin
Y Golden Y Graves YGreene YGrindley Y Hammontree Y Manner
Harbin Y Heard YHecht YHeckstaU YHegstrom YHenson
Holland Y Holmes
Houston Howard YHudgens Y Hudson, H

Hudson, N Y Hugley Ylrvin Y Jackson Y James YJamieson Y Jenkins
Johnson Y Johnston
Jones Joyce YKaye NLadd NLakly NLane 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 YMosley N Mueller YO'Neal YOrrock YParham

YParrish Y Parsons Y Pelote N Perry Y Pinholster YPoag YPolak Y Ponder Y Porter YPowell
YPurcell YRagas YRandaU YRay
Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder YScarlett YScheid Y Scott Y Shanahan
NShaw YSherrill YShipp YSims
Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R N Smith, P Y Smith, T Y Smith, V YSmyre YSneUing YSnow YStallings YStancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
ETeague YTeper
Thomas YTiUman E Titus Y Tolbert YTrense Y Tumquest NTwiggs
Walker, L Walker, R.L
Y Watson YWest
N Westmorland
YWhitaker
Y Wiles
Y Williams, B
Y Williams, J
Y Williams, R
YWorthan
NYates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 129, nays 18.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Holland of the 157th and Brown of the 130th 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.

1612

JOURNAL OF THE HOUSE,

Representative Lee of the 94th moved to suspend the Rules in order to accept a supplemental Rules Calendar.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien
Andenon YAshe E Bailey E Bannister
Barfoot Barnard YBarnes Batee YBeneOeld YBirdiong Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown EBuck YBuckner Bunn
E Burkhalter YByrd Y Campbell N Canty YCash
Y Channel! YChUdere Y Clark
Coan
Y Coleman, B YColeman, T YConnell Y Cooper Y Crawford E Crews

Y Culbreth Y Cummings Y Davis, G Y Davis, M EDay YDeLoach, B YDeLoach, G YDii YDixon YDobbs
Dukes YEhrhart YEpps YEvans
YFelton YFloyd N Franklin Y Golden Y Graves YGreene
Grindley Y Hammontree Y Manner
Harbin Y Heard YHecht YHeckstall YHegstrom YHenson Y Holland Y Holmes
Houston Howard YHudgens Y Hudson, H

Hudson, N Y Hugley Ylrvin
Y Jackson Y James Y Jamieson YJenkim
Johnson Y Johnston Y Jones
Joyce YKaye YLadd
Lakly Lane YLee Y Lewis YLord Y Lucas Y Maddoz YMann Y Manning Y Martin, J Y Martin, J.L YMaesey YMcBee YMcCall Y McClinton McKinney
Mills Y Mobley YMosley
Mueller
YO-Neal YOrrock YParham

YParrish Parsons
YPelote Perry
YPinholster YPoag YPolak Y Ponder Y Porter YPowell
YPurcell YRagas YRandall
Ray Reaves YReichert
YRice Richardson
Y Roberts Y Rogers Y Royal N Sanders YSauder 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 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 ETeague YTeper
Thomas Tillman E Titus YTolbert YTrense Tumquest YTwiggs Y Walker, L Walker, R.L Y Watson YWest Y Westmoreland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan NYates Murphy, Spkr

On the motion, the ayes were 136, nays 4. The motion prevailed.

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

HOUSE RULES CALENDAR FRIDAY, MARCH 6, 1998
Mr. Speaker and Members of the House:
Your Committee on Rules met and submits the following supplemental to the calendar already adopted this March 6, 1998, by adding the following:
HB 1461 State and local government; certain vehicles; identifying markings HB 1650 State service delivery regions; create HB 1660 Sales tax; certain bad credit card debt; allow deduction
HR 1035 Vetoes; General Assembly reconvene for considering - CA
Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect.
Respectfully submitted, /s/ Lee of the 94th
Chairman

FRIDAY, MARCH 6,1998

1613

Representative Jones of the 71st moved that the following Bill of the House be taken from the table:

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.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Andersen
NAshe
E Bailey E Bannister
Barfoot Barnard YBarnes Batm Benefield
NBirdsong Bohannon
Y Bordeaux Y Bradford NBreedlove Y Bridges N Brooks N Brown
EBuck YBuckner YBunn E Burkhalter NByrd
Y Campbell N Canty NCash
N Channel! YChilders Y Clark YCoan
NColeman, B Coleman, T
YConneU N Cooper NCrawford E Crews

N Culbreth Cummings
N DaTM, G Y Davis, M EDay YDeLoach, B YDeLoach, G NDix Y Dixon
Dobbe Y Dukes NEhrhart NEpps N Evans
N Felton NFloyd Y Franklin N Golden N Graves YGreene YGrindley Y Hammontree Y Banner
Harbin Y Heard NHecht NHeckstall
Hegstrom YHenson Y Holland Y Holmes
Houston Howard YHudgens N Hudson, H

Hudson, N
Hugley
NIrvin
Y Jackson
Y James
N Jamieson
Y Jenkins Johnson
Y Johnston
Y Jones Joyce
NKaye YLadd YLakly
NLane Lee
Y Lewis
NLord N Lucas NMaddoz YMann
N M&nning N Martin, J N Martin, J.L YMassey YMcBee NMcCall N McClinton
McKinney YMills N Mobley
Y Mosley Y Mueller YO'Neal NOrrock
YParham

On the motion, the ayes were 74, nays 69. The motion prevailed.

NParrish Parsons
YPelote
Perry
N Pinholster Poag
NPolak Y Ponder
N Porter NPowell NPurceU NRagas
Y Randall YRay
Reaves N Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders N Sauder NScarlett YScheid YScott N Shanahan
NShaw YSherrill NShipp YSims N Sinkfield Y Skipper
Smith, C Y Smith, C.W Y Smith, L

N Smith, L.R N Smith, P Y Smith, T N Smith, V
N Smyre YSnelling
YSnow NStallings YStancil, F
N Stancil, S Y Stanley, L Y Stanley, P N Stephens N Taylor ETeague
NTeper Thomas Tillman
E Titus N Tolbert
Y Trense Y Turnquest NTwiggs Y Walker, L
Walker, R.L Y Watson NWest Y Westmoreland N Whitaker Y Wiles N Williams, B Y Williams, J N Williams, R YWorthan
NYates Murphy, Spkr

Representative Lee of the 94th assumed the Chair.

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

HB 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 Annotated, 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.

1614

JOURNAL OF THE HOUSE,

The following amendment was read:

Representative Mueller of the 152nd moves to amend HB 1739 as follows: Strike on pg 1 lines 25 through lines 32.

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

N Alien Andenon
NAshe E Bailey E Bannister
Barfoot Barnard Barm Bates NBenefield NBirdsong YBohannon N Bordeaux Y Bradford YBreedlove N Bridges N Brooks Y Brown EBuck NBuckner YBunn EBurkhalter NByrd Y Campbell N Canty YCash N Channel! NChilden Y Clark YCoan YColeman, B NColeman, T NConnell Y Cooper YCrawford E Crews

Y Culbreth N CuDuningB N Davis, G N Davis, M EDay YDeLoach, B NDeLoach, G YDta YDixon NDobbs N Dukes YEhrhart NEpps Y Evans
V6T6tt
YFelton NFloyd Y Franklin
Golden Y Graves NGreene
Grindley Y Hammontree NHanner
Harbin N Heard YHecht NHeckstall NHegstrom
Henaon Y Holland N Holmes N Houston
Howard YHudgens N Hudson, H

Hudson, N NHugley Ylrvin Y Jackson N James N Jamieson
Jenkins Johnson N Johnston Jones Joyce YKaye YLadd YLakly NLane Lee Lewis NLord N Lucas NMaddox YMann Y Manning N Martin, J N Martin, J.L YMassey NMcBee McCall McClinton McKinney Y Mills N Mobley N Mosley Y Mueller NO'Neal Orrock NParham

NParrish Y Parsons
Pelote Perry YPinholster NPoag NPolak Y Ponder N Porter Powell NPurcell NRagas NRandall Ray Reaves N Reichert YRice Y Richardson Roberts N Rogers N Royal Y Sanders YSauder YScarlett YScheid Y Scott Shanahan YShaw NSherrill YShipp NSims NSinkfield N Skipper N Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R E Smith, P N Smith, T Y Smith, V NSmyre YSnelling NSnow YStallings N Stancil, F
Stancil, S N Stanley, L N Stanley, P Y Stephens N Taylor ETeague NTeper
Thomas Tilhnan E Titus YTolbert YTrense N Turnquest NTwiggs N Walker, L Walker, R.L N Wataon West Y Westmorland Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates N Murphy, Spkr

On the adoption of the amendment, the ayes were 63, nays 73. The amendment was lost.

Representative Mueller of the 152nd moved that the House reconsider its action in failing to adopt the Mueller amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Alien Anderaon
NAshe E Bailey
E Bannister Barfoot
Barnard Barnes Bates N Benefield NBirdsong YBohannon Y Bordeaux Y Bradford NBreedlove

N Bridges N Brooks
Y Brown
EBuck N Buckner YBunn E Burkhalter
Byrd Y Campbell
Canty YCash N Channel! N Childers Y Clark YCoan

Y Coleman, B N Coleman, T NConnell Y Cooper Y Crawford E Crews Y Culbreth N Cummings N Da , G Y Da , M EDay YDeLoach, B NDeLoach, G YDix YDixon

NDobbs N Dukes YEhrhart NEpps Y Evans
Everett Y Felton NFloyd Y Franklin Y Golden Y Graves NGreene Y Grindley Y Hammontree NHanner

Harbin N Heard YHecht NHeckstall NHegstrom
Henson Y Holland N Holmes N Houston
Howard YHudgens N Hudson, H
Hudson, N N Hugley Ylrvin

FRIDAY, MARCH 6,1998

1615

Y Jackson N James NJamieson
Jenkins Johnson
NJohnston Jones Joyce
YKaye YLadd YLakly YLane
Lee Lewis
NLord N Lucas
NMaddox YMann Y Manning N Martin, J N Martin, J.L

Y Massey N McBee
McCaU
McClinton McKinney
Y Mills NMobley NMosley Y Muellei N O'Neal N Orrock N Parham NParrish Y Parsons
Pelote Perry
Y Pinhobter N Poag N Polak Y Ponder N Porter

Powell N Puicell N Ragas
N Randall Ray
Reaves N Reichert Y Rice Y Richardson
Roberts Y Rogers N Royal Y Sanders Y Sauder
Y Scarlett Y Scheid
Y Scott N Shanahan N Shaw N Sherrill Y Shipp

N Sims N Sinkfield N Skipper
N Smith, C Y Smith, C.W
Y Smith, L Y Smith, L.R E Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow Y Stallings
N Stancil, F Y Stancil, S
N Stanley, L N Stanley, P Y Stephens N Taylor E Teague

N Teper Thomas Tillman
E Titus Y Tolbert
YTrense N Turnquest NTwiggs N Walker, L
Walker, R.L N Watson Y West Y Westmoteland N Whitaker
Y Wiles Y Williams, B
Y Williams, J Y Williams, R Y Worthan Y Yates N Murphy, Spkr

On the motion, the ayes were 69, nays 72. The motion was lost.

The following amendment was read:

Representatives Cooper of the 31st, Davis of the 48th, Stanley of the 49th and Stanley of the 50th move to amend HB 1739 by striking lines 1 and 2 of page 1 and inserting hi lieu thereof the following:
"To amend Title 42 of the Official Code of Georgia Annotated, relating".
By adding at the end of line 5 of page 1 the following:
"provide for the establishment of guard lines and signs at jails and local detention facilities in this state; to prohibit the crossing of guard lines with weapons, intoxicating liquor, marijuana, or controlled substances without the consent of the sheriff, warden, or superintendent or his or her designated representative; to provide penalties; to".
By striking lines 9 through 12 of page 1 and inserting in lieu thereof the following:
"Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by adding at the end of Chapter 1, relating to general provisions applicable to penal institutions, the following:".
By adding below line 32 of page 1 the following:
"SECTION 2.
Said title is further 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.
(a) Guard lines may be established by the sheriff, warden, or superintendent or his or her designated representative in charge at the various jails and local detention facilities in this state in the same manner that land lines are established, except that, at each corner of the lines, signs must be used on which shall be plainly stamped or written: "Guard line of ______." Signs shall also be placed at all entrances and exits for vehicles and pedestrians at the jails and local detention facilities and at such intervals along the guard lines as will reasonably place all persons approaching the guard lines on notice of the location of the jail or local detention facility.
(b)(l) It shall be unlawful for any person to come inside the guard lines established at any jail or local detention facility with a gun, pistol, or any other weapon or with

1616

JOURNAL OF THE HOUSE,

or under the influence of any intoxicating liquor, marijuana, or controlled substance as defined in Article 2 of Chapter 13 of Title 16 without the knowledge or consent of the sheriff, warden, or superintendent or his or her designated representative.
(2) Any person who violates paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than four years.'"
By redesignating Section 2 on page 2 as Section 3.

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

Allen
Andenon YAshe E Bailey E Bannister
Barfoot Barnard Bames Bates YBenefield YBirdsong YBohannon N Bordeaux Y Bradford Breedlove Y Bridges Y Brooks Y Brown
EBuck YBuckner
Bunn EBurkhalter YByrd Y Campbell
Canty NCaah
Channel! Y Childera Y Clark NCoan
YColeman, B Coleman, T
N Cornell Y Cooper N Crawford E Crews

Culbreth Y Cummings Y Davis, G
Davis, M EDay NDeLoach, B NDeLoach, G YDfc YDixon YDobU Y Dukes YEhrbart YEpps Y Evans
Everett YFelton
YFloyd N Franklin
Y Golden Y Graves YGreene
Grindley Y Hammontree Y Manner
Harbin N Heard
YHecht YHeckstaU YHegstrom
Henson Y Holland Y Holmes Y Houston
Howard YHudgens Y Hudson, H

Hudson, N Y Hugley Ylrvin
N Jackson Y James YJamieson
Jenlrinn
Johnson Jofamton Y Jones Joyce NKaye NLadd NLakly Lane Lee N Lewis
YLord Y Lucas Y Maddoz YMann N Manning Y Martin, J Y Martin, J.L YMassey YMcBee
McCall McCIinton McKinney N Mills Y Mobley YMosley NMueller YO-Neal YOrrock Parham

Parrish Y Parsons
Pelote
Perry Y Pinholster YPoag YPolak Y Ponder Y Porter
Powell YPurcell YRagas YRandall
Ray Reaves N Reichert NRice Y Richardson Y Roberts N Rogers Y Royal
N Sanders YSauder NScarlett YScheid N Scott N Shanahan
Shaw YSherrill
YShipp YSims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 101, nays 31. The amendment was adopted.

Y Smith, L.R E Smith, P Y Smith, T N Smith, V YSmyre
YSneUing YSnow YStallings N Stancil, F
Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens YTaylor ETeague YTeper
Thomas TUlman E Titus YTolbert YTrense
YTurnquest YTwiggs
Y Walker, L Walker, RL
Y Watson YWest N Westmorland YWhitaker Y Wiles
Y Williams, B Y Williams, J Y Williams, R NWorthan
NYates Y Murphy, Spkr

The following amendment was read:

Representative Roberts of the 162nd moves to amend HB 1739 as follows:
Add a new Section "D" to Section 1 to read
At the discretion of the local sheriff and that the family pay all cost associated with the transfer.

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

FRIDAY, MARCH 6, 1998

1617

N Alien Andenon
YAshe E Bailey E Bannister
Barfoot Banuid Barnes Bates NBenefield NBirdsong NBohannon N Bordeaux Y Bradford YBreedlove Y Bridges N Brooks Y Brown EBuck NBuckner YBunn EBurkhalter YByrd Y Campbell N Canty YCash YChanneU YChilders Y Clark YCoan YColeman, B NColenum, T NConnell Y Cooper YCrawford E Crews

Y Culbreth N CununinffB N Davis, G YDavis, M EDay YDeLoach, B YDeLoach, G YDix NDixon YDobbs Y Dukes YEhihart NEpps Y Evans
Everett YFelton NFloyd Y Franklin Y Golden Y Graves YGreene YGrindley Y Hammontree
Manner Harbin N Heard YHecht Heckstall NHegstrom Henson Y Holland Y Holmes N Houston Howard YHudgens Y Hudson, H

Hudson, N YHugley Ylrvin Y Jackson Y James YJamieson
Jenkins Johnson Y Johnston Jones Joyce YKaye YLadd YLakly YLane Lee N Lewis YLord N Lucas N Maddoi YMann
Y Manning
N Martin, J Y Martin, J.L YMassey NMcBee
McCall McClinton McKinney YMills NMobley NMosley YMueller NO'Neal NOrrock YParham

YParrish Y Parsons YPelote Y Perry YPinholster YPoag NPolak Y Ponder Y Porter
Powell YPurcell NRagas NRandall
Ray Reaves YReichert NRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders YSauder YScarlett YScheid N Scott Y Shanahan YShaw NSherrill YShipp YSims NSinkfield N Skipper Y Smith, C Y Smith, C.W Y Smith, L

On the adoption of the amendment, the ayes were 100, nays 42. The amendment was adopted.

Y Smith, L.R E Smith, P
Smith, T Y Smith, V N Smyre YSnelling YSnow Y Stalling* Y Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephens Y Taylor ETeague YTeper
Thomas Tillman E Titus N Tolbert YTrense Y Tumquest NTwiggs N Walker, L Walker, R.L NWateon YWest Y Weatmoreland Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWoithan YYates Murphy, Spkr

The following amendment was read:

Representative Williams of the 83rd moves to amend HB 1739 as follows: Strike on line "30"
"such inmate, at the discretion of the" Strike lines 31-32

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

N Alien Andenon
NAshe E Bailey E Bannister
Barfoot Barnard Baraes Bates Benefield
NBirdsong YBohannon N Bordeaux Y Bradford YBreedlove
Y Bridges N Brooks Y Brown

EBuck N Buckner YBunn E Burkhalter NByrd Y Campbell N Canty YCash Y Channel! NChilders Y Clark YCoan Y Coleman, B
Coleman, T NConneU Y Cooper Y Crawford E Crews

Culbreth N Cummings N Davis, G
Davis, M EDay YDeLoach, B YDeLoach, G YDii Y Dizon NDobbs N Dukes YEhrhart NEpps Y Evans
Everett YFelton NFloyd Y Franklin

Y Golden Y Graves
Greene YGrindley Y Hammontree N Banner
Harbin N Heard YHecht N Heckstall NHegstrom
Henson Y Holland N Holmes N Houston
Howard YHudgens
Hudson, H

Hudson, N NHugley Ylrvin Y Jackson N James NJamieson
Jenkins Johnson Johnston Jones Joyce YKaye YLadd YLakly NLane Lee Y Lewis NLord

1618

JOURNAL OF THE HOUSE,

Lucas YMaddox YMann Y Mniming N Martin, J Y Martin, J.L YMassey NMcBee YMcCaU
McClinton McKinney Y Mills N Mobley NMosley Y Mueller NO'Neal NOrrock NParham

NParrish Y Parsons
Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder N Porter
Powell NPurcell NRagas NRandall
Ray
Reaves YReichert YRice Y Richardson

Roberts N Rogers N Royal Y Sanders Y Sauder YScarlett YScheid Y Scott N Shanahan NShaw YSherrill YShipp YSims N Sinkfield N Skipper N Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R E Smith, P
Smith, T Y Smith, V NSmyre YSnelUiig NSnow
S tailings N StancU, F Y StancU, S N Stanley, L N Stanley, P Y Stephens N Taylor ETeague NTeper
Thomas Tillman

E Titus NTolbert YTrense N Turnquest NTwiggs N Walker, L
Walker, R.L N Watson NWest Y Westmorland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates N Murphy, Spkr

On the adoption of the amendment, the ayes were 76, nays 70. The amendment was adopted.

Representative Twiggs of the 8th moved that the House reconsider its action in adopting the Williams amendment.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Anderson
YAshe E Bailey E Bannister
Barfoot Barnard Barnes Bates YBenefield YBirdsong NBohannon N Bordeaux N Bradford NBreedlove Y Bridges Y Brooks N Brown EBuck Y Buckner NBunn E Burkhalter YByrd N Campbell N Canty NCash NChanneU Y CUlden N Clark NCoan NColeman, B N Coleman, T Y Cornell N Cooper N Crawford E Crews

Culbreth Y Cununings Y Davis, G N Davis, M EDay NDeLoach, B N OeLoach, G NDiz YOixon YDobbe Y Dukes NEhrhart YEpps N Evans
Everett NFelton YPloyd N Franklin N Golden N Graves
Greece NGriodley N Hammontree Y Banner
Harbin Y Heard NHecht YHeckstall YHegstrom
Henson N Holland Y Holmes Y Houston
Howard NHudgens Y Hudson, H

Hudson, N YHugley NIrvin N Jackson Y James YJamieson
Jenkins Johnson Y Johnston Y Jones Joyce NKaye NLadd NLakly YLane Lee N Lewis YLord Y Lucas NMaddoi YMann
N Manning
N Martin, J N Martin, J.L NMassey YMcBee NMcCall
McClinton McKinney NMills Mobley YMoeley N Mueller YO'Neal YOrrock YParham

NParrish N Parsons
Pelote Y Perry N Pinholster YPoag YPolak N Ponder Y Porter
Powell YPuroell YRagas YRandall
Ray Reaves NReichert NRice N Richardson Y Roberts Y Rogers Y Royal N Sanders N Sauder NScarlett NScheid N Scott YShanahan YShaw YSherrill NShipp YSims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W N Smith, L

N Smith, L.R E Smith, P N Smith, T N Smith, V YSmyre NSnelling YSnow YStallings
StancU, F N StancU, S Y Stanley, L Y Stanley, P
Stephens YTaylor ETeague YTeper
Thomas Tillman E Titus Y Tolbert NTrense Y Turnquest Y Twiggs Y Walker, L Walker, RL Y Watson YWest N Westmoreland NWhitaker N Wiles N Williams, B N Williams, J N Williams, R N Worthan NYates Y Murphy, Spkr

On the motion, the ayes were 69, nays 74. The motion was lost.

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

FRIDAY, MARCH 6, 1998

1619

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Alien Andersen
YAahe EBailey E Bannister
Barfoot Barnard Barne> Bates Benefield YBirdsong NBohannon Y Bordeaux N Bradford YBreedlove Y Bridges Y Brooks N Brown EBuck Buckner N Bunn E Burkhalter YByrd N Campbell Y Canty NCash NChannell NChilden N Clark NCoan NColeman, B YColeman, T Y Cornell Y Cooper N Crawford E Crews

N Culbreth Y Cununings Y Da , G N Davis, M EDay Y DeLoach, B YDeLoach, G NDix NDizon YDobbs Y Dukes NEhrhart YEPP8 N Evans
Everett NFelton YFloyd N Franklin N Golden N Graves NGreene NGrindley N Hanunontree YHanner
Harbin Y Heard NHecht YHeckstall YHegstrom
Henson N Holland YHobnes Y Houston
Howard NHudgens Y Hudson, H

Hudson, N YHugley Nbvin N Jackson Y James N Jamieson
Jenkins Johnson Y Johnston Y Jones Joyce NKaye NLadd NLakly YLane Lee N Lewis YLord Y Lucas YMaddox YMann N Manning Y Martin, J N Martin, J.L NMassey YMcBee YMcCall McClinton McKinney NMills Y Mobley Y Mosley N Mueller YO'Neal YOrrock YParham

YParrish N Parsons Y Pelote Y Perry YPinholster YPoag YPolak N Ponder Y Porter
Powell YPurcell YRagas YRandall
Ray Reaves N Reichert NRice N Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder N Scarlet* NScheid N Scott YShanahan NShaw YShenUl NShipp YSims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W N Smith, L

N Smith, L.R E Smith, P Y Smith, T N Smith, V Y Smyre NSnelling NSnow YStallings Y Stancil, F YStancil, S Y Stanley, L Y Stanley, P
Stephens Y Taylor ETeague YTeper
Thomas Tilhnan E Titus N Tolbert NTrense Y Tumquest YTwiggs Y Walker, L Walker, R.L Y Watson YWest N Westmorland YWhitaker N Wiles N Williams, B N Williams, J N Williams, R N Worthan NYates Y Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 80, nays 66. The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Davis of the 48th moved that the House reconsider its action in failing to give the requisite constitutional majority to HB 1739.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Andenon
YAshe EBailey E Bannister
Barfoot Barnard Bames
Bates Y Benefield
Birdsong NBohannon N Bordeaux
N Bradford NBnedlove N Bridges Y Brooks N Brown EBuck Y Buckner NBunn E Burkhalter
YByrd N Campbell

N Canty NCash NChannell Y Guilders N Clark NCoan N Coleman, B Y Coleman, T YConnell Y Cooper N Crawford E Crews N Culbreth Y Cummings Y Davis, G Y Davis, M EDay YDeLoach, B N DeLoach, G NDix NDixon YDobbs Y Dukes NEhrhart

YEpps N Evans
Everett N Felton YFloyd N Franklin N Golden N Graves
Greene N Grindley N Hanunontree YHanner
Harbin Y Heard NHecht YHeckstall Y Hegstrom
Henson Y Holland Y Holmes Y Houston
Howard N Hudgens Y Hudson, H

Hudson, N YHugley NIrvin N Jackson Y James Y Jamieson
Jenkins Johnson Y Johnston Y Jones Joyce NKaye NLadd NLakly YLane Lee N Lewis YLord Y Lucas Y Maddox YMann N Manning Y Martin, J N Martin, J.L

NMassey YMcBee NMcCall
McClinton McKinney NMills Y Mobley Y Mosley N Mueller YO'Neal YOrrock YParham YParrish N Parsons Y Pelote Y Perry N Pinholster YPoag YPolak N Ponder Y Porter Powell YPurcell YRagas

1620

JOURNAL OF THE HOUSE,

Randall Ray Reaves NReichert NRice N Richardson Y Roberta Y Rogers Y Royal N Sanders YSauder NScarlett

N Scheid N Scott N Shanahan Y Shaw YSherrffl N Shipp Y Sims YSinkfield Y Skipper Y Smith, C N Smith, C.W N Smith, L

N Smith, L.R E Smith, P Y Smith, T N Smith, V Y Smyre N Snelling N Snow Y Stallings Y Stand], F N Stand], S Y Stanley, L Y Stanley, P

Stephens Y Taylor E Teague Y Teper
Thomas TOhnan E Titus N Tolbert N Trense YTurnquest Y Twiggs Y Walker, L

Walker, RL Y Watoon N West N Westmoteland N Whitaker N Wiles N Williams, B N Williams, J N Williams, R N Worthan N Yates Y Murphy, Spkr

On the motion, the ayes were 74, nays 71. The motion prevailed.

The Speaker assumed the Chair.

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.

The following Committee substitute was read:

A BILL
To amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to make unlawful certain practices relating to requests for advance payment and telemarketing transactions; to provide for civil and criminal penalties, including penalties for a felony offense; to provide for vicarious liability under certain circumstances; to define certain terms; to make unlawful certain telemarketing practices relating to the sale of securities and the solicitation of charitable contributions; to amend Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to criminal penalties for violating Code Sections 16-8-2 through 16-8-9 regarding theft, so as to provide for criminal penalties for certain offenses; 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. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended in Part 2 of Article 15 of Chapter 1, the "Fair Business Practices Act of 1975," by adding a new Code section, to be designated as Code Section 10-1-393.6, to read as follows:
"10-1-393.6.
(a) For purposes of this Code section, the term 'telemarketing' shall have the same meaning which it has under Code Section 10-1-393.5. (b) Without otherwise limiting the definition of unfair or deceptive acts or practices under this part and without limiting any other Code section under this part, it shall be unlawful for any person to:
(1) Request a fee in advance to remove derogatory information from or improve a person's credit history or credit record; (2) Request or receive payment in advance from a person to recover, or otherwise aid in the return of, money or any other item lost by the consumer in a prior

FRIDAY, MARCH 6, 1998

1621

telemarketing transaction; provided, however, that this paragraph shall not apply to goods or services provided to a person by a licensed attorney; or (3) In connection with a telemarketing transaction, to procure the services of any professional delivery, courier, or other pickup service to obtain immediate receipt or possession of a consumer's payment, unless the goods are delivered with the opportunity to inspect before any payment is collected. (c) In addition to any civil penalties under this part, any person who intentionally violates subsection (b) of this Code section shall be subject to a criminal penalty under paragraph (4) of subsection (a) of Code Section 16-8-12. In addition thereto, if the violator is a corporation, each of its officers and directors may be subjected to a like penalty; if the violator is a sole proprietorship, the owner thereof may be subjected to a like penalty; and, if the violator is a partnership, each of the partners may be subjected to a like penalty, provided that no person shall be subjected to a like penalty if the person did not have prior actual knowledge of the acts violating subsection (b) of this Code section."
SECTION 2. Said title is further amended in Chapter 5B, relating to deceptive, fraudulent, or abusive telemarketing, by striking in its entirety Code Section 10-5B-2, relating to definitions, and inserting in lieu thereof a new Code Section 10-5B-2 to read as follows:
"10-5B-2.
(a) As used in this chapter, the term: (1) 'Charitable contribution' means the promise or grant of any money or property of any kind or value to be used for any charitable purpose, as that term js defined in Code Section 43-17-2. {t)(2) 'Control,' 'controlling,' 'controlled by,' or 'under common control with' means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise. {2}{3J 'Executive officer' means the chief executive officer, the president, the principal financial officer, the principal operating officer, each vice president with responsibility involving policy-making functions for a significant aspect of a person's business, the secretary, the treasurer, or any other person performing similar functions with respect to any organization, whether incorporated or unincorporated. {3)(4) 'Person' means an individual, a corporation, a partnership, a limited liability company, an association, a joint-stock company, a trust, or any unincorporated organization. {4)(5) 'Secretary of State' means the Secretary of State of the State of Georgia. {6)(6) 'Telephone soliciting business' means a sole proprietorship, partnership, limited liability company, corporation, or other association of individuals engaged in a common effort to solicit sales regulated under this chapter. {6}(7) 'Telephone solicitor' or 'solicitor' means a person, partnership, limited liability company, corporation, or other entity that makes or places telephone calls for the purpose of selling or solicitation of sales as defined in paragraph (7) of this subsection over the telephone, whether the call originates in the State of Georgia or is received in the State of Georgia. ?}(8) 'Telephonic sale,' 'sell telephonically,' 'telephonic selling,' 'telephonic offer for sale,' or 'telephonic solicitation of sale/ and 'telemarketing' means a sale or solicitation of goods or services2 a sale or offer to sell a security as defined in paragraph (26) of subsection (a) of Code Section 10-5-2. OT a solicitation of a charitable contribution, in which: (A) The seller solicits the sale or charitable sale or contribution over the telephone; (B) The purchaser's agreement to purchase or contribute is made over the telephone; and (C) In the case of a sale of goods or services only, the !H*e purchaser, over the telephone, pays for or agrees to commit to payment for goods or services prior to or upon receipt by the purchaser of the goods and services.

1622

JOURNAL OF THE HOUSE,

(b) The rules of statutory construction contained in Chapter 3 of Title 1 shall apply to the interpretation of this chapter."
SECTION 3. Said title is further amended in Chapter SB, relating to deceptive, fraudulent, or abusive telemarketing, by striking in its entirety Code Section 10-5B-4, relating to required and prohibited telephone conduct and activities, and inserting in lieu thereof a new Code Section 10-5B-4, to read as follows:
"10-5B-4.
(a) It shall be unlawful for any person who is jurisdictionally subject to the provisions of Chapter 5 of this title, the 'Georgia Securities Act of 1973'; the provisions of Chapter 5A of this title, relating to commodities and commodity contracts and options; the provisions of Chapter 14 of Title 43, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors; or the provisions of Chapter 17 of Title 43, the 'Georgia Charitable Solicitations Act of 1988,' and who makes any telephonic offer to sell or telephonic sale in this state:
(1) To fail to identify the business initiating the call; (2) To violate any rule, regulation, or order promulgated or issued by the Secretary of State under this chapter; (3) In connection with a telephonic sale, selling telephonically, or telephonic solicitation of sale in or from this state, to employ a device, scheme, or artifice to defraud; (4) In connection with a telephonic sale, selling telephonically, or telephonic solicitation of sale in or from this state, to engage in an act, practice, or course of business that operates or would operate as a fraud or deceit upon a person; er (5) Knowingly to cause to be made, in any document filed with the Secretary of State 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?; or (6) In connection with a telephonic solicitation of a monetary charitable contribution. to use the services of any person as a courier or otherwise to obtain personally receipt or possession of a contribution from a residence. (b) Every person who directly or indirectly controls a person culpable under subsection (a) of this Code section, every general partner, executive officer, or director of such person culpable under subsection (a) of this Code section, every person occupying a similar status or performing similar functions, and every telephone soliciting business or telephone solicitor who participates in any material way in the sale or solicitation of sale is culpable to the same extent as the person whose culpability arises under subsection (a) of this Code section unless the person whose culpability arises under this subsection sustains the burden of proof that he or she did not know and, in the exercise of reasonable care, could not have known of the existence of the facts by reason of which culpability is alleged to exist."
SECTION 4. Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to criminal penalties for violating Code Sections 16-8-2 through 16-8-9 regarding theft, is amended by striking in its entirety paragraph (4) of subsection (a) and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4)(A) The provisions of paragraph (1) of this subsection notwithstanding, if the property which was the subject of the theft was a motor vehicle or was a motor vehicle part or component which exceeded $100.00 in value or if the theft or unlawful activity was committed in violation of subsection (b) of Code Section 10-1-393.5 or in violation of subsection (b) of Code Section 10-1-393.6 or while engaged in telemarketing conduct in violation of Chapter 5B of Title 10, by imprisonment for not less than one nor more than ten years or, in the discretion of the trial judge, as for a misdemeanor; provided, however, that any person who is convicted of a second or subsequent offense under this paragraph shall be punished by imprisonment for not less than one year nor more than 20 years.

FRIDAY, MARCH 6, 1998

1623

(B) Subsequent offenses committed under this paragraph, including those which may have been committed after prior felony convictions unrelated to this paragraph, shall be punished as provided in Code Section 17-10-7; or"
SECTION 5. This Act shall become effective on July 1, 1998, and shall apply to acts and offenses committed on or after said date.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative Parsons of the 40th moves to amend the Committee substitute to HB 1420 as follows:
By adding a new subsection (4) on page 2 which reads as follows:
For any nonlocal business to cause to be listed in any nonclassified advertising local telephone directory a local telephone number for the business if calls to the number are routinely forwarded or otherwise transferred to the nonlocal business location that is outside the calling area covered by such local telephone directory and the listing fails to state clearly the principal place of business of the nonlocal business.
And on page 4 a new subsection (a) which reads as follows
'Nonclassified advertising local telephone directory' refers to any telephone directory which is distributed free of charge to some or all telephone subscribers in any area of the state and which does not contain classified advertising and includes such directories distributed by telephone service companies as well as such directories distributed by. other parties.

Representative Polak of the 67th moves to amend the Committee substitute to HB 1420 as follows:
On Page 5, line 12 between "a" & "contribution" add "monetary"
On Page 3, line 30 replace "(7)" with "(8)"

The Committee substitute, as amended, was adopted.

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

Y Alien Andorson
YAshe E Bailey E Banniater
Barfoot Barnard YBarnes Y Bates
Y Benefield YBirdsong
YBohannon Y Bordeaux Y Bradford YBreedlove

Y Bridges Y Brooks Y Brown EBuck Y Buckner
YBunn E Burkhalter YByrd Y Campbell Y Canty YCash Y Channell YChilders Y Clark YCoan

Y Coleman, B Y Coleman, T Y Connell
Y Cooper Y Crawford E Crews Y Culbreth Y Cummings
Davis, G Y Davis, M EDay YDeLoach, B Y DeLoach, G YDii Y Diion

YDobbs Y Dukes YEhrhart
Epps Y Evans
Everett YFelton YFloyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammonti Y Manner

Harbin Y Heard YHecht Y Heckstall Y Hegstrom YHenson Y Holland Y Holmes
Y Houston Howard
YHudgens Y Hudson, H
Hudson, N Y Hugley Ylrvin

1624

JOURNAL OF THE HOUSE,

Y Jackson
Y James YJamieaon Y Jenkins
Johnson Y Johnston Y Jones
Joyce YKaye YLadd YLaily 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 YMueller YO-Neal YOrtock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster
YPoag YPolak Y Ponder Y Porter

Y Powell YPurcell YRagas YRandall YRay
Reaves YReichert YRice Y Richardson Y 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 E Smith, P Y Smith, T Y Smith, V YSmyre YSneUing YSnow YStallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P
Stephens Y Taylor ETeague

YTeper Thomas Tillman
E Titus YTolbert YTrense Y Turnquest YTwiggs
Y Walker, L 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 152, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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 Annotated, relating to juvenile proceedings, so as to provide for deprivation determinations when the deprivation is committed by persons while under the influence of drugs or alcohol.

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, so as to provide for determinations as to whether deprivation of a child is the result of alcohol or other drug abuse; to authorize the court to prohibit the return of custody of a child to the person having custody when the deprivation occurred unless such person undergoes substance abuse treatment and screenings and such screenings are negative for a specified period; 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 proceedings, is amended by adding at the end of Code Section 15-11-28, relating to juvenile court hearings generally, a new subsection to read as follows:
"(g) At any hearing on a petition alleging deprivation of a child, the court shall make and file its findings as to whether the child is a deprived child, as defined in paragraph (2) of Code Section 15-11-2, and whether such deprivation is found to have been the result of alcohol or other drug abuse."
SECTION 2. Said chapter is further amended by adding at the end of Code Section 15-11-34, regarding the disposition of a deprived child, a new subsection to read as follows:
"(e) If a child is found to be a deprived child and the deprivation is found to have been the result of alcohol or other drug abuse, as specified in subsection (g) of Code Section 15-11-28, and the court orders transfer of temporary legal custody of the child, as provided in paragraph (2) of subsection (a) of this Code section, the court is authorized to further order that legal custody of the child may not be transferred back to the person

FRIDAY, MARCH 6,1998

1625

having custody of the child when the deprivation occurred unless such person undergoes substance abuse treatment and random substance abuse screenings and those screenings remain negative for a period of no less than six consecutive months."
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 Andenon
YAshe EBaUey E Bannister
Barfoot Barnard YBarnes Y Bates YBenefield
Birdsong Y Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown EBuck YBuckner YBunn EBurkhalter YByrd Y Campbell Y Canty YCash Y Channel! YChilders Y Clark YCoan Y Coleman, B YColeman, T YConnell Y Cooper Y Crawford E Crews

Y Culbreth Y Cummings
Y Davis, G Y Davis, M
EDay YDeLoach, B YDeLoach, G
YDix YDiion YDobbe
Y Dukes YEhrhart YEpps Y Evans
Everett YFelton YFloyd Y Franklin Y Golden Y Graves YGreene YGrindley Y Hammontree Y Manner
Harbin Y Heard YHecht
YHeckstall YHegstrom YHenson Y Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, H

Hudson, N Y Hugley Ylrvin Y 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 MftnninK 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 Y Pinholster YPoag YPolak
Y Ponder Y Porter Y Powell YPurcell YRagas YRandaU YRay
Reaves Y Reichert YRice Y Richardson
Y Roberts Y Rogers Y Royal Y Sanders Y Sauder
YScarlett YScheid 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 E Smith, P Y Smith, T
Y Smith, V YSmyre YSneUing YSnow Y Stalling! Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Stephens Y Taylor ETeague YTeper Thomas Tillman E 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 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 substitute.

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.

The following Committee substitute was read and adopted:

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 actions, so as to provide that certain dismissed

1626

JOURNAL OF THE HOUSE,

civil cases may be recommenced in federal court; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 4 of Chapter 2 of Title 9 of the Official Code of Georgia Annotated, relating to dismissal and renewal of civil actions, is amended by striking in its entirety subsection (a) of Code Section 9-2-61, relating to renewal of a case after dismissal, and inserting in its place the following:
"(a) When any case has been commenced in either a state or federal court within the applicable statute of limitations and the plaintiff discontinues or dismisses the same, it may be recommenced in a court of this state or? if permitted by the federal rates of civil procedure, in a federal court either within the original applicable period of limitations or within six months after the discontinuance or dismissal, whichever is later, subject to the requirement of payment of costs in the original action as required by subsection (d) of Code Section 9-11-41; provided, however, if the dismissal or discontinuance occurs after the expiration of the applicable period of limitation, this privilege of renewal shall be exercised only once."
SECTION 2. This Act shall become effective on July 1, 1998, and shall apply to cases dismissed or discontinued 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 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 Andenon
YAshe E Bailey E Bannister
Barfoot Barnard
YBaraes Y Bates Y Benefield
Birdsong YBohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown EBuck Y Buckner YBunn
E 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

Culbreth Y Cumnunf[8 Y Davis, G
Davis, M EDay Y DeLoach, B Y DeLoach, G
YDix YDilon
YDobbs Y Dukes YEbrhart YEpps Y Evans
Everett Y Felton YFloyd Y Franklin Y Golden Y Graves YGreene YGrindley Y Hammontree YHanner
Harbin
Y Heard YHecht Y Heckstall YHegstrom YHenson Y Holland Y Holmes Y Houston
Howard
YHudgens Y Hudson, H

Hudson, N Y Hugley Ylrvin Y Jackson
Y James Y Jamieson
Y Jenkins Johnson
Y Johnston Y Jones
Joyce Kaye YLadd YLakly
YLane YLee Y Lewis YLord Y Lucas YMaddox
YMann Y Manning
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 Y Pelote Y Perry
Y Pinholster YPoag YPolak
Y Ponder Y Porter YPowell YPurcell YRagas
Randall YRay
Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal
Y Sanders YSauder Y Scarlett YScheid Y Scott Y Shanahan YShaw YSherrill YShipp YSims Y Sinkfield Y Skipper
Y Smith, C Smith, C.W
Y Smith, L

Y Smith, L.R E Smith, P Y Smith, T Y Smith, V
YSmyre YSnelUng YSnow YStallings Y Stancil, F Y StancU, S Y Stanley, L Y Stanley, P
Stephens Y Taylor ETeague YTeper
Thomas Tillman
E Titus Y Tolbert 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
Yates Murphy, Spin

FRIDAY, MARCH 6, 1998

1627

On the passage of the Bill, by substitute, the ayes were 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

The following Committee substitute was read:

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; to provide for exceptions; to provide for penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding at the end thereof a new Chapter 89 to read as follows:
"CHAPTER 89
36-89-1. (a) It shall be unlawful for any person to operate on any public road in this state any motor vehicle which is owned or leased by any county, municipality, regional development center, county or independent school system, commission, board, or public authority or which has been purchased or leased by any public official or public employee with public funds, unless there is affixed to the front door on each side of such vehicle a clearly visible decal or seal containing the name of or otherwise identifying such governmental entity. This Code section shall not apply to any vehicle used for law enforcement or prosecution purposes. (b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor."
SECTION 2. 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, is amended by striking Code Section 50-19-2, relating to the requirement that the state seal be placed on motor pool vehicles, which reads as follows:
"50-19-2. The state seal, measuring at least ten inches in diameter, shall be placed on the trunk or some other conspicuous spot on all state owned vehicles included in the motor pool established in Code Section 50-19-1 except law enforcement vehicles used for investigative purposes.",

1628

JOURNAL OF THE HOUSE,

and inserting in its place the following:
"50-19-2.
(a) It shall be unlawful for any person to operate on any public road in this state any motor vehicle which is owned or leased by the state or any branch, department, agency, commission, board, or authority of the state or which has been purchased or leased by any public official or public employee with state funds, unless there is affixed to the front door on each side of such vehicle a clearly visible decal or seal containing the name of or otherwise identifying the governmental entity owning or leasing such vehicle or on behalf of which entity funds were expended to purchase or lease such vehicle. This Code section shall not apply to any vehicle used for law enforcement or prosecution purposes or any vehicle assigned for the transportation of the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the executive head of any department of state government, the chancellor of the University System of Georgia, the Chief Justice of the Supreme Court of Georgia, or any Constitutional state official who is elected by the voters of the entire state or to any vehicle owned or leased by a county or municipality and assigned to an official or employee who is employed pursuant to a contract of employment which requires the furnishing of a motor vehicle to such person and which allows the private use of such vehicle by such person provided the effective date of the contract was prior to January 1, 1998. (b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor."
SECTION 3. This Act shall become effective on the first day of January following the approval of this Act by the Governor or its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Richardson of the 26th moves to amend the Committee substitute to HB 1461 as follows:
Strike Section 1 in its entirety;
Renumber other sections accordingly.
On page 2, strike lines 35 - 41 in their entirety.

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

N Alien Andenon
YAshe E Bailey E Bannister
Barfoot Barnard NBarnes Bates NBenefield NBirdsong YBohannon Y Bordeaux N Bradford NBnedlove Y Bridges N Brooks Y Brown E Buck

N Bucknei N Bunn EBurkhalter N Byrd Y Campbell Y Canty Y Cash
Channel! NChilders Y Clark N Coan Y Coleman, B N Coleman, T N Connell Y Cooper YCrawford E Crews Y Culbreth
Cummings

N Da , G Y Davis, M E Day Y DeLoach, B N DeLoach, G Y Dii N Dixon N Dobbe N Dukes YEhrhart N Epps Y Evans
Everett Y Felton N Floyd Y Franklin Y Golden Y Graves N Gnene

Y Grindley Y Hammontree
Manner Harbin N Heard Y Hecht Y Heckstall Hegstrom N Henson N Holland N Holmes N Houston Howard Y Hudgens Hudson, H Hudson, N Y Hugley Y Irrin N Jackson

N James N Jamieson N Jenkins
Johnson Y Johnston
Jones Joyce Y Kaye Y Ladd Y Lakly Y Lane N Lee Y Lewis N Lord N Lucas YMaddox Y Mann Y Manning N Martin, J

FRIDAY, MARCH 6, 1998

1629

Y Martin, J.L EMassey NMcBee NMcCall N McClinton
McKinney Y Mills N Mobley NMosley Y Mueller NO'Neal NOrrock N Parham NParrish N Parsons N Pelote Y Perry

Y Pinholster YPoag NPolak N Ponder N Porter
Powell NPurcell NRagas NRandall NRay
Reaves YReichert YRice Y Richardson N Roberts Y Rogers N Royal

Y Sanders Y Sauder YScarlett YScheid N Scott N Shanahan NShaw YSherrill NShipp NSims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L Y Smith, L.R E Smith, P

N Smith, T Y Smith, V YSmyre YSnelling YSnow NStallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P
Stephens Y Taylor ETeague NTeper
Thomas Tilhnan E Titus

NTolbert YTrense NTurnquest NTwiggs N Walker, L
Walker, R.L Y Watson YWest Y Westmoreland NWhitaker Y Wiles N Williams, B N Williams, J N Williams, R YWorthan YYates
Murphy, Spkr

On the adoption of the amendment, the ayes were 70, naya 75. The amendment was lost.

Representative Richardson of the 26th moved that the House reconsider its action in failing to adopt the Richardson amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Alien Anderson
YAshe E Bailey E Bannister
Barfoot Barnard NBarnes Bates NBenefield NBirdsong YBohannon Y Bordeaux Y Bradford NBreedlove Y Bridges N Brooks Y Brown EBuck NBuckner N Bunn E Burkhalter NByrd Y Campbell Y Canty YCash Channell NChildere Y Clark NCoan YColeman, B NColeman, T NConnell N Cooper Y Crawford E Crews

Y Culbreth Cummings
N Davis, G Y Davis, M EDay YDeLoach, B NDeLoach, G
Dix NDixon NDobbs N Dukes YEhrhart NEpps Y Evans
Everett Y Felton NFloyd Y Franklin N Golden Y Graves NGreene Y Grindley Y Hammontree N Banner
Harbin N Heard NHecht NHeckstall
Hegstrom NHenson N Holland N Holmes N Houston
Howard YHudgens
Hudson, H

Hudson, N Y Hugley Ylrvin N Jackson N James N Jamieson N Jenkins
Johnson Y Johnston
Jones Joyce YKaye YLadd YLakly NLane NLee Y Lewis NLord Y Lucas YMaddox YMann Y Mflnnintf N Martin, J Y Martin, J.L EMassey NMcBee NMcCall N McClinton McKinney N Mills N Mobley NMosley Y Mueller NO'Neal NOrrock NParham

On the motion, the ayes were 60, nays 85. The motion was lost.

NParrish N Parsons N Pelote Y Perry Y Pinholster NPoag NPolak Y Ponder N Porter
Powell NPurcell NRagas NRandall NRay
Reaves YReichert YRice Y Richardson N Roberts Y Rogers N Royal Y Sanders NSauder YScarlett YScheid N Scott N Shanahan NShaw NShenill NShipp NSims NSinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L

Y Smith, L.R E Smith, P N Smith, T Y Smith, V YSmyre YSnelling YSnow NStallings N Stancil, F Y Stancil, S
Stanley, L N Stanley, P
Stephens YTaylor ETeague NTeper
Thomas Tillman E Titus N Tolbert YTrense N Turnquest NTwiggs N Walker, L Walker, R.L N Watson YWest Y Westmoreland NWhitaker Y Wiles N Williams, B N Williams, J N Williams, R YWorthan YYates Murphy, Spkr

The Committee substitute was adopted.

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

1630

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 Anderson
YAshe E Bailey E Bannister
Barfoot Barnard
YBarom Bates
YBenefield
YBirdsong NBohannon Y Bordeaux Y Bradford
YBreedlove Y Bridges Y Brooks N Brown
EBuck YBuckner YBunn E Burkhalter NByrd Y CampbeU
N Canty NCash
Channel! NChilders
Y Clark YCoan YColeman, B YColeman, T YConneU Y Cooper N Crawford
E Crews

Y Culbretb Cununings
Y Davis, G N Davis, M EDay NDeLoach, B Y DeLoacb, G
Dix YDixon YDobbs Y Dukes YEhrhart
YEpps Y Evans
Everett YFelton
YFloyd N Franklin Y Golden N Graves YGreene NGrindley Y Hammontree Y Banner
Harbin Y Heard YHecht YHeckstall
Hegstrom YHenson Y Holland Y Holmes
Y Houston Howard
NHudgens
Hudson, H

Hudson, N Y Hugley Ylrvin
Y Jackson Y James Y Jamieson
YJenkins Johnson
N Johnston Y Jones
Joyce NKaye YLadd NLakly NLane YLee N Lewis YLord N Lucas YMaddox Y Mann Y Manning Y Martin, J N Martin, J.L YMassey YMcBee YMcCall Y McCUnton
McKinney Y Mills
Mobley YMosley N Mueller YO'Neal YOrrock YParham

YParrish Y Parsons Y Pelote N Perry Y Pinholster YPoag YPolak Y Ponder Y Porter
PoweU YPurcell YRagas YRandall YRiiy
Reaves N Reichert NRice N Richardson Y Roberts N Rogers Y Royal N Sanders Y Sauder N Scarlett NScheid Y Scott Y Snanahan YSnaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

N Smith, L.R E Smith, P Y Smith, T N Smith, V
Smyre NSneUing YSnow YStallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P
Stephens Y Taylor ETeague YTeper
Thomas Tillman E Titus Y Tolbert YTrense Turnquest YTwiggs Y Walker, L Walker, R.L
Y Watson YWest N Westmorland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R N Worthan NYates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 109, nays 35.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Due to a mechanical malfunction, the vote of Representative Smyre of the 136th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 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 Annotated, relating to organization of the executive branch generally, so as to provide for the creation of state service delivery regions.

The following Committee substitute was read:

A BILL
To amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to organization of the executive branch generally, so as to provide for the creation of state service delivery regions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to organization of the executive branch generally, is amended by adding at the end thereof a new Code Section 50-4-7 to read as follows:

FRIDAY, MARCH 6, 1998

1631

"50-4-7.
For the purpose of delivering state services to local units of government and citizens and for the purpose of establishing state agency regional boundaries, there are created 12 state service delivery regions as follows:
(1) State Service Delivery Region 1 shall be composed of Bartow, Catoosa, Chattooga, Dade, Fannin, Floyd, Gilmer, Gordon, Haralson, Murray, Paulding, Pickens, Polk, Walker, and Whitfield counties; (2) State Service Delivery Region 2 shall be composed of Banks, Dawson, Forsyth, Franklin, Habersham, Hall, Hart, Lumpkin, Rabun, Stephens, Towns, Union, and White counties; (3) State Service Delivery Region 3 shall be composed of Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Fulton, Gwinnett, Henry, and Rockdale counties; (4) State Service Delivery Region 4 shall be composed of Butts, Carroll, Coweta, Heard, Lamar, Meriwether, Pike, Spalding, Troup, and Upson counties; (5) State Service Delivery Region 5 shall be composed of Barrow, Clarke, Elbert, Greene, Jackson, Jasper, Madison, Morgan, Newton, Oconee, Oglethorpe, and Walton counties; (6) State Service Delivery Region 6 shall be composed of Burke, Columbia, Glascock, Hancock, Jefferson, Jenkins, Lincoln, McDuffie, Richmond, Screven, Taliaferro, Warren, Washington, and Wilkes counties; (7) State Service Delivery Region 7 shall be composed of Chattahoochee, Clay, Crisp, Dooly, Harris, Macon, Marion, Muscogee, Quitman, Randolph, Schley, Stewart, Sumter, Talbot, Taylor, and Webster counties; (8) State Service Delivery Region 8 shall be composed of Baldwin, Bibb, Crawford, Houston, Jones, Monroe, Peach, Pulaski, Putnam, Twiggs, and Wilkinson counties; (9) State Service Delivery Region 9 shall be composed of Appling, Bleckley, Candler, Dodge, Emanuel, Evans, Jeff Davis, Johnson, Laurens, Montgomery, Tattnall, Telfair, Toombs, Treutlen, Wayne, Wheeler, and Wilcox counties; (10) State Service Delivery Region 10 shall be composed of Baker, Calhoun, Colquitt, Decatur, Dougherty, Early, Grady, Lee, Miller, Mitchell, Seminole, Terrell, Thomas, and Worth counties; (11) State Service Delivery Region 11 shall be composed of Atkinson, Bacon, Ben Hill, Berrien, Brantley, Brooks, Charlton, Clinch, Coffee, Cook, Echols, Irwin, Lanier, Lowndes, Pierce, Tift, Turner, and Ware counties; and (12) State Service Delivery Region 12 shall be composed of Bryan, Bulloch, Camden, Chatham, Effingham, Glynn, Liberty, Long, and Mclntosh counties."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Coleman of the 142nd, et al. move to amend the Committee substitute to HB 1650 by inserting after the word and symbol "regions;" on line 4 of page 1 the following:
"to provide for exceptions;".
By inserting "(a)" preceding the word "For" at the beginning of line 13 of page 1.
By deleting the quotation mark at the end of line 28 of page 2 and inserting between lines 28 and 29 of page 2 the following:
"(b) This Code section shall not apply to or affect mental health districts.'".

The Committee substitute, as amended, was adopted.

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

1632

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
Andereon YAshe E Bailey
E Bannister Barfoot Barnard
YBarnes Bates
YBenefield YBirdsong
Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown EBuck Y Buckner
YBunn EBurkhalter Y Byrd Y Campbell Y Canty YCaah Y Channel! YChflden Y Clark YCoan YColeman, B YColeman, T YConneU Y Cooper YCrawford E Crews

Y Culbreth Y Cununifigs YDavi., G YDavis.M EDay YDeLoach, B YDeLoach,G YDfc YDinm YDobbs Y Dukes YEhrhart
YEpps Y Evans
Isvorott YFelton YFloyd Y Franklin N Golden Y Graves YGreene YGrindley Y Hammontree Y Manner
Harbin Y Heard YHecht
YHeckstall YHegstrom YHenaon Y Holland
Y Holmes Y Houston
Howard YHudgens Y Hudson, H

Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins
Johnson Y Johnston Y Jones
Joyce YKaye YLadd NLakly NLane YLee Y Lewis YLord Y Lucas YMaddoi YMann Y Nfanniiifi Y Martin, J N Martin, J.L YMassey YMcBee YMcCall Y McClinton
McKinney YMills Y Mobley YMosley
Mueller YOTJeal YOrrock YParham

Y Fairish Y Parsons Y Pelote Y Perry N Pinholster YPoag YPolak Y Ponder Y Porter YPowell YPurcell
YRagas YRandall
YRay Reaves
Y Reichert
YRice N Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett NScheid Y Scott YShanahan NShaw YSherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L

Y Smith, L.R E Smith, P
Smith, T Y Smith, V YSmyre YSnelling YSnow YStalUngs Y Stancil, F N Stancil, S
Stanley, L Y Stanley, P
Stephens Y Taylor ETeague YTeper
Thomas Tillman E Titus YTolbert YTrense Turnquest YTwiggs Y Walker, L Walker, R.L Y Watson YWest N Westmoreland Whi taker Y Wiles Y Williams, B N Williams, J YWiUiams,R YWorthan YYates Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 136, nays 12.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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.

The following Committee substitute was read and adopted:

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 an additional deduction with respect to certain bad credit card debt; to provide for procedures; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 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, is amended

FRIDAY, MARCH 6, 1998

1633

by striking Code Section 48-8-45, relating to reporting cash and credit sales, and inserting in its place a new Code Section 48-8-45 to read as follows:
"48-8-45. (a) Any person taxable under this article having both cash and credit sales may report the sales on either the cash or accrual basis of accounting. Each election of a basis of accounting shall be made on the first return filed and, once made, the election shall be irrevocable unless the commissioner grants written permission for a change. Permission for a change in the basis of accounting shall be granted only upon written application and under rules and regulations promulgated by the commissioner. (b) Any person reporting on a cash basis of accounting shall include in each return all cash sales made during the period covered by the return and all collections made in any period on credit sales of prior periods and shall pay the tax on the sales at the time of filing the return. (c) Any person reporting on the accrual basis of accounting shall be allowed a deduction for bad debts under rules and regulations of the commissioner on the same basis that bad debts are allowed as a deduction on state income tax returns. In the case of an assignee of credit card debt purchased directly from a dealer without recourse, the assignee reporting on the accrual basis of accounting or a credit card bank which extends such credit to customers under a private label credit card program shall be allowed a deduction for bad credit card debts under rules and regulations of the com missioner on the same basis that bad credit card debts are allowed as a deduction on state income tax returns."
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 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 Andenon
YAshe E Bailey E Bannister
Barfoot Barnard YBarnn Bates YBenefield YBirdsong N Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown
EBuck YBuckner YBunn E Burkhalter YByrd Y Campbell
Canty YCash YCnannell
YChilders Y Clark YCoan

Y Coleman, B YColeman, T
YConnell Y Cooper Y Crawford E Crews YCulbreth Y Cummings Y Davis, G YDavis, M EDay YDeLoach, B YDeLoach, G YDii YDixon YDobbs
Y Dukes YEhrhart YEpps Y Evans
Everett Felton YFloyd Y Franklin Y Golden
Y Graves YGreene
Grindley Y Hanunontree Y Banner

Harbin
Y Heard YHecht YHeckstall YHegstrom
Henson Y Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, H
Hudson, N Y Hugley Ylrvin Y Jackson
Y James Y Jamieson YJenkins
Johnson Y Johnston Y Jones
Joyce YKaye YLadd YLakly
YLane YLee Y Lewis YLord

Y Lucas Y Maddoi YMann Y Manning
Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McCUnton Y McKinney Y Mills
Y Mobley YMosley Y Mueller YO'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry YPinholster
YPoag YPolak
Ponder Y Porter YPowell YPurceU
YRagas

YRandall YRay
Reaves YReichert YRice Y Richardson Y 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 E Smith, P Y Smith, T Y Smith, V
Smyre YSnelling

1634

JOURNAL OF THE HOUSE,

YSnow Y Stalling Y Stand!, F Y Stand!, S
Stanley, L Y Stanley,?

Stephens Taylor ETeague Y Teper Thomas Tilhnan

E Titua YTolbert YTrense Y Turnquest Y Twiggs Y Walker, L

Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles

Y Williams, B Y Williams, J Y Williams, R Y Wortoan Y Yates
Murphy, Spin-

On the passage of the Bill, by substitute, the ayes were 145, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

The following Committee substitute was read and adopted:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide for special veto consideration sessions of the General Assembly; to provide that such sessions shall be held when any veto from a regular or special session is not considered at that regular or special session; to provide for the time and manner of convening such special veto consideration sessions; to provide for a limit on meeting days at such sessions; 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 III, Section V of the Constitution is amended by striking Paragraph XIII and inserting in its place a new Paragraph XIII to read as follows:
"Paragraph XIII. Approval, veto, and override of veto of bills and resolutions, (a) All bills and all resolutions which have been passed by the General Assembly intended to have the effect of law shall become law if the Governor approves or fails to veto the same within six days from the date any such bill or resolution is transmitted to the Governor unless the General Assembly adjourns sine die e* adjourns fer mere than 49 days prior to the expiration of said six days. In the case of such adjournment sine die or ofreh adjournment for store than 49 days, the same shall become law if approved or not vetoed by the Governor within 40 days from the date of any such adjournment.
(b) During sessions of the General Assembly or during any period of adjournment or recess of a session of the General Assembly, no bill or resolution shall be transmitted to the Governor after passage except upon request of the Governor or upon order of two-thirds of the membership of each house. A local bill which is required by the Constitution to have a referendum election conducted before it shall become effective shall be transmitted immediately to the Governor when ordered by the presiding officer of the house wherein the bill shall have originated or upon order of two-thirds of the membership of such house.
(c) The Governor shall have the duty to transmit any vetoed bill or resolution, together with the reasons for such veto, to the presiding officer of the house wherein it originated within three days from the date of veto if- the General Assembly is in sessk eft the date of transmission. If- the General Assembly adjourns sine die or adjouma
IOP 19OF& tnflTt 4W ClflySj Ul6 \j OVCM1OT 9nfnr tPftHSHftir flliy VClOCQ Dill Or jTG
it originated within 69 days the date of atteh adjournment. (d) Sttrifig sessions of the General Assembly, any Any vetoed bill or resolution
received during a legislative session or any period of adjournment or recess of a session

FRIDAY, MARCH 6, 1998

1635

of the General Assembly may upon receipt be immediately considered by the house wherein it originated for the purpose of overriding the veto. If two-thirds of the members to which such house is entitled vote to override the veto of the Governor, the same shall be immediately transmitted to the other house where it shall be immediately considered. Upon the vote to override the veto by two-thirds of the members to which such other house is entitled, such bill or resolution shall become law.
(e) AH feBte and resolutions If any bill or resolution or item of appropriation is vetoed during the last three days of the any regular or special session and not considered at such session for the purpose of overriding the veto and ell bills and resolutions or if any bill, resolution, or item of appropriation is vetoed after the General Assembly has adjourned sine die2 then there shall be held a special veto consideration session of the General Assembly. Only bills, resolutions, or items of appropriation so vetoed may be considered at the nest session such veto consideration session of the General Assembly for the purpose of overriding the veto in the manner herein provided. If either house shall fail to override the Governor's veto, neither house shall again consider such bill or resolution for the purpose of overriding such veto. The date of the special veto consideration session shall be fixed by the President of the Senate and the Speaker of the House of Representatives. The President of the Senate and the Speaker shall fix the date of the special veto consideration session within 50 days from the date of the adjournment of the regular or special session; provided that if the President of the Senate and the Speaker have not so fixed the date within such 50 day period, then the special veto consideration session shall convene on the first Monday more than 60 days after the date of adjournment of the regular or special session. However, if the convening of any other regular or special session will otherwise intervene prior to the date on which the special veto consideration session would otherwise be convened, the special veto consideration session shall not be convened and the veto or vetoes which would otherwise be subject to consideration at such special veto consideration session may instead be considered at the intervening regular or special session. No call of the Governor shall be necessary for the convening of a special veto consideration session. No special veto consideration session shall last longer than five days; and any days of a special veto consideration session shall not count towards the 40 day limit for meeting in regular session.
{e}(f) The Governor may approve any appropriation and veto any other appropriation in the same bill, and any appropriation vetoed shall not become law unless such veto is overridden in the manner herein provided."
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to provide for sessions of the General Assembly not to exceed five days for the purpose of allowing the
( ) NO General Assembly to consider the overriding of vetoes by the Governor?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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

Y Alien Andersen
YAihe

E Bailey E Bannister
Barfoot

Barnard Y Bamea
Bates

Y Benefield Y Birdsong Y Bohannon

Y Bordeaux Y Bradford Y Breedlove

1636

JOURNAL OF THE HOUSE,

Y Bridges Y Brooks Y Brown EBuck YBuckner Y Bunn E Burkhalter YByrd YCampbeU
Y Canty YCash YChannell YChilden Y Clark
YCoan YColeman, B
YColeman, T YConnell
Y Cooper Y Crawford B Crews YCulbreth Y Cununings Y Davis, G YDavie, M EDay
YDeLoach, B YDeLoach, G YDix YDfcon YDobbe Y Dukes YEhrhart

YEpps Y Evans
Everett Y Felton
YFloyd Y Franklin Y Golden Y Graves YGreene
Grindley YHammontree Y Banner
Harbin Y Heard
YHecht YHeckstall YHegstrom YHenson
Y Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, H
Hudson, N YHugley YInrin
Y Jackson Y James Y Jamieson Y Jenkins
Johnson
Y Johnston

Y Jones Joyce Kaye
YLadd Lakly
YLane YLee Y Lewis YLord Y Lucas YMaddox YMann Y Manning Y Martin, J Y Martin, J.L
YMassey YMcBee YMcCall Y McClinton
YMcKinney YMills Y Mobley YMosley YMueller YO'Neal YOrrock YParham YParrish Y Parsons YPelote 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
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 E Smith, P Y Smith, T

Y Smith, V YSmyre YSnelling YSnow Y Stalling? Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Stephens Y Taylor ETeague YTeper
Thomas Tillman
E Titus YTolbert YTrense Y Tumquest YTwiggs Y Walker, L
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, by substitute, the ayes were 148, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

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 Annotated, relating to apportionment and qualifications for the House of Representatives, so as to provide for the description of representative districts 84 and 87.

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

Y Alien Anderson
YAshe E Bailey E Bannister
Barfoot Barnard YBaroes Bates Y Benefield YBirdsong
YBohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown EBuck

Y Buckner YBunn E Burkhalter
YByrd Y Campbell Y Canty YCash YChannell YChilders Y Clark YCoan Y Coleman, B Y Coleman, T
Connell Y Cooper Y Crawford
E Crews Y Culbreth
Y Cummings

Y Davis, G Y Davis, M EDay YDeLoach, B Y DeLoach, G
YDix YDixon YDobbs Y Dukes YEhrhart YEpps Y Evans
Everett Y Felton YFloyd Y Franklin
Y Golden Y Graves Y Greene

Grindley Y Hammontree YHanner
Harbin Y Heard YHecht YHeckstall
YHegstrom YHenson Y Holland Y Holmes
Y Houston Howard
Y Hudgens Y Hudson, H
Hudson, N Y Hugley Ylrvin Y Jackson

Y James Y Jamieson Y Jenkins
Johnson Y Johnston Y Jones
Joyce YKaye YLadd Y Lakly
YLane YLee
Y Lewis YLord Y Lucas
Y Maddox YMann Y Manning Y Martin, J

FRIDAY, MARCH 6, 1998

1637

Martin, J.L YMawey YMcBee YMcCall YMcClinton
McKinney Y Mills YMobley YMoeley YMueller YO-Neal YOnock YPaiham YPaniah Y Parsons YPeloU Y Perry

YPinholster YPoag YPolak Y Ponder Y Porter YPowell YPurceU YRagu YRandall YRay
Reaves YReichert YRice Y Richardson Y Roberts Y Rogers Y Royal

Y Sanders YSauder Y Scarlett YScheid
N 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 E Smith, P

Y Smith, T Y Smith, V YSmyre YSnelling
YSnow Y Stalling* YStancil,F YStancil, S
Stanley, L Stanley, P
Stephens Y Taylor ETeague YTeper
Thomas Tillman
E Titus

Y Tolbert YTrense Y Turnquest
Y Walker, L Walker, R.L
Y Watson YWest Y Westmoreland Y Whitaker Y Wiles
Williams, B YWUliams,J Y Williams, R
Worthan YYates
Murphy, Spkr

On the passage of the Bill, the ayes were 146, nays 1. The Bill, having received the requisite constitutional majority, was

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

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.

Representative Stancil of the 16th moved that HB 1170 be placed upon the table.

Representative Williams of the 83rd moved to adjourn until 10:00 o'clock Monday morning.
On the motion, the roll call was ordered and the vote was as follows:

N Alien Anderson
NAshe
E Bailey E Bannister
Barfoot Barnard NBames
Bates N Benefield
NBirdsong NBohannon N Bordeaux N Bradford NBraedlove N Bridges N Brooks N Brown EBuck
N Buclmer NBunn E Burkhalter NByrd N Campbell Y Canty NCash N Channel! NChilders N Clark

NCoan N Coleman, B NColeman, T NConnell N Cooper N Crawford
E Crews N Culbreth
N Cummings NDavis, G NDavis, M EDay N DeLoach, B NDeLoach, G NDiz
NDixon YDobbs N Dukes NEhrhart NEpps N Evans
Everett N Pelton NFloyd N Franklin
N Golden N Graves NGreene N Grindley

N Hammontree N Manner
Harbin N Heard
NHecht NHeckstaU YHegstrom NHenson N Holland N Holmes N Houston
Howard
NHudgens N Hudson, H
Hudson, N N Hugley NIrvin N Jackson
N James N Jamieson
N Jenkins Johnson
N Jobnston N Jones
Joyce NKaye NLadd
Lakly Lane

NLee N Lewis
NLord N Lucas N Maddoi YMann N Manning Y Martin, J N Martin, J.L
NMassey NMcBee NMcCall
Y McClinton McKinney
N Mills Mobley
NMoeley N Mueller NO'Neal YOrrock NParham
NParrUh N Parsons N Pelote
Y Perry Y Pinbolster
NPoag YPolak N Ponder

N Porter N Powell NPurcell
NRagas N Randall
NRay Reaves
N Reichert NRice N Richardson N Roberts
N Rogers N Royal
Y Sanders Sauder
Y Scarlett YScheid N Scott N Shanahan NShaw N Sherrill NShipp NSims N Sinkfield N Skipper N Smith, C N Smith, C.W N Smith, L N Smith, L.R

1638

JOURNAL OF THE HOUSE,

E Smith,? N Smith, T N Smith, V NSmyre NSnelling NSnow YStallings

N Stancil, F Y Stancil, S N Stanley, L N Stanley, P
Stephens NTaylor ETeague

YTeper Thomas Tilhnan
E Titus N Tolbert
NTrense N Turaquest

Twiggs N Walker, L
Walker, R.L
N Watson YWest N Westmoreland N Whitaker

NWUes N Williams, B Y Williams, J N Williams, R N Worthan NYates
Murphy, Spkr

On the motion, the ayes were 18, nays 131. The motion was lost. On the motion to table HB 1170, the roll call was ordered and the vote was as follows:

N Alien
Anderson YAshe E Bailey E Bannister
Bartoot Barnard NBarnes Bates NBenefield YBirdsong N Bohannon N Bordeaux N Bradford Breedlove N Bridges Y Brooks Y Brown
EBuck NBuckner NBunn E Burkhalter YByrd N Campbell Y Canty YCash N Channell N Childers N Clark NCoan Y Coleman, B Y Coleman, T NConneU N Cooper Y Crawford E Crews

Y Culbreth N Cummings
Davis,G N Da , M EDay NDeLoach, B
DeLoach, G YDii NDiion
Dobbe N Dukes YEhrhart
NEpps Y Evans
Everett Felton
NFloyd N Franklin Y Golden Y Graves NGreene N Grindley N Hammontree N Manner
Harbin Y Heard NHecht YHeckstall
YHegstrom Henson
N Holland Y Holmes
Y Houston Howard
NHudgens N Hudson, H

Hudson, N Y Hugley Ylrvin N Jackson N James YJamieson NJenkins
Johnson N Johnston N Jones
Joyce YKaye NLadd NLakly
Lane NLee N Lewis YLord Y Lucas
YMaddoz Mann
Y Manning
Y Martin, J Y Martin, J.L NMassey NMcBee YMcCall Y McClinton
McKirmey N Mills Y Mobley YMosley N Mueller NO'Neal YOrrock YParham

YParrish N Parsons N Pelote Y Perry Y Pinholster NPoag YPolak Y Ponder Y Porter YPowell NPurcell NRagas NRandall NRay
Reaves Y Reichert NRice N Richardson
N Roberts N Rogers N Royal
Y Sanders Y Sauder Y Scarlett YScheid N Scott N Shanahan NShaw NSherrill
Shipp NSims
Sinkfield N Skipper N Smith, C N Smith, C.W N Smith, L

Y Smith, L.R E Smith, P N Smith, T Y Smith, V YSmyre NSneUing NSnow YStallings Y Stancil, F Y Stancil, S N Stanley, L N Stanley, P
Stephens Y Taylor ETeague YTeper
Thomas Tillman E Titus Y Tolbert NTrense N Turnquest
N Walker, L Walker, R.L
N Watson YWest N Westmoreland NWhitaker N Wiles Y Williams, B Y Williams, J Y Williams, R N Worthan YYates
Murphy, Spkr

On the motion, the ayes were 64, nays 80. The motion was lost.

The following substitute offered by Representatives Jones of the 71st, Trense of the 44th and Walker 141st, was read:

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; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is amended by inserting at the end thereof the following:

FRIDAY, MARCH 6,1998

1639

"16-12-106.
(a) It shall be unlawful for any person 18 years of age or older who is engaged in the business of selling sound recordings to the public for a profit to sell to any person under the age of 18 years any sound recording bearing the parental advisory logo imposed by the Recording Industry Association of America identifying the sound recording as containing strong language or expressions of violence, sex, or substance abuse. (b) Any person found guilty of violating the provisions of this Code section, on the first offense, with a fine not to exceed $50.00, and on the second offense and later offenses, shall be punished as for a misdemeanor."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:
Representative Teper of the 61st moves to amend the Floor substitute to HB 1170 as follows: On line 18 page 1 between the words "bearing" and "the" add the words
"or which should bear".

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

Y Alien Andenon
NAshe E Bailey
E Bannister Barfoot Barnard
YBarnes
Bate* Y Benefield YBirdsong YBohannon N Bordeaux Y Bradford NBreedlove N Bridges Y Brooks N Brown EBuck YBuckner YBunn EBurkhalter YByrd N Campbell Y Canty
NCash Y Channel]
Y Guilders Y Clark NCoan Y Coleman, B YColeman, T Y Council Y Cooper Y Crawford E Crews

Y Culbreth Y Cummings
Davis, G N Davis, M EDay NDeLoach, B YDeLoach, G NDix YDixon YDobbs Y Dukes NEhrhart YEpps N Evans
Everett Y Felton
NFloyd Y Franklin Y Golden
N Graves YGreene Y Grindley
Y Hammontree YHanner
Harbin
Y Heard YHecht N Heckstall YHegstrom NHenuon Y Holland N Holmes
N Houston Howard
YHudgens Y Hudson, H

Hudson, N YHugley NIrvin Y Jackson Y James N Jamieson YJenkins
Johnson Y Johnston
Y Jones Joyce
NKaye YLadd NLakly
Lane YLee Y Lewis YLord Y Lucas Y Maddoi
Mann Y Manning Y Martin, J N Martin, J.L
YMassey YMcBee NMcCall
Y McClinton McKinney
Y Mills Y Mobley YMosley Y Mueller YO'Neal NOrrock N Parham

NParrish Y Parsons YPelote N Perry Y Pinholster
YPoag YPolak N Ponder
N Porter N Powell YPurcell
YRagas YRandall YRay
Reaves N Reichert NRice Y Richardson N Roberts Y Rogers Y Royal N Sanders
Y Sauder N Scarlett
Y Scheid N Scott Y Shanahan
YShaw Y Sherrill NShipp YSims Y Sinkfield Y Skipper
N Smith, C N Smith, C.W
N Smith, L

On the adoption of the amendment, the ayes were 101, nays 48. The amendment was adopted.

Y Smith, L.R E Smith, P
N Smith, T N Smith, V YSmyre YSnelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephens Y Taylor ETeague Y Teper
Thomas Tillman E Titus N Tolbert NTrense Y Tumquest Twiggs Y Walker, L Walker, R.L
Y Watson West
Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R N Worthan
NYates Murphy, Spkr

The following amendment was read and adopted:

1640

JOURNAL OF THE HOUSE,

Representatives Smith of the 169th and Jones of the 71st move to amend the Floor substitute to HB 1170 by inserting after the word "abuse" on line 21 of page 1 the following:
"or any sound recording, whether or not it bears such logo which has identical content".

The following amendment was read:

Representatives Byrd of the 170th, Irvin of the 45th and Sims of the 167th move to amend the Floor substitute to HB 1170 by adding on line 4 of page 1 immediately following the word " minors" the following:
"and the purchase or attempted purchase of such recordings by minors".
By striking lines 22 through 25 of page 1 and inserting in lieu thereof the following:
"(b) No person under 18 years of age shall purchase or attempt to purchase any sound recording bearing the parental advisory logo imposed by the Recording Industry Association of America identifying the sound recording as containing strong language or expressions of violence, sex, or substance abuse.
(c) No person under 18 years of age shall misrepresent his or her identity or use any false identification for the purpose of purchasing any such sound recording.
(d) Any person found guilty of violating the provisions of subsection (a), (b), or (c) of this Code section shall be punished as for a misdemeanor. Furthermore, the driver's license of any person convicted of purchasing or attempting to purchase sound recordings as described in subsection (a) of this Code section in violation of subsection (b) or (c) of this Code section upon the first conviction shall be suspended for six months and upon the second or subsequent conviction shall be suspended for one year.'"

The following amendment was read:

Representative Dobbs of the 92nd moves to amend the Byrd amendment to HB 1170 by adding a new paragraph (d) between lines 17 & 18
(d) No parent shall allow his or her child, under the age of 18, to rent any tape or video which is not appropriate according to the parent's judgement.
Change (d) on line 18 to (e).

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

Y Alien Andenon
YAshe E Bailey E Bannister
Barfoot Barnard NBarnes Bates
NBenefield N Birdsong N Bohannon N Bordeaux N Bradford YBreedlove N Bridges Y Brooks N Brown EBuck YBuckner

N Bunn E Burkhalter
Y Byrd N Campbell
Canty YCash Y ChanneU N Guilders N Clark
N Coan Y Coleman, B Y Coleman, T Y Cornell N Cooper N Crawford E Crews Y Culbreth Y Cummings YDavis, G N Davis, M

E Day Y DeLoach, B
Y DeLoach, G N Dii Y Diion Y Dobbs Y Dukes N Ehrhart N Epps
Y Evans Everett
Y Felton N Floyd N Franklin Y Golden N Graves Y Greene N Grindley N Hammontree N Banner

Harbin Y Heard
Y Hecht Y Heckstall Y Hegstrom N Henson Y Holland N Holmes N Houston
Howard N Hudgens N Hudson, H
Hudson, N Y Hugley N Irvin N Jackson N James Y Jamieson Y Jenkins
Johnson

N Johnston N Jones
Joyce N Kaye Y Ladd N Lakly
Lane N Lee Y Lewis
Y Lord Y Lucas N Maddox
Mann N Manning Y Martin, J Y Martin, J.L N Massey Y McBee N McCall Y McClinton

FRIDAY, MARCH 6, 1998

1641

McKinney N Mills YMobley YMosley NMueller NO'Neal YOrrock Y Parham YParrish N Parsons NPelote Y Perry YPinholster NPoag YPolak N Ponder

Y Porter Y Powell N Purcell N RagaB N RandaU N Ray
Reaves N Reichert N Rice N Richardson N Roberts N Rogers N Royal Y Sanders NSauder Y Scarlett

N Scheid N Scott Y Shanahan Y Shaw Y Sherrill NShipp Y Sims Y Sinkfleld N Skipper N Smith, C N Smith, C.W N Smith, L N Smith, L.R E Smith, P N Smith, T N Smith, V

Y Smyre N Snelling Y Snow Y Stalling Y Stancil, F Y Stancil, S N Stanley, L N Stanley, P
Stephens Y Taylor E Teague Y Teper
Thomas Tillman E Titus N Tolbert

On the adoption of the amendment, the ayes were 65, nays 84. The amendment was lost.

Y Trense N Turnquest
Twiggs N Walker, L
Walker, R.L N Watoon
West N Westmorland N Whitaker N Wiles Y Williams, B N Williams, J N Williams, R N Worthan N Yates
Murphy, Spkr

The Byrd amendment was adopted.

The following amendment was read and adopted:

Representative Channell of the lllth moves to amend the Floor substitute to HB 1170 as follows:
Page 1, line 14 - strike the words "18 years of age or"
Page 1 line 15 - strike the word "older".

The following amendment was read:

Representative Canty of the 52nd moves to amend the Floor substitute to HB 1170 as follows: Line 14, after the word person, add,
or business or mail distribution house.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Alien Andenon
Y Ashe E Bailey E Bannister
Barfoot Barnard YBarnes Bates NBenefield NBirdsong YBohannon N Bordeaux Y Bradford YBreedlove N Bridges Y Brooks Y Brown EBuck YBuckner YBunn
E Burkhalter YByrd

N Campbell Y Canty Y Cash Y Channell N Childers N dark Y Coan Y Coleman, B Y Coleman, T Y Connell
Cooper Y Crawford E Crews Y Culbreth N Cummings Y Davis, G N Da , M E Day YDeLoach, B Y DeLoach, G Y Dii
N Diion Y Dobbs

Y Dukes Y Ehrhart Y Epos Y Evans
Everett N Felton N Floyd N Franklin Y Golden N Graves Y Greene N Grindley Y Hammontree N Banner
Harbin Y Heard Y Hecht Y Heckstall Y Hegetrom N Henson Y Holland
Y Holmes Y Houston

Howard Y Hudgens Y Hudson, H
Hudson, N Y Hugley Y Irvin N Jackson N James Y Jamieson Y Jenkins
Johnson N Johnston N Jones
Joyce Y Kaye Y Ladd Y Lakly
Lane N Lee Y Lewis Y Lord
Y Lucas Y Maddoi

Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney N Mills YMobley Y Moeley Y Mueller NO'Neal YOrrock Y Parham YParrish Y Parsons Y Pelote Y Perry YPinholster
Y Poag YPolak

1642

JOURNAL OF THE HOUSE,

N Ponder Y Porter YPowell MPurcell N Rasas NRandall YRay
Reaves NReichert
YRice Y Richardson N Roberts N Rogers

N Royal Y Sanders Y Sauder NScarlett YScheid Y Scott Y Shanahan YShaw YSherriU YShipp YSims YSinkfield N Skipper

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R E Smith, P Y Smith, T N Smith, V YSmyre NSneUing YSnow YStallings Y Stancil, F Y Stancil, S

N Stanley, L N Stanley, P
Stephens Y Taylor ETeague YTeper
Thomas Tillman E Titus N Tolbert YTrense N Turnquest Twiggs

On the adoption of the amendment, the ayes were 103, nays 46. The amendment was adopted.

N Walker, L Walker, R.L
N Watson West
N Westmorland YWhitaker N Wiles Y Williams, B Y Williams, J Y Williams, R N Worthan NYates
Murphy, Spkr

The Floor substitute, as amended, was adopted.

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

N Alien Anderson
NAshe E Bailey E Bannister
Barfoot Barnard YBarnes
Bates Y Benefield YBirdsong YBohannon Y Bordeaux Y Bradford N Breedlove Y Bridges N Brooks Y Brown EBuck Y Buckner YBunn E Burkhalter NByrd Y Campbell N Canty YCash YChannell Y Childers Y Clark YCoan Y Coleman. B N Coleman, T YConnell Y Cooper N Crawford ECrewB

N Culbreth Y Cummings
Davis, G Y Davis, M EDay Y DeLoach, B Y DeLoach, G NDix YDiion NDobbs N Dukes YEhrhart NEpps N Evans
Everett Y Felton NFloyd Y Franklin N Golden N Graves NGreene Y Grindley Y Hammontree Y Manner
Harbin N Heard YHecht NHeckstall N Hegstrom N Henson Y Holland N Holmes N Houston
Howard Y Hudgens Y Hudson, H

Hudson, N N Hugley Ylrvin Y Jackson Y James N Jamieson Y Jenkins
Johnson Y Johnston Y Jones
Joyce Kaye YLadd NLakly Lane YLee Y Lewis YLord N Lucas NMaddoi Mann Y Manning N Martin, J Y Martin, J.L YMassey YMcBee NMcCall N McClinton McKinney Y Mills N Mobley NMosley Y Mueller YO'Neal NOrrock NParham

N Parrish Y Parsons Y Pelote N Perry N Pinholster YPoag NPolak N Ponder N Porter N Powell NPurceU NRagas YRandall NRay
Reaves N Reichert YRice Y Richardson Y Roberts N Rogers Y Royal Y Sanders Y Sauder N Scarlett NScheid Y Scott Y Shanahan YShaw N Sherrill YShipp YSims N Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

N Smith, L.R E Smith, P Y Smith, T N Smith, V NSmyre YSneUing YSnow NStallings N Stancil, F N Stancil, S Y Stanley, L Y Stanley, P
Stephens N Taylor ETeague NTeper
Thomas Tillman E Titus N Tolbert YTrense Y Turnquest Twiggs Y Walker, L Walker, R.L Y Watson West Y Westmorland YWhitaker Y Wiles Y Williams, B N Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 86, nays 62. The Bill, having failed to receive the requisite constitutional majority, was lost.

Pursuant to HR 1165, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, March 9, 1998.

MONDAY, MARCH 9, 1998

1643

Representative Hall, Atlanta, Georgia Monday, March 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:

Ashe Bannister Barnard Baraes Birdsong Bohannon Bradford Bridges Brooks Brown Buck Buckner Bunn Burkhalter Byrd Campbell Cash Cbannell ChUdere Clark Coon Coleman, B Connell Crawford Crews Culbreth

Cummings Davis, G Davis, M EDay DeLoach, B
DeLoach, G Dizon
Dobbs Dukes Ehrhart
Epps Evans Ererett Felton
Floyd Franklin
Greene Grindley Hammontree Heard Hecht Hegstrom Holland Houston Howard
Hudgens

Hudson, H Hudson, N
?an Johnson Kaye Ladd Lakly Lewis Lord Lucas Mann Manning Martin, J Martin, J.L Massey McBee McClinton McKinney Mills Mosley Mueller O'Neal Par ham Pelote Perry

Pinholster Poag Ponder Porter Powell Purcell Ray Rice Richardson Royal Sanders Sauder Scarlett Scheid Scott Shanahttn SherrUl Sims Sinkfield 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 Taylor ETeague Teper Thomas Titus Tolbert Trense Turnquest Twiggs Walker, R.L E Watson 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 Bailey of the 93rd, Harbin of the 113th, Reichert of the 126th, Heckstall of the 55th, Anderson of the 116th, Maddox of the 72nd, Reaves of the 178th, Tilhnan of the 173rd, Randall of the 127th, Jamieson of the 22nd, Shipp of the 38th, Cooper of the 31st, James of the 140th, Canty of the 52nd, Rogers of the 20th, Henson of the 65th, Jenkins of the 110th, Williams of the 83rd, Jones of the 71st, Parrish of the 144th, Mobley of the 69th, Roberts of the 162nd, Orrock of the 56th, Benefield of the 96th, Lee of the 94th, Graves of the 125th, Stanley of the 49th, Bordeaux of the 151st, Westmoreland of the 104th, Breedlove of the 85th, McCall of the 90th, Shaw of the 176th, Parsons of the 40th, Irvin of the 45th, Bates of the 179th, Golden of the 177th, Hanner of the 159th and Polak of the 67th.
They wish to be recorded as present.

Prayer was offered by Dr. Jerry Zeller, Holy Family Episcopal Church, Jasper, 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.

1644

JOURNAL OF THE HOUSE,

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

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

HB 1875. 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 the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1876. By Representative Crawford of the 129th: A bill to create the Upson County Water and Sewerage Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1877. By Representatives Bradford of the 30th, Sauder of the 29th, Bames of the 33rd, Wiles of the 34th, Cooper of the 31st and others:
A bill to amend an Act changing the compensation of the clerk of the Superior Court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the deputy clerk of the superior court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1878. By Representatives Coleman of the 142nd, Lord of the 121st and Lucas of the 124th:
A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes with respect to insurance companies, so as to provide for the complete abatement of certain insurance premium taxes.
Referred to the Committee on Insurance.

HB 1879. By Representatives Porter of the 143rd and Parham of the 122nd:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of licenses, so as to provide for the notice of implied consent to be printed upon the driver's license application and license; to provide that possession of a driver's license bearing such notice shall be deemed proper advice of implied consent without further evidence.
Referred to the Committee on Motor Vehicles.

MONDAY, MARCH 9,1998

1645

HB 1880. By Representatives Porter of the 143rd, Taylor of the 134th, O'Neal of the 75th and Hugley of the 133rd:
A bill to amend Code Section 20-2-167 of the Official Code of Georgia Annotated, relating to funding for direct instructional, media center and staff development costs under the Quality Basic Education Formula, so as to require local school systems to spend 100 percent of funds designated for media center materials costs for such materials.
Referred to the Committee on Education.

HB 1881. By Representatives Porter of the 143rd and Parham of the 122nd:
A bill to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, so as to provide for an exemption with respect to certain motor vehicles owned by former prisoners of war.
Referred to the Committee on Ways & Means.

HB 1882. By Representative Hugley of the 133rd: A bill to provide a new charter for the City of Geneva.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1883. By Representatives Shipp of the 38th, Sauder of the 29th, Manning of the 32nd, Parsons of the 40th, Wiles of the 34th and others:
A bill to amend an Act reincorporating and providing a new charter for the City of Acworth, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1884. By Representative Tillman of the 173rd:
A bill to amend an Act providing for the election of the members of the board of education of Mclntosh County, so as to change the compensation of the chairperson and members of said board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1885. By Representative Sinkfield of the 57th:
A bill providing a new charter for the City of Atlanta, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1886. By Representative Sinkfield of the 57th:
A bill to amend an Act providing a new charter for the City of Hapeville, so as to change the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1887. By Representatives Richardson of the 26th and Murphy of the 18th:
A bill to amend an Act providing a new charter for the City of Dallas in Paulding County, so as to change certain provisions relating to the dismissal of the city attorney, assistant city attorney, city clerk, police chief, and judges.
Referred to the Committee on State Planning & Community Affairs - Local.

1646

JOURNAL OF THE HOUSE,

HB 1888. By Representatives Smyre of the 136th and Thomas of the 148th:
A bill to amend Chapter 41 of Title 31 of the Official Code of Georgia Annotated, relating to lead poisoning prevention, so as to enact the "Childhood Lead Exposure Control Act".
Referred to the Committee on Natural Resources & Environment.

HB 1889. By Representative Lord of the 121st:
A bill to amend an Act creating the State Court of Jefferson County, formerly the City Court of Louisville, so as to provide for the compensation of the solicitor-general of such court on and after a certain date.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1890. By Representative Lord of the 121st:
A bill to amend an Act creating the State Court of Jefferson County, formerly the City Court of Louisville, so as to provide for the compensation of the judge of such court on and after a certain date.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1891. By Representative Murphy of the 18th:
A bill to amend an Act creating a new charter for the City of Bremen so as to change the provisions relating to the municipal court of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1892. 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 further annexation and related matters.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1893. By Representative Burkhalter of the 41st:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to provide for the licensing of nannies.
Referred to the Committee on Children and Youth.

HB 1894. By Representatives Stencil of the 16th, Scheid of the 17th, Evans of the 28th, Pinholster of the 15th and Breedlove of the 85th:
A bill to amend an Act to supplement the salary of the judge of the Superior Courts of the Blue Ridge Judicial Circuit, so as to increase the amount of compensation paid to such judges by the counties comprising the Blue Ridge Judicial Circuit.
Referred to the Committee on Judiciary.

HR 1251. By Representatives Pelote of the 149th, Stanley of the 50th, Skipper of the 137th, DeLoach of the 119th, Walker of the 141st and others:
A resolution creating the House Ovarian Cancer Study Committee.
Referred to the Committee on Rules.

MONDAY, MARCH 9, 1998

1647

HR 1252. By Representative Ehrhart of the 36th:
A resolution expressing opposition to construction in Austell of a proposed Norfolk Southern Railroad intermodal facility.
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 1901. By Representative Jamieson of the 22nd:
A bill to amend an Act creating a board of commissioners of Stephens County, so as to change the compensation of the chairman and members of the board.
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 1863
HB 1864 HB 1865
HB 1866 HB 1867

SB 612 SB 633 SB 634 SB 638 SB 641
SB 655

1871
1872
HTHiBBn 1t1a88.77i34t HR 1229
HR 10QO tlrv IZdU
HLTRD 1192(3r1ft SR S IR AIO IR ul
IR IRK IR 1 IoCRDo I4Ar7Qa6I
SBK 449918 SB 518 SB 524 SB 593 SB 600 SB 603 SB 605

QT3

,
fifil^

nn

grtg

gCRn" g"K~,'"^n

on CQQ
*** " gg ggg

OonB bCQ9K5

SB 698

SB 700

SB 701

SB 702

SB 703

S0oB_n 75.04..44
bQlPt 5W8O2

SR 583 SR 593

SR 648

SR 653

SR 677 SR 680

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

Mr. Speaker:

1648

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 recommendation:
HR 1167 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 1836 Do Pass HB 1837 Do Pass
HB 1839 Do Pass HB 1841 Do Pass
HB 1842 Do Pass HB 1843 Do Pass
HB 1844 Do Pass HB 1845 Do Pass
HB 1846 Do Pass HB 1847 Do Pass
HB 1849 Do Pass HB 1850 Do Pass

HB 1851 Do Pass HB 1852 Do Pass
HB 1853 Do Pass HB 1854 Do Pass
HB 1855 Do Pass HB 1856 Do Pass
HB 1857 Do Pass HB 1858 Do Pass
HB 1859 Do Pass HB 1860 Do Pass
HB 1861 Do Pass HB 1862 Do Pass

Respectfully submitted, M Royal of the 164th
Chairman

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

HOUSE RULES CALENDAR MONDAY, MARCH 9, 1998
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 34th Legislative Day as enumerated below:
SB 20 Dangerous Drugs - physician's asst. possess cert, vaccines (Thomas of the 10th)
SB 111 Retail Liquor License Applicant - residency requirements (Thompson of the 33rd)
SB 158 Sexual Offenses - seizure of motor vehicle used in prostitution (Brown of the 26th)
SB 409 Probation - portion of supervision fees to Crime Victims Emer. Fund (Walker of the 22nd)
SB 533 Jt. Bd. of Family Practice; redesignation (Perdue of the 18th)
SB 558 Teachers Ret. Sys. Beneficiary - relating to restoration to service (Burton of the 5th)
SB 566 Automated External Defibrillators - public access -

MONDAY, MARCH 9, 1998

1649

(Hill of the 4th)
SR 588 Bobby Eugene Parham Food Serv Facility, Cen State Hosp-designate (Griffin of the 25th)
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

HB 1843. By Representatives Holland of the 157th and Hanner 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.

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

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.

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

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.

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

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".

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

1650

JOURNAL OF THE HOUSE,

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.

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

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 district attorney of the Northeastern Judicial Circuit, so as to increase the supplement to the district attorney's salary.

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

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 supplement to the compensation of the sheriff, clerk of the superior court, tax commissioner, and judge of the probate court.

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

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.

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

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.

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

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.

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

MONDAY, MARCH 9, 1998

1651

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.

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

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.

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

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.

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

HB 1852.

By Representative Birdsong of the 123rd:
A bill to amend an Act providing an annual salary for the clerk of the Superior 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.

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

HB 1853. By Representative Birdsong of the 123rd:
A bill to provide for the compensation, expenses, and benefits of the coroner of Twiggs County.

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

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.

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

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.

1652

JOURNAL OF THE HOUSE,

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

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 provisions relative to the compensation, expenses, and benefits of the sheriff and employees of the office of sheriff.

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

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 compensation, expenses, and benefits of the tax commissioner and employees of the office of tax commissioner.

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

HB 1858.

By Representative Birdsong of the 123rd:
A bill to amend an Act providing an annual salary for the judge of the Probate 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.

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

HB 1859. By Representative Holland of the 157th: A bill to provide a new charter for the City of Poulan.

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

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 commissioner districts.

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

HB 1861. By Representative Jenkins of the 110th:
A bill to amend an Act entitled "An Act to abolish the present mode of compensating the coroner of Monroe County," so as to change the compensation of the coroner.

MONDAY, MARCH 9, 1998

1653

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

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.

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

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

Alien YAndenon
YAshe Y Bailey Y Bannister YBarfoot Y Barnard Y Bonus Y Bates
Benefield YBirdsong YBohannon
Bordeaux Y Bradford Y Breedlove
Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd
Campbell Canty YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B
Y Coleman, T Y Council
Cooper Crawford Y Crews

Culbreth Y Cumminffs
Y Davis, G Y Davis, M EDay
YDeLoacb, B YDeLoach, G
Dix YDixon YDobbs Y Dukes
YEhrhart YEpps Y Evans YEverett YFelton YFloyd Y Franklin
Y Golden Y Graves YGreene
Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstaU Y Hegstrom
Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H

Y Hudson, N Y Hugley
Irvin Jackson James Y Jamieson Jenkins Y Johnson Y Johnston Jones Joyce YKaye YLadd YLakly Lane
Lee Y Lewis
YLord Y Lucas
Maddox YMann Y Manning Y Martin, J
Y Martin, J.L YMassey YMcBee
McCall Y McClinton
McKinney Mills Mobley YMosley Y Mueller YO-Neal Orrock YParham

YParrish Parsons
Y Pelote Y Perry Y Pinholster
Poag YPolak Y Ponder
Y Porter Powell
YPurcell
YRagas Randall
Ray Reaves Y Reicbert YRice Y Richardson
Roberts Rogers 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 Y Smith, P Y Smith, T Y Smith, V YSmyre YSneUing YSnow YStallings
Stancil, F Stancil, S Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague YTeper Y Thomas Tillman Titus Y Tolbert YTrense Y Turnquest
Y Walker, L Y Walker, R.L E Watson YWest Y Westmoreland YWhitaker Y Wiles
Williams, B Williams, J Y Williams, R YWorthan Y Yates Murphy, Spkr

On the passage of the Bills, the ayes were 134, nays 0. The Bills, having received the requisite constitutional majority, were passed.

Representatives Royal of the 164th, Jenkins of the 110th and Randall of the 127th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

1654

JOURNAL OF THE HOUSE,

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

HB 1692.

By Representative Stephens of the 150th:
A bill to authorize the mayor and council of Garden City to submit by referendum to the electors of Garden City the question of adding restaurants serving 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.

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.

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.

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.

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.

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 collector 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.

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.

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

MONDAY, MARCH 9, 1998

1655

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.

The Speaker Pro Tern assumed the Chair.

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

SR 588. By Senator Griffin of the 25th:
A resolution designating the Bobby Eugene Parham Food Service Facility at Central State Hospital.

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

Alien Y Anderaon
YAshe Y Bailey Y Bannister
YBarfoot Y Barnard YBaroes Y Bates Y Benefield
Birdsong Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck YBuckner Bunn YBurkhalter
Y Byrd Campbell Canty
YCash Y Channel! Y Childers Y Clark
Coan Y Coleman, B Y Coleman, T
Connell Cooper Y Crawford
Y Crews

Y Culbreth Y Cummings
Y DaTM, G Y Davis, M EDay
DeLoach, B Y DeLoach, G YDii
YDixon YDobbs Y Dukes YEhrhart
Epps Y Evans Y Everett Y Felton
Floyd Franklin
Y Golden Y Graves YGreene
Grindley Y Hammontree Y Manner Y Harbin Y Heard
Hecht YHeckstall
YHegstrom YHenson Y Holland
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 Y Johnston
Jones Joyce Have YLadd Lakly YLane YLee Y Lewis Lord Y Lucas
Y Maddoz YMann Y Manning
Martin, J Y Martin, J.L EMassey YMcBee YMcCall Y McClinton
McKinney Y Mills
Mobley Moeley Y Mueller O'Neal YOrrock Y Parham

Y Fairish Y Parsons YPelote
Perry Y Pinholster YPoag YPolak
Ponder Y Porter Y Powell
YPurcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson
Roberts Rogers Y Royal Sanders Y Sauder Y Scarlett Y Scheid Scott Y Shanahan
YShaw SherriU
YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

On the adoption of the Resolution, the ayes were 135, nays 0.

Y Smith, L.R Y Smith, P Y Smith, T
Smith, V YSmyre YSnelling YSnow Y Stallings 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
Walker, L Y Walker, R.L E Watson YWest Y Westmoreland Y Whitaker Y Wiles
Williams, B
Williams, J Y Williams, R YWorthan
Yates Murphy, Spkr

1656

JOURNAL OF THE HOUSE,

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

Representative Birdsong of the 123rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye"
thereon.

Representative Cummings of the 27th moved to postpone SB 558 until Thursday, March 12, 1998.
The motion prevailed.

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 Annotated, 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 statewide probation system, so as to require a portion of probation supervision fees to be forwarded to the Georgia Crime Victims Emergency Fund; to provide an effective date.

The following amendment was read and adopted:

Representative Skipper of the 137th moves to amend SB 409 by striking lines 19 and 20 on page 1 and inserting in lieu thereof the following:
"$3.00 per month shall be added to any supervision fee collected by any entity authorized to collect such fees and shall be paid into".

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 Andersen YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBames
Y Bates YBenefield
Birdsong YBohannon Y Bordeaux
Bradford YBreedlove Y Bridges
Y Brooks Y Brown YBuck YBuckner YBunn YBurkhalter YByrd Y Campbell Y Canty
YCash Y Channel!
YChUders Y Clark

YCoan Y Coleman, B Y Coleman, T
Cornell Y Cooper
Crawford Y Crews Y Culbreth
Y Cummings Y Davis, G
Y Davis, M Day
Y DeLoach, B Y DeLoach, G Y Dix Y Dixon
Y Dobbs Y Dukes YEhrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin
Y Golden Y Graves
Y Greene Y Grindley

Y Hammontiee Banner
Y Harbin Y Heard Y Hecht Y Heckstall Y Hegatrom Y Henson
Y Holland Y Holmes
Y Houston Y Howard
Hudgens Y Hudson, H Y Hudson, N Y Hugley
Y Irvin Y Jackson N James Y Jamieson
Jenkins Y Johnson Y Johnston
Jones Joyce
Y Kaye Y Ladd
Y Lakly Y Lane

Y Lee Y Lewis Y Lord N Lucas Y Maddoi Y Mann Y Manning Y Martin, J
Y Martin, J.L E Massey
Y McBee Y McCall
McClinton Y McKinney Y Mills
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 Y Ponder

Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reichert
Y Rice Y Richardson
Roberts Rogers Y Royal Y Sanders Y Sauder Y Scarlet*
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

MONDAY, MARCH 9, 1998

1657

Y Smith, P Smith, T
Y Smith, V YSmyre YSnelling YSnow
Stallings

YStancU, F YStancU, S
Stanley, L Y Stanley, P Y Stephens YTaylor ETeague

Y Teper Y Thomas Y Tillman Y Titu Y Tolbert Y Tiense
Turnquest

Y Twiggs Y Walker, L
Walker, RL E Wataon Y West Y Westmoreland Y Whitaker

Y Wiles Y Williams, B
Williams, J Y Williams, R Y Worthan Y Yates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 152, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Birdsong of the 123rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 111. By Senators Thompson of the 33rd and Clay of the 37th:
A bill to amend Code Section 3-4-23 of the Official Code of Georgia Annotated, relating to the certificate of residence required for a retail distilled spirits dealer's license or tax stamps, so as to provide that an applicant for a retail dealer's license or tax stamps for distilled spirits for a location within a municipality where distilled spirits may legally be sold may reside anywhere within the county in which the municipality is located.

The following Committee substitute was read:

A BILL
To amend Code Section 3-3-2 of the Official Code of Georgia Annotated, relating to the powers of local governing authorities as to granting, refusal, suspension, or revocation of licenses generally, so as to provide that residency within a city or county by an applicant for a local permit or license to sell alcoholic beverages shall not be a requirement for the issuance of such permit or license by the respective local governing authority; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 3-3-2 of the Official Code of Georgia Annotated, relating to the powers of local governing authorities as to granting, refusal, suspension, or revocation of licenses generally, is amended by striking subsection (a) thereof and inserting in its place a new subsection (a) to read as follows:
"(a) Except as otherwise provided for in this title, the manufacturing, distributing, and selling by wholesale or retail of alcoholic beverages shall not be conducted in any county or incorporated municipality of this state without a permit or license from the governing authority of the county or municipality. Each such local governing authority is given discretionary powers within the guidelines of due process set forth in this Code section as to the granting or refusal, suspension, or revocation of the permits or licenses] provided, however, that residency by an applicant within the city or county issuing the permit or license shall not be a requirement by the respective local governing authority."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representatives Richardson of the 26th and Barnes of the 33rd move to amend the Committee substitute to SB 111 as follows:

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JOURNAL OF THE HOUSE,

On page 1, line 30 after the word "authority" delete the period and insert therein the following:
"if the applicant designates a resident of the city or county who shall be responsible for any matter relating to the license."

Representative Barnes of the 33rd moves to amend the Committee substitute to SB 111 as follows:
By adding a new Section 2 after line 31 of page 1 which shall read as follows:
O.C.G.A. Code Section 3-3-21 (a) (2) is stricken in its entirety and inserted therein a new section O.C.G.A. Code Section 3-3-21 (a) (2) as follows:
(2) As used in this subsection, the term "school building" or "educational building" shall apply only to state, county, city, or church school buildings and to such buildings at such other schools in which are taught subjects commonly taught in the common schools and colleges of this state and are accredited b_ the state or federal government.

The Committee substitute, as amended, was adopted.

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

Alien Anderson
YAshe Y Bailey Y Bannister YBarfoot Y Barnard Y Barnes Y Bates Y Benefield YBirdsong YBohannon
Y Bordeaux Y Bradford Y Breedlove
N Bridges Y Brooks Y Brown YBuck Y Buckner NBunn Y Burkhalter YByrd Y Campbell
Canty NCash YChannell Y Cbilders Y Clark YCoan Y Coleman, B
Coleman, T Connell
Y Cooper Y Crawford N Crews

Y Culbreth Y Cummings Y Davis, G N Davis, M
YDay Y DeLoach, B
YDeLoach, G YDix YDixon YDobbs Y Dukes YEhrhart
YBpps Y Evans Y Everett YFelton
YFloyd N 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
Howard Hudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin
N Jackson Y James YJamieson Y Jenkins Y Johnson Y Johnston
Jones Joyce NKaye 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 Y McKinney N 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 Y 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 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 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
Tumquest YTwiggs Y Walker, L
N Walker, R.L E Watson YWest Y Westmoreland Y Whitaker Y Wiles
Y Williams, B Y Williams, J Y Williams, R Y Worthan NYates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 150, nays 13.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

MONDAY, MARCH 9, 1998

1659

The Speaker assumed the Chair.

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.

The following amendment was read and withdrawn:

The Committee on Health and Ecology moves to amend SB 566 as follows: On page 3, lines 1 through 3, delete all of section (5). On page 4, line 23, replace the word "person" with "first responder", so as to read:
(g) Any first responder, including, etc.

The following substitute, offered by Representative Boardeaux of the 151st, et al., was read and adopted:

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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 31-11-53.1 of the Official Code of Georgia Annotated, relating to the automatic defibrillator program, is amended by striking in its entirety said Code section and inserting in its place the following:
"31-11-53.1. (a) As used in this Code section, the term:
(1) 'Automatic Automated external defibrillator' means a defibrillator which: (A) Is capable of cardiac rhythm analysis; (B) Will charge and be capable of being activated to deliver a countershock after electrically detecting the presence of certain cardiac dyarhythmia dvsrhythmias; and (C) Is capable of continuous recording of the cardiac dysrhythmia at the scene with a mechanism for transfer and storage or for printing for review subsequent to uset
(D) Is capable ef producing ktad eepy ef the electrocardiogram. (2) 'Defibrillation' means to terminate atrial e* ventricular fibrillation. (3) 'Designated fast First responder' means individual whe has successfully eeuspJeted a appropriate lust rcspondcr eewse approved by the deportment and ethefwiae meets the eligibility requirements set forth tft this chapter any person or agency who provides on-site care until the arrival of a duly licensed ambulance service. This shall include, but not be limited to, persons who routinely respond to calls for assistance through an affiliation with law enforcement agencies, fire suppression agencies, rescue agencies, and others. (b) It is the intent of the General Assembly that an automated external defibrillator may be used by any person for the purpose of saving the life of another person in cardiac arrest. In order to ensure public health and safety:

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(1) It is recommended that all persons who have access to or use an automated external defibrillator obtain appropriate training as set forth in the Rules and Regulations of the Department of Human Resources Chapter 290-5-30. It is further recommended that such training include at a minimum the successful completion of:
(A) A nationally recognized health care provider/professional rescuer level cardiopulmonarv resuscitation course; and (B) A department established or approved course which includes demonstrated proficiency in the use of an automated external defibrillator: (2) All persons and agencies possessing and maintaining an automated external defibrillator shall notify the appropriate emergency medical services system of the existence and location of the automated external defibrillator prior to said defibrillator being placed in use; (3) All persons who use an automated external defibrillator shall activate the emergency medical services system as soon as reasonably possible by calling '911' or the appropriate emergency telephone number upon use of the automated external defibrillator; and (4) Within a reasonable period of time, all persons who use an automated external defibrillator shall make available a printed or electronically stored report to the licensed emergency medical services provider which transports the patient, (c) All persons who provide instruction to others in the use of the automated external defibrillator shall have completed an instructor course established or approved by the department. {bKd) The department shall establish an automatic automated external defibrillator program for use by emergency medical technicians and designated first roapondora. Such program shall be subject to the direct supervision of a medical advisor adviser approved under Code Section 31-11-50. No emergency medical technician er designated first foapondcr shall be authorized to use an automatic automated external defibrillator to defibrillate a person unless that defibrillator is a properly maintained automatic automated external defibrillator and that emergency medical technician er designated first
(1) Submits to and has approved by the department an application for such use, and in considering that application the department may obtain and use the recommendation of the local coordinating entity for the health district in which the applicant will use such defibrillator;
(2) Successfully completes an automatic automated external defibrillator training program established or approved by the department;
(3) Is subject to protocols requiring that both the emergency physician which who receives a patient defibrillated by that emergency medical technician er designated first reapondcr and the medical adviser adviser for the defibrillator program review the department required prehospital care report and any other documentation of the defibrillation of any person by that emergency medical technician er designated first fcopondcr and send a written report of such review to the district EMS medical director of the health district in which the defibrillation occurred; and
(4) Obtains a passing score on an annual automatic automated external defibrillator proficiency exam given in connection with that program.
(e) It shall not be necessary for a licensed emergency medical service, licensed neonatal
transport service, or other services licensed b_ the department which provide care administered by cardiac technicians or paramedics to obtain department approval for
the use of an automated external defibrillator on licensed vehicles. {eXf) Any emergency medical technician er designated first fcspondcr who violates the
provisions of this Code section shall be subject to having revoked by the department that person's authority to use an automatic automated external defibrillator. Such a vio-
lation shall also be grounds for any entity which issues a license or certificate authorizing such emergency medical technician er deoignatcd first rcspondcr to perform emergency medical services to take disciplinary action against such person, including but
not limited to suspension or revocation of that license or certificate. Such a violation

MONDAY, MARCH 9,1998

1661

shall also be grounds for the employer of such emergency medical technician e* dcsignated first rcspondcr to impose any sanction available thereto, including but not limited to dismissal. (g) Any first responder who gratuitously and in good faith renders emergency care or treatment by the use of or provision of an automated external defibrillator, without objection of the injured victim or victims thereof, shall not be held liable for any civil damages as a result of such care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts without gross negligence or intent to harm or as an ordinary reasonably prudent person would have acted under the same or similar circumstances, even if such individual does so without benefit of the appropriate training. This provision includes paid persons who extend care or treatment without expectation of remuneration from the patient or victim for receiving the defibrillation care or treatment."
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, as amended, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

AJlen Y Andersen YAshe Y Bailey
Y Bannister Barfoot
Y Barnard YBarnes Y Bates Y Benefield YBirdsong Y Bohannon 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 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 YDii YDixon YDobbs Y Dukes
YEhrbart YEpps Y Evans YEverett Y Felton YFloyd N 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 Y Jackson Y James Y Jamieson
Jenkins Y Johnson Y Johnston
Jones Joyce YKaye YLadd YLakly YLane YLee Y Lewis
YLord Y Lucas
Maddoi YMann Y Manning
Martin, J Y Martin, J.L YMassey YMcBee YMcCall
Y McClinton YMcKinney Y Mills Y Mobley Y Mosley Y Mueller YO'Neal YOrrock YParham

YParrish Y Parsons Y Pelote
Perry Y Pinholster YPoag YPolak
Y Ponder Y Porter Y Powell YPurcell YRagas YRandall
Ray Y Reaves
Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett YScheid
Y Scott YShanahan YShaw Y SheniU 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 Stand], 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 E 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 163, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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JOURNAL OF THE HOUSE,

House of Representatives Atlanta, Georgia 30334
I voted No on SB 566 Floor substitute because there was not a Floor substitute to SB 566 distributed to my area of the Floor.
/s/ Bobby Franklin

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

SB 158. By Senators Brown of the 26th, Oliver of the 42nd, Thomas of the 10th and others:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide that certain motor vehicles shall be contraband and shall be forfeited; to provide for seizure and condemnation of such motor vehicles; to provide for practices, procedures, and requirements relative to the seizure, forfeiture, and disposal of such motor vehicles; to provide for exceptions.

The following Committee substitute was read:

A BILL
To amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change provisions relating to the offense of pandering; to provide for publication of the photograph of a person convicted of pandering; to provide for testing for sexually transmitted diseases of persons convicted of pandering and for the release of such test results; to provide for increased penalty for pandering within a certain distance of a place of worship, school, playground, or recreational center; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by striking Code Section 16-6-12, relating to pandering, and inserting hi lieu thereof the following:
"16-6-12. A person commits the offense of pandering when he or she solicits a person to perform an act of prostitution in his or her own behalf or in behalf of a third person or when he or she knowingly assembles persons at a fixed place for the purpose of being solicited by others to perform an act of prostitution."
SECTION 2. Said chapter is further amended by striking Code Section 16-6-13, relating to penalties, and inserting in lieu thereof the following:
"16-6-13. (a) Except as otherwise provided in subsection (b) of this Code section, a person convicted of any of the offenses enumerated in Code Sections 16-6-10 through 16-6-12 shall be punished as for a misdemeanor of a high and aggravated nature. A person convicted of the offense enumerated in Code Section 16-6-9 shall be punished as for a misdemeanor. (b) A person convicted of pandering when such offense involves the solicitation of a person under the age of 17 years to perform an act of prostitution or the assembly of two

MONDAY, MARCH 9, 1998

1663

or more persons under the age of 17 years at a fixed place for the purpose of being solicited by others to perform an act of prostitution shall be guilty of a felony and shall be fined not less than $1,000.00 nor more than $5,000.00 or shall be imprisoned for not less than one year nor more than five years, or both fined and imprisoned. Adjudication of guilt or imposition of sentence for a conviction of a second or subsequent offense of pandering involving a person under the age of 17 years pursuant to this subsection, including a plea of nolo contenders, shall not be suspended, probated, deferred, or withheld.
(c)(l) The clerk of the court in which a person is convicted of pandering shall cause to be published a notice of conviction for each such person convicted. Such notices of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken b_ the arresting law enforcement agency at the time of arrest, name, and address of the convicted person and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made. (2) The convicted person for which a notice of conviction is published pursuant to this subsection shall be assessed $25.00 for the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed pursuant to this Code section. (3) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided such publication was made in good faith. (d) In addition to any other penalty authorized under subsections (a) and (b) of this Code section, a person convicted of an offense enumerated |n Code Sections 16-6-9 through 16-6-12 shall be fined $1,000.00 if such offense was committed within 1,000 feet of any school building, school grounds, public place of worship, or playground or recreation center which is used primarily by persons under the age of 17 years."
SECTION 3. Said chapter is further amended by adding following Code Section 16-6-13 a new Code Section 16-6-13.1 to read as follows:
"16-6-13.1.
(a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1. (b) Upon a verdict or plea of guilty or a plea of nolo contenders to the offense of pandering, the court in which that verdict is returned or plea entered shall require the defendant in such case to submit to testing for sexually transmitted diseases within 45 days following the date of the verdict or plea and to consent to release of the test results to the defendant's spouse if the defendant is married. The clerk of the court in such case shall mail, within three days following the date of that verdict or plea, a copy of that verdict or plea to the Department of Human Resources. (c) The Department of Human Resources, within 30 days following the notification under subsection (b) of this Code section, shall arrange for the tests for the person required to submit thereto. (d) Any person required under this Code section to submit to testing for sexually transmitted diseases who fails or refuses to submit to the tests arranged pursuant to subsection (c) of this Code section shall be subject to such measures deemed necessary by the court in which the verdict was returned or plea entered to require voluntary submission to the tests."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

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JOURNAL OF THE HOUSE,

Representatives Ragas of the 64th and Grindley of the 35th move to amend the Committee substitute to SB 158 as follows:
By inserting on page 3, line 10 after the word "grounds", before the word "public"
provided that such school is accredited by the state or federal government.

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

Allen N Andersen
NAshe N Bailey N Banniater
Barfoot N Barnard
Banes Bates NBenefield Biidsong N Bohannon N Bordeaux N Bradford NBreedlove
N Bridges Y Brooks N Brown NBuck N Buckner
NBunn N Burkhalter
NByrd N CampbeU Y Canty NCash N Channell
N ChUders N Clark NCoan
NColeman, B N Coleman, T
NConnell N Cooper N Crawford N Crews

Culbreth N CummingB
Y Dayis, G Y Davis, M YDay NDeLoach, B YDeLoach, G NDix NDizon NDobbs Y Dukes NKhrhart NEpps N Evans NEverett NFelton
Floyd N Franklin
Golden N Graves NGreene Y Grindley
N Hammontree N Manner
N Harbin Y Heard NHecht NHeckstall YHegstrom NHenson N Holland
Holmes
Y Houston Y Howard NHudgens N Hudson, H

N Hudson, N Y Hugley NIrvin N Jackson Y James N Jamieson NJenkins N Johnson N Johnston
N Jones Joyce
NKaye NLadd NLakly NLane NLee N Lewis NLord Y Lucas Y Maddox NMann Y Manning N Martin, J N Martin, J.L NMassey NMcBee YMcCall N McClinton
Y McKinney N Mills Y Mobley N Mosley N Mueller NO'Neal NOrrock NParham

NParrish N Parsons YPelote
Perry N Pinholster
NPoag NPolak
N Ponder N Porter YPowell NPurceU Y Ragas YRandall YRay N Reaves Y Reichert NRice Y Richardson Y Roberts N Rogers N Royal N Sanders
N Sauder N Scarlett NScheid
N Scott Y Shanahan
NShaw NSherriU NShipp 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 YSmyre NSnelling
Snow NStallings
Y Stancil, F NStancil, S
Stanley, L Y Stanley, P N Stephens Y Taylor ETeague
Teper Y Thomas YTiUman N Titus
N Tolbert NTrense Y Turnquest NTwiggs N Walker, L N Walker, R.L E Watson NWest
N Westmoreland N Whitaker N Wiles
N Williams, B N Williams, J N Williams, R N Worthan NYates
Murphy, Spkr

On the adoption of the amendment, the ayes were 37, nays 126. The amendment was lost.

The following amendment was read:

Representative Grindley of the 35th moves to amend the Committee substitute to SB 158 by striking lines 25 through 27 on page 2 and inserting in lieu thereof the following:
"manner of legal notices in the newspaper having the largest paid circulation in the county in which such person resides or, in the case of nonresidents, in the newspaper having the largest paid circulation in the county in which".
By striking lines 34 and 35 on page 2 and inserting in lieu thereof the following:
"be published once in the second week following such conviction or".
By striking line 39 on page 2 and inserting in lieu thereof the following:
"shall be assessed the cost of publication of".
By striking lines 43 and 44 on page 2 and inserting in lieu thereof the following:

MONDAY, MARCH 9, 1998

1665

"(3) The clerk of the court, the publisher of any newspaper which publishes a notice of conviction, and any".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Alien N Andersen NAshe N Bailey N Bannister NBarfoot N Barnard NBarnes N Bates NBenefield
Birdaong NBohannon N Bordeaux
N Bradford NBnedlove N Bridges N Brooks N Brown
NBuck NBuckner NBunn N Burkhalter NByrd N Campbell
N Canty NCash N Channel] N Childers
N Clark NCoan NColeman, B NColeman, T NConnell N Cooper N Crawford N Crews

N Culbreth N Cummings
N Davis, G Y Davis, M NDay NDeLoach, B NDeLoach, G NDii N Diion
NDobbs N Dukes NEhrhart
NBpps N Evans NEverett Y Felton NFloyd N Franklin N Golden N Graves NGreene Y Grindley N Hammontree NHanner N Harbin N Heard NHecht NHeckstall N Hegstrom NHenson N Holland N Holmes N Houston N Howard
NHudgens N Hudson, H

N Hudson, N N Hugley Nlrvin
N Jackson N James N Jamieson N Jenkins N Johnson Y Johnston
N Jones Joyce
NKaye NLadd NLakly NLane NLee N Lewis NLord
N Lucas N Maddox NMann N Manning N Martin, J N Martin, J.L NMassey NMcBee NMcCall N McClinton N McKinney N Mills N Mobley NMosley
Mueller
NO'Neal NOrrock N Parham

NParrish Parsons
NPelote
Perry N Pinholster NPoag NPolak N Ponder N Porter
Powell
NPurcell NRagas NRandall
Ray N Reaves N Reichert NRice N Richardson N Roberts N Rogers N Royal N Sanders N Sauder N Scarlett NScheid
Y Scott NShanahan NShaw NSherriU NShipp NSims N Sinkfield
N Skipper N Smith, C N Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 7, nays 159. The amendment was lost.

N Smith, L.R N Smith, P N Smith, T
N Smith, V NSmyre YSnelling
Snow N Stalling N Stancil, F N Stancil, S
Stanley, L N Stanley, P N Stephens N Taylor ETeague
Teper N Thomas NTillman N Titus N Tolbert NTrense N Turnquest NTwiggs N Walker, L N Walker, R.L E Watson
NWest N Westmoreland NWhi taker N Wiles Y Williams, B N Williams, J N Williams, R
N Worthan NYates
Murphy, Spkr

The following amendment was read:
Representative Canty of the 52nd moves to amend the Committee substitute to SB 158 as follows: Line 12 page 2 and in each usage thereafter - change $1,000.00 to $2,500.00 and $5,000.00 to $10,000.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Allen Y Andersen YAshe
Y Bailey Y Bannister
Barfoot Y Barnard YBarnes
Bates Y Benefield

Birdsong Y Bohannon Y Bordeaux Y Bradford
YBreedlove Y Bridges Y Brooks Y Brown NBuck Y Buckner

YBunn Y Burkhalter YByrd
Y Campbell Y Canty YCash NChannell Y Childers Y Clark YCoan

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

NDay N DeLoach, B Y DeLoach, G YDix N Diion NDobbs Y Dukes YEhrhart NEpps Y Evans

1666

JOURNAL OF THE HOUSE,

NEverett Y Felton NFloyd Y Franklin
Golden Y Graves NGreene Y Grindley Y Hanunontree N Manner Y Harbin N Heard YHecht NHeckstall YHegstrom
Henson N Holland N Holmes N Houston
N Howard YHudgens N Hudson, H
N Hudson, N NHugley Ylrvin Y Jackson

N James Jamieson
N Jenkins Y Johnson Y Jobnston N Jones
Joyce YKaye YLadd YLakly NLane YLee Y Lewis YLord
N Lucas Y Maddox YMann
Y Manning
N Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton N McKinney Y Mills

N Mobley Y Mosley Y Mueller NO'Neal NOrrock NPaiham NParrish Y Parsons Y Pelote
Perry Y Pinholster
YPoag YPolak Y Ponder Y Porter
PoweU NPurceU NRagas NRandall NRay N Reaves N Reichert NRice N Richardson N Roberts Y Rogers

N Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott N Shanahan NShaw YSherrill NShipp YSims Y Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V NSmyre Y Snelling NSnow YStallings N Stancil, F Y Stancil, S

Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague
Teper Y Thomas YTillman N Titus Y Tolbert YTrense Y Turnquest YTwiggs N Walker, L Y Walker, R.L E Watson YWest Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J N Williams, R N Worthan YYates
Murphy, Spkr

On the adoption of the amendment, the ayes were 107, nays 58. The amendment was adopted.

The Committee substitute, as amended, was adopted.

House of Representatives Atlanta, Georgia 30334
3/10/98
On Monday, March 9, 1998, the House of Representatives had before it Senate Bill 158 and an amendment was offered by Representative Canty increasing the fine where the person solicited was under the age of 17. Due to my being called briefly from the Floor and returning upon the voting on that amendment. I misunderstood the amendment (which was not printed) to lessen rather than increase the penalty. Had I understood the amendment correctly, I would have voted "aye" rather than "nay" for the Canty amendment to Senate Bill 158.
/s/ Curtis S. Jenkins

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

Alien
Y Anderson YAshe Y Bailey
Y Bannister YBarfoot
Barnard YBarnes Y Bates Y Benefield
Birdsong YBohannon Y Bordeaux Y Bradford

Y Breedlove Y Bridges N Brooks Y Brown YBuck Y Buckner YBunn
Y Burkhalter YByrd Y Campbell Y Canty YCash Y Channel!
Childers

Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth
Y Cummings Y Davi8, G Y Davis, M YDay Y DeLoach, B

Y DeLoach, G YDix Y Dixon Y Dobbs
Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves

Y Greene Y Grindley Y Hanunontree
YHanner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Houston Y Howard

MONDAY, MARCH 9, 1998

1667

YHudgens Y Hudson, H Y Hudson, N YHugley Ylrvin
Y Jackson N James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones
Joyce YKaye YLadd YLakly YLane YLee YLewis YLord N Lucas NMaddox

YMann Y Manning Y Martin, J Y Martin, J.L
YMassey YMcBee YMcCaU Y McClinton
NMcKinney Y Mills Y Mobley
YMoeley YMueller YO'Neal YOrrock YParham YParrtoh Y Parsons YPelote
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 YSauder 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 Y Stanley, P Y Stephens Y Taylor

YTeague Teper
Y Thomas YTUlman N Titus Y Tolbert YTrense
Y Turnquest YTwiggs Y Walker, L Y Walker, R.L E 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, as amended, the ayes were 164, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Due to a mechanical malfunction, the vote of Representative Childers of the 13th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 20. By Senators Thomas of the 10th, Price of the 56th, Thomas of the 54th and others:
A bill to amend Code Section 16-13-72 of the Official Code of Georgia Annotated, prohibiting the sale and possession of dangerous drugs, so as to provide for an additional exception to such prohibition.

The report of the Committee, which was favorable to the 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 YBreedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter 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 Cununinffs
Y Davis, G Y Davis, M
YDay Y DeLoach, B
Y DeLoach, G YDix YDiion YDobbs Y Dukes
Ehrhart YEpps Y Evans YEverett Y Felton YFloyd Y Franklin

Y Golden
Y Graves
Y Greene
Y Grindley
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

Y Jones Joyce
YKaye YLadd
YLakly YLane
Lee YLewis YLord Y Lucas Y Maddox
Mann 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

Y Parrish Y Parsons Y Pelote
Perry Y Pinholster YPoag YPolak
Y Ponder Y Porter YPowell Y Purcell
YRagas Randall Ray
Y Reaves Y Reichert YRice
Richardson
Y Roberts Rogers
Y Royal
Y Sanders Y Sauder Y Scarlett Y Scheid
Y Scott Y Shanahan

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JOURNAL OF THE HOUSE,

YShaw YSherrffl YShipp YSims YSinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.H Y Smith, P Y Smith, T Y Smith, V
YSmyre Y Stuffing YSnow Y Stalling* Y StancU, F

Y StancU, S Stanley, L
Y Stanley, P
Y Stephens Y Taylor YTeague YTeper Y Thomas YTfflman

Y Titus YTolbert YTrense YTurnquest YTwiggs Y Walker, L Y Walker, R.L E Watson YWest

Y Westmorland YWhitaker Y Wiles
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.

Representative McKinney of the 51st gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to SB 158.
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 composition, qualifications, terms, vacancies, organization, expense and allowance, staff, and advisory committees; to provide for the purposes, responsibilities, duties, and powers 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 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
Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter
YByrd 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 Cummingg
Y Davis, G Y Davis, M YDay YDeLoach, B Y DeLoach, G YDii YDixon YDobbs Y Dukes
Ehrhart YEpps Y Evans YEverett YFelton
YFloyd Y Franklin
Y Golden Y Graves YGreene Y Grindley YHammontree
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
Irvin 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 YMcCall
Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller YO'Neal
Orrock YParham

Parrish Y Parsons Y Pelote
Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurcell
YRagas Randall
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 Y SherriU YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre
YSnelling YSnow YStallings
Y StancU, F Y StancU, S
Stanley, L
Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas YTUlman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L
E Watson YWest Y Westmorland YWhitaker Y WUes
Williams, B
Y Williams, J Y Williams, R Y Worthan
YYates Murphy, Spkr

MONDAY, MARCH 9,1998

1669

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

Due to a mechanical malfunction, the vote of Representative Parrish of the 144th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

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

HB 1529.

By Representative Teper of the 61st:
A bill to amend Code Section 21-2-501 of the Official Code of Georgia Annotated, 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 Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

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 members of the board.

The following Senate substitute was read:

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, approved August 12, 1921 (Ga. L. 1921, p. 509), as amended, so as to change certain provisions relating to the compensation rates for members of the board; to change certain provisions relating to expense allowances for members of the board; 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 fixing the compensation for the members of the board of commissioners of Jefferson County and the clerk of such board, approved August 12, 1921 (Ga. L. 1921, p. 509), as amended, is amended by striking Sections 1 and 1A and inserting in lieu thereof the following:
"SECTION 1. Each member of the board of commissioners, other than the chairperson, shall receive an annual salary of not less than $3,000.00 per year ($250.00 per month) nor more than $12,000.00 per year. The exact amount of such annual salary shall be established by a

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JOURNAL OF THE HOUSE,

resolution of the board of commissioners. The chairperson for the board of commissioners shall receive an annual salary of not less than $3,300.00 per year ($275.00 per month) nor more than $13,200.00 per year. The exact amount of such annual salary shall be established by a resolution of the board of commissioners. The chairperson and members of the board of commissioners shall receive a minimum salary unless and until the board acts by resolution to approve an increase. At least ten days prior to the final adoption of any resolution providing for an increase in salary, the board of commissioners shall publish in the county legal organ a prominent notice of the board's intention to adopt the proposed increase.
SECTION 1A. Each member of the board of commissioners, other than the chairperson, shall receive as an expense allowance not less than $1,200.00 per year ($100.00 per month) nor more than $3,600.00 per year. The exact amount of such expense allowance shall be established by a resolution of the board of commissioners. The chairperson and members of the board of commissioners shall receive a minimum expense allowance unless and until the board acts by resolution to approve an increase. At least ten days prior to the final adoption of a resolution providing for an increase in expense allowances, the board of commissioners shall publish in the county legal organ a prominent notice of the board's intention to adopt an expense allowance increase."
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.

Representative Lord of the 121st moved that the House agree to the Senate substitute to HB 1772.
On the motion, the ayes were 120, nays 0.
The motion prevailed.

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 authorized; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses.

The following Senate amendments were read:

Senate Amendment No. 1 Amend HB 1391 by striking from line 19 of page 6 the following:
"Code section", and inserting in lieu thereof the following:
"subsection".

Senate Amendment No. 2
Amend HB 1391 by inserting on line 9 of page 2, following the word and symbol "foregoing;", the following:

MONDAY, MARCH 9, 1998

1671

"to provide an effective date;"
By inserting on line 38 of page 14, between the word "damages" and the symbol ".", the following:
"j provided, however, that no cause of action shall arise under this subsection as a result of an otherwise legitimate commercial transaction between parties to a contract or agreement for the sale of lawful goods or property or the sale of securities regulated by Chapter 5 of Title 10 or b_ the federal Securities and Exchange Commission".
By inserting at the end of line 40 of page 14 the following:
"All averments of a cause of action under this subsection shall be stated with particularity. No judgment shall be awarded unless the finder of fact determines that the action is consistent with the intent of the General Assembly as set forth in Code Section 16-15-2.".
By inserting immediately following line 29 of page 18 the following:
"Notwithstanding any provisions of Code Section 1-3-4.1 to the contrary, this Act shall become effective upon the first day of the month following its approval by the Governor or its becoming law without the approval of the Governor.
SECTION 15."

Representative Crews of the 78th moved that the House agree to the Senate amendments to HB 1391.
On the motion, the roll call was ordered and the vote was as follows:

Alien N Andenon YAshe
Bailey Y Bannister YBarfoot Y Barnard
Bonus Y Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges N Brooks Y Brown YBuck Y Buckner
YBunn Y Burkhalter
YByrd Campbell
Y Canty YCash Y Channel! Y Guilders Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell
Y Cooper Y Crawford YCrevre

Y Culbreth Y Cummings
Davis, G Y Davis, M YDay YDeLoach.B Y DeLoach, G YDix 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 YHeckstall YHegstrom YHenson
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
Jones Joyce YKaye
YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddoi YMann Y Manning
Martin, J Y Martin, J.L
YMaseey YMcBee YMcCall
Y McClinton McKinney
Y Mills Y Mobley Y Mosley Y Mueller YO'Neal YOrrock YParham

On the motion, the ayes were 155, nays 4.

YParrish Y Parsons Y Pelote
Perry Y Pinholster
YPoag YPolak
Ponder Y Porter Y Powell YPurcell YRagas
Randall
YRay Y Reaves
Y Beichert YRice Y Richardson
Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid
Y Scott Y Shanahan
YShaw Y SherrUl
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 YStallings
Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephens Y Taylor NTeague YTeper Thomas YTillman
Y Titus Y Tolbert YTrense N Turnqueat
Twiggs Y Walker, L Y Walker, R.L E Watson Y West Y Westmoreland
Y Whitaker YWUes Y Williams, B Y Williams, J Y Williams, R YWorthan
Yates Murphy, Spkr

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JOURNAL OF THE HOUSE,

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 payment of actual expenses of judges or associate judges attending training seminars.

The following Senate substitute was read:

A BILL
To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for transfer of juvenile proceedings before or after a disposition order in certain circumstances; to correct a cross-reference; to expand the circumstances when the court is authorized to order counseling or counsel and advice; 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 recommendations 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 provision relating to keeping records; to delete the authority of associate juvenile court judges to perform marriage ceremonies; 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 commenced in the county in which the acts constituting the alleged delinquent or unruly conduct occurred. If deprivation is alleged, the proceeding may be brought in the county in which the child is present when it is commenced] provided, however, that for the convenience 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 striking in its entirety Code Section 15-11-36.1, relating to court orders for counseling or counsel and advice, and inserting in lieu thereof the following:
"15-11-36.1.
When any child is before a juvenile court for the fiwt time and such child is found by the court to have committed a delinquent act, to be a deprived child, to be an unruly child, or to have committed a juvenile traffic offense as defined in Code Section 16-11 43 15-11-49, the court shall be authorized, in addition to any other disposition authorized by this article, to order such child and such child's parents or guardian to participate in counseling or in counsel and advice as determined by the court. Such counseling and counsel and advice may be provided by the court, court personnel, probation officers,

MONDAY, MARCH 9, 1998

1673

professional counselors or social workers, psychologists, physicians, qualified volunteers, or appropriate public, private, or volunteer agencies as directed by the court and shall be designed to assist in deterring future delinquent or unruly acts, conditions of deprivation, or other conduct or conditions which would be harmful to the child or society."
SECTION 3. 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 parent 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 court within 30 days of the filing of the transfer order with certified copies of the adjudication 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 4. 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 federal 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 allowances allowed members of the General Assembly."
SECTION 5. 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 e* probable eattse hearings, the associate juvenile court judge shall transmit findings find recommendations for disposition * 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 aetiee A copy of the findings td 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 hearings or probable cause hearings, shall be ordered if a party files a written request therefor within five days after receiving written notice a copy of the findings a*d recommendations order of the associate juvenile court judge.
\iy --UHJ.C88 ft FGDCCUF111 19 9ft OFQCPGQ, tflC IlHulIl9 U1Q rCCOHMftCHdftuOD9 DCCOJft^ TUG IlIKiTM
ings andefder ef- the eeurt when confirmed in writing by the judge? (g) Upon conclusion f a probable cause hearing er detention hearing before tm associate juvenile court judge; the associate juvenile eeurt judge shall sign ad file tat order ef- the court which seta forth the decision made by the associate juvenile eeurt judge; (h) An associate juvenile eeurt judge ef- any county of- this state snaH be vested with the
Or ul!9 9utt iOf Tn pUPpOSC Or P C FlOHHHi Ifo flM*lflfi CCFCTM

SECTION 6. 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

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JOURNAL OF THE HOUSE,

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 following:
"(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 contempt 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 whe is under the jurisdiction ef- the eeart for ft seconder subsequent 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 or if the child has previously been before the court on a delinquency charge and adjudication was withheld. No person, firm, or corporation shall be guilty of any offense by making public the name or picture of any such child."
SECTION 7. 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 warrants, 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 tartfi ten years after the teat 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. Thereafter, 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 8. All laws and parts of laws in conflict with this Act are repealed.

Representative Hecht of the 97th moved that the House agree to the Senate substitute to HB 1290.
On the motion, the roll call was ordered and the vote was as follows:

Alien YAndereon YAshe 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

Buikbalter Y Byrd
Campbell Y Canty Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B
Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Da , G YDavis, M Y Day Y DeLoach, B

Y DeLoach, G Y Da 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
Manner Y Harbin Y Heard Y Hecht

Y Heckstall Y Hegetrom Y Henson Y Holland Y Holmes Y Houston Y Howard
Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson Y James YJamieson Y Jenkins Y Johnson Y Johnston
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 Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley Y Mosley Y Mueller

MONDAY, MARCH 9, 1998

YO'Neal YOnock YParham YParrish Y Parsons YPelote
Perry YPinholster YPoag YPolak
Ponder Y Porter YPowell YPurcell YRagas

Bandall YRay
Reaves Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett YScheid Y Scott Y Shanahan

Y Shaw Y Sherrffl 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 Y 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 Y Thomas Y Tillman Y Titus Y Tolbert Y Trense

On the motion, the ayes were 162, nays 0. The motion prevailed.

1675
Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L E Watson Y West Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan
Yates Murphy, Spkr

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 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 following Senate amendment was read:

Amend HB 1209 by inserting following the word "article" on line 11 of page 2 the following:
"and introducing or attempting to introduce said article into commerce for the purpose of human consumption or processing for human consumption".
By inserting following the word "permission" on line 34 of page 2 the following:
"of the Commissioner. Upon application, the Commissioner shall grant permission to move or dispose of such article to a safe and secure area and in a safe and secure manner".

Representative Purcell of the 147th moved that the House agree to the Senate amendment to HB 1209.
On the motion, the roll call was ordered and the vote was as follows:

Alien YAnderson YAshe Y Bailey Y Bannister Y Barfoot Y Barnard YBarnes Y Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford

YBreedlove Y Bridges Y Brooks Y Brown Y Buck
Buckner Y Bunn Y Burkhalter Y Byid
Campbell Y Canty Y Cash Y Channel! Y Childers

Y Clark Y Coan Y Coleman, B
Coleman, T Y Cornell
Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Day Y DeLoach, B

Y DeLoach, G Y D Y Dizon Y Dobbs Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton
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 Y Howard

1676

JOURNAL OF THE HOUSE,

YHudgens Y Hudson, H Y Hudson, N YHugley Ylrvin Y Jackson Y James Y Jamieson YJenkins Y Johnson YJohnston
Jones 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
McKinney Y Mills Y Mobley YMosley YMueller YO'Neal YOrrock YParham YParrish Y Parsons
YPelote Perry
YPinholster YPoag

Polak Ponder Y Porter YPoweU YPureell YRagas Randall YRay Reaves Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Sanders YSauder YScarlett YScheid Y Scott YShanahan YShaw

On the motion, the ayes were 155, nays 1. The motion prevailed.

YSherriU YShipp YSims Y Sinkfield Y Skipper
Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R
Y Smith, P Smith, T
Y Smith, V Smyre
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 YTumquest YTwiggs
Walker, L Y Walker, R.L E Watson
YWest Y Westmoreland YWhitaker Y Wiles
Y Williams, B Y Williams, J Y Williams, R YWorthan
Yates Murphy, Spkr

HB 88. By Representatives Buck of the 135th, Barnes of the 33rd, Lee of the 94th, Cummings of the 27th, Walker of the 141st and others:
A bill to amend Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement and eligibility for benefits under the Superior Court Judges Retirement System and related matters, so as to provide that members of such retirement system who were retired on July 1, 1996, with more than 16 years of creditable service shall receive a benefit increase for each year of service over 16 years.

The following Senate substitute was read:

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 retiring 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

MONDAY, MARCH 9, 1998

1677

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 creditable service shall receive in July, 1998, a one-time benefit payment equal to two times the product of 1 percent of the salary paid to such judge at the time of his or her retirement multiplied by 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 47-23-102 of the Official Code of Georgia Annotated created by such Act.
SECTION 3. 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 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Buck of the 135th moved that the House agree to the Senate substitute to HB 88.
On the motion, the roll call was ordered and the vote was as follows:

Alien YAnderson YAshe Y Bailey Y Bannister
YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBinUong 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 Y Channell
Y Childen Y Clark YCoan Y Coleman, B Y Coleman, T YConnell Y Cooper Y Crawford
Y Crews

Y Culbreth Y Cummings Y DaTM, G Y Davis, M
YDay Y DeLoach. B
Y DeLoach, G YDix Y Dixon YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton
Floyd Y Franklin Y Golden Y Graves YGreene
Y Grindley Y Hammontree YHanner
Y Harbin 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 Y Jenkins Y Johnson Y Johnston
Jones Joyce YKaye YLadd YLakly YLane
YLee Y Lewis
YLord Y Lucas Y Maddox YMann Y Manning
Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton
McKinney Y Mills
Y Mobley YMosley Y Mueller YO'Neal YOrrock YParham

On the motion, the ayes were 160, nays 0. The motion prevailed.

YParrish Y Parsons YPelote
Perry
Y Pinholster YPoag YPolak
Ponder Y Porter YPoweU Y Purcell YRagas
Randall YRay
Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y 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 Y Smith, V YSmyre
Snelling
YSnow Stallings
Y Stancil, F
Y Stancil, S Stanley, L
Y Stanley, P Y Stephens
Taylor YTeague YTeper Y Thomas YTillman Y Titus YTolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L
E Watson YWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B
Williams, J Y Williams, R YWorthan
Yates Murphy, Spkr

1678

JOURNAL OF THE HOUSE,

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 Annotated, relating to the service cancelable loan fund and authorized types of service cancelable educational loans, so as to change the provisions relating to service cancelable educational loans for eligible members of the Georgia National Guard.

The following Senate substitute was read:

A BILL
To amend Code Section 20-3-374 of the Official Code of Georgia Annotated, relating to the service cancelable loan fund and authorized types of service cancelable educational loans, so as to change the provisions relating to service cancelable educational loans for eligible members of the Georgia National Guard; to provide for legislative findings and intent; to provide for procedures and administration; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds that a fully-staffed, experienced, and well-organized National Guard is vital to the security and safety of the citizens of the nation and the state. A reduction in the manpower of the National Guard could result in the closing of certain military operations in this state causing severe economic hardship to certain counties and municipalities. It is imperative that the state remain competitive with other states and establish a recruitment and retention program to adequately staff the Georgia National Guard. The General Assembly declares that it is the intent of this Act that the Georgia Student Finance Authority exercise its authority to the fullest extent to facilitate the granting, processing, and renewal of service cancelable loans to eligible members of the Georgia National Guard as authorized in this Act.
SECTION 2. Code Section 20-3-374 of the Official Code of Georgia Annotated, relating to the service cancelable loan fund and authorized types of service cancelable educational loans, is amended by striking in its entirety paragraph (2) of subsection (b) and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2)Georgia National Guard members. To the extent that funds are appropriated, the 3%e authority is authorized to make service cancelable educational loans to residents of Georgia who are eligible members of the Georgia National Guard and who are enrolled at the undergraduate level in a private or public college or public vocationaltechnical postsecondary technical or vocational school located in the state. Members of the Georgia National Guard who are in good standing according to applicable regulations of the National Guard shall be eligible to apply for a loan. Such loans shall be on the terms and conditions set by_ the authority in consultation with the Department of Defense, provided that any such loan shall not exceed an amount equal to the actual tuition charged to the recipient for the period of enrollment in an educational institution or the tuition charged by the University of Georgia for the period of enrollment at the university, whichever is less. Students eligible for the HOPE scholarship or HOPE grant at an eligible public or private postsecondary institution are not eligible to receive this loan during a school term in which they are receiving HOPE scholarship or HOPE grant funds. A loan recipient shall not be eligible to receive loan assistance provided for in this paragraph for more than five academic years of study. Educational loans may be made to full-time and half-time students. Upon the recipient's attainment of a baccalaureate degree from an institution or cessation of status as an active member, whichever occurs first, the loan provided by this

MONDAY, MARCH 9, 1998

1679

paragraph shall be discontinued. The loan provided by_ this paragraph may be suspended at the discretion of the authority for a recipient's failure to maintain good military standing as an active member or failure to maintain sufficient academic standing and good academic progress and program pursuit. 3%e maximum leaa taaeturt fef Mliimc students siiAii not exceed ip^"'*^"' pep ucudciiiie ycory unci me zuiuiiiiiuiix IOAA amount fef half-time students shaH net exceed $400.00 per academic year? Such loans shall be repayable in cash, with interest thereon, or, upon satisfactory completion of a quarter, semester, year, or other period of study as determined by the authority: graduation?; termination of enrollment in school;; or termination of this assistance with approval of the authority, shall be canceled in consideration of the student's retaining membership in the Georgia National Guard during the period in which the loan is applicable. Loana made to full-time students shall be canceled e the- basis- of one year ef- mcmbcrohip service fer each year ef full-time academic study, teans made to half-time students shall be canceled e the basis ef six months ef- membership service for eaeh yeaf ef- half-time academic study. The adjutant general of Georgia shall certify eligibility and termination of eligibility of students for educational loans and eligibility for cancellation of educational loans by members of the Georgia National Guard in accordance with regulations of the authority."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Birdsong of the 123rd moved that the House agree to the Senate substitute to HB 1516.
On the motion, the roll call was ordered and the vote was as follows:

Alien Y Andenon
YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck YBuckner 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 YDii 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
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 Y Johnson Y Johnston
Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddoz YMann Y Manning Y Martin, J Y Martin, J.L YMassey
McBee McCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Mueller YO'Neal YOrrock YParham

On the motion, the ayes were 163, nays 0. The motion prevailed.

YParrish Y Parsons Y Pelote
Perry
Y Pinholster YPoag
Polak
Y Ponder Y Porter
Powell YPurcell YRagas
Randall YRay
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 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 YTillman Y Titus Y Tolbert
YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L E Watson YWest
Y Westmoreland
YWhitaker
Y Wiles
Y Williams, B
Y Williams, J
Y Williams, R
YWorthan
YYates Murphy, Spkr

1680

JOURNAL 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 following Senate amendment was read:

Amend HB 1087 by deleting line 23 of page 1 and substituting in lieu thereof the following: "October 1, 1998".

Representative Shaw of the 176th moved that the House agree to the Senate amendment to HB 1087.
On the motion, the roll call was ordered and the vote was as follows:

Alien Y Andersen YAahe 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 Burkbalter YByrd
Y 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 CununiiiKS Y Davis, G YDavis, M YDay Y DeLoach, B
YDeLoach, G YDii YDixon YDobbs Y Dukes YEhrhart YEpps Y Evans YEverett Y Felton YFloyd YFranklin Y Golden Y Graves
YGreene Y Grindley
Y Hammontree Y Manner Y Harbin
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 YJamieson YJenkins Y Johnson Y Johnston
Jones Joyce
YKaye YLadd
Lakly
YLane YLee Y Lewis
YLord Lucas Maddoi
YMann Y Manning Y Martin, J
Martin, J.L
YMassey YMcBee
McCall
Y McClinton McKinney
Y Mills
Y Mobley YMosley
Mueller YO'Neal YOrrock YParham

On the motion, the ayes were 160, nays 0. The motion prevailed.

YParrish Y Parsons Y Pelote
Perry Y Pinholster YPoag
Polak Y Ponder Y Porter
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 YShanahan YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W
Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T
Y Smith, V Y Smyre YSnelling 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 YTrense
Y Turnquest YTwiggs Y Walker, L Y Walker, R.L E Watson Y West Y Westmorland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

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.

MONDAY, MARCH 9, 1998

1681

Representative Martin of 47th moved that the House insist on its position in substituting SB 369.
On the motion, the roll call was ordered and the vote was as follows:

Alien Y Andenon
YAshe Y Bailey N Bannister
Barfoot N Barnard YBaraes N Bates Y Benefield YBirdsong N Bohannon Y Bordeaux N Bradford
Bnedlove N Bridges Y Brooks N Brown YBuck YBuckner
Bunn Y Burkhalter
YByrd Y Campbell
Y Canty NCash YChannell
YChilden N Clark NCoan YColeman, B Y Coleman, T YConnell Y Cooper
Y Crawford N Crews

Y Culbreth Y CununingB Y Davis, G Y Davis, M YDay N DeLoach, B NDeLoach, G NDiz Y Diion
NDobbs Y Dukes NEhrhart YEpps Y Evans YEverett
Felton YFloyd N Franklin
Y Golden Y Graves YGreene
N Grindley Y Hammoritree
Y Manner Y Harbin
Heard YHecht YHeckstall
YHegstrom YHenson Y Holland Y Holmes Y Houston Y Howard N Hudgens Y Hudson, H

Y Hudson, N YHugley NIrvin N Jackson Y James Y Jamieson
Jenkins Y Johnson N Johnston Y Jones
Joyce NKaye NLadd NLakly NLane YLee N Lewis YLord Y Lucas YMaddox NMann
Y Martin, J N Martin, J.L YMassey YMcBee YMcCall Y McClinton
McKinney N Mills Y Mobley YMosley YMueller YO'Neal YOrrock YParham

On the motion, the ayes were 114, nays 46. The motion prevailed.

YParrish N Parsons YPelote
Perry N Pinholster YPoag
Polak Y Ponder Y Porter
Powell YPurceU YRagas
Randall YRay
Reaves Y Reichert NRice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder YScarlett NScheid N 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, P Y Smith, T N Smith, V YSmyre NSnelling YSnow YStallings Y Stancil, F N Stancil, S
Stanley, L Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas Y TUlman N Titus YTolbert YTrense Turnquest YTwiggs Y Walker, L N Walker, R.L
E Watson YWest N Westmoreland YWhi taker
N Wiles Y Williams, B N Williams, J Y Williams, R YWorthan
Yates Murphy, Spkr

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

HB 1315.

By Representatives Purcell of the 147th, DeLoach of the 172nd, Lane of the 146th, Banner 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 Senate substitute was read:

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; to authorize the commissioner of natural resources to establish times and places for the noncommercial taking of shrimp; to establish a limit on shrimp

1682

JOURNAL OF THE HOUSE,

taken by a cast net, a seine, or a combination of a cast net and a seine; to provide for criminal sanctions; to provide for the assessment of a civil penalty; to provide for the taking of whelks; to provide conditions for the noncommercial taking of shrimp; to amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones and related matters, so as to change certain designations of boating safety zones and to change certain designated lakes where certain vessels shall be prohibited; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by inserting immediately following paragraph (10) of Code Section 27-1-2, relating to definitions relative to such title, the following:
"(10.1) 'Cast net' means a cone shaped net designed to be thrown and retrieved by hand and designed to spread out and capture fish and shrimp as the weighted circumference smks to the bottom and comes together when pulled by a line."
SECTION 2. Said title is further amended by inserting immediately following paragraph (13) of Code Section 27-1-2, relating to definitions relative to such title, the following:
"(13.1) 'Commercial cast net' means a cast net constructed of a minimum of fiveeighths inch bar mesh and having a radius not more than 12 feet and in compliance with the provisions of Code Section 27-4-13; (13.2) 'Commercial cast netting' means taking shrimp for commercial sale for food purposes;"
SECTION 3. Said title is further amended by inserting immediately following paragraph (59) of Code Section 27-1-2, relating to definitions relative to such title, the following:
"(59.1) 'Recreational bait shrimp cast net' means a cast net constructed of a minimum of three-eighths inch mesh with a radius not greater than eight feet and in compliance with the provisions of Code Section 27-4-13. Such term shall include any cast net which exceeds such minimum mesh size. (59.2) 'Recreational bait shrimp cast netting' means taking shrimp for noncommercial use as live bait by means of a cast net. (59.3) 'Recreational food shrimp cast net' means a cast net constructed of a minimum of one-half inch bar mesh with a radius not greater than eight feet and in compliance with the provisions of Code Section 27-4-13. (59.4) 'Recreational food shrimp cast netting' means taking shrimp for noncommercial food purposes by means of a cast net."
SECTION 4. Said title is further amended by inserting immediately following Code Section 27-4-12 a new Code section to read as follows:
"27-4-13.
(a) Except as otherwise provided in subsection (b) of this Code section, all cast nets used in the waters of the state shall be constructed of a uniform mesh size and a uniform mesh material from the thimble, also known as the horn, of the net to the lead line. The lead line shall consist of a line to which is attached a minimum of threefourths pounds of lead per radius foot. (b) All cast nets used for taking shrimp in the waters of the state shall be constructed of a uniform mesh size and a uniform mesh material from the thimble, also known as the horn, of the net to the lead line. The brail or tuck lines shall be of uniform diameter and constructed of the same material as the mesh. The lead line shall consist of a round line to which is attached a minimum of three-quarters of a pound of lead per radius foot.

MONDAY, MARCH 9, 1998

1683

(c) It shall be unlawful to use a cast net not in conformity with the provisions of this Code section. It shall be unlawful to possess in a vessel a cast net not in conformity with the provisions of either subsection (a) or subsection (b) of this Code section."
SECTION 5. Said title is further amended by striking in its entirety Code Section 27-4-110, relating to the requirement for a commercial fishing license, and inserting in lieu thereof the following:
"27-4-110. It shall be unlawful for any person other than a person in possession of a valid commercial crabbing license as provided for in Code Section 27-4-150j for purposes of such license, or a person in possession of a commercial food shrimp cast netting license as provided in Code Section 27-4-205. for purposes of such license, to engage in commercial fishing in any of the salt waters of this state without first obtaining a commercial fishing license. Sfteh Each license shall be separate and distinct from each other and separate from and in addition to the commercial fishing boat license required by Code Section 27-2-8."
SECTION 6. Said title is further amended by striking in its entirety paragraph (10) of Code Section 27-4-113, relating to lawful gear for use in commercial salt-water fishing, and inserting in lieu thereof the following:
^XU/ Oflflc HGu9 USCu rf CODlDQ.CFClfl.1. plirpOSCS irl flCCOPuCUHCC WlMl AJfUCIC T Or TxllS
1 Commercial cast nets as defined in Code Section 27-1-2;"
SECTION 7. Said title is further amended by striking in its entirety Code Section 27-4-118, relating to required records relating to commercial salt-water fishing, and inserting in lieu thereof the following:
"27-4-118. (a) Except for the taking of shellfish, it shall be unlawful for any beat e* vessel aseel person engaged in commercial fishing or in the taking of seafood in the salt waters of this state to fail to maintain at all times a record book showing the amount of fish, prawn, shrimp, and other seafood 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. Seh records shell be available for inspection by authorized staff ef- the department. (b) Each person required to maintain records pursuant to the provisions of subsection (a) of this Code section shall report such information to the department at such times and in such manner as the board provides by rule or regulation."
SECTION 8. Said title is further amended by inserting immediately following Code Section 27-4-118 the following:
"27-4-119. It shall be unlawful for any person to take shrimp for commercial purposes by any cast net other than a commercial cast net as such term is defined in paragraph (13.1) of Code Section 27-1-2."
SECTION 9. Said title is further amended by striking in its entirety Code Section 27-4-132, relating to the taking of shrimp for noncommercial purposes generally, and inserting in lieu thereof the following:
"27-4-132. (a) Except as otherwise provided by law, it shall be unlawful to take shrimp for noncommercial purposes in the salt waters of the State of Georgia except by means of a

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JOURNAL OF THE HOUSE,

recreational bait shrimp cast net or a recreational food shrimp cast net or by means of a beach seine of a length and mesh size authorized for use in salt waters by subsection (d) of Code Section 27-4-112. (b) It shall be unlawful to take shrimp for noncommercial food purposes in the salt waters of the state by. any cast net other than a recreational food shrimp cast net or by means of a beach seine. Violation of the provisions of this subsection shall constitute a misdemeanor. (c) It shall be unlawful to take shrimp except at such times and places as the commissioner may establish. The commissioner is authorized to open or close any or a portion of the salt waters of this state to recreational food shrimp cast netting at any time between May 15 and the last day of February."
SECTION 10.
Said title is further amended by striking in its entirety Code Section 27-4-132.1, relating to limits on amount of shrimp taken by cast net and penalty for violation, and inserting in lieu thereof the following:
"27-4-132.1.
(a) No person or group of persons occupying the same boat taking shrimp by means of a recreational food shrimp cast net may take or possess more than 48 quarts of shrimp with heads or 30 quarts of shrimp taikj and no person in possession of a commercial shrimp cast netting license taking shrimp by means of a commercial cast net may take or possess more than 60 quarts of shrimp with heads or 38 quarts of shrimp tails, taken by such cast net or a combination of a cast net and a seine in any day, and no one person taking shrimp solely by means of a seine, whether such person is acting alone or in a group of persons, may possess more than 24 quarts of shrimp with heads or 15 quarts of shrimp tails taken b_ such seine in any 34 feew period- day; provided, however, that no person shall have on board a vessel more than one type of cast net gear, and such person shall be limited to the harvest limit allowable for that type of gear. If any person or group of persons occupying the same boat are in possession of a cast net and a seine, such person or persons shall be subject to the limits imposed upon taking shrimp by cast net. No vessel owner shall allow the vessel to be used by any person or persons to take more than 48 quarts of shrimp with heads or 30 quarts of shrimp tails in any 34 hew period day regardless of the number of trips made or the duration of any trip by such vessel. It shall be unlawful for any vessel owner or operator to allow a vessel to be left anchored and unoccupied for the purpose of receiving shrimp taken by the occupant of any other vessel.
(b)(l) Violation of subsection (a) of this Code section shall constitute a misdemeanor. (2) In addition to any criminal penalties assessed, any person violating the provisions of subsection (a) of this Code section shall pay a civil penalty in the amount of $50.00 for each quart of shrimp taken or possessed in excess of the allowable limit. (c) Whenever the commissioner or his or her designee has reason to believe that any person has violated subsection (a) of this Code section 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 provided by Code Section 50-13-41. Upon finding that such person has violated subsection (a) of this Code section, the administrative law judge shall impose a civil penalty in the amount of $50.00 for each quart of shrimp taken or possessed in excess of the allowable limit. The decision of the administrative 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 11. Said title is further amended by striking in its entirety Code Section 27-4-133, relating to lawful nets, the opening and closing of waters, and related matters, and inserting in lieu thereof the following:
"(a) Except as otherwise specifically provided, it shall be unlawful for any person to use a power-drawn net in any of the salt waters of this state for commercial shrimping for

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human consumption. All sounds shall be closed to such fishing, except that the commissioner may open Cumberland, St. Simons, Sapelo, St. Andrews Andrew, Wassaw, or Ossabaw sounds or any combination of such sounds at any time between September 1 and December 31, provided that he or she has determined that the shrimp in the waters of each sound to be opened are 45 or fewer shrimp with heads on to the pound; and he the commissioner shall close each sound so opened when he or she has determined that the shrimp in the waters of the sound exceed 45 shrimp with heads on to the pound. The commissioner may open any waters outside, on the seaward side, of the sounds between tfone 4 May 15 and December 31, provided that he or she has determined that the shrimp in such outside waters are 45 or fewer shrimp with heads on to the pound; and fee the commissioner shall close the waters so opened when he or she has determined that the shrimp in such outside waters exceed 45 shrimp with heads on to the pound. The commissioner may open any waters outside the sounds during the months of January and February, provided that he or she has determined that the shrimp in such outside waters are 50 or fewer shrimp with heads on to the pound; and he the commissioner shall close such outside waters so opened when he or she has determined that the shrimp in such outside waters exceed 50 shrimp with heads on to the pound. The department shall conduct inspections for such shrimp count, and a determination by the commissioner shall be conclusive as to the count. The commissioner shall provide public notice of the opening and closing of such waters, as provided in this Code section, by posting a notice of all openings and closings at the courthouse and on all shrimp docks and by such other means as may appear feasible. The notices shall be posted at least 24 hours prior to any change in the opening and closing of any such waters, provided that such notice is required only when waters are opened or closed by action of the commissioner.
(b) It shall be unlawful to use a power-drawn net in any of the salt waters of this state except between the hours of 5:00 A.M. eastern standard time and 8:00 P.M. eastern standard time. It shall also be unlawful to use a power-drawn net in any sound between the hours of 8:00 P.M. eastern standard time on Saturday and 5:00 A.M. eastern standard time on Monday.
(c) (1) Except as otherwise specifically provided, it shall be unlawful to fish with nets other than cast nets in any of the tidal rivers or creeks, except to fish for shad or sturgeon, provided that nothing contained in this Code section shall be construed so as to prohibit any person from using a beach seine along any public beach.
(2) It shall be unlawful to fish for shrimp in the salt waters of the state by means of a seine or a cast net other than a bait shrimp cast net except at such times and places as the commissioner may establish. The commissioner is authorized to open or close for such purpose any or a portion of the salt waters of this state at any time between May 15 and the last day of February, provided that the commissioner has determined that such action in opening or closing said salt waters is in accordance with current, sound principles of wildlife research and management.
(d) The department shall have the power to close all or any portion of the salt waters of this state to commercial and recreational fishing in the event of a disaster likely to cause seafood to be unfit for human consumption or in the event of any other emergency situation.
(e) Nothing contained in this Code section shall be construed to prohibit any person from fishing in the salt waters of this state for shrimp to be used or sold for live bait pursuant to Code Sections 27-4-170 and 27-4-171, provided that it shall be unlawful to use for obtaining shrimp for bait any trawl equipment which has been used for obtaining shrimp pursuant to this Code section.
(f) In accordance with current, sound principles of wildlife research and management, as provided by Code Section 27-4-130, the commissioner is authorized to authorize any person to take crabs or whelks with power-drawn nets of four-inch stretched mesh from any waters outside, on the seaward side, of the sounds at any time during the year, or from the waters of Cumberland, St. Simons, Sapelo, St. Andrews, Wassaw, and Ossabaw sounds during the months of January, February, and March, when the commissioner has determined that taking of crabs or whelks within such waters will not be detrimental

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to the conservation of crabs or shrimp. Possession of any net with mesh smaller than that provided in this subsection while taking crabs or whelks shall be prima-facie evidence of the violation of this Code section. (g) It shall be unlawful for any person taking shrimp for commercial purposes pursuant to this Code section to fail to have positioned on the bow or cabin of the boat taking such shrimp a board with a background color of daylight fluorescent orange and with such numerals and letters painted or affixed thereon as are specified by the department for the boat. The numerals and letters shall be at least 16 inches in height, black in color, of block character, and spaced so as to be readable from the air from left to right. The numcrolo and tetters required for compliance with this aubocction ahaH -be designed and furnished by the deportment. The numerate and tetters shaH fee furnished period! eatiy at the time commercial fishing beat licenses are issued- pursuant to Code Section
nufIj 4nJ ua.
(h) Any determination to open or close the salt waters pursuant to this Code section shall be made in accordance with current, sound principles of wildlife research and management."
SECTION 12. Said title is further amended by striking in its entirety Code Section 27-4-136, relating to the maintenance of records by suppliers of certain sea food, and inserting in lieu thereof the following:
"27-4-136.
(a)(l) It shall be unlawful for any person owning or operating shellfish canning or shucking facilities or otherwise dealing in purchasing, landing, packing, or supplying raw shrimp, shellfish, crabs, fish, or other seafood for commercial purposes to fail to keep a record in which is entered the amount of shrimp, shellfish, crabs, fish, or other seafood taken from Georgia waters for commercial purposes; the name of each person from whom purchased; the date and price of purchase; the grade and quantity purchased; the name, number, and approximate tonnage of the boat in which they were brought to the facility; the number of calendar days expended in harvesting the product; the approximate location or locations of harvest; the quantity canned and packed for shipment; and the date and amount of each shipment; and such other information as the department requires, ft shaH fee unlawful tot any saeh person to fail to make an itemized written report to the department ef the information required fey this Gede section m a form as prescribed fey the department fey net later titan the fiftfe day ef each month: (2) Each person required to maintain records pursuant to paragraph (1) of this subsection shall report such information to the department at such times and in such manner as the board provides by rule or regulation. (b) It shall be unlawful for any master collecting permittee to fail to maintain records in a form as prescribed by the Department of Agriculture."
SECTION 13. Said title is further amended by striking in its entirety subsection (a) of Code Section 27-4-138, relating to penalties for offenses pertaining to the operation of commercial fishing boats engaged in illegal fishing with power drawn nets, and inserting in lieu thereof the following:
"(a)(l) As used in this Code section, the term 'fishing day' means any day in any period during which the waters of this state are open to commercial shrimping pursuant to Code Section 27-4-133 and any administrative order of the commissioner. (2) Any person on board any commercial fishing boat who violates or causes to be violated the provisions of Code Section 27-4-133 or of Code Section 52-7-13 with regard to waters identified in paragraph (1) of subsection (a) of such Code section, which violation occurs not more than one-fourth mile within any waters which are closed or declared a boating safety zone at the time of the violation, shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished as such, subject to minimum punishment as follows:

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(A) For the first offense, the person shall be fined not less than $500.00; (B) For the second offense, the person shall be fined not less than $1,500.00 and given a mandatory suspension from any commercial fishing for ten fishing days; and (C) For the third or any subsequent offense, the person shall be fined not less than $5,000.00 and given a mandatory suspension from any commercial fishing for 60 fishing days. (3) Any person in command of any commercial fishing boat who violates or causes to be violated the provisions of Code Section 27-4-133, which violation occurs one-fourth mile or more within any waters which are closed at the time of the violation, shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished as such, subject to minimum punishment as follows: (A) For the first offense, the person shall be fined not less than $5,000.00 and given a mandatory suspension from any commercial fishing for 60 fishing days; (B) For the second offense, the person shall be fined not less than $10,000.00 and given a mandatory suspension from any commercial fishing for 120 fishing days; and (C) For the third or any subsequent offense, the person shall be fined not less than $10,000.00 and given a mandatory suspension from any commercial fishing for one year. (4) Any person who violates a mandatory suspension provided for in paragraphs (2) and (3) of this subsection shall, upon a proper showing, be subject to imprisonment for a period not to exceed 12 months."
SECTION 14. Said title is further amended by inserting immediately following Code Section 27-4-138 two new Code sections to read as follows:
"27-4-139.
(a) It shall be unlawful for any person engaged in recreational food shrimp cast netting to use any cast net other than a recreational food shrimp cast net as such term is defined in Code Section 27-1-2. (b) It shall be unlawful for any person to sell for human consumption shrimp taken by a recreational food shrimp cast net. (c) Any person convicted of violating the provisions of this Code section shall be guilty of a misdemeanor.
27-4-140. (a) Any enforcement officer or other law enforcement officer who discovers an illegal cast net being used on the waters of this state shall confiscate the net, which shall be forfeited. (b) Any person convicted of using an illegal cast net to take shrimp from the waters of this state for commercial sale for food purposes shall be guilty of a misdemeanor. (c) Any person convicted for the second or any subsequent time of using an illegal cast net to take shrimp from the waters of this state for commercial sale for food purposes shall, in addition to any other penalty imposed by law, forfeit the vessel on which the violation occurred and in addition all commercial fishing and boat licenses issued to such person shall be revoked in accordance with the provisions of Code Section 27-2-25. (d) Any person convicted of taking shrimp from the waters of this state for commercial sale for food purposes shall be guilty of a misdemeanor."
SECTION 15. Said title is further amended by inserting at the end of Code Section 27-4-170, relating to sport bait shrimping, the following:
"(d)(l) It shall be unlawful for any person engaged in recreational bait shrimp cast netting to use any cast net other than a recreational bait shrimp cast net as such term is defined in Code Section 27-1-2. (2) The salt waters of the state shall be open to recreational bait shrimp cast netting at any time of the year; provided, however, that any person taking shrimp under this paragraph shall possess no more than two quarts of bait shrimp at any time, all of which may be dead; and provided, further, that any such person may take a maximum

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of four quarts of bait shrimp during any day. When two or more persons taking shrimp under this subsection occupy the same boat, there may be no more than four quarts of bait shrimp on board the boat at any time, all of which may be dead; and the persons occupying the boat may together take a maximum of eight quarts of bait shrimp during any day."
SECTION 16. Said title is further amended by inserting immediately following Part 3 of Article 4 of Chapter 4, relating to seafood, the following:
"Parts
27-4-205. It shall be unlawful for any person to take shrimp with a cast net from the waters of the state for commercial sale for food purposes or to sell for food purposes any shrimp he or she has taken with a cast net from the waters of the state unless he or she is in possession of a commercial food shrimp cast netting license as provided in this part. Such license shall be required in addition to a commercial fishing boat license issued pursuant to Code Section 27-2-8.
27-4-206. (a) The department may issue no more than 250 commercial food shrimp cast netting licenses as provided in this Code section. Such licenses shall be issued only to individuals and shall not be transferable. (b) The department shall issue commercial food shrimp cast netting licenses for the year 1998 in order of the date and time the application was received to individuals who:
(1) Were in possession of a valid 1997-1998 commercial fishing license issued on or before December 12,1997; (2) Were listed as owner or captain of a valid 1997-1998 nontrawlcr commercial fishing boat license on the application for which a cast net was indicated as a commercial harvest gear on or before December 12, 1997; and (3) Are able to provide evidence satisfactory to the department that they sold shrimp ex-vessel during the 1997-1998 license year on or before December 12, 1997. (c) If the number of licenses issued pursuant to subsection (b) of this Code section does not total 250, the department may issue the remaining allotment of commercial food shrimp cast netting licenses in the initial or any subsequent license year by lottery devised and operated by the department. (d) The department shall charge a license fee for the commercial food shrimp cast netting license in the amount of $250.00 for a resident commercial food shrimp cast netting license and $2,500.00 for a nonresident commercial food shrimp cast netting license. (e) Any license which is not renewed in subsequent license years shall revert to the department to be issued as provided in subsection (c) of this Code section."
SECTION 17. Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones and related matters, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following:
"(a)(l} The following are established as boating safety zones from May 1 through the following September 30:
(A)W The ocean waters adjacent to Jekyll Island, which shall include all those waters for a distance of 1,000 feet from the high-water mark on Jekyll Beach from the northernmost point to the southernmost point of Jekyll Island; (B)43) The ocean waters adjacent to Tybee Island Beach, which shall include all those waters for a distance of 1,000 feet from the high-water mark on Tybee Island Beach from the northernmost point to the southernmost point of Tybee Island Beach; (C){3> The ocean waters adjacent to Saint Simons Island, which shall include all those waters for a distance of 1,000 feet from the high-water mark on Saint Simons

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Island from the northernmost point to the southernmost point of Saint Simons Island; and (DM4) The ocean waters adjacent to Sea Island, which shall include all those waters for a distance of 1,000 feet from the high-water mark on Sea Island from the northernmost point to the southernmost point of Sea Island; (2) The following are established as boating safety zones at all times of the year: (AX6) The area within the marked boundary of any designated swimming area; and (B){6) The area within the marked boundary upstream or downstream of any dam designated by the commissioner." and by striking hi its entirety subsection (d) and inserting in lieu thereof the following: "(d) The operation of any vessel, specifically including a houseboat, with a marine toilet, galley, or sleeping quarters shall be prohibited on Lake Burton, Bull Sluice Lake, Goat Rock Lake, Lake Harding, Lake Jackson, North Highlands Lake, Lake Oliver, Lake Rabun, Seed Lake, Tallulah Falls Lake, Tugalo Lake, Lake Oconee, and Yonah Lake."
SECTION 18. All laws and parts of laws in conflict with this Act are repealed.

Representative Purcell of the 147th moved that the House disagree to the Senate substitute to HB 1315.
The motion prevailed.

HB 1337.

By Representative Stancil of the 91st:
A bill to amend Code Section 8-2-26 of the Official Code of Georgia Annotated, relating to the enforcement of state minimum standard building codes, so as to change the provisions relating to the requirement that certain information be printed on county and municipal building permits.

The following Senate substitute was read:

A BILL
To amend Code Section 8-2-26 of the Official Code of Georgia Annotated, relating to the enforcement of state minimum standard 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 permit which authorizes improvements to new or existing residential or commercial real property 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 amend Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs of the General Assembly, so as to provide for issuance of a housing affordability impact note for any legislation or rule that affects the cost of constructing a residential unit of housing; to provide for contents and requirements for such housing affordability impact notes; to provide for applicability; to provide for comments and testimony; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 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:

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"(e)(l) Any county or municipal building permit issued in this state to a general contractor or homebuilder for residential or commercial construction 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 in the body of the permit the following:
'The issuance of this permit authorizes improvements of the real property designated 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 property 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.' {t)(2) Any county or municipal building construction permit^ including but not limited to mechanical, plumbing, or electrical permits, issued in this state on existing residential 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 e in the body of the permit the following: 'The issuance of this permit authorizes improvements of the real property designated 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 property 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.' {3>(3) Any person who or entity which is issued a permit which authorizes improvements to a tract ef- real property which is being uacd or wiH be ttseel for new or existing residential purposes or commercial real property shall be required to: (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. Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs of the General Assembly, is amended by adding at the end of said chapter a new Article 6 to read as follows:
"ARTICLE 6
28-5-140. This article shall be known and may be cited as the 'Housing Affordability Impact Note Act.'
28-5-141. (a) The sponsor of any bill, except a bill making a direct appropriation, the purpose or effect of which is to directly increase or decrease the cost of constructing a residential unit, shall request a brief explanatory statement or note that shall include a reliable estimate of the anticipated impact of such bill. (b) Every proposed rule of an agency, the purpose or affect of which is to directly increase or decrease the cost of constructing, purchasing, owning, or selling a residential unit of housing shall have prepared for it, before submission of such rule to the appropriate standing committees of the House of Representatives and the Senate, a brief explanatory statement or note that shall include a reliable estimate of the anticipated impact of such rule. As used in this article, the terms 'agency' and 'rule' shall have the same meanings as in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act' (c) The statements or notes required by this Code section shall be known as housing affordability impact notes.

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28-5-142. The sponsor of each bill, or the agency proposing a rule, to which Code Section 28-5-141 applies shall present a copy of the bill or proposed rule with the request for a housing affordability impact note to the state auditor. The housing affordability impact note shall be prepared by the state auditor in conjunction with the Housing Research Center at the University of Georgia and shall be submitted to the sponsor of the bill or the agency proposing a rule within 20 calendar days. If, in the opinion of the state auditor, there is insufficient information to prepare a reliable estimate of the anticipated impact, a statement to that effect can be filed and shall meet the requirements of this article.
28-5-143. Whenever the sponsor of any bill is of the opinion that no housing affordability impact note is required, the Speaker of the House of Representatives or the President of the Senate may request that a note be obtained, and in that event the applicability of this article shall be decided by the majority of those present and voting in that body of which the sponsor is a member.
28-5-144. The housing affordability impact note shall be factual in nature, as brief and concise as possible, and shall provide a reliable estimate in dollars, and, in addition, shall include both the immediate effect and, if determinable or reasonably foreseeable, the long-range effect of the measure. A housing affordability impact note shall be prepared on the basis of a single residential unit of housing. If, after careful investigation, it is determined that no dollar estimate is possible, the note shall contain a statement to that effect, setting forth the reasons why no dollar estimate can be given. A brief summary or work sheet of computations used in arriving at housing affordability impact note figures shall be included with such note.
28-5-145. No comment or opinion shall be included in the housing affordability impact note with regard to the merits of the measure for which the housing affordability impact note is prepared; however, technical or mechanical defects may be noted.
28-5-146. Whenever any committee of either the House of Representatives or the Senate reports any bill with an amendment that will substantially affect the figures stated in the housing affordability impact note attached to the measure at the time of its referral to the committee, there shall be included with the report of the committee a statement of the effect of the change proposed by the amendment reported if desired by a majority of the committee."
SECTION 3. Section 1 of 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. The remaining sections of this Act shall become effective July 1, 1998.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Stancil of the 91st moved that the House disagree to the Senate substitute to HB 1337.
The motion prevailed.
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.

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The following Senate substitute was read:

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 new Parts 4 and 5 of Article 9 of Chapter 2 of said title regulating the authorization of optical scanning voting equipment and direct electronic recording voting systems; 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 enact new Parts 4 and 5 of Article 9 of Chapter 3 of said title regulating the authorization of optical scanning voting equipment and direct electronic recording voting systems; 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 applicable 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 3 of Article 9 of Chapter 2 thereof new Parts 4 and 5 to read as follows:
"Part 4
21-2-365. No optical scanning voting system shall be adopted or used unless it shall, at the time, satisfy the following requirements:
(1) It shall provide facilities for voting for such candidates as may be nominated and upon such questions as may be submitted; (2) It shall permit each elector, in one operation per ballot card, to vote for all the candidates of one party or body for presidential electors; (3) Except as provided in paragraph (2) of this Code section for presidential electors, it shall permit each elector, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination; (4) It shall permit each elector to vote, at any election, for any person and for any office for whom and for which he or she is lawfully entitled to vote, whether or not the name of such person or persons appears upon a ballot label as a candidate for election; to vote for as many persons for an office as he or she is entitled to vote for; and to vote for or against any question upon which he or she is entitled to vote; (5) When used in conjunction with a tabulating machine, it shall preclude the counting of votes for any candidate or upon any question for whom or upon which an elector is not entitled to vote; shall preclude the counting of votes for more persons for

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any office than he or she is entitled to vote for; and shall preclude the counting of votes for any candidate for the same office or upon any question more than once; (6) It shall permit voting in absolute secrecy so that no person can see or know for whom any other elector has voted or is voting, save an elector whom he or she has assisted or is assisting in voting, as prescribed by law; (7) It shall be constructed of material of good quality in a neat and workmanlike manner; (8) It shall, when properly operated, record correctly and accurately every vote cast; (9) It shall be so constructed that an elector may readily learn the method of operating it; and (10) It shall be safely transportable.
21-2-366. The governing authority of any county may at any regular meeting or at a special meeting called for the purpose, by a majority vote, authorize and direct the use of optical scanning voting systems for recording and computing the vote at elections held in the county; and thereupon the governing authority shall purchase, lease, rent, or otherwise procure optical scanning voting systems conforming to the requirements of this part.
21-2-367. (a) When the use of optical scanning voting systems has been authorized in the manner prescribed in this part, such optical scanning voting systems shall be installed, either simultaneously or gradually, within the county. Upon the installation of optical scanning voting systems in any precinct, the use of paper ballots or other voting machines or apparatus therein shall be discontinued, except as otherwise provided by this chapter. (b) In each precinct in which optical scanning voting systems are used, the governing authority shall provide at least one such system for each 200 electors therein, or fraction thereof. (c) Optical scanning voting systems of different kinds may be used for different precincts in the same county. (d) The governing authority shall provide optical scanning voting systems in good working order and of sufficient capacity to accommodate the names of a reasonable number of candidates for all party offices and nominations and public offices which, under the provisions of existing laws and party rules, are likely to be voted for at any future primary or election.
21-2-368. (a) Any person or organization owning, manufacturing, or selling, or being interested in the manufacture or sale of, any optical scanning voting system may request the Secretary of State to examine the optical scanning voting system. Any ten or more electors of this state may, at any time, request the Secretary of State to reexamine any optical scanning voting system previously examined and approved by him or her. Before any such examination or reexamination, the person, persons, or organization requesting such examination or reexamination shall pay to the Secretary of State the reasonable expenses of such examination. The Secretary of State may, at any time, in his or her discretion, reexamine any optical scanning voting system. (b) The Secretary of State shall thereupon examine or reexamine such optical scanning voting system and shall make and file in his or her office a report, attested by his or her signature and the seal of his or her office, stating whether, in his or her opinion, the kind of optical scanning voting system so examined can be safely used by electors at primaries and elections as provided in this chapter. If this report states that the optical scanning voting system can be so used, the optical scanning voting system shall be deemed approved; and optical scanning voting systems of its kind may be adopted for use at primaries and elections as provided in this chapter. (c) No kind of optical scanning voting system not so approved shall be used at any primary or election and if, upon the reexamination of any optical scanning voting system previously approved, it shall appear that the optical scanning voting system so reexamined can no longer be safely used by electors at primaries or elections as provided in

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this chapter, the approval of the same shall immediately be revoked by the Secretary of State; and no such optical scanning voting system shall thereafter be purchased for use or be used in this state. Every county or municipality which has previously purchased an optical scanning voting system shall submit such system to the Secretary of State for examination not later than January 1, 1999. (d) When an optical scanning voting system has been so approved, no improvement or change that does not impair its accuracy, efficiency, or capacity shall render necessary a reexamination or reapproval of the optical scanning voting system, or of its kind. (e) Neither the Secretary of State, nor any custodian, nor the governing authority of any county or a member of such authority nor any other person involved in the examination process shall have any pecuniary interest in any optical scanning voting system or in the manufacture or sale thereof.
21-2-369. (a) The ballot labels shall be printed in black ink upon clear, white, or colored material, of such size and arrangement as will suit the construction of the optical scanner, and in plain, clear type so as to be easily readable by persons with normal vision; provided, however, that red material shall not be used. (b) The arrangement of offices, names of candidates, and questions upon the ballots shall conform as nearly as practicable to this chapter for the arrangement of same on paper ballots; provided, however, that such form may be varied in order to present a clear presentation of candidates and questions to the electors. (c) The form and arrangement of ballots shall be prescribed by the Secretary of State and prepared by the superintendent.
21-2-370. In primaries, separate optical scanners shall be used for each political party.
21-2-371. (a) If ballot labels for a precinct at which an optical scanning voting system is to be used shall not be delivered to the poll officers as required by this chapter, the chief manager of such precinct shall cause other labels to be prepared, printed, or written, as nearly in the form of official ballot labels as practicable; and the poll officers shall cause the labels, so substituted, to be used at the primary or election, in the same manner, as nearly as may be, as the official labels. Such labels, so substituted, shall be known as unofficial ballot labels. (b) If any optical scanning voting system being used in any primary or election shall become out of order during such primary or election, it shall, if possible, be repaired or another optical scanning voting system substituted by the custodian or superintendent as promptly as possible, for which purpose the governing authority of the county may purchase as many extra optical scanning voting systems as it may deem necessary; but, in case such repair or substitution cannot be made, paper ballots, printed or written, and of any suitable form, may be used for the taking of votes.
21-2-372. Ballot cards shall be of suitable design, size, and stock to permit processing by a tabulating machine and shall be printed in black ink on clear, white, or colored material. A serially numbered strip shall be attached to each ballot card in a manner and form similar to that prescribed in this chapter for paper ballots.
21-2-373. In elections, electors shall be permitted to cast write-in votes. The design of the ballot card shall permit the managers, in counting the write-in votes, to determine readily whether an elector has cast any write-in vote not authorized by law. The Secretary of State, in specifying the form of the ballot, and the State Election Board, in promulgating rules and regulations respecting the conduct of elections, shall provide for ballot secrecy in connection with write-in votes.
21-2-374.

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(a) The superintendent of each county shall cause the proper ballot labels to be placed on each set of optical scanning voting equipment which is to be used in any precinct within such county and shall cause each set of optical scanning voting equipment to be placed in proper order for voting. (b) The superintendent shall appoint one custodian of optical scanning voting systems and such deputy custodians as may be necessary, whose duty it shall be to prepare the optical scanning voting systems to be used in the county at the primaries and elections to be held therein. Each custodian and deputy custodian shall receive from the county such compensation as shall be fixed by the governing authority of the county. Such custodian shall, under the direction of the superintendent, have charge of and represent the superintendent during the preparation of the optical scanning voting systems as required by this chapter, and he or she and the deputy custodians, whose duty it shall be to assist him or her in the discharge of his or her duties, shall serve at the pleasure of the superintendent. Each custodian shall take an oath of office framed by the Secretary of State, which shall be filed with the superintendent. (c) On or before the third day preceding a primary or election, the superintendent shall have the optical scanners tested to ascertain that they will correctly count the votes cast for all offices and on all questions. Public notice of the time and place of the test shall be made at least five days prior thereto. Representatives of political parties and bodies, candidates, news media, and the public shall be permitted to observe such tests. The test shall be conducted by processing a preaudited group of ballot cards so marked as to record a predetermined number of valid votes for each candidate and on each question and shall include for each office one or more ballot cards which have votes in excess of the number allowed by law in order to test the ability of the optical scanner to reject such votes. The optical scanner shall not be approved unless it produces an errorless count. If any error is detected, the cause therefor shall be ascertained and corrected; and an errorless count shall be made before the scanner is approved. The same test shall be repeated immediately before the start of the official count of the ballot cards and at the conclusion of such count. The superintendent or custodian shall also prepare the optical scanning voting equipment for voting at the various polling places to be used in the primary or election. In preparing the optical scanning voting equipment, he or she shall arrange the optical scanning voting equipment and the ballot labels so that they meet all requirements of voting and counting at such primary or election, thoroughly inspect and test the optical scanning voting equipment, and file a certificate in the office of the superintendent that the equipment is in proper order with correct ballot labels. (d) No superintendent, nor custodian, nor other employee of the superintendent shall in any way prevent free access to and examination of all optical scanning voting equipment which is to be used at the primary or election, by any interested persons. (e) In every primary or election, the superintendent shall furnish, at the expense of the county, all ballot labels, forms of certificates, and other papers and supplies required under this chapter and which are not furnished by the Secretary of State, all of which shall be in the form and according to the specifications prescribed, from time to time, by the Secretary of State.
21-2-375. (a) The superintendent shall deliver the proper optical scanning voting equipment, properly furnished, to the polling places at least one hour before the time set for opening the polls at each primary or election and shall cause each to be set up in the proper manner for use in voting. The superintendent shall place each set of optical scanning voting equipment in a voting booth so that the ballot labels on the equipment can be plainly seen by the poll officers when not being voted on. (b) The superintendent shall provide ample protection against molestation of and injury to the optical scanning voting equipment and, for that purpose, shall call upon any law enforcement officer to furnish such assistance as may be necessary; and it shall be the duty of the law enforcement officer to furnish such assistance when so requested by the
superintendent. (c) The superintendent shall furnish for each set of optical scanning voting equipment at least one hour before the opening of the polls:

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(1) A lamp which shall give sufficient light to enable electors, while in the voting booth, to read the ballot labels, and which shall be suitable for the use of poll officers in camming the equipment; and the lamp shall be prepared and in good order for use before the opening of the polls; (2) Two sample ballots printed on a single sheet of white paper or a number of sheets stapled together which shall be a reasonable facsimile of the ballot labels as will be in use in the primary or election and accompanied by directions for voting on the optical scanning voting equipment; and such sample ballots shall be posted prominently outside the enclosed space within the polling place; and (3) A seal for sealing the optical scanning voting system after the polls are closed and such other materials and supplies as may be necessary or as may be required by law.
21-2-376. During the 30 days next preceding a general primary or election or during the ten days next preceding a special primary or election, the superintendent shall place on public exhibition, in such public places and at such times as he or she may deem most suitable for the information and instruction of the electors, one or more sets of optical scanning voting equipment. Insofar as practicable, the equipment shall contain the ballot labels and show the offices and questions to be voted upon, the names and arrangements of parties and bodies, and the names and arrangements of the candidates to be voted for. Such equipment shall be under the charge and care of a person competent as custodian and instructor.
21-2-377. (a) The superintendent shall designate a person or persons who shall have the custody of the optical scanning voting systems of the county when they are not in use at a primary or election and shall provide for his or her compensation and for the safe storage and care of the optical scanning voting systems. (b) All optical scanning voting systems, when not in use, shall be properly covered and stored in a suitable place or places.
21-2-378. The governing authority of any county which adopts optical scanning voting systems in the manner provided for by this part shall, upon the purchase of optical scanning voting systems, provide for their payment by the county. Bonds or other evidence of indebtedness may be issued in accordance with the provisions of law relating to the increase of indebtedness of counties to meet all or any part of the cost of the optical scanning voting systems.
21-2-379. If a method of nomination or election for any candidate or office, or of voting on any question is prescribed by law, in which the use of optical scanning voting systems is not possible or practicable, or in case, at any primary or election, the number of candidates seeking nomination or nominated for any office renders the use of optical scanning voting systems for such office at such primary or election impracticable, or if, for any other reason, at any primary or election the use of optical scanning voting systems wholly or in part is not practicable, the superintendent may arrange to have the voting for such candidates or offices or for such questions conducted by paper ballots. In such cases, paper ballots shall be printed for such candidates, offices, or questions, and the primary or election shall be conducted by the poll officers, and the ballots shall be counted and return thereof made in the manner required by law for such nominations, offices, or questions, insofar as paper ballots are used.
Parts
21-2-379.1. No direct electronic recording voting system shall be adopted or used unless it shall, at the time, satisfy the following requirements:
(1) It shall provide facilities for voting for such candidates as may be nominated and upon such questions as may be submitted;

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(2) It shall permit each elector, in one operation, to vote for all the candidates of one party or body for presidential electors; (3) Except as provided in paragraph (2) of this Code section for presidential electors, it shall permit each elector, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination; (4) It shall permit each elector to vote, at any election, for any person and for any office for whom and for which he or she is lawfully entitled to vote, whether or not the name of such person or persons appears as a candidate for election; to vote for as many persons for an office as he or she is entitled to vote for; and to vote for or against any question upon which he or she is entitled to vote; (5) It shall preclude the counting of votes for any candidate or upon any question for whom or upon which an elector is not entitled to vote; shall preclude the counting of votes for more persons for any office than he or she is entitled to vote for; and shall preclude the counting of votes for any candidate for the same office or upon any question more than once; (6) It shall permit voting in absolute secrecy so that no person can see or know for whom any other elector has voted or is voting, save an elector whom he or she has assisted or is assisting in voting, as prescribed by law; (7) It shall be constructed of material of good quality in a neat and workmanlike manner; (8) It shall, when properly operated, record correctly and accurately every vote cast; (9) It shall be so constructed that an elector may readily learn the method of operating it; and (10) It shall be safely transportable.
21-2-379.2. (a) Any person or organization owning, manufacturing, or selling, or being interested in the manufacture or sale of, any direct electronic recording voting system may request the Secretary of State to examine the system. Any ten or more electors of this state may, at any time, request the Secretary of State to reexamine any such system previously examined and approved by him or her. Before any such examination or reexamination, the person, persons, or organization requesting such examination or reexamination shall pay to the Secretary of State the reasonable expenses of such examination. The Secretary of State may, at any time, in his or her discretion, reexamine any such system. (b) The Secretary of State shall thereupon examine or reexamine such direct electronic recording voting system and shall make and file in his or her office a report, attested by his or her signature and the seal of his or her office, stating whether, in his or her opinion, the kind of system so examined can be safely used by electors at primaries and elections as provided in this chapter. If this report states that the system can be so used, the system shall be deemed approved; and systems of its kind may be adopted for use at primaries and elections as provided in this chapter. (c) No kind of direct electronic recording voting system not so approved shall be used at any primary or election and if, upon the reexamination of any such system previously approved, it shall appear that the system so reexamined can no longer be safely used by electors at primaries or elections as provided in this chapter, the approval of the same shall immediately be revoked by the Secretary of State; and no such system shall thereafter be purchased for use or be used in this state. (d) When a direct electronic recording voting system has been so approved, no improvement or change that does not impair its accuracy, efficiency, or capacity shall render necessary a reexamination or reapproval of such system, or of its kind. (e) Neither the Secretary of State, nor any custodian, nor the governing authority of any county or a member of such authority nor any other person involved in the examination process shall have any pecuniary interest in any direct electronic recording voting system or in the manufacture or sale thereof.
21-2-379.3.

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The governing authority of any county which adopts direct electronic recording voting systems in the manner provided for by this part shall, upon the purchase of direct electronic recording voting systems, provide for their payment by the county. Bonds or other evidence of indebtedness may be issued in accordance with the provisions of law relating to the increase of indebtedness of counties to meet all or any part of the cost of the direct electronic recording voting systems.
21-2-379.4. The governing authority of any county may at any regular meeting or at a special meeting called for the purpose, by a majority vote, authorize and direct the purchase of direct electronic recording voting systems for recording and computing the vote at elections held in the county; and thereupon the governing authority shall purchase, lease, rent, or otherwise procure direct electronic recording voting systems conforming to the requirements of this part."
SECTION 4. 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:
"PartS
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 provided 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 written 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 candidate 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.

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(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 constitutional amendments so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State. Unless otherwise provided by law, any other state-wide questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State; and any local questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent. 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. 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 electors shall be prepared sufficiently in advance by the superintendent and shall be delivered 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 following: '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 ballot 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.

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The superintendent shall cause to be placed one copy of the recap form and the defective, spoiled, and invalid ballots, each enclosed in an envelope, in the ballot supply container. (e) For any election for which there is a qualified write-in candidate, the feature on precinct 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 reevaluation 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 optical 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 designated 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.

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(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 certify 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 5. Said title is further amended by inserting after Part 3 of Article 9 of Chapter 3 thereof new Parts 4 and 5 to read as follows:
"Part 4
21-3-265. No optical scanning voting system shall be adopted or used unless it shall, at the tune, satisfy the following requirements:
(1) It shall provide facilities for voting for such candidates as may be nominated and upon such questions as may be submitted; (2) It shall permit each elector, in one operation per ballot card, to vote for all the candidates of one party or body for presidential electors; (3) Except as provided in paragraph (2) of this Code section for presidential electors, it shall permit each elector, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination; (4) It shall permit each elector to vote, at any election, for any person and for any office for whom and for which he or she is lawfully entitled to vote, whether or not the name of such person or persons appears upon a ballot label as a candidate for election; to vote for as many persons for an office as he or she is entitled to vote for; and to vote for or against any question upon which he or she is entitled to vote; (5) When used in conjunction with a tabulating machine, it shall preclude the counting of votes for any candidate or upon any question for whom or upon which an elector is not entitled to vote; shall preclude the counting of votes for more persons for any office than he or she is entitled to vote for; and shall preclude the counting of votes for any candidate for the same office or upon any question more than once; (6) It shall permit voting in absolute secrecy so that no person can see or know for whom any other elector has voted or is voting, save an elector whom he or she has assisted or is assisting in voting, as prescribed by law; (7) It shall be constructed of material of good quality in a neat and workmanlike manner; (8) It shall, when properly operated, record correctly and accurately every vote cast; (9) It shall be so constructed that an elector may readily learn the method of operating it; and (10) It shall be safely transportable.
21-3-266. The governing authority of any municipality may at any regular meeting or at a special meeting called for the purpose, by a majority vote, authorize and direct the use of optical scanning voting systems for recording and computing the vote at elections held in the municipality; and thereupon the governing authority shall purchase, lease, rent, or otherwise procure optical scanning voting systems conforming to the requirements of this part.

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21-3-267. (a) When the use of optical scanning voting systems has been authorized in the manner prescribed in this part, such optical scanning voting systems shall be installed, either simultaneously or gradually, within the municipality. Upon the installation of optical scanning voting systems in any precinct, the use of paper ballots or other voting machines or apparatus therein shall be discontinued, except as otherwise provided by this chapter. (b) In each precinct in which optical scanning voting systems are used, the governing authority shall provide at least one such system for each 200 electors therein, or fraction thereof. (c) Optical scanning voting systems of different kinds may be used for different precincts hi the same municipality. (d) The governing authority shall provide optical scanning voting systems in good working order and of sufficient capacity to accommodate the names of a reasonable number of candidates for all party offices and nominations and public offices which, under the provisions of existing laws and party rules, are likely to be voted for at any future primary or election.
21-3-268. (a) Any person or organization owning, manufacturing, or selling, or being interested in the manufacture or sale of, any optical scanning voting system may request the Secretary of State to examine the optical scanning voting system. Any ten or more electors of this state may, at any time, request the Secretary of State to reexamine any optical scanning voting system previously examined and approved by him or her. Before any such examination or reexamination, the person, persons, or organization requesting such examination or reexamination shall pay to the Secretary of State the reasonable expenses of such examination. The Secretary of State may, at any time, in his or her discretion, reexamine any optical scanning voting system. (b) The Secretary of State shall thereupon examine or reexamine such optical scanning voting system and shall make and file in his or her office a report, attested by his or her signature and the seal of his or her office, stating whether, in his or her opinion, the kind of optical scanning voting system so examined can be safely used by electors at primaries and elections as provided in this chapter. If this report states that the optical scanning voting system can be so used, the optical scanning voting system shall be deemed approved; and optical scanning voting systems of its kind may be adopted for use at primaries and elections as provided in this chapter. (c) No kind of optical scanning voting system not so approved shall be used at any primary or election and if, upon the reexamination of any optical scanning voting system previously approved, it shall appear that the optical scanning voting system so reexamined can no longer be safely used by electors at primaries or elections as provided in this chapter, the approval of the same shall immediately be revoked by the Secretary of State; and no such optical scanning voting system shall thereafter be purchased for use or be used in this state. Every municipality which has previously purchased an optical scanning voting system shall submit such system to the Secretary of State for examination not later than January 1, 1999. (d) When an optical scanning voting system has been so approved, no improvement or change that does not impair its accuracy, efficiency, or capacity shall render necessary a reexamination or reapproval of the optical scanning voting system, or of its kind. (e) Neither the Secretary of State, nor any custodian, nor the governing authority of any municipality or a member of such authority nor any other person involved in the examination process shall have any pecuniary interest in any optical scanning voting system or in the manufacture or sale thereof.
21-3-269. (a) The ballot labels shall be printed in black ink upon clear, white, or colored material, of such size and arrangement as will suit the construction of the optical scanner, and in plain, clear type so as to be easily readable by persons with normal vision; provided, however, that red material shall not be used.

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(b) The arrangement of offices, names of candidates, and questions upon the ballots shall conform as nearly as practicable to this chapter for the arrangement of same on paper ballots; provided, however, that such form may be varied in order to present a clear presentation of candidates and questions to the electors. (c) The form and arrangement of ballots shall be prescribed by the Secretary of State and prepared by the superintendent.
21-3-270. In primaries, separate optical scanners shall be used for each political party.
21-3-271. (a) If ballot labels for a precinct at which an optical scanning voting system is to be used shall not be delivered to the poll officers as required by this chapter, the chief manager of such precinct shall cause other labels to be prepared, printed, or written, as nearly in the form of official ballot labels as practicable; and the poll officers shall cause the labels, so substituted, to be used at the primary or election, in the same manner, as nearly as may be, as the official labels. Such labels, so substituted, shall be known as unofficial ballot labels. (b) If any optical scanning voting system being used in any primary or election shall become out of order during such primary or election, it shall, if possible, be repaired or another optical scanning voting system substituted by the custodian or superintendent as promptly as possible, for which purpose the governing authority of the municipality may purchase as many extra optical scanning voting systems as it may deem necessary; but, in case such repair or substitution cannot be made, paper ballots, printed or written, and of any suitable form, may be used for the taking of votes.
21-3-272. Ballot cards shall be of suitable design, size, and stock to permit processing by a tabulating machine and shall be printed in black ink on clear, white, or colored material. A serially numbered strip shall be attached to each ballot card in a manner and form similar to that prescribed in this chapter for paper ballots.
21-3-273. In elections, electors shall be permitted to cast write-in votes. The design of the ballot card shall permit the managers, in counting the write-in votes, to determine readily whether an elector has cast any write-in vote not authorized by law. The Secretary of State, in specifying the form of the ballot, and the State Election Board, in promulgating rules and regulations respecting the conduct of elections, shall provide for ballot secrecy in connection with write-in votes.
21-3-274. (a) The superintendent of each municipality shall cause the proper ballot labels to be placed on each set of optical scanning voting equipment which is to be used in any precinct within such municipality and shall cause each set of optical scanning voting equipment to be placed in proper order for voting. (b) The superintendent shall appoint one custodian of optical scanning voting systems and such deputy custodians as may be necessary, whose duty it shall be to prepare the optical scanning voting systems to be used in the municipality at the primaries and elections to be held therein. Each custodian and deputy custodian shall receive from the municipality such compensation as shall be fixed by the governing authority of the municipality. Such custodian shall, under the direction of the superintendent, have charge of and represent the superintendent during the preparation of the optical scanning voting systems as required by this chapter, and he or she and the deputy custodians, whose duty it shall be to assist him or her in the discharge of his or her duties, shall serve at the pleasure of the superintendent. Each custodian shall take an oath of office framed by the Secretary of State, which shall be filed with the superintendent. (c) On or before the third day preceding a primary or election, the superintendent shall have the optical scanners tested to ascertain that they will correctly count the votes cast for all offices and on all questions. Public notice of the time and place of the test shall

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be made at least five days prior thereto. Representatives of political parties and bodies, candidates, news media, and the public shall be permitted to observe such tests. The test shall be conducted by processing a preaudited group of ballot cards so marked as to record a predetermined number of valid votes for each candidate and on each question and shall include for each office one or more ballot cards which have votes in excess of the number allowed by law in order to test the ability of the optical scanner to reject such votes. The optical scanner shall not be approved unless it produces an errorless count. If any error is detected, the cause therefor shall be ascertained and corrected; and an errorless count shall be made before the scanner is approved. The same test shall be repeated immediately before the start of the official count of the ballot cards and at the conclusion of such count. The superintendent or custodian shall also prepare the optical scanning voting equipment for voting at the various polling places to be used in the primary or election. In preparing the optical scanning voting equipment, he or she shall arrange the optical scanning voting equipment and the ballot labels so that they meet all requirements of voting and counting at such primary or election, thoroughly inspect and test the optical scanning voting equipment, and file a certificate in the office of the superintendent that the equipment is in proper order with correct ballot labels. (d) No superintendent, nor custodian, nor other employee of the superintendent shall in any way prevent free access to and examination of all optical scanning voting equipment which is to be used at the primary or election, by any interested persons. (e) In every primary or election, the superintendent shall furnish, at the expense of the municipality, all ballot labels, forms of certificates, and other papers and supplies required under this chapter and which are not furnished by the Secretary of State, all of which shall be in the form and according to the specifications prescribed, from time to tune, by the Secretary of State.
21-3-275. (a) The superintendent shall deliver the proper optical scanning voting equipment, properly furnished, to the polling places at least one hour before the time set for opening the polls at each primary or election and shall cause each to be set up in the proper manner for use in voting. The superintendent shall place each set of optical scanning voting equipment in a voting booth so that the ballot labels on the equipment can be plainly seen by the poll officers when not being voted on. (b) The superintendent shall provide ample protection against molestation of and injury to the optical scanning voting equipment and, for that purpose, shall call upon any law enforcement officer to furnish such assistance as may be necessary; and it shall be the duty of the law enforcement officer to furnish such assistance when so requested by the superintendent. (c) The superintendent shall furnish for each set of optical scanning voting equipment at least one hour before the opening of the polls:
(1) A lamp which shall give sufficient light to enable electors, while in the voting booth, to read the ballot labels, and which shall be suitable for the use of poll officers in examining the equipment; and the lamp shall be prepared and in good order for use before the opening of the polls; (2) Two sample ballots printed on a single sheet of white paper or a number of sheets stapled together which shall be a reasonable facsimile of the ballot labels as will be in use hi the primary or election and accompanied by directions for voting on the optical scanning voting equipment; and such sample ballots shall be posted prominently outside the enclosed space within the polling place; and (3) A seal for sealing the optical scanning voting system after the polls are closed and such other materials and supplies as may be necessary or as may be required by law.
21-3-276. During the 30 days next preceding a general primary or election or during the ten days next preceding a special primary or election, the superintendent shall place on public exhibition, in such public places and at such times as he or she may deem most suitable for the information and instruction of the electors, one or more sets of optical scanning voting equipment. Insofar as practicable, the equipment shall contain the ballot labels

MONDAY, MARCH 9, 1998

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and show the offices and questions to be voted upon, the names and arrangements of parties and bodies, and the names and arrangements of the candidates to be voted for. Such equipment shall be under the charge and care of a person competent as custodian and instructor.
21-3-277. (a) The superintendent shall designate a person or persons who shall have the custody of the optical scanning voting systems of the municipality when they are not in use at a primary or election and shall provide for his or her compensation and for the safe storage and care of the optical scanning voting systems. (b) All optical scanning voting systems, when not in use, shall be properly covered and stored in a suitable place or places.
21-3-278. The governing authority of any municipality which adopts optical scanning voting systems in the manner provided for by this part shall, upon the purchase of optical scanning voting systems, provide for their payment by the municipality. Bonds or other evidence of indebtedness may be issued in accordance with the provisions of law relating to the increase of indebtedness of counties to meet all or any part of the cost of the optical scanning voting systems.
21-3-279. If a method of nomination or election for any candidate or office, or of voting on any question is prescribed by law, in which the use of optical scanning voting systems is not possible or practicable, or in case, at any primary or election, the number of candidates seeking nomination or nominated for any office renders the use of optical scanning voting systems for such office at such primary or election impracticable, or if, for any other reason, at any primary or election the use of optical scanning voting systems wholly or in part is not practicable, the superintendent may arrange to have the voting for such candidates or offices or for such questions conducted by paper ballots. In such cases, paper ballots shall be printed for such candidates, offices, or questions, and the primary or election shall be conducted by the poll officers, and the ballots shall be counted and return thereof made in the manner required by law for such nominations, offices, or questions, insofar as paper ballots are used.
Parts
21-3-279.1. No direct electronic recording voting system shall be adopted or used unless it shall, at the time, satisfy the following requirements:
(1) It shall provide facilities for voting for such candidates as may be nominated and upon such questions as may be submitted; (2) It shall permit each elector, in one operation, to vote for all the candidates of one party or body for presidential electors; (3) Except as provided in paragraph (2) of this Code section for presidential electors, it shall permit each elector, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination; (4) It shall permit each elector to vote, at any election, for any person and for any office for whom and for which he or she is lawfully entitled to vote, whether or not the name of such person or persons appears as a candidate for election; to vote for as many persons for an office as he or she is entitled to vote for; and to vote for or against any question upon which he or she is entitled to vote; (5) It shall preclude the counting of votes for any candidate or upon any question for whom or upon which an elector is not entitled to vote; shall preclude the counting of votes for more persons for any office than he or she is entitled to vote for; and shall preclude the counting of votes for any candidate for the same office or upon any question more than once;

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(6) It shall permit voting in absolute secrecy so that no person can see or know for whom any other elector has voted or is voting, save an elector whom he or she has assisted or is assisting in voting, as prescribed by law; (7) It shall be constructed of material of good quality in a neat and workmanlike manner; (8) It shall, when properly operated, record correctly and accurately every vote cast; (9) It shall be so constructed that an elector may readily learn the method of operating it; and (10) It shall be safely transportable.
21-3-279.2. (a) Any person or organization owning, manufacturing, or selling, or being interested in the manufacture or sale of, any direct electronic recording voting system may request the Secretary of State to examine the system. Any ten or more electors of this state may, at any time, request the Secretary of State to reexamine any such system previously examined and approved by him or her. Before any such examination or reexamination, the person, persons, or organization requesting such examination or reexamination shall pay to the Secretary of State the reasonable expenses of such examination. The Secretary of State may, at any time, in his or her discretion, reexamine any such system. (b) The Secretary of State shall thereupon examine or reexamine such direct electronic recording voting system and shall make and file in his or her office a report, attested by his or her signature and the seal of his or her office, stating whether, in his or her opinion, the kind of system so examined can be safely used by electors at primaries and elections as provided in this chapter. If this report states that the system can be so used, the system shall be deemed approved; and systems of its kind may be adopted for use at primaries and elections as provided in this chapter. (c) No kind of direct electronic recording voting system not so approved shall be used at any primary or election and if, upon the reexamination of any such system previously approved, it shall appear that the system so reexamined can no longer be safely used by electors at primaries or elections as provided in this chapter, the approval of the same shall immediately be revoked by the Secretary of State; and no such system shall thereafter be purchased for use or be used in this state. (d) When a direct electronic recording voting system has been so approved, no improvement or change that does not impair its accuracy, efficiency, or capacity shall render necessary a reexamination or reapproval of such system, or of its kind. (e) Neither the Secretary of State, nor any custodian, nor the governing authority of any municipality or a member of such authority nor any other person involved in the examination process shall have any pecuniary interest in any direct electronic recording voting system or in the manufacture or sale thereof.
21-3-279.3. The governing authority of any municipality which adopts direct electronic recording voting systems in the manner provided for by this part shall, upon the purchase of direct electronic recording voting systems, provide for their payment by the municipality. Bonds or other evidence of indebtedness may be issued in accordance with the provisions of law relating to the increase of indebtedness of municipalities to meet all or any part of the cost of the direct electronic recording voting systems.
21-3-279.4. The governing authority of any municipality may at any regular meeting or at a special meeting called for the purpose, by a majority vote, authorize and direct the purchase of direct electronic recording voting systems for recording and computing the vote at elections held in the municipality; and thereupon the governing authority shall purchase, lease, rent, or otherwise procure direct electronic recording voting systems conforming to the requirements of this part."
SECTION 6. 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 inserting in lieu thereof a new paragraph (15) to read as follows:

MONDAY, MARCH 9, 1998

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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 7. 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 8. 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 writein space provided 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 written 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 candidate 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

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upon the ballot below the groups of candidates for the various offices. Proposed constitutional amendments so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State. Unless otherwise provided by law, any other state-wide questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State; and any local questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent. 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 electors shall be prepared sufficiently in advance by the superintendent and shall be delivered 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 following: '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 ballot 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 defective, spoiled, and invalid ballots, each enclosed in an envelope, in the ballot supply container.

MONDAY, MARCH 9, 1998

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(e) For any election for which there is a qualified write-in candidate, the feature on precinct 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 reevaluation 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 optical 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 designated 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

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(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, hi computing the votes cast at any election, shall compute and certify 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 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

Representative Holmes of the 53rd moved that the House disagree to the Senate substitute to HB 1268.
The motion prevailed.

The following Resolution of the House was read and adopted:

HR 1261. By Representatives Porter of the 143rd, Taylor of the 134th, Hugley of the 133rd, Purcell of the 147th, Smith of the 175th and others:
A resolution commending Glenn Ann O'Neal.

Representative Pelote of the 149th 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.

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

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 630 Do Pass
Respectfully submitted, /a/ Holmes of the 53rd
Chairman

Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:

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1711

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 1840 Do Pass SB 36 Do Pass, by Substitute
SB 39 Do Pass, by Substitute SB 183 Do Pass

SB 402 Do Pass SB 523 Do Pass, by Substitute
SB 660 Do Pass, by Substitute SB 677 Do Pass

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

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, March 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:

Andersen Ashe Bailey Bannister Barfoot Barnard
Bates Benefield Birdsong Bohannon
Bradford Breedlove Bridges Brooks Brown Buck Buckner Bunn Burkhalter Byrd Campbell Cash Childera Clark Coan Coleman, B
ConneU

Crews Culbreth CunmiingB Davis, M Dixon Ehrhart Epps Evans Everett Felton Floyd Franklin Golden Graves
Hammontree
Manner
Harbin
Heard
Hecht
Heckstall
Hegstrom
Holland
Houston
Howard
Hudgens
Hudson, N

Hugley Jackson James Jenkins Johnson Johnston Joyce Kaye Ladd Lakly Lane Lee Lewis Lord Mann
E Martin, J.L
Massey
McBee
McClinton
McKinney
Mosley
Mueller
O'Neal
Parsons
Pelote
Perry

Pinholster Poag Polak Ponder Purcell Ragas Ray Reichert Rice Richardson Roberts Rogers Royal Sanders
Sauder Scarlett
Scott
Shanahan
Shaw
Shipp
Sims
Sinkfield
Smith, C
Smith, C.W
Smith, L.R
Smith, P

Smith, T Smith, V SneUing Snow S tailings Stancil, F Stand!, S Stephens Taylor Teper Tillman Titus Tolbert Trense
Turaquest
Walker, L
Walker, R.L
West
Westmoreland
Whitaker
Wiles
Williams, B
Williams, R
Worthan
Yates
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives DeLoach of the 119th, Thomas of the 148th, Irvin of the 45th, Crawford of the 129th, Sherrill of the 62nd, Watson of the 70th, Manning of the 32nd, Parham of the 122nd, Lucas of the 124th, Jamieson of the 22nd, Davis of the 48th, Day of the 153rd, Greene of the 158th, Barnes of the 33rd, Randall of the 127th, Stanley of the 49th, Skipper of the 137th, DeLoach of the 172nd, Powell of the 23rd, McCall of the 90th, Grindley of the 35th, Porter of the 143rd, Parrish of the 144th, Henson of the 65th, Bordeaux of the 151st, Williams of the 83rd, Smyre of the 136th, Alien of the 117th, Dobbs of the 92nd, Cooper of the 31st, Jones of the 71st, Dix of the 76th, Hudson of the 120th, Mills of the 21st, Stanley of the 50th, Teague of the 58th, Canty of the 52nd, Orrock of the 56th, Scheid of the 17th, Reaves of the 178th, Channell of the lllth, Twiggs of the 8th, Martin of the 47th and Holmes of the 53rd.
They wish to be recorded as present.

Prayer was offered by Dr. Charles Carter, Pastor, Jonesboro First Baptist 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.

TUESDAY, MARCH 10, 1998

1713

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the fust 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 tune and referred to the committees:

HB 1895. By Representative Hudgens of the 24th:
A bill to amend an Act creating a board of commissioners of Madison County, so as to change certain provisions relating to the compensation of the members of the board other than the chairperson.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1896. By Representative Scott of the 165th:
A bill to amend an Act creating a new charter for the City of Norman Park, so as to provide for four-year terms of office for the mayor and councilmembers.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1897. By Representatives Purcell of the 147th and Barnard of the 154th:
A bill to amend an Act placing the judge of the Probate Court of Bryan County, formerly the ordinary, on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the judge of the probate court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1898. By Representatives McKinney of the 51st and Ashe of the 46th: A bill to create the Atlanta Water and Sewer Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1899. By Representative Parsons of the 40th:
A bill to amend Chapter 21 of Title 50 of the Official Code of Georgia Annotated, relating to waiver of sovereign immunity and state tort claims, so as to provide for definitions; to provide that no cause of action shall be brought under certain laws or against certain persons or entities on the basis that a computer or other information system produced, calculated, or generated an incorrect date, regardless of the cause of the error.
Referred to the Committee on Judiciary.

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HB 1900. By Representatives Scheid of the 17th, Pinholster of the 15th and Stancil of the 16th:
A bill to amend an Act re-creating the reincorporating the City of Woodstock, so as to provide for the election of the mayor and councilmembers; to add a sixth ward and councilmember.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1902. By Representatives Twiggs of the 8th and Bridges of the 9th:
A bill to provide for an advisory referendum election to be held in White County for the purpose of determining whether the White County Board of Commissioners should adopt comprehensive land use regulations for unincorporated areas declarations.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1903. By Representatives Hegstrom of the 66th, Sherrill of the 62nd, Snow of the 2nd and Holmes of the 53rd:
A bill to amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to metropolitan area planning and development commissions, so as to change the membership of such commissions.
Referred to the Committee on State Planning & Community Affairs.

HB 1904. By Representative Channell of the lllth:
A bill to amend an Act creating the Board of Commissioners of Greene County, so as to change provisions relating to when a person elected to fill a vacancy takes office; to provide for a county manager and authorize the board to delegate administrative duties, powers, and responsibilities to such official.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1905. By Representatives Clark of the 3rd and Snow of the 2nd:
A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to change the provisions relating to the compensation of the members of said board; to authorize the members of said board to participate in the retirement plan currently available to employees of the Catoosa Utility District.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1906. By Representatives Shipp of the 38th, Sauder of the 29th, Parsons of the 40th, Manning of the 32nd, Cooper of the 31st and others:
A bill to amend an Act changing the boundaries of the seven education districts of the Cobb County School District, so as to change the boundaries of the seven education districts for the election of members of the Board of Education of Cobb County.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, MARCH 10, 1998

1715

HB 1907. By Representative Franklin of the 39th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide immunity to physicians properly implanting medical devices approved by the federal Food and Drug Administration.
Referred to the Committee on Judiciary.

HB 1908. By Representatives Coleman of the 142nd, Barfoot of the 155th and Byrd of the 170th:
A bill to create the Telfair-Wheeler Airport Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1909. By Representative Jenkins of the 110th:
A bill to amend an Act providing a new charter for the City of Monticello, so as to change the corporate limits of the City of Monticello.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1910. By Representative Westmoreland of the 104th:
A bill to provide for an advisory referendum election to be held in the Town of Tyrone for the purpose of ascertaining the type of government for said town desired by the people of said town.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1911. By Representatives Worthan of the 98th and Snelling of the 99th:
A bill to amend an Act providing a new charter for the City of Lithia Springs, so as to deannex certain property from the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1912. By Representative Joyce of the 1st:
A bill to provide a homestead exemption from Dade County ad valorem taxes for county purposes for the full value of the homestead for certain residents of that county who have annual incomes not exceeding $15,000.00 and who are 70 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1913. By Representative Smith of the 19th:
A bill to create a board of elections and registration for Dawson County and provide for its powers and duties.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1914. By Representatives Epps of the 131st and Smith of the 102nd:
A bill to provide that the judge of the Probate Court of Meriwether County shall also serve as the chief magistrate of the Magistrate Court of Meriwether County.
Referred to the Committee on State Planning & Community Affairs - Local.

1716

JOURNAL OF THE HOUSE,

HB 1915. By Representatives Harbin of the 113th, Williams of the 114th and Jackson of the 112th:
A bill to provide for the compensation, expenses, and benefits of the coroner of Columbia County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1916. By Representatives Dixon of the 168th and Smith of the 169th:
A bill to provide a homestead exemption from Ware 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 $24,000.00 and who are 62 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1917. By Representatives Dixon of the 168th and Smith of the 169th:
A bill to provide a homestead exemption from Ware County ad valorem taxes for county purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that county who have annual incomes not exceeding $24,000.00 and who are 62 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1918. By Representatives Dixon of the 168th and Smith of the 169th:
A bill to provide a homestead exemption from certain City of Waycross ad valorem taxes for city purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that city who are 62 years of age or older and whose income together with the income of the spouse and all members of the family who reside at the homestead of such resident does not exceed $24,000.00 per annum.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1919. By Representatives Snow of the 2nd and Clark of the 3rd:
A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to change certain provisions regarding the powers, duties, and area of operation of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1920. By Representatives Snow of the 2nd, Joyce of the 1st and Perry of the llth:
A bill to provide a homestead exemption from Walker County ad valorem taxes for county purposes for the full value of the homestead for certain residents of that county who have annual incomes not exceeding $15,000.00 and who are 70 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1921. By Representatives Snow of the 2nd, Joyce of the 1st and Perry of the llth:
A bill to provide a homestead exemption from certain City of Chickamauga independent school district ad valorem taxes for educational purposes for the full value of the homestead for certain residents of that independent school district who are 75 years of age or older and whose annual income does not exceed $15,000.00.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, MARCH 10, 1998

1717

HB 1922. By Representatives Snow of the 2nd, Joyce of the 1st and Perry of the llth:
A bill to provide a homestead exemption from Walker County School District ad valorem taxes for educational purposes for the full value of the homestead for certain residents of that school district who have annual incomes not exceeding $15,000.00 and who are 75 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1923. By Representative Smith of the 169th: A bill to create the State Court of Bacon County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1924. By Representatives Williams of the 83rd, Dix of the 76th, Coan of the 82nd, Mills of the 21st, Crews of the 78th and others:
A bill to provide that no public funds of Gwinnett County, the Gwinnett County Board of Health, or any department or agency of Gwinnett County nor any funds received by any organization or entity from or through Gwinnett County, the Gwinnett County Board of Health, or any department or agency of Gwinnett County shall be used or expended to provide a medical examination.
Referred to the Committee on State Planning & Community Affairs - Local.

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

HR 1265. By Representatives Hegstrom of the 66th, Polak of the 67th, McClinton of the 68th, Sherrill of the 62nd, Mobley of the 69th and others:
A resolution to create the House Study Committee on a Pilot Project Family Court for DeKalb County.
Referred to the Committee on Rules.

HR 1266. By Representatives Hegstrom of the 66th, Mobley of the 69th, McClinton of the 68th, Polak of the 67th, Teper of the 61st and others:
A resolution to create the House Study Committee on the Organization, Authority, and Functions of the Atlanta Regional Commission.
Referred to the Committee on Rules.

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

HB 1875 HB 1876 HB 1877 HB 1878
rlD lO 13
HB 1880 HB 1881 HB 1882
HB 1883
HB 1884

HB 1885 HB 1886 HB 1887 HB 1888
TJTJ 1 QQQ
na HB 1891 HB 1892 HB 1893

1718

JOURNAL OF THE HOUSE,

HB 1894 HB 1901

HR 1251 HR 1252

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

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bills and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 30 Do Pass, by Substitute SB 521 Do Pass, by Substitute SR 529 Do Pass, by Substitute
Respectfully submitted, /s/ Royal of the 164th
Chairman

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

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had
under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1863 Do Pass HB 1873 Do Pass HB 1874 Do Pass SB 676 Do Pass

SB 685 Do Pass
SB 687 Do Pass SB 695 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 10, 1998
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 35th Legislative Day as enumerated below:
SB 55 Health Ins. - cover diabetes outpatient train., equipment, etc. (Thomas of the 10th)
SB 411 Arrest warrants - electronic, telephonic communications (Burton of the 5th)
SB 421 Juvenile Criminal Records - access, fingerprinting, photographs (Perdue of the 18th)
SB 483 Western Jud Cir Superior Ct Judges - compensation (Brown of the 46th)
SB 526 Health Ins. - when insurer pays directly to provider (Walker of the 22nd)

TUESDAY, MARCH 10, 1998

1719

SB 569 Music Hall of Fame Authority - membership (Dean of the 31st)
SB 592 Workers' Comp. - relating to National Guard & Firemen (Harbison of the 15th)
SR 559 Roadside Enhancement and Beautification Fund - provide (CA) (Gochenour of the 27th)
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 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.

The report 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 1863. By Representative Ponder of the 160th:
A bill to amend an Act incorporating the City of Donalsonville, so as to provide for changes in the boundaries of the city council 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 97, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1873. By Representative Greene of the 158th: A bill to provide a new charter for the City of Fort Gaines.

The report 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 1874.

By Representatives Coleman of the 80th, Breedlove of the 85th, Bannister of the 77th, Crews of the 78th, Rice of the 79th and others:
A bill to change the manner by which vacancies are filled and new members are appointed to the board of the Hospital Authority of Gwinnett County.

1720

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

SB 676. By Senators Cheeks of the 23rd and Gifts 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.

The report 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 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.

The report 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 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.

The report 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 695. By Senator Starr of the 44th:
A bill to amend an Act entitled "An Act to provide a new charter for the City of Lake City" 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 97, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, MARCH 10, 1998

1721

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

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

SB 707. By Senator Ralston of the 51st:
A bill to amend an Act providing a new charter for the City of Ball Ground, as amended, so as to change the corporate limits of the city.

SB 708. By Senators Ray of the 48th, Tysinger of the 41st, Burton of the 5th and others:
A bill to amend an Act to provide an exemption from Gwinnett County School District ad valorem taxes for the full value of the homestead of each resident of the Gwinnett County School District who is 65 years of age or over or who is disabled and who meets certain conditions, terms, and requirements for such exemption.

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.

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.

HB 1809. By Representatives DeLoach of the 172nd, Tillman of the 173rd and Barnard of the 154th:
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.

HB 1810. By Representatives DeLoach of the 172nd, Tillman of the 173rd and Barnard of the 154th:
A bill to amend an Act entitled "An Act creating the office of tax commissioner of Liberty County," so as to change the method of compensating the tax commissioner.

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 acquisitions, dispositions, and awarding of contracts.

1722

JOURNAL OF THE HOUSE,

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

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.

HB 1254. By Representatives Dobbs of the 92nd, Greene of the 158th, Barfoot of the 155th and others:
A bill to amend Code Section 42-5-50 of the Official Code of Georgia Annotated, 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.

HB 1323. By Representatives Martin of the 47th, Alien of the 117th, Hecht of the 97th 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.

HB 1324. By Representative Jamieson of the 22nd:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, 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.

HB 1388. By Representatives Smith of the 169th, Barnes of the 33rd, Mosley of the 171st and others:
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 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.

HB 1444. By Representative DeLoach of the 172nd:
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.

TUESDAY, MARCH 10, 1998

1723

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 Annotated, relating to procedures for the imposition of the special county 1 percent sales and use tax, so as to change the provisions relating to the purposes for which the proceeds of the tax are to be used and may be expended.

HB 1513.

By Representatives Sherrill of the 62nd, Buck of the 135th, Jamieson of the 22nd and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit for certain amounts expended for qualified caregiving expenses.

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 Annotated, relating to license plates promoting the United States Disabled Athletes Fund, so as to change certain provisions relating to annual renewal; to change certain provisions relating to manufacturing costs.

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

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": and for other purposes.

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

HB 1140.

By Representatives Smith of the 109th, Howard of the 118th, Orrock of the 56th and others:
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 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 Senate has passed, by substitute, by the requisite constitutional majority the following bills of the House:

HB 1350.

By Representatives Ray of the 128th, Royal of the 164th, Hudson of the 156th and others:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, so as to provide for an exemption for fruit or nut trees 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..

1724

JOURNAL OF THE HOUSE,

HB 1425.

By Representatives Kaye of the 37th, Powell of the 23rd, Joyce of the 1st 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 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.

The Senate has adopted, by substitute, by the requisite constitutional majority the following resolution of the House:

HR 1067. By Representative Orrock of the 56th:
A resolution authorizing the lease of certain state owned real property located in Fulton County.

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

SB 707. By Senator Ralston of the 51st:
A bill to amend an Act providing a new charter for the City of Ball Ground, as amended, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 708. By Senators Ray of the 48th, Tysinger of the 41st, Burton of the 5th and others:
A bill to amend an Act to provide an exemption from Gwinnett County School District ad valorem taxes for the full value of the homestead of each resident of the Gwinnett County School District who is 65 years of age or over or who is disabled and who meets certain conditions, terms, and requirements for such exemption.
Referred to the Committee on State Planning & Community Affairs - Local.

Representative McKinney of the 51st moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate:

SB 158. By Senators Brown of the 26th, Oliver of the 42nd, Thomas of the 10th and others:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide that certain motor vehicles shall be contraband and shall be forfeited; to provide for seizure and condemnation of such motor vehicles; to provide for practices, procedures, and requirements relative to the seizure, forfeiture, and disposal of such motor vehicles; to provide for exceptions.
On the motion, the roll call was ordered and the vote was as follows:

N Alien NAndenon
Ashe Bailey Bannister N Barfoot

N Barnard Harare
N Bates N Benefield
Birdsong N Bohannon

Bordeaux N Bradford N Breedlove
Bridges Y Brooks N Brown

N Buck Buckner
Y Bunn N Burkhalter N Byrd N Campbell

Canty N Cash
Channel! N Childen N Clark N Coan

TUESDAY, MARCH 10, 1998

1725

N Coleman, B Coleman, T
NConnell N Cooper N Crawford N Crews N Culbreth
NDavis, G YDavis, M NDay N DeLoach, B N DeLoach, G
Dix NDizon
Dobbe N Dukes NEhrhart NEpps
Evans NEverett NFelton
Floyd N Franklin N Golden N Graves NGreene YGrindley
Hammontree Y Banner

N Harbin N Heard
Hecht YHeckstaU NHegstrom
Henson N Holland
Holmes N Houston Y Howard NHudgens N Hudson, H N Hudson, N N Hugley NIrvin N Jackson Y James
Jamieson NJenkins N Johnson N Johnston
Jones Y Joyce NKaye NLadd YLakly NLane
Lee N Lewis NLord

Lucas Maddoi NMann
N Manning
Martin, J E Martin, J.L
NManey NMcBee
McCall
N McCUnton McKinney
N Mills
NMobley NMosley
Mueller O'Neal NOrrock N Parham N Fairish Parsons Pelote N Perry Pinholster
NPoag NPolak
N Ponder N Porter
Powell Purcell YRagas

On the motion, the ayes were 25, nays 102. The motion was lost.

NRandall Ray
Y Reaves Y Reichert NRice N Richardson N Roberts Y Rogers
Royal Y Sanders
Y Sauder Scarlett Scheid
N Scott N Slmn&luui YShaw NSherrill NShipp
Sims Sinkfield N Skipper N Smith, C N Smith, C.W Smith, L N Smith, L.R N Smith, P N Smith, T N Smith, V
Smyre YSnelling

Snow NStafflngs NStancil, F NStancil, S
Stanley, L N Stanley, P N Stephens N Taylor
Teague YTeper N Thomas NTillman Y Titus YTolbert NTrense
Turnquest Twiggs Walker, L Y Walker, R.L N Watson West Y Westmoreland NWbi taker
N Wiles N Williams, B
Williams, J N Williams, R YWorthan YYates
Murphy, Spkr

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

HR 1263.

By Representatives Roberts of the 162nd, Everett of the 163rd and Dukes of the 161st:
A resolution congratulating the Westover High School boys' basketball team and inviting the team and their coaches to appear before the House of Representatives.

The following Resolutions of the House were read and adopted:

HR 1262.

By Representatives Williams of the 83rd, Coan of the 82nd, Dix of the 76th, Coleman of the 80th and Crews of the 78th:
A resolution commending the Greater Gwinnett Christian School Barons basketball teams.

HR 1264. By Representative Buckner of the 95th: A resolution commending Frances Sellars.

By unanimous consent, the following Bills of the Senate were withdrawn from the Committee on Judiciary and referred to the Committee on State Planning and 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 provide for an effective date.

1726

JOURNAL OF THE HOUSE,

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, qualifications, 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, qualifications, 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.

The Speaker Pro Tern assumed the Chair.

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

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 report of the Committee, which was favorable to the 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 Barnea Bates YBenefield Birdsong Y Bobannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown Buck Buckner Bunn Burkhalter Byrd Y Campbell Canty YCash

Y Channel! Y Childers Y Clark
Coan Y Coleman, B Y Coleman, T
Connell Y Cooper YCrawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Day
DeLoach, B Y DeLoach, G Y Dii
Dixon Y Dobbs Y Dukes Y Ehrhart
Epps Y Evans Y Everett YFelton

Floyd Y Franklin
Golden Y Graves Y Greene
Grindley Y Hammontree Y Hanner Y Harbin Y Heard
Hecht Y Heckstall Y Hegstrom
Henson Y Holland
Holmes Y Houston
Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson
James YJamieson

Jenkins Johnson Y Johnston Jones Y Joyce Kaye Y Ladd Y Lakly Lane Y Lee Y Lewis Lord Lucas Y Maddox Mann Manning Y Martin, J E Martin, J.L Y Maesey Y McBee McCall Y McClinton Y McKinney Mills Mobley Y Mosley

Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Poag
Polak Ponder Y Porter Powell Y PurceU Y Ragas Y Randall Ray Reaves Y Reichert Y Rice Y Richardson Roberts Rogers Y Royal Sanders

TUESDAY, MARCH 10, 1998

1727

YSauder YScarlett
Scheid Y Scott YShanahan Y Shaw YSherrill YShipp YSims YSinkfield

Y Skipper Y Smith, C Y Smith, C.W
Smith, L Y Smith, L.R Y Smith, P
Smith, T Smith, V YSmyre Y Sneffing

Y Snow Y Stuffings
Stancil, F Y Stancii, S
Stanley, L Stanley, P Stephens Y Taylor Teague Y Teper

Y Thomas Tfflman Titus Tolbert Trense Turoquest Twiggs Walker, L
Y Walker, R.L Y Watson

Y West Y Westmoreland Y Whitaker
Wiles Williams, B Y Williams, J Y Williams, R Worthan Yates Murphy, Spki

On the passage of the Bill, the ayes were 114, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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.

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.

The following amendment was read:

Representative Pinholster of the 15th moves to amend SR 559 by inserting between "Representatives;" and "to" on line 8 of page 1 the following:
"to provide for the creation of the Georgia Wildflower and Roadside Enhancement and Beautification Trust Fund; to provide for the dedication and deposit of revenues from specified sources for the purposes of the fund; to provide that such funds shall not lapse;".
By striking "a new subparagraph (k)" and inserting in its place "new subparagraphs (k) and (1) on line 14 of page 1.
By striking line 28 of page 1 and inserting in its place the following:
"the House of Representatives.
'(1) There is created the Georgia Wildflower and Roadside Enhancement and Beautification Trust Fund. All moneys derived from the sale of special and distinctive wildflower license plates shall be dedicated to and appropriated for the establishment and operation of the Georgia Wildflower and Roadside Enhancement and Beautification Project which shall include planning and implementation of a comprehensive plan for the planting and permanent maintenance of wildflowers along the public roads of the interstate and federal-aid primary highway system in this state. The Georgia Wildflower and Roadside Enhancement and Beautification Project shall be administered and implemented by the Department of Transportation. The moneys of the Georgia Wildflower and Roadside Enhancement and Beautification Trust Fund shall be maintained separately from and shall not be utilized for any other activities of the Georgia Department of Transportation. Moneys deposited into the fund shall not be subject to the provisions of Article III, Section IX, Paragraph IV(c) relative to the lapsing of funds.'"
By striking line 13 of page 2 and inserting in its place the following:
"House of Representatives and to provide for the creation of the Georgia Wildflower and Roadside Enhancement and Beautification Trust Fund and the dedication of all moneys

1728

JOURNAL OF THE HOUSE,

derived from the sale of special and distinctive wildflower license plates to such fund for the purpose of implementing a permanent plan of wildflower plantings along the
public roads of the interstate and federal-aid primary highways system in this state?'"

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

Y Alien Andersen
YAohe Y Bailey Y Bannister
YBarfoot Y Barnard YBaraes Y Bates N Benefield NBirdsong YBohannon N Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown NBuck YBuckner
YBunn Y Burkhalter YByrd Y Campbell
Canty YCash
Channel! Y Childen Y Clark YCoan YColeman, B NColeman, T
Connell
Cooper Y Crawford Y Crews

Y Culbreth Y Cummings N Davis, G Y Davis, M YDay Y DeLoach, B
DeLoach, G YDix NDixon YDobbs
Y Dukes YEhrhart NEpps Y Evans YEverett Y Felton
Floyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree N Manner Y Harbin N Heard NHecht YHeckstall
NHegstrom Henson
N Holland Y Holmes Y Houston Y Howard NHudgens Y Hudson, H

N Hudson, N Hugley
Ylrvin Y Jackson
Y James Jamieson
E Jenkins
Y Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly
Lane NLee Y Lewis YLord N Lucas
Maddoz YMann Y Manning N Martin, J E Martin, J.L
YMassey YMcBee
NMcCaU N McClinton
McKinney YMilb
Mobley YMosley Y Mueller YO'Neal NOrrock
Parham

N Fairish Parsons
Y Pelote Y Perry Y Pinholster
Poag YPolak
Y Ponder Y Porter
Powell
Purcell YRagas NRandall
Ray Y Reaves N Reichert YRice Y Richardson
Roberts N Rogers N Royal Y Sanders Y Sauder
Scarlett Scheid
Y Scott Y Sbanaban NShaw
Sherrill YShipp NSims N Sinkfield N Skipper Y Smith, C Y Smith, C.W
Smith, L

Y Smith, L.R Y Smith, P N Smith, T Y Smith, V NSmyre YSnelling YSnow NStalUngs Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens
Taylor NTeague YTeper Y Thomas
Tillman Y Titus N Tolbert YTrense
Turnquest YTwiggs N Walker, L Y Walker, R.L
Y Watson NWest Y Westmoreland YWhi taker Y Wiles Y Williams, B
Williams, J Y Williams, R Y Worthan YYates N Murphy, Spkr

On the adoption of the amendment, the ayes were 110, nays 39. The amendment was adopted.

Representative Poag of the 6th 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 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
YAshe Y Bailey Y Bannister
YBarfoot Y Barnard YBaroes Y Bates Y Benefield YBirdsong Y Bohannon

Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell

Canty YCash
Channell 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
DeLoach, G YDix YDixon YDobbs Y Dukes YEhrhart

YEpps Y Evans
YEverett Y Felton
Floyd
Y Franklin Y Golden Y Graves Y Greens Y Grindley Y Hammontree Y Banner

TUESDAY, MARCH 10, 1998

1729

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 YJamieson EJenkins Y Johnson
Johnston
Y Jones Y Joyce YKaye

YLadd YLakly YLane YLee Y Lewis YLord Y Lucas
Maddox YMann Y Manning Y Martin, J E Martin, J.L
YMasny YMcBee YMcCall Y McClinton
McKinney Y Mills Y Mobley YMosley YMueller YO'Neal YOrrock
YParham

YParrish Y Parsons Y Pelote Y Perry Y PinhoUter YPoag YPolak
Ponder Y Porter
PoweU YPurcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson
Roberta Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett

Scheid Y Scott YShanahan YShaw
Sherrill YShipp YSinu
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 Y Stancil, F Y Stances
Stanley, L Y Stanley, P

Y Stephens Y Taylor YTeague NTeper Y Thomas
TUlman 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
Williams, J N Williams, R Y Worthan YYates
Murphy, Spkr

On the adoption of the Resolution, as amended, the ayes were 155, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

The Speaker assumed the Chair.

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 generally, so as to require individual and group health insurance policies, group health plans or policies, and all other forms of managed or capitated care plans or policies to provide insurance coverage for diabetes outpatient selfmanagement training and diabetes equipment and supplies.

The following amendment was read:

Representative West of the 101st moves to amend SB 55 as follows: On page (1), line (24), after "supplies," add the following:
"transport, emergency treatment,".

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

N Alien YAnderson
NAshe N Bailey N Bannister
NBarfoot Y Barnard NBarnes N Bates N Benefield NBirdsong N Bohannon Y Bordeaux N Bradford

N Breedlove Y Bridges Y Brooks N Brown NBuck
Buckner NBunn N Burkhalter NByrd N Campbell
Canty NCash N Channell N Childera

N Clark NCoan N Coleman, B N Coleman, T YConnell N Cooper N Crawford N Crews N Culbreth N CuinnuiiKs N Davis, G N Davis, M
Day N DeLoach, B

DeLoach, G NDix NDixon NDobbs Y Dukes NEhrhart YEpps N Evans N Everett N Felton
Floyd N Franklin N Golden N Graves

N Greene N Grindley Y Hammontree N Hanner N Harbin N Heard NHecht
Heckstall YHegstrom
Henson Y Holland N Holmes N Houston N Howard

1730

JOURNAL OF THE HOUSE,

N Hudgens Hudson, H
N Hudson, N N Hugley NIrvin N Jackson N James N Jamieson N Jenkins N Johnson Y Johnston Y Jones N Joyce NKaye NLadd NLakly NLane NLee N Lewis NLord
N Lucas N Maddox

NMann N Manning N Martin, J E Martin, J.L
YMassey NMcBee NMcCall N McClinton Y McKinney N Mills Y Mobley
NMoeley Y MueUer NO'Neal YOrrock NPaiham NParrish N Parsons Y Pelote Y Perry N Pinholster YPoag

NPolak N Ponder N Porter NPoweU NPurceU NRagas YRandall
Ray Reaves N Reichert NRice N Richardson Roberts N Rogers N Royal
N Sanders N Sauder NScarlett NScheid N Scott N Shanahan NShaw

YSherrill NShipp YSinu N Sinkfield N Skipper N Smith, C N Smith, C.W
Smith, L N Smith, L.R N Smith, P N Smith, T N Smith, V
NSmyre N Snelling
NSnow YStallings
N Stancil, F N Stancil, S
Stanley, L N Stanley, P N Stephens N Taylor

On the adoption of the amendment, the ayes were 28, nays 137. The amendment was lost.

NTeague YTeper N Thomas NTiUman N Titus N Tolbert NTrense Y Turnquest NTvriggs N Walker, L N Walker, R.L N Watson YWest N Westmorland N Whitaker N Wiles N Williams, B N Williams, J N Williams, R N Worthan NYates
Murphy, Spkr

The following amendment was read:

Representative Franklin of the 39th moves to amend SB 55 as follows: Page 1 line 23 change "shall" to "may".

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

N Alien N Anderson NAshe N Bailey N Bannister
NBarfoot N Barnard NBaraes N Bates N Benefield NBirdsong NBohannon N Bordeaux N Bradford N Breedlove Y Bridges N Brooks N Brown
NBuck Buckner
YBunn N Burkhalter NByrd N Campbell N Canty NCash N Channel! N Childers N Clark YCoan N Coleman, B N Coleman, T N Connell N Cooper N Crawford
N Crews

N Culbretb N Cununings N Davis, G Y Davis, M NDay N DeLoach, B
DeLoach. G NDix NDixon
NDobbs N Dukes NEhrhart NEpps N Evans N Everett N Felton
Floyd Y Franklin N Golden N Graves NGreene N Grindley N Hammontree N Banner N Harbin
N Heard NHecht NHeckstaU 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 Y Jones Y Joyce NKaye NLadd NLakly NLane NLee N Lewis
NLord N Lucas N Maddox NMann N Manning N Martin, J E Martin, J.L NMassey NMcBee NMcCall N McClinton N McKinney
N Mills N Mobley NMosley N MueUer N O'Neal
NOrrock NParham

NParrish N Parsons N Pelote
N Perry N Pinholster NPoag NPolak N Ponder N Porter N Powell NPurcell NRagas NRandall
Ray Reaves N Reichert NRice N Richardson N Roberts N Rogers N Royal
Y Sanders N Sauder N Scarlett N Scheid N Scott N Shanahan NShaw N Sherrill NShipp NSims N Sinkfield N Skipper N Smith, C N Smith, C.W
Smith, L

N Smith, L.R N Smith, P N Smith, T N Smith, V NSmyre N Snelling NSnow NStallings N Stancil, F N Stancil, S N Stanley, L N Stanley, P
N Stephens N Taylor
Teague NTeper N Thomas NTiUman N Titus N Tolbert
NTrense N Turnquest NTwiggs N Walker, L Y Walker, R.L N Watson NWest N Westmoreland N Whitaker NWUes N Williams, B N Williams, J N Williams, R N Worthan YYates
Murphy, Spkr

TUESDAY, MARCH 10, 1998

1731

On the adoption of the amendment, the ayes were 10, nays 161. The amendment was lost.

The following amendment was read and ruled not germane:

Representative Orrock of the 56th moves to amend SB 55 by inserting after the semicolon on line 9 of page 1 the following:
"to require coverage for certain prescription drugs and devices for use as a contraceptive under certain circumstances;".
By inserting between lines 9 and 10 on page 2 the following:
"(c) On or after July 1, 1998, every individual or group major medical or other health insurance plan or policy and any other form of managed care plan or policy which provide coverage for prescription drugs on an outpatient basis shall provide coverage for prescribed drugs and devices approved by the United States Food and Drug Administration for use as a contraceptive. No insurer shall impose a copayment, deductible, or fee for such prescription drug coverage unless such copayment, deductible, or fee is equally applied to similarly situated insureds receiving benefits for prescription drugs. This subsection shall not be construed to require coverage for prescription benefits in any contract, policy, or plan that does not otherwise provide coverage for prescription drugs. Adequate notice of the right to receive this coverage shall be provided by insurers.".
By redesignatmg subsections (c) through (e) as subsections (d) through (f), respectively.

The report of the Committee, which was favorable to the 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 N 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
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 Y Cummings Y David, G Y Davis, M YDay YDeLoach, B
DeLoach, G
YDU YDiion YDobbs
Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton
Floyd N Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree
Y Banner Y Harbin Y Heard YHecht Y Bookstall 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 YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddoi YMann Y Manning Y Martin, J
E Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller YO'Neal Y Orrock YParham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster
YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell
YRagas YRandall
Ray 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
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 Snelling YSnow YStallings 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 Y West Y Westmoreland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates
Murphy, Spkr

1732

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 168, nays 3. The Bill, having received the requisite constitutional majority, was passed.

Representative Bailey of the 93rd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker announced the House in recess until 1:45 o'clock this afternoon.

TUESDAY, MARCH 10, 1998

1733

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.

The following Resolutions of the House were read and adopted:

HR 1267. By Representatives Golden of the 177th, Shaw of the 176th and Reaves of the 178th:
A resolution commending Honorable Loyce Warren Turner.

HR 1268.

By Representatives Royal of the 164th, Dukes of the 161st and Greene of the 158th:
A resolution commending the Mitchell-Baker High School Eagles basketball team.

HR 1269. By Representatives Jenkins of the 110th and Murphy of the 18th: A resolution honoring Coach Dan Pitts on the occasion of his retirement.

HR 1270. By Representatives Reichert of the 126th, Lucas of the 124th, Graves of the 125th, Randall of the 127th, Ray of the 128th and others:
A resolution commending Kids Voting Georgia.

HR 1271. By Representatives McKinney of the 51st and Brooks of the 54th:
A resolution congratulating Dr. David Satcher upon his nomination and confirmation as Surgeon General.

HR 1272. By Representatives Hammontree of the 4th and Mann of the 5th: A resolution recognizing and commending Terry Cullifer.

HR 1273. By Representatives Jenkins of the 110th, Lord of the 121st and Murphy of the 18th:
A resolution commending Terry A. Thompson.

HR 1274. By Representative Stancil of the 91st: A resolution commending Burnell Brown.

HR 1275.

By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A resolution recognizing the Centennial Anniversary of Professional Social Work.

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

1734

JOURNAL OF THE HOUSE,

The Senate insists on its substitute to the following bill of the House:

HB 1337.

By Representative Stancil of the 91st:
A bill to amend Code Section 8-2-26 of the Official Code of Georgia Annotated, relating to the enforcement of state minimum standard building codes, so as to change the provisions relating to the requirement that certain information be printed on county and municipal building permits.

Representative Benefield of the 96th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority
to SR 559.

The Speaker assumed the Chair.

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

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 hearing of applications for arrest by electronic or telephonic means in certain circumstances; to provide for related matters; to provide an effective date.

The following amendment was read and ruled not germane:

Representative Maddox of the 72nd moves to amend SB 411 as follows:
By adding a new Section 2 to read as follows:
Code Section 15-16-2 of the Official Code of Georgia Annotated, relating to fees for sheriffs services and disposition of fees is amended by striking subsection (b)(3), (b)(3.1), and (b)(3.2) and inserting in its place the following:
(3) Summoning each witness........................................................................$... 25.00 (3.1) Serving notice for production of documents ........................................$... 25.00 (3.2) Serving notice of deposition....................................................................*.- 25.00"
And by renumbering Section 2 and 3 accordingly.

The report of the Committee, which was favorable to the 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
Ashe Y Bailey Y Bannister YBartoot Y Barnard Y Barnes Y Bates Y Benefield YBirdsong Y Bohannon
Bordeaux

Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck
Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell
Canty Cash

Y ChanneU Y Childere Y Clark Y Com
Coleman, B Y Coleman, T Y Connell
Cooper Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G

Y Davis, M Day
Y DeLoach, B DeLoach, G Dix
Y Dixon Y Dobbs Y Dukes Y Ehrhart Y Epps Y Evans Y Everett
Felton

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

TUESDAY, MARCH 10, 1998

1735

Henson Y Holland Y Holmes
Houston Y Howard YHudgens Y Hudson, H Y Hudson, N
Hugiey Ylrvin
Y Jackson . James Y Jamieson YJenkins
Johnson Y Johnston
Jones Y Joyce YKaye YLadd YLakly YLane YLee

Y Lewis YLord
Lucas Y Maddoi YMann Y Manning Y Martin, J E Martin, J.L YMassey YMcBee YMcCall
E McClinton Y McKinney Y Mills
Mobley Y Mwley
Mueller O'Neal Orrock Parham
YParrish Parsons
Y Pelote

Perry Y Pinholster YPoag YPolak Y Ponder Y Porter YPowell
Puicell Ragas Randall YRay Reaves Y Reichert Rice Y Richardson Y Roberta Rogers Y Royal Sanders Y Sauder Scarlett Y Scheid Y Scott

Y Shanahan Shaw Sherrill
YShipp Sims Sinkfield
Y Skipper Y Smith, C Y Smith, C.W E Smith, L
Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V
Smyre YSnelling YSnow E Stallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephens

Taylor Teague Teper Thomas Tillman Titus YTolbert Trense 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, the ayes were 123, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Sims of the 167th 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 Reichert of the 123rd moved that SB 569 be postponed until Thursday, March 12,1998.
The motion prevailed.

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 generally, and to amend Code Section 33-30-23 of the Official Code of Georgia Annotated, relating to preferred provider plans, standards, payments or reimbursement for noncontracting providers of covered services under health benefit plans, and filing requirements for unlicensed entities, so as to provide a definition.

The following amendment was read:

Representative Scott of the 165th moves to amend SB 526 as follows:
Line 18 of page 1 after "provider;" add the following:
"to provide for the effects of such assignment;"
Line 15 and line 37 of page 2 after "provider," insert
"such payment shall be based on usual and customary charges for contracting providers, and acceptance of such payment by the health care provider shall be full and final payment for the health care services provided to the covered person and no health care provider shall bill a covered person for any portion of a payment exclusive of the applicable deductible and co-insurance provisions of such policy for such covered services. This subsection shall apply only to major medical policies, certificates, or other evidence of coverage."

1736

JOURNAL OF THE HOUSE,

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

Allen
N Andenon YAshe N Bailey
Bannister
NBarfoot Y Barnard NBarnes
Bate* N Benefield
NBirdsong YBohannon
N Bordeaux Bradford
YBreedlove N Bridges N Brooks Y Brown NBuck
Buckner YBunn Y Burkhalter NByrd Y CampbeU
N Canty NCash
Channell NChilders Y Clark YCoan
Coleman, B Y Coleman, T NConnell
Cooper N Crawford
Y Crews

Culbreth N Cummuigs
Davis, G Y Davis, M YDay YDeLoach, B
DeLoach, G YDix YDiion NDobbs N Dukes
Ehrhart YEpps Y Evans
NEverett Felton Floyd
Y Franklin N Golden N Graves Y Greene Y Grindley Y Hammontree N Manner Y Harbin N Heard
Hecht NHeckstall N Hegstrom NHenson Y Holland
Y Holmes Y Houston N Howard Y Hudgens Y Hudson, H

N Hudson, N NHugley Ylrvin Y Jackson N James Y Jamieson Y Jenkins
Johnson Y Johnston
Jones Joyce YKaye NLadd YLakly NLane NLee Y Lewis YLord N Lucas Maddoi YMann N Manning N Martin, J E Martin, J.L
YMassey NMcBee YMcCall E McClinton N McKinney
Y Mills N Mobley N Mosley
Mueller O'Neal Orrock N Parham

NParrish N Parsons N Pelote N Perry
Y Pinbolster NPoag NPolak Y Ponder
Porter Y Powell NPurcell NRagas NRandall YRay
Reaves N Reichert
Rice Y Richardson
N Roberts Y Rogers N Royal
Y Sanders Sauder
Y Scarlett Y Scheid Y Scott N Shanahan
NShaw Sherrill
YShipp NSims N Sinkfield N Skipper N Smith, C Y Smith, C.W E Smith, L

On the adoption of the amendment, the ayes were 67, nays 76. The amendment was lost.

Y Smith, L.R N Smith, P N Smith, T Y Smith, V NSmyre YSnelling NSnow EStallings Y Stancil, F Y Stancil, S N Stanley, L
Stanley, P N Stephens N Taylor NTeague NTeper
Thomas NTiUman Y Titus N Tolbert
ETrense Tumquest
NTwiggs N Walker, L Y Walker, R.L
N Watson NWest Y Westmoreland N Whitaker
Y Wiles Y Williams, B
Williams, J Y Williams, R Y Worthan YYates
Murphy, Spkr

The following amendment was read and adopted:

Representative Barnes of the 33rd moves to amend SB 526 as follows:
On page 2 line 3 strike in its entirety and insert in lieu thereof:
"insurer or similar entity. It shall not, however, include a policy of insurance designed, advertised and marketed to supplement basic health care coverage for hospital, medicalsurgical or major medical expenses so long as said supplemental insurance contract provides for payment directly to the insured."

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 Andersen
YAshe Y Bailey Y Bannister YBarfoot N Barnard

Y Barnes
Y Benefield YBirdsong YBohannon Y Bordeaux Y Bradford

Y Breedlove Y Bridges Y Brooks N Brown YBuck
Buckner NBunn

Y Burkhalter YByrd Y CampbeU Y Canty YCash Y Channell Y Childers

Y Clark YCoan Y Coleman, B Y Coleman, T
Y Connell Y Cooper Y Crawford

TUESDAY, MARCH 10, 1998

1737

Y Crews
Culbreth Y Cununings
Davis, G YDavis, M NDay Y DeLoach, B
DeLoach, G YOU YDUon
Dobbs Y Dukes
Ehrhart YEpps Y Evans YEverett
Felton Floyd Y Franklin Y Golden Y Graves YGreene YGrindley YHammontree Y Manner Y Harbin
Y Heard Hecht
YHeckstall

Y Hegstrom 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 YJenkins
Johnson Y Johnston
Jones Joyce YKaye YLadd NLakly YLane YLee YLewis NLord Y Lucas Maddoi YMann

Y Manning Y Martin, J E Martin, J.L YMassey YMcBee YMcCall E McClinton Y McKinney Y Mills Y Mobley YMosley
Mueller (TNeal YOrrock YParham YParrish Y Parsons YPelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas YRandaU Ray

Reaves Y Reichert
Rice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett YScheid N Scott YShanahan YShaw
Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W E Smith, L Y Smith, L.R Y Smith, P Y Smith, T N Smith, V Y Smyre YSnelling YSnow

E Sriulings YStancil,F Y Stancil, S Y Stanley, L
Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas YTUlman Y Titus Y Tolbert ETrense
Turnquest YTwiggs Y Walker, L N Walker, R.L Y Watson Y West N Westmorland Y Whitaker Y Wiles Y Williams, B
Williams, J Y Williams, R YWorthan NYates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 137, nays 12.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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

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.

Representative Scott of the 165th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to SB 526.

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.

The following amendment was read and adopted:

The Committee on Public Safety moves to amend SB 421 by adding on line 21 of page 6 after the word "such" the word "felony".

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

1738

JOURNAL OF THE HOUSE,

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Alien Y Anderaon
YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBaraes Y Bates
Benefieid YBirdsong YBohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck
Buckner YBunn YBurkhalter 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

Y Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B
DeLoach, G YDix YDixon YDobbs Y Dukes
YEhrhart YEpps Y Evans
Y Everett Felton Floyd
Y Franklin
Golden Y Graves Y Greene Y Grindley
Y Hammontree YHanner
Y Harbin Y Heard YHecht
YHeckstail 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
Jobnson Y Johnston
Jones Joyce YKaye
YLadd YLakly YLane YLee Y Lewis YLord Y Lucas
Maddox YMann
Manning Y Martin, J E Martin, J.L YMassey YMcBee YMcCall E McClinton Y McKinney Y Mills Y Mobley YMosley Y Mueller YO'Neal YOrrock
Parham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag
Polak 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 N Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W E Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre YSnelling YSnow EStallings
StancU, F
Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague
Teper Y Thomas YTillman Y Titus Y Tolbert ETrense Y Turnquest YTwiggs Y Walker, L
Y Walker, R.L Watson
Y West Y Westmorland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 153, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Scarlett of the 174th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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 Annotated, relating to the basis for computing workers' compensation, so as to change the basis for computing the average weekly wage of certain members of the Georgia National Guard; to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions regarding the indemnification of certain law enforcement officers, so as to include certain members of the Georgia National Guard and firemen.

Pursuant to Rule 134, Representatives Smith of the 19th and Crews of the 78th were excused from voting on SB 592.

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

TUESDAY, MARCH 10, 1998

1739

Y Alien Y Anderaon
Ashe YBailey 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 Y Campbell Y Canty YCash YChanneU Y Childers Y Clark YCoan
Y Coleman, B YColeman, T Y Council
Cooper Y Crawford
Crews

Y Culbreth Y CummingB Y Davis, G Y Davis, M YDay Y DeLoach, B
DeLoach, G YDii YDizon YDobbs
Dukes YEhrhart
YBpps Evans
YBverett Felton Floyd
Y Franklin 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 Y Howard Y Hudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson Y James YJamieson Y Jenkins
Johnson Y Johnston
Jones Joyce YKaye
YLadd YLakly YLane YLee Y Lewis YLord Y Lucas
Maddox YMann
Y Manning
Y Martin, J E Martin, J.L YMassey YMcBee YMcCall E McClinton Y McKinney Y Mills
Y Mobley YMosley Y Mueller YO-Neal YOrrock YParham

Y Parrish
Y Parsons
Y Pelote
Y Perry
Y Pinholster
YPoag
Polak
Y Ponder
Y Porter
Y Powell
YPurcell
YRagas
YRandall YRay
Reaves Y Reichert
Rice
Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw
SherriU YShipp YSims Y Sinkfield Y Skipper Y Smith, C
Smith, C.W E Smith, L

Y Smith, L.R Y Smith, P Y Smith, T
Y Smith, V YSmyre Y SneUing YSnow
EStaUings Y Stanca, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert ETrense Y 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 Y Worthan Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1226 Do Pass
Respectfully submitted, M Lee of the 94th
Chairman

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

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 Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

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JOURNAL OF THE HOUSE,

HB 1387. By Representative Randall of the 127th:
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.

The following Senate substitute was read:

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 tune 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 administrative 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:
"(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 decision 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 15 business days after the provider of medical assistance 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, and the administrative law judge shall issue a written decision on the matter no later than 30 days after the close of the record except when it is determined that the complexity of the issues and the length of the record require an extension of these periods and an order is issued by an administrative law judge so providing, but no longer than 30 days. Such time requirements can be extended by written consent of all the parties. Failure of the administrative law judge to comply with the above time deadlines shall not render the case moot.

TUESDAY, MARCH 10, 1998

1741

(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 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."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Randall of the 127th moved that the House agree to the Senate substitute to HB 1387.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Andersen YAshe
Bailey Y Bannister YBarfoot Y Barnard YBames Y Bates Y Benefield
Birdsong YBohannon
Y Bordeaux Y Bradford YBreedlove
Bridges Y Brooks Y Brown YBuck Y Buckner YBunn YBurkhalter
YByrd Y Campbell
Y Canty YCash
Channell 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
Day Y DeLoach, B
DeLoach, G YDix Y Dixon YDobbs
Dukes YEhrhart YEpps Y Evans Y Everett
Felton
Floyd 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 Hudgens Y Hudson, H

Y Hudson, N YHugley
Irvin Jackson Y James YJarnieson YJenkins Johnson Y Johnston
Jones Joyce YKaye
YLadd YLakly YLane YLee Y Lewis YLord Y Lucas
Maddoi YMann
Y Manning Y Martin, J E Martin, J.L
YMassey McBee
YMcCall E McClinton Y McKinney YMills Y Mobley YMosley
Mueller Y O'Neal YOrrock YParham

On the motion, the ayes were 147, nays 0. The motion prevailed.

YParrish Y Parsons Y Pelote
Perry Pinholster Pong
Polak Y Ponder Y Porter Y Powell YPureell
Ragas Y 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 YSherrill YShipp YSims Y Sinkfield
Y Skipper Y Smith, C Y Smith, C.W E Smith, L

Y Smith, L.R Y Smith, P Y Smith, T
Y Smith, V YSmyre YSnelling YSnow EStallings Y StancU, F Y StancU, S
Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague
Teper Y Thomas YTillman Y Titus
Y Tolbert E Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson
West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan
YYates Murphy, Spkr

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 Annotated, relating to coin operated amusement machines, so as to redefine a term used in such chapter; to correct a cross reference; to change the provisions relating to the display of stickers issued for coin operated amusement machines.

The following Senate substitute was read:

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JOURNAL OF THE HOUSE,

A BILL
To amend Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to the nonapplicability of Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated to certain materials, equipment, devices, and bona fide coin operated amusement machines, so as to provide for a definition; to amend Chapter 17 of Title 48 of the Official Code of Georgia Annotated, relating to coin operated amusement machines, so as to redefine terms used in such chapter; to correct a cross-reference; to change the provisions relating to notice and hearings; to change the provisions relating to sanctions; to change the provisions relating to delivery of an order refusing an application or imposing a sanction; to change the provisions relating to the display of stickers issued for coin operated amusement machines; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to the nonapplicability of Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated to certain materials, equipment, devices, and bona fide coin operated amusement machines, is amended by adding, following subsection (a) of said Code section, a new subsection (a.l) to read as follows:
"(a.l) As used in this Code section, the term 'some skill' means any presence of the following factors, alone or in combination with one another:
(1) A learned power of doing a thing competently; (2) A particular craft, art, ability, strategy, or tactic; (3) A developed or acquired aptitude or ability; (4) A coordinated set of actions, including, but not limited to, eye-hand coordination; (5) Dexterity, fluency, or coordination in the execution of learned physical or mental tasks or both; (6) Technical proficiency or expertise; (7) Development or implementation of strategy or tactics in order to achieve a goal; or (8) Knowledge of the means or methods of accomplishing a task. The term some skill refers to a particular craft, coordinated effort, art, ability, strategy, or tactic employed by the player to affect in some way the outcome of the game played on a bona fide coin operated amusement machine as defined in paragraph (2) of Code Section 48-17-1. If a player can take no action to affect the outcome of the game, the bona fide coin operated amusement machine does not meet the 'some skill' requirement of this Code section."
SECTION 2. Chapter 17 of Title 48 of the Official Code of Georgia Annotated, relating to coin operated amusement machines, is amended by striking Code Section 48-17-1, relating to definitions, and inserting in its place the following:
"48-17-1.
As used in this chapter, the term: (1) 'Applicant' or 'licensee' means owner as defined in this Code section including an owner's officers, directors, shareholders, individuals, members of any association or other entity not specified, and, when applicable in context, the business entity itself. (2) 'Bona fide coin operated amusement machine' means: (A) Every machine of any kind or character used by the public to provide amusement or entertainment whose operation requires the payment of or the insertion of a coin, bill, other money, token, ticket, or similar object and the result of whose operation depends in whole or in part upon the skill of the player, whether or not it affords an award to a successful player pursuant to subsections (b) through if} (g) of Code Section 16-12-35, and which can be legally shipped interstate according to federal law. Examples of bona fide coin operated amusement machines include, but are expressly not limited to, the following:

TUESDAY, MARCH 10, 1998

1743

(i) Pinball machines; (ii) Console machines; (iii) Video games; (iv) Crane machines; (v) Claw machines; (vi) Pusher machines; (vii) Bowling machines; (viii) Novelty arcade games; (ix) Foosball or table soccer machines; (x) Miniature racetrack, football, or golf machines; (xi) Target or shooting gallery machines; (xii) Basketball machines; (xiii) Shuffleboard games; (xiv) Kiddie ride games; (xv) Skeeball machines; (xvi) Air hockey machines; (xvii) Roll down machines; (xviii) Trivia machines; (xix) Laser games; (xx) Simulator games; (xxi) Virtual reality machines; (xxii) Matchup or lineup games which require the player to use skill stops to complete the game; (xxiii) Maze games; (xxiv) Racing games; (xxv) Coin operated pool tables or coin operated billiard tables as defined in paragraph (3) of Code Section 43-8-1; and {sHtMxxvi) Any other similar amusement machine which can be legally operated in Georgia; and (B) Every machine of any kind or character used by the public to provide music whose operation requires the payment of or the insertion of a coin, bill, other money, token, ticket, or similar object such as jukeboxes or other similar types of music machines. The term 'bona fide coin operated amusement machine' does not include the following: (i) Coin operated washing machines or dryers;
(ii) Vending machines which for payment of money dispense products or services; (iii) Gas and electric meters;
(iv) Pay telephones;
(v) Pay toilets; (vi) Cigarette vending machines;
(vii) Coin operated scales; (viii) Coin operated gumball machines;
(ix) Coin operated parking meters; (x) Coin operated television sets which provide cable or network programming;
(xi) Coin operated massage beds; and (xii) Machines which are not legally permitted to be operated in Georgia.
(3) 'Commissioner' means the state revenue commissioner. (4) 'Master license' means the certificate which every owner of a bona fide coin operated amusement machine must purchase and display in the owner's or operator's place of business where the machine is located for commercial use by the public for play in order to legally operate the machine in the state. (5) 'Operator' means any person, individual, firm, company, association, corporation, or other business entity who exhibits, displays, or permits to be exhibited or displayed, in a place of business other than his own, any bona fide coin operated amusement machine in this state.

1744

JOURNAL OF THE HOUSE,

(6) 'Owner' means any person, individual, firm, company, association, corporation, or other business entity owning any bona fide coin operated amusement machine in this state. (7) 'Permit fee' means the annual per machine charge which every owner of a bona fide coin operated amusement machine in commercial use must purchase and display in either the owner's or operator's place of business in order to legally operate the machine in the state. (8) 'Sticker' means the decal issued for every bona fide coin operated amusement machine to show proof of payment of the permit fee."
SECTION 3. Said chapter is further amended by striking subsection (a) of Code Section 48-17-5, relating to the right to a notice and hearing and service of the notice, and inserting in its place the following:
"(a) An applicant or licensee is entitled to at least 30 days' written notice and, if requested, a hearing in the following instances:
(1) After an application for an original or renewal license has been refused; (2) Before the commissioner may revoke a license; or (3) Before the commissioner may invoke any other sanctions provided by this chapter. For purposes of this Code section, sanctions shall not include (i) issuance of a citation, (ii) imposition of a late fee, penalty fee, or interest penalty under subsection (k) of Code Section 48-17-2. Code Section 48-17-11. or subsection {a} of Code Section 48-17-13, or (iii) sealing a machine or imposing charges related thereto under subsection (g) of Code Section 48-17-13."
SECTION 4. Said chapter is further amended by striking subsection (a) of Code Section 48-17-6, relating to delivery of an order refusing an application or imposing a sanction, and inserting in its place the following:
"(a) The commissioner shall deliver to the applicant or licensee a written copy of the order refusing an application or renewal application, revoking a master license, or imposing any other sanction provided in this chapter issued after any required hearing."
SECTION 5. Said chapter is further amended by striking subsection (b) of Code Section 48-17-9, relating to payment and collection of the annual permit fee and permit stickers, and inserting in its place the following:
"(b) The sticker issued by the commissioner to evidence the payment of the fee under this Code section shall be securely attached to the machine or prominently displayed at the location where the machine is located. Owners may transfer stickers from one machine to another and from location to location so long as all machines in commercial use available for play by the public have a sticker and the owner uses the stickers only for machines that it owns."
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Powell of the 23rd moved that the House agree to the Senate substitute to HB 1294.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Andersen YAshe
Bailey Y Bannister YBarfoot Y Barnard YBaraes

Y Bates Y Benefield YBirdsong
Bohannon Y Bordeaui Y Bradford Y Breedlove
Bridges

Y Brooks Y Brown Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell

Y Canty Y Cash
ChanneU Y Guilders 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

TUESDAY, MARCH 10, 1998

1745

YDay Y DeLoach, B
DeLoach, G Diz YDiion YDobbe Dukes YEhrhart YEpps Y Evans YEverett Felton Floyd Y Franklin Y Golden Y Graves YGreene YGrindley Y Haounontree YHanner 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
Irvin Y Jackson Y James Y Jamieson YJenkins
Johnson Y Johnston
Jones Joyce YKaye YLadd YLakly YLane YLee YLewis YLori Y Lucas Maddoi YMann Y Manning Y Martin, J E Martin, J.L

YMassey McBee
YMcCall E McClinton YMcKinney YMills
Mobley YMosley Y MueUer YO'Neal YOrrock YParham YParrish Y Parsons Y Pelote
Perry Pinholster YPoag Polak Y Ponder Y Porter Y Powell YPurceU Ragas 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
Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W E Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre YSneUing YSnow EStallings

Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephens Y Taylor Teague YTeper Y Thomas YTillman Y Titus Y Tolbert ETrense 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, Spki

On the motion, the ayes were 146, nays 0. The motion prevailed.

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 Annotated, relating to instructors in driver training and operators of driver training schools, so as to change certain provisions relating to exceptions from operation of chapter.

The following Senate amendment was read:

Amend HB 1299 by striking from line 16 on page 1 the following: "junior college, or",
and inserting in lieu thereof the following: "j*ie college, e*".

Representative Powell of the 23rd moved that the House agree to the Senate amendment to HB 1299.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Andersen YAshe
Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates
Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford

Y Breedlove Bridges
Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty YCash
Channell Y Guilders

Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell
Cooper Crawford Y Crews Y Culbreth Y OmniningB Y Davis, G Y Davis, M Day Y DeLoach, B

DeLoach, G Oil YDbron YDobbs Y Dukes YEhrhart YEpps Evans Y Everett Felton Floyd 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

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JOURNAL OF THE HOUSE,

Y Hudgens Y Hudson, H Y Hudson, N
Y Hugley Irvin
Y Jackson
Y James YJamieson Y Jenkins
Johnson
Y Johnston Jones Joyce
YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas
Maddoi

YMann Y Manning Y Martin, J E Martin, J.L YMassey
McBee YMcCall E McClinton
McKinney Y Mills Y Mobley
Y Mosley Y Mueller YO'Neal
YOrrock Parham
YParrish Y Parsons Y Pelote
Perry Pinholster YPoag

YPolak Y Ponder Y Porter Y PoweU YPurcell
Ragas Randall YRay
Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett
Y Scheid Y Scott Y Shanahan
YShaw

On the motion, the ayes were 143, nays 0. The motion prevailed.

Sherrill YShipp YSims Y Sinkfield
Y Skipper Y Smith, C Y Smith, C.W E Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V
YSmyre YSnelling
YSnow E Stallings
Stand!, F Y Stancil, S
Stanley, L Stanley, P Y Stephens Y Taylor

Teague YTeper Y Thomas YTiUman Y Titus Y Tolbert ETrense 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

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 Regulation Act," so as to change certain time periods within which real estate appraisers are required to take certain actions.

The following Senate substitute was read:

A BILL
To amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, known as the "Real Estate Appraiser Classification and Regulation Act," so as to change certain time periods within which real estate appraisers are required to take certain actions; to change the provisions relating to fees for real estate appraiser examination, activation, and renewal and reactivation of lapsed or inactive appraiser classifications; to change the provisions relating to notification by a real estate appraiser of change of address; to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of real estate brokers and salespersons, so as to change certain time periods within which real estate brokers and salespersons are required to take certain actions; to change the provisions relating to nonresident licenses of brokers and salespersons; to change the provisions relating to license fees; to change the provisions relating to change of place of business and transfer of salesperson or associate broker; to change the provisions relating to the requirement of a trust or escrow checking account in order to engage in the real estate business; to provide that certain real estate brokers are not required to maintain a designated trust or escrow account; to prohibit certain conduct by real estate brokers, salespersons, licensees, schools, and instructors; to provide sanctions against such violators; to change certain sanctions; 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 39A of Title 43 of the Official Code of Georgia Annotated, known as the "Real Estate Appraiser Classification and Regulation Act," is amended by striking in their entirety subsections (g), (h), and (k) of Code Section 43-39A-11, relating to fees for real estate appraiser examination, activation, and renewal and reactivation of lapsed or inactive

TUESDAY, MARCH 10, 1998

1747

appraiser classifications, and inserting in lieu thereof new subsections (g), (h), and (k) to read as follows:
"(g) Any appraiser who does not wish to be actively engaged in real estate appraisal activity may continue an appraiser classification by making a written request within 14 days 30 days of ceasing work that the appraiser classification be placed on inactive status. Any appraiser whose appraiser classification has been placed on an inactive status may not engage in real estate appraisal activity. To reactivate an appraiser classification held on inactive status, an appraiser must make application to the board prior to resuming real estate appraisal activity. Any appraiser who seeks to reactivate an appraiser classification which has been placed on inactive status shall be required to meet any continuing education requirement which the appraiser might have otherwise been required to meet during the period when the appraiser's appraiser classification was placed on inactive status. The education requirement for activating an appraiser classification on inactive status shall not apply to an appraiser who meets the continuing education requirement of subsection (b) of Code Section 43-39A-8 in each renewal period that such appraiser is on inactive status nor to an appraiser who has maintained an active appraiser classification in another state that has continuing education requirements while such appraiser's classification was on inactive status in Georgia, (h) Any appraiser who places an appraiser classification on inactive status shall be required to pay the renewal fee provided for in subsection (d) of this Code section. Whenever any appraiser on inactive status fails to pay the required fee, the appraiser classification shall be lapsed. If an appraiser on inactive status changes address, the appraiser shall notify the board of the new address, in writing, within 14 days 30 days." "(k) A reasonable fee, not to exceed the renewal fee charged for an appraiser classifica-
tion, may be imposed by the board on any applicant or appraiser who: (1) Fails to notify the board in writing within 14 days 30 days of a change of address; (2) Fails to respond within 14 days 30 days to a written inquiry from the board requesting further information on any application the applicant or appraiser has filed
with the board; or (3) Submits to the board a check that is returned unpaid."
SECTION 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-39A-16, relating to notification by real estate appraiser of change of address and applicability of Chapter 7 of title 14, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) If an appraiser changes a residence or place of business address, such appraiser shall notify the board, in writing, within 14 days 30 days of such change."
SECTION 3. Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of real estate brokers and salespersons, is amended by striking in its entirety paragraph (4) of subsection (c) of Code Section 43-40-9, relating to nonresident licenses, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) Affiliate with a resident or nonresident broker if the applicant is an individual community association manager, salesperson, or associate broker. If a nonresident licensee terminates the affiliation with a broker licensed by the commission, the license of such nonresident shall automatically be terminated unless such nonresident places the license on inactive status or affiliates with another broker licensed by the commission within 14 days 30 days. No license shall be issued to any member, officer, independent contractor, employee, or partner of a nonresident partnership, limited liability company, or corporation until said partnership, limited liability company, or corporation qualifies for a broker's license. A nonresident corporation or limited liability company must obtain from the proper agency and maintain a certificate of authority to transact business in this state;".
SECTION 4. Said chapter is further amended by striking in their entirety subsections (g), (h), and (m) of Code Section 43-40-12, relating to license fees of real estate brokers and salespersons, and inserting in lieu thereof new subsections (g), (h), and (m) to read as follows:

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"(g) Any real estate broker who does not wish to be actively engaged in the brokerage business or any licensee who is temporarily not actively engaged on behalf of a broker may continue a license by making a written request within 44 days 30 days of ceasing work that the license be placed on inactive status. Any licensee whose license has been placed on an inactive status may not engage in the real estate brokerage business except in connection with property owned by the licensee. To reinstate a license held on inactive status, a licensee other than a broker must secure the signature of the broker for whom the licensee wishes to act; and a broker must make application to the commission prior to resuming brokerage activity. Any individual licensee who seeks to activate a license which has been on inactive status for a period of two years or longer shall be required to attend a commission approved course of study prior to activating an inactive license. The course of study shall consist of a commission approved education course or courses totaling at least six hours for each year the license was on inactive status. This education requirement for activating a license on inactive status shall not apply to licensees who meet the continuing education requirement of subsection (e) of Code Section 43-40-8 in each renewal period that they are on inactive status nor to licensees who maintained an active license in another state that has continuing education requirements while such licensee's license was on inactive status in Georgia. (h) Any licensee who places a license on inactive status shall be required to pay the license renewal fee provided for in subsection (d) of this Code section. Whenever any licensee on inactive status fails to pay the required renewal fees, the licensee's license shall be lapsed. If a licensee on inactive status changes address, the licensee shall notify the commission of the new address, in writing, within 44 days 30 days." "(m) A reasonable fee, not to exceed the renewal fee charged broker licensees, may be imposed by the commission on a licensee who:
(1) Fails to notify the commission in writing within 44 days 30 days of a change of address, of the opening or closing of a designated trust account, of transferring to a new company, or of leaving a firm to go on inactive status; (2) Fails to affiliate with a new company or to apply to go on inactive status within 14 days 30 days of the commission's receipt of notice that the broker holding the licensee's license no longer wishes to do so and has mailed a letter to the licensee's last known address indicating that the broker is returning the license to the commission; (3) Fails to respond within 44 days 30 days to a written inquiry from the commission requesting further information on any application the licensee has filed with the commission; and (4) Submits to the commission a check that is returned unpaid."
SECTION 5. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-40-19, relating to change of place of business and transfer of salesperson or associate broker, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Should a broker change the address of the broker's place of business, the broker shall notify the commission, in writing, within 44 days 30 days of such change."
SECTION 6. Said chapter is further amended by striking in its entirety Code Section 43-40-20, relating to the requirement of a trust or escrow checking account in order to engage in the real estate business, and inserting in lieu thereof a new Code Section 43-40-20 to read as follows:
"43-40-20.
(a) Each broker who accepts down payments, earnest money deposits, security deposits, rents, association fees, or other trust funds in a real estate brokerage transaction or whose affiliated licensees accept such trust funds shall maintain a separate, federally insured bank checking account in this state which shall be designated a trust or escrow account wherein all down payments, earnest money deposits, or other trust funds received by the broker or the broker's affiliated licensees, on behalf of a principal or any

TUESDAY, MARCH 10, 1998

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other person, shall be deposited. An account so designated and registered with the commission shall not be subject to attachment or garnishment. A broker who does not accept trust funds in real estate brokerage transactions is not required to maintain a designated trust or escrow account; provided, however, that if a broker does not maintain such a trust or escrow account and later receives trust funds in a real estate brokerage transaction, such broker must open the designated trust or escrow account required by this subsection within one business day of the receipt of such trust funds. (b) Each broker who is required to maintain a trust or escrow account shall notify the commission of the name of the bank in which the trust account is maintained and also the number of the account or, if the bank does not use numbered accounts, the name of the account on forms provided therefor.
(c) Each broker who maintains a trust account shall authorize the commission to examine such trust account by a duly authorized representative of the commission. The commission may examine such account at any time upon reasonable cause. The commission shall examine each broker's trust account or accounts during each renewal period. In lieu of an examination of any such account or accounts by a duly authorized representative of the commission, the commission, in its discretion, may accept a written report from a certified public accountant that the broker's trust account or accounts are maintained in accordance with the provisions of this chapter and its attendant rules and regulations. In lieu of the renewal period examination by a duly authorized representative of the commission, the commission may accept with the broker's renewal application and fee a summary of data on the broker's trust account or accounts on a form prepared by or approved by the commission if that data appears complete and includes no indication of irregularities. The commission, after initiating an authorized investigation, may require that a broker supply to it written reports on the status of the broker's designated trust account or accounts.
(d) A broker may maintain more than one trust account if the commission is advised of such account, as specified in subsections (a), (b), and (c) of this Code section.
(e) A broker shall not be entitled to any part of the earnest money or other money paid to the broker in connection with any real estate transaction as part or all of the broker's commission or fee until the transaction has been consummated or terminated.
(f) Any licensee, acting in the capacity of principal in the sale of interests in real estate owned by such licensee, shall deposit in a trust account in a state bank or trust company or any foreign bank which authorizes the commission to examine its records of such deposits those parts of all payments received on contracts which are necessary to meet any amounts concurrently due and payable on any existing mortgages, contracts for deed or other conveyancing instruments, reserves for taxes and insurance, or any other encumbrance on such receipts. Such deposits shall be maintained until disbursement is made under the terms of the encumbrance pertaining thereto and proper accounting on such property is made to the parties entitled thereto.
(g) The commission, in its discretion, may allow a nonresident broker who accepts any trust funds in a real estate brokerage transaction to maintain the trust account required in subsection (a) of this Code section in a bank of such nonresident broker's state of residence, provided that the commission is authorized to examine the account at such time or times as the commission may elect and that the licensee meets the requirements of any rules which the commission may establish regarding the maintenance of such accounts.
(h) Community association managers, salespersons, or associate brokers who receive security deposits or other trust funds on property they own or who receive payments as described in subsection (f) of this Code section must deposit those funds into a designated trust account maintained by the broker with whom their licenses are affiliated or in a designated trust account approved by that broker. If the broker approves the affiliated licensee's holding such trust funds in a designated trust account owned by the licensee, the broker shall assure that the bank in which the account is maintained designates the account as a trust account and the broker shall notify the commission of the name of the bank in which the account is maintained, the number of the account, and the name of the licensee who owns the account. The licensee who owns such account

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shall maintain such records on the account as are required by this chapter and the applicable rules and regulations for brokers in maintaining their trust accounts. The
licensee who owns such account shall provide to such licensee's broker on at least a quarterly basis a written reconciliation statement comparing the licensee's total trust liability with the reconciled bank balance of the licensee's trust account."

SECTION 7. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-40-25, relating to violations by licensees, schools, and instructors and sanctions therefor, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the commission shall have the power to reprimand licensees and approved schools or instructors; to revoke or suspend any license issued under this chapter; to revoke the license of a real estate broker or qualifying broker and simultaneously issue such licensee a salesperson's license; to revoke or suspend approval of any school or instructor; to impose a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations with fines for multiple violations limited to $2,000.00 $5.000.00 in any one hearing; to require completion of a course of study in real estate brokerage or instruction; to require the filing of periodic reports by an independent accountant on a real estate broker's designated trust account; or to utilize any combination of these sanctions which the commission may deem appropriate whenever a license, a school approval, or an instructor approval has been obtained by false or fraudulent representation or whenever a licensee, an approved school, or an approved instructor has been found guilty of a violation of this chapter, or of the rules and regulations promulgated by the commission, or of any unfair trade practices, including, but not limited to, the following:
(1) Because of race, color, religion, sex, disability, familial status, or national origin: (A) Refusing to sell or rent after the making of a bona fide offer, or refusing to negotiate for the sale or rental of, or otherwise making unavailable or denying, real estate to any person; (B) Discriminating against any person in the terms, conditions, or privileges of sale or rental of real estate or in the provision of services or facilities in connection therewith; (C) Making, printing, or publishing or causing to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of real estate, that indicates any preference, limitation, or discrimination or an intention to make any such preference, limitation, or discrimination; (D) Representing to any person that any real estate is not available for inspection, sale, or rental when such real estate is in fact so available; or (E) Representing explicitly or implicitly that a change has or will or may occur in a block, neighborhood, or area in order to induce or discourage the listing, purchasing, selling, or renting of real estate;
(2) Intentionally advertising material which is misleading or inaccurate or which in any way misrepresents any property, terms, values, policies, or services of the business conducted;
(3) Failing to account for and remit any money coming into the licensee's possession which belongs to others;
(4) Commingling the money or other property of the licensee's principals with the licensee's own;
(5) Failing to maintain and deposit in a separate, federally insured checking account all money received by said broker acting in said capacity, or as escrow agent or the temporary custodian of the funds of others, in a real estate transaction unless all parties having an interest in said funds have agreed otherwise in writing;
(6) Accepting, giving, or charging any undisclosed commission, rebate, or direct profit on expenditures made for a principal or any undisclosed commission, rebate, or direct profit for procuring a loan or insurance or for conducting a property inspection related to a real estate transaction;

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(7) Representing or attempting to represent a real estate broker, other than the broker holding the licensee's license, without the express knowledge and consent of the broker holding the licensee's license; (8) Accepting a commission or other valuable consideration by a licensee from anyone other than the broker holding that licensee's license without the consent of that broker; (9) Acting in the dual capacity of agent and undisclosed principal in any transaction; (10) Guaranteeing or authorizing any person to guarantee future profits which may result from the resale of real property; (11) Placing a sign on any property offering it for sale or rent without the written consent of the owner or the owner's authorized agent and failing to remove such sign within ten days after the expiration of listing; (12) Offering real estate for sale or lease without the knowledge and consent of the owner or the owner's authorized agent or on terms other than those authorized by the owner or the owner's authorized agent; (13) Inducing any party to a contract of sale or lease, a listing contract, an exclusive agency contract or agreement, or a management agreement to break such contract or agreement for the purpose of substituting in lieu thereof any other contract or agreement with another principal; (14) Negotiating a sale, exchange, or lease of real estate directly with an owner or les-
sor if the licensee knows that such owner has a written outstanding contract in connection with such property granting an exclusive agency or an exclusive right to sell
to another broker; (15) Indicating that an opinion given to a potential seller, purchaser, landlord, or ten-
ant regarding a listing, lease, rental, or purchase price is an appraisal unless such licensee holds an appraiser classification in accordance with Chapter 39A of this title;
(16) Performing or attempting to perform any of the acts of a licensee on property located in another state without first having been properly licensed in that state or
otherwise having complied fully with that state's laws regarding real estate brokerage; (17) Paving a commission or compensation to any person for performing the services
of a real estate licensee who has not first secured the appropriate license under this chapter or is not cooperating as a nonresident who is licensed in such nonresident's
state or foreign country of residence, provided that nothing contained in this subsection or any other provision of this Code section shall be construed so as to prohibit
the payment of earned commissions: (A) To the estate or heirs of a deceased real estate licensee when such deceased real
estate licensee had a valid Georgia real estate license in effect at the time the commission was earned and at the time of such person's death; or (B) To a citizen of another country acting as a referral agent if that country does
not license real estate brokers and if the Georgia licensee paying such commission or compensation obtains and maintains reasonable written evidence that the payee
is a citizen of said other country, is not a resident of this country, and is in the
business of brokering real estate in said other country; (18) Failing to include a fixed date of expiration in any written listing agreement and failing to leave a copy of said agreement with the principal;
(19) Failing to deliver, within a reasonable time, a completed copy of any purchase agreement or offer to buy or sell real estate to the purchaser and to the seller;
(20) Failure by a broker to deliver to the seller in every real estate transaction, at the time said transaction is consummated, a complete, detailed closing statement showing
all of the receipts and disbursements handled by such broker for the seller or failure to deliver to the buyer a complete statement showing all money received in said trans-
action from such buyer and how and for what the same was disbursed; the broker shall retain true copies of such statements in the broker's files;
(21) Making any substantial misrepresentations; (22) Acting for more than one party in a transaction without the express written con-
sent of all parties to the transaction; (23) Failure of an associate broker, salesperson, or community association manager to place, as soon after receipt as is practicably possible, in the custody of the broker

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holding the licensee's license any deposit money or other money or funds entrusted to the licensee by any person dealing with the licensee as the representative of the licensee's licensed broker; (24) Filing a listing contract or any document or instrument purporting to create a lien based on a listing contract for the purpose of casting a cloud upon the title to real estate when no valid claim under said listing contract exists; (25) Having demonstrated incompetency to act as a real estate licensee in such manner as to safeguard the interest of the public or any other conduct whether of the same or a different character than heretofore specified which constitutes dishonest dealing; (26) Obtaining an exclusive listing, sales contract, or management agreement from any owner while knowing or having reason to believe that another broker has an exclusive listing on the property, unless the licensee has written permission from the broker having the first exclusive listing; provided, however, that notwithstanding the provisions of this paragraph, a licensee shall be permitted to present a proposal or bid for community association management if requested to do so in writing from a community association board of directors; (27) Failing to keep for a period of three years a true and correct copy of all sales contracts, closing statements, and other documents relating to real estate closings or failing to produce documents at the reasonable request of the commission or any of its agents for their inspection; (28) Being or becoming a party to any falsification of any portion of any contract or other document involved in any real estate transaction; (29) Conducting the closing of any real estate transaction by any licensee except a broker unless the licensee acts under the supervision of the broker under whom such licensee is licensed or under the supervision of a practicing attorney with the knowledge and consent of the broker; (30) Failing to obtain the written agreement of the parties indicating to whom the broker shall pay any interest earned on trust funds deposited into an interest-bearing checking account prior to depositing those funds into such account; (31) Failing to disclose in a timely manner to all parties in a real estate transaction any agency relationship that the licensee may have with any of the parties; (32) Attempting to perform any act authorized by this chapter to be performed only by a broker, associate broker, or salesperson while licensed as a community association manager; er (33) Attempting to sell, lease, or exchange the property of any member of a community association to which a licensee is providing community association management services without the express written consent of that association to do so] (34) Inducing any person to alter, modify, or change another licensee's fee or commission for real estate brokerage services without that licensee's prior written consent: or (36) Failing to obtain a person's agreement to refer that person to another licensee for brokerage or relocation services and to inform such person being referred whether or not the licensee will receive a valuable consideration for such referral."
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

Representative Powell of the 23rd moved that the House agree to the Senate substitute to HB 1263.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Andersen YAshe
Bauey Y Bannister Y Barfoot Y Barnard

Y Barnes Y Bates YBenefield Y Birdaong Y Bohannon
Bordeaux Y Bradford

Y Breedlove Bridges
Y Brooks Y Brown Y Buck Y Buckner Y Bunn

Y Burkhalter Y Byrd Y Campbell Y Canty Y Cash
Channell Y Childers

Y Clark Y Conn Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford

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1753

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M
Day YDeLoach, B
DeLoach. G Dii YDiion YDobbs
Y Dukes YEhihart
YEpps Y Evans YEverett
Felton Floyd Y Franklin
Y Golden Y Graves
YGnene YGrindley
Y Hammontree Y Manner Y Harbin
Y Heard YHecht YHeckstaU

Y Hegstrom Henson
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 Jenkins
Johnson Y Johnston
Jones Joyce YKaye YLadd YLakly
YLane YLee Y Lewis YLord
Lucas Maddox YMann

Y Manning Y Martin, J E Martin, J.L
YMassey YMcBee YMcCall E McClinton
McKinney Y Mills
Mobley YMosley Y Mueller YO'Neal YOrrock
Parham YParrish Y Parsons Y Pelote
Perry Y Pinholster YPoag YPolak Y Ponder
Y Porter Y Powell YPurcell
YRagas Randall
YRay

On the motion, the ayes were 146, nays 0. The motion prevailed.

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 E Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre YSnelling YSnow

EStalUngs Stancil, F
Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper Y Thomas YTillman
Y Titus YTolbert ETrense Y Turnquest YTwiggB Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland
Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

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 Annotated, 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.

The following Senate substitute was read:

A BILL
To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for definitions; to provide for regulatory parity; to provide for confidentiality of departmental records and exceptions; to provide for rulemaking authority; to provide for conditions on approval of applications; to provide that the department may nullify its decisions under certain conditions; to provide for notice of banking location closings; to provide for corporate names; to provide for registered agents and offices; to clarify what constitutes acting as a fiduciary; to change provisions relating to real estate loans; to change provisions relating to the articles of incorporation and amendment; to provide for conditions on conversion; to provide for streamlined or alternative departmental approval procedures under certain conditions; to change provisions relating to mortgage broker and mortgage lender licenses; to change provisions relating to departmental examinations; to make conforming changes; 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 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by adding between paragraphs (22) and (23) of Code Section 7-1-4, relating to definitions, a new paragraph (22.5) to read as follows:

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"(22.5) 'Main office' means the principal banking location of a bank as such location appears in the records of the Department of Banking and Finance. If a bank does not designate a main office, the department shall choose a banking location of the bank to be the main office."
SECTION 2. Said chapter is further amended by striking paragraph (30) of Code Section 7-1-4, relating to definitions, and inserting in lieu thereof three new paragraphs to read as follows:
"(29.5) 'Registered agent' means the person or corporation on whom service of process is to be made in a proceeding against a bank. Written notice of any change in the identity or address of a bank's registered agent must be delivered to the Department of Banking and Finance in addition to and at the same time as such notice is filed with the Secretary of State. The provisions of Part 1 of Article 5 of Chapter 2 of Title 14 shall apply to any such registered agent. (30) 'Registered office' means the location of the registered agent and may be a banking location. (30.5) 'Retained earnings' means the balance of the net profits, income, gains, and losses from the date of incorporation or from the latest date when a deficit was last eliminated of a financial institution whose articles were granted by the Secretary of State and excludes subsequent distributions to shareholders and transfers to appropriated retained earnings. Retained earnings shall also include any portion of paid-in capital or appropriated retained earnings or, in the case of other organizations, equivalent funds, allocated to retained earnings in mergers, consolidations, or acquisitions of all or substantially all of the property or assets of another such financial institution or other organization permitted by law."
SECTION 3. Said chapter is further amended by striking Code Section 7-1-7, relating to publication of notices or advertisements, and inserting in lieu thereof a new Code Section 7-1-7 to read as follows:
"7-1-7.
(a) Except as otherwise expressly provided, any notice or advertisement required by this chapter to be published in a newspaper shall be published once a week for four weeks in the newspaper which is, on the date of the first such publication, the official organ (as determined pursuant to Code Section 9-13-142) of the county which is or is to be the location of the registered main office of the financial institution. (b) The department may waive or modify any requirement to publish a notice:
(1) In order to facilitate a merger, consolidation, or sale of assets pursuant to paragraph (3) of subsection (c) of Code Section 7-1-601, whether with an existing bank or a bank newly organized as a successor to a failing bank; (2) Whenever it determines that multiple publications are required te facilitate a series ef- transactions without commensurate ptribife benefit being served- by the seeende* ethe* farther publication ef- substantially the same transaction as was the subject ef the fiwt publication; ef the public benefit is not significantly served by a second or subsequent publication in a situation where a series of transactions would otherwise require multiple publications; (3) Where a similar publication required by another state or federal regulator serves substantially the same purpose; (4) By regulation or order, whenever it determines that a lesser number of publications will reduce administrative burden and will adequately serve the public benefit of the notice; provided, however, e event shati the regulation provide for the publi-
(5) For other reasons of regulatory parity. (c) The department may require proof of publication or modified publication having been completed prior to consummation of the underlying transaction."
SECTION 4. Said chapter is further amended by striking Code Section 7-1-67, relating to reports of examinations, and inserting in lieu thereof a new Code Section 7-1-67 to read as follows:

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"7-1-67.
(a) Any official who shall make an examination pursuant to this chapter shall reduce the result thereof to writing in such form as shall be prescribed by the department. Such report shall contain a full, true, and correct statement of the condition of the financial institution in the case of a comprehensive examination or of the matter subject to inquiry in the case of other examinations. (b) Each report shall be the property of the regulatory agency which generates such report; provided, however, that a copy of such report may be furnished to the examined financial institution for its internal, confidential use. A financial institution or any officer, director, or employee thereof shall not disclose a report or any portion of its contents. If a subpoena or discovery request is received for a report or any portion of its contents, the financial institution must deliver a copy of such subpoena or discovery request to the department immediately."
SECTION 5. Said chapter is further amended by striking subsection (c) of Code Section 7-1-68, relating to reports to the department, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Every financial institution shall publish annually abstract summaries of two of its reports of condition designated for this purpose by the department and shall file proof of such publication with the department. Such publication shall be made only once in a newspaper of general circulation in the county of the registered main office of the institution. The department may waive this requirement, in whole or in part, with respect to financial institutions which make their financial statements readily available to the public, including their customer base, and with respect to a class of financial institutions which does not do business with the public generally and may limit the required publication to the customer base served by the institution."
SECTION 6. Said chapter is further amended by striking Code Section 7-1-70, relating to disclosure of information by the department, and inserting in lieu thereof a new Code Section 7-1-70 to read as follows:
"7-1-70.
(a) Records of the department, regardless of the medium by which stored, are confidential. Except as otherwise provided in subsection {b} ef this Code section, this chapter, or departmental rule or regulation, and, notwithstanding the provisions of Article 4 of Chapter 18 of Title 50, such records shall not be open to inspection by or made available to the public. The the commissioner and all other officials and employees of the department shall not disclose facts and information obtained in the course of their duties, including information obtained from examinations, investigations, and reports as required or authorized in this part. The department may, however, provide by rule, regulation, or order for public access to certain records which, in the opinion of the commissioner, do not contain sensitive information and from which disclosure the public would benefit. (b) Subject to the exceptions, safeguards, and limitations contained in subsection (c) of this Code section, the 3%e restrictions of subsection (a) of this Code section shall not apply to disclosures:
(1) Within the department or made to the Governor in the course of official duties; (2) Required by law, including disclosures required by subpoena or other legal process of a court or administrative agency having competent jurisdiction in legal proceedings where the financial institution is a party or where the information is not otherwise available upon direct subpoena of a financial institution; (3) In prosecutions or other court actions to which the department or the commissioner is a party; (4) Made to federal bank supervisory agencies^ er to the United States Department of Justice (including the Federal Bureau of Investigation^ er te the United States Department of the Treasury; ef te the Georgia Bureau of Investigation or local law enforcement authorities;

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(5) Made to any officer, attorney, or director of the financial institution involved or with the written consent of said financial institution; (6) Made in a summary of condition of financial institutions published by the department; (7) Of general economic and similar data considered by the department in regard to requests for new articles, new branches, changes in the location of facilities, or similar matters made to parties interested in the department's action in regard thereto; and (8) Made to a financial institution concerning the past job performance of a prospective employee with the written consent of such prospective employee, provided such written consent shall not be required in circumstances provided for in Code Section 7-1-840.
(c) The following exceptions, safeguards, and limitations shall apply: (1) Disclosures made under subsection (b) of this Code section shall be made, where appropriate, under safeguards designed to prevent further dissemination of confidential data; provided, however, that for disclosures of suspected criminal activity made under paragraph (4) of subsection (b) of this Code section, the confidentiality safe" . already in place within those agencies shall be considered adequate. Except for disclosures under paragraph (2) of subsection (b) of this Code section, the department shall not be required to make authorized disclosures where it deems such disclosures undesirable^ (2) All disclosures shall be limited to only those documents directly relevant to the inquiry or legal dispute at issue; and (3) The documents listed below shall be considered absolutely privileged and confidential and shall be exempt from open inspection and not subject to disclosure by the department without a specific order of court pursuant to Code Section 7-1-90, which order specifically holds the public interest in the safety and soundness of the banking system and its regulation to be outweighed by other interests of justice. Such exempt documents shall include:
(A) Departmental internal investigations, documents, and notes which reflect the deliberative processes of employees: (B) Opinions provided in confidence to the department regarding proposed new banks;
(C) Informal notes and memos of the department that are not purely factual in nature; (D) Advisory opinions; (E) Recommendations, summaries, and analyses that are utilized for departmental internal purposes and are not final orders or reports; and (F) Other similar materials or notes. (d) Notwithstanding any other provision of this Code section, the commissioner may, without waiving any privilege, authorize access to confidential supervisory information for any appropriate governmental, law enforcement, or other public purpose."
(e) Violation of this Code section shall be grounds for removal from office."

SECTION 7. Said chapter is further amended by striking Code Section 7-1-76, relating to the department's ability to act on applications, and inserting in lieu thereof a new Code Section 7-1-76 to read as follows:
"7-1-76.
(a) Failure of the department to act within any of the time limits established by this chapter or regulations issued pursuant thereto shall not deprive the department of jurisdiction thereafter to act in regard to the matter involved without need for resubmittal of any application, request, or similar action. (b) Any action, application, or request requiring department approval under this chapter may be withdrawn by the applicant prior to department action thereon without prejudice to the applicant's right to resubmit such application at a later date. If such application has been forwarded to the department through the Secretary of State, the

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department shall notify the Secretary of State of any such withdrawal and that the application or request is no longer pending. (c) The department may impose conditions on any approval, including but not limited to conditions designed to address competitive, financial, managerial, safety and soundness, convenience and needs, compliance, and other concerns, to ensure that such approval is consistent with the provisions of this chapter. (d) The department may nullify a decision on any request, action, or application if:
(1) The department becomes aware of any material misrepresentation or omission by the applicant; (2) The department is not promptly informed by the applicant of a subsequent material change in circumstances; (3) The decision is contrary to law, regulation, or departmental policy; or (4) The decision was granted due to clerical or administrative error or was based on a material mistake of law or fact."
SECTION 8. Said chapter is further amended by striking subsection (h) of Code Section 7-1-91, relating to orders of the department, enforcement and penalties, and inserting a new paragraph (h) to read as follows:
"(h) The term 'financial institution' as used in this Code section shall include those entities required to be licensed pursuant to Article 4A of this chapter and any officer, director, employee, agent, or other person participating in the conduct of the affairs of the financial institution subject to the orders issued pursuant to this Code section."
SECTION 9. Said chapter is further amended by adding following Code Section 7-1-111 a new Code Section 7-1-111.1 to read as follows:
"7-1-111.1
Before a financial institution may close a banking location, it must post at such location in a conspicuous place at least 30 days in advance of such closing a notice of intent to close. Such notice must remain posted for at least 30 consecutive days. Customers of a banking location shall be considered to have received notice if the requirements of this Code section have been met."
SECTION 10. Said chapter is further amended by striking Code Section 7-1-130, relating to permissible names, and inserting a new Code Section 7-1-130 to read as follows:
"7-1-130.
(a) The name of a financial institution shall not contain the words 'Government,' 'Official,' 'Federal,' 'National,' or 'United States' or any abbreviation of any such words and shall not in the opinion of the department:
(1) Resemble so cloocly the ttesne of any ether financial institution transacting busi aess the relevant financial market as te eaase detriment e* disadvantage te the financial inotitution already transacting business Be indistinguishable from the corporate name of another financial institution conducting a banking business in this state as reflected in the records of the department; or (2) Contain any word which may lead to the conclusion that the financial institution is authorized to perform any act or conduct any business which it is unauthorized or forbidden to perform by law, its articles, or otherwise. (b) A financial institution may, without regard to subsection (a) of this Code section, use: (1) Its name in use on April 1, 1975; (2) A name in use on April 1, 1975, by another financial institution which is adopted by:
(A) A financial institution which is the resulting institution in a plan of merger or consolidation to which the institution using the name is a party; or

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(B) A financial institution which is incorporated under this chapter in pursuance of a plan of segregating the banking business and the trust business of the institution using the name; or (3) A name of another financial institution er resembling that ef another financial inatitution already transacting business with the consent of the latter institution^ provided that the names are distinguishable in the records of the Secretary of State."
SECTION 11. Said chapter is further amended by striking Code Section 7-1-131, relating to reservation of a name, and inserting in lieu thereof a new Code Section 7-1-131 to read as follows:
"7-1-131.
(a) The exclusive right to use a corporate name permitted to be used by a financial institution may be reserved by a person intending to incorporate such an institution er by a corporation intending to engage in business in this state as a financial institution^ Of by a financial institution intending to change its name2 or by a national bank, a federal credit union, or a savings and loan association intending to convert into a financial institution organized under the laws of this state. (b) Such reservation may be made by filing with the department an a letter form application k duplicate to reserve a specified name. If the department concludes that the use of the name complies with the requirements of Code Section 7-l-130j and is otherwise consistent with the purposes and provisions of this chapter, and is distinguishable upon the records of the Secretary of State from the name of any other corporation, limited partnership, or professional association, it shall reserve approve the name and notify the Secretary of State ef- to issue such name reservation. (c) The right to the exclusive use of a name reserved pursuant to this Code section may be transferred to anyone who would be entitled to reserve such name under this Code section except for such prior reservation by filing with the department a notice of the transfer which shall be executed by the transferor who reserved the name and which shall set forth the name and address of the transferee. The department shall send a copy of such notice to the Secretary of State. (d) The deportment may revoke any reservation if-, after hearing, -th deportment finds tnftt uic flppiicfliion mereior 01* fluy trflnsicr wfts not mfictc us ood iftiwi "Of ouierwisc et a conformity with tewr i& Notwithstanding any other provisions of law, the process set forth in this Code section shall be the exclusive process for reserving the corporate name of a financial institution."
SECTION 12. Said chapter is further amended by striking Code Section 7-1-132, relating to registered offices, and inserting in lieu thereof a new Code Section 7-1-132 to read as follows:
"7-1-132.
(a) Every financial institution shall continuously maintain a registered agent and a registered office. Such agent and office shall be located in a county in this state where the financial institution is authorized to conduct its general business; and, in the case of financial institutions subject to Chapter 2 or 3 of Title 14, such agent and office shall be the same effiee as its registered effiee as is required under those chapters. (b) Not later than April tr, WW September 30. 1998, every financial institution shall file with the department a statement designating the name of its registered agent and the place of its registered office by street, post office address, and county. In the event of the failure of an institution to file said statement, the registered agent shall be the chief executive officer of the bank and the registered office of the institution shall be as designated by the department the business address where the chief executive officer is located. (c) A financial institution may change2 {and a new financial institution may establish^ its registered agent and the location of its registered office by filing a statement with the department designating the name of the new registered agent or the street, post office address, and county of its new registered office or both, provided that no change

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in the registered agent or office shall affect actions or proceedings commenced before the time of said change. (d) Nothing contained in this Code section shall affect the obligation of a financial institution to file information with the Secretary of State."
SECTION 13. Said chapter is further amended by striking Code Section 7-1-242, relating to restrictions on corporate fiduciaries, and inserting in lieu thereof a new Code Section 7-1-242 to read as follows:
"7-1-242.
(a) No corporation, partnership, or other business association may lawfully act as a fiduciary in this state except:
(1) A financial institution authorized to act in such capacity pursuant to the provisions of Georgia law; (2) A trust company; (3) A national bank or a state bank located lawfully doing a banking business in this state and authorized to act as a fiduciary under the laws of the United States or another state; (4) A savings bank or savings and loan association located lawfully doing a banking business in this state and authorized to act as a fiduciary under the laws of the United States or another state; (5) Attorneys at law licensed to practice in this state, whether incorporated as a professional corporation or otherwise; (6) An investment adviser registered pursuant to the provisions of 15 U.S.C. 80b-3 or Code Section 10-5-3, provided this exception shall not authorize an investment adviser to act in any fiduciary capacity subject to the provisions of Title 53, relating to wills, trusts, and the administration of estates; or (7) A securities broker or dealer registered pursuant to the provisions of 15 U.S.C. 78o or Code Section 10-5-3 acting in such fiduciary capacity incidental to and as a consequence of its broker or dealer activities. (b) Acting as a fiduciary for purposes of this Code section includes but is not limited to: (1) Accepting or executing trusts or otherwise acting as a trustee; (2) Administering real or tangible personal property located in Georgia or elsewhere. For the purposes of this paragraph, 'administer' means to possess, purchase, sell, lease, insure, safekeep, manage, or otherwise oversee; and (3) Acting pursuant to a court order as personal representative, executor, or administrator of the estate of a deceased person or as guardian or conservator for a minor or incapacitated person. (c) Nothing in this chapter shall be construed to repeal or to change Part 2 of Article 16 of Chapter 12 of Title 53, dealing with foreign trustees, or Part 3 of Article 16 of Chapter 12 of Title 53, dealing with certain foreign corporations acting as fiduciaries, or any other statutes or rules of law on such subjects."
SECTION 14. Said chapter is further amended by striking Code Section 7-1-286, relating to real estate loans, and inserting in lieu thereof a new Code Section 7-1-286 to read as follows:
"7-1-286.
(a) Except as provided in subsection (b) of this Code section, a bank shall make a loan secured by improved or unimproved real estate (including a leasehold) only where such loan is:
(1) Secured by a mortgage, deed of trust, security deed, or similar instrument providing a first lien or a first security title or is otherwise secured in accordance with regulations prescribed by the department; (2) For not more than 75 percent of the fair market value of the real estate in the case of a single maturity loan or for not more than 96 95 percent of the fair market

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value of the real estate in the case of loans that must be regularly amortized; provided, however, that these limitations shall not apply to:
(A) Any loan secured by real estate made to finance construction of an improvement or development, in which case the amount of the loan shall not exceed 100 percent of the estimated completed value of the improvements; (B) Any loan which the federal housing administrator insures or makes a commitment to insure; (C) Any loan which the secretary of veterans affairs guarantees or makes a commitment to guarantee; er (D) Any loan secured by a mortgage, deed of trust, security deed, or similar instrument providing for a nonpurchase money lien on residential real property owned and occupied by the borrower, provided that such loan may not exceed 100 percent of the fair market value of the real estate after deducting all outstanding liens on the property; or (E) Any other type of loan or a portion thereof with respect to which the department determines that banks may safely extend loans in excess of the foregoing limitations; (3) Conforms with requirements as to duration, amortization, appraisal, insurance, and documentation, as may be prescribed by regulation of the department. (b) The limitations of subsection (a) of this Code section shall not apply to: (1) An investment security acquired pursuant to Code Section 7-1-287; (2) A loan in connection with which the bank takes a real estate lien as security in the exercise of banking prudence but as to which it is reiving for repayment on: (A) The general credit of the obligor or of an installment buyer or of a lessee of the real estate; (B) Collateral other than the real estate lien; (C) A guaranty or an agreement to take over or purchase the loan, in the event of default, by a financially responsible person other than a person engaged in the business of guaranteeing real estate loans; or (D) An agreement by a financially responsible person to take over or purchase the loan, or to provide funds for payment thereof, within a period of two years from the date of the loan; and there is a certificate of reliance setting forth the applicable facts. (c) For the purpose of this Code section, a 'leasehold' shall mean the interest, which is security for a loan, of a lessee of real estate under a lease which on the date of the loan has an unexpired term extending at least ten years beyond the maturity of the loan or contains a right of renewal, which may be exercised by the bank, extending at least ten years beyond the maturity of the loan. (d)-?%e aggregate amount ef aH leans by a bank subject te the requirements ef subscc' ties* {a} ef this Jede seetwn shall et at ay tie exceed the greater efe (1) The statutory capital base ef the teaak-; ef
(2) The total time ertd savings deposits ef-the baskr
{e} Notwithstanding any other provisions of this chapter and otherwise subject to regulations of the department, a bank or trust company may acquire, directly or indirectly, an ownership interest in real estate incidental to the financing of the purchase, development, or improvement of such real estate, provided:
(1) The amount of such ownership interest shall not exceed 25 percent of the appraised value of the real estate;
(2) The amount of such ownership interest when aggregated with the amount financed shall not exceed the limitations prescribed by this Code section and Code Section 7-1-285;
(3) The ownership interest shall be terminated upon substantial repayment of the financing in the manner prescribed in Code Section 7-1-263, relating to the divestiture of real estate interest; and
(4) Any time real estate owned by a bank or trust company pursuant to the provisions of Section 4 of this Act is held or disposed of pursuant to the provisions of Code Section 7-1-263, said action to hold or dispose shall be reported in writing annually to

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the stockholders. Said report shall include disclosure of any real estate acquired by foreclosure or the taking by a deed in lieu of foreclosure and the name or names of the corporation or individuals from whom title was taken."
SECTION 15. Said chapter is further amended by striking Code Section 7-1-392, relating to the contents, filing, advertisement, and notice of articles of incorporation, and inserting in lieu thereof a new Code Section 7-1-392 to read as follows:
"7-1-392.
(a) The articles of incorporation shall be signed by each of the incorporators and shall set forth in the English language:
(1) The name of the bank or trust company; (2) The street address and county m which it where the main office will be located; (3) For institutions chartered after July 1^ 1998, the name of the initial registered
(4) The location street address where its initial registered office will be located; f4>(5) A brief statement of the purpose or purposes for which it is incorporated, that it is incorporated under this chapter, and whether it shall be solely a bank, solely a trust company, or both a bank and trust company; {6}(6) The term for which it is to exist, which shall be perpetual unless otherwise limited; {6K7) The aggregate number of shares which the bank or trust company shall have authority to issue, and
(A) If the shares are to consist of one class only, the par value of each of the shares; or (B) If the shares are to be divided into classes, the number of shares of each class, the par value of each share of each class, a description of each class, and a statement of the preferences, redemption provisions, qualifications, limitations, restrictions, and the special or relative rights granted to or imposed upon the shares of each class; W{8J The name, place of residence, and post office address of each incorporator; {8>(9) The name, occupation, citizenship, place of residence, and post office address of each of the first directors, which number shall not be less than five; and {9K10) Any provision not inconsistent with law which the incorporators may choose to insert for the regulation of the internal affairs and business of the bank or trust company. (b) It shall not be necessary to set forth in the articles any of the corporate or operational powers set forth in this chapter. (c) The incorporators shall file with the department, in triplicate, the articles, together with the fee required by Code Section 7-1-862. Such filing shall constitute an application for a certificate of incorporation. Immediately upon the filing of the articles, the department shall certify one copy thereof and return it to the applicants, who shall, in conformity with Code Section 7-1-7 and on the next business day following the filing of the articles, earne te be published a transmit for publication a copy of the articles or, in lieu thereof, a statement in substantially the following form: 'An application for a certificate of incorporation of a (bank, trust company, or bank and trust company) to be known as the _______ and to be located at__________ in ____________ County, Georgia, will be made to the Secretary of State of Georgia by (names and addresses of incorporators) in accordance with the applicable provision of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, known as the 'Financial Institutions Code of Georgia.' A copy of the articles of incorporation of said proposed (bank, trust company, or bank and trust company) and the application have been filed with the Department of Banking and Finance. The following persons have been proposed as the initial directors: (names and addresses of proposed directors).'

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to the newspaper which is the official organ of the county where the main office will be located. The articles or the statement must be published once a week for two consecutive weeks with the first publication occurring within ten days of receipt by the newspaper of the articles or statement. (d) A registered agent shall be named for each financial institution that is a corporation. and each financial institution shall inform the department and the Secretary of State of its current registered agent."
SECTION 16. Said chapter is further amended by striking subsection (c) of Code Section 7-1-394, relating to departmental investigation, approval, and disapproval, and inserting in lieu thereof two new subsections to read as follows:
"(b.l) The procedure and criteria used in the review of a request to establish an additional banking location pursuant to Code Sections 7-1-601 and 7-1-602 may be streamlined and abbreviated as provided by departmental rule, regulation, or written policy.
(c) Nothing contained in this Code sectio^ e* w Code Section 7-l-608j or Code Section 7-1-622 shall limit the authority of the department to approve the organization of a special purpose bank or trust company which does not do a general banking business with the public but is organized for the purpose of conducting a limited banking business which facilitates the economic, commercial, or export-import trade growth of this state. The department may establish, by rule or by condition to its approval of articles of incorporation of any special bank or of any credit card bank incorporated under the provisions of Chapter 5 of this title, such special provisions concerning distribution of ownership, composition of the board of directors, bylaws, or the conduct of corporate affairs for any such special purpose bank or credit card bank incorporated under the provisions of Chapter 5 of this title as it determines to be consistent with the special nature of such charters and their efficient operation and safe and sound banking practice; provided, however, in no event shall fewer than a majority of the directors of such special purpose bank or credit card bank be residents of this state."
SECTION 17. Said chapter is further amended by striking subsection (d) of Code Section 7-1-396, relating to the effect of a certificate of incorporation, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The department shall issue to a bank or trust company a permit to begin business when:
(1) Capital stock of the bank or trust company shall have been fully paid in, in cash, and in no event in an amount less than the minimum capital stock for banks or trust companies under Code Section 7-1-410, and, in addition, there shall have been paid in:
(A) Paid-in capital in an amount not less than 20 percent of the capital stock; (B) An expense fund in an amount fixed by the department which shall not be less than 5 percent of the capital stock; and (G) The proceeds of subordinated securities, if any, which were considered part of the capital structure of the bank or trust company by the department under Code Section 7-1-419 in giving its approval of the proposed institution; (2) All of the directors have taken the oath or affirmation required by Code Section 7-1-484;
(3) The bylaws of the bank or trust company have been filed with the department; (4) The bank or trust company has designated its registered agent and registered office pursuant to Code Section 7-1-132; (5) The bank or trust company has been organized and is ready to begin the business for which it was incorporated; (6) All conditions imposed by the department in giving its approval of the proposed bank or trust company under Code Section 7-1-394 have been satisfied; and (7) The department has received an affidavit signed by the president or secretary and by at least a majority of the directors of the bank or trust company to the effect that all of the foregoing requirements of this subsection have been satisfied."

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SECTION 18. Said chapter is further amended by striking Code Section 7-1-410, relating to minimum capital stock, and inserting in lieu thereof a new Code Section 7-1-410 to read as follows:
"7-1-410.
(a) Except as provided in subsections (b) and (c) of this Code section, the minimum capital stock of a de novo bank or trust company shall be $3 million. (b) A de novo bank or trust company whose registered main office is located in a county with a population of less than 200,000, according to the last official United States census, shall have a minimum capital stock of $2 million. (c) A bank or trust company existing on July 1, 1989, with a capital stock of less than that required by subsections (a) and (b) of this Code section shall not be required to increase its capital stock above the amount outstanding on July 1, 1989, except as otherwise provided by law."
SECTION 19. Said chapter is further amended by striking subsection (a) of Code Section 7-1-432, relating to meetings of shareholders, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Meetings of the shareholders of a bank or trust company shall be held at such place within or without the state as shall be fixed by the bylaws or by the board of directors pursuant to the bylaws or, if not so fixed, at the registered main office of the bank or trust company."
SECTION 20. Said chapter is further amended by striking subsection (a) of Code Section 7-1-439, relating to books and records, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Each bank and trust company shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its shareholders, board of directors, and committees of directors; and each bank and trust company shall keep at its registered office or principal pktee ef business main office or at the office of its transfer agent or registrar a record of its shareholders, giving the names and addresses of all shareholders and the number, class, and series, if any, of the shares held by each."
SECTION 21. Said chapter is further amended by striking Code Section 7-1-510, relating to authorized amendments and restatements of articles, and inserting in lieu thereof a new Code Section 7-1-510 to read as follows:
"7-1-510.
(a) A bank or trust company may, in the manner provided in this part, amend its articles at any time in order to make any change therein which would then be authorized for inclusion in original articles under this chapter, including without limitation an amendment:
(1) To adopt a new name permitted to be used under this chapter; (2) To renew the term for which it is to exist or to provide for perpetual duration; (3) To change, add to, or diminish the statement of its purpose or purposes; (4) To increase or diminish the aggregate number of shares which it has authority to issue or to reclassify the shares by changing the number, par value, designations, preferences, redemption provisions, or relative, participating, optional, or other special rights of the shares or the qualifications, limitations, or restrictions of such rights, either with or without an increase or decrease in the number of shares; (5) To restate the articles in their entirety; (6) To change its main office location to a new location in the same county; (7) To change its main office location from one county to another, provided that, unless the bank or trust company already lawfully has offices in both counties, it may not retain banking or trust offices in the county from which it is moving; or

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(8) In the case of a bank, to become a trust company and, in the case of a trust company, to become a bank, with or without retaining an existing capacity to engage in the banking or trust business as the case may be. (b) Articles restated in their entirety shall state the county of the current instead of the original place ef business main office of the bank or trust company and need not state the names or other information concerning the first directors or the incorporators. (c) Articles need not be amended for the addition or change of a registered agent or the change of a registered office. The bank or trust company shall, however, notify in writing the department and the Secretary of State of such changes."
SECTION 22. Said chapter is further amended by striking Code Section 7-1-512, relating to the execution, contents, filing, and effect of the articles of amendment, and inserting in lieu thereof a new Code Section 7-1-512 to read as follows:
"7-1-512.
(a) Upon the adoption of an amendment, articles of amendment shall be signed by two duly authorized officers of the bank or trust company under its seal and shall contain:
(1) The name of the bank or trust company; (2) The city street address and county of its registered main office; (3) Whether it was incorporated with banking or trust powers or both; (4) The tune and place of the meeting of shareholders at which the shareholders approved the resolution of the board of directors, as originally proposed or as amended, and the kind and period of notice given to the shareholders; (5) The number of shares entitled to vote on the amendment and, if the shares of any class are entitled to vote as a class, the number of shares of each such class; (6) The number of shares voted for and against the amendment and, if shares of any class are entitled to vote as a class, the number of shares of each such class voted for and against the amendment; and (7) The amendment adopted, which shall be set forth in full. (b) The articles of amendment shall be filed with the department in triplicate together with: (1) The fee required by Code Section 7-1-862; and (2) As soon as possible, a publisher's affidavit as proof of publication of the advertisement required by Code Section 7-1-513. (c) The filing of articles of amendment shall constitute an application for a certificate of amendment. If the articles of amendment involve a change in the name of a bank or trust company, it shall reserve the proposed new name under the procedures of Code Section 7-1-131."
SECTION 23. Said chapter is further amended by striking Code Section 7-1-513, relating to the certification, delivery, and publication of articles of amendment, and inserting in lieu thereof a new Code Section 7-1-513 to read as follows:
"7-1-513.
When the articles of amendment are filed, the department shall certify one of the copies thereof and deliver the same to the bank or trust company. The bank or trust company; conformity with Code Section 7-1-7, shall cause to be published in a publication as specified in the rules, regulations, or written policies of the department a copy of the articles of amendment or, in lieu thereof, a statement in substantially the following form:
NOTICE OF AMENDMENT An application for a certificate of amendment of its articles of incorporation has been made by (name of bank or trust company) by filing such application with the Department of Banking and Finance in accordance with the applicable provisions of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, known as the 'Financial Institutions Code of Georgia.' The (purpose) (purposes) of said articles of amendment (is)(are)(state the purpose of each amendment affected by the articles of amendment).

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The articles of amendment or the statement must be published once a week for two consecutive weeks with the first publication occurring within ten days of receipt bj the newspaper of the articles of amendment or statement."
SECTION 24. Said chapter is further amended by striking subsection (d) of Code Section 7-1-532, relating to the execution, filing, contents, and notice of articles of merger or consolidation, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) No later than the next business day after filing the articles of merger or consolidation with the department, the parties shall mail or deliver to the publisher of a newspaper which is the official organ of the county where the registered ta main office of each party is located a notice which shall contain a statement that the articles of merger or consolidation have been filed with the department, the names of the institutions which are parties to the proposed merger or consolidation, and the proposed name of the surviving bank or trust company and shall designate a place where a copy of the articles of merger or consolidation may be examined. Subsections (b) and (c) of Code Section 7-1-7 shall also apply to the notice."
SECTION 25. Said chapter is further amended by striking Code Section 7-1-555, relating to national to state bank or trust company conversions, mergers, and consolidations, and inserting in lieu thereof a new Code Section 7-1-555 to read as follows:
"7-1-555.
(a) Issuance of a certificate of merger or consolidation shall have the same effect stated in Code Section 7-1-536. (b) Issuance of a certificate of conversion shall have the following effect:
(1) As of the issuance of the certificate of conversion by the Secretary of State, the conversion shall become effective; (2) The certificate of conversion shall be conclusive evidence of the performance of all conditions required by this chapter for conversion of a national bank into a state bank or trust company, except as against the state; (3) When a conversion becomes effective, the existence of the national bank shall continue in the resulting bank or trust company which shall have (except as provided in paragraph (2) of this subsection), without further act or deed, all the property, rights, powers, trusts, duties, and obligations of the national bank; (4) The articles of the resulting institution shall be the provisions stated in the articles of conversion; (5) The bank or trust company shall have the authority to engage only in such business and exercise only such powers as are then permissible upon original incorporation under this chapter and shall be subject to the same prohibitions and limitations as it would then be subject to upon original incorporation; provided, however, that if the converting institution owns or holds assets or engages in any business that would not be allowed of a state bank, then the plan of conversion shall include a plan for disposal of such assets or the termination of such business within a reasonable time but in no event longer than four years from the date of conversion; and (6) No liability of the national bank or of its shareholders, directors, or officers shall be affected, nor shall any lien on any property of the national bank be impaired, by the conversion. Any claim existing or action pending by or against the national bank may be prosecuted to judgment as if the conversion had not taken place, or the resulting bank or trust company may be substituted in its place."
SECTION 26. Said chapter is further amended by striking subsection (b) of Code Section 7-1-605, relating to definitions applicable to bank holding companies and when a company is deemed to control shares, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) As used in this Code section and in Code Sections 7-1-606 through 7-1-608, the term:
(1) 'Bank' means the same as defined in Code Section 7-1-600.

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(2) 'Company' means any corporation, partnership, business trust, association, or similar organization, or any other trust unless by its terms it must terminate within 25 years or not later than 21 years and ten months after the death of individuals living on the effective date of the trust, but shall not include any corporation the majority of the shares of which are owned by the United States or by any state or any qualified family partnership as defined in the federal Bank Holding Company Act of 1956, as amended. (3) 'Subsidiary,' with respect to a specified bank holding company, means:
(A) Any company 25 percent or more of whose voting shares (excluding shares owned by the United States or by any company wholly owned by the United States) is directly or indirectly owned or controlled by such bank holding company or is held by it with power to vote; (B) Any company the election of a majority of whose directors is controlled in any manner by such bank holding company; or (C) Any company with respect to the management or policies of which such bank holding company has the power, directly or indirectly, to exercise a controlling influence, as determined by the commissioner after notice and opportunity for hearing. (4) 'Successor' shall include any company which acquires directly or indirectly from a bank holding company shares of any bank, when and if the relationship between such company and the bank holding company is such that the transaction effects no substantial change in the control of the bank or beneficial ownership of such shares of such bank. The commissioner may, by regulation, further define the term 'successor' to the extent necessary to prevent evasion of the purposes of this part."
SECTION 27. Said chapter is further amended by striking Code Section 7-1-606, relating to unlawful actions of bank holding companies and exceptions, and inserting in lieu thereof a new Code section 7-1-606 to read as follows:
"7-1-606.
(a)(l) On and after July 1, 1976, it shall be unlawful, except with the prior approval of the commissioner:
(A) For any action to be taken that causes any company to become a bank holding company; (B) For any action to be taken that causes a bank to become a subsidiary of a bank holding company; (C) For any bank holding company to acquire direct or indirect ownership or control of any voting shares of any bank if, after such acquisition, such company will directly or indirectly own or control more than 5 percent of the voting shares of such bank; (D) For any bank holding company or subsidiary thereof, other than a bank, to acquire all or substantially all of the assets of a bank; (E) For any bank holding company to merge or consolidate with any other bank holding company; or
(F) For any bank holding company to take any action which would violate the Federal federal Bank Holding Company Act of 1956, as amended.
(2) Notwithstanding paragraph (1) of this subsection, this prohibition shall not apply to:
(A) Shares acquired by a bank: (i) In good faith in a fiduciary capacity, except where such shares are held under a trust that constitutes a company as defined in paragraph (2) of subsection (b) of Code Section 7-1-605 and except as provided in paragraphs (2) and (3) of subsection (c) of Code Section 7-1-605; or
(ii) In the regular course of securing or collecting a debt previously contracted in good faith, but any shares acquired after July 1, 1976, in securing or collecting any such previously contracted debt shall be disposed of within a period of two years from the date on which they were acquired; e

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(B) Additional shares acquired by a bank holding company in a bank in which such bank holding company owned or controlled a majority of the voting shares prior to such acquisition:; or (C) Transactions for which the department has established bjr rule, regulation, or written policy a~streamlined or alternative procedure, if such procedure specifically dispenses with "the need for~approval by the commissioner. For the purpose of this paragraph, bank shares acquired after July 1, 1976, shall not be deemed to have been acquired in good faith in a fiduciary capacity if the acquiring bank or company has sole discretionary authority to exercise voting rights with respect thereto; but in such instances^ acquisitions may be made without prior approval of the commissioner if the commissioner, upon application filed within 90 days after the shares are acquired, approves retention or, if retention is disapproved, the acquiring bank disposes of the shares or its sole discretionary voting rights within two years after issuance of the order of disapproval. (b)(l) The commissioner shall not approve nor shall any other procedure authorize:
(A) Any acquisition or merger or consolidation under this Code section which would result in a monopoly or which would be in furtherance of any combination or conspiracy to monopolize or to attempt to monopolize the business of banking in any part of the State of Georgia; or (B) Any other proposed acquisition or merger or consolidation under this Code section whose effect in any section of the state may be substantially to lessen competition, or to tend to create a monopoly, or which in any other manner would be in restraint of trade, unless it finds that the anticompetitive effects of the proposed transaction are clearly outweighed in the public interest by the probable effect of the transaction in meeting the convenience and needs of the community to be
served. (2) In every case, the commigaienef department shall take into consideration the
financial and managerial resources and future prospects of the company or companies and the banks concerned and the convenience and needs of the community to be served.
(c) Nothing contained in this Code section shall affect the obligation of any person or company to comply with the provisions of any order of any court or of the commissioner
entered prior to July 1,1976. (d) The commissioner shall not grant any such contemplated approval until he shall
first cause reasonable public notice of the proposed action to be given in the area to be
affected and until he shall first afford to the public an opportunity to submit, for the commissioner's consideration, information, objections, and opinions as to the proposed action and its effect. The notice requirement may not apply in the case of a streamlined
procedure where the holding company meets certain qualifying criteria established by
rule, regulation, or written policy of the department. (e) Notwithstanding any other provisions of this part, a bank holding company which lawfully controls a bank or has received the requisite approvals under this Code section
to acquire control of a bank may, with the approval of the commissioner, or as otherwise provided in this chapter or by departmental rule or regulation, either at the time such
control is obtained or at any time thereafter, merge or consolidate such bank with another of such bank holding company's banking subsidiaries or have another of such
bank holding company's banking subsidiaries acquire all or substantially all of the assets of such bank and consequently operate as a branch of such other banking subsidiary.
Nothing in this subsection shall be deemed to supersede, rescind, or modify any provision, requirement, or condition of this Code section which would otherwise be applicable
to any acquisition of a banking subsidiary by a bank holding company under this Code section, nor shall it be deemed to supersede, rescind, or modify any provision, require-
ment, or condition of Part 14, 15, or 16 of this article which would otherwise be applicable to any merger of banks or the acquisition or any sale of all or substantially all of
the assets of a bank."
SECTION 28. Said chapter is further amended by striking subsection (b) of Code Section 7-1-1002, relating to the prohibition on and penalties for transacting business as a mortgage broker or

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JOURNAL OF THE HOUSE,

mortgage lender without a license or exemption, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) On and after July 1, 1995, it is prohibited for any person, as defined in Code Section 7-1-1000, including a corporation but not including any natural person who purchases five or fewer mortgage loans in any one calendar year, knowingly to purchase^ sell, or transfer one or more mortgage loans from or to a mortgage broker or mortgage lender who is neither licensed nor exempt from the licensing or registration provisions of this article. Such a purchase shall not affect the obligation of the borrower under the terms of the mortgage loan. The department shall provide for distribution or availability of information regarding approved or revoked licenses."
SECTION 29. Said chapter is further amended by striking subsections (e) and (h) through (i) from Code Section 7-1-1004, relating to investigations of and requirements relative to an applicant for a mortgage broker or mortgage lender license or registration, and inserting in lieu thereof four new subsections to read as follows:
"(e) The department may not issue or may revoke a license if it finds that the applicant, or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the applicant, has been convicted of a felony involving moral turpitude in any jurisdiction or of a crime which, if committed within this state, would constitute a felony involving moral turpitude under the laws of this state. For the purposes of this article, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty to a charge thereof before a court or federal magistrate, or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof, unless such plea of guilty, or such decision, judgment, or verdict, shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or unless the person convicted of the crime shall have received a pardon therefor from the President of the United States or the Governor or other pardoning authority hi the jurisdiction where the conviction was had, or shall have received a certificate of good conduct granted by the State Board of Pardons and Paroles pursuant to the provisions of the executive law to remove the disability under this subsection because of such conviction." "(h) The department shall not issue a license to and may revoke a license from an applicant or licensee if such person employs any other person against whom a final cease and desist order has been issued within the preceding 12 months, if such order was based on a violation of Code Section 7-1-1013 or based on the conducting of a mortgage business without a required license, or whose license has been revoked within 12 months of the date such person was hired. (i) Within 90 days after receipt of a completed application and payment of licensing fees prescribed by this article, the department shall either grant or deny the request for license. {i}(jl A person shall not be indemnified for any act covered by this article or for any fine or penalty incurred pursuant to this article as a result of any violation of the law or regulations contained in this article, due to the legal form, corporate structure, or choice of organization of such person, including but not limited to a limited liability corporation."
SECTION 30. Said chapter is further amended by striking Code Section 7-1-1009, relating to books, accounts, and records, and investigation and examination of mortgage broker and mortgage lender licensees and registrants, and inserting in lieu thereof a new Code Section 7-1-1009 to read as follows:
"7-1-1009.
(a) Any person required to be licensed or registered under this article shall maintain in its offices or such other location as the department shall permit such books, accounts, and records as the department may reasonably require in order to determine whether

TUESDAY, MARCH 10, 1998

1769

such person is complying with the provisions of this article and rules and regulations adopted in furtherance thereof. Such books, accounts, and records shall be maintained apart and separate from any other business in which such person is involved. (b) The department may, by its designated officers and employees, as often as it deems necessary, but at least once every 24 months, investigate and examine the affairs, business, premises, and records of any person required to be licensed or registered under this article insofar as they such affairs, business, premises, and records pertain to any business for which a license or registration is required by this article. Notwithstanding the provisions of this subsection, the department has the discretion to examine a person less frequently, provided that its record of complaints, comments, or other information demonstrates that person's ability to meet the standards of Code Sections 7-1-1003 and 7-1-1004. In the case of registrants, the department shall not be required to conduct such examinations if it determines that the registrant has been adequately examined by a federal another bank regulatory agency. In order to avoid unnecessary duplication of examinations, the department may accept examination reports performed and produced by other state or federal agencies, unless the department determines that the examinations are not available or do not provide information necessary to fulfill the responsibilities of the department under this article. (c) The department, at its discretion, may:
(1) Make such public or private investigations within or outside of this state as it deems necessary to determine whether any person has violated or is about to violate this article or any rule, regulation, or order under this article, to aid in the enforcement of this article, or to assist in the prescribing of rules and regulations pursuant to this article; (2) Require or permit any person to file a statement in writing, under oath or otherwise as the department determines, as to all the facts and circumstances concerning the matter to be investigated; and
(3) Disclose information concerning any violation of this article or any rule, regulation, or order under this article, provided the information is derived from a final order
of the department. (d)(l) For the purpose of conducting any investigation as provided in this Code section, the department shall have the power to administer oaths, to call any party to testify under oath in the course of 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 department is authorized to issue a subpoena for any witness or for the production of documentary evidence. Such subpoenas may be served by certified mail, return receipt requested, to the addressee's business mailing address, by examiners appointed by the department, or shall be directed for service to the sheriff of the county where such witness resides or is found or where the person in custody of any books, records, or paper resides or is found. The required fees and mileage of the sheriff, witness, or person shall be paid from the funds in the state treasury for the use of the department in the same manner that
other expenses of the department are paid. (2) The department may issue and apply to enforce subpoenas in this state at the request of a government agency regulating mortgage lenders or brokers of another state if the activities constituting the alleged violation for which the information is sought would be a violation of this article if the activities had occurred in this state.
(e) In case of refusal to obey a subpoena issued under this article to any person, a superior court of appropriate jurisdiction, upon application by the department, may issue to the person an order requiring him or her to appear before the court to show cause why he or she should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished as contempt by the court.
(f) Examinations and investigations conducted under this article and information obtained by the department in the course of its duties under this article are confidential j except as provided in this subsection, pursuant to the provisions of Code Section 7-1-70. In addition to the exceptions set forth in subsection (b) of Code Section 7-1-70 and in paragraph (3) of subsection (c) of this Code section, the department is authorized

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JOURNAL OF THE HOUSE,

to share information obtained under this article with other state and federal regulatory agencies or law enforcement authorities. In the case of such sharing, the safeguards to confidentiality already in place within such agencies or authorities shall be deemed adequate. Information contained in the records of the department which is not confidential and may be made available to the public upon receipt by the department of a written request shall include the name, business address, and license number of a licensee or registrant and the owner or owners thereof, the name and business address of a licensee's or registrant's agent for service, and the terms of or a copy of any bond filed by a licensee or registrant. (g) In the absence of malice, fraud, or bad faith, a person is not subject to civil liability arising from the filing of a complaint with the department or furnishing other information required by this Code section or required by the department under the authority granted in this article. No civil cause of action of any nature shall arise against such person:
(1) For any information relating to suspected prohibited acts furnished to or received from law enforcement officials, their agents, or employees; (2) For any such information furnished to or received from other persons subject to the provisions of this title; or (3) For any such information furnished in complaints filed with the department, (h) The commissioner or any employee or agent is not subject to civil liability, and no civil cause of action of any nature exists against such persons arising out of the performance of activities or duties under this article or by publication of any report of activities under this Code section."
SECTION 31. Said chapter is further amended by striking Code Section 7-1-1017, relating to suspension or revocation of a mortgage broker or mortgage lender license, and inserting in lieu thereof a new Code Section 7-1-1017 to read as follows:
"7-1-1017.
(a) The department may suspend or revoke an original or renewal license or registration on any ground on which it might refuse to issue an original license or registration or for a violation of any provision of this article or any rule or regulation issued under this article^ including failure to provide fees on a timely basis, or for failure of the licensee or registrant to pay, within 30 days after it becomes final, a judgment recovered in any court within this state by a claimant or creditor in an action arising out of the licensee's or registrant's business in this state as a mortgage lender or mortgage broker. In addition to the foregoing, where an applicant or licensee has been found not in compliance with an order for child support as provided in Code Section 19-6-28.1 or 19-11-9.3, such action is sufficient grounds for refusal of a license or suspension of a license. In such actions, the hearing and appeal procedures provided for in those Code sections shall be the only such procedures required under this article. The department shall be permitted to share, without liability, information on its applications or other forms with appropriate state agencies to assist them in recovering child support when required by law. (b) Notice of the department's intention to enter an order denying an application for a license or registration under this article or of an order suspending or revoking a license or registration under this article shall be given to the applicant, licensee, or registrant in writing, sent by registered or certified mail addressed to the principal place of business of such applicant, licensee, or registrant. Within 20 days of the date of the notice of intention to enter an order of denial, suspension, or revocation under this article, the applicant, licensee, or registrant may request in writing a hearing to contest the order. If a hearing is not requested in writing within 20 days of the date of such notice of intention, the department shall enter a final order regarding the denial, suspension, or revocation. Any final order of the department denying, suspending, or revoking a license or registration shall state the grounds upon which it is based and shall be effective on the date of issuance. A copy thereof shall be forwarded promptly by registered or certified mail addressed to the principal place of business of such applicant, licensee, or registrant.

TUESDAY, MARCH 10, 1998

1771

(c) A licensee or registrant may, at the discretion of and with the consent of the department, agree to a voluntary suspension of its license or registration for a period of time to be agreed upon by. the parties. Such order of suspension shall be considered a final order and shall be forwarded to the licensee or registrant in the same manner as any other final order. Grounds for such a voluntary suspension shall be the same as provided in subsection (a) of this Code section, and the licensee or registrant may waive its right to an administrative hearing before issuance of the suspension. (d) A decision of the department denying a license or registration, original or renewal, shall be conclusive, except that it may be subject to judicial review under Code Section 7-1-90. A decision of the department suspending or revoking a license or registration shall be subject to judicial review in the same manner as a decision of the department to take possession of the assets and business of a bank under Code Section 7-1-155. {er>(e) Except as otherwise provided by law, a revocation, suspension, or surrender of a license or registration shall not impair or affect the obligation of a preexisting contract between the licensee and another person. {e}4f) Nothing in this article shall preclude a person whose license or registration has been suspended or revoked from continuing to service mortgage loans pursuant to servicing contracts in existence at the time of the suspension or revocation for a period not to exceed six months after the date of the final order of the department suspending or revoking the license or registration."
SECTION 32. All laws and parts of laws in conflict with this Act are repealed.
Representative Parrish of the 144th moved that the House agree to the Senate substitute to HB 1354.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien
YAndenon YAshe
Bailey Y Bannister YBarfoot Y Barnard YBaraes Y Bates Y Benefield
Binboog Y Bohannon Y Bordeaux Y Bradford Y Breedlove
Bridges Y Brooks Y Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty YCash
Channel! Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T YConnell Y Cooper Y Crawford Y Crews

Y Culbreth Y CununingB
Y DaTM, G Y Davig, M
Day YDeLoach, B YDeLoach, G
Dix YDixon YDobbs Y Dukes YEhrhart YEpps Y Evans YEverett
Felton Floyd Y Franklin
Y Golden Y Graves YGreene Y Grindley Y Hammontree Y Banner 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 YJamieson Y Jenkins
Johnson
Y Johnston Jones Joyce Kaye
YLadd YLakly YLane YLee Y Lewis YLord Y Lucas
Maddox YMann
Manning Y Martin, J E Martin, J.L YMassey YMcBee YMcCaU E McClinton
McKinney Y Mills
Mobley YMosley Y MueUer Y O'Neal YOrrock YParham

On the motion, the ayes were 145, nays 0.

Y Parrish Y Parsons
YPelote Perry
Y Pinholster
Poag YPolak Y Ponder
Y Porter Y Powell YPurceU
YRagas YRandaU
YRay Reaves
Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder Y Scarlett Y Scheid
Y Scott Shanahan
YShaw Sherrill
YShipp YSims Y Sinkfield
Skipper Y Smith, C Y Smith, C.W E Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre YSnelling YSnow EStallings
Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas Y TUlman Y Titus Y Tolbert ETrense
Y Turnquest Twiggs
Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland
Whitaker Y Wiles
Y Williams, B Y Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

1772

JOURNAL OF THE HOUSE,

The motion prevailed.

HB 95. By Representatives Coleman of the 142nd, Murphy of the 18th, Hudson of the 156th, Walker of the 141st, Skipper of the 137th and others:
A bill to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and membership of the Public Service Commission, so as to change the provisions relating to the election of the members of the commission; to provide for Public Service Commission Districts in which members must reside, provided that such members are elected state wide by the qualified voters of this state.

The following Senate amendment was read:

Amend HB 95 by striking from line 10 on page 1 and line 4 on page 2 the following:
"January 1, 1998",
and inserting in lieu thereof the following:
"January 1, 2000".
By striking in their entirety lines 33 through 44 on page 2 and lines 1 through 15 on page 3 and inserting in lieu thereof the following:
"(d) The first members of the commission elected under this Code section shall be elected thereto on the Tuesday next following the first Monday in November, 2000, from Public Service Commission Districts 3 and 5, shall take office on the first day of January immediately following that election, and shall serve for terms of office of six years and until the election and qualification of their respective successors. Those members of the commission elected thereto on the Tuesday next following the first Monday in November, 2002, from Public Service Commission Districts 1 and 4 shall take office on the first day of January immediately following that election and shall serve for terms of office of six years and until the election and qualification of their respective successors. The member of the commission elected thereto on the Tuesday next following the first Monday in November, 2004, from Public Service Commission District 2 shall take office on the first day of January immediately following that election and shall serve for a term of office of six years and until the election and qualification of his or her respective successor. All future successors to members of the commission whose terms of office are to expire shall be elected at the state-wide general election immediately preceding the expiration of such terms, shall take office on the first day of January immediately following that election, and shall serve for terms of office of six years.'"

The following amendment was read and adopted:

Representatives Coleman of the 142nd and Hudson of the 156th move to amend the Senate amendment to HB 95 by striking from line 7 of page 1 the following:
'"January 1, 2000'",
and inserting in lieu thereof the following:
'"March 1, 1998'".
By adding between lines 7 and 8 on page 1 of the amendment the following:
"By striking in its entirety subsection (b) on lines 22 through 29 of page 2 and inserting in lieu thereof the following:

TUESDAY, MARCH 10, 1998

1773

'(b) In order to be elected as a member of the commission from a Public Service Commission District, a person must have resided in that district for at least 12 months prior to election thereto; provided, however, that such residency requirement for election from a district shall not be effective until January 1, 1999, and shall apply to elections in the year 2000 and thereafter. A person elected as a member of the commission from a Public Service Commission District by the voters of Georgia must continue to reside in that district during the person's term of office or that office shall thereupon become vacant.'"
By striking in their entirety lines 8 through 37 on page 1 of the amendment.

Representative Coleman of the 142nd moved that the House agree to the Senate amendment, as amended by the House, to HB 95.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien
Y Andersen NAshe Y Bailey
N Bannister YBarfoot N Barnard Y Banes
Bates Y Benefield YBirdsong N Bohannon Y Bordeaux N Bradford NBreedlove
Bridges Y Brooks N Brown YBuck YBuckner NBunn NBurkhalter
Y Byrd N Campbell
Y Canty NCash
Channel! YChilders N Clark NCoan
Coleman, B Y Coleman, T YConnell N Cooper N Crawford
N Crews

N Culbreth Y Cummings Y Davis, G N Davis, M
Day NDeLoach, B
DeLoach, G NDiz YDizon
Dobbs Y Dukes NEhrhart YEpps N Evans
Everett Felton Floyd N Franklin Y Golden N Graves YGreene N Grindley NHammontree YHanner N Harbin
Y Heard YHecht
Heckstall Hegstrom Henaon Y Holland Y Holmes Y Houston Y Howard NHudgens Y Hudson, H

Y Hudson, N Y Hugley NIrvin Y Jackson Y James
Y Jamieson Y Jenkins
Johnson
N Johnston Jones Joyce
NKaye NLadd NLakly YLane YLee N Lewis
Lord Y Lucas Y Maddoi NMann N Manning
Y Martin, J E Martin, J.L NMaasey YMcBee
YMcCaU E McClinton
McKinney NMills Y Mobley YMosley N MueUer YO'Neal YOrrock YParham

YParrish Parsons Pelote
Y Perry Pinholster
YPoag YPolak N Ponder Y Porter YPowell YPurcell YRagas YRandall YRay
Reaves Y Reichert
NRice N Richardson
Y Roberts Y Rogers Y Royal
N Sanders N Sauder NScarlett NScheid N Scott
Sh&nfth&n YShaw YSherrill NShipp YSims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W E Smith, L

N Smith, L.R Y Smith, P Y Smith, T N Smith, V YSmyre NSneUing YSnow EStallings Y Stancil, F N Stancil, S
Stanley, L Y Stanley, P N Stephens Y Taylor
Teague YTeper Y Thomas Y Tillman N Titus NTolbert ETrense Y Turnquest
Y Walker, L N Walker, R.L Y Watson Y West N Westmoreland YWhi taker N WUes N Williams, B N Williams, J N Williams, R N Worthan NYates
Murphy, Spkr

On the motion, the ayes were 84, nays 64. The motion was lost.

Representative Coleman of the 142nd moved that the House reconsider its action in failing to give the requisite constitutional majority to the Senate amendment, as amended by the House, to HB 95.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson NAshe Y Bailey N Bannister
YBarfoot

N Barnard YBarnes
Bates Benefield YBirdsong N Bohannon

Y Bordeaux N Bradford NBreedlove
Bridges Y Brooks N Brown

YBuck Y Buckner NBunn
N Burkhalter
YByrd
N Campbell

Y Canty NCash Y Channel! Y Childers N Clark
NCoan

1774

JOURNAL OF THE HOUSE,

N Coleman, B YColeman, T YConneU N Cooper NCrawford N Crews NCulbreth Y Cummingg Y Davis, G
Davis, M Day YDeLoach, B DeLoach, G NDiz YDixon Dobbs Y Dukes NEhrhart YEpps N Evans Everett
Floyd N Franklin Y Golden N Graves YGreene NGrindley N Hammontree Y Manner

N Harbin Y Heard YHecht
Heckstall YHegstrom
Henson Y Holland Y Holmes Y Houston Y Howard NHudgens Y Hudson, H Y Hudson, N YHugley Nlrvin
N Jackson Y James YJamieson
YJenkins Johnson
N Johnston Jones Joyce
NKaye NLadd NLakly YLane YLee N Lewis
Lord

Y Lucas YMaddox NMann N Manning Y Martin, J E Martin, J.L NMassey YMcBee YMcCall E McClinton
McKinney N Mills
Y Mobley YMosley NMueller YO-Neal YOrrock
YParham YParrish
Parsons Y Pelote Y Perry
Pinholster YPoag YPolak
N Ponder Y Porter YPowell YPurcell
YRagas

YRandall
YRay Reaves
YReichert
NRice
N Richardson
Y Roberts
Y Rogers Y Royal
N Sanders Sauder
NScarlett NScheid Y Scott
Shanahan YShaw YSherrill NShipp YSims Y Sinkfield
Y Skipper Y Smith, C N Smith, C.W E Smith, L N Smith, L.R Y Smith, P Y Smith, T N Smith, V YSmyre N Smelling

YSnow E StaUinga Y Stand], F NStancil, S
Stanley, L Y Stanley, P N Stephens Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert ETrense Y Turnquest
Twiggs Y Walker, L N Walker, R.L
Y Watson YWest N Westmorland Y Whitaker N Wiles N Williams, B N Williams, J Y Williams, R
NWorthan NYates
Murphy, Spkr

On the motion, the ayes were 91, nays 59. The motion prevailed.

Representative Coleman of the 142nd moved that the House agree to the Senate amendment, as amended by the House, to HB 95.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien YAnderson
NAshe Bailey
N Bannister YBarfoot N Barnard YBarnes
Bates YBenefield YBirdsong N Bohannon Y Bordeaux
N Bradford NBreedlove
Bridges Y Brooks
N Brown YBuck Y Buckner NBunn N Burkhalter YByrd N Campbell Y Canty NCash YChannell YChilders N Clark
NCoan N Coleman, B YColeman, T YConneU N Cooper N Crawford N Crews

N Culbreth Y Cummings Y Davis, G N Davis, M
Day N DeLoach, B
DeLoach, G NDix YDixon
Dobbs Y Dukes
NEhrhart YEpps N Evans
Everett Felton Floyd N Franklin Y Golden N Graves YGreene NGrindley N Hammontree Y Manner N Harbin
Y Heard YHecht
Heckstall YHegstrom
Henson Y Holland Y Holmes Y Houston Y Howard N Hudgens Y Hudson, H

Y Hudson, N Y Hugley Nlrvin N Jackson Y James Y Jamieson YJenkins
Johnson
N Johnston Jones Joyce
NKaye NLadd NLakly YLane YLee N Lewis
Lord Y Lucas Y Maddox NMann N Manning Y Martin, J E Martin, J.L
NMassey YMcBee YMcCall
E McClinton McKinney
N Mills Y Mobley Y Mosley N Mueller YO'Neal YOrrock YParham

Y Fairish Parsons
Y Pelote Y Perry
Pinholster YPoag YPolak N Ponder Y Porter Y Powell YPurcell
YRagas YRandall
YRay Reaves
Y Reichert
NRice N Richardson Y Roberts Y Rogers Y Royal
N Sanders Sauder
N Scarlett
NScheid N Scott
Shanahan YShaw YSherrill NShipp YSims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W E Smith, L

N Smith, L.R Y Smith, P Y Smith, T N Smith, V YSmyre NSnelling YSnow E Stallings Y Stancil, F N Stancil, S
Stanley, L Y Stanley, P
N Stephens Y Taylor YTeague YTeper Y Thomas YTillman
N Titus N Tolbert ETrense Y Turnquest
Twiggs Y Walker, L N Walker, R.L
Y Watson NWest N Westmorland
Y Whitaker N Wiles N Williams, B
N Williams, J N Williams, R NWorthan NYates
Murphy, Spkr

TUESDAY, MARCH 10, 1998

1775

On the motion, the ayes were 85, nays 66. The motion was lost.

Representative Ladd of the 59th moved that the House agree to the Senate amendment to HB 95.
On the motion, the roll call was ordered and the vote was as follows:

N Alien NAndenon YAahe
N Bailey Y Bannister NBarfoot Y Barnard NBaraes
Bates N Benefield
NBirdsong Y Bohannon N Bordeaux Y Bradford YBreedlove
Bridges N Brooks Y Brown NBuck N Buckner YBunn Y Burkhalter NByrd Y Campbell N Canty YCash
Channell NChildera Y Clark YCoan YColeman, B N Coleman, T NConnell Y Cooper Y Crawford Y Crews

Y Culbreth N Cummings N Davis, G Y Davis, M
Day NDeLoach, B
DeLoach, G YDix NDiion
Dobbs N Dukes YEhrhart NEpps Y Evans
Everett Felton Floyd Y Franklin N Golden
Y Graves NGreene YGrindley Y Hammontree N Manner Y Harbin N Heard NHecht N Heckstall
NHegstrom Henson
N Holland
N Holmes N Houston N Howard Y Hudgena N Hudson, H

N Hudson, N NHugley Ylrvin
Y Jackson N James
Jamieson N Jenkins
Johnson Y Jobnston
Jones Joyce YKaye
YLadd YLakly NLane NLee Y Lewis
Lord N Lucas N Maddox YMann Y Manning N Martin, J E Martin, J.L YMassey NMcBee YMcCall E McClinton
McKinney Y Mills N Mobley NMosley Y Mueller NO'Neal NOrrock NParham

On the motion, the ayes were 67, nays 84. The motion was lost.

NParrish Y Parsons
N Pelote
N Perry Pinbolster
NPoag NPolak Y Ponder N Porter NPowell NPurceU NRagas NRandall
NRay Reaves
N Reichert
YRice Y Richardson N Roberta N Rogers N Royal Y Sanders Y Sauder YScarlett YScheid Y Scott
Shanahan NShaw NSherrUl
YShipp NSims N Sinkfield
N Skipper N Smith, C Y Smith, C.W
E Smith, L

Y Smith, L.R N Smith, P N Smith, T Y Smith, V NSmyre YSneUing NSnow E StaUings NStancil, F YStancil, S
Stanley, L N Stanley, P Y Stephens NTaylor NTeague NTeper
Thomas NTillman Y Titus YTolbert ETrense N Tumquest
Twiggs N Walker, L Y Walker, R.L NWataon YWest Y Westmoreland N Whitaker Y Wiles Y Williams, B Y Williams, J
Williams, R
YWorthan YYates
Murphy, Spkr

HB 761. By Representatives Davis of the 48th and Orrock of the 56th:
A bill to amend Article 5 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Commission on Women, so as to clarify certain powers and provide for others.

The following Senate amendments were read:

Senate Amendment No. 1

Amend HB 761 by striking Sec. 2 and renumbering Sec. 3 & 4.

Senate Amendment No. 2

Amend HB 761 by adding a new section as follows:

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The Commission shall not expend or allow to be expended any funds in any manner which would assist, promote, or support any behavior or acts which are against the laws
of this state.

Representative Royal of the 164th moved that the House disagree to the Senate amendments to HB 761.

Representative Ehrhart of the 36th moved that the House agree to the Senate amendments to HB 761.
On the motion, the roll call was ordered and the vote was as follows:

Alien N Anderson NAshe N Bailey Y Bannister NBarfoot
Y Barnard NBarnes
Bates N Benefield NBinlsong Y Bohannon N Bordeaux
Bradford
N Breedlove Bridges
N Brooks Y Brown NBuck NBuckner
Bunn
N Burkhalter NByrd Y Campbell N Canty
YCash N Channell
N Childen Y Clark
YCoan N Coleman, B N Coleman, T
NConneU Y Cooper N Crawford Y Crews

N Culbreth N Cununings
N Davis, G Y Davis, M
Day NDeLoach, B
DeLoach, G Diz NDiion NDobbs N Dukes Y Ehrhart
NEpps YEvans
Everett Felton
Floyd Y Franklin
Golden
Y Graves NGreene YGrindley Y Hammontree
Hanner
Y Harbin N Heard NHecht NHeckstall N Hegstrom
Henson N Holland N Holmes
Houston N Howard
Y Hudgens N Hudson, H

N Hudson, N Hugley
Ylrvin N Jackson N James N Jamieson N Jenkins
Johnson Y Johnston
Jones Joyce
YKaye YLadd YLakly
NLane NLee Y Lewis
Lord
N Lucas N Maddox YMann N Manning N Martin, J E Martin, J.L NMassey NMcBee
McCall E McClinton N McKinney Y Mills
N Mobley NMoeley Y Mueller N O'Neal NOrrock NParham

On the motion, the ayes were 49, nays 97. The motion was lost.

NParrish
Y Parsons NPelote N Perry
Pinholster
NPoag NPolak N Ponder
N Porter NPowell NPurceU
NRagas NRandall
NRay Reaves
N Reichert YRice Y Richardson N Roberts N Rogers
Royal Y Sanders Y Sauder Y Scarlett YScheid N Scott
N Shanahan Shaw
N Sherrill NShipp NSims N Sinkfield N Skipper
Smith, C Y Smith, C.W E Smith, L

Y Smith, L.R N Smith, P
Smith, T Y Smith, V
NSmyre YSnelling NSnow E StaUings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephens N Taylor
NTeague NTeper N Thomas NTUlman Y Titus N Tolbert ETrense 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

Representative Byrd of the 170th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

House of Representatives State Capitol, Room 401 Atlanta, Georgia 30334
March 30, 1998
The Honorable Robert E. Rivers, Jr. Clerk House of Representatives 309 State Capitol

TUESDAY, MARCH 10, 1998

1777

Atlanta, GA 30334
Dear Robbie:
Please record my official vote in the journal on H.B. 761 as "No". I am opposed to this bill.
As always, thank you for your assistance.
Sincerely,
/s/ Tommy Tommy Smith State Representative District 169
TS/ah

Representative Sanders of the 107th arose to a point of personal privilege and addressed the House.

Representative Birdsong of the 123rd District, Chairman of the Committee on Defense & Veterans Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Defense & Veterans Affairs has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 583 Do Pass
Respectfully submitted, /s/ Birdsong of the 123rd
Chairman

Representative Heard of the 89th District, Secretary of the Committee on Insurance, submitted the following report:

Mr. Speaker:

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

SB 490 Do Pass SB 562 Do Pass
SB 594 Do Pass, by Substitute

SB 603 Do Pass SB 656 Do Pass

Respectfully submitted, /s/ Heard of the 89th
Secretary

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

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SB 230 Do Pass, by Substitute SB 600 Do Pass

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

Representative Parham of the 122nd District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 616 Do Pass, by Substitute
Respectfully submitted, /s/ Parham of the 122nd
Chairman

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

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 489 Do Pass SB 529 Do Pass
Respectfully submitted, /s/ Buck of the 135th
Chairman

Pursuant to HR 1165, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Thursday, March 12, 1998.

THURSDAY, MARCH 12, 1998

1779

Representative Hall, Atlanta, Georgia Thursday, March 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 Andenon
Bailey Bannister Barfoot Barnard Barnes Bates Benefield Birdsong Bobnnnon Bradford Bridges Brooks Brown Buck Bunn Burkhalter Byrd Campbell Cash Childers Clark Coan Coleman, B ConneU Cooper Crews

Culbreth Cumin ings Davis, M DeLoach, B DeLoach, G Dii Dixon Dobbs Dukes
Evans Everett Felton Floyd Franklin Golden Graves Greene Grindley Hammontree Manner Harbin Hecht Heckstall Holland Houston Howard Hudson, N

Hugley E Jackson
James Jamieson Jenkins Johnson Johnston Joyce Kaye Ladd Lakly Lane Lee Lewis Lord Lucas Mann
Manning
Martin, J.L Massey E McClinton McKinney Mills Mosley Mueller O'Neal Orrock Parham

Parsons Pelote Perry
Pinholster
Polak Porter Purcell
Randall Ray Reaves Rice Richardson
Roberts
Rogers Royal Sanders Scarlett Scheid
Scott Shaw Shipp Sinkfield Skipper Smith, C Smith, C.W Smith, L Smith, L.R

Smith, P Smith, T Smith, V Snelling Stallings Stancil, S Stanley, L Stanley, P Stephens Taylor Teper Thomas Tillman Titus ETrense Turnquest Walker, 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 McCall of the 90th, Stancil of the 91st, Irvin of the 45th, Tolbert of the 25th, Crawford of the 129th, Ragas of the 64th, Reichert of the 126th, Twiggs of the 8th, Sims of the 167th, Davis of the 48th, Hegstrom of the 66th, Powell of the 23rd, Epps of the 131st, Walker of the 87th, Sauder of the 29th, Henson of the 65th, Snow of the 2nd, Parrish of the 144th, Coleman of the 142nd, Teague of the 58th, Canty of the 52nd, Poag of the 6th, Jones of the 71st, Hudson of the 120th, Bordeaux of the 151st, Maddox of the 72nd, Ashe of the 46th, Smyre of the 136th, Williams of the 83rd, Mobley of the 69th, Day of the 153rd, Breedlove of the 85th, Shanahan of the 10th, Martin of the 47th, Ponder of the 160th and Heard of the 89th.
They wish to be recorded as present.

Prayer was offered by the Reverend Ken Carter, Pastor, Ash Street Baptist Church, Forest Park, 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 Resolutions of the House were introduced, read the first time and referred to the committees:

HB 1925. By Representative Whitaker of the 7th:
A bill to amend an Act known as the "Ellijay-Gilmer County Water and Sewerage Authority Act," so as to change the number of members of the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1926. By Representative Breedlove of the 85th:
A bill providing a new charter for the City of Sugar Hill, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1927. By Representatives Bordeaux of the 151st, Thomas of the 148th, Pelote of the 149th and Mueller of the 152nd:
A bill to amend an Act creating the Chatham Area Transit Authority, so as to repeal a provision for transit system services for all areas included within a special district for transit services; to repeal a provision allowing the Town of Vemonburg to exclude itself from the transit system.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1928. By Representatives Bordeaux of the 151st, Thomas of the 148th, Pelote of the 149th and Mueller of the 152nd:
A bill to amend an Act authorizing the Board of Commissioners of Chatham County to provide transit services, so as to repeal provisions allowing any city other than Savannah to exclude itself from the Act and to repeal a provision relating to parts of the unincorporated areas of the county not receiving transit services.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 1276. By Representatives Williams of the 114th, Lucas of the 124th, Coleman of the 142nd, Burkhalter of the 41st and Parrish of the 144th:
A resolution creating the Study Committee on Public Works Delivery System, Design, Construction, and Awarding.
Referred to the Committee on Rules.

THURSDAY, MARCH 12, 1998

1781

HR 1278. By Representatives Lord of the 121st, Burkhalter of the 41st, Tolbert of the 25th, Watson of the 70th, Ladd of the 59th and others:
A resolution urging the Georgia congressional delegation and the United States Congress to reject any legislation that would exempt health plans sponsored by associations and multiple employer welfare arrangements from state insurance standards and oversight.
Referred to the Committee on Insurance.

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

HB 1895 HB 1896 HB 1897 HB 1898 HB 1899 HB 1900 HB 1902

HB 1913 HB 1914 HB 1915 HB 1916 HB 1917 HB 1918 HB 1919

HR 1WU
TJT2 IQQfi
HB 1907 HB 1908 HB 1909 HB 1910 HB 1911 HB 1912

HB 192
HB 1921
HB 1922
HB 1923 HB 1924 HR 1265 HR 1266 SB 707 SB 708

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

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 532 Do Pass
Respectfully submitted, /s/ Holmes of the 53rd
Chairman

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

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 99 Do Pass, by Substitute SB 543 Do Pass, by Substitute SB 560 Do Pass, as Amended

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JOURNAL OF THE HOUSE,

Respectfully submitted,
M 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 1704 Do Pass, by Substitute SB 437 Do Pass, by Substitute SB 460 Do Pass, by Substitute
Respectfully submitted, /s/ Hudson of the 156th
Chairman

Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 549 Do Pass, by Substitute SB 623 Do Pass, by Substitute
Respectfully submitted, /s/ Martin of the 47th
Chairman

Representative Hanner of the 159th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 661 Do Pass, by Substitute
Respectfully submitted, /s/ Hanner of the 159th
Chairman

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

Mr. Speaker:

THURSDAY, MARCH 12, 1998

1783

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 1138 Do Pass HR 1263 Do Pass
Respectfully submitted, M Lee of the 94th
Chairman

Representative Randall of the 127th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 17 Do Pass, by Substitute
Respectfully submitted, /s/ Randall of the 127th
Chairman

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

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1629 Do Pass HB 1684 Do Pass, by Substitute HB 1710 Do Pass, by Substitute HB 1867 Do Pass HB 1868 Do Pass
SHHRBB I 11887710 D JDJoooPPPaassss HB 1875 DoPass HB 1876 DoPass HB 1877 DoPass HB 1882 DoPass HB 1883 DoPass

HB 1884 Do Pass HB 1887 Do Pass HB 1889 Do Pass HB 1890 Do Pass HB 1891 Do Pass
HTTBTJ 11-, 9Q89m*2 DPn.oPIT>*aO*s,,*s_ SB 672 DoPass SB 683 DoPass SB 701 DoPass SB 702 DoPass SB 703 DoPass

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

Representative Benefield of the 96th District, Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:

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JOURNAL OF THE HOUSE,

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:

HR 1193 Do Pass
SB 693 Do Pass, by Substitute SR 639 Do Pass

SR 653 Do Pass SR 655 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 12, 1998
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 36th Legislative Day as enumerated below:
SB 166 Self-Insurers Guaranty Trust Fund - levy of penalties, fines (Langford - 29th)
SB 249 Abandoned motor vehicles; removal, storage, liens (Kemp - 3rd)
SB 337 Tree Trimming on Rights of Way - vegetation maintenance program (Thompson - 33rd)
SB 433 Electronic Records & Signatures Act; Information Tech Policy Act (Tysinger - 41st)
SB 463 Veterans' Funerals - Nat'1 Guard mbrs. as honor guards (Clay - 37th)
SB 481 Lead Hazard Reduction Program - abatement on person's property (Henson - 55th)
SB 484 Parks, Recreational Areas - permit to enter when required (Gillis - 20th)
SB 486 Water Sys.Serving Less than 10,000- civil penalties (Gillis - 20th)
SB 489 Ad Val. Tax on Mot. Veh. - relating to previous exempt., disabled vets (Land - 16th)
SB 513 Personal Financial Security Act - provide (Walker - 22nd)
SB 531 Temporary Assist, for Needy Families Act - eligibility (Walker - 22nd)
SB 535 Educators - Professional Standards Commission, code of ethics (Hill - 4th)
SB 572 911 System - revision of plan for implementing state-wide sys. (Madden - 47th)
SB 594 Essential Rural Health Care Provider Access Act - provide (Middleton - 50th)
SB 630 Elections Code - merge, delete, amend provisions (Turner - 8th)
SR 467 Blue Ribbon Study Comm. on Funding of QBE; create (Middleton - 50th)
SR 489 White Co. - convey state property (Middleton - 50th)
SR 490 Dr. Deryl Hart Road - designate portion of Ga. Hwy. 137 (Land - 16th)

THURSDAY, MARCH 12, 1998

1785

SR 493 Baldwin Co. Property Conveyance - Juvenile Just. Dept. (Griffin - 25th)
SR 529 Lottery Proceeds - educ. programs for which appropriated (CA) (Starr - 44th)
SR 530 Bibb, Chatham, Clarke, Other Counties - certain easements (Starr - 44th)
SR 560 Cobb Co. - lease, convey state property (Thompson - 33rd)
SR 581 Lumpkin Co. - conveyance of state property (Middleton - 50th)
SR 583 Pete Wheeler Ga. War Veterans Memorial Complex - designate (Burton - 5th)
SR 635 DeKalb Co. - conveyance of cert. State, GBA (Hospital) property (Starr - 44th)
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /a/ Lee of the 94th
Chairman

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

HB 1629.

By Representative Orrock of the 56th:
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 exemptions and property eligible for such exemptions.

The report 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 4.
The Bill, having received the requisite constitutional majority, was passed.

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.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating a new charter for the Town of Tyrone, approved April 17, 1975 (Ga. L. 1975, p. 3876), as amended, so as to change the provisions relating to the powers and duties of the mayor and council; to change the provisions relating to inquiries and investigations; to change the provisions relating to organization, meetings, and oaths; to change the provisions relating to the mayor pro tern, and the term of office thereof; to change the provisions relating to quorums and voting; to change the provisions relating to ordinances and the procedures related thereto; to change the provisions relating to the powers and duties of the mayor, the mayor pro tern., and the town manager; to change the provisions relating to the appointment or elimination of the office of the town manager; to change the provisions relating to position classification and pay plans; to change

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the provisions relating to vacancies and the procedures for removal from office or employment; to change the provisions relating to budgets; to change the provisions relating to disbursements, centralized purchasing, and disposition of property; to change the Code of Ethics and Prohibited Practices; to provide for other matters relative to the foregoing; to provide for a contingent effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a new charter for the Town of Tyrone, approved April 17, 1975 (Ga. L. 1975, p. 3876), as amended, is amended by striking Section 2.106 of said Act and inserting in its place the following:
"SECTION 2.106. Mayor and council interference. Following the adoption of an authorizing resolution, the town council may make inquiries and investigations into the affairs of the town and the conduct of any department, office, or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the town council shall be punished as provided by ordinance."
SECTION 2. Said Act is further amended by striking subsection (b) of Section 2.107 of said Act and inserting in its place the following:
"(b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules and regulations, not inconsistent with this charter, the Constitution, and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the Town of Tyrone and may enforce such ordinance by imposing penalties for violation thereof. The hiring and firing of employees, department heads, appointees, and officers shall be reserved to the council."
SECTION 3. Said Act is further amended by striking Section 2.201 of said Act and inserting in its place the following:
"SECTION 2.201. Organization.
(a) During the last meeting of each year, the oath of office shall be administered to the mayor and councilmembers whose terms continue or commence on the first day of January 1 of the next year, as follows:
'I do solemnly swear (or affirm) that I will well and truly perform the duties of (mayor or councilmember as the case may be) of the town and that I will support and defend the charter thereof as well as the Constitution and laws of the state of Georgia and of the United States of America.' (b) The council by majority vote of all the members thereof shall elect one of their number to be mayor pro tern, who shall serve for a term of one year and until his or her successor is elected and qualified."
SECTION 4. Said Act is further amended by striking Section 2.204 of said Act and inserting in its place the following:
"SECTION 2.204. Quorum; voting. The mayor and three councilmembers shall constitute a quorum and shall be authorized to transact business of the council. Voting on the adoption of ordinances shall be taken

THURSDAY, MARCH 12, 1998

1787

by voice vote and the ayes and nays shall be recorded in the journal, but any member of the council shall have the right to request a roll-call vote. A minimum of three votes shall be required for the adoption of any ordinance, resolution, or motion. The mayor shall not be permitted to vote except in the event of a tie."
SECTION 5. Said Act is further amended by striking Section 2.205 of said Act and inserting in its place the following:
"SECTION 2.205. Action requiring an ordinance. (a) Except as provided in this chapter, every official action of the council which is to become law shall be by ordinance. Each proposed ordinance or resolution shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be 'The Council of the Town of Tyrone hereby ordains....' (b) An ordinance may be introduced by any member of the council and be read, debated, and adopted at any meeting of the council. Ordinances shall be considered and adopted or rejected by the council in accordance with the rules which it shall establish. The clerk shall read the heading of the ordinance, shall distribute a copy to the mayor, and shall file a copy in the office of the clerk."
SECTION 6. Said Act is further amended by striking Section 3.101 of said Act and inserting in its place the following:
"SECTION 3.101. Chief executive officer. The mayor shall be the chief executive officer for the Town of Tyrone. The duties and powers of the mayor are as specifically specified in Section 3.103 of this charter, and to the extent that powers are not expressly delegated to the mayor, the same shall be reserved to the council, pursuant to the general reservation of powers under this charter."
SECTION 7. Said Act is further amended by striking Section 3.103 of said Act and inserting in its place the following:
"SECTION 3.103. Powers and duties. The mayor shall: (1) Preside at all meetings of the town council; (2) Be the head of the town for the purpose of service of process and for ceremonial purposes, and be the official spokesperson for the town and the chief advocate of policy; (3) Have power to administer oaths, coextensively with the municipal court judges, and to take affidavits; and (4) Sign as a matter of course on behalf of the town all written and approved contracts, ordinances, and other instruments executed by the town which by law are required to be in writing."
SECTION 8. Said Act is further amended by striking Section 3.104 of said Act and inserting in its place the following:
"SECTION 3.104. Mayor pro tern. During the absence or disability of the mayor for any cause, the mayor pro tern, or in his or her absence or disability for any reason any one of the councilmembers chosen by the council, shall be clothed with all the rights and privileges of the mayor and shall

1788

JOURNAL OF THE HOUSE,

perform the duties of the office of the mayor so long as such absence or disability shall continue. Notwithstanding any provision in this charter to the contrary, in the event that it is necessary for the mayor pro tern to assume the role of mayor in order to preside over meetings of the council, the mayor pro tern shall be entitled to vote."
SECTION 9. Said Act is further amended by striking Section 3.105 of said Act and inserting in its place the following:
"SECTION 3.105. Town manager.
(a) The mayor and town council shall have the right and authority to create, modify, or eliminate the office of town manager when deemed necessary, and the town manager shall serve at their pleasure. (b) The town manager shall be the chief administrative officer of the town. The manager shall be responsible to the town council for the administration of all town affairs placed in the manager's charge by or under this charter. As the chief executive and administrative officer, the manager shall:
(1) Direct and supervise the administration of all departments, offices, and agencies of the town, except as otherwise provided by this charter or by law; (2) Attend all town council meetings except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the town manager and have the right to take part in discussion but not vote; (3) See that all laws, provisions of this charter, and acts of the town council, subject to enforcement by the manager or by officers subject to the manager's direction and supervision, are faithfully executed; (4) In a duty to be jointly and coextensively exercised with the town's chief financial officer, prepare and submit the annual operating budget and capital budget to the town council; (5) Submit to the town council and make available to the public a complete report of the finances and administrative activities of the town as of the end of each fiscal year; (6) Make such other reports as the town council may require concerning the operations of town departments, offices, and agencies subject to the manager's direction and supervision; (7) Keep the town council fully advised as to the financial condition and future needs of the town and make such recommendations to the town council concerning the affairs of the town as the manager deems desirable; and (8) Perform other such duties as are specified in this charter or as may be required by the town council."
SECTION 10. Said Act is further amended by striking Section 3.302 of said Act and inserting in its place the following:
"SECTION 3.302. Position classification and pay plans. The town manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the council for approval. Said plans may apply to all employees of the Town of Tyrone and any of its agencies and offices. When a pay plan has been adopted, the council shall not increase or decrease the salaries of individual employees except by amendment of said pay plan."
SECTION 11. Said Act is further amended by striking Section 5.103 of said Act and inserting in its place the following:
"SECTION 5.103. Vacancies.
If the office of mayor or any councilmember or both shall become vacant for any cause whatsoever, said vacancy in office shall be filled by the majority vote of the remaining

THURSDAY, MARCH 12, 1998

1789

members of the council, by appointment, until the next municipal general election for that post at which election a successor shall be elected, provided that the vacancy does not exceed 12 months. Should the vacancy period exceed 12 months, then a special election shall be called to determine the person who shall fill the unexpired term, with said election to be in compliance with this charter and Titles 21 and 45 of the Official Code of Georgia Annotated or other laws hereafter enacted. In cases of filling more than one vacancy, where the remaining officials do not constitute a quorum, the requirement of a quorum shall be dispensed with for the purpose of filling vacancies in accordance with this section only, Article II, Chapter 2, Section 2.204 of this charter notwithstanding."
SECTION 12. Said Act is further amended by striking Section 5.105 of said Act and inserting in its place the following:
"SECTION 5.105. Procedure for removal. (a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the Official Code of Georgia Annotated or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished in one of the following methods: (1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the town council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The town council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as provided in this paragraph shall have the right of appeal from the decision of the town council to the Superior Court of Fayette County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; (2) Removal of the mayor or a councilmember may occur by action of four votes of the entire membership of the council. For purposes of this paragraph, the mayor shall be entitled to vote. In the event an elected officer is sought to be removed by the action of the council, such officer shall be entitled to written notice specifying the specific grounds for removal and shall be entitled to personal service of the notice. The notice shall state with specificity the grounds and the date on which the council will convene a hearing to consider the removal by impeachment of the officer, with said hearing to occur no less than ten days from the personal service of the notice. At the hearing on impeachment and removal, the officer sought to be removed shall have the right to be heard, the right to present evidence in defense, and the right to subpoena witnesses in defense, with said subpoenas to be issued by the town clerk. The officer sought to be removed shall be free to elect not to testify so as to avoid self-incrimination and shall have the right of confrontation and cross-examination as to all witnesses. The standard of proof for the removal of an officer by impeachment shall be beyond a reasonable doubt and shall require four votes. Any elected officer sought to be removed shall have the right of appeal from the decision of the council to the Superior Court of Fayette County, in accordance with the appellate review procedures established by state statutes relating to certiorari; or (3) By an order of the Superior Court of Fayette County following a hearing on a complaint seeking such removal brought by any resident of the Town of Tyrone."

SECTION 13. Said Act is further amended by striking Section 6.201 of said Act and inserting in its place the following:

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"SECTION 6.201. Disbursements by checks. All disbursements shall be made by checks signed by the town clerk and countersigned by the mayor or mayor pro tern. With respect to salary checks issued to employees or officers of the town, the town manager shall be authorized to sign salary checks countersigned by the town clerk."
SECTION 14. Said Act is further amended by striking Section 6.208 of said Act and inserting in its place the following:
"SECTION 6.208. Submission of operating budget to town council. (a) On or before a date fixed by the council but not later than 45 days prior to the beginning of each fiscal year, the town manager shall submit to the council a proposed operating budget for the next fiscal year. The budget shall be accompanied by a message from the town manager containing a statement of the general fiscal policies of the town, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as the town manager may deem pertinent. The operating budget and the capital improvements budget provided for in this charter, the budget message, and all supporting documents shall be filed in the office of the town clerk and shall be open to public inspection. (b) The proposed operating budget and the capital improvements budget shall show separately for the general fund, each utility, and each other fund the following: (1) Revenue and expenditures during the preceding fiscal year; (2) Appropriations and estimated revenue and expenditures for the current fiscal year; (3) Estimated revenue and recommended expenditures for the next fiscal year; (4) A comparative statement of the assets, liabilities, reserves, and surplus at the end of the preceding year and estimated assets, liabilities, reserves and surplus at the end of the current fiscal year; and (5) Such other information and data, such as work programs and unit costs, in justification of recommended expenditures, as may be considered necessary by the town manager or requested by the council."
SECTION 15. Said Act is further amended by striking Section 6.209 of said Act and inserting in its place the following:
"SECTION 6.209. Public hearing.
After receiving the budget from the town manager, the council shall fix a time and place for a public hearing thereon and shall cause a public notice thereof to be published once in the official town newspaper at least ten days in advance of the date of the hearing. The public hearing shall be held before the council at the stated time and place, and all persons present shall be given an opportunity to be heard."
SECTION 16. Said Act is further amended by striking subsection (a) of Section 6.210 of said Act and inserting in its place the following:
"(a) The council may amend the operating budget proposed by the town manager; except, that the budget as finally amended and adopted must provide for all expenditures required by law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues constituting the fund availability of such fund."
SECTION 17. Said Act is further amended by striking Section 6.213 of said Act and inserting in its place the following:

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"SECTION 6.213. Capital improvements budget. (a) On or before the date fixed by the council but not later than 45 days prior to the beginning of each fiscal year, the town manager shall submit to the council a proposed capital improvements budget with his or her recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital improvements budget, except when necessary to meet a public emergency threatening the lives, health, or property of the inhabitants when passed by a three-fourths' vote of the membership of the council. (b) The council shall adopt the final capital improvements budget for the ensuing fiscal year not later than the twenty-eighth day of the last month of each fiscal year. No appropriation provided for in the capital improvements budget shall elapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided the town manager may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his or her recommendations thereon. Any such amendments to the capital improvements budget shall become effective only upon adoption by a vote of the council."
SECTION 18. Said Act is further amended by striking Section 6.215 of said Act and inserting in its place the following:
"SECTION 6.215. Centralized purchasing. (a) The council shall have the authority by ordinance to prescribe procedures for a system of centralized purchasing for the Town of Tyrone if the council deems it necessary. (b) The council may sell or convey, or both, any real or personal property owned or held by the town for governmental or other purposes. All sales of municipal property shall be made to the highest responsible bidder, either by sealed bids or by auction after notice has been given. The town shall have the right to reject any and all bids or to cancel any proposed sale or auction. The town shall cause notice to be published once in the official legal organ of Fayette County or in the official legal organ of the Town of Tyrone, not less than 15 days nor more than 60 days preceding the day of the auction or, if the sale is by sealed bids, preceding the last day for the receipt of proposals. The legal notice shall include a general description of the property to be sold if the property is personal property or a legal description of the property to be sold if the property is real property. If the sale is by sealed bids, the notice shall also contain an invitation for proposals and shall state the conditions of the proposed sale, the address at which bid blank and other written materials connected with the proposed sale may be obtained, and the date, time, and place for the opening of the bids. If the sale is by auction, the notice shall also contain the conditions of the proposed sale and shall state the date, time, and place of the proposed sale. Bids received in connection with a sale by sealed bidding shall be opened in public at the time and place stated in the legal notice. All such bids shall be retained and kept available for public inspection for a period of not less than 60 days from the date on which such bids are opened. Notwithstanding any provisions contained in this subsection to the contrary, the town shall not be required to make sales in the open market, shall not be required to advertise, and shall not be required to accept bids if the property sought to be sold is personal property with an estimated value of $500.00 or less or is a lot from any municipal cemetery which the town at any time may hold. Nothing in this section shall prevent the town from trading or exchanging real property belonging to the town for other real property where the property so acquired by exchange shall be of equal or greater value than the property previously belonging to the town; provided, however, that within six weeks preceding the closing of any such proposed exchange of real property, a notice of the proposed exchange of real property shall be published in the official organ of the town once

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a week for four weeks. The value of both the property belonging to the town and that to be acquired through the exchange shall be determined by appraisals, and the value so determined shall be approved by the town council. (c) The council may quitclaim any rights it may have in property not needed for public purposes upon report by the manager and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the town has no readily ascertainable monetary value. (d) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the town, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the town, the council may authorize the mayor to execute and deliver in the name of the town a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the town has in such property. Notwithstanding any provisions contained in this subsection to the contrary, the town shall comply with any disposition of property requirements imposed by Title 36 of the Official Code of Georgia Annotated and those requirements as otherwise imposed by this charter."
SECTION 19. Said Act is further amended by striking Item 6 of the Code of Ethics and Prohibited Practices contained in Appendix A of said Act and inserting in its place the following:
"6. Political activities of certain officers and employees. No employee of the town shall continue in such employment upon qualifying as a candidate for nomination or election to any public office."
SECTION 20. This Act shall become effective on January 1, 1999 if the electors of the Town of Tyrone vote in favor of establishing a council form of government with a hired town manager in an advisory referendum election to be held on the same date as the date of the general municipal election of the Town of Tyrone in 1998. If such vote is not in favor of establishing a council form of government with a hired town manager or if the advisory referendum election is not held in 1998, this Act shall not go into effect and shall be automatically repealed on January 1, 1999.
SECTION 21. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 117, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 districts in unincorporated Fulton County, so as to provide for the creation of community improvement districts in the municipalities within Fulton County.

The following Committee substitute was read and adopted:

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A BILL
To amend an Act creating one or more community improvement districts in unincorporated Fulton County, approved April 3, 1987 (Ga. L. 1987, p. 5460), so as to provide for the creation of community improvement districts in the municipalities within Fulton County; to change certain definitions; to change certain provisions relating to the election of district board members; to change provisions relating to the boundaries of said districts; to provide for a property tax credit; to change provisions relating to the powers of each district and its board; to change provisions relating to the dissolution of a district; to provide for applicability; 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. An Act creating one or more community improvement districts in unincorporated Fulton County, approved April 3, 1987 (Ga. L. 1987, p. 5460), is amended by striking Section 2 and inserting in lieu thereof a new Section 2 to read as follows:
"SECTION 2. Purpose.
The purpose of this Act shall be to provide for the creation of one or more community improvement districts within Fulton County and within each municipality therein, and such districts shall be created for the provision of such of the following governmental services and facilities as may be provided for in the resolution activating each district created by this Act or any supplemental resolution amending same:
(1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads; (2) Parks and recreational areas and facilities; (3) Storm-water and sewage collection and disposal systems; (4) Development, storage, treatment, purification, and distribution of water; (5) Public transportation including, but not limited to, services intended to reduce the volume of traffic or to transport two or more persons in common vehicles or conveyances; (6) Terminal and dock facilities and parking facilities; and (7) Such other services and facilities as may be provided for by general law."
SECTION 2. Said Act is further amended by striking paragraphs (7), (8), and (13) of Section 3 and inserting in lieu thereof new paragraphs (7), (8), and (13) to read as follows:
"(7) 'Elector' means the owner of real property within the district which is then subject to taxes, fees, and assessments levied by the board, as appear on the most recent ad valorem real property tax return records of Fulton County, or one officer or director of a corporate elector, one trustee of a trust which is an elector, one partner of a partnership elector, or one designated representative of an elector whose designation is made in writing to the Fulton County tax commissioner, on a form satisfactory to that commissioner, at least eight days prior to an election. An owner of property subject to taxes, fees, or assessments levied by the board shall have one vote for an election based on numerical majority and one vote for each $1,000.00 or fraction thereof in assessed value of the owner's property for an election based on value majority. An owner of multiple parcels has one vote, not one vote per parcel, for an election based on numerical majority and one vote for each $1,000.00 or fraction thereof in assessed value of the aggregate of the owner's properties subject to taxes, fees, or assessments levied by the board for an election based on value majority. Multiple owners of one parcel have one vote for elections based on numerical majority and one vote for $1,000.00 or fraction thereof in assessed value of the owners' property for elections based on value majority, which must be cast by one of their number who is designated in writing by such multiple owners as their elector.

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(8) 'Equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property,' with reference to taxes, fees, and assessments levied by the board, means that the burden of the taxes, fees, and assessments shall be apportioned among the properties subject thereto based upon the values established in the most recent ad valorem tax reassessment of such properties certified by the chairperson of the Fulton County Board of Tax Assessors or may be apportioned among the properties subject thereto in direct or approximate proportion to the receipt of services or benefit derived from the improvements or other activities for which the taxes, fees, or assessments are to be expended or may be apportioned in any other manner or combination of manners deemed equitable by the board, including but not limited to the recognition of differential benefit which may reasonably be expected to accrue to new land development in contrast to lands and improvement already in existence at the time of creation of the community improvement district." "(13) 'Property used nonresidentially' means property or any portion thereof used for neighborhood shopping, planned shopping center, general commercial, transient lodging facilities, tourist services, office or institutional, office services, light industry, heavy industry, central business district, parking, or other commercial or business use, as well as vacant land zoned or approved for any of the uses listed in this paragraph."
SECTION 3. Said Act is further amended by striking Section 4 and inserting in lieu thereof a new Section 4 to read as follows:
"SECTION 4. Creation.
Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, as amended in 1984, said amendment being set out at Ga. L. 1984, p. 1703 et seq., there is created one or more community improvement districts to be located in Fulton County, Georgia, either wholly within the unincorporated area thereof, or wholly within any municipality therein, or partly within one or more municipalities and partly within the unincorporated area thereof, each of which shall be activated upon compliance with the conditions provided in this Act and which shall be governed by a board as constituted pursuant to this Act. The conditions for such activation shall be:
(1) The adoption of a resolution consenting to the creation of each community improvement district by:
(A) The Fulton County Board of Commissioners if the district is located wholly within the unincorporated area of Fulton County, which resolution shall impose such conditions on the projects and activities which may be undertaken as will ensure their compatibility with adopted county policies and planning for the area; (B) The governing authority of the municipality if the district is located wholly within the incorporated area of a municipality; or (C) The governing authorities of Fulton County and any municipality in which the district is partially located if it is partially located within the unincorporated area of Fulton County and partly within the incorporated area of any municipality; and
(2) Written consent to the creation of the community improvement district by: (A) A majority of the owners of real property within the district which will be subject to taxes, fees, and assessments levied by the board of the district; (B) The owners of real property within the district which constitutes at least 75 percent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the board and for this purpose value shall be determined by the most recent approved county ad valorem tax digest; and (C) The written consent provided for in this paragraph shall be submitted to the Fulton County tax commissioner who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each such proposed district.

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No district or board created under this Act shall transact any business or exercise any powers under this Act until the conditions of this paragraph are met. A copy of such resolutions shall be filed with the Secretary of State who shall maintain a record of all districts activated under this Act and a second copy shall be filed with the Department of Community Affairs."
SECTION 4. Said Act is further amended by striking Section 5 and inserting in lieu thereof a new Section 5 to read as follows:
"SECTION 5. Administration, appointment, and election
of board members. (a) Each district created pursuant to this Act shall be administered by a board composed of a minimum of seven members to be appointed and elected as provided in this section. Two board members shall be appointed by the Fulton County Board of Commissioners, one board member shall be appointed by the governing authority of each municipality within which any portion of the district lies, and the remaining board members shall be elected by the owners of real property within the district subject to taxes, fees, and assessments levied by the board. The board shall be seven in number plus one member appointed by the governing authority of each municipality as provided above. The appointed board members shall serve at the pleasure of the governing body which appointed same, respectively. The initial elected board members shall serve for terms of office as follows: two shall serve for two years, and the remaining board members shall serve for four years. Thereafter, all terms of office shall be for four years, except the appointed members who serve at the pleasure of the governing body which appointed them. (b) The initial board members to be elected as provided in this Act shall be elected in a caucus of electors, which shall be held within 60 days after the adoption of the resolutions and obtaining the written consents provided for in this Act at such time and place within the district as the Fulton County Board of Commissioners shall designate after notice thereof shall have been given to said electors by (1) publishing same in the legal organ of Fulton County as provided in this Act and (2) contacting each elector by U.S. mail at the address indicated in the property tax rolls. Thereafter, there shall be conducted biennially, not later than 60 days following the last day for filing ad valorem property tax returns in Fulton County, a caucus of said electors at such time and place within the district as the board shall designate in such notice for the purpose of electing board members to those positions which have terms expiring or are vacant. If a vacancy occurs in an elected position on the board, the board shall, within 60 days thereafter, call a special election to fill the same to be held within 60 days of the call unless such vacancy occurs within 180 days of the next regularly scheduled election, in which case a special election may, but need not, be called. For any election held under the provisions of this Act, notice of said election shall be given the electors by (1) publishing notice thereof in the legal organ of Fulton County on four dates at least 45 days, 31 days, 17 days, and ten days, respectively, prior to such election and (2) contacting each elector at least 31 days prior to such election by U.S. mail at the address indicated in the property tax rolls. (c) One board member shall be elected by majority vote of the electors present and voting at the caucus on the basis of one vote for each elector. Said board member shall be elected to a term of office of two years at the initial caucus of electors when the board is first formed and to terms of office of four years thereafter. Four board members shall be elected by majority of the votes cast by the electors present and voting at the caucus, with each elector having one vote for each $1,000.00 or fraction thereof in assessed value of the property owned by the elector subject to taxes, fees, or assessments levied by the board. All vacancies to be filled through election shall be filled by majority vote in the same manner as the board member previously holding the seat. (d) The elected board members shall be subject to recall as any other elected public official by the electors defined in this Act.

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(e) Board members, including appointed board members, shall be electors within the district. If a board member ceases to be an elector, such board member's position shall be declared vacant as of the date of the event terminating such status. (f) The board members shall receive no compensation for their services but shall be reimbursed for actual expenses incurred in the performance of their duties. They shall elect one of their members as chairperson and another as vice chairperson and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may but need not be a member of the board."
SECTION 5. Said Act is further amended by striking subsection (d) of Section 6 and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) In accordance with the requirements of Code Section 36-71-7 of the O.C.G.A., each property paying taxes, fees, or assessments levied by the board for any public facility, as set forth in Section 2 of this Act, shall receive a credit equal to the present value of all such taxes, fees, and assessments toward any impact fee as may be levied by Fulton County against said property for system improvements, as defined under Chapter 71 of Title 36 of the O.C.G.A., known as the 'Georgia Development Impact Fee Act,' which are in the same category as said public facility."
SECTION 6. Said Act is further amended by striking Section 7 and inserting in lieu thereof the following:
"SECTION 7. Boundaries of the districts. (a) The boundaries of each district shall be as designated as such by the Fulton County Board of Commissioners if wholly within the unincorporated area of Fulton County and such municipalities within which the district may be partially located if partially within the unincorporated area of Fulton County and partially within one or more municipalities, or by the governing authority of a municipality if wholly within the incorporated area thereof, as set forth in the resolutions required in Section 4 of this Act, or as may thereafter be added as provided in this Act. (b) The boundaries of a district may be increased after the initial creation of a district pursuant to the following: (1) Written consent of a majority of the owners of real property within the area sought to be annexed and which will be subject to taxes, fees, and assessments levied by the board of the district is first obtained; (2) Written consent of owners of real property within the area sought to be annexed which constitutes at least 75 percent by value of the property which will be subject to taxes, fees, and assessments levied by the board and for this purpose value shall be determined by the most recent approved county ad valorem tax digest; (3) The adoption of a resolution consenting to the annexation by the board of the district; and (4) The adoption of a resolution consenting to the annexation by the governing authorities of Fulton County, if any portion of the district is or is to be in the unincorporated area of Fulton County, and such municipalities as may have area within the district before or after the annexation."
SECTION 7. Said Act is further amended by striking Section 9 and inserting in lieu thereof the following:
"SECTION 9. Cooperation with local governments. The services and facilities provided pursuant to this Act shall be provided for in a cooperation agreement executed jointly by the board and the governing bodies of Fulton County and any municipalities within which the district is partially located. The provisions of this section shall in no way limit the authority of Fulton County or any such

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municipality to provide services or facilities within the district; and Fulton County or such municipalities shall retain full and complete authority and control over any of their facilities located within their respective areas of any district. Said control shall include but not be limited to the modification of, access to, and degree and type of services provided through or by facilities of the municipality or county. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein."
SECTION 8. Said Act is further amended by striking paragraphs (3) and (15) of subsection (a) of Section 10 and inserting in lieu thereof new paragraphs (3) and (15) to read as follows:
"(3) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, contracts with respect to the use of projects, and agreements with other jurisdictions or community improvement districts regarding multijurisdictional projects or services or for other cooperative endeavors to further the public purposes of the district;" "(15) To encourage and promote the improvement and development of the district and to make, contract for, or otherwise cause to be made long-range plans or proposals for the district in cooperation with Fulton County and any municipal corporations in which the district is wholly or partially located;"
SECTION 9. Said Act is further amended by striking Section 14 and inserting in lieu thereof a new Section 14 to read as follows:
"SECTION 14. Dissolution.
(a) Any district activated under the provisions of this Act may be dissolved. The conditions for such dissolution shall be:
(1) The adoption of a resolution approving of the dissolution of each community improvement district by the Fulton County Board of Commissioners if wholly within the unincorporated area of Fulton County and such municipalities within which the district may be located if partially within the unincorporated area of Fulton County and partially within one or more municipalities, or by the governing authority of a municipality if wholly within the incorporated area thereof; and (2) The written consent to the dissolution of the community improvement district by:
(A) Two-thirds (67 percent) of the owners of real property within the district which are subject to taxes, fees, and assessments levied by the board of the district; and (B) The owners of real property constituting at least 75 percent by value of all real property within the district which are to be subject to taxes, fees, and assessments levied by the board and for this purpose value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the Fulton County tax commissioner, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each proposed district dissolution. (b) At the official caucus of electors at which board members are to be elected in the sixth year following creation of the district, and every sixth year thereafter, the question shall be put to the electors present to dissolve the community improvement district. Upon an affirmative vote of a majority of the electors present and voting, who shall represent at least 75 percent of the votes cast on the basis of value, the board shall send a ballot to each owner of property subject to taxes, fees, and assessments levied by the board for a vote on the dissolution. Upon receipt of ballots consenting to the dissolution from a majority of the property owners, who shall represent at least 75 percent of the assessed value of said properties, the board shall request dissolution by the governing

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authority and shall forward said ballots to the Fulton County tax commissioner for certification. (c) In the event that successful action is taken pursuant to this section to dissolve the district, the dissolution shall become effective at such time as all debt obligations of the district have been satisfied. Following a successful dissolution action and until the dissolution becomes effective, no new projects may be undertaken, obligations or debts incurred, or property acquired. (d) Upon a successful dissolution action, all noncash assets of the district other than public facilities or land or easements to be used for such public facilities, as described in Section 2 of this Act, shall be reduced to cash and, along with all other cash on hand, shall be applied to the repayment of any or debt obligations of the district. Any cash remaining after all outstanding obligations are satisfied shall be refunded to each property owner in direct proportion to the total amount in taxes, fees, or assessments paid by the property relative to the total revenues paid by all properties in the district. (e) When a dissolution becomes effective, the county governing authority, or the governing authority of a municipality if wholly within the incorporated area thereof, shall take title to all property previously in the ownership of the district and all taxes, fees, and assessments of the district shall cease to be levied and collected. (f) A district may be reactivated in the same manner as an original activation."
SECTION 10. Said Act is further amended by inserting immediately following Section 14 a new Section 14.1 to read as follows:
"SECTION 14.1. Applicability.
The provisions of this Act shall not apply to any municipality in Fulton County in which a community improvement district has been created as of July 1, 1998, by local Act of the General Assembly."
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 substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 117, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1867.

By Representatives Bannister of the 77th, Johnston of the 81st, Massey of the 86th, Coan of the 82nd, Mills of the 21st and others:
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Gwinnett County, so as to change the provisions regarding the compensation of the judge.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1868.

By Representatives Bannister of the 77th, Johnston of the 81st, Massey of the 86th, Coan of the 82nd, Mills of the 21st and others:
A bill to amend an Act providing for the compensation of the chief magistrate of the Magistrate Court of Gwinnett County, so as to change certain provisions regarding the compensation of the chief magistrate.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1869.

By Representatives Bannister of the 77th, Johnston of the 81st, Massey of the 86th, Coan of the 82nd, Mills of the 21st and others:
A bill to amend an Act placing certain officers of Gwinnett County on an annual salary, so as to change the provisions relating to the compensation of the sheriff, the clerk of the superior court, the judge of the probate court, and 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 117, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1870.

By Representatives Bannister of the 77th, Johnston of the 81st, Massey of the 86th, Coan of the 82nd, Mills of the 21st and others:
A bill to amend an Act to continue and re-create the State Court of Gwinnett County, so as to change the provisions regarding the compensation of the judges and the solicitor 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 117, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1871.

By Representatives Bannister of the 77th, Johnston of the 81st, Massey of the 86th, Coan of the 82nd, Mills of the 21st and others:
A bill to amend an Act creating the Recorder's Court of Gwinnett County, so as to change the provisions regarding the compensation of the judges, clerk, and solicitor.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1875.

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 the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County.

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

1800

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 117, nays 4. The Bill, having received the requisite constitutional majority, was passed.

HB 1876. By Representative Crawford of the 129th: A bill to create the Upson 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 117, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1877.

By Representatives Bradford of the 30th, Sauder of the 29th, Barnes of the 33rd, Wiles of the 34th, Cooper of the 31st and others:
A bill to amend an Act changing the compensation of the clerk of the Superior Court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the deputy clerk of the superior court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1882. By Representative Hugley of the 133rd: A bill to provide a new charter for the City of Geneva.

The report 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 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1883.

By Representatives Shipp of the 38th, Sauder of the 29th, Manning of the 32nd, Parsons of the 40th, Wiles of the 34th and others:
A bill to amend an Act reincorporating and providing a new charter for the City of Acworth, so as to change the corporate limits of the city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1884.

By Representative Tillman of the 173rd:
A bill to amend an Act providing for the election of the members of the board of education of Mclntosh County, so as to change the compensation of the chairperson and members of said board.

THURSDAY, MARCH 12, 1998

1801

The report 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 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1887.

By Representatives Richardson of the 26th and Murphy of the 18th:
A bill to amend an Act providing a new charter for the City of Dallas in Paulding County, so as to change certain provisions relating to the dismissal of the city attorney, assistant city attorney, city clerk, police chief, and judges.

The report 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 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1889.

By Representative Lord of the 121st:
A bill to amend an Act creating the State Court of Jefferson County, formerly the City Court of Louisville, so as to provide for the compensation of the solicitor-general of such court on and after a certain 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 117, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1890.

By Representative Lord of the 121st:
A bill to amend an Act creating the State Court of Jefferson County, formerly the City Court of Louisville, so as to provide for the compensation of the judge of such court on and after a certain 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 117, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1891. By Representative Murphy of the 18th:
A bill to amend an Act creating a new charter for the City of Bremen so as to change the provisions relating to the municipal court 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 117, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

1802

JOURNAL OF THE HOUSE,

HB 1892. 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 further annexation and related matters.

The report 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 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1901.

By Representative Jamieson of the 22nd:
A bill to amend an Act creating a board of commissioners of Stephens County, so as to change the compensation of the chairman and members of the board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

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 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 117, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

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.

The report 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 4.
The Bill, having received the requisite constitutional majority, was passed.

SB 701. By Senators Thompson of the 33rd, Lamutt of the 21st and Clay of the 37th:
A bill to amend an Act creating the Cobb County Commission on Children and Youth, as amended, so as to change the date upon which the commission will be abolished.

THURSDAY, MARCH 12, 1998

1803

The report 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 4.
The Bill, having received the requisite constitutional majority, was passed.

SB 702. By Senators Glanton of the 34th and Roberts of the 30th:
A bill to provide that the tax commissioner of Douglas County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Douglas County to reimburse the county for the cost of collecting school taxes; to provide for a statement of intention and the authority for this Act.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

SB 703. By Senator Price of the 28th:
A bill to create the Spalding County Collaborative Authority for Families and Children; to provide for the manner of appointment of members; to provide for terms, duties, and powers; to provide for all related matters; to provide for an annual report; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

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

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

SB 709. By Senator Crotts of the 17th:
A bill to create the State Court of Henry County; to specify the location of the court and provide for facilities therefor; to provide for jurisdiction, powers, practice, and procedure; to provide for terms of court; to specify business hours of the court; to specify costs and fees; to provide for transfer of certain matters from the Superior Court of Henry County.

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 government desired by the people of Madison County.

1804

JOURNAL OF THE HOUSE,

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 resident of the City of Dalton who is 65 years of age or over and whose annual net income does not exceed $20,000,.00.

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.

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 General Assembly.

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.

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.

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.

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.

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.

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.

THURSDAY, MARCH 12, 1998

1805

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.

HB 1185.

By Representatives Birdsong of the 123rd, Porter of the 143rd, Walker of the 141st and others:
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.

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.

HB 1216.

By Representative Campbell of the 42nd:
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 exercise the power of arrest within the definition of the term "peace officer".

HB 1433.

By Representatives Royal of the 164th, Shanahan of the 10th, Smith of the 12th and others:
A bill to amend Code Section 48-8-121 of the Official Code of Georgia Annotated, relating to use of proceeds, issuance of certain debt, and audit reporting 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.

HB 1440.

By Representatives Sauder of the 29th, Channell of the lllth, Walker of the 141st 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 bonding requirements.

HB 1552.

By Representatives Purcell of the 147th, Parham of the 122nd, Parrish of the 144th 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 Authority, 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.

1806

JOURNAL OF THE HOUSE,

HB 1666.

By Representatives Skipper of the 137th, Royal of the 164th, O'Neal of the 75th 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 beverages to and by member councils of the Girl Scouts of the U.S.A. or the Boy Scouts of America.

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

HB 1130.

By Representatives Williams of the 83rd, Everett of the 163rd, Powell of the 23rd and others:
A bill to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, 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.

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 relating to identification of boats taking shrimp; to provide for a recreational fishing license for all waters of this state.

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

HB 1144.

By Representatives Buck of the 135th, Jamieson of the 22nd, Royal of the 164th and others:
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 grantee of such instrument to secure the proper satisfaction or cancellation of record of the instrument by the clerk of the superior court.

HB 1252.

By Representatives Parham of the 122nd, Twiggs of the 8th, Martin of the 145th and others:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of controlled substances and dangerous drugs; to delete certain penalty provisions relating to carisoprodol.

THURSDAY, MARCH 12, 1998

1807

HB 1253.

By Representatives James of the 140th, Reaves of the 178th, Floyd of the 138th 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 Program.

HB 1394.

By Representatives Channel! of the lllth, Rogers of the 20th, Reichert of the 126th 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.

HB 1474.

By Representative Polak of the 67th:
A bill to amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding tax exemptions, so as to change certain qualifications with respect to homestead exemptions.

HB 1667. HB 1811. HB 1822.

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. By Representatives Bordeaux of the 151st, Thomas of the 148th, Mueller of the 152nd 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. 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.

By unanimous consent, the following Bill of the Senate was read the first time and referred to the committee:

SB 709. By Senator Crotts of the 17th:
A bill to create the State Court of Henry County; to specify the location of the court and provide for facilities therefor; to provide for jurisdiction, powers, practice, and procedure; to provide for terms of court; to specify business hours of the court; to specify costs and fees; to provide for transfer of certain matters from the Superior Court of Henry County.
Referred to the Committee on State Planning & Community Affairs - Local.

The following Resolutions of the House were read and adopted:

HR 1280.

By Representative Channell of the lllth:
A resolution recognizing and commending the Putnam County High School Lady Eagles basketball team and inviting the team and coaches to appear before the House of Representatives.

1808

JOURNAL OF THE HOUSE,

HR 1283. By Representative Smith of the 169th: A resolution commending the Bacon County Red Raiderettes.

HR 1284. By Representative Coleman of the 80th:
A resolution honoring Patricia Thomas Brannon on the occasion of the fortieth class reunion of the graduating class of Sylvan High School.

HR 1285. By Representatives Smith of the 109th, Cash of the 108th and Sanders of the 107th:
A resolution commending Nita Spraggins.

HR 1286.

By Representatives Porter of the 143rd, Taylor of the 134th, O'Neal of the 75th, Sherrill of the 62nd, Hugley of the 133rd and others:
A resolution commending the Georgia Preschool Association and the preschool teachers of Georgia.

HR 1287. By Representative Jones of the 71st: A resolution commending Mr. Dale Earnhardt.

HR 1288. By Representative Stencil of the 91st: A resolution commending Tom Jessup.

HR 1289. By Representatives Polak of the 67th, Crews of the 78th, Smith of the 19th and Walker of the 87th:
A resolution honoring Colonel James T. Marston.

HR 1290. By Representatives Ponder of the 160th and Greene of the 158th: A resolution commending Sheriff Jimmie R. Murkerson.

HR 1291. By Representative Ponder of the 160th:
A resolution commending the congregation of the First Presbyterian Church of Donalsonville upon the occasion of the 100th anniversary of its founding.

HR 1292. By Representatives Ponder of the 160th and Bates of the 179th: A resolution commending and honoring April Heather Brinson.

HR 1293. By Representative Barnes of the 33rd:
A resolution recognizing and commending GOSPEL TIME and Robert Stevenson.

HR 1294. By Representatives Childers of the 13th, Smith of the 12th and Perry of the llth:
A resolution commending James S. Burton.

THURSDAY, MARCH 12, 1998

1809

HR 1295.

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 designating 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".

HR 1296.

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/Teakwood Road given by the Bacon County Board of Commissioners which would read as follows, "In Honor of Clifford Ward Wildes".

HR 1297.

By Representative Smith of the 169th:
A resolution recognizing the honorary name of the Delmus Carter Highway and designating that a sign be erected on Highway 203 in Bacon County south to the Pierce County line which would read as follows: "In Honor of Delmus Carter".

HR 1298.

By Representative Smith of the 169th:
A resolution recognizing the honorary name of the Johnny Wheeler Bridge in Bacon County and designating that a sign be erected upon the bridge on County Road 328 in Bacon County which would read as follows: "In Honor of Johnny Wheeler".

HR 1299.

By Representative Smith of the 169th:
A resolution recognizing the honorary name of County Road 210 in Bacon County as the Corporal Ivey J. Hayes Road and designating that a sign be erected below the official name of the Friendship Church Road.

HR 1300.

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 and designating that a sign be erected below the official name of Scuffleton Highway given by the Bacon County Board of Commissioners which would read as follows: "In honor of Frank S. Boatright".

HR 1301.

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 designating 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 1302.

By Representative Smith of the 169th:
A resolution recognizing the honorary name of County Road 151 in Bacon County as the Lanford Nathan Taylor Road and designating that a sign be erected below the official name of Iowa River Road given by the Bacon County Board of Commissioners which would read as follows: "In Honor of Lanford Nathan Taylor".

1810

JOURNAL OF THE HOUSE,

HR 1303.

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 designating 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 1304. By Representative Smith of the 169th:
A resolution recognizing the honorary name of County Road 325 in Bacon County as the Odis Tanner Road and designating that a sign be erected below the official name of W. 4th Street Ext. given by the Bacon County Board of Commissioners which would read as follows: "In Honor of Odis Tanner".

HR 1305.

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 designating 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 1306. 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 designating 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 1307. By Representative Smith of the 169th:
A resolution commending the 1997 Brantley County High School football team.

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

HR 1277. By Representative Royal of the 164th:
A resolution inviting the coaches and players of the Mitchell-Baker High School Eagles basketball team to appear before the House of Representatives.

HR 1279. By Representative Ponder of the 160th:
A resolution congratulating the Seminole County High School basketball team and inviting the team and its coaches to appear before the House of Representatives.

HR 1281. By Representatives Ponder of the 160th and Greene of the 158th:
A resolution commending the coaches and players of the Southwest Georgia Academy Lady Warriors basketball team and inviting the team and coaches to appear before the House of Representatives.

THURSDAY, MARCH 12, 1998

1811

HR 1282.

By Representatives Lucas of the 124th, Epps of the 131st, Lee of the 94th, Smyre of the 136th, Walker of the 141st and others:
A resolution commending the 100 Black Men of America, Inc., and inviting the Georgia chapters to appear before the House of Representatives.

By unanimous consent, the following Bills of the House were withdrawn from the Committee on Judiciary and referred to the Committee on State Planning and Community Affairs - Local:

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.

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.

HB 1894.

By Representatives Stancil of the 16th, Scheid of the 17th, Evans of the 28th and Pinholster of the 15th:
A bill to amend an Act to supplement the salary of the judge of the Superior Courts of the Blue Ridge Judicial Circuit, so as to increase the amount of compensation paid to such judges by the counties comprising the Blue Ridge Judicial Circuit.

Representative Reichert of the 126th moved that SB 569, which was previously postponed until today, be postponed until Monday, March 16, 1998.

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

SR 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.

The following Committee substitute was read and adopted:

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; authorizing the conveyance of certain state owned real property located in Coffee County, Georgia; 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;

1812

JOURNAL OF THE HOUSE,

authorizing the leasing of certain real property owned by the State of Georgia in Cobb County, Georgia; authorizing the conveyance of certain real property owned by the State of Georgia in Cobb County, Georgia; to provide effective dates; 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 White County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 6 of the 3rd District of White County, Georgia, and containing approximately 648 square feet, denoted as Parcel "2" on a plat of survey by Edwin G. Davidson, Georgia Registered Land Surveyor No. 2586, dated June 9, 1997, revised January 6, 1998, on file in the offices of the State Properties Commission; (3) Sidney W. Shortt and Sherry E. Shortt represent that they are the owners of certain real property lying and being in Land Lot 6 of the 3rd District of White County and containing approximately 648 square feet and denoted as Parcel "3" on said plat of survey prepared by Edwin G. Davidson, Georgia Registered Land Surveyor No. 2586; (4) Sidney W. Shortt and Sherry E. Shortt own a residence which adjoins state owned property under the custody of the Department of Natural Resources known as Unicoi State Park in White County; (5) Sidney W. Shortt and Sherry E. Shortt encroached onto state property in the construction of their residence; (6) Sidney W. Shortt and Sherry E. Shortt are desirous of exchanging the above-described Parcel "3", which they own, for the above-described Parcel "2" which the State of Georgia owns, thereby resolving the encroachment; and (7) The Department of Natural Resources has no objection to the exchange of the above-described properties; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in the City of Douglas, Coffee County, Georgia; (2) Said real property is more particularly described as All that tract or parcel of land containing three (3) acres of original Lot of Land No. 175 in the 6th Land District of Coffee County, Georgia, and more particularly described as follows: BEGINNING on the west boundary line of the right of way of U. S. Highway No. 441 at a point 752 feet north of the intersection of the south original land lot line of said lot with the west boundary line of the right of way of said highway; thence south 84 degrees west a distance of 653.4 feet; thence north 4 degrees 20 minutes west 200 feet; thence north 84 degrees east 653.4 feet to the west boundary line of the right of way of U. S. Highway No. 441; thence south 4 degrees 20 minutes east along the west boundary line of said right of way a distance of 200 feet to the point of beginning, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Georgia Department of Public Safety; (4) The above-described property was conveyed by Coffee County to the State of Georgia in 1964 for the consideration of $10.00; (5) The Douglas-Coffee County Industrial Authority is desirous of building a new State Patrol facility in exchange for conveyance of the above-described state owned property; and (6) The Department of Public Safety is desirous of bringing about said exchange; and
WHEREAS: (1) The State of Georgia claims ownership to all coastal marshlands below the high water mark not specifically conveyed by a Crown Grant; (2) A certain portion of the above-mentioned marshlands containing approximately 260 acres and known as a portion of an area known as Causton's Bluff is located in Chatham County;

THURSDAY, MARCH 12, 1998

1813

(3) Theodore I. Jockisch claims ownership to certain marshlands and highground in Chatham County by virtue of a Crown Grant containing approximately 142 acres and known as a portion of an area known as Causton's Bluff and has evidenced such claim in Chatham County; (4) Ownership in title to the above-mentioned 142 acre tract of marshlands and highground is unclear; and (5) Theodore I. Jockisch is desirous of conveying his claim and interest to all of the marshlands which consist of approximately 131 acres and approximately 1.07 acres of highground in exchange for the state's conveying its claim and interest in approximately 9.57 acres of highground; and
WHEREAS: (1) The State of Georgia is the owner of a certain tract or parcel of real property located in the City of Marietta, Cobb County, Georgia; (2) Said real property is all that tract or parcel of land situate, lying, and being in Cobb County, Georgia, lying in and being more particularly described as follows: All that certain tract or parcel of land containing approximately 0.32 of one acre and situated, lying and being in Land Lot 1218 of the 16th District, Second Section, Cobb County, Marietta, Georgia, and being more particularly described as follows: Beginning at a point in the north line of Depot Street, thirty-three (33) feet westwardly from and at right angles to the centerline of the main track of the Western and Atlantic Railroad; thence westwardly along said north line of Depot Street, a distance of one hundred (100) feet, more or less, to a point, said point being the southeastern corner of the property leased to the City of Marietta by lease agreement between the State Properties Commission and the City of Marietta dated September 4, 1973; thence northwardly along the eastern boundary of said leased property, a distance of one hundred forty-one and three tenths (141.3) feet, more or less, to a point in the south line of Mill Street; thence eastwardly along said south line of Mill Street, a distance of one hundred (100) feet, more or less, to a point, said point being thirty-three (33) feet westwardly from and at right angles to the centerline of said main track; thence southwardly along a line thirty-three (33) feet westwardly from and parallel to said centerline of main track, a distance of one hundred forty-one and three tenths (141.3) feet, more or less, to the point of beginning, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented by lessee to the State Properties Commission for approval; and (3) Said property is under the custody of the State Properties Commission; (4) Said property was leased to the City of Marietta, Cobb County, on September 14, 1977, for a term of 20 years as authorized by RA 100 (HR 583-1560) of the 1976 General Assembly; and (5) The City of Marietta is desirous of leasing the above-described state property for an additional ten years with the option to purchase the property for the fair market value at any time during the term of the lease.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I
SECTION 1. That in all matters relating to the conveyance of the real herein described state owned property in White County and the acceptance of the herein described Sidney W. Shortt and Sherry E. Shortt owned real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 2. That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to convey the above-described real property in White County

1814

JOURNAL OF THE HOUSE,

by appropriate instrument to Sidney W. Shortt and Sherry E. Shortt and to accept as consideration therefor from Sidney W. Shortt and Sherry E. Shortt a conveyance of the above-described Sidney W. Shortt and Sherry E. Shortt owned real property, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 3. That the authorization in this resolution to convey the above-described property to Sidney W. Shortt and Sherry E. Shortt shall expire three years after the date that this resolution becomes effective.
SECTION 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 5. That the deed of conveyance shall be recorded by the grantee in the Superior Court of White 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 above-described real property located in Coffee 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 7. That the above-described real property shall be conveyed by appropriate instrument to the Douglas-Coffee County Industrial Authority by the State of Georgia, at such time as the Department of Public Safety declares the subject property surplus to its need, acting by and through the State Properties Commission, for a consideration of $10.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 8. That the Douglas-Coffee County Industrial Authority shall construct a new Georgia State Patrol facility acceptable to the Georgia State Patrol prior to the Georgia State Patrol vacating the current facility.
SECTION 9. That the authorization in this resolution to convey the above-described property to the Douglas-Coffee County Industrial Authority shall expire three years after the date that this resolution becomes effective.
SECTION 10. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 11. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Coffee County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE III
SECTION 12. That in all matters relating to the conveyance of the real herein described state owned property or property interest in Chatham County, Georgia, and the acceptance of the herein described Theodore I. Jockisch owned real property the State of Georgia is acting by and through its State Properties Commission.

THURSDAY, MARCH 12, 1998

1815

SECTION 13. That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to convey the herein described 9.57 acres of state owned real property in Chatham County by appropriate instrument to Theodore I. Jockisch and to accept as consideration therefor from Theodore I. Jockisch a conveyance of the above-described Theodore I. Jockisch owned real property and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 14. That the authorization in this resolution to convey the above-described property to Theodore I. Jockisch shall expire three years after the date this resolution becomes effective.
SECTION 16. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 16. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE IV
SECTION 17. That the State of Georgia is the owner of the referenced above-described real property in Land Lot 1218 of the 16th District, Second Section, Cobb 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 18. That the State of Georgia, acting by and through its State Properties Commission, is authorized to lease the above-described tract of land to the City of Marietta for a period of ten years commencing with the execution of the lease agreement.
SECTION 19. That the consideration for such lease shall be $250.00 per year, so long as the property is used for public purposes, 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 20. That any sublease of subject property must be approved by the State Properties Commission, and any remuneration resulting from a sublease in excess of $250.00 per year is to be remitted to the State of Georgia.
SECTION 21. That the State of Georgia, acting by and through its State Properties Commission, is authorized to convey the above-described tract of land to the City of Marietta for a consideration of the fair market value at any time during the term of the above-authorized lease, and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.
SECTION 22. That the authorization in this resolution to lease the above-described property to the City of Marietta shall expire five years after the date that this resolution becomes effective.
SECTION 23. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such leasing.

1816

JOURNAL OF THE HOUSE,

SECTION 24. That this lease agreement 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 V
SECTION 25. That Articles I, IV, and V of this resolution shall become effective upon their approval by the Governor or upon their becoming law without such approval. The remaining articles, sections, and provisions of this Act shall become effective July 1, 1998.
SECTION 26. 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:

Alien Y Anderson YAshe Y Bailey
Bannister YBarfoot Y Barnard YBarnes
Bates Y Benefield
YBu-dsong Y Bohannon Y Bordeaux Y Bradford
Breedlove 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 Y Connell Y Cooper Y Crawford Y Crews

Y Culbreth Y Cummings Y Davis, G Y Davis, M
Day Y DeLoach, B Y DeLoach, G YDii
Diion YDobbs Y Dukes YEhrhart
YEpps Y Evans Y Everett
Felton
YFloyd Y Franklin
Y Golden Y Graves YGreene Y Grindley Y Hammontree
Manner Y Harbin Y Heard YHecht YHeckstall
Y Hegstrom YHenson
Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H

Y Hudson, N Y Hugley Yhvin E 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 Manning
Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall E 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 YPoweU YPurcell
YRagas YRandall
ERay Y Reaves
Reichert YRice Y Richardson Y Roberts
Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett
YScheid Y Scott Y Sbanahan YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C
Y Smith, C.W Y Smith, L

Smith, L.R Y Smith, P Y Smith, T
Y Smith, V Smyre
Y Snelling YSnow YStallings
Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague Teper Y Thomas TiUman Y Titus
YTolbert ETrense
Y Tumquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest
Westmorland Whitaker YWUes
Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates
Murphy, Spkr

On the adoption of the Resolution, by substitute, the ayes were 154, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

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".

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

THURSDAY, MARCH 12, 1998

1817

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

Allen YAnderaon YA*he Y Bailey Y Bannister
YBarfoot Y Barnard
Barnes Y Bates Y Benefield
YBirdsong YBohannon Y Bordeaux Y Bradford
Bnedlove Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn Y Burkhalter YByrd Y Campbell Y Canty YCash Y Channel] Y Cbilden Y Clark YCoan Y Coleman, B YColeman, T YConneU Y Cooper YCrawford Y Crews

Y Culbreth Y Cunnnings Y Davis, G Y Da , M
Day Y DeLoach, B YDeLoach, G YDix
Dixon YDobbs Y Dukes
YEhrhart YEpps Y Evans YEverett YFelton YFloyd Y Franklin Y Golden Y Graves YGreene YGrindley YHammontree Y 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 E Jackson Y James Y Jamieson YJenkhM Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas
Maddox YMann
Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall E McClinton YMcKinney Y Mills Y Mobley YMosley Y Mueller YCTNeal YOrrock YParbam

YParrish Y Parsons YPelote Y Perry Y Pinholster YPoag YPolak
Ponder Y Porter Y Powell YPurcell
Ragas YRandall ERay Y Reaves Y Reicbert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scbeid Y Scott YShanahan 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
SneUing YSnow Y Stalling* Y Stancil, F YStancU, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague Teper Y Thomas YTillman Y Titus Y Tolbert ETrense Y Turnquest Twiggs Y Walker, L Y Walker, R.L YWataon YWest Y Westmorland Whitaker YWaes Y Williams, B Y Williams, J Y Williams, R YWorthan Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 160, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

SR 493. By Senator Griffin of the 25th:
A resolution authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia.

The following Committee substitute was read and adopted:

A RESOLUTION
Authorizing the conveyance of certain parcels of state owned real property located in Baldwin County, Georgia; to repeal conflicting laws; and for other purposes. WHEREAS:
(1) The State of Georgia is the owner of certain parcels of real property located in Baldwin County, Georgia; (2) Said real properties are all those tracts or parcels of land lying and being in the 319th GMD in Baldwin County, Georgia, containing approximately 90 acres fronting the west side of Highway 441 By-Pass and being denoted as PARCEL "A" on a drawing dated January 6, 1998, and approximately 8 acres fronting the east side of State Highway 22 and being denoted as PARCEL "B" on a drawing dated January 6, 1998, said drawing being on file in the offices of the State Properties Commission, and may be more particularly described on plats of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;

1818

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(3) Said property is under the custody of the Georgia Department of Juvenile Justice; (4) The above-described PARCEL "A" is separated from the main campus of the Baldwin County Youth Development Center by Highway 441 By-Pass and the above-described PARCEL "B" is separated from the main campus of the Baldwin County Youth Development Center by State Highway 22; (5) The subject properties are not being utilized and the Department of Juvenile Justice has determined it will have no future need for the properties; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Baldwin County, Georgia; (2) Said real property is all that tract or parcels of land lying and being in the 319th GMD in Baldwin County, Georgia, containing approximately 3 acres as shown as PARCEL "C" on a drawing dated January 7, 1998, on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Georgia Department of Juvenile Justice at its Baldwin County Youth Development Center campus; (4) The Baldwin County Chapter of the American Red Cross is desirous of relocating its present facilities to a new location and has determined that the subject property would be the preferred site to locate new facilities; (5) The subject property is currently not being utilized and the Department of Juvenile Justice has no objection to its disposition; and WHEREAS: (1) The State of Georgia is the owner of 72 certain parcels of improved real property located in the City of Milledgeville, Baldwin County, Georgia; (2) Said real properties are all those 72 houses and surrounding tracts or parcels of land as indicated on a drawing dated December 12, 1996, entitled "CSH Personal Dwellings" and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat or plats of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Human Resources and Department of Corrections for use as personal dwellings; (4) It has been determined that it would be in the best interests of the State of Georgia that all or a portion of the above-described improved properties be sold; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Baldwin County, Georgia; (2) Said real property is all those tracts or parcels of land lying and being in the 319th GMD in Baldwin County, Georgia, containing a total of approximately 10 acres as shown as PARCELS "G" and "F" on a drawing dated February 9, 1998, on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Georgia Department of Juvenile Justice at its Baldwin County Youth Development Center campus; (4) The Oconee Regional Medical Center, which is owned by the Hospital Authority of Baldwin County, is adjacent to the above-described property and is desirous of acquiring the property in order to expand its facilities; (5) The subject property is currently not being utilized by the Department of Juvenile Justice and the department has no objection to its disposition.
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 properties denoted as Parcel "A" and that in all matters relating to the conveyance of the real properties the State of Georgia is acting by and through its State Properties Commission.

THURSDAY, MARCH 12, 1998

1819

SECTION 2. That all or a portion of each of the above-described real properties shall be sold by competitive bid for a consideration of the fair market value of such properties as determined to be in the best interest of the State of Georgia by the State Properties Commission or shall be exchanged for property or properties of an equal value as determined to be in the best interest of the State of Georgia by the State Properties Commission; provided, however, that all or a portion of each of the above-described real properties may be sold to a city, county, school board, or other local public entity, which shall include development authorities, for not less than the fair market value without the necessity of competitive bid, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 3. That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution becomes effective.
SECTION 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale.
SECTION 5. That the deed of conveyance shall be recorded by the purchaser in the Superior Court of Baldwin 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 above-described real property denoted as PARCEL "C" 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 7. That the above-described property located in Baldwin County shall be conveyed by appropriate instrument to the Baldwin County Chapter of the American Red Cross by the State of Georgia, acting by and through its State Properties Commission, for the consideration of the fair market value, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 8. That the authorization in this resolution to convey the above-described property to the Baldwin County Chapter of the American Red Cross shall expire three years after the date that this resolution becomes effective.
SECTION 9. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale.
SECTION 10. That the deed of conveyance shall be recorded by the purchaser in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE III
SECTION 11. That the State of Georgia is the owner of the above-described real properties denoted and entitled "CSH Personal Dwellings" and that in all matters relating to the conveyance of the real properties the State of Georgia is acting by and through its State Properties Commission.

1820

JOURNAL OF THE HOUSE,

SECTION 12. That all or a portion of each of the above-described real properties shall be sold by appropriate instrument by the State of Georgia, acting by and through the Department of Human Resources with the approval of the State Properties Commission, for a consideration of the fair market value as determined by the State Properties Commission, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; provided, however, that any of the existing tenants of the 72 parcels of improved real property shall have the option to purchase the parcel of improved real property where such person resides for a consideration of the fair market value of such property as determined by the State Properties Commission less 10 percent, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia; provided, further, that an existing tenant shall have 30 days from the date of receiving notice of such option from the State Properties Commission to exercise such option and the exercise of such option to purchase shall be in the form and manner as prescribed by the State Properties Commission. If a tenant fails to exercise an option to purchase, the parcel of improved real property subject to the option shall be sold as provided in this section.
SECTION 13. That a minimum of five of the above-described houses and surrounding tracts or parcels shall be available for sale at all times until it is determined by the State Properties Commission that no further houses and surrounding tracts or parcels should be sold.
SECTION 14. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 15. That the deeds of conveyance shall be recorded by the purchaser in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE IV
SECTION 16. That the State of Georgia is the owner of the above-described real property denoted as PARCELS "G" and "F" 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 17. That the above-described property located in Baldwin County shall be conveyed by appropriate instrument to the Hospital Authority of Baldwin County by the State of Georgia, acting by and through its State Properties Commission, for the consideration of the fair market value, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 18. That the Hospital Authority of Baldwin County will not construct any facility or operate any program that would cause the Hospital Authority of Baldwin County to object to any activities or construction that the Department of Juvenile Justice may deem appropriate for the custody, care, or treatment of juveniles on the adjacent property remaining under the custody of the Department of Juvenile Justice.
SECTION 19. That the Hospital Authority of Baldwin County will not construct any facility or conduct any programs that would cause the Department of Juvenile Justice to make modifications to the existing dam on the property adjacent to the site desired by the Hospital Authority of Baldwin County; and if such construction or programs were inadvertently pursued by

THURSDAY, MARCH 12, 1998

1821

the hospital, the cost to the Department of Juvenile Justice for modifications to the dam would be reimbursed by the Hospital Authority of Baldwin County.
SECTION 20. That the authorization in this resolution to convey the above-described property to the Hospital Authority of Baldwin County shall expire three years after the date that this resolution becomes effective.
SECTION 21. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale.
SECTION 22. That the deed of conveyance shall be recorded by the purchaser in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE V
SECTION 23. 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 YAnderaon 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 Bucfawr YBunn Y Burkhalter YByrd Y Campbell Y Canty YCash Y Channel! Y Cbilders
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
Day Y DeLoach, B YDeLoach, G YDix
Dixon YDobbs Y Dukes
YEhrhart YEpps Y Evans Y Everett Y Felton YFloyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree
Banner
Y Harbin Y Heard YHecht
YHeckstall Y Hegstrom
Henson Y Holland Y Holmes Y Houston Y Howard
YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin
E 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 Martin, J.L
YMawey YMcBee YMcCall E McClinton Y McKinney YMills Y Mobley
Y Mosley Y Mueller YO'Neal YOrrock
YParham

YParrUh Y Parsons Y Pelote Y Perry
Y Pinholster YPoag YPolak
Ponder Y Porter YPowell YPurcell
YRagas YRandaU ERay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal
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 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 Teper Y Thomas YTfflman Titus Y Tolbert ETrense Y Turnquest Twiggs 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 Y Worthan YYates
Murphy, Spkr

On the adoption of the Resolution, by substitute, the ayes were 158, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

1822

JOURNAL OF THE HOUSE,

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.
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 Andenon
YAshe Y Bailey Y Bannister
Barfoot Y Barnard YBarnes Y Bates Y Benefield YBirdaong YBohannon Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks
Brown YBuck Y Buckner YBunn Y Burkhalter
YByrd Y Campbell Y Canty YCaah 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 Day
YDeLoach, B
Y DeLoach, G YDix
Dixon
YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton YFloyd YFranldin Y Golden Y Graves Y Greene Y Grindley Y Hammontree
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 Y Hugley Ylrvin
E 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
Maddoi YMann Y Mtmning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall E McClinton
McKinney Y Mills
Y Mobley YMosley Y Mueller
O'Neal YOrrock YParham

YParrish Y Parsons Y Pelote
Perry Y Pinholster YPoag YPolak
Ponder
Y Porter YPowell
YPurcell YRagas YRandall ERay 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 YSherrUl YShipp
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
Smyre YSnelling
YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague Teper Y Thomas Y Tillman Titus Y Tolbert ETrense
Y Turnquest YTwiggs
Y Walker, L Y Walker, R.L
Y Watson YWest Y Westmoreland
Whitaker YWaes Y Williams, B Y 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.

Representative Sims of the 167th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SR 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 certain real property owned by the State of Georgia in Cobb County, Georgia; to provide an effective date.

The following Committee substitute was read and adopted:

THURSDAY, MARCH 12, 1998

1823

A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Hancock County; authorizing the conveyance of certain state owned real property located in Appling County; authorizing the conveyance of certain state owned real property located in Fulton 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 the City of Sparta, Hancock County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 102nd G.M. District of Hancock County and containing approximately 5 acres as shown on a plat of survey prepared by P.E. Ogletree, Georgia Registered Land Surveyor No. 902, dated August 27, 1959, and revised February 7, 1962, and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented by the grantee to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Defense and is the location of the National Guard Armory for Hancock County; (4) The Department of Defense is consolidating its activities and responsibilities throughout the state and has determined that the subject property is no longer required to support their current missions or any anticipated future missions and have therefore declared the property surplus; (5) The Hancock County Board of Commissioners conveyed the above-described property to the state December 1, 1959, for the consideration of $1.00; (6) The Hancock County Board of Commissioners is desirous of acquiring the abovedescribed state owned property; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Appling County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 191 of the 2nd District of Appling County and containing approximately 7.16 acres as shown on a plat of survey prepared by H. K. Emanuel dated December 2, 1961, and revised February 7, 1962, and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented by the grantee to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Defense and is the location of the National Guard Armory for Appling County; (4) The Department of Defense is consolidating its activities and responsibilities throughout the state and has determined that at some point in the future the subject property may be declared surplus; (5) The Appling County Board of Commissioners conveyed the above-described property to the state on January 12, 1962, for the consideration of $10.00; (6) The Appling County Board of Commissioners is desirous of acquiring the abovedescribed state owned property for public use if the property is declared surplus; and WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Fulton County, Georgia; (2) Said parcels of real property are all those portions of parcel 4 and parcel 8 as shown on Right of Way and Track Map, Western and Atlantic Railroad Company, drawing V221 and V302/1, containing approximately 1.69 acres, dated July 29, 1958, said parcels being described as parcels "A", "B" and "C" and located in Land Lot 243 and Land Lot 244 of the 17th District of Fulton County, 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 registered land surveyor and presented by the grantee to the State Properties Commission for approval; (3) The above-described property was a part of the state owned Western and Atlantic Railroad right of way and has been abandoned and is no longer needed by the state;

1824

JOURNAL OF THE HOUSE,

(4) The City of Atlanta is expanding its R. M. Clayton Wastewater Treatment Plant on property which adjoins the above-described property; and (5) The City of Atlanta is desirous of obtaining the above-described property as a part of said expansion.
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 located hi Hancock 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 located in Hancock County shall be conveyed by appropriate instrument to the Hancock County Board of Commissioners by the State of Georgia, acting by and through the State Properties Commission, for the consideration of $1.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 3. That, if the Hancock County Board of Commissioners determines the need to convey all or a portion of the above-described property to a private person or corporation or other entity, then, before any such disposition, the State Properties Commission shall have first approved both the disposition and the monetary consideration for said disposition, which consideration shall not be less than the fair market value of such property. Any such State Properties Commission approval shall be conditioned on said monetary consideration, less any incurred expenses of disposition which have been approved by the State Properties Commission, being received and deposited by the State Properties Commission into the treasury of the State of Georgia.
SECTION 4. That the authorization in this resolution to convey the above-described property to the Hancock County Board of Commissioners shall expire three years after the date that this resolution becomes effective.
SECTION 5. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 6. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Hancock County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE II
SECTION 7. That the State of Georgia is the owner of the above-described real property located in Appling 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 8. That the above-described real property located in Appling County may be conveyed by appropriate instrument to the Appling County Board of Commissioners by the State of Georgia, acting by and through the State Properties Commission after the Department of Defense declares the property surplus to its needs and vacates the facilities, for the consideration of $10.00 so long as the property is used for public purposes and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.

THURSDAY, MARCH 12, 1998

1825

SECTION 9. That the authorization in this resolution to convey the above-described property to the Appling County Board of Commissioners shall expire five years after the date that this resolution becomes effective.
SECTION 10. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 11. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Applirg County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE HI
SECTION 12. That the State of Georgia is the owner of the above-described real property located in Fulton 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 13. That the above-described real property located in Fulton County shall be conveyed by appropriate instrument to the City of Atlanta by the State of Georgia, acting by and through the State Properties Commission, for the consideration of $10.00 so long as the property is used for public purposes and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 14. That the authorization in this resolution to convey the above-described property to the City of Atlanta shall expire three years after the date that this resolution becomes effective.
SECTION 15. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 16. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE IV
SECTION 17. 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 YAnderaon YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes

Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford
Breedlove Y Bridges

Brooks Y Brown Y Buck Y Buckner
Bunn 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 Da , G Y Da , M

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JOURNAL OF THE HOUSE,

Day YDeLoach, B
YDeLoach, G YDix YDixon YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett YFelton YFloyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree
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 E Jackson Y James Y Jamieson YJenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly
Lane YLee Y Lewis
YLord Lucas Maddox
YMann Y Manning Y Martin, J Y Martin, J.L

YMassey YMcBee
McCall E McClinton
McKinney
Y Mills Y Mobley YMosley Y Mueller
O'Neal
YOrrock Parham
YParrish Y Parsons
Pelote Y Perry Y Pinbolster YPoag YPolak Y Ponder Y Porter YPowell
YPurcell YRagas YRandall
ERay Y Reaves Y Reichert

YRice Y Richardson
Roberts
Y Rogers Y Royal
Sanders
Y Sauder Y Scarlett
YScheid Y Scott YShanahan
YShaw 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
Smyre YSnefflng YSnow YStaUings

Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P
Y Stephens Y Taylor
Teague Teper
Y Thomas YTUlman
Y Titus Y Tolbert ETrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L
Y Watson YWest Y Westmoreland
Whitaker Y Wiles Y Williams, B
Y Williams, J Y Williams, R
YWorthan YYates
Murphy, Spkr

On the adoption of the Resolution, by substitute, the ayes were 151, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

Representative Sims of the 167th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SR 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).
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
Y Barnard YBarnes
Bates Y Benefield
Y Birdsong YBohannon Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown YBuck
Y Buckner YBunn

Y Burkhalter
Y Byrd Y Campbell
Y Canty YCash Y Channell Y Childera
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 Day
Y DeLoach, B

Y DeLoach, G YDix YDixon
YDobbs Y Dukes
Ehrhart YEpps Y Evans
Y Everett 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 Y Hudgens
Y Hudson, H Y Hudson, N
Y Hugley Irvin
E Jackson Y James Y Jamieson Y Jenkuis Y Johnson Y Johnston Y Jones Y Joyce YKaye

YLadd YLakly YLane
Lee Y Lewis YLord Y Lucas
Maddox
Mann Y Manning Y Martin, J Y Martin, J.L
YMassey YMcBee
McCall E McClinton
McKinney Y Mills Y Mobley YMosley Y Mueller

THURSDAY, MARCH 12, 1998

1827

YO-Neal Orrock
YParham YParrish Y Parsons YPelote Y Perry YPinholster YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas

YRandall ERay Y Reaves YReichert YRice Y Richardson Y Roberts Y Rogers Y Royal
Sanders Y Sander Y Scarlett
YScheid Y Scott
Shanahan

YShaw YShenill
YShipp YSims YSinkiield
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 StancU, F Y StancU, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper Y Thomas YTfflman Y Titus Y Tolbert ETrense

Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmorland
Whi taker 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 158, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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 Annotated, 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.

The report of the Committee, which was favorable to the 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
Y Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove
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 YConnell Y Cooper Y Crawford Y Crews

Y Culbreth Y Cuxnmings Y Da , G
Y Davis, M Day
Y DeLoach, B Y DeLoach, G YDix YDiion YDobbs Y Dukes
Ehrhart YEpps Y Evans YEverett
Felton
YFloyd Y Franklin
Y Golden Y Graves YGreene Y Grindley Y Hammontree
Banner Y Harbin Y Heard
YHecht YHeckstall YHegetrom YHenson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin E Jackson Y James Y Jamieson
Jenkins Johnson Y Johraton 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 E McClinton
McKinney Y Mills
Y Mobley YMosley Y Mueller YO'Neal
Y Orrock YParham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster
YPoag Polak
Y Ponder Y Porter Y Powell YPurcell YRagas
Randall ERay Y Reaves Y Reichert YRice Y Richardson
Y Roberts Y Rogers Y Royal
Sanders Y Sauder Y Scarlett YScheid Y Scott
Shanalum
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
Smith, T Y Smith, V Y Smyre Y Snelling 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 E Trense
Turnquest YTwiggs
Walker, L Y Walker, R.L Y Watson YWest Y Westmorland
Whitaker Y Wiles
Williams, B Y Williams, J Y Williams, R
Y Worthan Y Yates
Murphy, Spkr

1828

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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 Annotated, 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.

The following Committee substitute was read:

A BILL
To amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to state highway system, so as to change certain provisions relating to the Outdoor Advertising Citizens Advisory Council and its membership, functions, election of officers, rules of operation, meetings, compensation, and expenses; to provide for a Roadside Enhancement and Beautification Council; to change certain provisions relating to authority of the commissioner of transportation to issue permits for trimming and removing trees and vegetation on state rights of way; to provide for legislative findings and declarations; to provide for a Georgia Wildflower and Roadside Enhancement and Beautification Trust Fund; to change certain provisions relating to application for tree trimming and removal permit and annual renewal, application fees, use of fees, landscape plan, and expenses of trimming; to provide for penalties and remedies for violations; to change certain provisions relating to promulgation of rules and regulations by the department of transportation; to provide effective dates; to provide for effectiveness of certain provisions on a date certain contingent upon ratification of a constitutional amendment; to provide for automatic repeal of certain provisions otherwise; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to state highway system, is amended by striking Code Section 32-6-75.1, relating to the Outdoor Advertising Citizens Advisory Council and its membership, functions, election of officers, rules of operation, meetings, compensation, and expenses, and inserting in lieu thereof the following:
"32-6-75.1.
(a)(l) The commissioner Governor shall appoint a Outdoor Advertising Citigena Advisory a Roadside Enhancement and Beautification Council composed of seven 12 members. The advisory council shall include the chairman chairperson of the Senate Transportation Committee; the chairman chairperson of the House Transportation Committee; a member from the Georgia Conservancy; a member from the Garden Clubs of Georgia, Inc.; a member of the faculty of the School of Environmental Design at the University of Georgia; a member from the Sierra Club; a member from the Georgia Wildlife Federation; twe four members w&h business interests the outdoor advertising industry of the Outdoor Advertising Association of Georgia, Inc.; and the director ef the Operations Division deputy commissioner of the Georgia Department of Transportation.
(2) (A) Terms of those members representing the Georgia Conservancy, the Garden Clubs of Georgia, and the School of Environmental Design and of two of those members representing the Outdoor Advertising Association shall expire on January

THURSDAY, MARCH 12, 1998

1829

lj 2001, and quadrennially thereafter. Such members may be appointed to successive terms. (B) Terms of those members representing the Sierra Club and the Georgia Wildlife Federation and of two of those members representing the Outdoor Advertising Association shall expire on January 1. 2003. and quadrennially thereafter. Such members may be appointed to successive terms. (3) A landscape architect employed by the department and designated by the commissioner shall serve as an adviser to the council. (b) The advisory council shall aid the commissioner in formulating policies and discussing problems related to the administration of this article. In addition, the advisory council shall advise the commissioner en the standards and policies te fee ttseel fey the deportment in the following specific areas: (1) 3%e stady ef whether the trimming et trees and vegetation en state fights ef way should fee permitted in front ef legal and noneonfomiing outdoor advertising signs; and Review, comment upon, and make recommendations to the commissioner on the standards and policies to be used in the trimming and removal of vegetation on state rights of way in front of legally erected and maintained outdoor advertising signs; (2) If the commissioner, alter consultation with the advisory council, determines that stteh trimming should fee permitted, the advisory eneii shaH advise the deportment
OB DUG irMHiilCr ADu 8t&HClA'Fu9 UDQGF Will CD 9UCn pCPHlltS SflOUlQ O& P6UltGQ Dy WlC
jfinni*tonput no wfill nn thp sjji nrf flrH n fnr thf t<iintj^nnnrr nf jmph JritttTyiprf Jirrnn
Make recommendations to the department regarding standards for vegetation removal and landscape and maintenance plans submitted by permittees; (3) Review the performance of permittees holding current tree and vegetation trimming permits issued under Code Section 32-6-75.3 for compliance with the requirements of such permits including without limitation the implementation of landscaping plans: (4) Encourage the contribution of funds from appropriate sources to the Georgia Wildflower and Roadside Enhancement and Beautification Trust Fund established pursuant to Code Section 32-6-75.2; (5) Submit to the commissioner annually not later than 30 days after the date of its fourth quarter meeting a written report of findings based upon its reviews of permittees' performances and recommendations including without limitation any recommendations for expenditures from the Georgia Wildflower and Roadside Enhancement and Beautification Trust Fund established pursuant to Code Section 32-6-75.2; and (6) Perform such other functions as may be specified for the council by the department. The council shall have full and complete access to all department records necessary for the performance of its duties. (c) The advisory council shall meet to elect a chairman and vicc-choifman chairperson and vice chairperson and to establish the rules governing its operation. The advisory council shall meet at the call of the chairman chairperson and shall meet not less than
(d) Each advisory council member councilmember shall be compensated at a rate ef $44rOe per day the same as that rate per day provided b^ law for members of the General Assembly serving on interim committees and shall be reimbursed for any necessary expenses? Any] provided, however, that any full-time state employee on the advisory council shall draw no compensation but shall receive necessary expenses. The commissioner is authorized to pay such compensation and expenses from department funds. (e) The Outdoor Advertising Citizens Advisory Council formerly provided by this Code section shall stand abolished on January 1 1999."
SECTION 2. Said part is further amended by striking Code Section 32-6-75.2, relating to authority of commissioner of transportation to issue permits for trimming trees and vegetation on state rights of way, which reads as follows:
"32-6-75.2.

1830

JOURNAL OF THE HOUSE,

Notwithstanding any other provisions of this title, the commissioner shall have the authority to issue permits and the annual renewal thereof for the trimming of trees and vegetation on the state's rights of way for the purposes of administering this article.", and by inserting in lieu thereof the following:
"32-6-75.2.
There is established a special fund to be known as the 'Georgia Wildflower and Roadside Enhancement and Beautification Trust Fund.' This fund shall consist of all moneys paid into the fund under Code Section 32-6-75.3, any appropriations by the General Assembly to the fund, any contributions to the fund from any other source, and all interest thereon. All balances in the fund shall be deposited in an interest-bearing account identifying the fund and shall be carried forward each year so that no part thereof may be deposited in the general treasury. The department shall administer the fund and expend moneys held in the fund in furtherance of roadside enhancement and beautification projects along public roads in this state and administration of the tree and vegetation trimming permit program under Code Section 32-6-75.3. Contributions to the fund shall be deemed supplemental to and shall in no way supplant funding that would otherwise be appropriated for these purposes. The department shall prepare, by February 1 of each year, an accounting of the funds received and expended from the fund. The report shall be made available to the members of the State Transportation Board and to members of the public on request."
SECTION 3. Said part is further amended by striking in its entirety Code Section 32-6-75.3, relating to application for tree trimming permit and annual renewal, application fees, use of fees, landscape plan, and expenses of trimming, which reads as follows:
"32-6-75.3.
(a) Application for a tree trimming permit and the annual renewal thereof shall be made upon the forms prescribed and provided by the department and shall contain the signature of the applicant and such other information as may be required by the department's rules and regulations. The applicant shall either:
(1) Attach to the application form a copy of the landscape plan for the area desired to be trimmed and after approval by the department shall trim the area at its own expense; or (2) Request that the department develop a landscape plan and trim the area, and the applicant shall then reimburse the department for the plan and the trimming. (b) An application fee of $25.00 shall accompany the application for each tree trimming permit, and both the application and the fee shall be submitted to the department. There shall be a fee of $25.00 for the annual renewal of the permit. The money received from these permit fees shall be used to help defray the expenses of administering this Code section, any provisions of Code Section 48-2-17 to the contrary notwithstanding.", and by inserting in lieu thereof the following:
"32-6-75.3.
(a) In the exercise of its general constitutional powers, including specifically the powers under Article III, Section XI, Paragraphs 11(5) and (6), and to encourage and promote tourism and the control and regulation of outdoor advertising, the General Assembly finds and declares that outdoor advertising provides a substantial service and benefit to Georgia and Georgia's citizens as well as the traveling public. Therefore, the General Assembly declares it to be in the public interest that provisions be made for the visibility of outdoor advertising displays legally erected and maintained along the highways in this state in order to promote tourism and to provide information regarding places offering lodging, food, motor vehicle fuels and lubricants, motor service and repairs, or any other services or products available to the general public. Recognizing, however, that the beautification of this state and the health of its environment are absolutely essential and equally as important to the traveling public, the General Assembly finds and declares that these needs must be balanced.

THURSDAY, MARCH 12, 1998

1831

(b)(l) So as to promote these objectives and in accordance with the provisions of this Code section, the commissioner shall provide by rule or regulation for the issuance and annual renewal of permits for the trimming and removal of trees and other vegetation on the state rights of way with respect to outdoor advertising displays legally erected and legally maintained adjacent to said rights of way. (2) So as to ensure that no vegetation maintenance permits are issued for the purpose of creating new outdoor advertising signs, no owner of outdoor advertising displays erected after January 1, 1999, or such owner's agent, will be eligible to make application for vegetation maintenance for a period of five years from the date a new display is permitted.
(c) Application for a tree or vegetation trimming or removal permit and the annual renewal thereof shall be made upon the forms prescribed and provided by the department and shall contain the signature of the applicant and such other information as may be required by the department's rules and regulations.
(d) An application fee shall accompany the application for each vegetation maintenance permit and both the application and fee shall be submitted to the department. There shall be an annual renewal of the permit for activities in the original scope of the per-
mit. The department shall promulgate rules and regulations setting forth the application fees and renewal fees. Such application and renewal fees shall be established by the department in reasonable amounts in order to fully recover the costs of administering the vegetation maintenance program.
(e)(l) The department shall evaluate each application for a permit under this Code section and require as a condition of granting any permit under this Code section that
the value of the landscaping to be either provided or paid for by the applicant is not less than the value of trees, vegetation, or any other public property which the applicant seeks to remove from the state right of way; provided, however, that a permit
may be granted to an otherwise qualified applicant in a case where the value of the landscaping to be either provided or paid for by the applicant is less than the depart-
ment's appraised value of the trees, vegetation, or any other public property which the applicant seeks to remove from the right of way if, in addition, the applicant pays to
the department an amount equal to the amount of the difference between the value of the landscaping to be either provided or paid for by the applicant and the depart-
ment's appraised value of the trees, vegetation, or other public property which the applicant seeks to remove from the right of way.
(2) (A) No cutting or removal of any historic or endangered species tree or any trees planted as part of any local, state, or federal government project shall be permitted under this Code section.
(B) Pruning or trimming of trees under a permit shall conform to industry standards as defined by the National Arborist Association, International Society of Arboriculture.
(3) An applicant's record of conduct regarding disturbance of trees or other vegetation on state rights of way shall be considered by the department as part of the evaluation
process for any permit or permit renewal application. (4) Prior to approving any permit application to remove allegedly diseased trees, the
department shall verify that such trees are in fact diseased. Such determination shall be made by the department's landscape architect.
(5) A performance bond in an amount adequate for the requirements of the permit as determined by the department shall be required of each permittee.
(f)(l) No trees or other vegetation on state rights of way shall be trimmed or removed other than in accordance with a permit issued under this Code section by any person
other than the department or an authorized agent or contractor thereof. (2) No outdoor advertising sign to which a permit under this Code section is applica-
ble shall be unused for advertising for a period of six consecutive months or more. (3) On and after July 1, 1999, no outdoor advertising sign to which a permit under
this Code section is applicable shall be maintained in such a condition of disrepair as to be unusable for advertising.
(4) (A) In cases where the department has reasonable cause to believe that a violation of this subsection has been committed by any person, the procedures provided

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JOURNAL OF THE HOUSE,

under Code Section 32-6-95 shall apply the same as in cases wherein the department believes that a sign is being maintained in violation of this part. (B) Following notice, hearing, and a finding that a person has committed a violation of paragraph (1) of this subsection, a civil fine of not less than $10,000.00 nor more than $20,000.00, and an additional civil fine in an amount equal to the appraised value of the trees or vegetation, or both, which were unlawfully trimmed or removed, shall be imposed on such person. (C) Following notice, hearing, and a finding that a permittee under this Code section has committed a violation of paragraph (2) of this subsection, an order directing the removal of such unused sign, at the expense of the permittee, shall be issued. (D) Following notice, hearing, and a finding that a permittee under this Code section has committed a violation of paragraph (3) of this subsection, an order directing the removal of such unusable sign shall be issued. (E) The department or its authorized agents shall be authorized to enter upon private lands and disassemble and remove signs without civil or criminal liability therefor pursuant to an order issued in accordance with this paragraph and as provided by Code Section 32-6-96 for disassembly and removal of illegal outdoor advertising signs. (g) All funds collected pursuant to this Code section shall be deposited into the Georgia Wildflower and Roadside Enhancement and Beautification Trust Fund provided under Code Section 32-6-75.2."
SECTION 4. Said part is further amended by striking Code Section 32-6-90, relating to promulgation of rules and regulations by the department of transportation, and inserting in lieu thereof the following:
"32-6-90.
The department is authorized to promulgate rules and regulations governing the issuance and revocation of permits for the erection and maintenance of outdoor advertising which is authorized by Code Sections 32-6-72 and 32-6-73 and which is not prohibited by this part. The department is further authorized to promulgate rules and regulations governing the issuance, revocation, and renewal of permits for the trimming of trees and vegetation on the state's rights of way authorized by and in accordance with Code Section 32-6-76.2 32-6-75.3. Such rules and regulations shall be consistent with the safety and welfare of the traveling public, and as may be necessary to carry out the policy of the state declared in this part, and consistent with the purposes of the Highway Beautification Act of 1965, Public Law 89-285, as amended, and contained in Title 23, United States Code. The department is further authorized to promulgate such rules and regulations as are necessary to carry out this part."
SECTION 5. The provisions of Section 2 of this Act shall become effective on January 1, 1999, upon the ratification of a resolution at the November 1998 state-wide election which amends the Constitution so as to authorize the General Assembly to provide by general law for a wildflower and roadside enhancement and beautification fund from which funds shall be disbursed for enhancement and beautification of public rights of way, for allocation of revenue from tree and vegetation trimming permit fees and additional assessments thereto to such fund, for nonlapsing of moneys paid into such fund, and that such Act may originate in the Senate. If such a resolution is not so ratified, Section 2 of this Act shall not become effective; but all other provisions of this Act shall be effective as of the date of the Governor's signature or its becoming law without such signature.
SECTION 6. The provisions of this Act shall be severable; and if any phrase, clause, sentence, or provision of this Act is declared by a court of competent jurisdiction to be contrary to the Constitution or if the applicability thereof to any government, agency, person, or circumstance

THURSDAY, MARCH 12, 1998

1833

is held invalid, the validity of the remainder of this Act and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

Pursuant to Rule 134, Representatives Lewis of the 14th and Hudgens of the 24th were excused from voting on SB 337.

The following amendment was read:

Representatives Channel! of the lllth, Dobbs of the 92nd, Benefield of the 96th and McCall of the 90th move to amend the Committee substitute to SB 337 by striking lines 24 through 27 of page 7 and inserting in lieu thereof the following:
"(2) (A) No removal of any hardwood tree having a diameter of the outside bark of more than 8 inches at a height of 6 inches above ground level or any historic or endangered species tree or any tree planted as part of any local, state, or federal government project shall be permitted under this Code section.".

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
YBarfoot Y Barnard YBames 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
Y Canty YCaah 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 YDeLoach, B
Y DeLoach, G YDix YDiion
Y Dobbs Y Dukes YEhrhart YBpps Y Evans YEverett Y Felton YFloyd N Franklin Y Golden Y Graves YGreene YGrindley Y Hammontree Y Manner Y Harbin Y Heard YHecht
YHeckstall YHegstrom YHenson
N Holland Y Holmes Y Houston Y Howard
Hudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin E Jackson
Y James Y Jamieson YJenkins Y Johnson
Johnaton Y Jones Y Joyce YKaye YLadd YLakly YLane YLee
Lewis YLord Y Lucas
Maddoi YMann Y Muming Y Martin, J Y Martin, J.L
YMassey YMcBee Y McCall
E McClintoD 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
Powell YPurcell YRagas YRandall YRay Y Reaves YReichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett YScheid
Y Scott YShanahan YShaw YSherrill YShipp YSims YSinkfield
Y Skipper Y Smith, C Y Smith, C.W
Y Smith, L

On the adoption of the amendment, the ayes were 167, nays 2. The amendment was adopted.

The following amendment was read:

Y Smith, L.R Y Smith, P Y Smith, T
Y Smith, V YSmyre YSnelling
YSnow YStaUings Y Stand], F Y Stand), S Y Stanley, L
Stanley, P Y Stephens Y Taylor
Teague YTeper Y Thomas YTiUman Y Titus Y Tolbert ETrense 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 YYates
Murphy, Spkr

1834

JOURNAL OF THE HOUSE,

Representative Porter of the 143rd moves to amend the Committee substitute to SB 337 by striking lines 37 through 41 on page 5 and lines 1 through 16 on page 6 and inserting in lieu thereof the following:
"(a) To promote the objectives and in".
By striking line 24 on page 6 and inserting in lieu thereof the following:
"(b) To ensure that no vegetation maintenance".

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 NBarfoot Y Barnard NBames N Bates N Benefield NBirdsong Y Bohannon Y Bordeaux Y Bradford N Breedlove
N Bridges Y Brooks Y Brown
YBuck Y Buckner YBunn Y Burkhalter NByrd Y Campbell Y Canty NCash N Channel!
Y Childers Y Clark NCoan
Y Coleman, B N Coleman, T NConneU N Cooper N Crawford N Crews

Y Culbreth N Cummings N Davis, G Y Davis, M YDay N DeLoach, B Y DeLoach, G NDix NDixon YDobbs Y Dukes
NEhrhart NEpps Y Evans
N Everett Y Felton NFloyd N Franklin N Golden
N Graves YGreene NGrindley N Hanunontree N Manner
Y Harbin N Heard NHecht N Heckstall Y Hegstrom YHenson N Holland
Y Holmes Y Houston
N Howard Hudgens
N Hudson, H

N Hudson, N Y Hugley Ylrvin E Jackson
N James Y Jamieson N Jenkins N Johnson Y Johnston N Jones N Joyce YKaye NLadd NLakly NLane NLee
Lewis NLord N Lucas
Maddoi YMann
N Manning Y Martin, J N Martin, J.L NMassey YMcBee NMcCall E McClinton N McKinney
N Mills Y Mobley N Mosley Y Mueller YO'Neal YOrrock YParham

NParrish N Parsons Y Pelote
N Perry Y PinhoUter NPoag YPolak N Ponder Y Porter Y Powell NPurcell NRagas NRandaU NRay N Reaves N Reichert YRice N Richardson
N Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett N Scheid N Scott N Shanahan NShaw Y Sherrill NShipp
YSims Y Sinkfield N Skipper N Smith, C N Smith, C.W Y Smith, L

On the adoption of the amendment, the ayes were 67, nays 104. The amendment was lost.

N Smith, L.R Y Smith, P N Smith, T N Smith, V YSmyre NSnelling NSnow NStaUings N Stancil, F Y Stancil, S Y Stanley, L
Stanley, P N Stephens Y Taylor
Teague YTeper
N Thomas NTillman
N Titus N Tolbert ETrense Y Tumquest 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 N Worthan YYates
Murphy, Spkr

The following amendment was read:

Representative Porter of the 143rd moves to amend the Committee substitute to SB 337 by striking line 1 on page 6 and inserting in lieu thereof the following:
"outdoor advertising provides a service and".

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

N Alien Y Anderson YAshe

N Bailey Y Bannister NBarfoot

Y Barnard YBaraes N Bates

N Benefield N Birdaong Y Bohannon

Y Bordeaux Y Bradford N Breedlove

THURSDAY, MARCH 12, 1998

1835

Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter NByrd Y CampbeU Y Canty NCash NChanneU
Y ChUders Y Clark NCoan Y Coleman, B YColeman, T YConneU Y Cooper N Crawford Y Crews Y Culbreth Y Cununings
N Davis, G N Davis, M YDay YDeLoach, B YDeLoach, G YDix YDixon YDobbs Y Dukes NEhrhart

NEpps Y Evans YEverett YFelton NFloyd N Franklin
N Golden N Graves
YGreene Y Grindley Y Hanunontree NHanner Y Harbin N Heard NHecht NHeckstall YHegstrom YHenson N Holland
Y Holmes Y Houston N Howard
Hudgens N Hudson, H N Hudson, N Y Hugley Ylrvin E Jackson N James Y Jamieson Y Jenkins Y Johnson Y Johnston

N Jones N Joyce YKaye NLadd NLakly NLane NLee
Lewis NLord N Lucas
Maddox YMann Y Manning Y Martin, J N Martin, J.L NMassey YMcBee NMcCall E McClinton N McKinney NMills Y Mobley
NMosley Y Mueller Y O'Neal YOrrock
YParham NParrish N Parsons Y Pelote N Perry Y Pinholster
NPoag

YPolak N Ponder Y Porter YPowell NPurceU YRagas NRandall NRay N Reaves N Reichert YRice N Richardson
N Roberts N Rogers N Royal Y Sanders N Sauder
N Scarlett Y Scheid Y Scott
Y Shanahan NShaw YSherrill
NShipp YSims Y Sinkfield
N Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P N Smith, T

N Smith, V YSmyre N Snelling NSnow YStallings N Stancil, F Y Stancil, S Y Stanley, L
Stanley, P N Stephens Y Taylor
Teague YTeper Y Thomas NTillman N Titus N Tolbert ETrense Y Turnquest NTwiggs N Walker, L N Walker, RL N Watson YWest N Westmoreland N Whitaker Y Wiles Y Williams, B N Williams, J Y Williams, R N Worthan YYates
Murphy, Spkr

On the adoption of the amendment, the ayes were 91, nays 80. The amendment was adopted.

Representative Benefield of the 96th moved that the House reconsider its action in adopting the Porter amendment.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien N Anderson MAshe Y Bailey Y Bannister YBarfoot N Barnard YBarnes
Y Bates Y Benefield YBirdsong NBohannon N Bordeaux N Bradford YBreedlove N Bridges N Brooks
N Brown NBuck N Buckner YBunn Y Burkhalter YByrd N Campbell
N Canty NCash Y Channel!
N Guilders N Clark YCoan N Coleman, B Y Coleman, T

N Connell N Cooper Y Crawford N Crews N Culbreth Y Cummings Y Davis, G N Davis, M NDay Y DeLoach, B NDeLoach, G YDix NDixon
NDobbs N Dukes YEbrhart YEpps N Evans N Everett NFelton YFloyd Y Franklin
Y Golden Y Graves NGreene Y Grindley N Hanunontree Y Manner N Harbin Y Heard YHecht
YHeckstall

N Hegstrom N Henson Y Holland N Holmes N Houston N Howard
Hudgens
N Hudson, H Y Hudson, N N Hugley NIrvin
E Jackson Y James Y Jamieson N Jenkins Y Johnson N Johnston Y Jones
Y Joyce NKaye YLadd YLakly YLane YLee
Lewis YLord Y Lucas
Maddox Mann Y Manning N Martin, J N Martin, J.L

YMassey NMcBee YMcCall E McClinton Y McKinney
NMills N Mobley YMosley N Mueller N O'Neal NOrrock
NParham YParrish Y Parsons N Pelote
Y Perry N Pinholster YPoag NPolak Y Ponder N Porter N Powell YPurcell NRagas YRandall YRay Y Reaves Y Reichert
NRice Y Richardson Y Roberts Y Rogers

Y Royal N Sanders Y Sauder Y Scarlett Y Scheid
N Scott N Shanahan
YShaw NSherriU
YShipp NSims N Sinkfield Y Skipper Y Smith, C Y Smith, C.W N Smith, L N Smith, L.R
N Smith, P Y Smith, T Y Smith, V NSmyre Y Snelling YSnow YStallings
Stancil, F N Stancil, S N Stanley, L
Stanley, P Y Stephens N Taylor
Teague NTeper

1836

JOURNAL OF THE HOUSE,

N Thomas Y Tillman Y Titus YTolbert

ETrense NTurnquwt YTwiggs Y Walker, L

Y Walker, R.L Y Watson YWest Y Westmoreland

YWhitaker N Wiles N Williams, B Y Williams, J

On the motion, the ayes were 89, nays 80. The motion prevailed.

N Williams, R Y Worthan NYates
Murphy, Spkr

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

N Alien YAnderaon YAahe N Bailey Y Bannister
NBarfoot Y Barnard N Harms
N Bates N Benefield NBirdsong YBohannon
Y Bordeaux Y Bradford NBreedlove
Y Bridges Y Brooks Y Brown
YBuck Y Buckner YBunn YBurkhalter NByrd Y Campbell Y Canty NCash NChannell Y Childers Y Clark
NCoan Y Coleman, B N Coleman, T YConnell Y Cooper
N Crawford Y Crews

Y Culbreth Y Cununincs N Davis, G Y Davis, M YDay YDeLoach, B Y DeLoach, G NDii NDiion YDobbs N Dukes NEhrhart
NEpps Y Evans Y Everett Y Felton
NFloyd N Franklin
N Golden N Graves YGreene
Grindley Y Hammontree NHanner
Y Harbin N Heard NHecht NHeckstall YHegstrom YHenson N Holland Y Holmes Y Houston N Howard
Hudgens N Hudson, H

N Hudson, N
Y Hugley Ylrvin
E Jackson N James N Jamieson YJenkins N Johnson Y Johnston N Jones N Joyce YKaye NLadd NLakly NLane NLee
Lewis NLord N Lucas
Maddox NMann N Manning Y Martin, J N Martin, J.L
NMassey YMcBee NMcCall
E McClinton N McKinney Y Mills Y Mobley NMoeley Y Mueller YO'Neal YOrrock YParham

NParrish N Parsons Y Pelote N Perry Y Pinholster
NPoag YPolak N Ponder Y Porter YPowell NPurcell
YRagas NRandall
NRay N Reaves N Reichert YRice N Richardson
N Roberts N Rogers N Royal
Sanders NSauder N Scarlett NScheid Y Scott Y Shanahan NShaw YSherrill
NSMpp YSims Y Sinkfield N Skipper N Smith, C N Smith, C.W Y Smith, L

On the adoption of the amendment, the ayes were 79, nays 90. The amendment was lost.

N Smith, L.R Y Smith, P N Smith, T N Smith, V
YSmyre NSnelling
NSnow N Stallings N Stancil, F Y Stancil, S Y Stanley, L
Stanley, P N Stephens Y Taylor
Teague
YTeper Y Thomas N Tillman
Y Titus NTolbert
ETrense YTumquest
NTwiggs N Walker, L N Walker, R.L
N Watson YWest N Westmorland NWhitaker Y Wiles Y Williams, B N Williams, J Y Williams, R N Worthan YYates
Murphy, Spkr

The Committee substitute, as amended, was adopted.

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

Y Alien YAndenon NAshe
Y Bailey Y Bannister
YBarfoot N Barnard YBaraes

Y Bates Y Benefield YBirdsong N Bohannon N Bordeaux N Bradford
YBreedlove N Bridges

N Brooks Y Brown NBuck N Buckner NBunn N Burkhalter
YByrd N Campbell

Y Canty YCash YChannell N Childers
N Clark YCoan Y Coleman, B Y Coleman, T

Y Connell
Y Cooper Y Crawford Y Crews N Culbreth Y Cummings
Y Davis, G Davis, M

THURSDAY, MARCH 12, 1998

1837

YDay YDeLoach, B YDeLoach, G YDU
YDixon YDobbs Y Dukes YEhrhart
YEpps N Evans YEverett
N Felton YFloyd Y Franklin
Y Golden Y Graves NGreene
Grindley Y Hammontree Y Manner N Harbin Y Heard YHecht YHeckstall NHegstrom NHenaon
Y Holland N Holmes

N Houston Y Howard
Hudgens Y Hudson, H Y Hudson, N N Hugley NIrvin E Jackson
Y James Y Jamieson
YJenUns Y Johnson Y Johnston
Y Jones Y Joyce NKaye YLadd YLakly YLane YLee
Lewis YLord
Y Lucas Maddoi
YMann Y Manning N Martin, J Y Martin, J.L

YMassey NMcBee YMcCall E McClinton YMcKinney Y Mills N Mobley Y Mosley Y Mueller YO'Neal NOrrock YParham YParrish Y Parsons YPelote Y Perry N Pinholster
YPoag NPolak Y Ponder N Porter NPowell YPurceU
YRagas YRandall YRay Y Reaves Y Reichert

NRice Y Richardson Y Roberts Y Rogers Y Royal
Sanders Y Sauder Y Scarlett YScheid YScott YShanahan YShaw NSherrffl YShipp YSims N Sinkfield Y Skipper Y Smith, C Y Smith, C.W N Smith, L Y Smith, L.R N Smith, P Y Smith, T Y Smith, V NSmyre YSnelling YSnow Y Stalling*

YStancil,F YStancil, S N Stanley, L
Stanley, P Y Stephens N Taylor
Teague NTeper Y Thomas Y Tillman Y Titus YTolbert ETrense N Turnquest YTwiggs
Y Walker, L Y Walker, R.L Y Watson
YWest Y Westmoreland YWhitaker Y Wiles N Williams, B Y Williams, J N Williams, R YWorthan NYates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 121, nays 47.
The Bill, having received the requisite constitutional majority, was passed, by substitute, 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 "nay" thereon.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

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 following Senate substitute was read:

A BILL
To amend an Act creating the Chatham-Savannah Authority for the Homeless, approved March 30, 1989 (Ga. L. 1989, p. 4701), so as to change the provisions relating to the membership, terms, appointment, and purposes of the authority; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Chatham-Savannah Authority for the Homeless, approved March 30, 1989 (Ga. L. 1989, p. 4701), is amended by striking Section 5 of said Act and inserting in lieu thereof the following:
"SECTION 5. Membership, (a) The authority shall be composed of 19 members as follows:

1838

JOURNAL OF THE HOUSE,

(1) Four members appointed by the Board of Commissioners of Chatham County; (2) Four members appointed by the Mayor and Board of Aldermen of the City of Savannah; (3) One member appointed by the Housing Authority of the City of Savannah; (4) One member appointed by the Board of Public Education for the City of Savannah and the County of Chatham; (5) One member appointed by the Commissioner of Human Resources; (6) One member appointed by the Commissioner of Labor; (7) One member appointed by the Commissioner of Community Affairs; and (8) Six members appointed by a majority vote of the 13 members appointed pursuant to the provisions of paragraphs (1) through (7) of this subsection. At least one of the members appointed under this paragraph shall be a homeless person or a person who has been homeless. (b) Members shall be appointed to terms of office of three years each and until their respective successors are appointed and qualified; provided, however, that members in office on April 1, 1998, shall serve for the remainder of their then current terms of office. In no event shall a member serve more than two consecutive three-year terms of office. (c) Except for those members appointed by the Commissioner of Human Resources, the Commissioner of Community Affairs, and the Commissioner of Labor, each member of the authority shall be a resident of Chatham County at the time of appointment and while holding office as a member of the authority. The appointing bodies under paragraphs (1), (2), and (8) of subsection (a) of this section shall invite business, civic, educational, and charitable organizations and institutions, including the Chatham-Savannah Authority for the Homeless, to suggest the names of persons as nominees for appointment to the authority, but such appointing bodies shall not be required to make appointments from such nominees. (d) Members of the authority shall receive no compensation for serving on the authority but may be reimbursed for actual and necessary expenses incurred by them in carrying out their official duties. (e) The authority may by a majority vote of its full membership remove any member of the authority if a member fails to attend the regular meetings of the authority or if a member otherwise fails to carry out the duties and responsibilities required of members of the authority. A vacancy created by the removal of a member as provided in this subsection shall be filled for the unexpired term in the same manner that other vacancies are filled."
SECTION 2. Said Act is further amended by striking Section 7 of said Act and inserting in lieu thereof the following:
"SECTION 7. Purposes.
The authority is created for the following purposes: (1) To develop and adopt, and from time to time amend, a comprehensive plan for public and private agencies to deal effectively with the problems of the homeless in the Chatham County-Savannah area; (2) To coordinate, evaluate, and provide administrative services and assistance in implementing and carrying out the comprehensive plan developed by the authority under paragraph (1) of this section; (3) To contract with public and private agencies for the purposes of paragraphs (1) and (2) of this section and for such public and private agencies to provide programs and services for the homeless in order to carry out the provisions of the comprehensive plan developed by the authority under paragraph (1) of this section; and (4) To offer services, including case management, employment training and referral, and other related services, to homeless persons so long as such services do not duplicate services offered and actually supplied by other existing programs and agencies."

THURSDAY, MARCH 12, 1998

1839

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Bordeaux of the 151st moved that the House agree to the Senate substitute to HB 1811.
On the motion, the ayes were 120, nays 0.
The motion prevailed.

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

1840

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 following Bills and Resolutions of the Senate were taken up for consideration and read the third tune:
SR 583. By Senators Burton of the 5th, Harbison of the 15th, Broun of the 46th 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 ayes were 104, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
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.
The following amendment was read:
Representative Lakly of the 105th moves to amend SR 581 by striking lines 5 through 8 of page 2 and inserting in lieu thereof the following: "Commission, for consideration in the amount of $1.00; provided,".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Alien N Anderaon
Ashe N Bailey Y Bannister
Barfoot N Barnard N Barnes
Bates NBenefield NBirdsong YBohannon N Bordeaux N Bradford N Breedlove Y Bridges N Brooks N Brown NBuck NBuckner YBunn NBurkhalter NByrd

N Campbell N Canty NCash
Channell N Guilders N Clark N Coan N Coleman, B
Coleman, T N Cornell N Cooper
Crawford N Crews N Culbreth N Cummings N Davis, G Y Davis, M N Day NDeLoach, B Y DeLoach, G Y Dix Y Dixon NDobbs

E Dukes N Ehrhart E Epps N Evans N Everett
Felton N Floyd Y Franklin N Golden N Graves N Greene N Grindley N Hanunontree E Manner N Harbin N Heard N Hecht
Heckstall N Hegstrom
Henson N Holland N Holmes N Houston

E Howard Y Hudgene
Hudson, H N Hudson, N
Hugley N Irvin E Jackson N James N Jamieson N Jenkins N Johnson Y Johnston
Jones Y Joyce
Kaye N Ladd Y Lakly N Lane N Lee N Lewis N Lord N Lucas N Maddox

Y Mann N Manning N Martin, J Y Martin, J.L Y Massey N McBee N McCall E McClinton
McKinney N Mills N Mobley
Mosley Y Mueller
O'Neal N Orrock
Parham N Fairish N Parsons Y Pelote N Perry N Pinholster
Poag N Polak

THURSDAY, MARCH 12, 1998

1841

N Ponder
Porter NPoweU
Parcel]
NRagas NRandall NRay
Reaves N Reichert YRice
Richardson N Roberts N Rogers

N Royal Y Sanders NSauder NScarlett
Scheid N Scott N Shanahan
Shaw Sherrill NShipp
NSims NSinkfield N Skipper

Smith, C N Smith, C.W N Smith, L
Smith, L.R N Smith, P N Smith, T Y Smith, V NSmyre YSnelling NSnow NStallings N Stancil, F Y Stancil, S

Stanley, L N Stanley, P N Stephens
Taylor Teague NTeper N Thomas NTillman Y Titus N Tolbert ETrense Tumquest YTwiggs

On the adoption of the amendment, the ayes were 31, nays 109. The amendment was lost.

N Walker, L Y Walker, R.L N Watson NWest Y Westmorland YWhitaker N Wiles N Williams, B YWiUiams,J N Williams, R YWorthan YYates
Murphy, Spkr

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

Alien YAnderson YAshe Y Bailey 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 Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty YCiuh Y Channell
YChilden Y Clark YCoan
YCoteman, B Coleman, T
YConnell
Cooper Crawford Y Crews

Y Culbreth Y CumniiucB Y Davis, G Y Davis, M YDay YDeLoach, B YDeLoach, G YDix YDizon YDobbs E Dukes YEhrhart EEpps Y Evans YEverett
Felton YFloyd Y Franklin Y Golden Y Graves YGreene
YGrindley Y Hammontree E Manner
Y Harbin Y Heard YHecht
Heckstall Y Hegstrom
Henson
Y Holland Y Holmes Y Houston E Howard Y Hudgens Y Hudson, H

Y Hudson, N Hugley
Ylrvin E Jackson Y James Y Jamieson YJenkins
Johnson Johnston
Jones Y Joyce
Kaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas YMaddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall E McCUnton
McKinney Y Mills
Y Mobley YMosley YMueller
O'Neal
YOrrock Parham

YParrish Y Parsons Y Pelote N Perry Y Pinholster
Poag YPolak Y Ponder Y Porter YPowell YPurceU YRagas YRandall YRay
Reaves Y Reichert YRice
Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett
Scheid Y Scott Y Shanahan
Shaw Sherrill YShipp YSims Y Sinkfleld Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre YSnelling YSnow YStallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens
Taylor Teague YTeper Y Thomas Y Tillman Y Titus Y Tolbert ETrense 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 1. The Resolution, having received the requisite constitutional majority, was adopted.

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 Annotated, 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.

1842

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 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 Y Buckner
Bunn Y Buikhalter
YByrd Y Campbell
Y Canty YCash
Channell
Y Childera Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford
Y Crews

Y Culbretb Y Cummings Y Davis, G Y Davis, M
YDay YDeLoach,B Y DeLoach, G YDix YDixon YDobbs
E Dukes YEhrhart
EEpps Y Evans Y Everett Y Felton YFloyd Y Franklin
Y Golden Y Graves Y Greene Y Grindley Y Hammontree E Banner Y Harbin
Y Heard YHecht
Hecks tall
Y Hegstrom Henson
Y Holland Y Holmes Y Houston E Howard Y Hudgens Y Hudson, H

Y Hudson, N
Y Hugley Ylrvin
E Jackson Y James Y Jamieson Y Jenkins
Johnson
Y Jobnston 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
McBee YMcCall E McClinton
McKinney Y Mills Y Mobley YMosley Y Mueller YO'Neal
Orrock YParham

YParrish Y Parsons
Y Pelote Y Perry Y Pinholater
Poag YPolak Y Ponder Y Porter YPowell YPurcell YRagas YRandall
YRay Y Reaves
Y Reichert YRice Y Richardson
Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett YScheid Y Scott Y Shanahan
Shaw YSherriU 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 YTeague YTeper Y Thomas YTUlman Y Titus Y Tolbert ETrense
Y Tumquest YTwiggs Y Walker, L Y Walker, R.L
Watson YWest Y Westmorland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates
Murphy, Spkr

On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 481. By Senator Henson of the 55th:
A bill to amend Code Section 31-41-3 of the Official Code of Georgia Annotated, relaing 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 hazard reduction program, so as to change certain provisions relating to abatement on a person's 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:

Alien
Y Anderson Ashe
Y Bailey Bannister
YBarfoot Y Barnard YBarnes
Bates

Y Benefield YBirdsong
Bohannon
Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown

YBuck Y Buckner YBunn Y Burkhalter
Byrd Campbell
Y Canty YCash Y Channell

Y Childers Clark
NCoan
Coleman, B Coleman, T Y Connell Y Cooper Y Crawford Y Crews

Y Culbreth Y Cutnmings Y Davis, G N Davis, M YDay Y DeLoach, B Y DeLoach, G YOU
YDixon

THURSDAY, MARCH 12, 1998

1843

YDobbs E Dukes NEhrhart EEpps N Evans YEverett
Felton
YFloyd N Frankhn
Golden
Y Graves YGreene
Y Grindley Y Hammontree
Hanner Y Harbin
Y Heard YHecht
Heckstall YHegstrom
Henson Holland Y Holmes Houston E Howard YHudgens Y Hudson, H

Y Hudson, N YHugley
Irvin E Jackson Y James Y Jamieson Y Jenkins
Johnson Y Johnston Y Jones N Joyce
Kaye YLadd YLakly YLane YLee YLewis YLord
Y Lucas Y Maddox Y Mann
Manning
Y Martin, J Y Martin, J.L YMassey YMcBee
McCall

E McClinton McKinney
Y Mills Y Mobley Y Mosley Y Mueller YO'Neal
Orrock YParham YParrish
Y Parsons Y Pelote Y Perry Y Pinholster
Poag YPolak Y Ponder Y Porter Y Powell YPurcell YRagas
Randall YRay
Reaves Y Reichert
YRice Y Richardson

Roberts Rogers Royal Y Sanders
Y Sauder Y Scarlett YScheid Y Scott
Shanahan
Shaw 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 YSmyre YSnelling
YSnow S tailings
Y Stancil, F

Y Stancil, S Stanley, L
Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas YTiUman N Titus
Y Tolbert ETrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L
Y Watson Y West Y Westmorland Y Whitaker N Wiles
Williams, B Williams, J Y Williams, R Y Worthan NYates Murphy, Spkr

On the passage of the Bill, the ayes were 126, nays 9. The Bill, having received the requisite constitutional majority, was passed.

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 rendered 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.

The report of the Committee, which was favorable to the 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 YBarnes Y Bates Y Benefield
YBirdsong YBohannon Y Bordeaux Y Bradford YBnedlove
N Bridges Y Brooks Y Brown YBuck YBuckner NBunn Y Burkhalter
YByrd

Y Campbell Y Canty YCash Y Channel! Y ChUders Y Clark YCoan Y Coleman, B
Coleman, T YConnell Y Cooper
Crawford N Crews Y Culbreth
Y Cummings Y Davis, G N Davis, M YDay Y DeLoach, B
N DeLoach, G YDix YDixon
YDobbs

E Dukes YEhrhart
EEpps Y Evans N Everett Y Felton YFloyd N Franklin Y Golden
Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin
Y Heard YHecht
Heckstall YHegstrom Y Henson Y Holland Y Holmes Y Houston

E Howard Y Hudgens Y Hudson, H
Y Hudson, N Y Hugley Ylrvin
E Jackson Y James Y Jamieson Y Jenkins
Johnson
N Johnston YJones N Joyce NKaye
YLadd NLakly
YLane YLee YLewis YLord Y Lucas Y Maddox

NMann Y Manning
Martin, J
Y Martin, J.L YMassey YMcBee
Y McCall E McClinton
McKinney NMills Y Mobley Y Mosley N Mueller YO'Neal YOrrock
YParham YParrish
Parsons Y Pelote Y Perry Y Pinholster
Poag YPolak

1844

JOURNAL OF THE HOUSE,

Y Ponder Y Porter YPowell YPurcell
Y Rages Randall
YRay Y Reaves YReichert
YRice Y Richardson
Roberts Y Rogers

Y Royal Y Sanders YSauder YScarlett YScheid 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 Y Smyre YSnelltag 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 ETrense 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

On the passage of the Bill, the ayes were 148, nays 14. The Bill, having received the requisite constitutional majority, was passed.

Representative Poag of the 6th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SR 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".

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 Men
YAnderaon YAshe Y Bailey Y Bannister YBarfoot
Barnard YBarnes
Bates Y Benefield
YBirdsong Bohannon
Y Bordeaux Y Bradford YBnedlove
Bridges
Y Brooks Y Brown
YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty YCash YChannell 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
Day YDeLoach, B YDeLoach, G
DU YDixon
YDobbs E Dukes YEhrhart EEpps Y Evans Y Everett YFelton YFloyd Y Franklin Y Golden Y Graves YGreene
Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall YHegstrom
YHenson Holland
Y Holmes Y Houston E Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin
E Jackson Y James Y Jamieson Y Jenkins
Johnson Y Johnston Y Jones Y Joyce YKaye YLadd
Lakly YLane
YLee Y Lewis YLord
Y Lucas Y Maddoi YMann Y Manning
Martin, J Y Martin, J.L YMassey
McBee YMcCall E McClinton
McKinney Y Mills Y Mobley YMosley Y Mueller YO'Neal YOrrock YParham

YParrish Parsons Pelote
Y Perry Y Pinholster
Poag YPolak
Y Ponder Y Porter
Powell YPurcell
YRagas Randall Ray
Y Reaves Y Reichert
YRice Y Richardson Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder Y Scarlett
YScheid 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 Y Smith, T Y Smith, V Y Smyre YSnelling YSnow YStallings
Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper
Y Thomas YTillman Y Titus Y Tolbert ETrense Y Tumquest YTwiggs
Walker, L Y Walker, RX Y Watson
YWest Y Westmoreland YWhitaker
Y Wiles Williams, B
Y Williams, J Y Williams, R
Worthan Yates Murphy, Spkr

THURSDAY, MARCH 12, 1998

1845

On the adoption of the Resolution, the ayes were 145, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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 Professional Standards Commission to remove any commissioner from office under certain circumstances.

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
YAndenon 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 YBuck Y Buckner
Bunn Y Burkhalter
YByrd Y Campbell Y Canty YCash
YChannell YChilders Y Clark YCoan YColeman, B Y Coleman, T Y Cornell YCooper Y Crawford Y Crews

Y Culbreth Y CummiBiB
YDavis,G Y Davis, M
Day Y DeLoach, B YDeLoach, G YDix YDixon YDobbs E Dukes
YEhrhart EBpps Y Evans
Everett YFelton YFloyd Y Franklin
Y Golden Y Graves YGreene
Grindley Y Hammontree Y Manner Y Harbin
Y Heard YHecht
Heckstall YHegstrom
Henson Holland Y Holmes Y Houston
E Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin E Jackson
Y James Y Jamieson Y Jenkiru
Johnson
Y Johnston Y Jones
Joyce YKaye
YLadd YLakly
YLane Lee
Y Lewis YLord
Lucas Y Maddox YMann Y Manning
Martin, J Y Martin, J.L
YMassey YMcBee YMcCall E McClinton
McKinney Y Mills Y Mobley
Mosley YMueller YO'Neal YOrrock
YParham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster
Poag YPolak Y Ponder
Y Porter Y Powell YPurcell YRagas YRandall YBay
Reaves Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder YScarlett Y 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 Y Smith, T Y Smith, V
Smyre YSneffing YSnow YStaUings
Y Stand], F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper
Y Thomas YTillman Y Titus Y Tolbert ETrense 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, the ayes were 152, nays 0. The Bill, having received the requisite constitutional majority, was

Representatives Reichert of the 126th 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.

1846

JOURNAL OF THE HOUSE,

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.

The following Committee substitute was read and withdrawn:

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 lotteries 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 budget category entitled 'Lottery Proceeds' and the Governor shall make specific recommendations 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 lottery or lotteries by such separate budget category to educational programs and educational purposes s apccificd fey the General Aoocmbly. 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 non-lottery resources for educational programs and purposes. The educational programs and education purposes for which such proceeds may be so appropriated shall include only capital outlay projects for educational facilities; tuition grants, scholarships, or loans to citizens of this state to enable such citizens to attend colleges and universities located within this state, regardless of whether such colleges and universities are owned or operated by the board of regents, or to attend institutions operated under the authority of the Department of Technical and Adult Education; costs of providing to teachers at accredited public institutions who teach levels K-12, personnel at public postsecondary technical institutes under the authority of the Department of Technical and Adult Education, and professors and instructors within the University System of Georgia the necessary training in the use and application of computers and advanced electronic instructional technology to implement interactive learning environments in the classroom and to access the state-wide distance learning network: costs associated with purchasing, installing, repairing, and maintaining advanced electronic instructional technology: voluntary shortfall reserve."
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.

THURSDAY, MARCH 12, 1998

1847

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 purposes 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 substitute, offered by Representative Barnes of the 33rd, was read:

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 lotteries 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 budget category entitled 'Lottery Proceeds' and the Governor shall make specific recommendations 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 lottery or lotteries by such separate budget category to educational programs and educational 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 non-lottery educational 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 citizens to attend colleges and universities located within this state, regardless of whether such colleges or universities are operated b 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;

1848

JOURNAL OF THE HOUSE,

(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 installing, repairing and maintaining advanced instructional technology; and
(5) Capital outlay projects for educational purposes;
provided, however, that in appropriating lottery proceeds for the items listed in paragraphs (4) and (5) of this subsection, such funding shall be expended only on the affirmative vote of two-thirds of each house of the General Assembly and upon the approval of the Governor; and provided, further, that no funds shall be appropriated for the items listed in paragraphs (3), (4), and (5) of this subsection until all persons eligible for and applying for assistance as provided in paragraph (1) of this subsection have received such assistance and all approved pre-kindergarten programs provided for in paragraph (2) of this subsection have been fully funded."
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 limit the educational purposes and programs for which lottery proceeds may be appropriated and expended in priority to HOPE scholarships, pre-kindergarten programs, an educational shortfall reserve, acquisition, maintenance, and training for computers and technology for schools and capital outlay projects for educational purposes?"

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

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

The following amendment was read:

Representative Sanders of the 107th moves to amend the Floor substitute to SR 529 by adding in the title on line 3 of page 1 between the semicolon and the words "to provide" the following:
"to provide that the General Assembly shall finance the support and maintenance of local public school systems from lottery proceeds and state revenues; to provide for lump sum appropriations to local boards of education with such boards having the authority to determine how such funds shall be expended for an economical administration of the local school system and the provision of quality education to its students; to prohibit the levy of ad valorem taxes by or on behalf of local school boards for the support and maintenance of education in local school systems;".
By adding on page 1 between lines 7 and 37 the following:
"SECTION 1.
Article I, Section II, Paragraph VIII of The Constitution is amended by striking subparagraph (c) in its entirety and inserting in lieu thereof a new subparagraph (c) to read as follows:
'(c) The General Assembly may shall 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

THURSDAY, MARCH 12, 1998

1849

purposes or provisions of this subparagraph. Proceeds derived from the lottery or lotteries 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 budget category entitled "Lottery Proceeds" and the Governor sfeaH make specific rccommcndationo as to cducatieaai programs and educational purposes te which said net proceeds shall be appropri o*ed In the General Appropriations Act adopted by the General Assembly, the General Assembly shall appropriate all net proceeds of the lottery or lotteries by such separate budget category te educational programs and for educational purposes as specified by the General Assembly and as provided for in Article VIII, Section VI.'
SECTION 2.
Article VIII of the Constitution is amended by striking Section VI in its entirety and inserting in lieu thereof a new Section VI to read as follows:
'SECTION VI. State Taxation for Education
Paragraph I. State Taxation for Education, (a) The General Assembly shall finance the support and maintenance of local public school systems from lottery proceeds and state revenues. The General Assembly shall make appropriations to local boards of education based on a per pupil formula provided by general law. Appropriations made to each local board of education shall be paid in lump sum with the power and authority in each local board of education to allocate, distribute, and expand such funds in such a way and manner and in such amounts as will further an efficient and economical administration of the local school system and provide quality education to its students.
(b) School tax funds shall be expended only for the support and maintenance of public schools, public vocational-technical schools, public education, and activities necessary or incidental thereto, including school lunch purposes.
(c) Ad valorem taxes shall not be levied at the local level by or on behalf of local school boards for the support and maintenance of education in local school systems.'"
By adding on page 3 between the word "shall" and the question mark the following:
"and shall the Constitution be amended so as to provide that the General Assembly shall finance the support and maintenance of local public school systems from lottery proceeds and state revenues and to prohibit the levy of ad valorem taxes by or on behalf of local school boards for the support and maintenance of education".

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

N Alien N Andenon NAshe N Bailey N Bannister NBarfoot N Barnard NBaraes N Bates NBenefield
Birdsong

N Bohannon N Bordeaux N Bradford N Breedlove N Bridges N Brooks N Brown N Buck N Buckner NBunn N Burkhalter

N Byrd N Campbell N 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 N Davis, G Y Davis, M N Day N DeLoach, B N DeLoach, G N Dix

N Dizon N Dobbs E Dukes N Ehrhart E Epps N Evans N Everett N Felton N Floyd N Franklin N Golden

1850

JOURNAL OF THE HOUSE,

N Graves NGreene NGrindley N Hammontree
Hanner N Harbin N Heard NHecht NHeckstaU NHegstrom NHenson N Holland N Holmes N Houston E Howard N Hudgens N Hudson, H N Hudson, N NHugley NIrvin E Jackson N James NJamieson NJenkins
Johnson

N Johnston Y Jones N Joyce N Kaye N Ladd N Lakly N Lane NLee N Lewis N Lord N Lucas N Maddoi N Mann N Manning N Martin, J N Martin, J.L N Massey N McBee N McCall E McClinton
McKinney N Mills N Mobley N Mosley N Mueller

N O'Neal N Orrock N Parham N ParriBh N Parsons N Pelote Y Perry N Pinholster
Poag N Polak N Ponder N Porter N Powell N Purcell N Ragas N Randall N Ray
Reaves N Reichert N Rice N Richardson N Roberts N Rogers N Royal Y Sanders

N Sauder N Scarlett N Scheid N Scott N Shanahan
Shaw Sherrill N Shipp N Sims N Sinkfield N Skipper N Smith, C N Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T N Smith, V N Smyre N SneUing N Snow N Stallings N Stancil, F N Stancil, S N Stanley, L

N Stanley, P N Stephens N Taylor
Teague Teper N Thomas NTfflman N Titus N Tolbert ETrense N Tumquest N Twiggs N Walker, L N Walker, R.L Watson N West N Westmorland N Whitaker N Wiles Williams, B N Williams, J N Williams, R N Worthan Yates Murphy, Spin-

On the adoption of the amendment, the ayes were 4, nays 156. The amendment was lost.

Representatives Jones of the 71st and Perry of the llth stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

The following amendment was read and adopted:

Representatives Barnes of the 33rd, McBee of the 88th and Kaye of the 37th move to amend the Floor substitute to SR 529 as follows:

By striking lines 1 - 9 on page 3 and inserting therein the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to limit the educational purposes and programs for which lottery proceeds may be appropriated and expended and to specify that HOPE scholarships and pre-kindergarten programs shall receive priority over an educational shortfall reserve, acquisition maintenance and training for computers and technology for schools and capital outlay projects for educational purposes?"

The Floor substitute, as amended, was adopted.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to, by substitute, 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 Y Bannister YBarfoot Y Barnard Y Barnes Y Bates YBenefield

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

Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Cash Y Channel! Y Childera Y Clark Y Coan

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

Y Day Y DeLoach, B Y DeLoach, G YOU Y DUon Y Dobbs E Dukes Y Ehrhart E Epps Y Evans

THURSDAY, MARCH 12, 1998

1851

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 E Howard YHudgens Y Hudson, H Y Hudson, N YHugley Ylrvin E Jackson

Y James Y Jamieson Y Jenkins
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 E McClinton
Y McKinney Y Mills

Y Mobley YMosley Y MueUer YO'Neal YOrrock YParham YParrish Y Parsons YPelote 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 Y Rogers

Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
Shaw Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C 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
Teague Teper Y Thomas YTfllman Y Titus Y Tolbert ETrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L YWateon Y West Y Westmorland YWhi taker Y Wiles Williams, B Y Williams, J Y Williams, R YWorthan YYates Murphy, Spkr

On the adoption of the Resolution, by substitute, as amended, the ayes were 158, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute, as amended.

Representatives Williams of the 63rd and Poag of the 6th stated that they had been
called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The Speaker Pro Tem assumed the Chair.

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.

Pursuant to Rule 134, Representatives Smith of the 19th and Crews of the 78th were excused from voting on SB 463.

The report of the Committee, which was favorable to the 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 YBarfoot Y Barnard YBaraes 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 Y Channel! Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T
Connell Y Cooper Y Crawford
Crews

Y Culbreth Y Cummings Y Davis, G Y Davis, M
Day Y DeLoach, B Y DeLoach, G YDii YDiion YDobbs E Dukes YEhrhart

EEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree
Manner

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JOURNAL OF THE HOUSE,

Y Harbin
Y Heard YHecht YHeckstall YHegstrom YHenaon Y Holland Y Holmes YHouiton E Howard YHudgem Y Hudson, H Y Hudson, N YHugley Ybvin E Jackson
Y James Y Jamieson YJenkins
Johxuou Y Johnston
Y Jones Y Joyce YKaye

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

YParrish Y Parsons YPelote Y Perry Y Pinbolster
Poag YPolak Y Ponder Y Porter Y PoweU YPurcell YRagas YRandall
Ray Y Reaves Y Reichert YRice Y Richardson Y Roberta Y Rogers Y Royal Y Sanders
Sauder Y Scarlett

Y Scheid Y Scott YShanaban
Shaw 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 Stancil, F Y Stancil, S
Stanley, L Stanley, P

Y Stephens Y Taylor YTeague YTeper Y Thomas YTiUman Y Titus Y Tolbert ETrense Y 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, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Poag of the 6th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 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 Annotated, 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 Provider Access Act"; to provide for definitions.

The following Committee substitute was read:

A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for legislative findings and intent; to create a new chapter to be known as the "Essential Rural Health Care Provider Access Act"; to provide for definitions; to provide for the designation of essential rural health care providers; to impose requirements for qualifications as essential rural health care providers; to provide that certain essential rural health care providers shall have the opportunity to become participating providers in health care plans; to provide for good faith negotiations between providers and health care insurers; to provide for physicians in such plans; to provide for certain exceptions for health maintenance organizations and for considerations regarding certain service areas; to provide for administration by the Commissioner of Insurance; to provide for conditions for denial, rejection, or termination of an essential rural health care provider as a participating provider and an opportunity to cure any deficiency; to provide for hearing, appeal, and confidentiality of information; to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, rekting to county and municipal hospital authorities, so as to provide for changes in joint hospital authorities where a participating unit is a rural county having less than a specified population; to provide for powers of certain rural hospital authorities; to provide for effective dates; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 12, 1998

1853

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. It is the intent of the General Assembly to encourage the continued existence and availability of certain health care providers in rural areas of the state so as to promote and preserve the provision of primary care to the residents of such rural areas. The General Assembly finds that a severe shortage of health care providers currently exists in many rural areas, and those providers which do exist continue to do so under financial hardship. The General Assembly further finds that rural health care providers are being arbitrarily excluded from participating in certain health benefit plans and that, should such practice continue, these providers will be harmed and forced either to discontinue their services or relocate to urban areas thereby further exacerbating the shortage which already exists. The General Assembly therefore concludes that certain steps must be taken to promote the continued existence and expansion of rural health care providers in order to preserve the availability of primary health care services to Georgia's rural citizens.
SECTION 2. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding immediately following Chapter 20A thereof a new chapter to read as follows:
"CHAPTER 20B
33-20B-1. This chapter shall be known and may be cited as the 'Essential Rural Health Care Provider Access Act.'
33-20B-2. As used in this chapter, the term:
(1) 'Essential rural health care provider' means any hospital, federally qualified health center, or rural health clinic, as such terms are defined in this Code section, which is located in a rural area and which complies with the provisions of Code Section 33-20B-3. (2) 'Federally qualified health center' means, for the purposes of this Code section, a facility which meets the definition of a federally qualified health center as described hi Section 1395x(aa)(4) of Title 42 of the United States Code Annotated and which is located in a rural area. (3) 'Health benefit plan' or 'plan' means the health insurance policy or subscriber agreement between a covered person or policyholder and a health care insurer which defines the covered services and benefit levels available. (4) 'Health care insurer' means an insurer, a fraternal benefit society, a health care plan, a nonprofit medical service corporation, a nonprofit hospital service corporation, a health care corporation, a health maintenance organization, or any other entity authorized to sell accident and sickness insurance policies, subscriber certificates, or other contracts of health insurance by whatever name called under Title 33. (5) 'Health care services' means services rendered or products sold by an essential rural health care provider within the scope of such provider's license or legal authorization. (6) 'Hospital' means any building or facility licensed by the department as a hospital under this chapter which:
(A) Operates no more than 100 beds; (B) Provides 24 hour emergency care as well as a range of health care services sufficient to support the practice of a primary care physician; and (C) For at least one of the immediately preceding two fiscal years, derived at least 40 percent of its patient revenues from medicare, Medicaid, or any combination of medicare and Medicaid. (7) 'Physician' for purpose of this section only means any person who is licensed to practice medicine by the Composite State Board of Medical Examiners pursuant to Chapter 34 of Title 43 who practices as a family physician, general internist, pediatrician, general practitioner, general surgeon, or obstetrician/gynecologist and

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who has medical staff privileges at a hospital as defined in paragraph (6) of this Code section. (8) 'Rural area' means any county having a population of less than 35,000 according to the United States decennial census of 1990 or any future such census. (9) 'Rural health clinic' means a facility which is located in a rural area and which meets the definition of a rural health clinic as described in Section 1395x(aa)(2) of Title 42 of the United States Code Annotated.
33-20B-3. (a) Any essential rural health care provider shall have the opportunity to become a participating provider of health care services in a health benefit plan if such provider meets all of the following conditions:
(1) Participates in the medicare and Medicaid programs; (2) Adopts and complies with a policy for the provision of health care services to indigent and charity patients; (3) Is licensed, where required under law, and qualified to render the services provided by the plan; (4) Agrees to payment terms which are either:
(A) The same payment terms applicable to other similar participating providers in the plan; or (B) Such payment terms as may be mutually agreed upon by such provider and a health care insurer; and (5) Meets the reasonable and nondiscriminatory qualifications and standards established by the plan. Plan standards must comply with all applicable laws and regulations, but such qualifications and standards may not discriminate against essential rural health care providers on the basis of geographic proximity to other participating providers or corporate status. (b) All essential rural health care providers within a defined service area who meet the conditions established in subsection (a) of this Code section shall be given the opportunity to apply to become a participating provider in a plan. Provisions within a health benefit plan applicable to providers in such plan shall be applied by the health care insurer in a uniform and consistent manner to similarly situated providers. In the event an essential rural health care provider requests the opportunity to become a participating provider in any health benefit plan, the health care insurer shall conduct reasonable and good faith negotiations with such essential rural health care provider to determine whether it meets the applicable qualifications and standards established by the plan in accordance with all applicable laws, rules, and regulations as promulgated the Commissioner of Insurance.
(c) Health benefit plans shall include sufficient and reasonable numbers of physicians located in rural areas.
(d) A health care insurer which is a health maintenance organization shall not be required to comply with this Code section within such health maintenance organization's service area if such area was approved by the commissioner of human resources or otherwise is deemed by the Commissioner of Insurance to have complied with the standards established by the commissioner of human resources. When reviewing a health maintenance organization's request to originate or expand an area of service into a rural area, the commissioner of human resources shall consider whether the health maintenance organization has demonstrated its willingness to grant reasonable consideration to essential rural health care providers in the negotiating and contracting process.
33-20B-4.
To deny, reject, or terminate an essential rural health care provider from serving as a participating provider in a health benefit plan, the health care insurer shall:
(1) Inform the essential rural health care provider in writing of the basis for such rejection or termination, including a reference to any specific qualification or standard established by the plan in accordance with all applicable laws and regulations which the provider failed to meet; and

THURSDAY, MARCH 12, 1998

1855

(2) Where possible, afford the essential rural health care provider a reasonable opportunity to cure the deficiency which is the basis for such rejection or termination.
33-20B-5. Any essential rural health care provider which is denied, rejected, or terminated from serving as a participating provider in a health benefit plan shall have the right of hearing and appeal before the Commissioner, or his or her designee, if that provider believes there has been a violation of this chapter and of judicial appeal as provided in Chapter 2 of Title 33. To the extent proprietary materials, trade secrets, rate data, or other materials not generally known to the public are presented at a hearing or an appeal, such information shall be admissible but shall be sealed by the Commissioner and held as confidential and shall not be subject to Article 4 of Chapter 18 of Title 50.
33-20B-6. The administration of this chapter shall be through the Commissioner of Insurance."
SECTION 3. Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, is amended by striking subsection (d) of Code Section 31-7-72, relating to the creation of hospital authorities, and inserting in its place the following:
"(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 powers 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 participating units from time to time. Where the governing bodies of participating units have acted together for the creation of an authority under this subsection and where at least one of those participating units is a county having a population of 35,000 or less according to the United States decennial census of 1990 or any future such census, the method of filling vacancies upon such authority may be changed only by local Act of the General Assembly and, when so changed, shall be governed b^ that local Act."
SECTION 4. Said article is further amended by adding after Code Section 31-7-75.2 a new Code section to read as follows:
"31-7-75.3.
A hospital authority which owns or operates a hospital which is qualified to provide home health agency services under the exemption provided in paragraph (14.1) of subsection (a) of Code Section 31-6-47 shall be authorized to exercise such powers under this article."
SECTION 5. Sections 1, 2, and 4 of this Act shall become effective July 1, 1999. The remaining provisions of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Murphy of the 18th moves to amend the Committee substitute to SB 594 as follows:

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JOURNAL OF THE HOUSE,

Strike Section 5 in its entirety and insert in lieu thereof the following:
Section 5
This Act shall become effective upon approval of the Governor or upon its becoming law without such approval.

The Committee substitute, as amended, was adopted.

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

Y Alien
Y Andersen YAahe Y Bailey Y Bannister YBarfoot Y Barnard
Barnes Bates YBenefield YBirdsong Y Bohannon Y Bordeaux
Y Bradford YBreedlove Y Bridges Y Brooks
Brown YBuck Y Buckner YBunn Y Burkhalter YByrd
CampbeU
Y Canty YCash
Y Channel! YChilders
Clark YCoan
Y Coleman, B Y Coleman, T
Cornell
Y Cooper Y Crawford Y Crews

Y Culbreth Y Cununings Y Davis, G Y Davis, M
YDay Y DeLoach, B Y DeLoach, G YDii YDizon YDobbs E Dukes Y Ehihart EEpps Y Evans
YEverett Y Felton YFloyd N Franklin
Golden Y Graves YGreene Y Grindley Y Hammontree
Manner
Y Harbin Y Heard
YHecht YHeckstall YHegstrom YHenson Y Holland Y Holmes Y Houston E Howard Y Hudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin E Jackson Y James Y Jamieson Y Jenkins
Johnson
Y Johnston Y Jones N Joyce
YKaye YLadd YLakly YLane YLee Y Lewis
YLord Y Lucas Y Maddox NMann
Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall E McClinton
McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham

YParrish Y Parsons
Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter YPowell YPurcell Y Rages 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
Shaw 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 YSmyre Y Smiling 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 ETrense 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 Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 153, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representatives Brown of the 130th and Sims of the 167th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

SB 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.

THURSDAY, MARCH 12, 1998

1857

The report of the Committee, which was favorable to the 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 YAabe
Y Bailey N Bannister
YBarfoot Y Barnard YBames Y Bates YBenefield
Birdsong YBohannon Y Bordeaux N Bradford NBnedlove N Bridges Y Brooks Y Brown YBuck Y Buckner NBunn N Burkhalter YByrd Y Campbell Y Canty NCash Y Channel!
N Childen N Clark NCoan YColeman, B Y Coleman, T
Connell Y Cooper
N Crawford Y Crews

NCulbreth Y Cummings Y Davis, G N Davis, M YDay Y DeLoach, B YDeLoach, G NDiz YDiion YDobbe E Dukes YEhrhart EEpps N Evans YEverett Y Felton
YFloyd N Franklin Y Golden Y Graves YGreene NGrindley NHammontree Y Banner N Harbin Y Heard
Hecht YHeckstall YHegstrom YHenson Y Holland Y Holmes
Y Houston E rlownxu
NHudgens Hudson, H

Y Hudson, N YHugley Ylrvin E Jackson Y James Y Jamieson YJenkins
Johnson N Johnston Y Jones Y Joyce NKaye NLadd NLakly YLane YLee N Lewis YLord Y Lucas Y Maddoi NMann Y Manning Y Martin, J Y Martin, JX NMassey YMcBee NMcCall E McClinton YMcKinney N Mills Y Mobley YMosley
Mueller Y O'Neal YOrrock
Parham

YParrisb Y Parsons Y Pelote Y Perry Y Pinholster
Poag YPolak Y Ponder Y Porter NPowell YPurcell YRagas YRandaU YRay
Reaves Y Reichert NRice Y Richardson Y Roberts Y Rogers Y Royal N Sanders YSauder Y Scarlett Y Scheid Y Scott YShanahan
Shaw YSherriU YShipp
Sims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L

On the passage of the Bill, the ayes were 119, nays 43. The Bill, having received the requisite constitutional majority, was

N Smith, L.R N Smith, P Y Smith, T N Smith, V YSmyre YSnelling YSnow YStallings YStncil,F N StancU,S Y Stanley, L Y Stanley, P N Stephens YTaylor YTeague YTeper Y Thomas YTillman Y Titus N Tolbert ETranse Y Turnquest Y Walker, L Y Walker, R.L Y Watson N West Y Westmoreland YWbitaker N Wiles Y Williams, B N Williams, J Y Williams, R YWorthan NYates
Murphy, Spkr

Representative Graves of the 125th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

SB 249. By Senator Kemp of the 3rd:
A bill to amend Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to abandoned motor vehicles, so as to change certain provisions relating to duties of persons removing or storing motor vehicles; to change certain provisions relating to creation of liens; to change certain provisions relating to lien foreclosure procedure.

The report of the Committee, which was favorable to the 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 YBames

Y Bates Y Benefield Y Birdsong Y Bohannon

Y Bordeaux Y Bradford Y Breedlove Y Bridges

Y Brooks Y Brown YBuck
Buckner

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JOURNAL OF THE HOUSE,

YBunn Y Burkhalter YByrd Y Campbell Y Canty YCash YChannell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T
Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M
YDay Y DeLoach, B Y DeLoach, G
YDix YDixon
YDobbs E Dukes YEhrhart EEpps 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 YHeckstall YHegstrom Y Henson Y Holland Y Holmes Y Houston E Howard Y Hudgens
Hudson, H Y Hudson, N Y Hugley Ylrvin E Jackson Y James Y Jamieson Y Jenkins
Johnson Y Johnston
Jones Y Joyce YKaye

YLadd Y Lakly YLane YLee
Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L
YMassey YMcBee YMcCall E McClinton Y McKinney
Y Mills Y Mobley YMosley
Mueller Y O'Neal
YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster
YPoag Polak
Y Ponder

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 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
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 YTeague YTeper Y Thomas YTulman Y Titus Y Tolbert ETrense 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 161, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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 Annotated, 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 sovereign immunity; to amend Chapter 29 of Title 50 of the Official Code of Georgia Annotated, the "Information Technology Policy Act of 1995".

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 Barries
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 Campbell
Canty YCash YChannell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T
Cornell Y Cooper Y Crawford Y Crews Y Culbreth
Y Cummings Y Davis, G Y Davis, M

Day Y DeLoach, B Y DeLoach, G YDix YDixon
YDobbs E Dukes YEhrhart EEpps Y Evans Y Everett Y Felton
Y Floyd Y Franklin
Y Golden Y Graves YGreene Y Grindley Y Hammontree Y Manner

Y Harbin Y Heard
YHecht YHeckstall YHegstrom Y Henson Y Holland
Y Holmes Y Houston E Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin E Jackson
Y James Y Jamieson Y Jenkins
Johnson

Y Johnston
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 E McClinton

THURSDAY, MARCH 12, 1998

1859

McKinney Y Mills YMobley YMosley
Mueller YO'Neal YOnock YParham YParrish Y Parsons YPelote Y Perry YPinholster
Poag Polak Y Ponder

Y Porter YPowell YPureell Y Ragae
Randall Y Ray Y Reaves Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal YSanden YSauder
Scarlett

Y Scheid Y Scott Y Shanahan
Shaw Y SherriU Y Shipp Y Sims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V

Smyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert

E Trense Y Turaquest Y Twiggs Y Walker, L
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, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Poag of the 6th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 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 Natural Resources.

The following substitute, offered by Representative Dobbs of the 92nd, et al., was read:

A BILL
To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide for the imposition of civil penalties upon public water systems serving 10,000 or more individuals and 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 Natural Resources; 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; to provide a limitation of liability; to provide exceptions from such exemption; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by striking in its entirety Code Section 12-5-192, relating to civil penalties, procedures for imposing penalty, hearing, and review, and inserting in lieu thereof a new Code Section 12-5-192 to read as follows:
"12-5-192. (a)(l) For any public water system serving 10,000 or more individuals, any person violating any provision of this part or any permit condition or limitation established pursuant to this part or negligently or intentionally failing or refusing to comply with any

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final order of the director issued as provided in this part shall be liable for a civil penalty not to exceed $1.000.00 per day per violation. {2) For any public water system serving fewer than 10.000 individuals, any Any person violating any provision of this part or any permit condition or limitation established pursuant to this part or negligently or intentionally failing or refusing to comply with any final order of the director issued as provided in this part shall be liable for a civil penalty not to exceed $1,000.00 for stteh the first day of each violation and an a subsequent additional civil penalty not to exceed $500.00 per violation for each additional day during which the violation continues. {2}{3} Any person willfully violating any provision of this part or any permit condition or limitation established pursuant to this part or willfully failing or refusing to comply with any final order of the director issued as provided in this part shall be liable for a civil penalty not to exceed $5,000.00 fe* each day dtmug whieh the violation ettnes per day per violation. (b) Whenever the director has reason to believe that any person has violated any provision of this part or has negligently or willfully failed or refused to comply with any final order of the director, he or she may, upon written request, cause a hearing to be conducted before a hearing officer appointed by the Board of Natural Resources. Upon a finding that such person has violated any provision of this part or has negligently or willfully failed or refused to comply with a final order of the director, the hearing officer shall issue his or her initial decision imposing such civil penalties as are provided in this Code section. Such hearing and any administrative or judicial review thereof shall be conducted in accordance with subsection (c) of Code Section 12-2-2."
SECTION 2. Said title is further amended by striking in its entirety Article 9 of Chapter 8, the "Georgia Hazardous Site Reuse and Redevelopment Act," and inserting in lieu thereof the following:
"ARTICLE 9
12-8-200. This article shall be known and may be cited as the 'Georgia Hazardous Site Reuse and Redevelopment Act.'
12-8-201. As used in this article, the term:
(1) 'Certificate of compliance' means the certification of compliance with a corrective action plan, required by subsection {& ef Code Section 12-8-206. (2) 'Corrective action plan' means the corrective action plan required by subsection ^e> ef Code Section 12-8-206. (3) 'Hazardous site inventory' means the hazardous site inventory published by the division pursuant to Code Section 12-8-97. (4) 'HSI site' means a property listed on the hazardous site inventory. <4)(5) 'Preexisting release' means a release, as such term is defined in paragraph (11) of Code Section 12-8-92, which occurred prior to the prospective purchaser's application for a limitation of liability pursuant to Code Section 12-8-206. {&K6) 'Prospective purchaser' means a person who intends to purchase a property which is part of a site listed on the hazardous site inventory. (7) 'Qualifying property' means a property which meets the criteria of Code Section 12-8-204 which a prospective purchaser intends to purchase and bring into compliance with the risk reduction standards. {6}(8) 'Risk reduction standards' means those standards promulgated by the board pursuant to Part 2 of Article 3 of this chapter.
12-8-202. (a) The board shall have the power to adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this article as necessary

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to provide for the redevelopment and return to productive use certain property or properties listed on the hazardous site inventory. Such rules and regulations may be applicable to the state as a whole or may vary from region to region, as may be appropriate to facilitate the accomplishment of the provisions, purposes, and policies of this article, (b) The board's rules and regulations shall include, but shall not be limited to, the following:
(1) Rules and regulations governing the eligibility criteria of prospective purchasers seeking a limitation of liability; (2) Rules and regulations governing procedures for application and approval of prospective purchasers seeking a limitation of liability; and (3) Rules and regulations governing procedures and criteria for determining whether a prospective purchaser qualifies for a limitation of liability.
12-8-203. (a) The director shall have the power and duty:
(1) To make determinations, in accordance with procedures and criteria enumerated in this article and rules and regulations promulgated pursuant to this article, as to whether a prospective purchaser qualifies for a limitation of liability; (2) To make determinations, in accordance with procedures and criteria enumerated in this article and rules and regulations promulgated pursuant to this article, as to whether a proposed corrective action plan is sufficient to bring the qualifying property into compliance with the risk reduction standards; (3) To ensure that all actions in an approved corrective action plan are completed within the time specified, the corrective action requirements are implemented, and the risk reduction standards are achieved and certified for a qualifying property prior to concurrence with a certification of compliance; (4) To approve corrective action plans; and (5) To concur with certifications of compliance. (b) The powers and duties described in subsection (a) of this Code section may be exercised and performed by the director through such duly authorized agents and employees as the director deems necessary and proper.
12-8-204. In order to be considered a qualify qualifying property for a limitation of liability as provided in aubocction fa) ef Code Section 12-8-206, a property must meet the following criteria:
(1) The property must be part of a site listed on the hazardous site inventory; \) Any costs mcuwfcct wy R& division purSUCUIB to tt copfccuvc fiction under subsection {b} f Code Section 12-8-06 en the subject property taask be repakt te the division Any lien filed under subsection (e) of Code Section 12-8-96 against the property must be satisfied or settled and released by the director pursuant to Code Section 12-8-94; (3) The property must not fee;
(A) Be listed on the federal National Priorities List pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601, et seq. er be; (B) Be currently undergoing response activities required by an order of the regional administrator of the federal Environmental Protection Agency issued pursuant to the provisions of such act; or (C) Be a hazardous waste facility as defined in Code Section 12-8-62; and (4) The director mast determine;
by considering saeh evidence aat (i) The swet affidavit ef the em-rent property owner attesting that the property w m A state of disuse &na explaining now tne state ef disuse is s result ei Tne preexisting release; (ii) An appraisal performed fey certified general real property appn the property te have negligible maritet vahre due te the precxioting release;

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\111^ A 9tifltCDlttT c)6QFin tflC 91jiJilfllUW? find 9C&1 Or U1C lAX ft99689OF OP vQX
appraised vatee for tax purposes has been of wiH be substantially reduced dtie to fee preexisting release;
FClLt'lH tO TR tt9G OF 8 &16 Or AG pPQpCHy flL8 DC6n CflnCClGCL) DFGftCnCCi ^&t
repudiated bccauac ef- fee preexisting release; e? (v) Any ether evidence satisfactory te fee beard- showing feat fee property is state ef- disttse because ef fee preexisting release; i*4/ i nflt tnc propcrty xifts Dccn ftDftnuoncu oy KB current owner or IAS* Known eweer ef- reeerd as a resalt ef- fee preexisting release by considering sweh evidence as; (i) Documents showing feat a Chapter ? bankruptcy proceeding has been fited by
OF LUR9t vfl CUFFCilt OWnCf OF 169966 Or tflC pFOp OFty}
(ii) If fee ewuer er lessee of fee property is a corporation, documents showing feat fee corporation baa beea diaaolvcd; (iii) DocBBaeata showing feat fee property ia question was transferred tefee-ewfent owner or biser her predecessor in tMe by tax deedt (iv) Documents showing feat a substantial tas delinquency e fee property has
^v^ Any otfiof oviuonce 9fttisisclory TO uic DOflrQ snowing Ttitti/ trie propcriy nets beea abandoned because of fee preexisting release; er \\y) L not ft conununity impftCr stfttcmcRr n&9 occn prcpcurcct pursuflnr to
ctipc c COP j (6) The prospective purchaser has obtained approval of a community impact state-
{6K4) The property meeting shall meet other criteria as may be established by the board as provided in this article and Article 3 of this chapter.
12-8-205. (a) To qualify for a limitation of liability as provided in subsection {a} ef- Code Section 12-8-206, a prospective purchaser must meet the following criteria:
(1) The prospective purchaser must not be a person who has contributed to a release of regulated substances^ as defined in paragraph (9) of Code Section 12-8-92, at the HSI site of which the subject qualifying property is a part as defined paragraph {9} of ede Seetk 12-8-02; (2) Where the prospective purchaser is an individual, the party must not: be a relative by blood within the third degree of consanguinity or by marriage; be on employee, shareholder, officer, or agent; or otherwise be affiliated with fee a current owner of the property subject HSI site or any person who has contributed to a release of hazardous materials on the subject HSI site; (3) Where the prospective purchaser is a corporation or other legal entity, the party must not: be a current or former subsidiary, division, parent company, or partner; be the employer or former employer; or otherwise have been affiliated with the current owner of the property subject HSI site or any person who has contributed to a release of hazardous materials on the subject HSI site; (4) The prospective purchaser must not be in violation of any order, judgment, statute, rule, or regulation subject to the enforcement authority of the director; and (5) The prospective purchaser must meet such other criteria as may be established by the board pursuant to Code Section 12-8-102 12-8-202. (b) The director may grant a variance from the eligibility requirements contained in paragraphs (2), (3), (4), and (5) of subsection (a) of this Code section if the director finds that such criteria would render a prospective purchaser ineligible for a limitation of liability under this article, that no other qualified prospective purchaser has applied for a limitation of liability for the qualifying property, and that: (1) Such ineligibility would result in the continuation of a condition which poses a threat to human health and the environment;

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(2) The director would likely be required to perform the necessary corrective action using funds from the hazardous waste trust fund; and (3) In That in all probability, the director would be unable to recover the cost of the corrective action as provided in Code Section 12-8-96.1. The director may place such conditions upon the grant of a variance as he or she deems appropriate including, without limitation, a provision relating to the time all or a portion of the corrective action must be completed, and if the applicant fails to comply with such conditions the director may modify or withdraw such weaver variance.
12-8-206.

Of pfOpCPty ^y .FflFC Or AFtlClC O Or InlS CflflptCf rOP ft pFG6X19ufl F6lGft9O UpOH
see with the provisions ef this Code section. Upon the director's approval of the prospective purchaser corrective action plan or concurrence with the certification of compliance described in this Code section, whichever first occurs, a prospective purchaser shall not be liable to the state or any third party for costs incurred in the remediation of, equitable relief relating to. or damages resultant from the preexisting release at the HSI site of which the qualifying property is part.
/l-.\ TVi Vif riTii'ii'lrH tf\ A litnifjitiATi r>f linhilii'Tr Q TUTUTIrlfH ITI aiiVim^fti nn (n\ ftf j"Viin o---j --
9cvftO& vUC pFOSpOCutVO pUFCJ!A9OF BftttSt 9UDDMT ft PCClCVClOpfiftdTC pifitt WHICH QG9CF1 DC9
wic GilVMrOniDGiilifti) sociGuti) OP economic DCMoiits expected to flccruc to WIG conmviunity ami the state frem the intended productive se ef fee property.
^e>(bj(l) For those properties HSI sites which the director has designated as needing corrective action, any party desiring to qualify for a limitation of liability pursuant to subsection {a} ef- this Code section shall; in addition te the redevelopment pten required fey subsection {te} ef- this Code section, submit a prospective purchaser corrective action plan to the division. The corrective action plan shall, at minimum, enumerate and describe in detail those actions planned and proposed to bring the subject qualifying property into compliance with all applicable rules and regulations adopted by the board governing the investigation, cleanup, and corrective action at properties listed on the hazardous site inventory. A corrective action plan submitted by a prospective purchaser under this subsection shall be in such form and meet such criteria as established by the board. (2) The prospective purchaser shall submit proof of financial assurance, in such form as specified by the director, of his or her ability to implement the corrective action plan. (3) Upon the director's approval of the prospective purchaser corrective action plan, it shall be the responsibility of the prospective purchaser to implement said plan. The director's approval of a prospective purchaser corrective action plan shall not in any way be construed as a guarantee, promise, or assurance that the director will concur with the prospective purchaser's certification of compliance with the risk reduction standards. Compliance with the appropriate risk reduction standards in effect at the time the director's concurrence is sought is the sole responsibility of the prospective purchaser. The prospective purchaser shall not acquire a vested right to the director's concurrence regardless of the expenditure of money. The prospective purchaser shall implement the corrective action plan with the understanding that the requirements of corrective action necessary to obtain a limitation of liability are subject to change because of newly discovered facts or subsequent changes in state or federal laws, rules, or regulations. (4) The director's approval of the prospective purchaser corrective action plan shall specify a time within which the prospective purchaser must certify the qualifying property to be in compliance with the risk reduction standards in order to maintain the limitation of liability provided for by subsection (a) of this Code section; and the . The director may revoke the limitation of liability provided for by subsection (a) of this Code section if the prospective purchaser fails to comply with such time require-
ment. (5) If at any time the director determines that any element of an approved prospective purchaser corrective action plan must be modified in order to achieve compliance

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with the risk reduction standards or that the corrective action is not being implemented in accordance with the corrective action plan, the director may revoke his or her approval of the plan and the limitation of liability by providing the prospective purchaser with written notification specifying the basis for making such determination and requesting modification and resubmission of a modified plan or an opportunity to address any deficiencies in implementing the corrective action plan within a specified time. If at any tune the prospective purchaser determines that any element of an approved prospective purchaser corrective action plan must be modified in order to achieve compliance with the risk reduction standards, the prospective purchaser shall notify the director and obtain approval of the proposed modification. (6) A prospective purchaser shall, upon completion of those activities specified in the corrective action plan, submit to the director a compliance status report certifying the compliance of the site qualifying property with the risk reduction standards and corrective action requirements. The qualifying property will be deemed in compliance with the risk reduction standards upon the prospective purchaser's receipt of the director's written concurrence with the compliance status report. {d}(c) For those sites listed on the hazardous site inventory which the director has not yet designated as being in need of corrective action, any party desiring to qualify for a limitation of liability as provided in subsection -(a) of- this Code section shall certify the qualifying property to be in compliance with the risk reduction standards by submitting submit a compliance status report to the division in such form as provided by rules and regulations adopted by the board. A compliance status report submitted by a prospective purchaser under this subsection shall be in such form and meet such criteria as established by the board. The qualifying property will be deemed in compliance with the risk reduction standards upon the prospective purchaser's receipt of the director's written concurrence with the compliance status report. (d) A person who holds indicia of ownership executed by the prospective purchaser primarily to protect said person's security interest in the qualifying property or who acts in good faith solely in a fiduciary capacity and who did not actively participate in the management, disposal, or release of hazardous wastes, hazardous constituents, or hazardous substances on or from the qualifying property shall not be liable to the state or any third party for costs incurred in the remediation of, equitable relief relating to, or damages resultant from the preexisting release at the HSI site of which the qualifying property is part. (e) When a person who holds indicia of ownership executed by the prospective purchaser primarily to protect said person's security interest in the qualifying property takes title to the qualifying property from the prospective purchaser via foreclosure or a deed in lieu of foreclosure, such new titleholder shall maintain his or her limitation of liability under subsection (d) of this Code Section if: (1) The director is informed in writing of the transfer of title: and (2) Within 180 days, or such other time period as specified by the director, of said transfer of title, the new titleholder:
(A) Presents the name of a new party who qualifies as a prospective purchaser for the qualifying property along with said new party's written assurance, including financial assurance, that the prospective purchaser corrective action plan will be fully implemented; or (B) Submits a statement in writing that the new titleholder complies with the requirements applicable to prospective purchasers under this article.
12-8-207.
(a) The limitation of liability provided by this article subsection (a) of Code Section 12-8-206 shall be contingent upon the prospective purchaser's good faith implementation of the corrective action plan as approved by the director as well as the certification of compliance with the risk reduction standards and corrective action requirements. Such limitation of liability shall not be applicable to any activities conducted on the qualifying property before the director's approval of the corrective action plan or concurrence with a certification of compliance2 whichever first occurs, or during any time the director's approval of the corrective action plan has been suspended or revoked.

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(b) The limitation of liability provided by this article shall not affect any right of indemnification which any person has or may acquire by contract against any other person who is otherwise liable for creating an environmental hazard; apply to persons who intentionally, wantonly, or willfully violate federal or state regulations in the cleanup process; or apply to any release occurring or continuing after the date of the certification of compliance unless any such continuing release is specifically addressed in the director's concurrence with the certification of compliance. (c) The limitation of liability provided by this article shall be fully transferable to the heirs, assigns, and designees of the person to whom such limitation of liability is granted; provided, however, that in no event shall the director's approval of a corrective action plan or concurrence with a certification of compliance operate to absolve from liability any party deemed to be a person responsible for a release on the HSI site from which the subject qualifying property originated. A transfer of the title to the subject qualifying property or any portion thereof from the prospective purchaser back to the owner of the HSI site from which the subject qualifying property was purchased, any other party deemed to be a person responsible for a release on the HSI site, or any person disqualified from obtaining a limitation of liability under Code Section 12-8-205 shall terminate any limitation of liability applicable to the transferor under this article. (d) For the purpose of determining liability for continuing or future releases of regulated substances upon or from any qualifying property for which the director has concurred with a certification of compliance pursuant to Code Section 12-8-206, the background or baseline concentration for any and all regulated substances for which corrective action was performed and or compliance certified or both shall be equivalent to the risk reduction standard for which compliance was certified in order to invoke the limitation of liability. (e) The limitation of liability provided by this article shall have no effect on liability for releases of hazardous waste, hazardous constituents, or hazardous substances not addressed in the corrective action plan or the certification of compliance. Any such release shall constitute a new, separate, and distinct release, subject to the provisions of Part 2 of Article 3 of this chapter. (f) Nothing in this article shall limit the authority of the director or the division to take action in response to any release or threat of release of regulated substances. Except as provided in this article, nothing shall limit the authority of the director or the division to seek recovery of costs from persons liable under Part 2 of Article 3 of this chapter."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and lost:

Representative Holmes of the 53rd moves to amend the Floor substitute to SB 486 as follows:
Delete lines 36-38 on page 6 and substitute the following:
(4) The property shall meet other criteria as may be established by the board pursuant to its rule making powers as provided in this article and Article 3 of this chapter, which criteria shall include, but not be limited to, statements of community impact.

The Floor substitute was adopted.

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

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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 Y Burkhalter YByrd Y Campbell
Canty YCash Y Channel! YChQders Y Clark YCoan Y Coleman, B
Coleman, T
ConneU Y Cooper Y Crawford Y Crews

Y Culbreth Y Cununiiurs Y Davis, G Y Davis, M
YDay Y DeLoach, B
Y DeLoach, G YDii
Diion YDobbs
E Dukes YEhrhart
EEpps Y Evans YEverett Y Felton 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 E Howard Y Hudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin
E Jackson Y James Y Jamieson YJenkins
Johnson Y Johnston
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 E McCUnton
McKinney Y Mills Y Mobley
Y Mosley Y Mueller YO-Neal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster
Poag Polak Y Ponder
Y Porter Y Powell YPurcell YRagas
Randall YRay
Y Reaves Y Reichert YRice
Y Richardson Roberts
Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott 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
Smyre YSnelling YSnow YStaUings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephens Y Taylor
Teague YTeper Y Thomas YTUlman Y Titus Y Tolbert ETrense 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, by substitute, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

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.

The following Committee substitute was read:

A BILL
To amend Article 2 of Chapter 3 of Title 38 of Official Code of Georgia Annotated, relating to the organization and administration of emergency management activities, so as to provide for certain duties and powers of the director of emergency management; 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 provide for the membership and duties of the "911" Advisory Committee; to provide for the development of guidelines, by the Georgia Emergency Management Agency, for implementing a state-wide emergency

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telephone number "911" system; to authorize the director of the Georgia Emergency Management Agency to promulgate certain regulations; to require a certain confirmation prior to the expansion of an emergency telephone number "911" system to provide wireless enhanced "911" service; to authorize the governing authority of a local government to impose a monthly wireless enhanced "911" charge, subject to certain conditions; to provide for billing and collection of the wireless enhanced "911" charge; to provide for the accounting and use of funds generated through a wireless enhanced "911" charge; to authorize certain additional charges on exchange access facilities for a limited period of time based on certain intergovernmental contracts between two or more counties; to provide for a Joint Study Committee on Wireless Enhanced "911" Charges; to change certain references to the Telecommunications Division of the Department of Administrative Services to the Georgia Emergency Management Agency; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to the organization and administration of emergency management activities, is amended by striking in its entirety Code Section 38-3-20, relating to the Georgia Emergency Management Agency, and inserting in lieu thereof a new Code Section 38-3-20, to read as follows:
"38-3-20.
(a) There is established the Georgia Emergency Management Agency with a director of emergency management who shall be the head thereof. The Georgia Emergency Management Agency shall be assigned to the Office of Planning and Budget for administrative purposes only as provided in Code Section 50-4-3. (b) The Governor shall appoint the director of emergency management. He or she shall hold office at the pleasure of the Governor, who shall fix his or her compensation. The director of emergency management shall hold no other state office. (c) The director may employ such technical, clerical, stenographic, and other personnel, may fix their compensation, and may make such expenditures within the appropriation therefor, or from other funds made available to him for purposes of emergency management, as may be necessary to carry out the purposes of Article 1, this article, and Article 3 of this chapter and the duties of the agency and the director described in Part 4 of Article 2 of Chapter 5 of Title 46. the 'Georgia Emergency Telephone Number "911" Service Act of 1977,' as amended. (d) The director and other personnel of the Georgia Emergency Management Agency shall be provided with appropriate office space, furniture, equipment, supplies, stationery, and printing in the same manner as provided for personnel of other state agencies. (e) The director, subject to the direction and control of the Governor, shall be the executive head of the Georgia Emergency Management Agency and shall be responsible to the Governor for carrying out the program for emergency management in this state. He or she shall coordinate the activities of all organizations for emergency management within the state, shall maintain liaison with and cooperate with emergency management agencies and organizations of other states and of the federal government, and shall have such additional authority, duties, and responsibilities authorized by Article 1, this article, and Article 3 of this chapter as may be prescribed by the Governor and such additional authority, duties, and responsibilities as described in Part 4 of Article 2 of Chapter 5 of Title 46, the 'Georgia Emergency Telephone Number "911" Service Act of 1977,' as amended. (f) The director of emergency management shall also be the disaster coordinator and shall act for the Governor when requested to do so."
SECTION 2. 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," is amended in Code Section 46-5-121, relating to legislative intent, by designating the existing text as subsection (a) and adding at the end thereof the following:

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"(b) The General Assembly further finds and declares that the benefits of '911' service should be widely available, regardless of whether a '911' call is placed from a traditional landline telephone or from a wireless telephone. It is also in the public interest that users of wireless telephones should bear some of the cost of providing this life-saving service, as users of landline telephones currently do. It is the intent of the General Assembly to bring wireless telephone service within the scope of this part and to establish a means by which local public safety agencies may provide enhanced '911' service to wireless telephone users."
SECTION 3. Said part is further amended in Code Section 46-5-122, relating to definitions, by striking in their entirety paragraphs (2), (3), (9), and (10) and inserting in lieu thereof new paragraphs (1.1), (2), (3), and (9) through (14) to read as follows:
"(1.1) "Agency' means the Georgia Emergency Management Agency established pursuant to Code Section 38-3-20 unless the context clearly requires otherwise. (2) 'Division' 'Director' means the Tclccommunicationa Division ef- the Department f Admini9tortive~Seryiee8 director of emergency management appointed pursuant to Code Section 38-3-20. (3) 'Emergency "911" system' means a local telephone exchange telephone service or wireless service which facilitates the placing of calls by persons in need of emergency services to a public safety answering point by dialing the telephone number '911' and under which calls to '911' are answered by public safety answering points established and operated by the local government subscribing to the '911' service. The term 'emergency "911" system' also includes 'enhanced "911" service,' which means an emergency telephone system that provides the caller with emergency '911' system service and, in addition, directs '911' calls to appropriate public safety answering points by selective routing based on the geographical location from which the call originated and
provides the capability for automatic number identification and automatic location identification features."
"(9) 'Service supplier' means a person or entity who provides local exchange telephone service or wireless service to a telephone subscriber.
(10) 'Telephone subscriber' means a person or entity to whom local exchange telephone service or wireless service, either residential or commercial, is provided and in return for which the person or entity is billed on a monthly basis. When the same per-
son, business, or organization has several telephone access lines, each exchange access
facility shall constitute a separate subscription. When the same person, business, or organization has several wireless telephones, each wireless telecommunications connection shall constitute a separate connection.
(11) 'Wireless enhanced "911" charge' means a contribution to the local government for the following:
(A) The costs to the local government of implementing or upgrading, and maintaining, an emergency '911' system which is capable of receiving and utilizing the follow-
ing information, as it relates to '911' calls made from a wireless telecommunications connection: automatic number identification, the location of the base station or cell
site which receives the '911' call, and the location of the wireless telecommunications connection;
(B) Nonrecurring and recurring installation, maintenance, service, and network charges of a wireless service supplier to provide the information described in sub-
paragraph (A) of this paragraph; and (C) Other costs which may be paid with money from the Emergency Telephone
System Fund, pursuant to subsection (e) of Code Section 46-6-134. (12) 'Wireless service' means 'commercial mobile service' as defined under Section
332(D) of the federal Telecommunications Act of 1996 (47 U.S.C. Section 157 et seq.), regulations of the Federal Communications Commission, and the Omnibus Budget
Reconciliation Act of 1993 (P.L. 103-66) and includes real-time, two-way interconnected voice service which is provided over networks which utilize intelligent switching
capability and offer seamless handoff to customers. The term does not include oneway signaling service, data transmission service, nonlocal radio access line service, or
a private telecommunications service.

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(13) 'Wireless service supplier' means a provider of wireless service. (14) 'Wireless telecommunications connection' means any mobile station for wireless service which is assigned a number containing an area code assigned to Georgia by the North American Numbering Plan Administrator that connects a provider of wireless service to a provider of local exchange telephone service."
SECTION 4. Said part is further amended by striking in its entirety Code Section 46-5-123, relating to the Emergency Telephone Number Committee, and inserting in lieu thereof a new Code Section 46-5-123, to read as follows:
"46-5-123.
(a) For the purposes of the development and implementation of a plan for the statewide emergency telephone number '911' system, there is created the Emergency Telepfeene Number Committee '911' Advisory Committee to be composed of the director of the Telecommunications Division ef- the Department ef Administrative Services emergency management, who shall serve as chairman chairperson; the commissioner of community affairs or his or her designee; and ten other members appointed by the Governor, as follows:
(1) Three members appointed from nominees of the Georgia Municipal Association; (2) Three members appointed from nominees of the Association County Commissioners of Georgia; and (3) Four members who are experienced in and currently involved in the management of emergency telephone systems. (b) When appointments are made, the associations making nominations pursuant to this Code section shall submit at least three times as many nominees as positions to be filled at that time by nominees of the association. (c) The appointed members of the committee shall serve at the pleasure of the Governor. Vacancies shall be filled in the same manner as the original appointment."
SECTION 5. Said part is further amended by striking in its entirety Code Section 46-5-124, relating to a plan for implementing a state-wide emergency telephone number "911" system, and inserting in lieu thereof a new Code Section 46-5-124 to read as follows:
"46-5-124.
(a) The division agency shall develop a plan guidelines for implementing a state-wide emergency telephone number '911' system. The plan guidelines shall provide for:
\i) x lie review ftud ftnfliysis of pPOP6S9 BMHUwtmCQ oy pxiDiic Q^Gncie9 irt Q.Gvcioping emergency telephone eeaMBonication requirements as required for the *9tf system! 43)(il Steps of action necessary for public agencies to effect the necessary coordination, regulation, and development preliminary to a '911' system that will incorporate the requirements of each public service agency in each local government of Georgia; {3)(2) Identification of mutual aid agreements necessary to effect the '911' system, including coordination on behalf of the State of Georgia with any federal agency to secure financial assistance or other desirable activities in connection with the receipt of funding that may be provided to communities for the planning, development, or implementation of the '911' system; {4)(3) The coordination necessary between local governments planning or developing a '911' system and other state agencies, the Public Service Commission, all affected utility and telephone companies, wireless service suppliers, and other agencies; {07 A nfifi implementation schedule which will account tor The progress achieved in eaeh political subdivision and- which can be reproduced in an annual report ef. prog*098j (uiu {6}{4j The establishment ef actions to establish emergency telephone communications necessary to meet the requirements for each local government, including law enforcement, fire-fighting, medical, suicide prevention, rescue, or other emergency services?; and

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(5) The actions to be taken by a local government desiring to provide wireless enhanced '911' service, including requirements contained in 47 Code of Federal Regulations Section 20.18. (b) The division agency shall be responsible for encouraging and promoting the planning, development, and implementation of each local '911' system plan plans. The agency shall develop any necessary procedures to be followed by The division shall promulgate any necessary rates; regulations, and schedules related te public agencies for implementing and coordinating such a plan plans and shall act as the deciding agency mediate whenever disputes arise or agreements cannot be reached between the local political jurisdiction and other public agencies involving the '911' system. (c) Subject to the approval of the Governor, the director shall be authorized to promulgate rules and regulations to establish minimum standards relating to training and equipment. Such training standards shall not be inconsistent with the training course or certification required for communications officers under Code Section 35-8-23."
SECTION 6. Said part is further amended by striking in its entirety Code Section 46-5-127, relating to approval of "911" systems by the Telecommunications Division of the Department of Administrative Services, and inserting in lieu thereof a new Code Section 46-5-127 to read as follows:
"46-5-127.
After January 1, 1978, no emergency telephone number '911' system shall be established, and no existing system shall be expanded to provide wireless enhanced '911' service, without prior approval by the division and designation m the plan written confirmation by the agency that the local plan conforms to the guidelines and procedures provided for in Code Section 46-5-124."
SECTION 7. Said part is further amended by striking in its entirety Code Section 46-5-128, relating to cooperation by public agencies, and inserting in lieu thereof a new Code Section 46-5-128, to read as follows:
"46-5-128. All public agencies shall assist the division agency in its efforts to carry out the intent of this part; and such agencies shall comply with the plan guidelines developed pursuant to Code Section 46-5-124 by furnishing a resolution of intent regarding an emergency telephone number '911' system."
SECTION 8. Said part is further amended by striking in its entirety Code Section 46-5-129, relating to the use of a '911' emblem, and inserting in lieu thereof a new Code Section 46-5-129, to read as follows:
"46-5-129.
The division shall agency may develop a '911' emblem which shall may be utilized by September 30; 1080, k a manner te be prescribed by the division, on aH marked vehicles used for tee enforcement of traffic laws by public safety agencies participating in the a local '911' system; except for law enforcement vehicles f the Deportment f ft&Ke
1 and these primarily used fer investigative purposes."
SECTION 9. Said part is further amended by striking in its entirety Code Section 46-5-132, relating to fees charged by providers of cellular radio telecommunications services, and inserting in lieu thereof a new Code Section 46-5-132 to read as follows:
"46-5-132.
It shall be unlawful for any provider ef any cellular radio telecommunications services wireless service supplier to assess or charge any fee for an emergency telephone call placed on a '911' emergency telephone system. The prohibition provided for in this Code

THURSDAY, MARCH 12, 1998

1871

section shall only apply to actual emergency telephone calls made on such system and shall not apply to nor prohibit any fee assessed or charged for the implementation or enhancement of such system."
SECTION 10. Said part is further amended by striking in its entirety Code Section 46-5-133, relating to the authority of a local government to adopt a resolution to impose a monthly "911" charge, and inserting in lieu thereof a new Code Section 46-5-133 to read as follows:
"46-5-133.
(a) Subject to the provisions of subsection (b) of this Code section, the governing authority of any local government which operates or which contracts for the operation of an emergency '911' system is authorized to adopt a resolution to impose a monthly '911' charge upon each exchange access facility subscribed to by telephone subscribers whose exchange access lines are in the areas served or which would be served by the '911' service. Subject to the provisions of subsection (b) of this Code section and of subparagraphs (a)(2)(A) and (a)(2)(B) of Code Section 46-5-134, the governing authority of any local government which operates or contracts for the operation of an emergency '911' system which is capable of providing or provides enhanced '911' service to persons or entities with a wireless telecommunications connection, excluding a military base, is authorized to adopt a resolution to impose a monthly wireless enhanced '911' charge upon each wireless telecommunications connection subscribed to by telephone subscribers whose billing address is within the jurisdiction of the local government. Such resolution, or any amendment to such resolution, shall fix a date on which such resolution and the imposition and collection of the '911' charge or wireless enhanced '911' charge, as provided in the resolution^ shall become effective^ btrt provided, however, that such effective date shall be at least 120 days following the date of the adoption of such resolution or any amendment to such resolution by the local government. The '911' charge must be uniform^ and may not vary according to the type of exchange access facility used; and may be billed on a monthly or quarterly basis. The wireless enhanced '911' charge must be uniform, not vary according to the type of wireless telecommunications connection used, and may be billed on a monthly or quarterly basis.
(b)(l) Except as provided in paragraph (2) of this subsection, no local government shall be authorized to exercise the power conferred by this Code section unless either:
(A) A majority of the voters residing in that political subdivision who vote in an election called for such purpose shall vote to authorize the implementation of this Code section. Such election shall be called and conducted as other special elections are called and conducted in such local government when requested by such local government authority. The question or questions on the ballot shall be as prescribed by the election superintendent^ provided that separate questions may be posed regarding implementation of a '911' charge and of an enhanced wireless '9ll' charge; or (B) After a public hearing held upon not less than ten days' public notice. (2) The provisions of paragraph (1) of this subsection shall not apply with respect to a local government if the governing authority of such local government has on or before March 7, 1988, contracted with a local exchange telephone service supplier for the purchase or operation, or both, of a local exchange telephone '911' system."
SECTION 11. Said part is further amended by striking in its entirety Code Section 46-5-134, relating to billing of subscribers and establishment of an Emergency Telephone System Fund, and inserting in lieu thereof a new Code Section 46-5-134 to read as follows:
"46-5-134.
(a)(l) The subscriber of an exchange access facility may be billed for the monthly '911' charges, if any, imposed with respect to that facility by the service supplier. Such '911' charge may not exceed $1.50 per month per exchange access facility provided to the telephone subscriber. All exchange access facilities billed to federal, state, or local governments shall be exempt from the '911' charge. Each service supplier shall, on

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behalf of the local government, collect the '911' charge from those telephone subscribers to whom it provides exchange telephone service in the area served by the emergency '911' system. As part of its normal monthly billing process, the service supplier shall collect the '911' charge for each month an exchange access facility is in service, and it shall list the '911' charge as a separate entry on each bill. If a service supplier receives a partial payment for a monthly bill from a telephone subscriber, the service supplier shall apply the payment against the amount the telephone subscriber owes the service supplier first.
(2)(A)^If the governing authority of a local government operates or contracts for the operation of an emergency '911' system which is capable of providing or provides automatic number identification of a wireless telecommunications connection and the location of the base station or cell site which receives a '911' call from a wireless telecommunications connection, The subscriber of a wireless telecommunications connection whose biUinj~address is within the jurisdiction of such local government may be billed for the monthly wireless enhanced '911' charges, if any, imposed with
respect to that connection by the wireless service supplier. Such wireless enhanced '911' charge may not exceed the amount of the monthly '911' charge imposed upon
subscribers of exchange access facilities pursuant to paragraph (1) of this subsection and, in no event, shall such wireless enhanced '911' charge exceed $1.00 per month
per wireless telecommunications connection provided to the telephone subscriber. (B) On and after October lj 2001, if the governing authority of a local government
operates or contracts for the operation of an emergency '911' system which is capable of providing or provides automatic number identification and automatic location
identification of a wireless telecommunications connection, the subscriber of a wireless telecommunications connection whose billing address is within the jurisdiction of such local government may be billed for the monthly wireless enhanced '911'
charges, if any, imposed with respect to that connection by the wireless service sup-
plier. Such wireless enhanced '911' charge may not exceed the amount of the monthly '911' charge imposed upon subscribers of exchange access facilities pursuant to paragraph (1) of this subsection and shall be imposed on a monthly basis for
each wireless telecommunications connection provided to the telephone subscriber.
(C) All wireless telecommunications connections billed to federal, state, or local governments shall be exempt from the wireless enhanced '911' charge. Each wireless
service supplier shall, on behalf of the local government, collect the wireless enhanced '911' charge from those telephone subscribers whose billing address is
within the jurisdiction of the local government. As part of its normal billing process. the wireless service supplier shall collect the wireless enhanced '911' charge for each
month a wireless telecommunications connection is in service, and it shall list the wireless enhanced '911' charge as a separate entry on each bill. If a wireless service
supplier receives partial payment for a bill from a telephone subscriber, the wireless
service supplier shall apply the payment against the amount the telephone sub-
scriber owes the wireless service supplier first. (b) Every telephone subscriber in the area served by the emergency '911' system shall be liable for the '911' and the wireless enhanced '911' charges charge imposed under this
Code section until it has been paid to the service supplier. A service supplier shall have no obligation to take any legal action to enforce the collection of the '911' or wireless
enhanced '911' charge. The service supplier shall provide the governing authority within
60 days with the name and address of each subscriber who has refused to pay the '911' or wireless enhanced '911' charge after such '911' or wireless enhanced '911' charge has
become due. A collection action may be initiated by the local government that imposed the charges, and reasonable costs and attorneys' fees associated with that collection action may be awarded to the local government collecting the '911' or wireless enhanced
'911' charge.
(c) The local government contracting for the operation of an emergency '911' system shall remain ultimately responsible to the service supplier for all emergency '911' system installation, service, equipment, operation, and maintenance charges owed to the service
supplier. Any taxes due on emergency '911' system service provided by the service supplier will be billed to the local government subscribing to the service. State and local

THURSDAY, MARCH 12, 1998

1873

taxes do not apply to the '911' or wireless enhanced '911' charge billed to telephone subscribers under this Code section.
(d)(l) Each service supplier that collects '911' or wireless enhanced '911' charges on behalf of the local government is entitled to retain as an administrative fee an amount equal to 3 percent of the gross '911' or wireless enhanced '911' charge receipts to be remitted to the local government. The remaining amount shall be due quarterly to the local government and shall be remitted to it no later than 60 days after the close of a calendar quarter. The '911' and the wireless enhanced '911' charges collected by the service supplier shall be deposited and accounted for in a separate restricted revenue fund known as the Emergency Telephone System Fund maintained by the local government. The local government may invest the money in the fund in the same manner that other moneys of the local government may be invested and any income earned from such investment shall be deposited into the Emergency Telephone System Fund.
(2)(A) Before July 1, 2002. 30$ of the monthly wireless enhanced '911' charge imposed pursuant to subparagraph (a) (2) (A) of this Code section shall be deposited in a separate restricted reserve account of the Emergency Telephone System Fund,
which shall be designated as the Wireless Phase I Reserve Account. Money from the Wireless Phase I Reserve Account shall be used only to pay the nonrecurring and
recurring installation, maintenance, service, and network charges of a wireless service supplier which are associated with providing automatic number identification of a wireless telecommunications connection and the location of the base station or
cell site which receives a '911' call from a wireless telecommunications connection: provided, however, that if the local government has not, by, July l 2002. begun operation or contracted for the operation of an emergency '911' system which is
capable of providing or provides automatic location identification of a wireless telecommunications connection, the funds in the Wireless Phase I Reserve Account on
July 1, 2002, shall be transferred into an appropriate unrestricted account or accounts of the Emergency Telephone System Fund and may be used for any pur-
pose authorized under subsection (e) of this Code section. No wireless enhanced '911' charge may be imposed pursuant to subparagraph (a)(2)(B) of this Code sec-
tion for a period of 24 months following the transfer of funds from the Wireless Phase I Reserve Account pursuant to this subparagraph. On and after July 1^ 2002. 15t of the monthly wireless enhanced '911' charge imposed pursuant to subpara-
graph (a) (2) (A) of this Code section shall be deposited in the Wireless Phase I Reserve Account.
(B) Thirty cents of the monthly wireless enhanced '911' charge imposed pursuant to subparagraph (a) (2KB) of this Code section shall be deposited in a separate
restricted reserve account of the Emergency Telephone System Fund, which shall be designated as the Wireless Phase II Reserve Account. Money from the Wireless Phase H Reserve Account shall be used only to pay the nonrecurring and recurring
installation, maintenance, service, and network charges of a wireless service supplier which are associated with providing automatic number identification and automatic
location identification of a wireless telecommunications connection. Any funds which are in the Wireless Phase I Reserve Account at the time when the wireless enhanced '911' charge is first imposed pursuant to subparagraph (a)(2)(B) of this Code section
shall be transferred to the Wireless Phase II Reserve Account. {8}(3) The governing authority of a local government operating or contracting for the
operation of an emergency '911' system shall, by resolution, reaffirm the necessity for the '911' and the wireless enhanced '911' charges charge beginning with the thirteenth
month following the month in which emergency '911' system service is first provided in the political subdivision and during such month annually thereafter.
43M4) Such monthly '911' and enhanced wireless '911' charges charge may be reduced
at any time by the governing authority by resolution; provided, however, that the said governing authority shall be required to reduce such monthly '911' or enhanced wire-
less '911' charge at any time the projected revenues from '911' or enhanced wireless '911' charges will cause the unexpended revenues in the Emergency Telephone System Fund at the end of the fiscal year to exceed by one and one-half times the unex-
pended revenues in such fund at the end of the immediately preceding fiscal year or

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JOURNAL OF THE HOUSE,

at any time the unexpended revenues in such fund at the end of the fiscal year exceed by one and one-half times the unexpended revenues in such fund at the end of the immediately preceding fiscal year. Such reduction in the '911' or wireless enhanced '911' charge shall be in an amount which will avert the accumulation of revenues in such fund at the end of the fiscal year which will exceed by one and one-half times the amount of revenues in the fund at the end of the immediately preceding fiscal year. Funds in the Wireless Phase I Reserve Account and the Wireless Phase II Account shall not be considered in making the calculations described in this paragraph. (e) Money from the Emergency Telephone System Fund shall be used only to pay for: (1) The lease, purchase, or maintenance of emergency telephone equipment, including necessary computer hardware, software, and data base provisioning; addressing; and nonrecurring costs of establishing a '911' system; (2) The rates associated with the service supplier's '911' service and other service supplier's recurring charges; (3) The actual cost of salaries of employees hired by the local government solely for the operation and maintenance of the emergency '911' system and the actual cost of training such of those employees who work as dispatchers; (4) Office supplies of the public safety answering points used directly in providing emergency '911' system services; and (5) The cost of leasing or purchasing a building used as a public safety answering point. Moneys from the fund cannot be used for the construction or lease of an emergency '911' system building until the local government has completed its street addressing plan. (f) The local government may contract with a service supplier for any term negotiated by the service supplier and the local government for an emergency '911' system and may make payments from the Emergency Telephone System Fund to provide any payments required by the contract. (g) The service supplier shall maintain records of the amount of the '911' and wireless enhanced '911' charges charge collected for a period of at least three years from the date of collection. The local government may, at its expense, require an annual audit of the service supplier's books and records with respect to the collection and remittance of the '911' and wireless enhanced '911' charges charge. (h) In order to provide additional funding for the local government for emergency '911' system purposes, the local government may receive federal, state, municipal, or private funds which shall be expended for the purposes of this part. (i) Subject to the provision of Code Section 46-5-133, the subscriber ef tat exchange aeeeas facility a telephone subscriber may be billed for the monthly '911' or wireless enhanced '911' charge as defined in this Code seetiea, for up to 18 months in advance of the date on which the '911' service becomes fully operational. (j) In the event the local government is a federal military base providing emergency services to local exchange telephone subscribers residing on the base, the a local exchange telephone service supplier is authorized to apply the '911' charges collected to the bill for '911' service rather than remit the funds to an Emergency Telephone System Fund."
SECTION 12.
Said part is further amended by striking in its entirety subsection (b) of Code Section 46-5-138, relating to joint authorities, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The public authority shall be authorized to contract with the counties or municipalities which formed the authority to operate an emergency '911' system for such local governments throughout the corporate boundaries of such local governments. Pursuant to such contracts, the local governments shall be authorized to provide funding to the authority from the Emergency Telephone System Funda including the Wireless Phase I and Phase II Reserve Accounts, maintained by each local government. No authority shall be formed until each local government forming the authority has imposed a monthly '911' charge or a monthly wireless enhanced '911' charge."

THURSDAY, MARCH 12, 1998

1875

SECTION 13. Said part is further amended by adding a new Code section, to be designated as Code Section 46-5-138.1, to read as follows:
"46-5-138.1. (a) Notwithstanding any provision of paragraph (1) of subsection (a) of Code Section 46-5-134 to the contrary, where two or more counties, none of which offers emergency '911' services on May 1, 1998, and any participating municipalities within such counties, if any, agree by intergovernmental contract to initiate or contract for the joint operation of an emergency '911' system for the first time after May 1, 1998, such local governments may impose a monthly '911' charge which exceeds $1.50 per exchange access facility but only so long as the following procedure is followed:
(1) The participating local governments shall, with input from a local exchange service supplier, prepare an estimated budget for the implementation of the joint emergency '911' system with costs limited to items eligible for funding through the Emergency Telephone System Fund; (2) An estimate of the revenue to be generated by the '911' charge authorized by paragraph (1) of subsection (a) of Code Section 46-5-134 during the first 18 months of collection shall be prepared; (3) If the total amount necessary for implementation of the emergency '911' system in paragraph (1) of this subsection exceeds the estimated revenue from imposition of the '911' charge specified in paragraph (2) of this subsection, the monthly '911' charge per exchange access facility may be increased on a pro rate basis during the first 18 months of collection to the extent necessary to provide revenue sufficient to pay the amount specified in paragraph (1) of this subsection, but in no case shall such monthly charge be greater than $2.50 per exchange access facility; and (4) Such local governments comply with the requirements of Code Section 46-5-133 which relate to the imposition of a monthly '911' charge. Nothing in this subsection shall be construed to authorize the imposition of any charge upon a wireless telecommunications connection. Except as otherwise provided in this subsection, the requirements of Code Section 46-5-134 which relate to monthly '911' charges on exchange access facilities shall apply to charges imposed pursuant to this subsection. (b) The increased monthly '911' charge authorized by subsection (a) of this Code section shall also be available to any joint '911' authority created pursuant to Code Section 46-5-138 after May 1, 1998."
SECTION 14. Said part is further amended by adding at the end thereof a new Code section, to be designated as Code Section 46-5-139, to read as follows:
"46-5-139.
Following the conclusion of the 2002 session of the General Assembly, the President of the Senate and the Speaker of the House of Representatives shall each appoint no fewer than three members of their respective bodies to serve as members of the Joint Study Committee on Wireless Enhanced '911' Charges. Such joint study committee shall make any recommendations it considers appropriate to the General Assembly no later than December 31, 2002. The General Assembly may implement the provisions of this Code section by appropriate resolution."
SECTION 15. Said part is further amended in Code Section 46-5-126, relating to cooperation by the Public Service Commission and the telephone industry, and in Code Section 46-5-130, relating to federal assistance, by striking the word "division" and inserting in its place the word "agency".
SECTION 16. This Act shall become effective on July 1, 1998.

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JOURNAL OF THE HOUSE,

SECTION 17. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Stancil of the 16th moves to amend the Committee substitute to SB 572 as follows: Page 10: Line 20 - delete "either:" Line 21 - delete "(A)" change "A" to "a" Line 32 - delete "or" Lines 33 & 34 delete all language.

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

N Alien N Andersen N Aahe N Bailey Y Bannister
NBarfoot Y Barnard YBarnes Y Bates N Benefield NBirdsong Y Bohannon N Bordeaux Y Bradford YBreedlove Y Bridge! N Brooks Y Brown NBuck N Buckner YBunn Y Burkhalter YByrd
Campbell N Canty YCash N Channel] NChilders Y Clark YCoan YColeman, B NColeman, T
Connell E Cooper
YCrawford Y Crews

N Culbreth Y CununingB
N Davis, G Y Davis, M YDay YDeLoach, B YDeLoach, G YDfc NDixon NDobbs N Dukes YEhrhart NEpps Y Evans YEverett YFelton NFloyd Y Franklin Y Golden
N Gravel NGreene
YGrindley Y Hammontree N Manner Y Harbin
N Heard NHecht N Heckstall NHegstrom NHenson N Holland
Holmes N Houston N Howard YHudgens N Hudson, H

N Hudson, N N Hugley Ylrvin
E Jackson N James N Jamieson NJenkins
Johnson Y Johnston
Jones Y Joyce YKaye YLadd YLakly NLane NLee Y Lewis NLord
Luc&s NMaddoi YMann N Manning
N Martin, 1 Y Martin, J.L
YMassey NMcBee NMcCall
E McClinton McKinney
Y Mills N Mobley NMosley YMueller NO'Neal NOrrock NParham

NParrish N Parsons NPelote N Perry Y Pinholster
Poag NPolak
Ponder
N Porter NPowell NPurcell NRagas NRandaU NRay N Reaves N Reichert YRice N Richardson N Roberts N Rogers N Royal Y Sanders Y Sauder Y Scarlett
YScheid Y Scott Y Shanahan
Shaw NSherriU
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 69, nays 92. The amendment was lost.

Y Smith, L.R Y Smith, P N Smith, T Y Smith, V NSmyre YSnelling NSnow NStattings N Stancil, F
Y Stancil, S N Stanley, L
Stanley, P
Stephens
N Taylor Teague
NTeper N Thomas NTiUman Y Titus N Tolbert ETrense NTumquest YTwiggs N Walker, L Y Walker, R.L
Watson N West
N Westmoreland
YWhitaker
Y Wiles
N Williams, B
Y Williams, J
Y Williams, R
Y Worthan
YYates
Murphy, Spkr

The following amendment was read and adopted:

Representatives Rogers of the 20th and Tolbert of the 25th move to amend the Committee substitute to SB 572 as follows:

THURSDAY, MARCH 12, 1998

1877

Page 7 line 40 after 35-8-23 add the following:
Notwithstanding any other law to the contrary, no communication officer hired to the staff to a 911 communication center shall be required to complete his or her training pursuant to Code Section 35-8-23 prior to being hired or employed for such position.

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

Y Alien
Y Andenon YAshe Y Bailey N Bannister YBarfoot Y Barnard NBaraes Y Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford
NBreedlove Y Bridges Y Brooks Y Brown
YBuck Y Buckner YBunn Y Burkhalter YByrd
Campbell Canty YCash Y Channel! YChildera Y Clark NCoan Y Coleman, B
Y Coleman, T Connell
E Cooper Y Crawford Y Crews

Y Culbreth Y Cummings Y Davis, G N Davis, M YDay Y DeLoach, B N DeLoach, G NDii N Dixon
NDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton YFloyd N Franklin Y Golden Y Graves YGreene NGrindley Y Hammontree
Y Manner Y Harbin Y Heard YHecht YHeckstall YHegstrom YHenson Y Holland
Holmes
Y Houston Y Howard YHudgene Y Hudson, H

Y Hudson, N Y Hugley Ylrvin E Jackson
Y James Y Jamieson
YJenkins Johnson
N Johnston
Jones N Joyce NKaye
NLadd NLakly
YLane YLee Y Lewis
YLord Y Lucas Y Maddoi YMann Y Manning Y 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 Y Pelote
Y Perry N Pinholster
Poag YPolak
Y Ponder Y Porter
Powell YPurcell
YRagas YRandall
YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett
N Scheid N Scott YShanahan
Shaw 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 N Smith, V
YSmyre YSneUing YSnow Y Shillings Y Stancil, F N Stancil, S Y Stanley, L
Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas YTillman N Titus
Y Tolbert ETrense YTumquest YTwiggs Y Walker, L N Walker, R.L Y Watson Y West Y Weatmoreland Y Whitaker
N Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan NYates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 138, nays 26.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Poag of the 6th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 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 vehicles, 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.

1878

JOURNAL OF THE HOUSE,

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

Y Alien Y Anderson
YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBames
Y Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Canty YCash Y Channel! YChilders Y Clark YCoan
Y Coleman, B Y Coleman, T
Connell
E Cooper Y Crawford Y Crews

Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix YDizon YDobbs
Dukes YEhrhart YEpps Y Evans Y Everett YFelton YFloyd Y Franklin Y Golden
Y Graves Y Greene Y Grrodley YHammontree YHanner
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 E Jackson Y James Y Jamieson Y Jenkins
Johnson Y Johnston
Y Jones Y Joyce YKaye
YLadd YLakly
Lane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L
YMassey YMcBee YMcCall
E McCUnton 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 YRandaJl
Ray Y Reaves Y Reichert YRice Y Richardson
Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
Shaw YSherrffl 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 YSnelUng YSnow YStallings Y Stancil, F
Y Stances Y Stanley, L
Stanley, P
Y Stephens Y Taylor YTeague YTeper
Y Thomas YTilhnan Y Titus Y Tolbert ETrense YTumquest YTwiggs Y Walker, L Y Walker, R.L
Y Watson Y West Y Westmorland YWhitaker
Y Wiles YWUliams, 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

SB 166. By Senator Langford of the 29th:
A bill to amend Article 10 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Self-insurers Guaranty Trust Fund, so as to authorize the board of trustees of the Self-insurers Guaranty Trust Fund to levy penalties and fines against self-insured employers; to provide for individual immunity for the administrator and staff of the fund.

The following Committee substitute was read and adopted:

A BILL
To amend Article 10 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Self-insurers Guaranty Trust Fund, so as to authorize the board of trustees of the Self-insurers Guaranty Trust Fund to levy penalties and fines against self-insured employers; to provide for individual immunity for the administrator and staff of the fund; to provide that the board of trustees shall use the security deposit of any participant to pay the workers' compensation obligation assumed by said board; to require the State Board of Workers' Compensation to furnish the board of trustees with a complete, original bound copy of each participant's audit; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 12, 1998

1879

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 10 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Self-insurers Guaranty Trust Fund, is amended by striking Code Section 34-9-384, relating to the general powers of the board of trustees of the Self-insurers Guaranty Trust Fund, and inserting in lieu thereof the following:
"34-9-384.
The board of trustees shall possess all powers necessary and convenient to accomplish the objectives prescribed by this article, including, but not limited to, the following:
(1) Not later than 90 days from its appointment, the board of trustees must make and submit to the board for approval such bylaws, rules, regulations, and resolutions as are necessary to carry out its responsibilities, including, but not limited to, the establishment of an application fee. The board of trustees may carry out its responsibilities directly or by contract or other instrument and may purchase such services, borrow money, purchase excess insurance, levy penalties and fines, and collect such funds as it deems necessary to effectuate its activities and protect the members of the board of trustees and its employees. The board of trustees shall appoint, retain, and employ such persons as it deems necessary to achieve the purposes of the board of trustees. All expenses incurred pursuant to this provision shall be paid from the fund;] (2) The board of trustees shall meet not less than quarterly and shall meet at other times upon the call of the chairmoB chairperson, issued to the trustees in writing not less than 48 hours prior to the day and hour of the meeting, or upon a request for a meeting presented in writing to the chairman chairperson not less than 72 hours prior to the proposed day and hour of the meeting and signed by at least a majority of the trustees, whereupon the ehainnoa chairperson shall provide notice issued in writing to the trustees not less than 48 hours prior to the meeting and shall convene the meeting at the time and place stated in the request;] (3) Four trustees shall constitute a quorum to transact business at any meeting, and the affirmative vote of four trustees shall be necessary for any action taken by the board of trustees. No vacancy shall otherwise impair the rights of the remaining trustees to exercise all of the powers of the board of trustees?] (4) The board of trustees shall serve without compensation, but each member shall be entitled to be reimbursed for necessary and actual expenses incurred in the discharge of his or her official duties?; and (5) The board of trustees shall have the right to bring and defend actions only in the name of the fund. Neither the trustees nor their employers shall be liable individually for matters arising from or out of the conduct of the affairs of the fund."
SECTION 2. Said article is further amended by striking Code Section 34-9-387, relating to reimbursement and security deposit from participant for compensation obligations, and inserting in lieu thereof the following:
"34-9-387.
(a) The board of trustees shall have the right and obligation to obtain reimbursement from any participant for compensation obligations in the amount of the participant's compensation obligations assumed by the board of trustees and paid from the fund by the board of trustees as directed by the board, including, but not limited to, claims for all benefits and reasonable administrative and legal costs. The amount of the claims for reimbursement of reasonable administrative and legal costs shall be subject to the approval of the board of trustees. (b) The board of trustees shall have the right and obligation to ebiaw from use the security deposit of any participant, its excess insurance carrier, and of any other guarantor the amount ef to pay the participant's workers' compensation obligation assumed by
the beafd-, including reasonable administrative and legal costs. The amount of the claims

1880

JOURNAL OF THE HOUSE,

for reimbursement of reasonable administrative and legal costs shall be subject to the approval of the board of trustees. (c) The board of trustees shall be a party in interest in any action or proceeding to obtain the security deposit of a participant for the payment of its compensation obligations, in any action or proceeding under the participant's excess insurance policy, and in any other action or proceeding to enforce an agreement of any security deposit, excess insurance carrier, and from any other guarantor to satisfy such obligations."
SECTION 3. Said article is further amended by striking Code Section 34-9-388, relating to reports of participant's insolvency and audits and review of applications for self-insurance and recommendations thereon, and inserting in lieu thereof the following:
"34-9-388.
(a) It shall be the duty of the board to report to the board of trustees when the board has reasonable cause to believe that any participant examined or being examined may be in danger of insolvency. (b) The board shall, at the inception of a participant's self-insured status and at least annually thereafter, so long as the participant remains self-insured, furnish the board of trustees with a complete, original bound copy of each participant's audit performed in accordance with generally accepted auditing standards by an independent certified public accounting firm, three to five years of loss history, name of the person or company to administer claims and any other pertinent information submitted to the board to authenticate the participant's self-insured status. The board of trustees may contract for the services of a qualified certified public accountant or firm to review, analyze, and make recommendations on these documents. All financial information submitted by a participant shall be considered confidential and not public information. (c) The board of trustees shall make reports and recommendations to the board upon any matter germane to the solvency, liquidation, or rehabilitation of any participant The board of trustees shall examine the same documents as required in subsection (b) of this Code section. Such reports and recommendations shall not be considered public documents. (d) The board of trustees shall have the authority to review all applications for self-insurance and shall make recommendations to the board concerning the acceptance of the prospective self-insurer. If the board rejects in part or in whole the recommendations of the board of trustees, the board shall give written notice to the board of trustees ten days prior to accepting the application for self-insurance."
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 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 YAnderaon YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield YBirdsong

Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown Y Buck Y Buclmer Y Bunn Y Burkhalter

Y Byrd Y Campbell Y Canty Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T
Connell

E Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M
Day Y DeLoach, B Y DeLoach, G Y Dii

Y Dixon Y Dobbs Y Dukes Y Khrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden

THURSDAY, MARCH 12, 1998

1881

Y Graves YGreene YGrindley
YHammontree Y Manner Y Harbin Y Heard YHecht YHeckitaU YHegstrom
Henson Y Holland
Holmes Y Houston
Howard YHudgens Y Hudson, H Y Hudson, N YHugley Ylrvin
E Jackson Y James Y Jamieion YJenkins
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 EMcClinton
McKinney YMills YMobley YMoaley YMueller

YO'Neal YOirock YParham YPamsh Y Parsons
Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter YPowell YPuroell
YRagas YRandall
YRay Y Reaves Y Reichert YRice Y Richardson Y Roberta Y Rogers Y Royal Y Sanders

Y Sauder YScarlett YScheid Y Scott
Sbanahan Shaw YSherrill 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 Y StalUngB Y Stancil, F Y Stancil, S Y Stanley, L

Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas Y Tillman Y Titus Y Tolbert ETrense Y Turnquest
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, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The Speaker assumed the Chair.

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 Annotated, 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 reimburse the retirement system for benefits wrongfully paid to the beneficiary.

The following substitute, offered by Representative Cummings of the 27th, was read:

A BILL
To amend Code Section 47-3-127 of the Official Code of Georgia Annotated, relating to the effect of restoration to service upon a beneficiary of the Teachers Retirement System of Georgia, so as to 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 reimburse the retirement system for benefits wrongfully paid to the beneficiary; to provide for notice of employment; to provide that a beneficiary shall notify an employer of his or her status prior to accepting employment; to provide for the payment of amounts owed; 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. Code Section 47-3-127 of the Official Code of Georgia Annotated, relating to the effect of restoration to service upon a beneficiary of the Teachers Retirement System of Georgia, is amended by inserting at the end thereof the following:
"(e)(l) A beneficiary of this retirement system shall be deemed to be restored to service within the meaning of this Code section if such beneficiary is employed by an employer:

1882

JOURNAL OF THE HOUSE,

(A) In a position previously held by a teacher; or (B) In a capacity which would normally be held by a teacher, as determined by the board of trustees, whether employed directly or indirectly, for which the compensation is greater than one-half of the beneficiary's average annual compensation used to calculate his or her retirement benefit or the beneficiary's final compensation at the time of his or her retirement, whichever is larger; provided, however, that such amount shall be increased by any annual cost-of-living adjustment reflected in the state teacher salary schedule. (2) If an employer employs a beneficiary in any manner specified in paragraph (1) of this subsection during the calendar month of the effective date of the beneficiary's retirement, the employer shall reimburse the retirement system for all benefits wrongly paid to the beneficiary. (3) If an employer employs a beneficiary in any manner specified in paragraph (1) of this subsection any time after the last day of the calendar month of the effective date of the beneficiary's retirement, the employer shall so notify the board of trustees, stating the beneficiary's name, salary, number of hours, whether the beneficiary is employed as a teacher, and such other information as the board of trustees requests. If an employer fails to so notify the board of trustees, the employer shall reimburse the retirement system for all benefits wrongly paid to the beneficiary. (4) It shall be the duty of a beneficiary of this retirement system to notify an employer of his or her status as a beneficiary prior to accepting employment with that employer. If a beneficiary fails to so notify an employer and as a result the employer becomes obligated to this retirement system pursuant to paragraph (2) or (3) of this subsection, the beneficiary shall be liable to the employer for any amount the employer is obligated to pay to this retirement system. (5) If an employer who is obligated to this retirement system pursuant to paragraph (2) or (3) of this subsection fails to pay the amount due, such amount shall be deducted from any funds payable to the employer by the state, including without limitation the Department of Education and the Board of Regents, and paid to the board of trustees of this retirement system."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Pursuant to Rule 134, Representative Coleman of the 80th was excused from voting on SB 558.

The following amendment was read:

Representative Tolbert of the 25th moves to amend the Floor substitute to SB 558 by striking lines 23 and 24 of page 1 and inserting in lieu thereof the following:
"of this Code section if such beneficiary is first employed by an employer on or after July 1, 1998:"

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

N Alien NAnderson YAshe N Bailey Y Bannister NBarfoot N Barnard YBaraes N Bates YBenefield NBirdsong

Y Bohannon N Bordeaux Y Bradford Y Breedlove Y Bridges N Brooks Y Brown N Buck N Buckner Y Bunn Y Burkhalter

N Byid Y Campbell Y Canty Y Cash N Channel! N ChUders N Clark Y Coan
Coleman, B N Coleman, T N Cornell

Y Cooper N Crawford Y Crews Y Culbreth N Cummings N Davis, G Y Davis, M
Day DeLoach, B N DeLoach, G N Dix

N Dixon N Dobbs N Dukes Y Ehrhart
Epps Y Evans Y Everett Y Felton N Floyd Y Franklin N Golden

THURSDAY, MARCH 12, 1998

1883

Y Graves
NGreene Y Grindley YHammontree N Manner Y Harbin N Heard YHecht NHeckstall N Hegstrom NHenson N Holland
Holmes N Houston N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Ylrvin E Jackson
N James Jamieson
N Jenkins Johnson

N Johnston Jones
Y Joyce YKaye YLadd YLakly NLane NLee Y Lewis
Lord
N Lucas Y Maddoi YMann N Manning N Martin, J Y Martin, J.L YMassey NMcBee
McCall E McClinton
McKinney Y Mills
Y Mobley NMosley Y Mueller

N O'Neal NOrrock NParham NParrish Y Parsons
Pelote N Perry Y Pinholster
NPoag NPolak
N Ponder Porter
N Powell
NPurcell NRagas NRandall YRay N Reaves N Reichert YRice Y Richardson
N Roberts Y Rogers Y Royal Y Sanders

Y Sauder Y Scarlett YScheid Y Scott N Shauahan
Shaw N Sherrill NShipp NSims N Sinkfield N Skipper
N Smith, C Y Smith, C.W N Smith, L Y Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling
YSnow NStaUings N Stancil, F Y Stancil, S
Stanley, L

On the adoption of the amendment, the ayes were 74, nays 84. The amendment was lost.

Stanley, P Y Stephens N Taylor
Teague NTeper N Thomas Y Tilhnan N Titus YTolbert
ETrense N Turnquest
Twiggs N Walker, L
Y Walker, R.L Y Watson
YWest 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 Snelling of the 99th moves to amend the Floor substitute to SB 558 on line 28, page 1, delete words "or indirectly".

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 NBarfoot N Barnard NBarnes N 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
Y Canty YCash NChannell N Childers N Clark YCoan
Coleman, B N Coleman, T N Cornell

N Cooper N Crawford Y Crews N Culbreth
N Cummings N Davis, G Y Davis, M
Day DeLoach, B
N DeLoach, G NDii
NDizon NDobbs N Dukes YEhrhart
Epps Y Evans
Y Everett Y Felton NFloyd Y Franklin N Golden Y Graves N Greene
Y Grindley Y Hammontree N Manner N Harbin N Heard
NHecht NHeckstall N Hegstrom NHenson

N Holland Holmes
N Houston N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Ylrvin
E Jackson N James
Jamieson Jenkins Johnson N Johnston
Jones Y Joyce YKaye YLadd YLakly
NLane NLee Y Lewis NLord N Lucas Y Maddox YMann
N Manning N Martin, J N Martin, J.L YMassey NMcBee
McCall

E McClinton McKinney
Y Mills
N Mobley NMosley Y Mueller N O'Neal NOrrock
NParham NParrish 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 N Sanders N Sauder Y Scarlett

Y Scheid Y Scott NShanahan
Shaw N Sherrill NShipp
NSims N Sinkfield
N Skipper N Smith, C Y Smith, C.W N Smith, L Y Smith, L.R N Smith, P N Smith, T
Y Smith, V N Smyre Y Snelling YSnow NStallings N Stancil, F Y Stancil, S
Stanley, L
Stanley, P Y Stephens N Taylor
Teague NTeper N Thomas YTillman N Titus Y Tolbert ETrense

1884

JOURNAL OF THE HOUSE,

NTurnquwt NTwiggi N Walker, L

Y Walker, R.L N Watson N Weet

Y Westmoreland NWhitaker Y Wiles

Y Williams, B Y Williams, J N Williams, R

YWorthan YYates
Murphy, Spkr

On the adoption of the amendment, the ayes were 56, nays 104. The amendment was lost.

Representative Tolbert of the 25th moved that the House reconsider its action in failing to adopt the Tolbert amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Alien NAndenon
YAshe Y Bailey Y Bannister
NBarfoot N Barnard
YBames N Bates YBenefield
NBirdsong Y Bohannon N Bordeaux Y Bradford Y Breedlove
Y Bridges N Brooks Y Brown
NBuck N Buckner YBunn Y Burkhalter
NByrd Y Campbell
Y Canty YCaah NChannell
NChUders Clark
YCoan Coleman, B
N Coleman, T NConnell Y Cooper NCrawford Y Crews

Y Culbreth N CummiiiKB N Davis, G
YDavis,M Day
NDeLoach, B NDeLoach, G NDii NDixon NDobbe
N Dukes YEhrhart
Epps YEvans YEverett
Y Felton NFloyd
Y Franklin N Golden Y Graves NGnene YGrindley YHammontree N Manner Y Harbin N Heard YHecht NHeckstall NHegstrom
Henson
Y Holland Holmes
N Houston N Howard
YHudgens N Hudson, H

N Hudson, N N Hugley Ylrvin
E Jackson N James
Jamieson Y Jenkins
Johnson N Johnston
Jones Y Joyce YKaye YLadd Y Laxly NLane NLee Y Lewis NLord N Lucas YMaddox YMann Y Manning N Martin, J Y Martin, J.L
YMassey NMcBee NMcCall E McClinton
McKinney
Y Mills Y Mobley
NMosley YMueller NO'Neal NOrrock
NParham

On the motion, the ayes were 80, nays 81. The motion was lost.

N Fairish Y Parsons N Pelote N Perry Y Pinholster NPoag NPolak Y Ponder N Porter NPowell NPurcell
NRagas NRandall
YRay Y Reaves N Reichert YRice Y Richardson N Roberts Y Rogers Y Royal Y Sanders YSauder YScarlett YScheid Y Scott N Shanahan
Shaw NSherriU NShipp NSinu
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
YSnow NStalUngs N Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephens NTaylor Teague
NTeper N Thomas YTUhnan N Titus Y Tolbert ETrense N Turaquest NTwiggs N Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland NWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan
Y Yates Murphy, Spkr

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

Y Alien Y Andereon YAshe Y Bailey N Bannister YBarfoot Y Barnard

NBarnes Y Bates YBenefield YBirdsong N Bohannon Y Bordeaux Y Bradford

N Breedlove Y Bridges Y Brooks N Brown YBuck Y Buckner NBunn

YBurkbalter YByrd Y Campbell
N Canty NCash YChanneU
YChilders

Y Clark NCoan
Coleman, B
Y Coleman, T YConneU
Cooper YCrawford

THURSDAY, MARCH 12, 1998

1885

N Crews Y Culbreth
Y Cummings YDavis, G
N Davis, M Day
YDeLoach, B Y DeLoach, G YDix YDiion
YDobbe Y Dukes NEhrhart
Epps N Evans NEverett YFelton YFloyd N Franklin Y Golden Y Graves
YGreene N Grindley YHammontree Y Manner
Y Harbin Y Heard YHecht YHeckstaU

YHegstrom YHenson Y Holland
Holmes Y Houston Y Howard YHudgens
Y Hudson, H Y Hudson, N YHugley Nlrvin E Jackson Y James Y Jamieson YJenkins
Johnson Y Johnston
Jones N Joyce
NKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas YMaddox YMann

Y Manning Y Martin, J Y Martin, J.L
NMassey YMcBee YMcCall E McClinton
McKinney N Mills Y Mobley YMosley
NMueUer YO-Neal YOrrock
YParham YParrish Y Parsons YPelote Y Perry Y Pinholster
YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas YRandall
Ray

Y Reaves YReicbert
NRice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder YScarlett YScheid
N Scott Y Shanahan
Shaw YSherrUl YShipp YSims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T
N Smith, V YSmyre N Snelling NSnow

YStaffings Y Stancil, F Y Stand), S
Stanley, L Stanley, P Y Stephens Y Taylor Teague YTeper Y Thomas YTiUman Y Titus N Tolbert ETrense Y Turnquest YTwiggs Y Walker, L
N Walker, R.L Y Watson NWest Y Westmorland
Y Whitaker Y Wiles N Williams, B N Williams, J Y Williams, R N Worthan YYates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 128, nays 35.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 666 Do Pass
Respectfully submitted, M Childers of the 13th
Chairman

Representative Dobbs of the 92nd District, Chairman of the Committee on State Institutions & Property, submitted the following report:

Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 367 Do Pass, by Substitute
Respectfully submitted, /&/ Dobbs of the 92nd
Chairman

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

1886

JOURNAL OF THE HOUSE,

Mr. Speaker:

Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the Senate and has instructed me to report the same back to the
House with the following recommendations:

SB 446 Do Pass, by Substitute SB 638 Do Pass, by Substitute

SB 670 Do Pass, by Substitute SB 700 Do Pass

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

Representative Smyre of the 136th District, Chairman of the Committee on University System of Georgia, submitted the following report:

Mr. Speaker:
Your Committee on University System of Georgia has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 587 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman

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

The Senate insists on its substitute to the following bill of the House:

HB 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 passed by the requisite constitutional majority the following bill of the House:

HB 886. By Representative Cummings of the 27th:
A bill to amend Chapter 2 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to change a certain definition; to remove a limitation on the compensation to be considered for calculating retirement benefits.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

THURSDAY, MARCH 12, 1998

1887

HB 71. By Representatives Murphy of the 18th and Shanahan of the 10th:
A bill to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to prohibit certain unsolicited telephone calls to residential subscribers who have given notice of then* objection to such calls to the Georgia Public Service Commission.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 71

The Committee of Conference on HB 71 recommends that both the Senate and the
House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 71 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/a/ Steve Henson Senator, 55th District

/a/ Newt Hudson Representative, 156th District

/s/ Eric Johnson Senator, 1st District

la/ William J. Lee Representative, 94th District

/s/ Mary Margaret Oliver Senator, 42nd District

/s/ Jimmy Skipper Representative, 137th District

A BILL
To amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to make certain legislative findings; to define certain terms; to prohibit telephone solicitations to residential subscribers who have given notice of their objection to such solicitations to the Georgia Public Service Commission; to establish a data base to collect such objections and provide for its operation by the Georgia Public Service Commission; to provide for fees to be charged to residential telephone subscribers who are included in the data base or to persons or entities accessing the data base; to restrict the use of information contained in the data base and to provide that such information is not subject to public inspection or disclosure; to require any person or entity who makes a telephone solicitation to state, at the beginning of such call, the identity of the person or entity initiating the call; to prohibit the blocking, by a person or entity making a telephone solicitation, of a residential subscriber's use of a caller identification service; to provide for enforcement by the administrator of consumer affairs, pursuant to certain provisions of Part 2 of Article 15 of Chapter 1 of Title 10, the "Fair Business Practices Act of 1975"; to provide for a civil action; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, is amended by adding a new Code section, to be designated as Code Section 46-5-27, to read as follows:
"46-5-27.
(a) The General Assembly finds that: (1) The use of the telephone to market goods and services to the home is pervasive now due to the increased use of cost-effective telemarketing techniques;

1888

JOURNAL OF THE HOUSE,

(2) Over 30,000 businesses actively telemarket goods and services to business and residential customers; (3) Every day, over 300,000 solicitors place calls to more than 18 million Americans, including citizens of this state;
(4) Telemarketing, however, can be an intrusive and relentless invasion of the privacy and peacefulness of the home; (5) Many citizens of this state are outraged over the proliferation of nuisance calls to their homes from telemarketers; (6) Individuals' privacy rights and commercial freedom of speech can be balanced in a way that accommodates both the privacy of individuals and legitimate telemarketing practices; and (7) It is in the public interest to establish a mechanism under which the individual citizens of this state can decide whether or not to receive telemarketing calls in their homes.
(b) As used in this Code section, the term: (1) 'Caller identification service' means a type of telephone service which permits telephone subscribers to see the telephone number of incoming telephone calls.
(2) 'Residential subscriber' means a person who has subscribed to residential telephone service from a local exchange company or the other persons living or residing with such person. (3) 'Telephone solicitation' means any voice communication over a telephone line for the purpose of encouraging the purchase or rental of, or investment in, property,
goods, or services, but does not include communications: (A) To any residential subscriber with that subscriber's prior express invitation or
permission; (B) By or on behalf of any person or entity with whom a residential subscriber has
a prior or current business or personal relationship; or (C) By or on behalf of a charitable organization which has filed a registration state-
ment pursuant to Code Section 43-17-5, is exempt from such registration under paragraphs (1) through (6) of subsection (a) of Code Section 43-17-9, or is exempt from
such registration as a religious organization or agency referred to in paragraph (2) of Code Section 43-17-2.
Such communication may be from a live operator, through the use of ADAD equipment as defined in Code Section 46-5-23, or by other means.
(c) No person or entity shall make or cause to be made any telephone solicitation to the telephone line of any residential subscriber in this state who has given notice to the commission, in accordance with regulations promulgated under subsection (d) of this
Code section, of such subscriber's objection to receiving telephone solicitations. (d)(l) The commission shall establish and provide for the operation of a data base to
compile a list of telephone numbers of residential subscribers who object to receiving telephone solicitations. It shall be the duty of the commission to have such data base
in operation no later than January 1,1999. (2) Such data base may be operated by the commission or by another entity under
contract with the commission. (3) No later than January 1,1999, the commission shall promulgate regulations which:
(A) Require each local exchange company to inform its residential subscribers of
the opportunity to provide notification to the commission or its contractor that such subscriber objects to receiving telephone solicitations;
(B) Specify the methods by which each residential subscriber may give notice to the commission or its contractor of his or her objection to receiving such solicitations
or revocation of such notice; (C) Specify the length of time for which a notice of objection shall be effective and
the effect of a change of telephone number on such notice; (D) Specify the methods by which such objections and revocations shall be collected
and added to the data base; (E) Specify the methods by which any person or entity desiring to make telephone solicitations will obtain access to the data base as required to avoid calling the tele-
phone numbers of residential subscribers included in the data base; and

THURSDAY, MARCH 12, 1998

1889

(F) Specify such other matters relating to the data base that the commission deems desirable.
(4) If, pursuant to 47 U.S.C. Section 227(c)(3), the Federal Communications Commission establishes a single national data base of telephone numbers of subscribers who object to receiving telephone solicitations, the commission shall include the part of such single national data base that relates to Georgia in the data base established under this Code section.
(e) A residential subscriber shall be charged a fee of $5.00, payable to the commission, for each notice for inclusion in the data base established under this Code section. A person or entity desiring to make telephone solicitations shall be charged a fee of $10.00 per year payable to the commission for access to or for paper or electronic copies of the data base established under this Code section. (f) Information contained in the data base established under this Code section shall be used only for the purpose of compliance with this Code section or in a proceeding or action under subsection (h) or (i) of this Code section. Such information shall not be subject to public inspection or disclosure under Article 4 of Chapter 18 of Title 50.
(g)(l) Any person or entity who makes a telephone solicitation to the telephone line of any residential subscriber in this state shall, at the beginning of such call, state
clearly the identity of the person or entity initiating the call. (2) No person or entity who makes a telephone solicitation to the telephone line of a residential subscriber in this state shall knowingly utilize any method to block or
otherwise circumvent such subscriber's use of a caller identification service, (h) The administrator appointed pursuant to subsection (g) of Code Section 10-1-395 shall have authority to initiate proceedings, pursuant to Code Section 10-1-397, relating
to a knowing violation or threatened knowing violation of subsection (c) or (g) of this Code section. Such proceedings include without limitation proceedings to issue a cease
and desist order, to issue an order imposing a civil penalty up to a maximum of $2,000.00 for each knowing violation, and to seek additional relief in any superior court
of competent jurisdiction. Such actions shall be brought in the name of the state. The provisions of Code Sections 10-1-398, 10-1-398.1, and 10-1-405 shall apply to proceedings
initiated by the administrator under this subsection. The administrator is authorized to issue investigative demands, issue subpoenas, administer oaths, and conduct hearings in
the course of investigating a violation of subsection (c) or (g) of this Code section, in accordance with the provisions of Code Sections 10-1-403 and 10-1-404.
(i) Any person who has received more than one telephone solicitation within any 12 month period by or on behalf of the same person or entity in violation of subsection
(c) or (g) of this Code section may either bring an action to enjoin such violation; bring an action to recover for actual monetary loss from such knowing violation or to receive up to $2,000.00 in damages for each such knowing violation, whichever is greater; or
bring both such actions. (j) It shall be a defense in any action or proceeding brought under subsection (h) or (i)
of this Code section that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent telephone solicitations in vio-
lation of this Code section. (k) No action or proceeding may be brought under subsection (h) or (i) of this Code sec-
tion: (1) More than two years after the person bringing the action knew or should have
known of the occurrence of the alleged violation; or (2) More than two years after the termination of any proceeding or action by the
State of Georgia, whichever is later. (1) A court of this state may exercise personal jurisdiction over any nonresident or his
or her executor or administrator as to an action or proceeding authorized by this Code
section in accordance with the provisions of Code Section 9-10-91. (m) The remedies, duties, prohibitions, and penalties of this Code section are not exclusive and are in addition to all other causes of action, remedies, and penalties provided
by law. (n) No provider of telephone caller identification service shall be held liable for viola-
tions of this Code section committed by other persons or entities."

1890

JOURNAL OF THE HOUSE,

SECTION 2. This Act shall become effective on July 1, 1998, for purposes of administrative establishment of the data base, including receipt of notices, by the Public Service Commission and shall become effective for all purposes on January 1,1999.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Skipper of the 137th moved that the House adopt the report of the Committee of Conference on HB 91.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Anderson
YAshe
Y Bailey Y Bannister
YBarfoot Y Barnard YBaraes Y Bates
Benefield YBirdsong Y Bohannon
Bordeaux Y Bradford Y 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 Cuxnmings Y Davis, G Y Davis, M
Day
Y DeLoach, B Y DeLoach, G YDii Y Diion
YDobbs Y Dukes YEhrhart
Epps Y Evans Y Everett Y Pelton Y Floyd Y Franklin
Y Golden Y Graves YGreene Y Grindley YHammontree YHanner 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 Ylrvin E Jackson Y James Y Jamieson Y Jenkins
Johnson Y Johnston
Jones Y Joyce YKaye YLadd YLakly YLane
YLee Y Lewis
YLord Y Lucas Y Maddoi
Mann Y Manning Y Martin, J Y Martin, J.L
YMassey YMcBee YMcCall E McClinton
McKinney Y Mills
Y Mobley YMosley Y MueUer YO'Neal YOrrock
YParham

On the motion, the ayes were 159, nays 0. The motion prevailed.

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 YBice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott
Shanaban Shaw YSherriU 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 Y Smyre YSneUing YSnow YStallings Y StancU, F Y StancU, S
Stanley, L Stanley, P Y Stephens Y Taylor Teague YTeper Y Thomas YTillman Y Titus Y Tolbert
ETrense 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
YYates Murphy, Spkr

Representative Sanders of the 107th arose to a point of personal privilege and addressed the House.

Representative Canty of the 52nd arose to a point of personal privilege and addressed the House.

Representative Randall of the 127th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

THURSDAY, MARCH 12, 1998

1891

Your Committee on Special Judiciary has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 7 Do Pass, by Substitute
Respectfully submitted, /s/ Randall of the 127th
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.

1892

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, March 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:

Ashe Bftnnister Barfoot Barnard
Barnes Bates Birdsong Bohannon Bordeaux Bradford Breedlove Bridges Brooks Brown Buck Bunn Burkhalter CampbeU Canty Cash Channel! ChUders Clark Coan Coleman, B Coleman, T Crawford Crews Culbreth

Cununings Davis, G Davis, M DeLoach, G Dii Diion Dobbs Dukes Epps Evans Everett Felton Floyd Franklin Golden Graves Greene Grindley Hanunontree Hanner Harbin Heard Hecht Heckstall Hegstrom Henson Holland Howard Hudgens

Hudson, N Hugley Irvin Jackson James Jamieson Jenkins Johnson Johnston Joyce Kaye Ladd Lakly Lewis Lord Maddox
Manning
Martin, J Martin, J.L Mauey McBee McCall E McClinton McKinney Mills Mobley Mosley MueUer Parrish

Parsons Pelote Pinholster Poag Porter Powell Purcell Ray Reaves Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett
Scott Shanahan Shaw Sherrill Shipp Sims Smith, C
Smith, C.W Smith, L Smith, L.R

Smith, P Smith, T Smith, V SneUing Snow Stailings Stancil, F Stancil, S Stanley, L Stanley, P Stephens Teper Thomas Tillman Titus Tolbert ETrense Twiggs Walker, R.L Watson
West Westmoreland Whi taker Wiles Williams, J Williams, R Worthan Yates

The following members were off the floor of the House when the roll was called:
Representatives Benefield of the 96th, Scheid of the 17th, DeLoach of the 172nd, Anderson of the 116th, Alien of the 117th, Ponder of the 160th, Day of the 153rd, Sinkfield of the 57th, Lee of the 94th, Orrock of the 56th, Randall of the 127th, Turnquest of the 73rd, Skipper of the 137th, Smyre of the 136th, Jones of the 71st, Cooper of the 31st, Williams of the 63rd, Lucas of the 124th, Polak of the 67th and Parham of the 122nd.
They wish to be recorded as present.

Prayer was offered by Elder Kenneth L. Brantley, Pastor, Mt. Glead Primitive Baptist Church, Sandersville, 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, March 13, 1998

1893

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 Resolutions of the House were introduced, read the first time and referred to the committees:

HR 1308. By Representative Coleman of the 142nd:
A resolution urging the State Transportation Board to designate the intersection of U.S. Highway 341 and Georgia Highway 87 in Dodge County as the Heart of Georgia Armed Forces Veterans Memorial Intersecton.
Referred to the Committee on Transportation.

HR 1309. By Representatives Floyd of the 138th, Reaves of the 178th, Manner of the 159th, Sims of the 167th, Hudson of the 156th and others:
A resolution urging the Governor and the Georgia Emergency Management Agency to take appropriate action to assist local governments and the citizens of Georgia in recovering from the devastating effects of recent weather conditions.
Referred to the Committee on Agriculture & Consumer Affairs.

HR 1310. By Representatives Harbin of the 113th, McCall of the 90th, Williams of the 114th, Parrish of the 144th, Channell of the lllth and others:
A resolution urging Congress to pass the Patient Access to Responsible Care Act of 1997.
Referred to the Committee on Insurance.

HR 1311. By Representative Coleman of the 142nd:
A resolution commending Mr. S. C. Cadwell and urging the Department of Transportation to name a portion of State Road 165 in his honor.
Referred to the Committee on Transportation.

HR 1312. By Representative Ashe of the 46th:
A resolution creating the House Study Committee on the Governance of Hartsfield Atlanta International Airport.
Referred to the Committee on Rules.

1894

JOURNAL OF THE HOUSE,

HR 1313. By Representatives Polak of the 67th and Teper of the 61st:
A resolution urging the Environmental Protection Division of the Department of Natural Resources and the Georgia Forestry Commission to consider conducting a study of the cumulative environmental and economic impacts of chip mills.
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 1925 HB 1926
HB 1927 HB 1928

HR 1276 HR 1278
SB 709

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

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 593 Do Pass, by Substitute
Respectfully submitted, /s/ Holmes of the 53rd
Chairman

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

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 431 Do Pass SB 665 Do Pass
Respectfully submitted, M Lord of the 121st
Chairman

Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

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

SB 180 Do Pass, by Substitute SB 344 Do Pass, by Substitute SB 524 Do Pass, by Substitute

SB 525 Do Pass, by Substitute SB 688 Do Pass

FRIDAY, March 13, 1998

1895

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

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 1223 Do Pass HR 1282 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

Representative Dobbs of the 92nd District, Chairman of the Committee on State Institutions & Property, submitted the following report:

Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 604 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 1309 Do Pass HB 1310 Do Pass HB 1723 Do Pass HB 1803 Do Pass, by Substitute HB 1840 Do Pass HB 1894 Do Pass HB 1895 Do Pass HB 1896 Do Pass HB 1897 Do Pass HB 1900 Do Pass HB 1902 Do Pass HB 1904 Do Pass HB 1905 Do Pass HB 1906 Do Pass

HB 1908 Do Pass HB 1909 Do Pass HB 1910 Do Pass HB 1911 Do Pass HB 1912 Do Pass HB 1913 Do Pass HB 1914 Do Pass HB 1915 Do Pass HB 1916 Do Pass HB 1917 Do Pass HB 1918 Do Pass HB 1919 Do Pass HB 1920 Do Pass HB 1921 Do Pass

1896

JOURNAL OF THE HOUSE,

HB 1922 Do Pass
HB 1923 Do Pass HB 1924 Do Pass

SB 707 Do Pass SB 708 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, MARCH 13, 1998
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 37th Legislative Day as enumerated below:
SB 39 Sexually violent predators; registration; release of information (Boshears of the 6th)
SB 77 Stone Mtn. Judicial Cir. - provide for 10th judge (Oliver of the 42nd)
SB 318 Municipalities - private contracts for water, sewer operations (Thomas of the 10th)
SB 420 Southern Dairy Compact - enactment, compacts (Griffin of the 25th)
SB 529 Ad Valorem Tax - info., disclosures to taxpayer (Langford of the 29th)
SB 562 Insurance - no denial of coverage for lawful firearm possession (Hill of the 4th)
SB 574 State Govt. - requirements for use of recycled paper (Hill of the 4th)
SB 600 Zoning - ordinances which zone cert, annexed, deannexed property (Crotts of the 17th)
SB 603 Health Ins. Coverage - prohibit excluding cert, depend, children (Perdue of the 18th)
SB 677 Coweta Judicial Cir. Superior Ct. Judges - supplemental salaries (Price of the 28th)
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Skipper of the 137th
Vice-Chairman

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

HB 1309.

By Representatives Clark of the 3rd and Snow of the 2nd:
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.

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

FRIDAY, March 13, 1998

1897

HB 1310.

By Representatives Clark of the 3rd and Snow of the 2nd:
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.

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

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.

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

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.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating the City of Atlanta and Fulton County Recreation Authority, approved March 17, 1960 (Ga. L. 1960, p. 2810), as amended, particularly by an Act approved June 16, 1964 (Ga. L. 1964, p. 2058), so as to change the method of nomination for one member; to add four members of the authority to be appointed by the legislative delegation; to provide for appointing a member from north Fulton County and south Fulton County; to provide for initial and subsequent terms for additional members; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the City of Atlanta and Fulton County Recreation Authority, approved March 17, 1960 (Ga. L. 1960, p. 2810), as amended, particularly by an Act approved June 16, 1964 (Ga. L. 1964, p. 2058), is amended by striking in their entirety Section 2, Section 2(a), and Section 2(b), and inserting in lieu thereof the following:
"SECTION 2. City of Atlanta and Fulton County
Recreation Authority (a) There is created a body corporate and politic to be known as the City of Atlanta and Fulton County Recreation Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style, and title, and said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. The authority shall consist of 13 members. (b) Six members of the authority shall be appointed by the governing authority of the City of Atlanta with five members to be nominated by the mayor of such city, one member to be nominated by the president of the city council, and all six to be confirmed by the council.

1898

JOURNAL OF THE HOUSE,

(c) A total of four members of the authority shall be appointed by those members of the General Assembly who represent the City of Atlanta or Fulton County. One of the four members appointed under this subsection shall reside in the geographic area of Fulton County south of the corporate limits of the City of Atlanta and shall be appointed by a majority vote of the General Assembly members representing a portion of south Fulton County. One of the four members appointed under this subsection shall reside in the geographic area of Fulton County north of the corporate limits of the City of Atlanta and shall be appointed by a majority vote of the General Assembly members representing a portion of north Fulton County. The remaining two members shall be appointed by majority vote of those members of the General Assembly who represent any part of the City of Atlanta. When making the initial appointments pursuant to this subsection, those members of the General Assembly who represent the City of Atlanta or Fulton County shall, by majority vote, designate two members to serve initial terms of four years and two members to serve initial terms of three years; thereafter, members of the authority appointed pursuant to this subsection shall be appointed for terms of four years. (d) Three members of the authority shall be appointed by majority vote of the Fulton County Board of Commissioners. (e) Except for initial terms, terms for members of the authority shall be four years and until their respective successors are appointed, except that any elected official of the City of Atlanta or Fulton County or any member of the General Assembly shall serve as a member of the authority only during his or her term of elected office. Vacancies shall be filled by appointment for the unexpired term. Appointment to fill a vacancy shall be by the appointing authority which appointed the member who has caused the vacancy.
(f) The authority shall elect one of its members as chairperson and another member as vice chairperson, both of whom shall be elected for terms of one year or until their successors are elected and qualified. Subsequent chairpersons and vice chairpersons shall be elected at the annual meeting of the authority for terms of one year. It shall also elect a secretary and treasurer who does not necessarily have to be a member of the authority and, if not a member, he or she shall have no voting rights and shall be elected to serve for such term as may be determined by the authority. If a member of the authority is elected to serve as secretary and treasurer, he or she shall be elected in the same manner and for the same term as the chairperson and vice chairperson. No member of the authority shall hold more than one office except that of secretary and treasurer. Five members of the authority eligible to vote shall constitute a quorum. A majority of the quorum is empowered to exercise all the rights and perform all the duties of the authority and no vacancy on the authority shall impair the right of the quorum to act. The members of the authority shall serve without compensation except that they shall be reimbursed for actual expenses incurred in the performance of their duties. The authority shall make rules and regulations for its own government."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

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.

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

FRIDAY, March 13, 1998

1899

HB 1894.

By Representatives Stancil of the 16th, Scheid of the 17th, Evans of the 28th, Pinholster of the 15th and Breedlove of the 85th:
A bill to amend an Act to supplement the salary of the judge of the Superior Courts of the Blue Ridge Judicial Circuit, so as to increase the amount of compensation paid to such judges by the counties comprising the Blue Ridge Judicial Circuit.

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

HB 1895.

By Representative Hudgens of the 24th:
A bill to amend an Act creating a board of commissioners of Madison County, so as to change certain provisions relating to the compensation of the members of the board other than the chairperson.

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

HB 1896.

By Representative Scott of the 165th:
A bill to amend an Act creating a new charter for the City of Norman Park, so as to provide for four-year terms of office for the mayor and councilmembers.

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

HB 1897.

By Representatives Purcell of the 147th and Barnard of the 154th:
A bill to amend an Act placing the judge of the Probate Court of Bryan County, formerly the ordinary, on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the judge of the probate court.

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

HB 1900.

By Representatives Scheid of the 17th, Pinholster of the 15th and Stancil of the 16th:
A bill to amend an Act re-creating the reincorporating the City of Woodstock, so as to provide for the election of the mayor and councilmembers; to add a sixth ward and councilmember.

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

HB 1902.

By Representatives Twiggs of the 8th and Bridges of the 9th:
A bill to provide for an advisory referendum election to be held in White County for the purpose of determining whether the White County Board of Commissioners should adopt comprehensive land use regulations for unincorporated areas declarations.

1900

JOURNAL OF THE HOUSE,

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

HB 1904.

By Representative Channell of the lllth:
A bill to amend an Act creating the Board of Commissioners of Greene County, so as to change provisions relating to when a person elected to fill a vacancy takes office; to provide for a county manager and authorize the board to delegate administrative duties, powers, and responsibilities to such official.

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

HB 1905.

By Representatives Clark of the 3rd and Snow of the 2nd:
A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to change the provisions relating to the compensation of the members of said board; to authorize the members of said board to participate in the retirement plan currently available to employees of the Catoosa Utility District.

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

HB 1906.

By Representatives Shipp of the 38th, Sauder of the 29th, Parsons of the 40th, Manning of the 32nd, Cooper of the 31st and others:
A bill to amend an Act changing the boundaries of the seven education districts of the Cobb County School District, so as to change the boundaries of the seven education districts for the election of members of the Board of Education of Cobb County.

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

HB 1908. By Representatives Coleman of the 142nd, Barfoot of the 155th and Byrd of the 170th:
A bill to create the Telfair-Wheeler Airport Authority.

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

HB 1909. By Representative Jenkins of the 110th:
A bill to amend an Act providing a new charter for the City of Monticello, so as to change the corporate limits of the City of Monticello.

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

HB 1910.

By Representative Westmorland of the 104th:
A bill to provide for an advisory referendum election to be held in the Town of Tyrone for the purpose of ascertaining the type of government for said town desired by the people of said town.

FRIDAY, March 13, 1998

1901

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

HB 1911.

By Representatives Worthan of the 98th and Snelling of the 99th:
A bill to amend an Act providing a new charter for the City of Lithia Springs, so as to deannex certain property from the corporate limits of the city.

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

HB 1912.

By Representative Joyce of the 1st:
A bill to provide a homestead exemption from Dade County ad valorem taxes for county purposes for the full value of the homestead for certain residents of that county who have annual incomes not exceeding $15,000.00 and who are 70 years of age or over.

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

HB 1913. By Representative Smith of the 19th:
A bill to create a board of elections and registration for Dawson 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.

HB 1914.

By Representatives Epps of the 131st and Smith of the 102nd:
A bill to provide that the judge of the Probate Court of Meriwether County shall also serve as the chief magistrate of the Magistrate Court of Meriwether County.

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

HB 1915. By Representatives Harbin of the 113th, Williams of the 114th and Jackson of the 112th:
A bill to provide for the compensation, expenses, and benefits of the coroner of Columbia County.

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

HB 1916. By Representatives Dixon of the 168th and Smith of the 169th:
A bill to provide a homestead exemption from Ware 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 $24,000.00 and who are 62 years of age or over.

1902

JOURNAL OF THE HOUSE,

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

HB 1917. By Representatives Dixon of the 168th and Smith of the 169th:
A bill to provide a homestead exemption from Ware County ad valorem taxes for county purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that county who have annual incomes not exceeding $24,000.00 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 1918. By Representatives Dixon of the 168th and Smith of the 169th:
A bill to provide a homestead exemption from certain City of Waycross ad valorem taxes for city purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that city who are 62 years of age or older and whose income together with the income of the spouse and all members of the family who reside at the homestead of such resident does not exceed $24,000.00 per annum.

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

HB 1919. By Representatives Snow of the 2nd and Clark of the 3rd:
A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to change certain provisions regarding the powers, duties, and area of operation of the board.

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

HB 1920. By Representatives Snow of the 2nd, Joyce of the 1st and Perry of the llth:
A bill to provide a homestead exemption from Walker County ad valorem taxes for county purposes for the full value of the homestead for certain residents of that county who have annual incomes not exceeding $15,000.00 and who are 70 years of age or over.

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

HB 1921.

By Representatives Snow of the 2nd, Joyce of the 1st and Perry of the llth:
A bill to provide a homestead exemption from certain City of Chickamauga independent school district ad valorem taxes for educational purposes for the full value of the homestead for certain residents of that independent school district who are 75 years of age or older and whose annual income does not exceed $15,000.00.

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

FRIDAY, March 13, 1998

1903

HB 1922.

By Representatives Snow of the 2nd, Joyce of the 1st and Perry of the llth:
A bill to provide a homestead exemption from Walker County School District ad valorem taxes for educational purposes for the full value of the homestead for certain residents of that school district who have annual incomes not exceeding $15,000.00 and who are 75 years of age or over.

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

HB 1923. By Representative Smith of the 169th: A bill to create the State Court of Bacon County.

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

HB 1924.

By Representatives Williams of the 83rd, Dix of the 76th, Coan of the 82nd, Mills of the 21st, Crews of the 78th and others:
A bill to provide that no public funds of Gwinnett County, the Gwinnett County Board of Health, or any department or agency of Gwinnett County nor any funds received by any organization or entity from or through Gwinnett County, the Gwinnett County Board of Health, or any department or agency of Gwinnett County shall be used or expended to provide a medical examination.

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

SB 707. By Senator Ralston of the 51st:
A bill to amend an Act providing a new charter for the City of Ball Ground, as amended, 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.

SB 708. By Senators Ray of the 48th, Tysinger of the 41st, Burton of the 5th and others:
A bill to amend an Act to provide an exemption from Gwinnett County School District ad valorem taxes for the full value of the homestead of each resident of the Gwinnett County School District who is 65 years of age or over or who is disabled and who meets certain conditions, terms, and requirements for such exemption.

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

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

Alien Anderaon YAshe

Y Bailey Y Bannister YBarfoot

Y Barnard Barnes
Y Bates

Benefield Birdsong Y Bohannon

Y Bordeaux Y Bradford Y Bnedlove

1904

JOURNAL OF THE HOUSE,

Y Bridges
Y Brooks Y Brown
Buck Buckner
YBunn Burkhalter
Byrd Campbell
Y Canty YCash Y Channel!
Childera Y Clark
YCoan Y Coleman, B YColeman.T
Connell
Y Cooper Y Crawford Y Crews
Culbreth Y CumminK8 YDavis,G
Davis, M
Day DeLoach, B YDeLoach, G YDix YDizon YDobbe Y Dukes Ehrhart

YEpps Evans
YEverett YFelton
YFtoyd Y Franklin
Y Golden Y Graves YGreene YGrindley YHammontree Y Manner Y Harbin
Heard YHecht
Heckstall YHegstrom YHenson Y Holland
Holmes Y Houston Y Howard YHudgens Y Hudson, H
Hudson, N YHugley
Irvin Y Jackson
Y James Y Jamieson YJenkina Y Johnson Y Johnston

Jones Joyce YKaye YLadd YLakly YLane Lee Y Lewis YLord Y Lucas Maddox Mann Y Manning Martin, J Y Martin, J.L YMassey McBee YMcCall E McClinton McKinney E Mills Y Mobley Y Mosley Mueller YO'Neal
Orrock Parham Parrish
Y Parsons Y Pelote Y Perry Y Pinholster YPoag

YPolak Ponder
Y Porter YPowell
YPurcell Ragas Randall
YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal
Y Sanders YSauder YScarlett
Scheid Y Scott Y Shanahan YShaw YSherrill YShipp YSims
Sinkfleld 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 YStancil, S
Stanley, L Stanley, P Y Stephens Taylor Teague YTeper Y Thomas YTUhnan Y Titus Y Tolbert ETrense Turnquest YTwiggs Walker, L Y Walker, R.L
Y Watson YWest
Westmoreland Y Whitaker YWaes
Williams, B
Y Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

On the passage of the Bills, the ayes were 126, nays 0. The Bills, having received the requisite constitutional majority, were passed.

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

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

SB 9. By Senator Cheeks of the 23rd:
A bill to amend an Act entitled "An Act to provide that the governing authority of Richmond County shall be a board of commissioners consisting of a chairperson-mayor and ten members" so as to provide that the chairperson-mayor shall have a vote in matters before the board of commissioners only to make or break a tie vote or to create a majority vote of six.

SB 49. By Senator Cheeks of the 23rd:
A bill to amend an Act entitled "An Act to provide that the governing authority of Richmond County shall be a board of commissioners consisting of a chairperson-mayor and ten members" so as to provide that the chairperson-mayor shall have a vote in all matters before the board of commissioners; to provide a referendum.

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.

FRIDAY, March 13, 1998

1905

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

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.
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 District 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.
HB 236. By Representatives Ashe of the 46th, McKinney of the 51st, Mobley of the 69th and others:
A bill to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to authorize certain public agencies, public bodies corporate, public corporations, and public authorities to provide transit services or transit facilities by contract to counties, municipalities, or political subdivisions.
HB 751. By Representative Williams of the 114th:
A bill to amend Chapter 8 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Judges Retirement Fund of Georgia, so as to provide for an increase in compensation; to provide conditions for an effective date and automatic repeal.
HB 1082. By Representative Cummings of the 27th:
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 subsequently marries may establish spouse's benefits for his or her spouse.
HB 1116. By Representatives Golden of the 177th, Jamieson of the 22nd, Royal of the 164th and others:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of Georgia taxable net income, so as to provide for a deduction with respect to certain health insurance costs of self-employed individuals.

1906

JOURNAL OF THE HOUSE,

HB 1227.

By Representatives Martin of the 47th, Alien of the 117th, Hecht of the 97th 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 in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated.

HB 1365.

By Representatives Royal of the 164th, Buck of the 135th, Walker of the 141st and others:
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.

HB 1532.

By Representative Richardson of the 26th:
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 all game.

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

HR 998. By Representatives Irvin of the 45th, Walker of the 141st, Evans of the 28th and others:
A resolution creating the Commission on the 250th Anniversary of a Representative Assembly in Georgia.

HR 1066. By Representatives Smith of the 103rd, Benefield of the 96th, Walker of the 141st and others:
A resolution creating the Joint Highway Safety Study Committee.

The Senate has adopted, by substitute, by the requisite constitutional majority the following resolutions 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.

HR 1111. By Representatives Sauder of the 29th, Murphy of the 18th, Irvin of the 45th and others:
A resolution designating the Matthew A. Towery Bridge.

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

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 Annotated, 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.

FRIDAY, March 13, 1998

1907

HB 1412.

By Representative McKinney of the 51st:
A bill to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, 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, respectively, and provide for continued powers and duties.

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

HB 249. By Representative Campbell of the 42nd:
A bill to amend Code Section 19-3-30 of the Official Code of Georgia Annotated, relating to the issuance, return, and recording of marriage licenses, so as to authorize federal judges to perform marriage ceremonies.

HB 441. By Representatives Cummings of the 27th, Shanahan of the 10th, McBee of the 88th and others:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to public retirement systems, so as to provide that certain persons may not become members of the Teachers Retirement System of Georgia in a certain manner on or after a certain date; to define certain terms; to provide that certain public school employees may elect to become members of such retirement system.

HB 516. By Representatives Channell of the lllth, Jenkins of the 110th and Greene of the 158th:
A bill to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to change provisions relating to failure to complete training required for judges of the probate courts.

HB 1226. By Representatives Martin of the 47th, Alien of the 117th, Hecht of the 97th and others:
A bill to amend Chapter 1 of Title 53 of the Official Code of Georgia Annotated, 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 provisions relative to wills, trusts, and estates, as such chapter and title were amended by an Act approved April 2, 1996.

HB 1372.

By Representative Polak of the 67th:
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.

HB 1596.

By Representatives Buck of the 135th, Royal of the 164th, 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 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.

1908

JOURNAL OF THE HOUSE,

The Senate has agreed to the House substitute to the following bills of the Senate:

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 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 definitions; to specify the terms and conditions of the exemptions and the procedures relating thereto; to provide for the specific repeal of an Act approved March 16, 1994, relating to homestead exemptions for such county; to provide for applicability.

The Senate has disagreed to the House amendment to the following resolution of the Senate:

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.

The Senate has adopted the report of the Committee of Conference on the following bill of the House:

HB 71. By Representative Murphy of the 18th:
A bill to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to prohibit certain unsolicited telephone calls to residential subscribers who have given notice of their objection to such calls to the Georgia Public Service Commission.

The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:

SB 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.

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Ralston of the 51st, Land of the 16th and Oliver of the 42nd.

FRIDAY, March 13,1998

1909

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

SB 9. By Senator Cheeks of the 23rd:
A bill to amend an Act entitled "An Act to provide that the governing authority of Richmond County shall be a board of commissioners consisting of a chairperson-mayor and ten members" so as to provide that the chairperson-mayor shall have a vote in matters before the board of commissioners only to make or break a tie vote or to create a majority vote of six.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 49. By Senator Cheeks of the 23rd:
A bill to amend an Act entitled "An Act to provide that the governing authority of Richmond County shall be a board of commissioners consisting of a chairperson-mayor and ten members" so as to provide that the chairperson-mayor shall have a vote in all matters before the board of commissioners; to provide a referendum.
Referred to the Committee on State Planning & Community Affairs - Local.

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

HR 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.

HR 1282.

By Representatives Lucas of the 124th, Epps of the 131st, Lee of the 94th, Smyre of the 136th, Walker of the 141st and others:
A resolution commending the 100 Black Men of America, Inc., and inviting the Georgia chapters to appear before the House of Representatives.

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

SB 562. By Senators Hill of the 4th, Langford of the 29th, Kemp of the 3rd and others:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that no policy of insurance 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.

The report 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.

1910

JOURNAL OF THE HOUSE,

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.

The report of the Committee, which was favorable to the 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 YBarfoot Y Barnard YBames Y Bates Benefield Birdsong Y Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck Buckner YBunn Burkhalter Byrd
Campbell Y Canty YCash Y Channel!
YChilden Y Clark YCoan
YColeman, B Coleman, T
YConneU Y Cooper Y Crawford Y Crews

Y Culbreth Y Ctunmings Y Davis, G NDavis,M
Day DeLoach, B YDeLoach, G YDix YDizon YDobbs Y Dukes
Rhrhart.
YEpps Y Evans YEverett YFelton YFloyd Y Franklin Y Golden Y Graves YGreene YGrindley Y Hammontree
Hanner Y Harbin Y Heard YHecht YHeckstall YHegstrom YHenson Y Holland
Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley
Irvin
Y Jackson Y James YJmnieson Y Jenkins Y Johnson Y Johnston
Jones Y Joyce YKaye YLadd YLakly
LftH6 Lee Y Lewis YLord LUCAS YMaddoi YMann Y Manning Y Martin, J Y Martin, J.L YMassey McBee YMcCall E McClinton YMcKinney YMOls Y Mobley YMosley Mueller YO'Neal Orrock YParham

Parrish Y Parsons YPelote Y Perry Y Pinholster
YPoag Polak Ponder
Y Porter YPowell YPurcell
Ragas Randall
YRay Y Reaves YReichert
YRice Y Richardson
Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder Y Scarlett
Scheid Y Scott YShanahan YShaw YSherrill YShipp YSims
Sinkfleld 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 Stalling* Y Stancil, F YStancil, S
Stanley, L Stanley, P Y Stephens Taylor Teague YTeper
Y Thomas YTilhnan Y Titus Y Tolbert ETrense
Turnquest YTwiggs
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, the ayes were 138, nays 1. The Bill, having received the requisite constitutional majority, was passed.

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.

SB 318. By Senator Thomas of the 10th:
A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of municipal corporations generally, so as to authorize each municipal corporation to enter into leases and contracts with private persons for the operation and maintenance of its water system or sewer system or both.

The following Committee substitute was read:

FRIDAY, March 13, 1998

1911

A BILL
To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations generally, so as to authorize each county and municipal corporation to enter into leases and contracts with private persons for the operation and maintenance of its waste-water treatment system, water system, or sewer system, or any combination of such systems; 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 provisions applicable to counties and municipal corporations generally, is amended by adding immediately following Code Section 36-60-15 a new Code Section 36-60-15.1 to read as follows:
"36-60-15.1. Notwithstanding any provision of law to the contrary, any county or municipal corporation of this state is authorized, in the discretion of its governing authority, to enter into valid and binding leases and contracts with private persons, firms, associations, or corporations for any period of time not to exceed 40 years to provide for the operation and maintenance of all or a portion of its waste-water treatment system, water system, or sewer system, or any combination of such systems."
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:

Representatives Royal of the 164th, Stanley of the 50th, Shanahan of the 10th and
McKinney of the 51st move to amend the Committee substitute to SB 318 by striking "40" and inserting in its place "20" on line 23 of page 1.

The following amendment was read:

Representatives Breedlove of the 85th, Epps of the 131st, Ashe of the 46th and Brown of the 130th move to amend the Committee substitute to SB 318 by inserting following the word and symbol "systems;" on line 8 of page 1 the following:
"to provide for the review of actions and documents relating to such leases or contracts by the State Water and Sewer Privatization Oversight Committee; to provide for the appointment of the members of the State Water and Sewer Privatization Oversight Committee; to provide for related matters;".
By striking line 18 of page 1 and inserting in lieu thereof the following:
"(a) Notwithstanding any provision of law to the contrary but subject to the review required by subsection (b) of this Code section, any".
By striking the quotation mark at the end of line 26 of page 1 and inserting in lieu thereof the following:
"(b) The governing authority of any county or municipal corporation of this state which exercises the authority granted by subsection (a) of this Code section shall communicate all significant actions taken and provide a copy of all significant documents prepared or received by such governing authority or its delegate in the course of entering into and

1912

JOURNAL OF THE HOUSE,

administering such leases or contracts to the State Water and Sewer Privatization Oversight Committee for its review. Such actions and documents include, but are not limited to, the privatization plan; the proposed contract and related bid documents; notice of the issuance of bid documents to prospective contractors and of commencement of the bid process; copies of all proposals received in response to the bid documents; copies of draft contracts and correspondence related thereto exchanged between the governing authority or its delegate and any prospective contractor, copies of any additional documents from the governing authority or its delegate or any prospective contractor that the committee deems necessary or advisable to review; and a copy of the fully executed contract.
(c) There is created a State Water and Sewer 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 of the Governor, Lieutenant Governor, and Speaker of the House of Representatives. The committee shall be formed by August 1, 1998. Within 30 days of its formation, the committee shall meet and adopt procedures for the accomplishment of its review of actions and documents pursuant to this Code section. The committee is authorized to utilize the facilities and personnel of the Department of Natural Resources for such purposes.
(d) Nothing in this Code section relating to the review of actions and documents by the State Water and Sewer Privatization Oversight Committee shall be construed to require the approval of such actions or documents by the committee or to limit the enforceability of leases or contracts entered into pursuant to subsection (a) of this Code section.".

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

N Alien
N Andenon YAshe Y Bailey Y Bannister YBarfoot Y Barnard
Barnes Y Bates Y Benefield
YBirdsong Y Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges N Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter
Byrd
Y Campbell N Canty
Cash Channell Y Childers Y Clark YCoan Y Coleman, B Coleman, T
Y Cornell Y Cooper Y Crawford Y Crews

Y Culbreth Y CummingB
N Da , 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 Y Grindley Y Hammontree Y Manner Y Harbin N Heard YHecht YHeckstall
N Hegstrom Henson
Y Holland N Holmes
Y Houston Y Howard Y Hudgens
Hudson, H

Y Hudson, N NHugley
Irvin Y Jackson N James Y Jamieson YJenkins Y Johnson
Johnston
Y Jones Y Joyce YKaye YLadd YLakly YLane
NLee YLewis YLord Y Lucas YMaddoi YMann Y Manning
N Martin, J Martin, J.L
YMassey NMcBee NMcCall E McClinton Y McKinney Y Mills
Y Mobley Y Mosley Y Mueller NO'Neal NOrrock YParham

NParrish Y Parsons N Pelote Y Perry Y Pinholster YPoag NPolak Y Ponder
Y Porter YPoweU YPurcell Y Raas NRandall
YRay Y Reaves YReichert
YRice Y Richardson
Y Roberts Y Rogers N Royal N Sanders
Sauder Y Scarlett
YScheid Y Scott N Shanahan YShaw 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 129, nays 33.

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V
NSmyre YSnelling YSnow YStallings N Stancil, F Y Stancil, S N Stanley, L
Stanley, P Y Stephens N Taylor
Teague YTeper
Thomas YTillman Y Titus YTolbert ETrense N Turnquest
Twiggs N Walker, L
Y Walker, R.L Y Watson YWest Y Westmoreland YWhi taker Y Wiles
Y WUliams, B Y Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

FRIDAY, March 13, 1998

1913

The amendment was adopted.

The following amendment was read:

Representatives Sims of the 167th and Smith of the 12th move to amend the Committee substitute to SB 318 by inserting between "systems;" and "to" on line 8 of page 1 the following:
"to prohibit the commencement of certain rock quarry operations under certain circumstances;".
By inserting between lines 26 and 27 of page 1 the following:
"SECTION 1A.
Said chapter is further 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 Environmental Protection Division of the Department of Natural Resources determines through scientific analysis that such a quarry location might have significant impact on 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 mitei 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.'"
By striking line 28 of page 1 in its entirety and inserting in its place the following:
"(a) Except as provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b) Section 1 of this Act shall become effective on July 1, 1998."

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

Y Alien YAndenon YAshe Y Bailey N Bannister NBarfoot N Barnard NBarnes N Bates NBenefield NBirdsong YBohannon Y Bordeaux N Bradford YBreedlove N Bridges Y Brooks Y Brown YBuck YBuckner YBunn NBurkhalter YByrd Y Campbell N Canty
Cash Channel!

Y Childers N Clark NCoan Y Coleman, B N Coleman, T YConnell Y Cooper N Crawford Y Crews N Culbreth Y Cummings Y Davis, G N Davie, M N Day Y DeLoach, B Y DeLoach, G Y Dix Y Dkon NDobbs Y Dukes N Ehrhart Y Epps N Evans N Everett YFelton NFloyd N Franklin

N Golden Y Graves Y Greene N Grindley N Hammontree N Banner N Harbin Y Heard N Hecht N Heckstall Y Hegstrom
Henson Y Holland N Holmes Y Houston N Howard N Hudgens
Hudson, H N Hudson, N Y Hugley N Irvin Y Jackson N James YJamieson Y Jenkins Y Johnson NJohnston

Y Jones N Joyce N Kaye N Ladd N Lakly N Lane N Lee Y Lewis N Lord Y Lucas Y Maddoi N Mann N Manning N Martin, J N Martin, J.L N Massey Y McBee N McCaU E McClinton N McKinney Y Mills Y Mobley Y Mosley N Mueller Y O'Neal Y Orrock Y Parham

N Parrish N Parsons N Pelote Y Perry Y Pinholster Y Poag Y Polak Y Ponder Y Porter N Powell N Purcell Y Ragas Y RandaU N Ray Y Reaves Y Reichert N Rice N Richardson Y Roberts N Rogers
Royal N Sanders
Sauder N Scarlett N Scheid Y Scott N Shanahan

1914

JOURNAL OF THE HOUSE,

NShaw
YSherrill NShipp YSims Y 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 NSnelling
YSnow Y Stalling! N Stancil, F

Y Stancil, S N Stanley, L
Stanley, P Y Stephens Y Taylor
Teague YTeper Y Thomas
TUhnan

YTitus N Tolbert KTrense N Turnquest NTwiggs N Walker, L Y Walker, R.L Y Watson Y West

N Westmoreland N Whitaker N Wiles Y Williams, B N Williams, J N Williams, R NWorthan
NYates Murphy, Spkr

On the adoption of the amendment, the ayes were 82, nays 86. The amendment was lost.

Representative Childers of the 13th moved that the House reconsider its action in failing to adopt the Sims amendment.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien
Y Anderson YAshe Y Bailey N Bannister NBarfoot N Barnard NBames N Bates N Benefield
NBirdsong YBohannon
Y Bordeaux N Bradford Y Breedlove N Bridges Y Brooks N Brown YBuck Y Buckner YBunn N Burkhalter YByrd Y Campbell
Y Canty Cash Channell
Y Childers N Clark NCoan Y Coleman, B N Coleman, T
Cornell Y Cooper N Crawford
N Crews

Y Culbreth Y Cummings
Y Davis, G N Davis, M NDay YDeLoach, B
Y DeLoach, G YDix YDixon NDobbs
Y Dukes NEhrhart
YEpps N Evans N Everett Y Felton N Floyd N Franklin N Golden Y Graves Y Greene N Grindley N Hammontree NHanner N Harbin
Y Heard NHecht NHeckstaU Y Hegstrom
Henson Y Holland N Holmes Y Houston N Howard N Hudgens
Hudson, H

N Hudson, N
Y Hugley NIrvin Y Jackson N James Y Jamieson YJenkins Y Johnson Y Johnston
Y Jones N Joyce NKaye NLadd NLakly NLane NLee Y Lewis NLord
Y Lucas N Maddox NMann N Manning Y Martin, J N Martin, J.L
NMassey YMcBee NMcCaU E McClinton N McKinney Y Mills
Y Mobley YMosley N Mueller YO'Neal
YOrrock YParham

NParrish Y Parsons Y Pelote Y Perry N Pinholster
YPoag YPolak Y Ponder
Y Porter NPowell
NPurceU YRagas NRandall
YRay Y Reaves Y Reichert
NRice N Richardson Y Roberts N Rogers
N Royal N Sanders
Sauder N Scarlett N Scheid Y Scott N Shanahan NShaw YSherrill
YShipp YSims
Y 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 NSnelling YSnow YStallings
Y Stancil, F Y Stancil, S N Stanley, L
Stanley, P Y Stephens Y Taylor
Teague YTeper Y Thomas
Tillman N Titus
N Tolbert ETrense N Turnquest NTwiggs N Walker, L Y Walker, R.L Y Watson YWest N Westmoreland Y Whitaker N Wiles Y Williams, B
N Williams, J N Williams, R NWorthan NYates
Murphy, Spkr

On the motion, the ayes were 85, nays 83. The motion prevailed.

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

Y Alien Y Anderson YAshe Y Bailey N Bannister
NBarfoot N Barnard

NBarnes N Bates N Benefield
NBirdsong Y Bohannon
Y Bordeaux N Bradford

Y Breedlove N Bridges Y Brooks N Brown
YBuck Y Buckner
Y Bunn

N Burkhalter YByrd Y Campbell N Canty
Cash Channell Y Childers

N Clark NCoan
N Coleman, B N Coleman, T Y Cornell Y Cooper N Crawford

FRIDAY, March 13, 1998

1915

Y Crews Y Culbreth Y Cummings
Y Davis, G N Davis, M NDay Y DeLoach, B
YDeLoach, G YDix YDiion
NDobbs Y Dukes NEhrhart YEpps N Evans NEverett YFelton NFloyd N Franklin
N Golden Y Graves
YGreene NGrindley N Hammontree N Manner N Harbin Y Heard NHecht NHeckstall

Y Hegstrom Henson
Y Holland N Holmes Y Houston N Howard N Hudgens
Hudson, H N Hudson, N Y Hugley NIrvin Y Jackson
N James Y Jamieson
YJenkins Y Johnson Y Johnston Y Jones N Joyce
NKaye NLadd NLakly NLane NLee Y Lewis NLord Y Lucas YMaddoi NMann

N Manning Y Martin, J
N Martin, J.L NMassey YMcBee NMcCall
E McClinton N McKinney YMills Y Mobley YMosley N Mueller YO'Neal YOrrock
YParham NParrish N Parsons N Pelote Y Perry
Pinholster
YPoag YPolak Y Ponder Y Porter NPowell
N PurceU YRagas YRandaU
NRay

Y Reaves Y Reichert NRice N Richardson Y Roberts N Rogers
Royal N Sanders
Sauder N Scarlett N Scheid Y Scott
N Shanahan NShaw Y Sherrill NShipp YSims Y Sinkfield N Skipper Y Smith, C N Smith, C.W Y Smith, L N Smith, L.K Y Smith, P Y Smith, T N Smith, V YSmyre NSnelling YSnow

On the adoption of the amendment, the ayes were 84, nays 84. The Chair voted "aye". The amendment was adopted.

YStafflngs Y Stancil, F Y Stancil, S N Stanley, L
Stanley, P Y Stephens Y Taylor
Teague
YTeper Y Thomas
NTfflman N Titus NTolbert ETrense N Tumquest NTwiggs N Walker, L Y Walker, R.L
Y Watson YWest N Westmorland Y Whitaker N Wiles Y Williams, B N Williams, J N WilUams, R NWorthan
YYates Murphy, Spkr

The Committee substitute, as amended, was adopted.

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

Y Alien Y Anderson YAshe Y Bailey Y Bannister
NBarfoot Y Barnard YBarnes
N Bates N Benefield NBirdsong YBohannon Y Bordeaux N Bradford
Y Bnedlove Y Bridges N Brooks N Brown YBuck Y Buckner YBunn
N Burkhalter YByrd Y Campbell Y Canty
Cash Y Channel! Y Childere Y Clark

NCoan N Coleman, B
Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davig, G N Davis, M
Day Y DeLoach, B Y DeLoach, G YDix
N Dixon Dobbs
Y Dukes NEhrhart
YEpps N Evans Y Everett Y Felton YFloyd
N Franklin N Golden Y Graves Y Greene N Grindley

Y Hammontree YHanner N Harbin
Y Heard N Hecht YHeckstall
Hegstrom Henson Y Holland Y Holmes Y Houston Y Howard
N Hudgens Hudson, H
Y Hudson, N Y Hugley NIrvin Y Jackson
Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones
Y Joyce NKaye YLadd YLakly YLane

NLee Y Lewis NLord Y Lucas
Y Maddox NMann Y Manning Y Martin, J Y Martin, J.L NMassey YMcBee NMcCall
E McClinton Y McKinney YMills Y Mobley Y Mosley Y Mueller YO'Neal
YOrrock YParham Y Fairish Y Parsons Y Pelote Y Perry Y Pinholster
YPoag YPolak
Y Ponder

Y Porter N Powell YPurcell YRagas
YRandaU YRay Y Reaves Y Reichert NRice N Richardson Y Roberts Y Rogers Y Royal
N Sanders Y Sauder Y Scarlett Y Scheid N Scott Y Shanahan
NShaw Y Sherrill YShipp
YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R

1916

JOURNAL OF THE HOUSE,

Y Smith, P Y Smith, T N Smith, V YSmyre NSnelling YSnow Y Stalling*

Y Stancil, F Y Stancil, S Y Stanley, L
Stanley,? Y Stephens Y Taylor
Teague

YTeper Y Thomas YTillman Y Titus YTolbert ETrense YTumquest

NTwiggs Y Walker, L Y Walker, R.L Y Watson YWest N Westmorland YWhi taker

N Wiles Y Williams, B N Williams, J N Williams, R YWorthan YYates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 129, nays 40.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Dobbs of the 92nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye"
thereon.

SB 603. By Senators Perdue of the 18th, Walker of the 22nd and Marable of the 52nd:
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, so as to prohibit exclusion of coverage of certain routine patient care costs for dependent children of insureds enrolled in approved clinical trial programs for cancer therapy; to define certain terms; to provide for enforcement.

The report of the Committee, which was favorable to the 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 YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn YBurkhalter
YByrd Y Campbell
Y Canty YCash Y Channel! Y Guilders Y Clark YCoan YColeman, B YColeman, T YConnell
Y Cooper Y Crawford
Y Crews

Y Culbreth Y Cununiiucs YDavis, G
Y Davis, M YDay YDeLoach, B YDeLoach, G YDix YDixon
Y Dobbs Y Dukes YEhrhart YEpps Y Evans YEverett Y Felton YFloyd Y Franklin Y Golden Y Graves YGreene YGrindley
Y Hammontree 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 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
Martin, J Y Martin, J.L YMassey YMcBee YMcCall E McClinton
McKinney Y Mills Y Mobley YMosley
Mueller YO-Neal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurceU
YRagas YRandaU
YRay Y Reaves
Y Reichert YRice Y Richardson Y Roberts 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

On the passage of the Bill, the ayes were 169, nays 0.

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre YSnelling
Snow YStaUings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephens Y Taylor
Teague YTeper Y Thomas YTillman Y Titus Y Tolbert ETrense Y Tumquest
YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland Y Whitaker YWUes Y Williams, B Y Williams, J Y Williams, R YWorthan
Yates Murphy, Spkr

FRIDAY, March 13, 1998

1917

The Bill, having received the requisite constitutional majority, was passed.
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 provide 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 appointment, terms, duties, powers, per diem, expenses, and vacancies of members of the state's delegation to the Southern Dairy Compact Commission.
Representative Walker of the 141st assumed the Chair.
Representative McCall of the 90th moved the previous question. 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
Barnes Y Bates Y Benefield YBirdsong NBohannon N Bordeaux N Bradford
Breedlove Bridges Y Brooks
N Brown YBuck
YBuckner YBunn Y Burkhalter YByrd Y Campbell Y Canty
YCash Y Channel!
YChilders Y Clark NCoan
Y Coleman, B Y Coleman, T YConneU
Cooper Y Crawford Y Crews

Y Culbreth N Cummings Y Davis, G N Davis, M YDy
DeLoach, B YDeLoach, G YDix
Dizon YDobbs Y Dukes NEhrhart YEpps
Evans
YEverett YFelton YFloyd N Franklin Y Golden Y Graves YGreene Y Grindley YHammontree Y Manner Y Harbin Y Heard
YHecht YHeckstall YHegstrom YHenson
Holland
Y Holmes Y Houston Y Howard N Hudgens
Hudson, H

Y Hudson, N YHugley NIrvin Y Jackson Y James
Jamieson YJenkins
Johnson N Johnston Y Jones N Joyce
NKaye Ladd
YLakly
YLane YLee Y Lewis
Lord Y Lucas Y Maddoi NMann Y Manning
Y Martin, J Y Martin, J.L
NMassey YMcBee Y McCall E McClinton
McKinney Y Mills Y Mobley YMosley YMueller YO-Neal YOrrock YParham

On the motion, the ayes were 129, nays 28. The motion prevailed.

The Speaker assumed the Chair.

The following Committee substitute was read:

YParrish Y Parsons Y Pelote Y Perry N Pinholster
YPoag YPolak
Y Ponder Porter
YPowell YPurceU Y Rasas YRandall
Ray Y Reaves YReichert NRice Y Richardson
Y Roberts Y Rogers Y Royal N Sanders Y Sauder YScarlett YScheid N Scott Y Shanahan YShaw YSherrffl 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
N Smith, V YSmyre YSnelling
Snow YStallings Y Stancil, F N Stancil, S Y Stanley, L
Y Stanley, P Y Stephens Y Taylor
Teague YTeper Y Thomas YTillman Y Titus YTolbert
ETrense YTurnquest YTwiggs
Walker, L
N Walker, R.L Y Watson YWest N Westmoreland YWhitaker N Wiles Y Williams, B N Williams, J Y Williams, R YWorthan
NYates Murphy, Spkr

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 provide for the entry into the compact

1918

JOURNAL OF THE HOUSE,

by the State of Georgia together with all other jurisdictions legally joining in the compact; to provide for the appointment, terms, duties, powers, per diem, expenses, and vacancies of members of the state's delegation to the Southern Dairy Compact Commission; to provide for funds; to provide for obtaining and use of information; to provide for rules and regulations; to provide for enforcement and penalties; to amend Article 2 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to reimbursement of expenses, so as to provide for expense allowance and travel cost reimbursement for members of the delegation from the State of Georgia to the Southern Dairy Compact Commission; 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 of said title a new Chapter 17 to read as follows:
"CHAPTER 17
2-17-1.
The Southern Dairy Compact is enacted into law and entered into by the State of Georgia with all other jurisdictions legally joining therein. The full text of said compact is as follows:
'SOUTHERN DAIRY COMPACT
ARTICLE I. STATEMENT OF PURPOSE, FINDINGS, AND DECLARATION OF POLICY
Section 1. Statement of purpose, findings, and declaration of policy. The purpose of this compact is to recognize the interstate character of the southern
dairy industry and the prerogative of the states under the United States Constitution to form an interstate commission for the southern region. The mission of the commission is to take such steps as are necessary to assure the continued viability of dairy farming in the south, and to assure consumers of an adequate, local supply of pure and wholesome milk.
The participating states find and declare that the dairy industry is an essential agricultural activity of the south. Dairy farms, and associated suppliers, marketers, processors, and retailers, are an integral component of the region's economy. Their ability to provide a stable, local supply of pure, wholesome milk is a matter of great importance to the health and welfare of the region.
The participating states further find that dairy farms are essential, and they are an integral part of the region's rural communities. The farms preserve land for agricultural purposes and provide needed economic stimuli for rural communities.
In establishing their constitutional regulatory authority over the region's fluid milk market by this compact, the participating states declare their purpose that this compact neither displace the federal order system nor encourage the merging of federal orders. Specific provisions of the compact itself set forth this basic principle.
Designed as a flexible mechanism able to adjust to changes in a regulated marketplace, the compact also contains a contingency provision should the federal order system be discontinued. In that event, the interstate commission is authorized to regulate the marketplace in replacement of the order system. This contingent authority does not anticipate such a change, however, and should not be so construed. It is only provided should developments in the market other than establishment of this compact result in discontinuance of the order system.
By entering into this compact, the participating states affirm that their ability to regulate the price which southern dairy farmers receive for their product is essential to the public interest. Assurance of a fair and equitable price for dairy farmers ensures their ability to provide milk to the market and the vitality of the southern dairy industry, with all the associated benefits.
Recent, dramatic price fluctuations, with a pronounced downward trend, threaten the viability and stability of the southern dairy region. Historically, individual state

FRIDAY, March 13, 1998

1919

regulatory action had been an effective emergency remedy available to farmers confronting a distressed market. The federal order system, implemented by the Agricultural Marketing Agreement Act of 1937, establishes only minimum prices paid to producers for raw milk, without preempting the power of states to regulate milk prices above the minimum levels so established.
In today's regional dairy marketplace, cooperative, rather than individual state action is needed to more effectively address the market disarray. Under our constitutional system, properly authorized states acting cooperatively may exercise more power to regulate interstate commerce than they may assert individually without such authority. For this reason, the participating states invoke their authority to act in common agreement, with the consent of Congress, under the compact clause of the Constitution.
ARTICLE II. DEFINITIONS AND RULES OF CONSTRUCTION Section 2. Definitions.
For the purposes of this compact, and of any supplemental or concurring legislation enacted pursuant thereto, except as may be otherwise required by the context:
(1) "Class I milk" means milk disposed of in fluid form or as a fluid milk product, subject to further definition in accordance with the principles expressed in subdivision (b) of Section 3.
(2) "Commission" means the Southern Dairy Compact Commission established by this compact.
(3) "Commission marketing order" means regulations adopted by the commission pursuant to Sections 9 and 10 of this compact in place of a terminated federal marketing order or state dairy regulation. Such order may apply throughout the region or in any part or parts thereof as defined in the regulations of the commission. Such order may establish minimum prices for any or all classes of milk.
(4) "Compact" means this interstate compact. (5) "Compact over-order price" means a minimum price required to be paid to producers for Class I milk established by the commission in regulations adopted pursuant to Sections 9 and 10 of this compact, which is above the price established in federal marketing orders or by state farm price regulation in the regulated area. Such price may apply throughout the region or in any part or parts thereof as defined in the regulations of the commission. (6) "Milk" means the lacteal secretion of cows and includes all skim, butterfat, or other constituents obtained from separation or any other process. The term is used in its broadest sense and may be further defined by the commission for regulatory purposes. (7) "Partially regulated plant" means a milk plant not located in a regulated area but having Class I distribution within such area. Commission regulations may exempt plants having such distribution or receipts in amounts less than the limits defined therein. (8) "Participating state" means a state which has become a party to this compact by the enactment of concurring legislation. (9) "Pool plant" means any milk plant located in a regulated area. (10) "Region" means the territorial limits of the states which are parties to this compact. (11) "Regulated area" means any area within the region governed by and defined in regulations establishing a compact over-order price or commission marketing order. (12) "State dairy regulation" means any state regulation of dairy prices, and associated assessments, whether by statute, marketing order, or otherwise. Section 3. Rules of construction. (a) This compact shall not be construed to displace existing federal milk marketing orders or state dairy regulation in the region but to supplement them. In the event some or all federal orders in the region are discontinued, the compact shall be construed to provide the commission the option to replace them with one or more commission marketing orders pursuant to this compact.

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JOURNAL OF THE HOUSE,

(b) This compact shall be construed liberally in order to achieve the purposes and intent enunciated in Section 1. It is the intent of this compact to establish a basic structure by which the commission may achieve those purposes through the application, adaptation, and development of the regulatory techniques historically associated with milk marketing and to afford the commission broad flexibility to devise regulatory mechanisms to achieve the purposes of this compact. In accordance with this intent, the technical terms which are associated with market order regulation and which have acquired commonly understood general meanings are not defined herein but the commission may further define the terms used in this compact and develop additional concepts and define additional terms as it may find appropriate to achieve its purposes.
ARTICLE III. COMMISSION ESTABLISHED Section 4. Commission established.
There is hereby created a commission to administer the compact, composed of delegations from each state in the region. The commission shall be known as the Southern Dairy Compact Commission. A delegation shall include not less than three nor more than five persons. Each delegation shall include at least one dairy farmer who is engaged in the production of milk at the time of appointment or reappointment, and one consumer representative. Delegation members shall be residents and voters of, and subject to such confirmation process as is provided for in, the appointing state. Delegation members shall serve no more than three consecutive terms with no single term of more than four years, and be subject to removal for cause. In all other respects, delegation members shall serve in accordance with the laws of the state represented. The compensation, if any, of the members of a state delegation shall be determined and paid by each state, but their expenses shall be paid by the commission. Section 5. Voting requirements.
All actions taken by the commission, except for the establishment or termination of an over-order price or commission marketing order, and the adoption, amendment, or rescission of the commission's by-laws, shall be by majority vote of the delegations present. Each state delegation shall be entitled to one vote in the conduct of the commission's affairs. Establishment or termination of an over-order price or commission marketing order shall require at least a two-thirds vote of the delegations present. The establishment of a regulated area which covers all or part of a participating state shall require also the affirmative vote of that state's delegation. A majority of the delegations from the participating states shall constitute a quorum for the conduct of the commission's business.
Section 6. Administration and management. (a) The commission shall elect annually from among the members of the participa-
ting state delegations a chairperson, a vice-chairperson, and a treasurer. The commission shall appoint an executive director and fix his or her duties and compensation. The executive director shall serve at the pleasure of the commission, and, together with the treasurer, shall be bonded in an amount determined by the commission. The commission may establish through its by-laws an executive committee composed of one member elected by each delegation.
(b) The commission shall adopt by-laws for the conduct of its business by a twothirds vote and shall have the power by the same vote to amend and rescind these by-laws. The commission shall publish its by-laws in convenient form with the appropriate agency or officer in each of the participating states. The by-laws shall provide for appropriate notice to the delegations of all commission meetings and hearings and of the business to be transacted at such meetings or hearings. Notice also shall be given to other agencies or officers of participating states as provided by the laws of those states.
(c) The commission shall file an annual report with the Secretary of Agriculture of the United States, and with each of the participating states by submitting copies to the governor, both houses of the legislature, and the head of the state department having responsibilities for agriculture.

FRIDAY, March 13, 1998

1921

(d) In addition to the powers and duties elsewhere prescribed in this compact, the commission shall have the power:
(1) To sue and be sued in any state or federal court; (2) To have a seal and alter the same at pleasure; (3) To acquire, hold, and dispose of real and personal property by gift, purchase, lease, license, or other similar manner, for its corporate purposes; (4) To borrow money and to issue notes, to provide for the rights of the holders thereof, and to pledge the revenue of the commission as security therefor, subject to the provisions of Section 18 of this compact; (5) To appoint such officers, agents, and employees as it may deem necessary, prescribe their powers, duties, and qualifications; and (6) To create and abolish such offices, employments, and positions as it deems necessary for the purposes of the compact and provide for the removal, term, tenure, compensation, fringe benefits, pension, and retirement rights of its officers and employees. The commission may also retain personal services on a contract basis. Section 7. Rulemaking power. In addition to the power to promulgate a compact over-order price or commission marketing orders as provided by this compact, the commission is further empowered to make and enforce such additional rules and regulations as it deems necessary to implement any provisions of this compact, or to effectuate in any other respect the purposes of this compact.
ARTICLE IV. POWERS OF THE COMMISSION Section 8. Powers to promote regulatory uniformity, simplicity, and interstate cooperation. The commission is hereby empowered to:
(1) Investigate or provide for investigations or research projects designed to review the existing laws and regulations of the participating states, to consider their administration and costs, to measure their impact on the production and marketing of milk and their effects on the shipment of milk and milk products within the region.
(2) Study and recommend to the participating states joint or cooperative programs for the administration of the dairy marketing laws and regulations and to prepare estimates of cost savings and benefits of such programs.
(3) Encourage the harmonious relationships between the various elements in the industry for the solution of their material problems. Conduct symposia or conferences designed to improve industry relations, or a better understanding of problems.
(4) Prepare and release periodic reports on activities and results of the commission's efforts to the participating states.
(5) Review the existing marketing system for milk and milk products and recommend changes in the existing structure for assembly and distribution of milk which may assist, improve, or promote more efficient assembly and distribution of milk.
(6) Investigate costs and charges for producing, hauling, handling, processing, distributing, selling, and for all other services performed with respect to milk.
(7) Examine current economic forces affecting producers, probable trends in production and consumption, the level of dairy farm prices in relation to costs, the financial conditions of dairy farmers, and the need for an emergency order to relieve critical conditions on dairy farms. Section 9. Equitable farm prices. (a) The powers granted in this section and Section 10 shall apply only to the establishment of a compact over-order price, so long as federal milk marketing orders remain in effect in the region. In the event that any or all such orders are terminated, this article shall authorize the commission to establish one or more commission marketing orders, as herein provided, in the region or parts thereof as defined in the order. (b) A compact over-order price established pursuant to this section shall apply only to Class I milk. Such compact over-order price shall not exceed one dollar and fifty cents per gallon at Atlanta, Ga., however, this compact over-order price shall be

1922

JOURNAL OF THE HOUSE,

adjusted upward or downward at other locations in the region to reflect differences in minimum federal order prices. Beginning in 1990, and using that year as a base, the foregoing one dollar and fifty cents per gallon maximum shall be adjusted annually by the rate of change in the Consumer Price Index as reported by the Bureau of Labor Statistics of the United States Department of Labor. For purposes of the pooling and equalization of an over-order price, the value of milk used in other use classifications shall be calculated at the appropriate class price established pursuant to the applicable federal order or state dairy regulation and the value of unregulated milk shall be calculated in relation to the nearest prevailing class price in accordance with and subject to such adjustments as the commission may prescribe in regulations.
(c) A commission marketing order shall apply to all classes and uses of milk. (d) The commission is hereby empowered to establish a compact over-order price for milk to be paid by pool plants and partially regulated plants. The commission is also empowered to establish a compact over-order price to be paid by all other handlers receiving milk from producers located in a regulated area. This price shall be established either as a compact over-order price or by one or more commission marketing orders. Whenever such a price has been established by either type of regulation, the legal obligation to pay such price shall be determined solely by the terms and purpose of the regulation without regard to the situs of the transfer of title, possession, or any other factors not related to the purposes of the regulation and this compact. Producer-handlers as defined in an applicable federal market order shall not be subject to a compact over-order price. The commission shall provide for similar treatment of producer-handlers under commission marketing orders. (e) In determining the price, the commission shall consider the balance between production and consumption of milk and milk products in the regulated area, the costs of production including, but not limited to, the price of feed, the cost of labor including the reasonable value of the producer's own labor and management, machinery expense, and interest expense, the prevailing price for milk outside the regulated area, the purchasing power of the public, and the price necessary to yield a reasonable return to the producer and distributor. (f) When establishing a compact over-order price, the commission shall take such other action as is necessary and feasible to help ensure that the over-order price does not cause or compensate producers so as to generate local production of milk in excess of those quantities necessary to assure consumers of an adequate supply for fluid pur-
(g) The commission shall whenever possible enter into agreements with state or federal agencies for exchange of information or services for the purpose of reducing regulatory burden and cost of administering the compact. The commission may reimburse other agencies for the reasonable cost of providing these services. Section 10. Optional provisions for pricing order.
Regulations establishing a compact over-order price or a commission marketing order may contain, but shall not be limited to, any of the following:
(1) Provisions classifying milk in accordance with the form in which or purpose for which it is used, or creating a flat pricing program.
(2) With respect to a commission marketing order only, provisions establishing or providing a method for establishing separate minimum prices for each use classification prescribed by the commission, or a single minimum price for milk purchased from producers or associations of producers.
(3) With respect to an over-order minimum price, provisions establishing or providing a method for establishing such minimum price for Class I milk.
(4) Provisions for establishing either an over-order price or a commission marketing order may make use of any reasonable method for establishing such price or prices including flat pricing and formula pricing. Provision may also be made for location adjustments, zone differentials and for competitive credits with respect to regulated handlers who market outside the regulated area.
(5) Provisions for the payment to all producers and associations of producers delivering milk to all handlers of uniform prices for all milk so delivered, irrespective of the uses made of such milk by the individual handler to whom it is delivered,

FRIDAY, March 13, 1998

1923

or for the payment of producers delivering milk to the same handler of uniform prices for all milk delivered by them.
(A) With respect to regulations establishing a compact over-order price, the commission may establish one equalization pool within the regulated area for the sole purpose of equalizing returns to producers throughout the regulated area.
(B) With respect to any commission marketing order, as defined in Section 2, subdivision (9), which replaces one or more terminated federal orders or state dairy regulations, the marketing area of now separate state or federal orders shall not be merged without the affirmative consent of each state, voting through its delegation, which is partly or wholly included within any such new marketing area. (6) Provisions requiring persons who bring Class I milk into the regulated area to make compensatory payments with respect to all such milk to the extent necessary to equalize the cost of milk purchased by handlers subject to a compact overorder price or commission marketing order. No such provisions shall discriminate against milk producers outside the regulated area. The provisions for compensatory payments may require payment of the difference between the Class I price required to be paid for such milk in the state of production by a federal milk marketing order or state dairy regulation and the Class I price established by the compact over-order price or commission marketing order. (7) Provisions specially governing the pricing and pooling of milk handled by partially regulated plants. (8) Provisions requiring that the account of any person regulated under the compact over-order price shall be adjusted for any payments made to or received by such persons with respect to a producer settlement fund of any federal or state milk marketing order or other state dairy regulation within the regulated area. (9) Provision requiring the payment by handlers of an assessment to cover the costs of the administration and enforcement of such order pursuant to Article VII, Section 18(a). (10) Provisions for reimbursement to participants of the Women, Infants and Children Special Supplemental Food Program of the United States Child Nutrition Act of 1966. (11) Other provisions and requirements as the commission may find are necessary or appropriate to effectuate the purposes of this compact and to provide for the payment of fair and equitable minimum prices to producers.
ARTICLE V. RULEMAKING PROCEDURE.
Section 11. Rulemaking procedure. Before promulgation of any regulations establishing a compact over-order price or
commission marketing order, including any provision with respect to milk supply under subsection 9(f), or amendment thereof, as provided in Article IV, the commission shall conduct an informal rulemaking proceeding to provide interested persons with an opportunity to present data and views. Such rulemaking proceeding shall be governed by Section 4 of the Federal Administrative Procedure Act, as amended (5 U.S.C. Sec. 553). In addition, the commission shall, to the extent practicable, publish notice of rulemaking proceedings in the official register of each participating state. Before the initial adoption of regulations establishing a compact over-order price or a commission marketing order and thereafter before any amendment with regard to prices or assessments, the commission shall hold a public hearing. The commission may commence a rulemaking proceeding on its own initiative or may in its sole discretion act upon the petition of any person including individual milk producers, any organization of milk producers or handlers, general farm organizations, consumer or public interest groups, and local, state or federal officials.
Section 12. Findings and referendum. (a) In addition to the concise general statement of basis and purpose required by
section 4(b) of the Federal Administrative Procedure Act, as amended (5 U.S.C. Sec. 553 (c)), the commission shall make findings of fact with respect to:

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(1) Whether the public interest will be served by the establishment of minimum milk prices to dairy farmers under Article IV.
(2) What level of prices will assure that producers receive a price sufficient to cover their costs of production and will elicit an adequate supply of milk for the inhabitants of the regulated area and for manufacturing purposes.
(3) Whether the major provisions of the order, other than those fixing minimum milk prices, are in the public interest and are reasonably designed to achieve the purposes of the order.
(4) Whether the terms of the proposed regional order or amendment are approved by producers as provided in Section 13. Section 13. Producer referendum. (a) For the purpose of ascertaining whether the issuance or amendment of regulations establishing a compact over-order price or a commission marketing order, including any provision with respect to milk supply under subsection 9(f), is approved by producers, the commission shall conduct a referendum among producers. The referendum shall be held in a timely manner, as determined by regulation of the commission. The terms and conditions of the proposed order or amendment shall be described by the commission in the ballot used in the conduct of the referendum, but the nature, content, or extent of such description shall not be a basis for attacking the legality of the order or any action relating thereto. (b) An order or amendment shall be deemed approved by producers if the commission determines that it is approved by at least two-thirds of the voting producers who, during a representative period determined by the commission, have been engaged in the production of milk the price of which would be regulated under the proposed order or amendment. (c) For purposes of any referendum, the commission shall consider the approval or disapproval by any cooperative association of producers, qualified under the provisions of the Act of Congress of February 18, 1922, as amended, known as the CapperVolstead Act, bona fide engaged in marketing milk, or in rendering services for or advancing the interests of producers of such commodity, as the approval or disapproval of the producers who are members or stockholders in, or under contract with, such cooperative association of producers, except as provided in subdivision (1) hereof and subject to the provisions of subdivision (2) through (5) hereof.
(1) No cooperative which has been formed to act as a common marketing agency for both cooperatives and individual producers shall be qualified to block vote for either.
(2) Any cooperative which is qualified to block vote shall, before submitting its approval or disapproval in any referendum, give prior written notice to each of its members as to whether and how it intends to cast its vote. The notice shall be given in a timely manner as established, and in the form prescribed, by the commission.
(3) Any producer may obtain a ballot from the commission in order to register approval or disapproval of the proposed order.
(4) A producer who is a member of a cooperative which has provided notice of its intent to approve or not to approve a proposed order, and who obtains a ballot and with such ballot expresses his or her approval or disapproval of the proposed order, shall notify the commission as to the name of the cooperative of which he or she is a member, and the commission shall remove such producer's name from the list certified by such cooperative with its corporate vote.
(5) In order to insure that all milk producers are informed regarding the proposed order, the commission shall notify all milk producers that an order is being considered and that each producer may register his approval or disapproval with the commission either directly or through his or her cooperative.
Section 14. Termination of over-order price or marketing order.
(a) The commission shall terminate any regulations establishing an over-order price or commission marketing order issued under this article whenever it finds that such order or price obstructs or does not tend to effectuate the declared policy of this com-
pact.

FRIDAY, March 13, 1998

1925

(b) The commission shall terminate any regulations establishing an over-order price or a commission marketing order issued under this article whenever it finds that such termination is favored by a majority of the producers who, during a representative period determined by the commission, have been engaged in the production of milk the price of which is regulated by such order; but such termination shall be effective only if announced on or before such date as may be specified in such marketing agreement or order.
(c) The termination or suspension of any order or provision thereof shall not be considered an order within the meaning of this article and shall require no hearing, but shall comply with the requirements for informal rulemaking prescribed by Section 4 of the Federal Administrative Procedure Act, as amended (5 U.S.C. Sec. 553).
ARTICLE VI. ENFORCEMENT Section 15. Records, reports, access to premises.
(a) The commission may by rule and regulation prescribe record keeping and reporting requirements for all regulated persons. For purposes of the administration and enforcement of this compact, the commission is authorized to examine the books and records of any regulated person relating to his or her milk business and for that purpose, the commission's properly designated officers, employees, or agents shall have full access during normal business hours to the premises and records of all regulated persons.
(b) Information furnished to or acquired by the commission officers, employees, or its agents pursuant to this section shall be confidential and not subject to disclosure except to the extent that the commission deems disclosure to be necessary in any administrative or judicial proceeding involving the administration or enforcement of this compact, an over-order price, a compact marketing order, or other regulations of the commission. The commission may promulgate regulations further defining the confidentiality of information pursuant to this section. Nothing in this section shall be deemed to prohibit (i) the issuance of general statements based upon the reports of a number of handlers, which do not identify the information furnished by any person, or (ii) the publication by direction of the commission of the name of any person violating any regulation of the commission, together with a statement of the particular provisions violated by such person.
(c) No officer, employee, or agent of the commission shall intentionally disclose information, by inference or otherwise, which is made confidential pursuant to this section. Any person violating the provisions of this section shall, upon conviction, be subject to a fine of not more than one thousand dollars or to imprisonment for not more than one year, or both, and shall be removed from office. The commission shall refer any allegation of a violation of this section to the appropriate state enforcement authority or United States Attorney. Section 16. Subpoena, hearings and judicial review.
(a) The commission is hereby authorized and empowered by its members and its properly designated officers to administer oaths and issue subpoenas throughout all signatory states to compel the attendance of witnesses and the giving of testimony and the production of other evidence.
(b) Any handler subject to an order may file a written petition with the commission stating that any order or any provision of any such order or any obligation imposed in connection therewith is not in accordance with law and praying for a modification thereof or to be exempted therefrom. He shall thereupon be given an opportunity for a hearing upon such petition, in accordance with regulations made by the commission. After such hearing, the commission shall make a ruling upon the prayer of such petition which shall be final, if in accordance with law.
(c) The district courts of the United States in any district in which such handler is an inhabitant, or has his principal place of business, are hereby vested with jurisdiction to review such ruling, provided a complaint for that purpose is filed within thirty days from the date of the entry of such ruling. Service of process in such proceedings may be had upon the commission by delivering to it a copy of the complaint. If the court determines that such ruling is not in accordance with law, it shall remand such

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proceedings to the commission with directions either (1) to make such ruling as the court shall determine to be in accordance with law, or (2) to take such further proceedings as, in its opinion, the law requires. The pendency of proceedings instituted pursuant to this subdivision shall not impede, hinder, or delay the commission from obtaining relief pursuant to Section 17. Any proceedings brought pursuant to Section 17, except where brought by way of counterclaim in proceedings instituted pursuant to this section, shall abate whenever a final decree has been rendered in proceedings between the same parties, and covering the same subject matter, instituted pursuant to this section. Section 17. Enforcement with respect to handlers.
(a) Any violation by a handler of the provisions of regulations establishing an overorder price or a commission marketing order, or other regulations adopted pursuant to this compact shall:
(1) Constitute a violation of the laws of each of the signatory states. Such violation shall render the violator subject to a civil penalty in an amount as may be prescribed by the laws of each of the participating states, recoverable in any state or federal court of competent jurisdiction. Each day such violation continues shall constitute a separate violation.
(2) Constitute grounds for the revocation of license or permit to engage in the milk business under the applicable laws of the participating states. (b) With respect to handlers, the commission shall enforce the provisions of this compact, regulations establishing an over-order price, a commission marketing order or other regulations adopted hereunder by:
(1) Commencing an action for legal or equitable relief brought in the name of the commission in any state or federal court of competent jurisdiction; or
(2) Referral to the state agency for enforcement by judicial or administrative remedy with the agreement of the appropriate state agency of a participating state. (c) With respect to handlers, the commission may bring an action for injunction to enforce the provisions of this compact or the order or regulations adopted thereunder without being compelled to allege or prove that an adequate remedy of law does not exist.
ARTICLE VII. FINANCE
Section 18. Finance of start-up and regular costs.
(a) To provide for its start-up costs, the commission may borrow money pursuant to its general power under Section 6, subdivision (d), paragraph 4. In order to finance the costs of administration and enforcement of this compact, including payback of start-up costs, the commission is hereby empowered to collect an assessment from each handler who purchases milk from producers within the region. If imposed, this assessment shall be collected on a monthly basis for up to one year from the date the commission convenes, in an amount not to exceed $.015 per hundredweight of milk purchased from producers during the period of the assessment. The initial assessment may apply to the projected purchases of handlers for the two-month period following the date the commission convenes. In addition, if regulations establishing an overorder price or a compact marketing order are adopted, they may include an assessment for the specific purpose of their administration. These regulations shall provide for establishment of a reserve for the commission's ongoing operating expenses.
(b) The commission shall not pledge the credit of any participating state or of the United States. Notes issued by the commission and all other financial obligations incurred by it shall be its sole responsibility and no participating state or the United States shall be liable therefor.
Section 19. Audit and accounts.
(a) The commission shall keep accurate accounts of all receipts and disbursements, which shall be subject to the audit and accounting procedures established under its rules. In addition, all receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant and the report of the audit shall be included in and become part of the annual report of the commission.

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(b) The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the participating states and by any persons authorized by the commission.
(c) Nothing contained in this article shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any participating state or of the United States.
ARTICLE VIII. ENTRY INTO FORCE; ADDITIONAL MEMBERS AND WITHDRAWAL
Section 20. Entry into force; additional members. The compact shall enter into force effective when enacted into law by any three
states of the group of states composed of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia and when the consent of Congress has been obtained. Section 21. Withdrawal from compact.
Any participating state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after notice in writing of the withdrawal is given to the commission and the governors of all other participating states. No withdrawal shall affect any liability already incurred by or chargeable to a participating state prior to the time of such withdrawal. Section 22. Severability.
If any part or provision of this compact is adjudged invalid by any court, such judgment shall be confined in its operation to the part or provision directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this compact. In the event Congress consents to this compact subject to conditions, said conditions shall not impair the validity of this compact when said conditions are accepted by three or more compacting states. A compacting state may accept the conditions of Congress by implementation of this compact.'
2-17-2.
(a) The delegation from the State of Georgia to the Southern Dairy Compact Commission, as established in Article IV of the compact, shall be composed of five members appointed as follows:
(1) One member representing consumers of milk shall be appointed by the Governor; (2) One member shall be appointed by the Speaker of the House of Representatives; (3) One member representing the school food service profession shall be appointed by the President of the Senate; and (4) Two members shall be appointed by the Commissioner of Agriculture, one of whom shall be a dairy farmer engaged in the production of milk and one of whom shall be a milk handler actively engaged in the processing of fluid milk at the time of appointment or reappointment. (b) Members must be registered to vote in the state. (c) Members shall serve a term of four years and may be reappointed, but no member shall serve more than three consecutive terms. Members shall serve until their successors are duly appointed. Any appointment to fill an unexpired term shall be for the balance of the unexpired term and shall be made by the appropriate appointing authority. The Commissioner of Agriculture shall designate one member of the delegation to serve as chairperson, at the pleasure of the Commissioner. (d) A majority of the delegation shall constitute a quorum for the transaction of business. (e) All clerical and other services required by the delegation shall be provided by the Commissioner of Agriculture. (f) The delegation is assigned to the Department of Agriculture for administrative purposes only. (g) The funds necessary to carry out this chapter and the Southern Dairy Compact shall be paid from funds appropriated to or otherwise made available to the Department of Agriculture for such purpose.

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2-17-3.
The Commissioner of Agriculture may, by lawful means, obtain information pertaining to the dairy industry which the Commissioner deems necessary to carry out the purposes of this chapter and the Southern Dairy Compact. Such information may be utilized by the Commissioner, the delegates, and the Southern Dairy Compact Commission.
2-17-4.
The Commissioner of Agriculture may adopt such rules and regulations, in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' as are necessary to carry out the purposes of this chapter and the Southern Dairy Compact.
2-17-5.
(a) No person shall violate this chapter, the Southern Dairy Compact, or any rules or regulations adopted pursuant to either this chapter or the compact. (b) For purposes of the enforcement of this chapter, the Southern Dairy Compact, or any rules or regulations adopted pursuant to either this chapter or the compact, the provisions of Code Section 2-2-10, Code Section 2-2-11, and Chapter 5 of this title shall be applicable to any violation. (c) Each day on which a violation occurs shall be a separate violation."
SECTION 2. Article 2 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to reimbursement of expenses, is amended by striking Code Section 45-7-21, relating to expense allowances and travel cost reimbursement for members of certain boards and commissions, and inserting in lieu thereof the following:
"45-7-21.
Each member of the boards and commissions enumerated in this Code section shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of a board or commission is in attendance at a meeting of such board or commission, plus reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile in connection with such attendance. The expense allowance and reimbursement provided for in this Code section shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. The existing law relative to any limitation on the number of meeting days and remuneration for service on committees or subcommittees of any such board or commission shall remain in effect. The boards and commissions to which this Code section shall be applicable are as follows:
(1) State Board of Education; (2) State Medical Education Board; (3) Board of Regents of the University System of Georgia; (4) Board of Corrections; (5) Board of Industry, Trade, and Tourism; (6) Board of Natural Resources; (7) State Transportation Board; (8) Dental Education Board; (9) Georgia Student Finance Commission; (10) Veterans Service Board; (11) Georgia Agricultural Exposition Authority; (12) Joint Board of Family Practice; (13) Georgia Music Hall of Fame Authority; (14) Georgia Sports Hall of Fame Authority; and (15) Georgia Rail Passenger Authority?; and (16) The delegation from the State of Georgia to the Southern Dairy Compact Com-

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

FRIDAY, March 13, 1998

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The following amendment was read:

Representative Stancil of the 16th moves to amend the Committee substitute to SB 420 as follows:
P. 23 line 6 add new Section 3 that reads:
This Act shall expire July 1 2002, unless extended by Act of General Assembly.
Renumber Section "3" as Section 4.

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

N Alien Andenon
NAshe N Bailey Y Bannister NBarfoot Y Barnard N Bonus N Bates NBenefield NBirdsong YBohannon Y Bordeaux Y Bradford YBnedlove Y Bridges N Brooks Y Brown YBuck NBuckner
YBunn YBurkhalter
NByrd Y Campbell
N Canty YCash NChannell NChilders Y Clark YCoan NColeman, B N Coleman, T NConnell
Cooper N Crawford Y Crews

Y Culbreth Y Cumniinffs
N Davis, G Y Davis, M YDay
DeLoach, B N DeLoach, G YDix NDizon
NDobbs N Dukes YEhrhart NEpps Y Evans
NEverett Felton
NFloyd Y Franklin N Golden N Graves NGreene Y Grindley Y Hammontree N Manner N Harbin N Heard YHecht NHeckstall NHegstrom NHenson
N Holland Y Holmes N Houston N Howard YHudgens N Hudson, H

N Hudson, N M Hugley Ylrvin Y Jackson N James
Jamieson NJenkins
Johnson Y Jobnston NJones Y Joyce YKaye YLadd NLakly NLane YLee Y Lewis
Lord N Lucas YMaddox YMann N Manning
N Martin, J N Martin, J.L YMassey NMcBee NMcCall E McClinton NMcKinney YMilb
Mobley NMosley Y Mueller NO'Neal NOrrock
NParbam

NParrish Y Parsons NPelote
N Perry Y Pinbolster NPoag NPolak N Ponder N Porter N Powell NPurcell NRagas NRandall
NRay N Reaves
N Reichert YRice Y Richardson N Roberts Y Rogers N Royal
Y Sanders Y Sauder N Scarlett YScbeid N Scott N Shanahan NShaw YSherrill 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 103. The amendment was lost.

Y Smith, L.R N Smith, P
N Smith, T Y Smith, V YSmyre YSnelling NSnow N Stalling*
N Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephens Y Taylor NTeague NTeper
N Thomas NTillman N Titus Y Tolbert ETrense N Turnquest NTwiggs N Walker, L Y Walker, R.L N Watson NWest Y Westmoreland N Whitaker Y Wiles N Williams, B Y Williams, J N 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 substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Y Andenon
YAshe Y Bailey

N Bannister YBarfoot Y Barnard YBarnes

Y Bates Y Benefield
YBirdsong
N Bohannon

Y Bordeaux N Bradford N Breedlove Y Bridges

Y Brooks N Brown
NBuck Y Buckner

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JOURNAL OF THE HOUSE,

YBunn N Burkhalter YBjrid N Campbell Y Canty YCash YChanneU YChilders Y Clark NCoan Y Coleman, B Y Coleman, T YConnell
Cooper Y Crawford Y Crews N Culbreth
Y Cununings Y Davis, G N Davia, M
NDay DeLoach, B
Y DeLoach, G YDut YDiion YDobbs Y Dukes NEhrhart YEpps N Evans Y Everett Y Felton

YFloyd N Franklin Y Golden Y Graves Y Greene N Grindley Y Hammontree YHanner Y Harbin Y Heard NHecht 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
YJamieson Y Jenkins
Johnson Y Johnston Y Jones Y Joyce NKaye

NLadd YLakly YLane NLee N Lewis YLord Y Lucas N Maddox NMann Y Manning Y Martin, J Y Martin, J.L NMassey YMcBee YMcCall E McClinton Y McKinney Y Mills
Y Mobley YMosley Y Mueller YO'Neal NOrrock
YParham YParrish Y Parsons Y Pelote Y Perry N Pinholster
YPoag NPolak Y Ponder

Y Porter Y Powell YPurcell
NRagas YRandaU
YRay Y Reaves Y Reichert NRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett N Scheid Y Scott Y Shanahan YShaw YSherriU YShipp YSims N Sinkfield Y Skipper N Smith, C N Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T N Smith, V

NSmyre N Snelling YSnow YStallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor NTeague NTeper Y Thomas Y Tillman Y Titus Y Tolbert ETrense Y Turnquest
YTwiggs Y Walker, L
Y Walker, R.L Y Watson
YWest N Westmorland Y Whitaker
NWUes Y Williams, B N Williams, J Y Williams, R Y Worthan YYates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 130, nays 44.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Cooper of the 31st stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

SB 529. By Senator Langford of the 29th:
A bill to amend Code Section 48-5-306 of the Official Code of Georgia Annotated, 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.

The following amendment was read:

Representatives Culbreth of the 132nd and Day of the 153rd move to amend SB 529 by striking line 1 of page 1 through line 36 of page 2 and inserting in their place the following:
"To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to authorize additional appeals of certain erroneous assessments; to provide for alternate methods of providing notice of assessments; to provide for additional information and disclosures which must be provided to the taxpayer; 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 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by adding a new Code section immediately following Code Section 48-5-6, to be designated as Code Section 48-5-6.1, to read as follows:

FRIDAY, March 13, 1998

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'48-5-6.1.
In the event property whose value was established by an appeal and which has not otherwise had or been altered by any additions, deletions, or improvements since January 1 of that taxable year is sold during the same calendar year at fair market value, as fair market value is defined in Code Section 48-5-2, and the sales price is lower than the value established as a result of the appeal, such sale price shall be prima facie proof that an erroneous assessment was made for that taxable year and such taxpayer may request a refund for that taxable year pursuant to Code Section 48-5-380 based upon the difference between the assessment established on appeal and the correct assessment established by such fair market value sale.'
SECTION 2.
Said chapter is further amended by striking subsections (a) and (b) of Code Section 48-5-306, relating to notice of changes made to a taxpayer's ad valorem tax return, and inserting in their place new subsections (a) and (b) to read as follows:
'(a)Method of giving notice to taxpayer of changes made in his or her return. Each county board of tax assessors may meet at any time to receive and inspect the tax returns to be laid before it by the tax receiver or tax commissioner. The board shall examine all the returns of both real and personal property of each taxpayer and if in the opinion of the board any taxpayer has omitted from his or her returns any property that should be returned or has failed to return any of his or her property at its fair market value, the board shall correct the returns, assess and fix the fair market value to be placed on the property, make a note of such assessment and valuation, and attach the note to the returns. The board shall see that all taxable property within the county is assessed and returned at its fair market value and that fair market values as between the individual taxpayers are fairly and justly equalized so that each taxpayer shall pay as nearly as possible only his or her proportionate share of taxes. When any such corrections, changes, or equalizations have been made by the board, the board shall, within five days, give written notice to the taxpayer of any changes made in his or her returns. The notice may be given personally by leaving the notice at the taxpayer's dwelling house, usual place of abode, or place of business with some person of suitable age and discretion residing or employed in the house, abode, or business, or by sending the notice through the United States mail as first class registered mail to the taxpayer's last known address. A county may use first-class mail in lieu of registered mail if it publishes in the legal organ of the county an advertisement containing a notice that assessments will be mailed to property owners and that taxpayers who have not received an assessment should contact the county board of tax assessors. When notice is given by mail, the county board of tax assessors' return address shall appear in the upper left corner of the mailing face with the direction that if not delivered "Return in five days to" the above return address, and the lower left corner of the mailing face shall be clearly marked in bold type "OFFICIAL TAX MATTER."
(b)Contents of notice.
(1) The notice required to be given by the county board of tax assessors under subsection (a) of this Code section shall be dated and shall contain the name and last known address of the taxpayer. If the assessment of the value of the taxpayer's property is changed, the notice shall contain: the
(A) The amount of the previous assessment^ the
(B) The amount of the current assessment^ and the
(C) The year for which the new assessment is applicable^ fe aH cases, the notice shftH contain a
(D) A brief description of the assessed property broken down into real and personal property classifications]; the

1932

JOURNAL OF THE HOUSE,

(E) The fair market value of property of the taxpayer subject to taxation; and the assessed value of the taxpayer's property subject to taxation after being reduced;
(F) An estimate, using the previous year's millage rates, of the total increase or decrease in taxes on the property that may result from the changes made to the assessment;
(G) A brochure or other publication describing the exemptions and preferential assessments available to the taxpayer along with the conditions of eligibility and deadlines for applying for each; and
(H) A statement indicating that the data and figures used in developing the valuations shown on the notice are available upon request at no cost for inspection by the legal owner of the property in question in the office of the county board of tax assessors issuing the notice.
(2) In addition to the foregoing items required under paragraph (1) of this subsection, the notice shall contain a statement of the taxpayer's right to an appeal, which statement shall be in substantially the following form:
"The amount of your ad valorem tax bill for this year will be based on the appraised and assessed values specified in this notice. You have the right to appeal these values to the county board of tax assessors either followed by an appeal to the county board of equalization or to arbitration and in either case, to appeal to the superior court.
If you wish to file an appeal, you must do so in writing no later than 30 days after the date of this notice. If you do not file an appeal by this date, your right to file an appeal will be lost. For further information on the proper method for filing an appeal, you may contact the county board of tax assessors which is located at: (insert address) and which may be contacted by telephone at: (insert telephone number).'"
SECTION 3.
This Act shall become effective on January 1, 1999, and shall apply to all taxable years beginning on or after that date.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed."

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

Allen Andenon
YAshe N Bailey Y Bannister YBarfoot Y Barnard
Barnes Bates
N Benefield NBirdsong Y Bohannon Y Bordeaux Y Bradford Y Braedlove Y Bridges N Brooks
Y Brown YBuck N Buckner

Y Burin
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 Cummings N DaTM, G
Davis, M

YDay E DeLoach, B Y DeLoach, G
YDix YDizon YDobbs
Dukes YEhrhart YEpps Y Evans YEverett
Y Felton Floyd
Y Franklin Y Golden Y Graves
Greene Y Grindley
Hammontree Y Manner

Y Harbin Y Heard
Hecht YHeckstaU YHegstrom YHenson
Y Holland N Holmes Y Houston
Howard YHudgens
Hudson, H N Hudson, N
Y Hugley Ylrvin
Y Jackson Y James
Jamieson YJenkins
Johnson

Y Johnston N Jones
Y Joyce YKaye YLadd YLakly YLane NLee Y Lewis
YLord Lucas
Y Maddoi YMann Y Manning
Martin, J Y Martin, J.L
EMassey YMcBee
McCall E McClinton

Y McKinney Y Mills
YMobley YMosley YMueller YO-Neal YOrrock YParham YParrish Y Parsons
Pelote Perry Y PinhoUter YPoag NPolak Y Pander

FRIDAY, March 13, 1998

Y Porter Powell
NPurceU Ragas
NRandall
NRay Y Reaves
Reichert YRice
Richardson Y Roberts
Rogers N Royal
Y Sanders Y Sauder
YScarlett

Y Scheid Y Scott Y Shanahan
Shaw Y 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

YSmyre YSneUing YSnow YStaUings N Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague Teper Thomas YTillman Y Titus Tolbert

On the adoption of the amendment, the ayes were 124, nays 19. The amendment was adopted.

1933
ETrenae Turnquest
YTwiggs N Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland YWhitaker Y Wiles
Williams, B Y Williams, J Y Williams, R YWorthan Y Yates
Murphy, Spkr

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

Y Alien YAnderson YAshe N Bailey Y Bannister YBarfoot Y Barnard
Barnes Y Bates N Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn YBurkhalter Y Byrd Y Campbell Y Canty YCash YChanneU Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T YConnell
Cooper Y Crawford Y Crews

Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay E DeLoach, B Y DeLoach, G YDix YDixon YDobbs Y Dukes YEhrhart YEpps Y Evans YEverett Y Felton
Floyd Y Franklin Y Golden Y Graves
Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstaU YHegstrom YHenson Y Holland Y Holmes Y Houston
Howard Y Hudgens
Hudson, H

Y Hudson, N YHugley Ylrvin Y Jackson Y James
Jamieson Y Jenkins
Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane NLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning
Martin, J Y Martin, J.L EMassey YMcBee
McCall E McClinton Y McKinney Y Mills Y Mobley YMosley Y Mueller YO-Neal YOrrock YParham

YParrish Y Parsons
Pelote Perry Y PinhoUter YPoag YPolak Y Ponder Y Porter Powell YPurcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Shaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith,? Y Smith, T Y Smith, V YSmyre YSneUing YSnow YStaUings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper
Thomas Tillman Y Titus Y Tolbert ETrense Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Weatmoreland YWhitaker Y Wiles Williams, B Y Williams, J Y Williams, R YWorthan Y Yates Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 153, nays 3.
The Bill, having received the requisite constitutional majority, was passed, amended.

1934

JOURNAL OF THE HOUSE,

SB 574. By Senators Hill of the 4th, Gillis of the 20th, Madden of the 47th and others:
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.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend SB 574 by adding after the word "recycled" on line 10 of page 3 the following:
"content".

The following amendment was read:

Representative Franklin of the 39th moves to amend SB 574 as follows: Page 3, line 15 delete:
"8 percent of.

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

N Alien
Andenon NAihe N Bailey N Bannister
Barfoot N Barnard NBarnes
Y Bates NBenefield
NBirdsong YBohannon N Bordeaux Y Bradford NBreedlove Y Bridges N Brooks Y Brown NBuck
Buckner Y Bunn Y Burkhalter NByid Y Campbell N Canty YCash M Channell N Childen N Clark
YCoan N Coleman, B NColeman, T NConnell
Cooper
N Crawford Y Crews

N Culbreth N Cununings
N Davis, G Y Davis, M YDay EDeLoach, B YDeLoach, G YDix NDizon NDobbs
Dukes YEhrhart NEpps Y Evans YEverett
Felton Floyd Y Franklin Y Golden N Graves Greene Y Grindley Y Hammontree Banner Y Harbin
N Heard NHecht NHeckstall NHegstrom N Henson N Holland N Holmes
N Houston Howard
YHudgens Hudson, H

N Hudson, N N Hugley Ylrvin Y Jackson N James
Jamieson N Jenkins
Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly NLane NLee Y Lewis
Lord N Lucas Y Maddox YMann N Manning N Martin, J N Martin, J.L YMassey NMcBee
McCall E McClinton NMcKinney Y Mills N Mobley NMosley Y Mueller NO'Neal NOrrock NParham

NPamsh N Parsons
Pelote Perry N Pinholster NPoag NPolak Y Ponder N Porter PoweU NPurceU NRagas NRandaU NRay N Reaves N Reichert YRice Y Richardson N Roberts N Rogers Royal Y Sanders Y Sauder N Scarlett YScheid Y Scott N Shanahan Shaw 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 54, nays 97. The amendment was lost.

N Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre YSnelling NSnow NStallings N Stancil, F N Stancil, S N Stanley, L N Stanley, P N Stephens N Taylor
Teague NTeper
Thomas Tillman Y Titus N Tolbert ETrense Turnquest NTwiggs N Walker, L Y Walker, RL N Watson NWest Y Westmoreland NWhitaker Y Wiles Williams, B N Williams, J N Williams, R NWorthan Y Yates Murphy, Spkr

FRIDAY, March 13, 1998

1935

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

Y Alien Y Andersen
YAshe Y Bailey
Y Bannister YBarfoot Y Barnard YBaraes YBatw Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown
YBuck YBuckner
YBunn YBurkhalter
YByrd Y Campbell
Y Canty YCaah Y Channel!
YChilden Y Clark YCoan YColeman, B YColeman, T YConnell Y Cooper
Y Crawford Y Crews

YCulbreth Y Cumnuiiffs Y DaviB, G YDavis, M YDay EDeLoach, B YDeLoach, G
YDix YDixon
YDobbs Dukes
YEhrhart YEpps Y Evans YEverett YFelton
Floyd Y Franklin Y Golden Y Graves
Greene YGrindley Y Hamrnontfee
Manner Y Harbin Y Heard YHecht YHeckstall YHegstrom YHenson
Y Holland Y Holmes Y Houston
Howard YHudgens
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 Y Lucas YMaddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee
McCall E McClinton YMcKinney Y Mills Y Mobley YMosley YMueller YO'Neal YOrrock YParham

YParrish Y Parsons
Pelote
Perry Y Pinholster YPoag YPolak Y Ponder Y Porter
Powell YPurcell YRagas YRandall
YRay Y Reaves YReichert YRice Y Richardson Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder
YScarlett YScheid 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 YStantiLF Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper
Thomas Y Tillman Y Titus YTolbert ETrenae
Tumquest 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, as amended, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 600. By Senators Crotts of the 17th, Lamutt of the 21st, Guhl of the 45th and others:
A bill to amend Code Section 36-66-4 of the Official Code of Georgia Annotated, relating to hearings on proposed zoning decisions, so as to provide for zoning ordinances which automatically zone certain property which is annexed or deannexed subject to certain conditions; to provide for limitations.

The following amendment was read and ruled not germane:

Representative Felton of the 43rd moves to amend SB 600 by striking line 1 through 3 of page 1 and inserting in their place the following:
"To amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, 'The Zoning Procedures Law,' so as to provide for zoning ordinances which".
By adding after the first semicolon on line 6 of page 1 the following:

1936

JOURNAL OF THE HOUSE,

"so as to provide for legislative findings and authority regarding certain deannexed property; to provide for the creation of municipal charter commissions; to provide for definitions; to provide for petitions and the validation and invalidation thereof; to provide for the composition of the commissions and their organization, meetings, compensation, expenses, allowances, staffing, funding, duties, and powers; to provide for reports, incorporations of municipalities, and special elections relating thereto; to provide for amendments of charters and applicability of laws relating thereto; to provide for exemptions from certain local laws; to retain existing incorporation methods;".
By striking lines 10 through 13 of page 1 and inserting in their place the following:
"Chapter 66 of Title 36 of the Official Code of Georgia Annotated, 'The Zoning Procedures Law,' is amended by adding at the end of Code Section 36-66-4, relating to hearings on proposed zoning decisions, a new subsection to read as follows:".
By adding between line 5 and 6 of page 2 the following:
"SECTION 1.1.
Said chapter is further amended by adding at the end the following Code section:
'36-66-6.
(a) The General Assembly finds that certain populated areas which have been deannexed within the most densely inhabited counties in this state require more intensive governmental services and control over those services and the taxation required to fund them than is available from those counties. The most suitable method of achieving such goals is by municipal incorporation of those deannexed areas wherein those areas which desire such goals are given the power to establish a municipal corporation for such areas without direct action by the General Assembly. The General Assembly further finds that Article IX, Section II, Paragraph II of the Constitution authorizes the General Assembly "to delegate its power so that matters pertaining to municipalities may be dealt with without the necessity of action by the General Assembly." Pursuant to this authority, the General Assembly thus delegates a portion of its legislative powers to create municipal corporations subject to the conditions of this Code section.
(b) As used in this Code section, the term:
(1) "Affected county" means that county which includes all the area of a petitioning district.
(2) "Commission" means any municipal charter commission established pursuant to this Code section.
(3) "House district" means the geographical area contained in any House of Representatives district under Code Section 28-2-1.
(4) "Petitioning district" means a House of Representatives district which is wholly contained in a single county and which House district includes only the unincorporated area of that county and the electors of which House district have submitted a petition for the creation of a commission which petition has been determined to be valid under subsection (c) of this Code section.
(5) "Senate district" means the geographical area contained in any Senate district under Code Section 28-2-2.
(c) The electors of a House district which is wholly contained in a single county and which House district includes only the unincorporated area of that county and the area of which House district includes at least 60 percent of property which has been deannexed by a municipality may initiate the creation of a municipal charter commission for that House district by filing a petition with the election superintendent of that county if that petition contains the signatures of at least 15 percent of the electors who

FRIDAY, March 13, 1998

1937

voted in the last general election in that House district. A period not to exceed 180 days shall be allowed for circulation of such petition for the collection of the required signatures. The 180 day period shall commence on the date that the petition is first circulated for signatures. The election superintendent shall determine the validity of such petition within 60 days of its being filed with the election superintendent. In the event the election superintendent determines that the petition is valid, the election superintendent shall notify the governing authority of the affected county, the members of the House of Representatives and Senate whose legislative districts contain any part of the petitioning district, and the members of the House of Representatives any part of whose House district abuts such petitioning district and which part is located in the affected county. In the event that the election superintendent determines that such petition was not valid, that superintendent shall cause to be published in explicit detail the reasons why such petition is not valid; provided, however, that in any proceeding in which the validity of the petition is at issue, the tribunal considering such issue shall not be limited by the reasons assigned. Such publication shall be in the official organ of the county in the week immediately following the date on which such petition is declared to be not valid.
(d) Upon receiving a notification that a petition filed with the election superintendent has been determined to be valid under subsection (c) of this Code section, a charter commission shall be constituted with the following members:
(1) The member of the House of Representatives who represents the petitioning district shall be a member of the commission and shall appoint as additional commission members two persons who reside in the petitioning district;
(2) Each member of the House of Representatives any part of whose House district is located in the affected county and which House district abuts the petitioning district shall be a member of the commission and shall appoint as commission members two persons who reside in the affected county and in the House district of the appointing member of the House of Representatives;
(3) Each member of the Senate any part of whose Senate district is located in the affected county and which Senate district includes all or any part of the petitioning district shall be a member of the commission and shall appoint as commission members two persons who reside in that county and in the Senate district of the appointing Senator; and
(4) Three members shall be appointed by the governing authority of the affected county, two of which appointees shall reside in the petitioning district.
(e) The member of the House of Representatives from the petitioning district shall designate as chairperson one of the members appointed by such House member, and the Senator any part of whose Senate district is located in the affected county and whose Senate district includes the largest portion of the petitioning district shall designate as vice chairperson one of the members appointed by such Senator. The commission shall meet upon the call of the chairperson. Members of the commission shall receive no per diem, allowances, or expenses. The Carl Vinson Institute of State Government shall provide staff support for the commission. Unless private funds are available to pay for such staff support, the costs thereof shall be paid from county funds by the affected county.
(f) A majority of the commission shall constitute a quorum and shall be authorized to transact the business of the commission. The commission may establish such bylaws as necessary for its operation. The affirmative vote of a majority of the members of the commission shall be required to approve any official action of the commission, including but not limited to adoption of the commission's bylaws or reports. The commission shall study all issues necessary to determine the feasibility of incorporating a municipality within the petitioning district. The corporate limits of any such municipality may not extend beyond the boundaries of any House district which abuts the petitioning district or beyond the boundaries of the affected county and shall not include any area located

1938

JOURNAL OF THE HOUSE,

within the corporate limits of another municipality. The commission shall study the tax base, service delivery system, and sources of services for the petitioned for municipality, the likely impact of such municipality upon its residents and other governments within the affected county, and all other matters necessary or desirable for incorporating a municipality. The commission shall issue a preliminary report of its recommendations within six months after its first meeting, shall hold at least three public hearings within the 60 days after it issues that report, and shall issue its final report within 60 days after the last public hearing.
(g) If incorporation is recommended by the commission in its final report, the commission shall so notify the election superintendent of the affected county and provide the election superintendent with a certified copy of the final report within 15 days after issuance thereof. That election superintendent shall call a special election to approve or disapprove the municipal incorporation as contained in the final report of the commission. That election shall be conducted at the time of the next state-wide general primary or election which occurs at least 60 days after the issuance of the report. The only electors eligible to vote in such special election shall be those persons otherwise eligible to vote in that primary or election who reside within the corporate boundaries of the municipality recommended by the commission as contained in the final report filed with the election superintendent. The expenses of such election shall be borne by the affected county.
(h) If an incorporation recommendation in a final report is approved in the special election under subsection (g) of this Code section, the election superintendent shall notify the affected county and that final report shall constitute the municipal charter for the new municipality named in the report. That report shall become effective as a charter at the time specified in the report but no sooner than 180 days after such approval. That final report which thereby becomes a municipal charter shall be subject to all general laws of this state relating to municipalities, except Code Section 36-31-2, and the boundary for the municipality established by that report shall be subject to the conditions established by this Code section. That final report shall be filed with the Secretary of State who shall provide for the publication and distribution thereof.
(i) A municipality incorporated under this Code section shall be subject to all general laws relating to municipalities, except Code Section 36-31-2, and the charter thereof may be amended by local Act of the General Assembly or by home rule action by the municipality subject to the Constitution and general laws of this state. The method of incorporating a municipality under this Code section shall be in addition to any other method for incorporating a municipality now authorized.'"

The following amendment was read and adopted:

Representative Ehrhart of the 36th moves to amend SB 600 by adding after the first semicolon on line 6 of page 1 the following:
"to specify notice requirements for hearings relating to certain types of facilities;".
By striking the words "a new subsection" on line 12 of page 1 and inserting in place thereof the words "new subsections (e) and (f)".
By striking the quotation mark on line 5 of page 2 and inserting between lines 5 and 6 of page 2 the following:
"(f) When a proposed zoning decision relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency, a public hearing shall be held on the proposed action. Such public hearing shall be held at least six months and not more than nine months prior to the date of final action on the zoning decision. The hearing required by this subsection shall be in

FRIDAY, March 13, 1998

1939

addition to any hearing required under subsection (a) of this Code section. The local government shall give notice of such hearing by:
(1) Posting notice on the affected premises in the manner prescribed by subsection (b) of this Code section; and
(2) Publishing in a newspaper of general circulation within the territorial boundaries of the local government a notice of the hearing at least 15 days and not more than 45 days prior to the date of the hearing.
Both the posted notice and the published notice shall include a prominent statement that the proposed zoning decision relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency. The published notice shall be at least six column inches in size and shall not be located in the classified advertising section of the newspaper.'"

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 Y Bailey Y Bannister
Barfoot Y Barnard YBarnes E Bates Y Benefield
YBirdsong Bohannon
Y Bordeaux Y Bradford Y Breedlove 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 Y Cornell Y Cooper
Y Crawford Y Crews

Y Culbreth Y CummingB Y Davis, G Y Davis, M YDay E DeLoach, B Y DeLoach, G YDix YDizon YDobbs Y Dukes
YEhrhart YEpps Y Evans YEverett Y Felton
Floyd Y Franklin E Golden Y Graves
Greene Y Grindley YHammontree
Manner Y Harbin
Y Heard YHecht Y Heckstall Y Hegstrom
Henson Y Holland Y Holmes Y Houston
Howard YHudgens
Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson Y James
Jamieson YJenkins
Johnson Y Johneton 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 E McClinton
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 YPowell YPurcell
YRagas YRandall YRay
Reaves Y Reichert YRice Y Richardson
Roberts Y Rogers Y Royal Y Sanders Y Sauder
YScarlett Y Scheid Y Scott Y Shanahan
Shaw 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 YSmyre YSnelling
YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper
Thomas TUhnan Y Titus
Y Tolbert ETrense Y Tumquest YTwiggs Y Walker, L Y Walker, R.L
Watson
YWest Y Westmorland YWhi taker 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 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

1940

JOURNAL OF THE HOUSE,

SB 77. By Senators Oliver of the 42nd, Stokes of the 43rd, Henson of the 55th and others:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, so as to provide for a tenth judge of the superior courts of the Stone Mountain Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers, dignity, duties, jurisdiction, privileges, and immunities of said judge.

The following Committee substitute was read:

A BILL
To amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the superior courts, so as to provide for two additional judges of the superior court for the Atlanta Judicial Circuit; to provide one additional judge of the superior court for the Douglas Judicial Circuit, the Ocmulgee Judicial Circuit, the Gwinnett Judicial Circuit, and the Stone Mountain Judicial Circuit; to create a new judicial circuit to be known as the Bell-Forsyth Judicial Circuit, to be composed of the County of Forsyth and to provide for a judge of the superior court, district attorney, and for the transfer of proceedings to such circuit; to provide for terms of court in the new circuit; to change the number of judges, the terms of court, and the counties of the Blue Ridge Judicial Circuit; to provide for related matters; to provide for the initial appointment and subsequent election of the new judges and then* successors; to prescribe the powers of the new judges; to provide for employment of court personnel; to provide for construction; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, is amended by striking paragraph (6) of Code Section 15-6-1, relating to composition of the judicial circuits, and inserting in lieu thereof the following:
"T(?6)B.i-lu.e> Ridge Judicial Circuit, composed of the Counties County of Cherokee and
X Ul l*j vu, ,
and by adding to said Code section a new paragraph (18.1) to read as follows: "(18.1) Bell-Forsyth Judicial Circuit, composed of the County of Forsyth;"
SECTION 2. Said chapter is further amended by striking paragraphs (3), (6), (15.1), (20), (28), and (37) of Code Section 15-6-2, relating to the number of judges for each judicial circuit, and inserting in lieu thereof the following:
"(3) Atlanta Circuit........................................................................................................ 46 17" "(6) Blue Ridge Circuit.................................................................................................. 8 2" "(15.1) Douglas Circuit.................................................................................................. 2 3" "(20) Gwinnett Circuit................................................................................................... 6 7" "(28) Ocmulgee Circuit.................................................................................................. 4 5" "(37) Stone Mountain Circuit....................................................................................... 9 10"
SECTION 3. Said chapter is further amended in Code Section 15-6-2, relating to the number of judges, by inserting a new paragraph to be designated paragraph (18.1) to read as follows:
"(18.1) Bell-Forsyth Circuit........................................................................................... 1".
SECTION 4. Said chapter is further amended by striking paragraph (6) of Code Section 15-6-3, relating to terms of court, and inserting in lieu thereof the following:

FRIDAY, March 13, 1998

1941

"(6) Blue Ridge Circuit: {A} Cherokee County Second Monday in January, May, and September. (B) Foroyth County Seemed Monday March; July? ad November.",
and by adding a new paragraph (18.1) to read as follows: "(18.1) Bell-Forsyth Circuit: Forsyth County Second Monday in March, July, and November."
SECTION 5. Two new judges of the superior court are added to the Atlanta Judicial Circuit, increasing to 17 the number of judges of said circuit. One new judge of the superior court is added to the Douglas Judicial Circuit, the Gwinnett Judicial Circuit, the Ocmulgee Judicial Circuit, and the Stone Mountain Judicial Circuit, increasing the number of judges in the Douglas Judicial Circuit to three, the number of judges in the Gwinnett Judicial Circuit to seven, the number of judges in the Ocmulgee Judicial Circuit to five, and the number of judges in the Stone Mountain Judicial Circuit to ten.
SECTION 6. The initial new judges appointed pursuant to Section 5 of this Act shall be appointed by the Governor for a term beginning July 1, 1998, and expiring December 31, 2000, and until their successors are elected and qualified. Successors to the initial judges shall be elected in the manner provided by law for the election of judges in the superior courts of this state at the general election in November, 2000, for terms of four years beginning on January 1, 2001, and until the election and qualification of their successors. Future successors shall be elected at the general elections each four years thereafter for terms of four years and until their successors are elected and qualified and shall take office on the first day of January following their election.
SECTION 7. The new judges initially appointed and subsequently elected pursuant to Sections 5 and 6 of this Act shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior court. Each of such new judges is authorized to employ court personnel on the same basis as other judges of their respective circuits.
SECTION 8. Except as expressly stated, this Act shall not be construed to alter or repeal any provision of any local Act relating to any judicial circuit. Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.
SECTION 9. (a) Effective July 1, 1998, there is created a new judicial circuit of the superior courts of this state, to be known as the Bell-Forsyth Judicial Circuit, which circuit shall be composed of the County of Forsyth. The offices of the judge of the superior court and district attorney of the Bell-Forsyth Judicial Circuit are created for said circuit. (b) The superior court judge of the Blue Ridge Circuit who is a resident of Forsyth County shall become the initial judge of the Bell-Forsyth Judicial Circuit and shall complete the term for which elected, continuing through December 31, 2000, or until a successor is elected and qualified. (c) If there is more than one superior court judge of the Blue Ridge Circuit who is a resident of Forsyth County, the superior court judge of the Blue Ridge Circuit who is a resident of Forsyth County who has the longer service as a superior court judge shall become the initial judge of the Bell-Forsyth Judicial Circuit, and shall complete the term for which elected, continuing through December 31, 2000, or until a successor is elected and qualified. (d) If there is no superior court judge of the Blue Ridge Circuit who is a resident of Forsyth County, the Governor shall appoint the initial judge of the Bell-Forsyth Judicial Circuit to serve a term of office beginning on July 1, 1998, and continuing through December 31, 2000, and until a successor is elected and qualified.

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(e) The initial district attorney shall be appointed by the Governor for a term of office beginning on July 1, 1998, and continuing through December 31, 2000, and until a successor is elected and qualified. (f) Successors to the initial judge and district attorney shall be elected in the general election immediately preceding the expiration of a term of office and shall be elected for terms of office of four years each and until their respective successors are duly elected and qualified. Successors to the offices of judge and district attorney shall take office on the first day of January following their election. (g) The compensation and allowances of the district attorney of said circuit shall be as now or hereafter provided by law. (h) All civil, equitable, and criminal proceedings and litigations pending in the superior court of Forsyth County at such time as it was a part of the Blue Ridge Judicial Circuit, including all complaints, pleadings, petitions, indictments, special presentments, summonses, processes, motions, writs, mesne, and final proceedings, together with all books and records of any kind or character belonging to, issued, returnable, filed, pending, or commenced in such county shall relate to, become a part of, and be transferred to the superior court of the Bell-Forsyth Judicial Circuit and its jurisdiction when said circuit comes into existence.
SECTION 10. (a) For the purposes of appointing the initial new judges pursuant to Sections 5 and 6 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) If there is no judge of the Blue Ridge Judicial Circuit in office on July 1, 1998, who is a resident of Forsyth County, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for the purposes of the appointment of the initial judge of the Bell-Forsyth Judicial Circuit pursuant to subsection (d) of Section 8 of this Act, except that the provision of Section 1 of this Act which decreases the number of judges in the Blue Ridge Circuit shall become effective December 31, 2000, upon the expiration of the terms of office of the judges of the Blue Ridge Judicial Circuit. (c) Except as provided in subsections (a) and (b) of this section, this Act shall become effective July 1, 1998.
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Barnes of the 33rd and Martin of the 47th move to amend the Committee substitute to SB 77 by inserting on line 24 of page 5, between the word "section" and the comma, the following:
"and notwithstanding the provisions of Code Section 1-3-4.1".

The Committee substitute, as amended, was adopted.

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

Alien EAndereon YAshe Y Bailey Y Bannister
Bartoot Y Barnard

YBamee E Bates YBenefield Y Birdnong Y Bohannon Y 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 Y Coleman, T
Council Y Cooper Y Crawford

FRIDAY, March 13, 1998

1943

Y Crews Y Culbreth Y Cuiumings Y Davit, G Y Davit, M YDay EDeLoach, B
YDeLoach, G YDix YDiion
Dobbs Y Dukes
YEhrhart YEpps Y Evans YEverett YFelton
Floyd Y Franklin E Golden Y Graves
Greene YGrindley
Hammontree Y Manner Y Harbin Y Heard
YHecht YHeckstaU

YHegstrom YHenson Y Holland Y Holmes
Houston
Howard YHudgens Y Hudson, H Y Hudson, N Y Hugley Ybvin 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 YMaddox YMann

Y Manning Martin, J
Y Martin, J.L YMassey YMcBee YMcCall E McClinton
McKinney YMills Y Mobley YMosley Y Mueller YCTNeal YOrrock
YParham YParrish Y Parsons
Pelote Perry Y Pinholster YPoag YPolak Y Ponder
Y Porter YPowell YPurcell YRagas YRandall YRay

Reaves Y Reichert
YRice Y Richardson
Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett
Scheid Y Scott Y Shanahan
Shaw YSnerrill 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 Stand!, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper
Thomas Tillman Y Titus YTolbert ETrense 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 YWorthan Yates Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

SB 39. By Senators Boshears of the 6th, Ralston of the 51st and Johnson of the 1st:
A bill to amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the registration of sexually violent predators, so as to change the provisions relating to the release of information collected under the state registration program; to provide that the information collected under the state registration program may be disclosed for any purpose authorized by state or federal law.

The following Committee substitute was read:

A BILL
To amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relative to penal institutions, so as to provide that some duties formerly assigned to the sentencing court are now assigned to the Division of Probation of the Department of Corrections; to change definitions; to provide for registration within ten days of release or placement on parole, supervised release, or probation; to provide for registration with and reporting of changes in address to the local sheriffs office; to provide for furnishing registration information to the Georgia Bureau of Investigation; to provide that the sheriff shall obtain needed information concerning the registrant; to change penalties for failure to register or providing false information; 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 42 of the Official Code of Georgia Annotated, relating to general provisions relative to penal institutions, is amended by striking in its entirety Code Section 42-1-12, relating to the registration of sexually violent predators, and inserting in lieu thereof the following:

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"42-1-12.
(a) As used in this Code section, the term: (1) 'Appropriate state official' means: (A) With respect to an offender who is sentenced to probation without any sentence of incarceration in the state prison system, the sentencing eeurt Division of Probation of the Department of Corrections; (B) With respect to an offender who is sentenced to a period of incarceration in a prison under the jurisdiction of the Department of Corrections and who is subsequently released from prison or placed on probation, the commissioner of corrections or his or her designee; and (C) With respect to an offender who is placed on parole, the chairperson of the State Board of Pardons and Paroles or his or her designee. (2) 'Board' means the Sexual Offender Registration Review Board. (3) 'Conviction' includes a final judgment of conviction entered upon a verdict or finding of guilty of a crime or upon a plea of guilty. Unless otherwise required by federal law, a defendant who is discharged without adjudication of guilt and who is not considered to have a criminal conviction pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, shall not be subject to the registration requirements of this Code section. (4) (A) 'Criminal offense against a victim who is a minor' means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of: (i) Kidnapping of a minor, except by a parent; (ii) False imprisonment of a minor, except by a parent; (iii) Criminal sexual conduct toward a minor; (iv) Solicitation of a minor to engage in sexual conduct; (v) Use of a minor in a sexual performance; (vi) Solicitation of a minor to practice prostitution; or (vii) Any conduct that by its nature is a sexual offense against a minor as specifically designated for registration by the prosecution.
(B) For purposes of this paragraph, conduct which is criminal only because of the age of the victim shall not be considered a criminal offense if the perpetrator is 18 years of age or younger.
(5) 'Mental abnormality' means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons.
(6) 'Predatory' means an act directed at a stranger or a person with whom a relationship has been established or promoted for the primary purpose of victimization.
(7) 'Sexually violent offense' means a conviction for violation of Code Section 16-6-1, relating to rape; Code Section 16-6-2, relating to aggravated sodomy; Code Section 16-6-4, relating to aggravated child molestation; Code Section 16-6 82.1, relating te sexual battery; or Code Section 16-6-22.2, relating to aggravated sexual battery; or an offense that has as its element engaging in physical contact with another person with intent to commit such an offense; or a conviction in a federal court or court of another state or territory for any offense which under the laws of this state would be classified as a violation of a Code section listed in this paragraph.
(8) 'Sexually violent predator' means a person who has been convicted on or after July 1, 1996, of a sexually violent offense and who suffers from a mental abnormality or personality disorder or attitude that places the person at risk of perpetrating any future predatory sexually violent offenses.
(b)(l)(A)(i) On and after July 1, 1996, a person who is convicted of a criminal offense against a victim who is a minor or who is convicted of a sexually violent offense shall register within ten days after his or her release from prison or placement on parole, supervised release, or probation his or her name and current address; place of employment, if any; the crime of which convicted; and the date released from prison or placed on parole, supervised release, or probation with the

FRIDAY, March 13, 1998

1945

Georgia Bureau ef- Investigation sheriffs office in the county where such person will reside for the time period specified in paragraph (1) of subsection (g) of this Code section.
(ii) A person who has previously been convicted of a criminal offense against a victim who is a minor or who has previously been convicted of a sexually violent offense and who is released from prison or placed on parole, supervised release, or probation on or after July 1, 1996, shall register within ten days after such release or placement his or her name and current address; place of employment, if any; the crime of which convicted; and the date released from prison or placed on parole, supervised release, or probation with the Georgia Bureau of Invcstigatiea sheriffs office in the county where such person will reside for the time period specified in paragraph (1) of subsection (g) of this Code section.
(B) A person who is a sexually violent predator shall register within ten days after his or her release from prison or placement on parole, supervised release, or probation the information required under subparagraph (A) of this paragraph with the Georgia Bureau ef favestigatiea sheriffs office in the county where such person will reside until such requirement is terminated under paragraph (2) of subsection (g) of this Code section.
(2) (A) A determination that a person is a sexually violent predator and a determination that a person is no longer a sexually violent predator shall be made by the sentencing court after receiving a report by the Sexual Offender Registration Review Board.
(B) The Sexual Offender Registration Review Board shall be composed of three professionals licensed under Title 43 and knowledgeable in the field of the behavior and treatment of sexual offenders. The members of such board shall be appointed by the commissioner of human resources for terms of four years with initial terms commencing September 1, 1996. After the initial terms specified in this subparagraph, members of the board shall take office on the first day of September immediately following the expired term of that office and shall serve for a term of four years and until the appointment of their respective successors. No member shall serve on the board more than two consecutive terms. Vacancies occurring on the board, other than those caused by expiration of a term of office, shall be filled in the same manner as the original appointment to the position vacated for the remainder of the unexpired term and until a successor is appointed. Members shall be entitled to an expense allowance and travel cost reimbursement the same as members of certain other boards and commissions as provided in Code Section 45-7-21.
(C) Upon a determination that an offender is guilty of a sexually violent offense, the court may request a report from the Sexual Offender Registration Review Board as to the likelihood that the offender suffers from a mental abnormality or personality disorder that would make the person likely to engage in a predatory sexually violent offense. The report shall be requested as a matter of course for any offender with a history of sexually violent offenses. The court shall provide the Sexual Offender Registration Review Board with any information available to assist the board in rendering an opinion. The board shall have 60 days from receipt of the court's request to respond with its report. Within 60 days of receiving the report, the court shall issue a ruling as to whether or not the offender shall be classified as a sexually violent predator. If the court determines the offender to be a sexually violent predator, such fact shall be communicated in writing to the appropriate state official and to the Georgia Bureau of Investigation.
(D) An offender who has been determined to be a sexually violent predator and who is required to register under this Code section may make application to the board to have such registration requirements terminated on the grounds that such person no longer suffers from a mental abnormality or personality disorder that would make the person likely to engage in a predatory sexually violent offense. Such an application may be made by the offender and heard by the board only after the offender has been released on parole or probation or from incarceration for a period

1946

JOURNAL OF THE HOUSE,

of three years and not more than once every two years thereafter. If the board determines that such offender should no longer be classified as a sexually violent predator, such information shall be forwarded to the sentencing court, where a final decision on the matter shall be rendered. If the court concurs with the board's recommendation, such information shall be forwarded to the Georgia Bureau of Investigation and the registration requirements of subparagraph (B) of paragraph (1) of this subsection shall no longer apply to such offender; provided, however, that an individual who is no longer deemed a sexually violent predator shall be required to register under subparagraph (A) of paragraph (1) of this subsection for the time period specified in paragraph (1) of subsection (g) of this Code section. If such a determination is not made by the court to terminate the registration requirements, the offender shall be required to continue to comply with the registration requirements of subparagraph (B) of paragraph (1) of this subsection. (3) (A) If a person who is required to register under this Code section is released from prison or placed on parole, supervised release, or probation, the appropriate state official shall:
(i) Inform the person of the duty to register and obtain the information required under subparagraph (A) of paragraph (1) of this subsection for such registration; (ii) Inform the person that, if the person changes residence address, the person shall give the new address to the Georgia Bureau ef Investigation sheriff with whom the person last registered, not later than ten days after the change of address. Following such notification the sheriffs office shall notify immediately the Georgia Bureau of Investigation through the Criminal Justice Information System (CJIS) of each change of residence address ;
(iii) Inform the person that, if the person changes residence to another state, the person shall register the new address with the Georgia Bweatt of Investigation sheriff with whom the person last registered, and that the person shall also register with a designated law enforcement agency in the new state not later than ten days after establishing residence in the new state if the new state has ft rcgiotut tiea requirement;
(iv) Obtain fingerprints and a photograph of the person if such fingerprints and photograph have not already been obtained in connection with the offense that triggered the initial registration; and
(v) Require the person to read and sign a form stating that the duty of the person to register under this Code section has been explained. A copy of this form and any other registration information furnished by the Department of Corrections shall be forwarded to the Georgia Bureau of Investigation.
(B) In addition to the requirements of subparagraph (A) of this paragraph, for a person required to register under subparagraph (B) of paragraph (1) of this subsection, the appropriate state official shall obtain the name of the person; descriptive physical and behavioral information to assist law enforcement personnel in identifying the person; known current or proposed residence addresses of the person; place of employment, if any; offense history of the person; and documentation of any treatment received for any mental abnormality or personality disorder of the person; provided, however, that the appropriate state official shall not be required to obtain any information already on the criminal justice information system of the Georgia Crime Information Center.
(C) The Georgia Crime Information Center shall create criminal justice information system network transaction screens by which appropriate state officials shall enter original data required by this Code section. Screens shall also be created for sheriffs' offices for the entry of record confirmation data, changes of residence, employment or other pertinent data, and to assist in offender identification.
(D) Any person changing residence from another state or territory of the United States to Georgia who is required to register under federal law or the laws of another state or territory or who has been convicted of an offense in another state or territory which would require registration under this Code section if committed in this state shall comply with the registration requirements of this Code section.

FRIDAY, March 13, 1998

1947

Such person shall register the new address and employment information with the dcoignatcd tew enforcement agency with wheat the person test registered, and the person shall register witn the Georgia Bureau f Investigation sheriff of the county of new residence not later than ten days after the date of establishing residency in tEis state. Upon the person's registration with the sheriff of the county of new residence, the sheriff or his or her designee shall forward the registration information to the Georgia Bureau of Investigation. The Georgia Bureau of- Investigation sheriff or his or her designee shall obtain any needed information concerning the registrant, including fingerprints and a photograph of the person if such fingerprints and photograph have not already previously been obtained H connection wtth the effease that resulted in the initial registration requirement within the State of Georgia. In addition, the Georgia Bureau of- Investigation sheriff or his or her designee shall inform the person of the duty to report any change of address as otherwise required in this Code section. The Georgia Bureau of Investigation shall forward such infor-
mation in the manner described in subsection (c) of this Code section, (c) The appropriate state official shall, within three days after receipt of information
described in paragraph (3) of subsection (b) of this Code section, forward such information to the Georgia Bureau of Investigation. Once the data is entered into the criminal justice information system by the appropriate state official or sheriff,
the Georgia Crime Information Center shall immediately notify the sheriff of the county where the person expects to reside. The Georgia Bureau of Investigation shall also immediately transmit the conviction data and fingerprints to the Federal
Bureau of Investigation. It shall be the duty of the sheriff of each county within this state to maintain a register of the names and addresses of all offenders whose
names have been provided by the Georgia Bureau of Investigation to the sheriff under this Code section. The Georgia Bureau of Investigation shall establish operat-
ing policies and procedures concerning record ownership, quality, verification, modification, and cancellation and shall perform mail out and verification duties on a
quarterly basis. The Georgia Bureau of Investigation shall send each month criminal justice information system network messages to sheriffs listing offenders due for
verification. The bureau shall also create a photo image file from original entries
and provide such entries to sheriffs to assist in offender identification and verification.
(d)(l) For a person required to register under subparagraph (b)(l)(A) of this Code
section, on each anniversary of the person's initial registration date during the period
in which the person is required to register under this Code section the following applies:
(A) The Georgia Bureau of Investigation shall mail a nonforwardable verification form to the last reported address of the person;
(B) The person shall be required as a condition of parole or probation to respond directly to the sheriff within ten days after receipt of the form; (C) The verification form stating that the person still resides at the address last
reported to the Georgia Bureau of Investigation shall be signed by the person and retained by the sheriff; and
(D) If the person fails to respond directly to the sheriff within ten days after receipt of the form, the person shall be in violation of this Code section unless the
person proves that he or she has not changed the residence address.
(2) The provisions of paragraph (1) of this subsection shall be applied to a person required to register under subparagraph (b)(l)(B) of this Code section, except that
such person must verify the registration every 90 days after the date of the initial release on probation by the court or the initial release by the Department of Correc-
tions or commencement of parole.
(e) A change of address by a person required to register under this Code section reported to the Georgia Bureau of Investigation shall be immediately reported to the
sheriff of the county where the person resides. The Georgia Bureau of Investigation
shall, if the person changes residence to another state, notify the law enforcement agency with which the person must register in the new state if- the new state has a registration requirement.

1948

JOURNAL OF THE HOUSE,

(f) A person who has been convicted of an offense which requires registration under this Code section shall register the new address with a designated law enforcement agency in another state to which the person moves not later than ten days after such person establishes residence in the new state if the new state has a registration requirement.
(g)(l) A person required to register under subparagraph (b)(l)(A) of this Code section shall continue to comply with this Code section until ten years have elapsed since the person was released from prison or placed on parole, supervised release, or probation. (2) The requirement of a person to register under subparagraph (b)(l)(B) of this Code section shall terminate upon a determination, made in accordance with paragraph (2) of subsection (b) of this Code section, that the person no longer suffers from a mental abnormality or personality disorder that would make the person likely to engage in a predatory sexually violent offense. (h) Any person who is required to register under this Code section and who fails to comply with the requirements of this Code section or who provides false information shall be guilty of a misdemeanor; provided, however, that upon the conviction of the tfed second or subsequent offense under this subsection, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years or by a fine in an amount of ug to $100.000.00, or both. (i) The information collected under the state registration program shall be treated as private data except that: (1) Such information may be disclosed to law enforcement agencies for law enforcement purposes; (2) Such information may be disclosed to government agencies conducting confidential background checks; (3) The Georgia Bureau of Investigation or any sheriff maintaining records required under this Code section shall release relevant information collected under this Code section that is necessary to protect the public concerning those persons required to register under this Code section, except that the identity of a victim of an offense that requires registration under this Code section shall not be released. In addition to any other notice that may be necessary to protect the public, nothing herein shall prevent any sheriff from posting this information in any public building; and (4) It shall be the responsibility of the sheriff maintaining records required under this Code section to enforce the criminal provisions of this Code section. The sheriff may request the assistance of the Georgia Bureau of Investigation upon his or her discretion. (j) Law enforcement agencies, employees of law enforcement agencies, members of the Sexual Offender Registration Review Board, and state officials shall be immune from liability for good faith conduct under this Code section. (k) The provisions of this Code section shall be in addition to and not in lieu of the provisions of Code Section 42-9-44.1, relating to conditions for parole of sexual offenders. (1) The Board of Public Safety is authorized to promulgate rules and regulations necessary for the Georgia Bureau of Investigation and the Georgia Crime Information Center to implement and carry out the provisions of this Code section."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Walker of the 87th moves to amend the Committee substitute to SB 39 by adding on line 13 of page 1 between the semicolon and the word "to" the following:
"to provide for the dissemination of certain information relating to sexual predators;".
By striking in their entirety lines 16 through 24 of page 4 and inserting in lieu thereof the following:

FRIDAY, March 13, 1998

1949

"(B) A person who is a sexually violent predator shall register within ten days after his or her release from prison or placement on parole, supervised release, or probation the information required under subparagraph (A) of this paragraph with the Georgia Bureau of Investigation sheriffs office in the county where such person will reside. The sheriff shall prepare a list of such sexual predators providing each person's name, address, and photograph. The sheriff shall update the list periodically and shall post such list in a prominent and visible location in the sheriffs office and each city hall or primary administration building of every incorporated municipality within the county. Such list shall also be made available upon request to any public or private elementary, secondary, or postsecondary school or educational institution located in the county. The provisions of this subparagraph shall apply to a sexually violent predator until such requirement is terminated under paragraph (2) of subsection (g) of this Code section."
By adding on line 2 of page 11 between the word "building" and the semicolon the following:
"in addition to those locations enumerated in subparagraph (b)(l)(B) of this Code section".

The following amendment was read and adopted:

Representative Martin of the 47th moves to amend the Walker amendment to SB 39 as follows:
By changing the word "shall" to "may" on line 16 page 1 and on line 19 page 1.

The Walker amendment, as amended, was adopted.

The Committee substitute, as amended, was adopted.

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

Alien EAndereon YAshe Y Bailey Y Bannister
Barfoot Y Barnard YBaraes E Bates
Beneiield YBirdsong YBohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn YBurkhalter YByrd Y Campbell Y Canty Y Cash Y Channel!

YChUdere Y Clark Y Coan Y Coleman, B Y Coleman, T Y Cornell Y Cooper
Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Day E DeLoach, B Y DeLoach, G Y Dii Y Dizon YDobbs
Dukes Y Ehrhart Y Epps Y Evans Y Everett
Felton Floyd Y Franklin

E Golden Y Graves
Greene Y Grindley Y Hammontree
Manner Y Harbin Y Heard Y Hecht Y Hecketall Y Hegstrom Y 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
Johnson Y Johnston

Y Jones Y Joyce Y Kaye Y Ladd Y Lakly Y Lane Y Lee Y Lewis Y Lord Y Lucas Y Maddoi Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall E McClinton
McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham

Y Fairish Y Parsons
Pelote Perry Y Pinholster Y Poag Y Polak Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall YRay Reaves Y Reichert Y Rice Y Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlet* Y Scheid Y Scott Y Shanahan

1950

JOURNAL OF THE HOUSE,

Shaw YSherriU 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 Y Smyre Y SneUing Y Snow Y Stallings Y Stancil, F

Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Tayloi Y Teague Y Teper
Thomas Tillman

Y Titus Y Tolbert E Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, at Y Watson Y West

Y Westmorland Y Whitaker Y Wiles
Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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

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

HB 1250.

By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1998, and ending June 30,1999.

The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

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.

The following Senate substitute was read:

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.

FRIDAY, March 13, 1998

1951

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

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

1952

JOURNAL OF THE HOUSE,

Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits. Budget Unit: Department of Audits...................................................$
Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................? Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................? Computer Charges...........................................................................? Telecommunications.......................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

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

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....................................................................?

99.594.822 13,477,801 82,499,472 3,022,726 1,576,573
40,500 500,000 741.000 101,858,072 99,594,822

Judicial Branch Functional Budgets

Total Funds

State Funds

FRIDAY, March 13, 1998

1953

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

7,053,392 8,501,549 39,349,804
31,491,571 1,279,908
832,114 5,260,769
166,759 4,849,709
2,775,106
297,391 101,858,072

6,244,683 8,451,549 39,275,804
30,267,300 1,279,908
832,114 5,181,499
166,759 4,849,709
2,775,106
270.391 99,594,822

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....................................................! Alternative Fuels Grant .................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

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
0 61,155,300
733,484 20,039,840
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

!

9,705,146

!

7,625,107

$

31,935,600

! 117,557,072

!

653,599

!

1,551,515

!

2,204,082

!

4,198,923

!

232,500

!

29,078,366

$

653,599

!

209,870

1954

JOURNAL OF THE HOUSE,

Hearings Total

4.038.517 173,066,556

3.764.348 40,341,688

B. Budget Unit: Georgia Building Authority ....................................$ Personal Services............................. ................................................$ Regular Operating Expenses .........................................................$
Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................? Capital Outlay .................................................................................$ Utilities ...................................................,.........................................$ Contractual Expense............. ..........................................................$ Facilities Renovations and Repairs. .............................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................$

0 20,960,433 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 ........................................................................$ 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.............................................................................?

37.521.368 31,793,134 4,341,766
1,110,000 302,000 440,136 670,430 814,475 412,585
1,084,741 1,046,000
2,998,426
2,865,269 275,000 35,000 175,000
731,639 0
150,000

FRIDAY, March 13, 1998

1955

Capital Outlay .................................................................................$ Contract - Federation of Southern
Cooperatives .................................................................................$ Boll Weevil Eradication Program.................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

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

$

8,640,154

$

15,908,406

$

5,782,790

$

6,719,885

$

3,659,975

$

7,959,213

$

615,178

$

49,285,601

7,859,154 12,776,271 2,107,790 6,532,885 3,530,275 4,714,993
0 37,521,368

B. Budget Unit: Georgia Agrirama Development Authority ..................................................................$
Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................? Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Capital Outlay.................................................................................? Goods for Resale.............................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

0 938,623 196,667
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.........................................................? Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

9.718.314
7,868,800 448,929 403,199 112,380 136,122 277,396 385,053 73,000 13.435
9,718,314 9,718,314

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......................................................?

29.058.981 7,579,270
413,364 270,850
0 61,368 646,430 1,490,712

1956

JOURNAL OF THE HOUSE,

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 Assistance Program........................................................! Administrative Cost Allocation......................,..............................! Contracts for Homeless Assistance...............................................!
Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

316,124 151,110
0
1,959,945 301,250 133,355
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
0 1,187,500
0 1,250,000 61,999,433 29,058,981

Departmental Functional Budgets

Total Funds

State Funds

Executive Division Research and Information Division Planning and Management Division Business and Financial Assistance
Division Housing and Finance Division Accounting, Audits and
Administration Division Rental Assistance Division Total

1,593,920 6,172,074
0
38,601,442 0
15,631,997 0
61,999,433

1,593,920 5,997,546
0
7,527,885 0
13,939,630 0
29,058,981

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.............................................................................................!

730.850.696 511,110,638 63,424,466
2,479,494 2,102,295
3,858,790
5,497,266 6,002,776 6,855,910 13,588,631
0 23,106,948

FRIDAY, March 13, 1998

1957

Court Costs.......................................................................................$
County Subsidy ...............................................................................$ County Subsidy for Jails................................................................$
County Workcamp Construction Grants.....................................! Central Repair Fund.......................................................................$ Payments to Central State Hospital
for Meals.......................................................................................$ Payments to Central State Hospital
for Utilities...................................................................................!
Payments to Public Safety for Meals ..........................................$
Inmate Release Fund.................................................................,....$ Health Services Purchases .............................................................$
Payments to MAG for Health Care Certification......................! University of Georgia - College of Veterinary
Medicine Contracts .....................................................................$ Minor Construction Fund ..............................................................$ Total Funds Budgeted....................................................................!
Indirect DOAS Funding .................................................................$ Georgia Correctional Industries ....................................................$
State Funds Budgeted....................................................................!

1,200,000 20,874,351 6,550,695
0 1,093,624
3,959,700
1,556,055 577,160
1,458,972 73,497,764
66,620
366,244 894.000 750,122,399 450,000
0 730,850,696

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
608.096.669 750,122,399

15,571,970 48,213,036 13,293,432 61,884,773 591.887.485 730,850,696

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....................................................................!

45.713.359 35,467,984 1,654,700
565,000 272,500
232,825 591,200 2,785,000
965,000 2,293,650
860,500 25.000
45,713,359 45,713,359

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 .................................................................................$

5.451.742 10,851,280 10,392,732
38,375 0
8,000 45,625 24,400 60,915 454,200
0

1958

JOURNAL OF THE HOUSE,

Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

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................................................................................................? 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)..................................................................?

4,510.199.467
37,128,325 5,051,715 1,008,098
20,000 134,114 9,874,798 1,351,182 1,221,054 48,991,639 793,952
0
1,122,923,908 939,273,299 396,233,199 189,059,076 131,549,232 471,599,111 83,554,134 102,582,788
34,768,010 121,686,695 755,222,897 144,825,858 (806,300,975)
0 0
204,279,413 3,158,000 28,719,668 99,859,655 87,308,728 620,134 16,541,699
143,999,894 6,008,750 54,732,103 2,300,000 47,221,626
188,375,722

FRIDAY, March 13, 1998

1959

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................................................................................................4
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....................................................................?

32,516,769 4,552,565
1,491,147 10,214,970 3,582,246 23,552,926 3,884,639 3,500,000 13,427,393
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 1,250,000 1,608,000
382,597 4,340,000 1,689,931 13,191,644
100,000 7,000,000
500,000 45,000 15,401,836 274.395 5,019,184,211 340,000 4,510,199,467

Departmental Functional Budgets

Total Funds

State Funds

State Administration Student Learning and Assessment Governor's Honors Program Quality and School Support Federal Programs Technology Professional Practices Local Programs

9,064,830 41,068,779
1,063,774 5,979,862
6,501,837 21,103,630
1,053,832 4,913,959,334

?

7,602,136

?

36,089,256

?

986,185

?

5,979,862

$

391,213

?

19,698,591

?

1,053,832

? 4,422,079,536

1960

JOURNAL OF THE HOUSE,

Georgia Academy for the Blind Georgia School for the Deaf Atlanta Area School for the Deaf Office of School Readiness Total

5,838,561 4,859,951 5,623,226 3.066.595 5,019,184,211

5,477,880
4,620,855 5,142,484 1.077.637 4,510,199,467

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................................................................!

261.382.689 217,828,959
3,300,000 9,006,730
0 660,000
0 0 0 1,800,000 0 2,000,000 26.787,000 261,382,689 261,382,689

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. 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 rfor Road Maintenance ...............................! Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

34.610.593 28,197,560 5,724,394
162,613 1,421,975 1,649,581
274,000 21,420 1,160,555 813,221
0 28,500 60,000 241.752 39,755,571 34,610,593

Departmental Functional Budgets

Total Funds

State Funds

Reforestation

2,028,601

0

FRIDAY, March 13, 1998

1961

Field Services General Administration and
Support Total

33,400,907
4.326.063 39,755,571

30,452,685
4.157.908 34,610,593

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....................................................................?

48.962.828 37,870,029 4,822,001
439,879 294,000 580,490 600,000 380,645 1,014,739 2,477,045 484,000
0 48,962,828 48,962,828

Departmental Functional Budgets

Total Funds

State Funds

Administration Investigative Georgia Crime Information Center Forensic Sciences Total

?

4,260,862

$

24,414,508

?

8,381,645

?

11,905.813

$

48,962,828

4,260,862 24,414,508 8,381,645 11.905.813 48,962,828

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................................................................? Transition Fund..............................................................................? Total Funds Budgeted....................................................................?

29.668.811 15,541,400 1,019,049
224,590 0
63,161 709,970 991,557 449,586 3,517,331 3,211,646 40,000 3,225,000 148,913 4,025,000 241,500 175,000
0 262,605 1,915,800 100,000 684,400 1,085,968
0 57,000 50.000 37,739,476

1962

JOURNAL OF THE HOUSE,

State Funds Budgeted....................................................................$

29,668,811

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 5,276,197 3,370,398
687,695
1,380,462
2,738,567 297,849
3,803,351
4,932,395

0

37,739,476

$

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........................................................................................! Real Estate Rentals .......................................,................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................! 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....................................................................!

6,675,559
774,193 7,547,274 4,658,059 3,251,398
687,695
299,593
576,567 297,849 3,803,351
1,097,273
0 29,668,811
1.200.543.285
65,704,941 2,456,144 1,560,637 1,573,678
102,863 6,282,716 10,829,405 12,125,660
716,189 0
46,486,389 49,898,569
89,214 918,452 21,876,790
0 220,621,647
412,600 134,739,537

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office Office of Planning and Budget
Services Office of Adoption Children's Community Based
Initiative

1,055,193
4,059,993 1,217,675
8,461,749

1,055,193
4,059,993 1,217,675
8,086,749

FRIDAY, March 13, 1998

1963

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

46,486,389 41,157,974 6,962,609
583,950 3,057,211 10,665,342 6,447,179 8,232,701 1,882,808 7,299,057
0 1,183,198 68,421,040 1,784,315 1,663.264 220,621,647

33,335,726 25,295,389 5,708,613
573,950 3,057,211 4,975,061 2,308,878 6,407,686 1,882,808 7,299,057 (11,504,105) 1,183,198 38,062,976 1,684,315
49.164 134,739,537

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....................................................................!

49,419,204 75,456,853
856,720 0
195,367 1,283,987
4,848,097
1,700,916 1,111,683
280,732 16,460,664 133,262,905
34,500 101,757 5.222.222 290,235,607 549,718 153,877,071

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

12,766,874 1,590,957 1,638,411
2,299,215 4,745,996
5,251,681 3,110,765 10,916,016
83,489,892 63,610,691 13,287,527 3,258,061
1,478,113 1,258,344

!

12,637,199

!

1,376,126

!

1,316,236

!

1,186,603

!

3,972,177

!

5,139,681

!

1,099,593

!

5,858,237

!

0

!

62,463,838

!

6,511,220

!

1,909,348

!

1,374,011

!

1,002,140

1964

JOURNAL OF THE HOUSE,

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

$

1,549,433

$

5,972,288

$

845,641

$

996,314

$

2,555,287

$

377,127

$

571,927

$

5,263,367

$

1,336,607

$

866,337

$

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

$ 290,235,607

?

0

?

4,510,895

$$

666,755 514,680

$

1,104,183

$

377,127

$

571,927

$$

5,263,367 1,081,907

$$

715,199 268,749

$

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

$ (1,625,617) $ 153,877,071

3. Rehabilitation Services Budget: Personal Services..................................................................... ...? Regular Operating Expenses ................................................. ...$
Motor Vehicle Purchases ...............................................................$ Equipment.... ............,.......................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges......................................................,....................? Telecommunications .......................................................................$ Case Services....................................................................................? Special Purpose Contracts .............................................................$ Purchase of Services Contracts........................... .....,....................$ Major Maintenance and Construction. ........................................$ Utilities .............................................................................................$
Total Funds Budgeted....................................................................? Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................?

80,610,821 11,588,954 1,499,267
50,582 751,574 3,881,138 8,149,739 2,412,235 2,074,859 29,830,191 822,245 11,883,883 255,000 859,650 759.287 155,429,425 100,000 24,757,696

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

?

61,497,774

$

768,949

?

539,118

$

10,444,480

?

4,078,958

$

831,540

$

38,885,198

?

12,608,006

?

25.775.402

$

12,655,921

$

333,969

$

539,118

$

3,585,422

$

1,226,551

$

831,540

$

0

$

871,726

$

4.713.449

FRIDAY, March 13, 1998

1965

Total

155,429,425

24,757,696

4. Family and Children Services Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$
Motor Vehicle Purchases ...............................................................$ Equipment...................... ..................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges.......... .................................................................$ Telecommunications .......................................................................$ Children's Trust Fund....................................................................$ Cash Benefits ...................................................................................$ Special Purpose Contracts .............................................................$ Service Benefits for Children ........................................................$ Purchase of Service Contracts ......................................................$
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 27,240,649 29,150,922 9,335,184 4,068,191 281,422,326 6,867,433 259,481,497 40,141,239 2,037,559 315.221.291 1,031,592,937 2,565,582 374,826,451

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

501,955 4,460,426 3,286,638 3,959,690 11,241,372 1,084,207 2,647,558 30,032,092 1,496,267 72,318,728
271,131,764 1,122,012 2,799,420 7,223,130
118,297,960
97,292,183 3,190,752
8,411,330
69,078,643
22,141,175 44,257,515 4,290,503 36,785,262 16,945,290 5,146,142 29,642,834

$

501,955

$

3,844,635

$

3,007,335

$

3,959,690

$

960,999

$

1,084,207

$

1,641,767

$

12,292,655

$

1,496,267

$

11,936,201

53,247,444 1,122,012 0 0

58,279,295

36,738,652 0

2,292,636

33,633,782

8,268,189 15,861,742 2,520,990 23,915,275 12,572,782 4,298,815 20,265,658

1966

JOURNAL OF THE HOUSE,

Prevention of Foster Care Day Care Special Projects Children's Trust Fund Indirect Cost Total

11,544,785 143,435,622
3,759,491 4,068,191
0 1,031,592,937

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............................................

Departmental Functional Budgets

Total Funds

Southwestern State Hospital Brook Run Georgia Mental Health Institute Georgia Regional Hospital at
Augusta Northwest Regional Hospital at
Rome Georgia Regional Hospital at
Atlanta Central State Hospital Georgia Regional Hospital at
Savannah Gracewood State School and
Hospital West Central 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

40,188,848 0
9,057,438
18,231,500
25,333,292
29,725,567 124,150,139
18,831,472
53,511,956 19,630,902 3,882,958 1,000,948 163,029,613
102,682,898
67,484,838 10,247,375 4.903.866 691,893,610

Budget Unit Object Classes:

Personal Services........................ Regular Operating Expenses .... Travel ........................................... Motor Vehicle Purchases .......... Equipment................................... Real Estate Rentals................... Per Diem, Fees and Contracts. Computer Charges......................

$

9,718,081

$

53,601,937

$

3,695,259

$

4,068,191

$ (10.000.000)

$ 374,826,451

295,730,929 53,045,721
200,000 10,539,760 1,962,161 330.415.039 691,893,610 2,092,200 512,342,530

State Funds

$

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 16,844,663 2,974,023
939,794 157,098,482

71,510,419

35,887,158 6,893,647 4,376.818 512,342,530

537,922,085 94,343,254 5,055,984
1,824,260 1,493,754 15,193,684 51,067,890 45,389,733

FRIDAY, March 13, 1998

1967

Telecommunications......................................................................^
Operating Expenses ........................................................................$ Community Services .......................................................................$ Case Services....................................................................................*
Children's Trust Fund....................................................................$ CashBenefits...................................................................................$
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..............................................................................$

13,237,915
53,045,721 330,415,039 29,830,191
4,068,191 281,422,326
7,970,410 305,967,886
118,384,355 133,262,905
2,340,875 11,399,410 3,817,055
21,876,790 315,221,291
5,222,222

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....................................................................*

22,584,091
11,099,566 1,154,199
514,715 16,200 107,067
459,480 886,245
400,700 1,706,630
253,100 5,936,189
0 0
50,000 0
22,584,091
22,584,091

Departmental Functional Budgets

Total Funds

State Funds

Administration
Economic Development Trade
Tourism Georgia Legacy
Strategic Planning and Research Total

8,443,920 4,709,675
1,780,682
4,440,988 1,059,206
2,149.620 22,584,091

8,443,920 4,709,675 1,780,682 4,440,988 1,059,206 2.149.620 22,584,091

Section 17. Department of Insurance. Budget Unit: Department of Insurance .............................................*
Personal Services.............................................................................* Regular Operating Expenses .........................................................* Travel................................................................................................* Motor Vehicle Purchases ...............................................................* Equipment........................................................................................* Computer Charges...........................................................................*

15.425.408 14,129,829
689,017 446,000
122,500 46,879 160,778

1968

JOURNAL OF THE HOUSE,

Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$
Health Care Utilization Review ....................................................$ Total Funds Budgeted....................................................................$
State Funds Budgeted....................................................................$

816,991 328,712 144,658
0 16,885,364 15,425,408

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

4,133,410 5,957,161
607,682
5,382,434 804.677
16,885,364

$

4,133,410

$

5,957,161

$

607,682

$

3,922,478

$

804.677

$

15,425,408

Section 18. Department of Juvenile Justice.

Budget Unit: Department of Juvenile Justice ..........

Personal Services......................................................

Regular Operating Expenses ..................................

...$

Motor Vehicle Purchases .

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....................................................................$

200.470.411 123,363,078 12,793,940
1,271,830 227,500 724,074 653,602
1,898,885 1,233,181 9,583,783 3,602,520
652,485 0
18,689,285 31,944,393
0 206,638,556 200,470,411

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

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 22,590,625
150,000 1,824,934
542,361

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 21,632,292
150,000 1,824,934
542,361

FRIDAY, March 13, 1998

1969

Multi-Service Centers Youth Services Administration Total

3,981,374 9.639.891 206,638,556

3,891,374 9.639.891 200,470,411

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

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....................................................................!

1.207.375.280 19,828,849 5,595,000 312,930 165,000 359,000 40,361,600 892,880 566,600 64,167,915
3,319,803,852 772,500
3,452,826,126 1,207,375,280

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office

1,536,016

733,102

1970

JOURNAL OF THE HOUSE,

Benefits, Penalties and Disallowances
System Management Indemnity Chronic Care Reimbursement Services Indemnity Acute Care Legal and Regulatory Managed Care General Administration Total

3,319,803,852 46,965,095 2,764,854 9,021,308 4,096,111 9,005,032 6,899,605 52.734.253
3,452,826,126

1,177,322,860 13,185,048 1,127,888 3,418,090 1,634,261 4,502,516 2,970,440 2,481.075
1,207,375,280

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....................................................................* Federal Funds..................................................................................* 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 32,284,616 6,198,005 9,984,927 1,192,126,884 337,425 12,190,678

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......................................................*

97.469.580 75,618,515 14,129,875
623,961 1,805,910 2,584,309 2,444,702 6,717,829

FRIDAY, March 13, 1998

1971

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....................................................................?
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....................................................................?

836,964 1,282,872
0 675,000 1,304,556
878,810 3,088,000
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
2,069,440 100.000
132,968,293
891,069
2,663,931
0
1,429,219 200,000
97,469,580

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office Program Support Historic Preservation Parks, Recreation and Historic
Sites Coastal Resources

4,860,123 3,052,646 2,807,878
37,590,909 2,241,126

?

4,845,123

?

3,052,646

?

2,317,878

?

18,481,022

?

1,746,408

1972

JOURNAL OF THE HOUSE,

Wildlife Resources Environmental Protection Pollution Prevention Assistance Total

36,295,409 45,179,865
940.337 132,968,293

?

31,193,618

$

34,892,548

$

940.337

$

97,469,580

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 ......................................................$ State Patrol Posts Repairs and Maintenance.............................$ Capital Outlay.................................................................................? Conviction Reports .........................................................................$ Total Funds Budgeted....................................................................? Indirect DOAS Service Funding...................................................$ State Funds Budgeted....................................................................?

102.499.844
61,763,329 7,801,357
104,095 4,311,500
288,190 3,147,710
28,962 1,944,147 1,132,000
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.............................?

18,775,710 1,112,113
61,941 0
62,343 9,000 47,262 273,300 69,000
0 303,651 34,900

FRIDAY, March 13, 1998

1973

Driver License Processing..............................................................$
Total Funds Budgeted....................................................................$ Indirect DOAS Service Funding...................................................? State Funds Budgeted....................................................................$

2,734.234 23,483,454
0 23,483,454

Departmental Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

21,462,654
23,483,454 59.203.736 104,149,844

$

19,962,654

$

23,483,454

$

59.053.736

$ 102,499,844

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....................................................................?

14.208.665
8,040,014 2,587,526
94,010 64,220 393,546 140,835 156,997 203,644 488,533 2,425,200 3,533,386
0 18,127,911 14,208,665

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

3,097,635
1,458,203 1,136,033 1,124,353
443,580
10.868.107 18,127,911

328,389
1,458,203 1,046,033 1,014,353
443,580
9.918.107 14,208,665

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....................................................................?

17,642.000 575,000
17.067.000 17,642,000 17,642,000

Section 26. Public Service Commission. Budget Unit: Public Service Commission..........................................?
Personal Services.............................................................................? Regular Operating Expenses.........................................................?

8,268.331 7,757,806
630,486

1974

JOURNAL OF THE HOUSE,

Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$
Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$
Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

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
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 .................................................$
State Funds Budgeted....................................................................!

1.274.231.157
1,338,027,864 204,900,000
346,859,934 146,225,000 28,448,294
971,151 351,860 991,611 4,235,000 2.100.000 2,073,110,714 42,000,000 351,125,000 402,715,057 3,039,500 1,274,231,157

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.......................................................!

182.983.070
277,667,316 70,533,799
129,277,874 42,274,927
0 2,538,415
15,749,731
4,312,000 1,974,000
146,400 7,210,000

FRIDAY, March 13, 1998

1975

Morehouse School of Medicine Grant .........................................$ Capital Outlay .................................................................................$ Center for Rehabilitation Technology .........................................$
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....................................................................$

7,394,890 0
2,762,796 4,627,775 1,403,508
600,000 200,000 1,276,071
179,214
15,889,307
480.000
586,498,023 0
118,179,756 284,791,697
543,500 182,983,070

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
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 4,919,322 1,596,456 107,064,981

15,749,731
69,672,287 55,676,738

261,493,410

3,191,829

5,118,005
26,590,566 3,413,908

3,353,970

$

26,359.705

586,498,023

1,458,968 1,677,646 1,033,675 9,025,582
7,434,021 40,486,098 32,268,352
33,027,599
3,191,829
535,878 26,590,566
0
0 26.252.856 182,983,070

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 8,550,469 3,889,958 6,702,234 29,178,576 29,178,576
0

D. Budget Unit: Lottery for Education............ Equipment, Technology and Construction

26,685,000

1976

JOURNAL OF THE HOUSE,

Trust Fund ...................................................................................$ Georgia Public Telecommunications Commission .....................$
Internet Connection Initiative ......................................................$ Special Funding Initiatives............................................................! Total Funds Budgeted....................................................................?
Lottery Funds Budgeted................................................................$

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 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....................................................................?

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 Property Tax Unit Sales Tax Unit State Board of Equalization Taxpayer Accounting Alcohol and Tobacco Total

11,225,310 10,953,876 10,723,053 16,916,970 8,257,787 17,690,512 8,449,621 4,752,350 4,011,535
20,000 4,351,652 2.411,139 99,763,805

$

11,225,310

10,803,876

9,707,853

16,776,970

7,957,787

16,390,512

8,449,621

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 .........................................................$ Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Election Expenses...........................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

28.675,070
17,743,513
3,167,952 243,800
105,650 110,182
3,005,634 2,420,255
811,880
1,513,704 597,500
29,720,070 28,675,070

FRIDAY, March 13, 1998

1977

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

$

232,882

$

29,720,070

4,213,154
4,880,807
1,844,768 1,920,679 4,294,303 1,213,572
379,088 9,695,817
232.882 28,675,070

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
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
1,306,540 245,178 41,650 27,464
13,188
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...........................................................................!

34,145,759 520,140
22,680 18,000
0 7,500
38,822

1978

JOURNAL OF THE HOUSE,

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....................................................................$

46,000 18,691
91,800 0
4,510,455
26,499,053 500,000
86,000 337,500 100,000
808,368 0
540.750 34,145,759
34,145,759

Departmental Functional Budgets

Total Funds

State Funds

Georgia Student Finance Authority Georgia Nonpublic Postsecondary
Education Commission Total

$

33,382,126

$

763.633

$

34,145,759

$

33,382,126

$

763.633

$

34,145,759

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....................................................................$ Lottery Funds Budgeted ................................................................$

217.547.965 109,842,893 29,294,427 24,657,442 15,626,661 31,735,698
800,844
215,000 3,500,000 1,125,000
750.000 217,547,965 217,547,965

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 3,550,000 260.000 17,291,170 9,590,000

Section 33. Department of Technical and Adult Education.
A. Budget Unit: Department of Technical and

FRIDAY, March 13, 1998

1979

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....................................................................*

236,550.145
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
7,947,385 0
179,386,942 51,504,409
6,019,579 19,100,225
3,488,303 8.379,096
307,555,937 236,550,145

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutional Programs
Total

$

9,630,975

* 297,924,962

$ 307,555,937

6,547,325 230,002,820
236,550,145

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................................................................*

24.384,346
0 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.......................................................................*

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

1980

JOURNAL OF THE HOUSE,

Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations ................................$
Contracts with the Georgia Rail Passenger Authority ......................................................................................!
Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

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 Budget

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 ....................................

...$

Motor Vehicle Purchases ...............................................................$
Equipment....... .................................................................................$ Computer Charges........................ ...................................................$
Real Estate Rentals .....................................................,..................$ Telecommunications......................................................................^ Per Diem, Fees and Contracts ......................................................$
Operating Expense/Payments to Medical College of Georgia .....................................................................................$
Regular Operating Expenses for Projects and Insurance ......................................................................................$
Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

19,444,310 5,031,339
195,723 92,245
0 173,265 27,100 250,711 66,850 14,339,340
7,218,941
395.500 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...........................................................................!

11.310.468 8,966,385
440,737
127,000 0
59,520 297,057

FRIDAY, March 13, 1998

1981

Real Estate Rentals ........................................................................$ Telecommunications.......................................................................$ Per Diem, Fees and Contracts ......................................................$ Payments to State Treasury..........................................................? Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................?

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).......................................................$
$

45,119,569 0
45,119,569

Section 38. Provisions Relative to Section 3, Judicial Branch. The appropriations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rate share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automation Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

Section 39. Provisions Relative to Section 4, Department of Administra tive Services. It is the intent of the General Assembly that all future purchases of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services.
Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 1998 of all vehicles or newly leased during Fiscal Year 1998.
Notwithstanding any provision of the law to the contrary, in managing any of the selfinsurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 et.seq., 50-5-1 etseq., 50-16-1 etseq. and 50-21-20 etseq., the commissioner

1982

JOURNAL OF THE HOUSE,

of administrative services may, subject to the approval of the Office of Planning and Budget, transfer funds between any such self-insurance funds or insurance programs.

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 emergency-
type 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 Lowndes County

Operation of the School of Library and Information
Services Graduate Program Clark Atlanta University
Operation of the Aviation Museum Wilkes County Airport Development
Improvements to historic Lowndes County courthouse

$ 75,000 $ 90,000 $ 86,250
$ 50,000

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 $1,960.77. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this
Act. Provided, that of the above appropriation relative to 13% incentive grants to local
school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six,
seven and eight which provide a minimum of 85 minutes of common preparation time during the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet 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 standards of need shall apply:

Number in Asst. Group

Standards of Need

Maximum Monthly Amount

1

$ 235

$ 155

2

356

235

3

424

280

4

500

330

5

573

378

6

621

410

7

672

444

8

713

470

9

751

496

10

804

530

11

860

568

Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts

FRIDAY, March 13, 1998

1983

subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval.
Provided, that of the appropriation relative to Community Mental Health/Mental Retardation and Institutions, Regional Boards will be allocated State hospital funds equal to their DHR approved formula fair share. Regional Boards must use their fair share allocation or 90% of their base year hospital utilization funding (whichever is less) to purchase State hospital services. The balance may be used for community based care in accordance with approved Regional Plans.
Section 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 appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.
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 reimbursement 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 budgeted position for the cost of departmental operations.
It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SFY 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 realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.
Section 46. Provisions Relative to Section 32, Teachers' Retirement System. It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 11.95% for S.F.Y. 1999.
Funds are provided in this appropriation act for H.B. 203.
Section 47. Provisions Relative to Section 33, Department of Technical and Adult Education. To provide authorization for the conversion of Atlanta Area Technical Institute and Savannah Regional Technical Institute to State operated institutions.
Section 48. Provisions Relative to Section 34, Department of Transporta tion. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.

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b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 34 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(l), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
Section 49. 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 retardation 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 50. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.

FRIDAY, March 13, 1998

1985

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 51. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 52. 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 53. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 54. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the tune of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 55. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1998 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each

1986

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common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.

Section 56. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate
Functional Budget or the House Functional Budget.

Section 57. 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 58. Provisions Relative to Section 37, State of Georgia General Obligation Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt service on new issues of general obligation bonds, the principal amount of which shall not exceed those listed thereby, to be used for projects and purposes listed thereby.

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
Science building at Gainesville College Arts and science instructional center
at State University of West Georgia Odum Library at Valdosta State
University Learning resource center at DeKalb
College 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

$

73,580,000

18,195,000

29,075,000

28,000,000 8,850,000

19,350,000

14,250,000

8,685,000

18,930,000

4,700,000 4,100,000 4,100,000

6,548,620 1,619,355 2,587,675 2,492,000
787,650 1,722,150 1,268,250
772,965 1,684,770
418,300 364,900 364,900

FRIDAY, March 13, 1998

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
Construct eight multi-county Forestry Commission offices
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 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

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 1,600,000 20,000,000 46,000,000 3,000,000 1,100,000
540,000 540,000
7,000,000 17,800,000
1,100,000

1987
142,400 440,550
286,580 231,400
149,075 142,400
445,000 305,715 350,215
58,295 116,145 15,130
341,315 142,400 1,780,000 4,094,000 267,000 97,900 48,060 48,060
623,000 1,584,200
97,900

1988

JOURNAL OF THE HOUSE,

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 Continued renovation of the Capitol
Museum Completion of the Capitol Education
Center 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 Probation detention centers in Terrell, Paulding and Houston Counties
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 of Georgia hospital
Purchase equipment for the Governor's Traditional Industries research projects
Food processing technology research facility at Georgia Tech
Add restrooms at Kingsland and Savannah Visitor Centers
Renovate Kingsland and Savannah Visitor Center's interiors
Planning and design of a new 75-bed

1,295,000
8,480,000
13,180,000 10,000,000 6,000,000 1,150,000 1,000,000 1,625,000 10,000,000 5,000,000
5,700,000 4,000,000
3,250,000
515,000 600,000
1,340,000
765,000 1,710,000
930,000
880,000 4,000,000
3,015,000 200,000 300,000 90,000

115,255
754,720 1,173,020
890,000 534,000 102,350 89,000 144,625 890,000 445,000
507,300 356,000
289,250
120,510 140,400
313,560
179,010 400,140 217,620 205,920 936,000
705,510
46,800
70,200 21,060

FRIDAY, March 13, 1998

1989

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

335,000
230,000 60,000 60,000 300,000
1,325,000 640,000
6,235,000 1,000,000 2,781,000

78,390
53,820 14,040 14,040 70,200
310,050 149,760 1,458,990 234,000 650,754

Section 59. 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 adjustments 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 adjustment of 4% for each state official (excluding members of the General Assembly) whose
salary is set by Act 755 (H.B. 262) of the 1978 General Assembly, as amended, as authorized in said act, Code Section 45-7-4 with the amount of the appropriation for this 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 Department 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 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 administrative 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

1990

JOURNAL OF THE HOUSE,

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 support 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 supplemental 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 60. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 1999

$ 12,528,603,880

Section 61. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 62. 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 1250.
The motion prevailed.

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 Annotated, 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 Senate substitute was read:

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 exemption for certain livestock; crops; fruit or nut bearing trees, bushes, or plants; annual and perennial plants; Christmas trees; and plants and trees grown in nurseries for transplantation elsewhere which are grown in this state and remain in the hands of a family owned qualified farm products producer; to provide for conditions and limitations; to consolidate such provisions with certain provisions regarding farm and harvested 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 laying hen is hatched; or

FRIDAY, March 13, 1998

1991

(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:
^J-U^ AJti IXPD4 ppoctucts rowH "ffl tilis stfltc flnd tcHIfliniH "tH Tftc nfuios 'Ox tftc pro* deer dtiring the one year beginning immediately after their production and harvested agricultural products which have a planting-to harveat cycle ef- 12 months r teas-, which are customarily cored or aged for a period- excess ef- ene year after harvesting and before manufacturing; and which are held m this state for manufacturing and processing purposes 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' means a family corporation, a family partnership, a family general partnership, a family limited partnership, a family limited corporation, 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 natural 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) 'Family owned qualified farm products producer' means 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 qualified farm products. A family owned qualified farm products producer shall not include wholesalers, distributors, storage facility owners, manufacturers, processors, or other similar entities that primarily prepare qualified farm products for any intermediate or final market or that primarily operate to move or facilitate the movement of qualified farm products from a producer to any intermediate or final markets. (3) 'Farm products' means only those farm products eligible to qualify for exemption from ad valorem taxation pursuant to the former provisions of paragraph (10) of Code Section 48-5-41 as it existed prior to January 1, 1999. (4) 'Harvested agricultural products' means only those harvested agricultural products eligible to qualify for exemption from ad valorem taxation pursuant to the former provisions of paragraph (10) of Code Section 48-5-41 as it existed prior to January 1, 1999. (5) 'Initial 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 laying 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. (6) 'Producer' means any entity that produces farm products. (7) 'Qualified farm products' means livestock; crops; fruit or nut bearing trees, bushes, or plants; annual and perennial plants; Christmas trees; and plants and trees grown

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JOURNAL OF THE HOUSE,

in nurseries for transplantation elsewhere. Qualified farm products shall not include
standing timber. (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 the producer
during the one year beginning immediately after their initial production; (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; and (3) All qualified farm products grown in this state:
(A) Remaining in the hands of a family owned qualified farm products producer; (B) Still in their natural and unprocessed condition, unless processed solely for fur-
ther use in the production of other qualified farm products; and (C) Not held for direct retail sale by someone other than the original family owned
qualified farm products producer."

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 submitting this Act to the electors of the State of Georgia for approval or rejection. The Secretary 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 ( ) NO

Shall the Act be approved which exempts from ad valorem taxation livestock; crops; fruit or nut bearing trees, bushes, or plants; annual and perennial plants; Christmas trees; and plants and trees grown in nurseries for transplantation elsewhere so long as such items are grown in this state and remain in the hands of a family owned qualified farm products
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 conducted as provided in this section, Sections 1, 2, and 3 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 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.

Representative Ray of the 128th moved that the House agree to the Senate substitute to HB 1350.
On the motion, the ayes were 124, nays 0.
The motion prevailed.

FRIDAY, March 13, 1998

1993

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 relating to identification of boats taking shrimp; to provide for a recreational fishing license for all waters of this state.

The following Senate amendments were read:

Senate Amendment No. 1 Amend HB 1352 by striking line 39 on page 2 and inserting in lieu thereof the following:

(d) Notwithstanding the provisions of subsection (c) of this Code section, no license shall be required to fish with permission of the owner from noncommercial premises not open to the public, including docks and foreshores of such premises.'"
Senate Amendment No. 2
Amend HB 1352 by striking the quotation marks at the end of line 39 on page 2 and by adding after line 39 on page 2 the following:
"(d) A resident or nonresident of this state may fish in the waters of this state without having or carrying a license at a facility or on a charter boat licensed pursuant to the provisions of Code Section 27-2-23.2.'"
By adding after line 31 on page 12 the following:
"SECTION 10.
Said title is further amended by adding after Code Section 27-2-23.1, relating to raccoon fur seller's license, a new Code Section 27-2-23.2 to read as follows:
'27-2-23.2.
(a) Any United States Coast Guard licensed captain operating a charter fishing vessel and any person operating a hotel, motel, or other resort having a fishing pier or piers may purchase one fishing license pursuant to the provisions of this Code section covering all persons fishing from such vessel or pier.
(b) Fees for charter fishing and pier licenses shall be $400.00 per year for each vessel and $400.00 per year for all piers operated by any one hotel, motel, or other resort.
(c) Each operator of a charter fishing vessel or pier licensed pursuant to this Code section shall maintain at all times a log book showing the names of persons accommodated under the vessel or pier fishing license each day and such other information as may be required by the department.
(d) Each person required to maintain records pursuant to the provisions of subsection (c) of this Code section shall report such information at such times and in such manner as the board provides by rule or regulation.'"
By renumbering existing Sections 10 through 16 as Sections 11 through 17, respectively.
Senate Amendment No. 3
Amend HB 1352 by striking lines 6 and 7 on page 10 and inserting in lieu thereof the following:

1994

JOURNAL OF THE HOUSE,

"(2) Resident hunting fishing license

Season i&ee 17.00"

By striking line 12 on page 10 and inserting in lieu thereof the following:

"(A) Resident fishing license

Season 9^6 8.00"

Representative Lane of the 146th moved that the House disagree to the Senate amendments to HB 1352.
On the motion, the ayes were 106, nays 14.
The motion prevailed.

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 Annotated, relating to controlled substances, so as to change the listing of controlled substances and dangerous drugs; to delete certain penalty provisions relating to carisoprodol.

The following Senate substitute was read:

A BILL
To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of controlled substances and dangerous drugs; to delete certain penalty provisions relating to carisoprodol; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by striking the period and inserting a semicolon at the end of subparagraph (AA) of paragraph (6) of Code Section 16-13-27, relating to Schedule III controlled substances, and inserting immediately thereafter the following:
"(7) Ketamine."
SECTION 2. Said chapter is further amended by adding in the appropriate position in subsection (a) of Code Section 16-13-28, relating to Schedule IV controlled substances, the following:
"(30.15) Sibutramine;".
SECTION 3. Said chapter is further amended by striking from subsection (b) of Code Section 16-13-71, listing the dangerous drugs, the following paragraphs:
(12.1) Reserved; (258) Dexbrompheniramine; (399) Reserved; (411.5) Ganciclovir sodium; (508) Ketamine; (509.1) Ketoconazole;".
SECTION 4. Said chapter is further amended by adding in the appropriate positions in subsection (b) of Code Section 16-13-71, listing the dangerous drugs, the following paragraphs:
"(3.5) Acetic acid, glacial; (12.1) Acitretin;

FRIDAY, March 13, 1998

1995

(44.3) Amlexanox; (50.3) Anagrelide; (62.7) Ardeparin; (68.13) Atorvastatin; (72.4) Azelastine; (83.5) Bentoquatam See exceptions; (94.5) Betaine, anhydrous; (107.5) Brimonidine; (116.05) Buprenorphine; (119.05) Butenafme; (122.5) Cabergoline; (159.8) Cerivastatin; (236.6) Daclizumab; (237.7) Danaparoid; (244.5) Delavirdine; (258) Dexbrompheniramine See exceptions; (316.5) Donepezil; (379.07) Etomidate; (383.3) Ferumoxides; (383.4) Ferumoxsil; (399) Fluoxetine; (406.5) Fosfomycin; (406.9) Fosphenytoin; (411.5) Ganciclovir; (415.03) Glatiramer; (446.6) Hyaluronan; (446.7) Hyaluronic acid; (466.5) Imiquimod; (506.8) Ivermectin; (508) Reserved; (509.1) Ketoconazole See exceptions; (517.2) Levofloxacin; (546.5) Meclocycline; (615.6) Mibefradil; (617.1) Midodrine; (617.4) Miglitol; (638.8) Nelfmavir; (644.4) Nilutamide; (661.8) Olanzapine; (663.2) Olopatadine; (692.8) Penciclovir; (703.03) Pentosan; (727.2) Phenytoin; (743.3) Podofilox; (831.02) Raloxifene; (845.5) Ropivacaine; (851.03) Samarium SM 153 lexidronam; (883.8) Sparfloxacin; (931.1) Tamsulosin; (931.3) Tazarotene; (966.6) Tiludronate; (967.7) Tizanidine;
(973.1) Topiramate;
(973.4) Toremifene;
(973.9) Tranexamic acid;
(1003.5) Troglitazone;
(1024.5) Valsartan;

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(1042.01) Zafirlukast; (1042.4) Zileuton; (1042.7) Zinc acetate see exceptions;".
SECTION 5. Said chapter is further amended by striking from subsection (c) of Code Section 16-13-71, listing the dangerous drugs, the following:
"(14.2) Minoxidil when used with a strength up to 2 percent in a topical skin product; (23) Pseudoephedrine where the dosage unit is not more than 60 mg. or, when manufactured to release the drug in delayed action slow time release, where the dosage unit is not more than 120 mg.; (27.5) Tioconazole when used with a strength up to 1 percent in a topical product;".
SECTION 6. Said chapter is further amended by adding in the appropriate positions in subsection (c) of Code Section 16-13-71, listing the dangerous drugs, the following:
(3.5) Bentoquatam when used with a strength of 5 percent or less in topical preparations; (7.9) Dexbrompheniramine when a single dosage unit is 6 mg. or less; (12.3) Ketoconazole when used with a strength of 1 percent or less in topical preparations; (14.2) Minoxidil when used with a strength of 5 percent or less in topical preparations; (23) Pseudoephedrine when a single dosage unit is 60 mg. or less or when manufactured in an extended release form with a dosage unit of 240 mg. or less; (27.5) Tioconazole when used with a strength of 1 percent or less in topical preparations or when used with a strength of 6.5 percent or less in vaginal preparations; (29.5) Zinc acetate when used in topical preparations;".
SECTION 7. Said chapter is further amended by striking subsection (d) of Code Section 16-13-79, relating to penalties, which reads as follows:
"(d) Any person who obtains carisoprodol by fraud, theft, deceit, misrepresentation, subterfuge, forgery or alteration of a prescription or written order, concealment of a material fact, or the use of a false name shall be guilty of a felony and punished by imprisonment for not less than one year nor more than three years or by a fine not to exceed $5,000.00 or both."
SECTION 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

Representative Parham of the 122nd moved that the House agree to the Senate substitute to HB 1252.
On the motion, the ayes were 114, nays 0.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

FRIDAY, March 13, 1998

1997

HB 609. By Representatives Polak of the 67th, Royal of the 164th, Jamieson of the 22nd, Buck of the 135th and Skipper of the 137th:
A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax.

Representative Polak of the 67th moved that the House insist on its position in disagreeing to the Senate substitute to HB 609 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 Polak of the 67th, Culbreth of the 132nd and Skipper of the 137th.

The following Bills and Resolution of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

HB 1474. By Representative Polak of the 67th:
A bill to amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding tax exemptions, so as to change certain qualifications with respect to homestead exemptions.

The following Senate substitute was read:

A BILL
To amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding tax exemptions, so as to change certain qualifications with respect to homestead exemptions; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding tax exemptions, is amended by striking paragraph (3) and inserting in its place a new paragraph (3) to read as follows:
"(3) 'Homestead' means the real property owned by and in possession of the applicant on January 1 of the taxable year and upon which the applicant resides including, but not limited to, the land immediately surrounding the residence to which the applicant has a right of possession under a bona fide claim of ownership. The term 'homestead' includes the following qualifications:
(A) The actual permanent place of residence of an individual who is the applicant and which constitutes the home of the family; (B) Where the person who is the applicant holds the bona fide fee title (although subject to mortgage or debt deed), an estate for life, or under any bona fide contract of purchase providing for the conveyance of title to the applicant upon performance of the contract; (C) Where the building is occupied primarily as a dwelling; (D) Where the children of deceased or incapacitated parents occupy the homestead of their parents and one of the children stands in the relation of applicant. This subparagraph shall apply whether or not the estate is distributed;

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(E) Where a husband or wife occupies a dwelling and the title of the homestead is in the name of the wife; (P) In the event a dwelling house which is classed as a homestead is destroyed by fire, flood, storm, or other unavoidable accident or is demolished or repaired so that the owner is compelled to reside temporarily in another place, the dwelling house shall continue to be classed as a homestead for a period of one year after the occurrence; (G) In the event an individual who is the applicant owns two or more dwelling houses, he shall be allowed the exemption granted by law on only one of the houses. Only one homestead shall be allowed to one immediate family group; (H) Where property is owned and occupied jointly by two or more individuals all of whom occupy the property as a home and if the property is otherwise entitled to a homestead exemption, the homestead may be claimed in the names of the joint owners residing in the home. Where the property on which a homestead exemption is claimed is jointly owned by the occupant and others, the occupant or occupants shall be entitled to claim the full amount of the homestead exemption; (I) The permanent place of residence of an individual in the armed forces. Any such residence shall be construed to be actually occupied as the place of abode of such individual when the family of the individual resides in the residence or when the family is forced to live elsewhere because of the individual's service in the armed forces; (J) Absence of an individual from his residence because of duty in the armed forces shall not be considered as a waiver upon the part of the individual in applying for a homestead exemption. 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 commissioner shall grant the homestead exemption to the individual who is absent in the armed forces; (K) The fe aU classes defined subparagraphs {A} through (&} of this paragraph, the homestead exempted must be actually occupied as the permanent residence and place of abode by the applicant awarded the exemption, and the homestead shall be the legal residence and domicile of the applicant for all purposes whatever; f (L) In all counties having a population of not less than 15,000 nor more than 15,350, according to the United States decennial census of 1990 or any future such census, where the person who is the applicant holds real property subject to a written lease; the applicant has held the property subject to such a lease for not less than three years prior to the year for which application is made; and the applicant is the owner of all improvements located on the real property and (M) The deed reflecting the actual ownership of the property for which the applicant seeks to receive a homestead exemption must be recorded in the deed records of the county prior to the filing of the application for the homestead exemption."
SECTION 2. This Act shall become effective on January 1, 1999, and shall be applicable to all taxable years beginning on or after that date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Polak of the 67th moved that the House agree to the Senate substitute to HB 1474.
On the motion, the ayes were 97, nays 0.
The motion prevailed.

FRIDAY, March 13, 1998

1999

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 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.

The following Senate 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 exempt full-time municipal and city court judges from said restrictions; 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; to provide that district attorneys emeritus shall be exempt from restrictions on possessing firearms; to provide an exemption for members and retired members of the Georgia State Patrol and agents and retired agents of the Georgia Bureau of Investigation; to provide an exemption for certain law enforcement chief executives, retired law enforcement chief executives, police officers, and retired police officers; to change certain provisions relating to carrying a pistol or revolver on or off duty; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-11-130 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 paragraphs (1) and (12) of subsection (a) and inserting in lieu thereof the following:
"(1) Peace officersj as such term is defined in paragraph (11) of Code Section 16-1-3, and retired peace officers so long as they remain certified 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 similar privilege for the peace officers of this state;" "(12) State and federal trial and appellate judges and full-time judges of municipal and city courts."
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 penalties for destroying or injuring police dogs or police horses, is amended by striking subsection (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.

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(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."
SECTION 2. Said Code section is further amended by striking in its entirety paragraph (5) of subsection (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, emd assistant district attorneys^ and district attorneys emeritus;".
SECTION 3. Said Code section is further amended by striking subsection (c) and inserting in its place a new subsection to read as follows:
"(c) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect any; (1) Sheriff sheriff, retired sheriff, deputy sheriff, or retired deputy sheriff if such retired deputy sheriff is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47; (2) Member of the Georgia State Patrol or agent of the Georgia Bureau of Investigation OT retired member of the Georgia State Patrol or agent of the Georgia Bureau of Investigation if such retired member or agent is receiving benefits under the Employees' Retirement System; (3) Full-tune law enforcement chief executive engaging in the management of a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that is registered or certified b_ the Peace Officer Standards and Training Council: or retired law enforcement chief executive that formerly managed a county, municipal. state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that was registered or certified at the time of his or her retirement b_ the Peace Officer Standards and Training Council, if such retired law enforcement chief executive is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system; or (4) Police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that is registered or certified by the Peace Officer Standards and Training Council, or retired police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that was registered or certified at the time of his or her retirement by the Peace Officer Standards and Training Council, if such retired employee is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal. State of Georgia, state authority, or federal retirement system.
In addition, any such sheriff, retired sheriff, deputy sheriff, er retired deputy sheriff, active or retired law enforcement chief executive, or other law enforcement officer referred to in this subsection shall be authorized to carry a pistol or revolver on or off

FRIDAY, March 13, 1998

2001

duty anywhere within the state and the provisions of Code Sections 16-11-126 through 16-11-128 shall not apply to the carrying of such firearms."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Kaye of the 37th moved that the House agree to the Senate substitute to HB 1425.
On the motion, the ayes were 97, nays 0.
The motion prevailed.

HR 1067. By Representative Orrock of the 56th:
A resolution authorizing the lease of certain state owned real property located in Fulton County.

The following Senate substitute was read:

A RESOLUTION
Authorizing the lease of certain state owned real property located in Fulton County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
ARTICLE I
WHEREAS, the Georgia Department of Transportation is the owner of certain real property located in Fulton County, Georgia; and
WHEREAS, said real property is described as follows:
All that tract or parcel of land lying and being in Land Lot 15 of the 14th Land District of Fulton County, being more particularly described as follows:
BEGINNING at the intersection of the Freedom Parkway with the western side of Highland Avenue extending westerly approximately 500 feet to include the right of way area located within the existing interior curbed area formed by the westbound lane of the Freedom Parkway, eastbound lane of the Freedom parkway and the connector lane extending from the eastbound lane of the Freedom Parkway to the westbound lane of the Freedom Parkway;
and
WHEREAS, the Carter Center, Inc., is desirous of obtaining a lease of the real property in order to enhance the beauty of the grounds around the Carter Center and to maintain the real property as a roadside park; and
WHEREAS, the Georgia Department of Transportation is in favor of granting this lease and will receive benefit therefrom; and
WHEREAS, in the case styled DEPARTMENT OF TRANSPORTATION. STATE OF GEORGIA. Condemnor. vs. 7.802 ACRES OF LAND; Certain Easement Rights; and the CITY OF ATLANTA. GEORGIA. Condemnees, and DAVID VAUGHN, et aL, Intervenors, being Civil Action File No. 88-6429-3, Superior Court of DeKalb County, Georgia, the parties thereto reached a Settlement Agreement which was made an order of the Superior Court of DeKalb County by order dated June 25, 1992 ("Order").
ARTICLE II
WHEREAS, the Georgia Department of Transportation is the owner of certain real property located in Fulton County, Georgia; and

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WHEREAS, said property is described as follows:
All that right of way area located in Fulton County and the City of Atlanta owned by the Georgia Department of Transportation for State Route 10, known as the Freedom Parkway, being specifically that section of right of way located east of Boulevard, west of Elizabeth Street and north of Houston Street. LESS and EXCEPT all that right of way necessary for maintenance of the aforesaid roadway facility;
and
WHEREAS, the City of Atlanta is desirous of obtaining a lease of the real property in order to enhance the beauty of the city and to maintain the real property as a bike path, multiuse trail, and roadside park.
ARTICLE III
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. That the Georgia Department of Transportation is the owner of the real property described in Article I of this resolution and is hereby authorized to lease to the Carter Center, Inc., such described real property to enhance the beauty of the grounds around the Carter Center and to maintain the real property as a roadside park.
SECTION 2. That the lease of such real property as provided for in Section 1 of this resolution shall be granted by appropriate instrument to the Carter Center, Inc., by the Georgia Department of Transportation, acting by and through its commissioner, for a consideration of the continuing performance by the Carter Center, Inc., of the necessary maintenance of such real property to ensure its use and enjoyment as a roadside park in implementation and compliance with the Order of the Superior Court of DeKalb County, for the consideration of the structures, improvements, and enhancements that may be placed upon such real property, and upon such further conditions and consideration as determined by the commissioner to be in the best interest of the State of Georgia.
SECTION 3. That the lease of such real property as provided for in Section 1 of this resolution shall be for a period of 95 years.
SECTION 4. That the Georgia Department of Transportation is the owner of the real property described in Article II of this resolution and is hereby authorized to lease to the City of Atlanta such described real property to enhance the beauty of the city and to maintain the real property as a bike path, multiuse trail, and roadside park.
SECTION 5. That the lease of such real property as provided for in Section 4 of this resolution shall be granted by appropriate instrument to the City of Atlanta by the Georgia Department of Transportation, acting by and through its commissioner, for a consideration of the continuing performance by the city of the necessary maintenance of such real property to ensure its use and enjoyment as a bike path, multiuse trail, and roadside park and for the consideration of the structures, improvements, and enhancements that may be placed upon such real property and upon such further conditions and consideration as determined by the commissioner to be in the best interest of the State of Georgia.
SECTION 6. That the City of Atlanta, acting by and through its council and mayor, shall execute on or before October 1, 1998, said lease agreement of the real property described in Section 4 of this resolution and an acknowledgment that the real property will remain with the city provided the property is maintained as a bike path, multiuse trail, and roadside park

FRIDAY, March 13, 1998

2003

for the benefit of the citizens of the state. In the event the city does not execute said lease and provide said acknowledgement, the department may maintain, dispose, or otherwise manage said property as provided by law.
SECTION 7. That the lease of such real property as provided for in Section 4 of this resolution shall be for a period of 99 years.
SECTION 8. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 9. That all laws and parts of laws in conflict with this resolution are repealed.

Representative Orrock of the 56th moved that the House agree to the Senate substitute to HR 1067.
On the motion, the ayes were 91, nays 0.
The motion prevailed.

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.

The following Senate 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 certain 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 victims 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 purposes; 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 personal watercraft, and inserting in lieu thereof a new Code Section 52-7-8.2 to read as follows:
"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.

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(i)(2) 'Class A vessel' means a boat less than 16 feet in length. ffiK3) '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 propulsion; (B) Is designed with the concept that the operator and passenger ride on the outside 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 propulsion is a propeller, and any vessels commonly known as a 'jet ski.' (4) 'Under the direct supervision' means within sight of and within 400 yards of a person who is not under the influence of alcohol or drugs to a degree which woukTconstitute a violation of Code Section 52-7-12 were such person operating the vessel an? who is aware of his or her supervisory responsibility. (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 stay be rented, leased?
OF iCfc tO ft pCFSOIl &6 ~4z ulTOUft J.O yOftTS n SUC11 6CF9OH 19 CLCCOflftf^ftDICO Oy B&u QJ!1(16P
the deet supervision ef t adult 18 yearn ef age er elder: Seh pewen shall be tmder direct supervision if he er- she is within sight er hearing distance ef the adult. (d) No person shall operate a personal watercraft on the waters of this state after sunset or before sunrise; unless, such person is engaged in the enforcement of the laws of this state or this nation. (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 cutoff 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 operator, 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 miles per hew at a speed greater than idle speed within 100 feet of any moored or anchored vessel; any vessel adrift, or any ahere; wharf, dock, pier, piling, bridge structure or abutment, er a person in the water2 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.

FRIDAY, March 13, 1998

2005

(1) On and after June 1, 1995, no person under the age of 16 years shall operate a personal 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; if an adtt& 18 yean of age er elder aboard- the vessel aad saeh adult is net in violation ef the provisions f Code Section 62'7-12, reiat-
er if he er she is trader the direct supervision -of-an hrit 48 years -ef -age -or -elder -who is act under the influence of ateehel er-drags as provided in ede Section 62-7-12. -Sack pcroon shall be under direct supervision if be er she is within sight er hearing diotoneo el the adttlt or is under direct supervision by an adult age 18 or over. 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 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 aatess streh child ef ward has either successfully completed a personal watcreroft safety program approved by the department; is accompanied aboard- the vessel by an- adult 18- years- ef- age- er eWer whe
19 DOtf Hx VIOiftulOW or DAG pFOV191Oll8 'O* v^Ouc OCCllOU us I m i.at Flfi(ln T Ut6 OpcPaulOfl
uUGGv supervision 31 OR ctuun "io ycftfs of *d "&t ddcr wiio is ttot uncid? UIG uuiuonco ef akehel er drugs as provided ede Section 62-7-12. rFhe deportment ay; tetrtshaH net be required te? conduct er provide personal watercraft safety courses te the public."
SECTION 2. Said article is further amended by inserting a new Code Section 52-7-8.3 to read as follows:
"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 identification. (b) No person under the age of 16 shall operate any vessel other than a personal watercraft or nonmotorized Class A vessel on any of the waters of this state unless such person:
(1) Is accompanied by an adult age 18 or over who is authorized to operate such vessel under the provisions of subsection (a) of this Code section; (2) Has completed a safe boating course approved by the department or is under direct supervision by an adult age 18 or over; or (3) Is operating a Class A vessel utilizing mechanical means of propulsion of ten horsepower or less and has completed a safe boating course approved by the department. (c) No person under the age of 12 shall operate any Class 1, 2, or 3 vessel or any personal 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 mechanical means of propulsion not exceeding 30 horsepower only where such person is accompanied 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:

2006

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(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 400 yards 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 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)(A) As used in this paragraph, the term 'medical facility' means any licensed general or specialized hospital, institutional infirmary, public health center, or diagnostic and treatment center. The term also includes, without being limited to, any building or facility, not under the operation or control of a hospital, which is primarily devoted to the provision of surgical treatment to patients not requiring hospitalization and which is classified by the Department of Human Resources as an ambulatory surgical treatment center. (B) Any:
(i) Physician, including any doctor of medicine licensed to practice under the laws of this state; (ii) Licensed registered nurse employed by a medical facility; (iii) Security personnel employed by a medical facility; or (iv) Other personnel employed by a medical facility whose employment duties involve the care and treatment of patients therein having cause to believe that a patient has had physical injury or injuries inflicted upon him or her as a result of a reportable boating accident shall report or cause reports to be made in accordance with this paragraph. (C) An oral report shall be made immediately by telephone or otherwise and shall be followed by a report in writing, if requested, to the person in charge of the medical facility or his or her designated delegate. The person in charge of the medical facility or his or her designated delegate shall then notify the local law enforcement agency having primary jurisdiction in the area in which the medical facility is located of the contents of the report. The report shall contain the name and address of the patient, the nature and extent of the patient's injuries, and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator. (D) Notwithstanding any other provision of law, copies of medical records relating to the treatment of such patient shall be furnished to the investigatory law enforcement officer of the department, or any local, state or federal law enforcement agency upon receipt of a written request or subpoena issued by such law enforcement agency or the prosecuting attorney having jurisdiction over such accident. Such medical records shall be handled in a manner which assures the confidentiality of such records.
(E) Any person or persons participating in the making of a report or causing a report to be made to the appropriate police authority pursuant to this paragraph or participating in any judicial proceeding or any other proceeding resulting therefrom shall in so doing be immune from any civil liability that might otherwise be incurred or imposed, providing such participation pursuant to this paragraph shall be in good faith."
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:

FRIDAY, March 13, 1998

2007

"(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), (h), and (i) 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 vessel which is moored, anchored, or adrift outside normal traffic channels, 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. This subsection shall not be interpreted to prohibit any person from initiating or terminating waterskiing from any wharf, dock, or pier owned by such person or used by such person with the permission of the owner of said wharf, dock, or pier nor shall it be interpreted to prohibit the immediate return of a tow vessel to a downed water skier. (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 compliance 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. (i) Subsections (f), (g), and (h) of this Code section shall not apply to ocean-going ships or to tugboats or other powered vessels which are assisting ocean-going ships during transit or during docking or undocking maneuvers."
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

Representative Channel! of the lllth moved that the House disagree to the Senate substitute to HB 1394.
On the motion, the ayes were 80, nays 18.
The motion prevailed.

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 Annotated, known as the "Employment Security Law," so as 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.

2008

JOURNAL OF THE HOUSE,

The following Senate amendment was read:

Amend HB 1140 by striking from lines 18 and 19 on page 1 the following:
"as complying with Code Section 33-9-40.2".
By adding on line 29 of page 1 between the semicolon and the word "to" the following:
"to provide that the State Board of Workers' Compensation is authorized to certify certain employers who meet the criteria set forth in Article 11 of Chapter 9 of Title 34; to amend Article 11 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to drug-free workplace programs, so as to provide that a self-insured employer or employer member of a group self-insurance fund who implements a certain drug-free workplace program and who complies with certain other provisions of law shall be certified by the State Board of Workers' Compensation as having a drug-free workplace program; to define certain terms;".
By striking from lines 26 and 27 of page 2 the following:
"as complying with Code Section 33-9-40.2",
and inserting in lieu thereof the following:
"pursuant to Article 11 of Chapter 9 of this title".
By striking from line 27 of page 5 the following:
"as complying with Code Section 33-9-40.2",
and inserting in lieu thereof the following:
"pursuant to Article 11 of Chapter 9 of this title".
By adding on line 39 of page 5 between the period and the word "This" the following:
"For purposes of this Code section, the State Board of Workers' Compensation is authorized to certify any employer as defined in Code Section 34-8-33 so long as such employer otherwise meets the criteria set forth in Article 11 of Chapter 9 of Title 34."
By redesignating Sections 8 and 9 on page 8 as Sections 10 and 11, respectively, and inserting between lines 13 and 14 on page 8 the following:
"SECTION 8.
Article 11 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to drug-free workplace programs, is amended in Code Section 34-9-411, relating to definitions applicable to drug-free workplace programs, by adding in their respective places the following new paragraphs:
'(7.1) "Employer member of a group self-insurance fund" means any employer who is a member of a fund certified pursuant to Code Section 34-9-153.'
'(14.1) "Self-insured employer" means any employer certified pursuant to Code Section 34-9-127.'
SECTION 9.
Said article is further amended by adding between Code Sections 34-9-412 and 34-9-413, relating to drug-free workplace programs, a new Code Section 34-9-412.1 to read as follows:
'34-9-412.1.
A self-insured employer or an employer member of a group self-insurance fund who implements a drug-free workplace program substantially in accordance with Code Section 34-9-413 and who complies with all other provisions of this article required of

FRIDAY, March 13, 1998

2009

employers in order to qualify for insurance premium discounts shall be certified by the State Board of Workers' Compensation as having a drug-free workplace program in compliance with this article.'"

Representative Smith of the 109th moved that the House agree to the Senate amendment to HB 1140.
On the motion the ayes were 105, nays 0.
The motion prevailed.

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 Annotated, 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 Senate amendment was read:

Amend the Committee substitute to HB 1130 by inserting the word "or" at the end of line 17 of page 3, by striking line 18 of page 3 through line 17 of page 4, and by striking "(5)" and inserting in lieu thereof "(4)" on line 18 of page 4.

Representative Williams of the 83rd moved that the House agree to the Senate amendment to HB 1130.
On the motion the ayes were 96, nays 1.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 1315. By Representatives Purcell of the 147th, DeLoach of the 172nd, Lane of the 146th, Banner 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.

Representative Purcell of the 147th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1315 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 Purcell of the 147th, Hanner of the 159th and DeLoach of the 172nd.

The following Bills of the House were taken up for the purpose of considering the Senate amendment or substitutes thereto:

2010

JOURNAL OF THE HOUSE,

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 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 an effective date.

The following Senate substitute was read:

A BILL
To amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to change provisions relating to administration of ad valorem taxation; to provide for the disposition of certain tax penalties and interest; to change provisions relating to qualification for freeport tax exemption for certain agricultural property; 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 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," is amended in 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, 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. Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 48-5-48.2, relating to the freeport exemption, and inserting in its place a new paragraph (1) to read as follows:
"(1) Inventory of goods in the process of manufacture or production which shall include all partly finished goods and raw materials held for direct use or consumption in the ordinary course of the taxpayer's manufacturing or production business in this state. The exemption provided for in this paragraph shall apply only to tangible personal property which is substantially modified, altered, or changed in the ordinary course of the taxpayer's manufacturing, processing, or production operations in this state. For purposes of this paragraph, the cleaning, drying, pest control treatment, or segregation by grade of grain, peanuts or other oil seeds, or cotton shall constitute substantial modification in the course of processing or production operations. For purposes of this paragraph, remanufacture of aircraft engines or aircraft engine parts or components shall constitute manufacturing operations in this state. Remanufacture of aircraft engines or aircraft engine parts or components means the substantial overhauling or rebuilding of aircraft engines or aircraft engine parts or components;".
SECTION 3. This Act shall become effective on July 1, 1998.

FRIDAY, March 13, 1998

2011

SECTION 4. 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 Williams of the 83rd move to amend the Senate substitute to HB 1178 by inserting between "interest;" and "to" on line 5 of page 1 the following:
"to provide for procedures regarding the determination of eligibility of property for the freeport exemption;".
By inserting between lines 2 and 3 of page 3 the following:
"SECTION 1A.
Said title is further amended by adding a new subsection at the end of Code Section 48-5-48.1, relating to the tangible personal property inventory exemption, to be designated subsection (d), to read as follows:
'(d) Upon receiving the application required by this Code section, the county board of tax assessors shall determine the eligibility of all types of tangible personal property listed on the application. If any property has been listed which the board believes is not eligible for the exemption, the board shall issue a letter notifying the applicant that all or a portion of the application has been denied. The denial letter shall list the type and total fair market value of all property listed on the application for which the exemption has been approved and the type and total fair market value of all property listed on the application for which the exemption has been denied. The applicant shall have the right to appeal from the denial of the exemption for any property listed and such appeal shall proceed as provided in Code Section 48-5-3111. Except as otherwise provided in subparagraph (c)(2)(A) of this Code section, the county board of assessors shall not send a second letter of notification denying the exemption of all or a portion of such property listed on the application on new grounds that could and should have been discerned at the time the initial denial letter was issued.'"

Representative Royal of the 164th moved that the House agree to the Senate substitute, as amended by the House, to HB 1178.
On the motion the ayes were 103, nays 0.
The motion prevailed.

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 Program.

The following Senate 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 provide 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 provide for contracts; to provide for rules and regulations; to provide for audits and reports;

2012

JOURNAL OF THE HOUSE,

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 Assistance Program (SNAP).'
2-17-2.
As used in this chapter, the term: (1) 'Department' means the Georgia Department of Agriculture. (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. (6) 'State nutrition information organization' 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 its mission, fosters and promotes general health through nutrition education of the public.
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 and all administrative costs shall be reimbursed to the department from the funds described in subsection (a) of this Code section. (c) All food purchases made through the use of program funds shall be made in accordance 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 Agriculture. (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 incidental costs. (e) The department shall contract with regional food banks for the operation of the program. The department, in conjunction with regional food banks, is authorized to take

FRIDAY, March 13, 1998

2013

appropriate actions, including the entry of subcontracts, to ensure uniform access to the program by needy residents of this state. The department may contract with a state nutrition information organization to provide nutrition education as part of the program to 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 others 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 department 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 distributed, the number of people and households served in each county, and the type and weight of food purchased. Within 180 days of the end of the state's fiscal year, the Commissioner 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 preceding fiscal year, the quantity and dollar value of Georgia products distributed, the number 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.

Representative James of the 140th moved that the House disagree to the Senate substitute to HB 1253.
The motion prevailed.

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.

2014

JOURNAL OF THE HOUSE,

The following Senate amendment was read:

Amend HB 1522 on line 31 of page 1 by striking the following: "July 1,1998", and inserting in lieu thereof the following: "January 1, 1999".

Representative Martin of the 47th moved that the House agree to the Senate amendment to HB 1522.
On the motion, the roll call was ordered and the vote was as follows:

Alien E Anderaon YAshe Y Bailey Y Bannister
Barfoot Barnard YBaraes E Bates Y Benefield YBirdsong
YBohannon Y Bordeaux Y Bradford YBreedlove
Y Bridges Y Brooks Y Brown
YBuck YBuckner YBunn
Y Burkhalter
Byrd Y Campbell Y Canty YCash YChannell Y Childers
Clark YCoan
Y Coleman, B Y Coleman, T Y Connell Y Cooper
Crawford Y Crews

Y Culbreth Y Cummings Y Davis, G
Da , M YDay E DeLoach, B
Y DeLoach, G YOU YDuon
Dobbs
Dukes Y Era-hart
Epps Y Evans
Everett Felton Floyd Y Franklin E Golden Y Graves Greene Y Grindley Y Hammontree Hanner Y Harbin Y Heard YHecht Heckstall Y Hegstrom YHenson
Y Holland Holmes
Y Houston
Howard Y Hudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin
Y Jackson James Jamieson
YJenkins Johnson
Y Johnston Jones
Y Joyce Kaye
YLadd YLakly
YLane YLee Y Lewis
Lord
Lucas Maddoi YMann Y Manning
Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall E McClinton
McKinney Y Mills Y Mobley Y Mosley Y Mueller YO'Neal
Orrock YParham

YParrish Y Parsons
Pelote Y Perry
Y Pinholster YPoag YPolak
Ponder Porter Y Powell Purcell
YRagas Randall
YRay Y Reaves Y Reichert YRice Y Richardson
Roberts Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y 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 Smith, P
Y Smith, T Y Smith, V YSmyre YSnelling
Snow YStallings Y Stancil, F Y Stancil, S
Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper
Thomas Tilhnan
Y Titus Y Tolbert ETrense
Turnquest Twiggs Y Walker, L Y Walker, R.L Watson Y West Y Westmorland YWhitaker Y Wiles Williams, B Y Williams, J Williams, R Y Worthan
YYates Murphy, Spkr

On the motion, the ayes were 125, nays 0. The motion prevailed.

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 Annotated, relating to the cancellation of record of certain security instruments, so as to require the grantee of such instrument to secure the proper satisfaction or cancellation of record of the instrument by the clerk of the superior court.

The following Senate substitute was read:

FRIDAY, March 13, 1998

2015

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 grantee or 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 certain rights to holders of certain security instruments; to change the provisions relating to the civil penalty for failure to comply; 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 cancellation of record of certain security instruments, is amended by striking in their entirety subsections (b) and (c) and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b)(l) Whenever the indebtedness secured by any instrument is paid in full, the grantee or holder of the instrument, within 60 days of the date of the full payment, shall cause to be furnished to the gfaatef at the grantor's test fcnew addrcaa as shewn es the records ef the grantee er te the clerk of the superior court of the county or counties 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 or 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 or 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. (2) Notwithstanding paragraph (1) of this subsection, if an attorney at law remits the pay-off balance of an instrument to a grantee or holder on behalf of a grantor, the grantee or holder may direct the clerk of the court to transmit to such attorney the original cancellation or satisfaction document. (3) A grantee or holder shall be authorized to add to the pay-off amount the costs of recording a cancellation or satisfaction of an instrument. (c) Upon the failure of the grantee or holder to transmit properly a legally sufficient satisfaction or cancellation as provided in this Code section, the grantee or holder shall be liable to the grantor for the sum of $500.00 as liquidated damages and, in addition thereto, for such additional sums for any loss caused to the grantor plus reasonable attorney's fees. The grantee or holder shall not be liable to the grantor if he or she demonstrates reasonable inability to comply with subsection (b) of this Code section; and the grantee or holder shall not be liable to the grantor unless and until a written demand for the transmittal is made."
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 Buck of the 135th moved that the House agree to the Senate substitute to HB 1144.
On the motion, the roll call was ordered and the vote was as follows:

Alien E Anderaon YAahe Y Bailey Y Bannister

Barfoot Y Barnard Y Barnes E Bates Y Benefield

Y Birdsong Y Bohannon
Bordeaux Y Bradford Y Breedlove

Y Bridges Brooks
Y Brown Y Buck Y Buckner

Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty

2016

JOURNAL OF THE HOUSE,

YCash YChannell YChOders YCUrk
YCoan Coleman, B
YCotanan,T YConnell Y Cooper
Cfftwford Y Crews YCulbreth
Y Cummings YDavi., G YDavis, M
Day EDeLoach, B
YDoLoach, G YDU YDixon
Dobbs DukM YEhihatt YEpps YEvans Y Evwstt Felton Floyd Y Franklin E Golden Y Grave*

Greene YGrindley YHammontree
Manner Y Harbin Y Heard YHecht
HeckstaU YHegatrom YHenson Y Holland
Holmes Y Houston
Howard YHudgens
Hudson, H Y Hudson, N YHugley Ylrvin Y Jackson Y James
Jamieson YJenkins
Johnson Y Johnston
Jones Y Joyce
Kaye YLadd YLakly
Lane

YLee Y Lewis
Lord
Lucas Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall E McClinton McKinney Y Mills YMobley Y Mosley Y Mueller YO'Neal YOrrock YParham YParrisb Y Parsons Pelote Y Perry Y Pinholster YPoag YPolak Ponder Porter YPowell

On the motion, the ayes were 131, nays 0. The motion prevailed.

Purcell YRagas
Randall YRay
Y Reaves YReichert YRice Y Richardson
Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett YScheid YScott Y Shanahan
Shaw 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 Y Stalling* Y Stancil, F YStancil, S Y Stanley, L Y Stanley, P
Stephens Y Taylor YTeague YTeper
Thomas TUhnan Y Titus YTolbert ETrense Y Turnquest
Y Walker, L Y Walker, R.L
Watson YWest Y Westmoreland YWhitaker Y Wiles
Williams, B Y Williams, J Y Williams, R YWorthan Y Yates
Murphy, Spkr

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 1337.

By Representative Stancil of the 91st:
A bill to amend Code Section 8-2-26 of the Official Code of Georgia Annotated, relating to the enforcement of state minimum standard building codes, so as to change the provisions relating to the requirement that certain information be printed on county and municipal building permits.

Representative Stancil of the 91st moved that the House insist on its position in disagreeing to the Senate substitute to HB 1337 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 Hudson of the 156th, Barnes of the 33rd and Stancil of the 91st.

The following Resolution of the House was taken up for the purpose of considering the Senate substitute thereto:

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.

FRIDAY, March 13, 1998

2017

The following Senate substitute was read:

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; authorizing the conveyance of certain state owned real property located in Gordon County, Georgia; authorizing the conveyance of certain state owned real property interests located in Paulding County, Georgia; to provide effective dates; 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;
(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, continuing 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 in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;
(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;
(4) The Department of Public Safety has relocated its Cobb County Patrol Post and has declared the subject property surplus to its needs;
(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;
(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 facilities;
(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;

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(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:
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 Registered Land Surveyor and presented by Lessee to the State Properties Commission for approval;
(3) Said property is under the custody of the Georgia Department of Juvenile Justice;
(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/Rockdale/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;
(5) The subject property is in close proximity to the above mentioned 2.21 acre parcel;
(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;
(7) The Department of Juvenile Justice has no objection to the long-term leasing of the above-described property; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Gordon County, Georgia;
(2) Said real property is all that portion (Parcel No. 1) of the former right-of-way of the Western and Atlantic Railroad located in Land Lot 86 of the 14th District, 3rd Section, of Gordon County, Georgia, such former right-of-way of 66 feet in width, having been abandoned for railroad purposes as shown on Western and Atlantic Railroad rightof-way and tract Map No. V2/39, as a portion of Parcel No. 1, as shown marked in yellow, on said Western and Atlantic Valuation Map V2/39, on file in the offices of the State Properties Commission; and may be more particlarly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval;
(3) The above-described property was a part of the state owned Western and Atlantic Railroad right-of-way and has been abandoned and is no longer needed by the state;
(4) Bill Walraven and Stanley Simpson are joint owners of the property adjoining both sides of the above-described property;
(5) Bill Walraven and Stanley Simpson are desirous of obtaining the above-described property; and
WHEREAS: (1) The State of Georgia, acting through its Department of Natural Resources, acquired 3,273 acres in Paulding County, Georgia, from the I.M. Sheffield, Jr., Estate on December 8, 1993;
(2) Included in the above-mentioned acquisition was Land Lot 434, 3rd District, 3rd Section of Paulding County, Georgia, to which clear title was uncertain;

FRIDAY, March 13, 1998

2019

(3) The Estate of I.M. Sheffield, Jr., agreed to convey its interest, if any, by quitclaim deed to the above-mentioned land lot to the State of Georgia for a consideration of $10.00;
(4) It has been determined by independent title examination authorized by the Attorney General's office that title to Land Lot 434, 3rd District, 3rd Section of Paulding County, Georgia, is vested in Mary Jo Shipp and J. Cliff Shipp;
(5) Mary Jo Shipp and J. Cliff Shipp are desirous of removing the cloud on their title to the above-mentioned property and have requested that the State of Georgia convey to them whatever interest it may have in such 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 Properties 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 Properties 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 effective.
SECTION 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
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 concurrently 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.

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SECTION 9. That any sublease of subject property must be approved by the State Properties Commission, 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 Commission.
ARTICLE III
SECTION 13. That the State of Georgia is the owner of the above-described real property located in Gordon 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 14. That the above-described real property located in Gordon County shall be sold and conveyed by appropriate instrument to Bill Walraven and Stanley Simpson by the State of Georgia, acting by and through the State Properties Commission, for a consideration of the fair market value but not less than $650.00, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 15. That the authorization in this resolution to convey the above-described property to Bill Walraven and Stanley Simpson shall expire three years after the date that this resolution becomes effective.
SECTION 16. That the state properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 17. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Gordon County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE IV
SECTION 18. That the State of Georgia may have an interest in the above-described real property, located in Paulding County, and that in all matters relating to the conveyance of the real property or real property interest the State of Georgia is acting by and through its State Properties Commission.
SECTION 19. That the above-described property or real property interest shall be conveyed by appropriate instrument to Mary Jo Shipp and J. Cliff Shipp by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $10.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.

FRIDAY, March 13, 1998

2021

SECTION 20. That the authorization in this resolution to convey the above-described property to Mary Jo Shipp and J. Cliff Shipp shall expire three years after the date that this resolution becomes effective.
SECTION 21. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 22. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Paulding County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE V
SECTION 23. That Article IV and this article of this resolution shall become effective upon the approval of this resolution by the Governor or upon its becoming law without such approval. The remaining articles of this resolution shall become effective-July 1, 1998.
SECTION 24. That all laws and parts of laws in conflict with this resolution are repealed.
Representative Barnes of the 33rd moved that the House agree to the Senate substitute to HR 935.
On the motion, the roll call was ordered and the vote was as follows:

Alien EAndenon YAahe Y Bailey
YBarfoot Y Barnard YBames E Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridge* Y Brooks Y Brown YBuck
Buckner Bunn YBurkhalter YByrd Y Campbell Y Canty YCash Y Channel! YChilden Y Clark YCoan Coleman, B YColeman, T YConnell Y Cooper YCrawford Y Craws

Y Culbreth Y CuromingB Y DaviB, G Y Davig, M YDay EDeLoach, B YDeLoach, G YDht YDizon
Dobbs Dukes YEhrhart
YEpps Evans
YEverett Felton Floyd
Y Franklin
B Golden Y Graves
Greene YGrindley Y Hammontree
Hanner Y Harbin Y Heard YHecht YHeckstall
YHegstrom YHenson Y Holland
Holmes Houston Howard
YHudgens Y Hudson, H

Y Hudson, N YHugley
Irvin Y Jackson Y James
Jsmioson YJenkins
Johnson Y Johnston
Jones Y Joyce
Kaye YLadd YLakly YLane YLee Y Lewis YLord
Lucas Maddoi YMann Y Manning Y Martin, J Y Martin, J.L
YMassey YMcBee YMcCall E McClinton
McKinney Y Mills Y Mobley YMoeley
Y Mueller YO'Neal
YOrrock YParham

On the motion, the ayes were 133, nays 0. The motion prevailed.

YParrish Y Parsons
Pelote Y Perry YPinhoUter
YPoag YPolak
Ponder Porter YPoweU Purcell YRagas Randall Ray Y Reaves Y Reichert YRice Y Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett
YSoheid Y Scott
Shanahan Shaw Sherrill Y Shipp YSims Y Sinkfield
Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Smith, P
Y Smith, T Y Smith, V
YSmyre YSnelling YSnow YStaUings
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
YTeague YTeper
Thomas Tillman Y Titus Y Tolbert ETrense Y Turnquest Twiggs Walker, L Y Walker, R.L Watson YWest Y Westmoreland
Y Whitaker Y Wiles
Williams, B
Y Williams, J Y Williams, R Y Worthan YYates
Murphy, Spkr

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JOURNAL OF THE HOUSE,

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

The Senate insists on its substitute to the following bill of the House:

HB 1250.

By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1998, and ending June 30, 1999.

The Senate has disagreed to the House substitute to the following bill of the Senate:

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 Annotated, 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.

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 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.

Representative Coleman of the 142nd moved that the House insist on its position in disagreeing to the Senate substitute to HB 1250 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Walker of the 141st, Coleman of the 142nd and Lee of the 94th.

The following Resolutions of the House were read and adopted:

HR 1314. By Representatives Smith of the 103rd, Westmoreland of the 104th, Brown of the 130th and Yates of the 106th:
A resolution commending the Newnan-Coweta Chamber of Commerce.

HR 1315.

By Representatives Childers of the 13th, Martin of the 47th, Orrock of the 56th, Hegstrom of the 66th and Sinkfield of the 57th:
A resolution commending the Department of Human Resources' TB control program.

FRIDAY, March 13, 1998

2023

HR 1316. By Representatives Hugley of the 133rd, Taylor of the 134th, Smyre of the 136th, Smith of the 102nd, Buck of the 135th and others:
A resolution recognizing and commending Charlie Mae Miles Banks.

HR 1317. By Representatives Hugley of the 133rd, Taylor of the 134th, Smyre of the 136th, Smith of the 102nd, Buck of the 135th and others:
A resolution recognizing and commending Honorable Barbara Pierce.

HR 1318.

By Representatives Hugley of the 133rd, Taylor of the 134th, Smyre of the 136th, Smith of the 102nd, Buck of the 135th and others:
A resolution recognizing and commending Honorable Evelyn "Mimi" Woodson.

HR 1319. By Representative Royal of the 164th:
A resolution commending Herbert C. "Chilly" Penn and recognizing Coach Chilly Penn Appreciation Day.

HR 1320.

By Representatives Bates of the 179th, Ponder of the 160th and Golden of the 177th:
A resolution commending the American Kennel Club's "Canine Good Citizen" program.

HR 1321. By Representatives Culbreth of the 132nd and Royal of the 164th: A resolution expressing regret at the passing of James Carter Fincher.

HR 1322. By Representative Day of the 153rd: A resolution commending the St. Andrew's School Saints soccer team.

HR 1323. By Representative Smith of the 169th:
A resolution commending Mr. Richard Thornton on the occasion of his 100th birthday.

HR 1324. By Representative Day of the 153rd: A resolution commending the St. Andrew's School Saints basketball team.

HR 1325. By Representatives Evans of the 28th, Pinholster of the 15th, SneUing of the 99th, Grindley of the 35th, Clark of the 3rd and others:
A resolution recognizing and commending Shirley Drinkwater Kelly.

HR 1326. By Representatives Bunn of the 74th and O'Neal of the 75th: A resolution commending the family of Tim and Linda Mitchell.

HR 1327.

By Representatives Ladd of the 59th, SneUing of the 99th, Ashe of the 46th, Manning of the 32nd, Smith of the 103rd and others:
A resolution commending United States Air Force Lieutenant Colonel Eileen M. Colons.

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JOURNAL OF THE HOUSE,

HR 1328. By Representatives Day of the 153rd and Mueller of the 152nd: A resolution commending Russell Billings.

HR 1329. By Representatives Day of the 153rd and Mueller of the 152nd: A resolution commending Berta Adams.

HR 1330. By Representatives Smith of the 103rd, Westmoreland of the 104th, Brown of the 130th and Yates of the 106th:
A resolution congratulating Jim Hardin.

HR 1331.

By Representatives Smith of the 103rd, Westmoreland of the 104th, Brown of the 130th and Yates of the 106th:
A resolution expressing condolences upon the passing of Reverend Travis H. Eidson.

HR 1332. By Representative Jones of the 71st: A resolution recognizing Jason Wade.

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

The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:

HB 1250.

By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1998, and ending June 30, 1999.

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Hooks of the 14th, Walker of the 22nd and Perdue of the 18th.

Pursuant to HR 1165, adopted by the House and Senate the House adjourned until, 10:00 o'clock, A.M., Monday, March 16, 1998.

MONDAY, MARCH 16, 1998

2025

Representative Hall, Atlanta, Georgia Monday, March 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:

Ashe Bailey Bannister Barfoot
Barnard Barnei Bates Benefield Birdsong Bohannon Bradford Bridges Brooks Brown Buck Buckner Bonn Burkhalter Byrd
Campbell Cash Channell Childers Clark Coan
Coleman, B Connell

Cooper Crawford Crewa Culbreth
Davis, G DeLoach, B DeLoach, G Dizon Dobbs Dukes Ehrhart Epps Evans Everett Franklin Golden Grindley Hanner Harbin
Heard Hecht Hegstrom Holland Howard Hudgens
Hudson, H Hudson, N

Hugley Irrin Jackson James
Kaye Ladd Lakly Lee Lewis Lord Mann Manning Martin, J Martin, J.L Massey McBee McClinton McKinney MOb
Moeley Mueller O'NeaJ Parham Parrish Parsons
Pelote Pinholster

Poag Ponder Porter Purcell
Ray Reaves Reichert Rice Richardson Rogers Royal Sanders Scarlett E Scheid Scott Shanahan Shaw Sherrill Shipp
Sinkfield Smith, C Smith, C.W Smith, L Smith, L.R Smith, P
Smith, T Smith, V

Smyre Snelling Snow Stallings
StancU, F Stancil, S Stanley, L Stanley, P Stephens Taylor Teper Thomas Tillman Titus Trense Twiggs Walker, RL Watson West
Westmoreland Whitaker 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 Powell of the 23rd, Floyd of the 138th, Lucas of the 124th, Houston of the 166th, Johnston of the 81st, Jenkins of the 110th, Graves of the 125th, Williams of the 63rd, Maddox of the 72nd, Tolbert of the 25th, Sauder of the 29th, Dix of the 76th, Heckstall of the 55th, Lane of the 146th, Jamieson of the 22nd, Johnson of the 84th, Felton of the 43rd, Bordeaux of the 151st, Hammontree of the 4th, Ragas of the 64th, Henson of the 65th, Sims of the 167th, Mobley of the 69th, Polak of the 67th, Turnquest of the 73rd, Orrock of the 56th, Jones of the 71st, Anderson of the 116th, Greene of the 158th, Roberts of the 162nd, Canty of the 52nd, Alien of the 117th and McCall of the 90th.
They wish to be recorded as present.

Prayer was offered by the Reverend James W. Austin, Pastor, Blackshear Place Baptist Church, Oakwood, 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.

2026

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 Resolutions of the House were introduced, read the first time and referred to the committees:

HR 1333. By Representatives Lane of the 146th, Martin of the 145th and Reaves of the 178th:
A resolution creating the House Cotton Warehousing and Marketing Study Committee.
Referred to the Committee on Rules.

HR 1335. By Representatives Hudson of the 120th, Murphy of the 18th and Powell of the 23rd:
A resolution creating the House Study Committee on the Plight of Rural Hospitals.
Referred to the Committee on Rules.

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

HR 1308 HR 1309 HR 1310 HR 1311

HR 1312 HR 1313 SB 9 SB 49

Representative Dobbs of the 92nd District, Chairman of the Committee on State Institutions & Property, submitted the following report:

Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 627 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:

MONDAY, MARCH 16,1998

2027

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 1734 Do Pass, by Substitute HB 1925 Do Pass

HB 1926 Do Pass SB 709 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 16, 1998
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 38th Legislative Day as enumerated below:
SB 30 Local Volunteer Fire Depts. - may form nonprofit corporation (Boshears - 6th)
SB 110 DUI; additional fines; Brain & Spinal Inj. Trust Fund (Walker - 22nd)
SB 142 Sheriffs - qualifications, drug tests (Broun - 46th)
SB 230 Land of parent in possession of child; rebuttable presumpt of gift (Ralston - 51st)
SB 437 State Govt.-relating to competitive bidding (Tysinger - 41st)
SB 444 Public Transit Buses, Rail Cars, Stations - conduct provisions (Oliver - 42nd)
SB 447 Local Bds. of Education - appt. of educational care team (Marable - 52nd)
SB 449 Pardons & Paroles Bd. - offenders pay fee to providers for services (Dean- 31st)
SB 460 Offense of Interfering with 911 Call; provide (Clay - 37th)
SB 473 Child Abuse - meetings of child abuse protocol committees(Land - 16th)
SB 474 St Govt.- relations with nonprofit organ, providing services (Hooks - 14th)
SB 573 Zoning Procedures - redefine zoning decision (Ray - 48th)
SB 638 Claims Against State - sovereign immunity re: computers & year 2000 (Perdue - 18th)
SB 656 Group Self-Insurance Workers' Comp Funds - examination of funds (Langford - 29th)
SB 661 Metro River Protection Act; definitions (Clay - 37th)
SB 670 Advisory Committee on Pain & Symptom Management - create (Starr - 44th)
SB 693 DOT - acquire, operate demonstration safety rest area, Cobb Co. (Thompson - 33rd)
SR 144 DUI - add. fees allocated to Spinal Injury Trust Fund (CA) -

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JOURNAL OF THE HOUSE,

(Walker - 22nd) SR 587 Geriatrics - encourage graduate medical education curricula -
(Marable - 52nd) SR 639 Tommy Irvin Parkway - designate -
(Middleton - 50th) SR 655 Hugh Alton Carter Bridge - designate -
(Hooks - 14th)
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, M Lee of the 94th
Chairman

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

HB 1734. By Representative Clark of the 3rd: A bill to create the Catoosa County Public Works Authority.

The following Committee substitute was read and adopted:

A BILL
To create the Catoosa County Public Works Authority; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain waste and sewerage facilities for the use of individuals, private concerns, municipal corporations, and the State of Georgia and its political subdivisions and instrumentalities thereof; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain sewerage systems, both sanitary and storm, sewage and waste-gathering and disposal and sewage treatment plants, and any and all other related facilities; to confer powers and to impose duties on the authority; to provide for the members of the authority and their term of tenure and compensation; to authorize the authority to contract with others pertaining to the use of the utilities and facilities of the authority and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds or obligations of the authority, payable from the revenues, tolls, fees, charges, and earnings of the authority and to pay the cost of such undertakings or projects and to authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds or obligations and to authorize the execution of resolutions and trust indentures to secure the payment thereof and to define the rights of the holders of such bonds or obligations; to provide that no debt of Catoosa County or any municipality in Catoosa County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds or obligations of the authority exempt from taxation; to provide for the authority to condemn property of every kind; to authorize the issuance of refunding bonds or obligations; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or obligations be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; to provide for liberal construction; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Short title.
This Act shall be known and may be cited as the "Catoosa County Public Works Authority Act."

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SECTION 2. Catoosa County Public Works Authority. (a) There is created a body corporate and politic to be known as the "Catoosa County Public Works Authority," which shall be deemed to be a political subdivision of the State of Georgia and a public corporation, and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded and complain and defend in all courts of law and equity, except that the authority shall in no event be liable for any torts committed by any of the officers, agents, or employees of the authority. The authority is 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 the authority as provided under the provisions of this Act. The authority shall make rules and regulations for its own government. It shall have perpetual existence. (b) The members of the Catoosa County Public Works Authority shall be those persons appointed as the board of directors of the Catoosa County Solid Waste Management Authority. The members of the Catoosa County Public Works Authority shall serve the same terms as the board of directors of the Catoosa County Solid Waste Management Authority. The eligibility requirements for appointment shall be the same as for appointment to the board of directors of the Catoosa County Solid Waste Management Authority. The chairperson, vice chairperson, secretary and treasurer, or secretary-treasurer, shall be those persons serving in that capacity on the board of directors of the Catoosa County Solid Waste Management Authority. (c) Members of the authority may be reimbursed from funds of the authority only for actual expenses incurred in the performance of their duties. No member or employee of the authority shall have directly or indirectly any financial interest, profit, or benefit in any contract, work, or business of the authority nor in the sale, lease, or purchase of any property to or from the authority. (d) Three members of the authority shall constitute a quorum and, except as provided in this subsection, any action may be taken by the authority upon the affirmative vote of a majority of a quorum of the members. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority. A majority vote of the total membership of the authority shall be required for the authority to create any debt or issue any negotiable revenue bonds. (e) The authority shall be subject to all of the provisions of Chapters 14 and 18 of Title 50 of the O.C.G.A., the open meetings and open records laws of the State of Georgia.
SECTION 3. Purpose of the authority. Without limiting the generality of any provision of this Act, the purpose of the authority is declared to be the gathering and treatment of waste, both individual and industrial, and furnishing sewer facilities to such customers and areas it deems desirable or feasible to furnish. The authority shall also have the authority, where it deems it feasible, to sell its products and services to customers, governmental agencies, or governmental instrumentalities of adjoining states.
SECTION 4. Definitions.
As used in this Act, the term: (1) "Authority" means the Catoosa County Public Works Authority created in Section 2 of this Act. (2) "Cost of the project" means the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction; cost of engineering, architectural, fiscal, and legal expenses and of plans and specifications, and other expenses necessary or incidental to determining the feasibility or practicability of the project; administrative expenses, and such other expenses as may be necessary or incident to the financing authorized by this Act; the construction of any project; the placing of the same in operation; and

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the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (3) "Project" means and includes the acquisition, construction, and equipping of waste and sewerage facilities useful and necessary for the gathering of waste matter and the treatment of sewage of any and every type, including, but not limited to, the acquisition and construction of treatment plants, ponds, and lagoons inside and outside the territorial boundaries of Catoosa County and additions and improvements to and extensions of such facilities and the operation and maintenance of same so as to assure an adequate sewerage system. The word "project" shall also mean and include the acquisition, construction, and equipping of all necessary and usual facilities useful and necessary for a storm and drain water management system, including, but not limited to, the acquisition and construction of holding ponds, lagoons, detention ponds, retention ponds, inside and outside the territorial boundaries of Catoosa County and the operation, maintenance, additions, improvements, and extensions of such facilities deemed by the authority necessary for the efficient operation of a storm-water and water drainage system. At the discretion of the authority, the Catoosa Solid Waste Management Authority and the authority may be combined at any time into one revenue-producing undertaking and operated and maintained as such. It is expressly provided, however, that the word "project" shall not include any sanitary and storm sewer system within the following geographical area of Catoosa County, Georgia: West of line described as follows: Beginning at the intersection of the Walker County line and the crest of Boynton Ridge; thence running in a northwardly direction following the meanderings of Boynton Ridge to its intersection with Interstate 75; thence running in a northwestwardly direction along Interstate 75 to the Tennessee state line, including the sewage collection systems connected to the East Ridge Sewerage System. (4) "Revenue bonds," "bonds," or "obligations" means revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and such type of obligations may be issued by the authority as authorized under the "Revenue Bond Law" and any amendments thereto and, in addition, shall also mean obligations of the authority the issuance of which are specifically provided for in this Act. (5) "Self-liquidating" means any project where, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all facilities used in connection therewith will be sufficient to pay the cost of operating, maintaining and repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.
SECTION 5. Powers.
The authority shall have the following powers to: (1) Have a seal and alter the same at pleasure; (2) Acquire by purchase, lease, gift, condemnation, or otherwise, and to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) Acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, or rights or easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to be to the best advantage of the authority, the authority being under the obligation to pay just and adequate compensation for any property condemned under this Act from the funds provided under the authority of this Act, as provided pursuant to the condemnation laws of the State of Georgia;

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(4) Appoint, select, find employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (5) Make and execute contracts, leases, and instruments, which shall be necessary or convenient, including contracts for acquisition and construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be constructed or acquired; and any and all persons, firms, and corporations, and the state and any and all political subdivisions, departments, institutions, or agencies of the state, are authorized to enter into contracts, leases, and agreements with the authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to municipal corporations, counties, and other political subdivisions and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of sewage, stormwater management, and related services and facilities by the authority to such municipal corporations, counties, and political subdivisions for a term not exceeding 50 years; (6) Construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in this Act; the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the authority or from such proceeds or other funds and any grant or contribution from the United States of America or any agency or instrumentality thereof or from the state or any agency or instrumentality thereof; (7) Accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (8) Accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (9) Borrow money for any of its corporate purposes and to execute notes or other evidences of such indebtedness and to secure the same; (10) Issue negotiable revenue bonds, payable solely from funds pledged for the purpose, and to provide for the payment of the same and for the rights of the holders thereof;
(11) Exercise any power usually possessed by private corporations performing similar functions, including the power to incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness, provided that such power is not in conflict with the Constitution and laws of this State; and (12) Do all things necessary or convenient to carry out the powers expressly given in this Act.
SECTION 6.
Revenue bonds. The authority or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act shall have power and is authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost of any one or more projects, as defined in this Act. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided for in this Act for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates, shall provide for when interest shall be payable and when principal shall mature, except that such maturity date may not exceed 40 years from the date of issue, and shall be payable in such medium of payment as to both principal and interest as may be determined by the authority and may be made redeemable before maturity at the option of the authority at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. In addition, the authority shall have the power to issue revenue bonds or obligations pursuant to and in

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conformity with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law."
SECTION 7. Revenue bonds; form; denomination; registration;
place of payment. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company inside or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine and provision may be made for registration of any coupon bond as to principal alone and also as to both the principal and interest.
SECTION 8. Revenue bonds; signatures; seal. All such revenue bonds shall bear the manual or facsimile signature of the chairperson of the authority, attested by the manual or facsimile signature of the secretary of the authority, and the official seal or a facsimile thereof shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the chairperson and the secretary of the authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such person as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such person may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any bonds or whose signature shall appear on any coupon shall cease to be such officer before delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes tile same as if such officer had remained in office until such delivery.
SECTION 9. Revenue bonds; negotiability; exemption from
taxation. All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds are declared to be issued for an essential public and governmental purpose and said bonds and the income therefrom shall be exempt from all taxation within the state.

SECTION 10.
Revenue bonds; sale; proceeds.
The authority may sell such bonds in such manner and for such price as it may determine to be in the best interest of the authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds.

SECTION 11.
Revenue bonds; interim receipts and certificates or temporary bonds.
Prior to the preparation of any definitive bonds, the authority may under like restrictions issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive revenue bonds upon the issuance of the latter.

SECTION 12. Revenue bonds; replacement of lost or mutilated bonds. The authority may also provide for the replacement of any bond or any coupons which shall become mutilated or be destroyed or lost.

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SECTION 13. Revenue bonds; conditions precedent to issuance. Such revenue bonds shall be issued as required by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law." Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon passage; and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project.
SECTION 14. Credit not pledged. Revenue bonds issued under the provisions of this Act shall not constitute a debt of Catoosa County or any municipality in Catoosa County, nor a pledge of the faith and credit of said county or any such municipality, but such bonds shall be payable solely from the fund provided for in this Act and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said county or any such municipality to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section.
SECTION 16. Trust indenture as security. In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of the revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.
SECTION 16. To whom proceeds of bonds shall be paid. The authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank, or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes provided for in this Act, subject to such regulations as this Act and such resolution or trust indenture may provide.
SECTION 17. Sinking fund. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued unless otherwise pledged and allocated, may

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be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which smking fund shall be pledged to and charged with the payment of:
(1) The interest upon the revenue bonds as such interest shall fall due; (2) The principal of the revenue bonds as the same shall fall due; (3) Any premium upon the revenue bonds acquired by redemption, payment, or other-
(4) The necessary charges of the paying agent or agents for paying principal and interest; and (5) Any investment fees or charges. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be canceled and shall not be reissued, printed, and delivered.
SECTION 18. Remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights given by this Act may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted by this Act or under such resolution or trust indenture and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, fines, and other charges for the use of the facilities and services furnished.
SECTION 19. Refunding bonds. The authority is authorized to provide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with the accrued interest thereon and the premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.
SECTION 20. Venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Catoosa County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.
SECTION 21. Validation.
Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; the petition for validation shall also make party defendant to such action the State of Georgia or

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any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated, and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof shall not be inquired into by the court and the validity of the terms thereof shall be determined and the contract or contracts shall be adjudicated as a part of the basis for the security for the payment of any such bonds of the authority. The validated bonds and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and the interest thereon and against the authority issuing the same, the state, and any municipality, county, authority, political subdivision, or instrumentality thereof, if a party to the validation proceedings, contracting with the Catoosa County Public Works Authority.
SECTION 22. Interest of bondholders protected. (a) While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the state itself so compete with the authority. (b) The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions of this Act, shall constitute a contract with the holders of such bonds.
SECTION 23. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees and earnings shall be deemed to be trust funds to be held and applied solely as provided in this Act.
SECTION 24. Tort immunity. To the extent permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as Catoosa County, and the officers, agents, and employees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of Catoosa County when in performance of their public duties or work of the county.
SECTION 25. Tax-exempt status of authority. The properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the state and not for purposes of private or corporate benefit and income, and such properties and the authority shall be exempt from all taxes and special assessments of any city, county, or the state or any political subdivision thereof.
SECTION 26. Rates, charges, and revenues; use. The authority is authorized to prescribe and revise from time to time rates, fees, tolls, and charges and to collect such rates, fees, tolls, and charges for the services, facilities, or commodities furnished and, in anticipation of the collection of the revenues and income of such undertakings or projects, to issue revenue bonds as provided by this Act to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment, or extension of a sewerage system or a combined water and sewerage system and to pledge to the punctual payment of said bonds and interest thereon all

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or any part of the revenues and income of such undertakings or projects, including the revenues of improvements, betterments, or extensions thereto thereafter made.
SECTION 27. Rules and regulations for operation of
projects. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects acquired or constructed under the provisions of this Act, including the basis on which sewerage service and facilities shall be furnished.
SECTION 28. Powers declared supplemental and
additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized by this Act and shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as in derogation of any powers now existing. This Act does not hi any way take from Catoosa County or any municipality located therein or any other adjoining county the authority to own, operate, and maintain a sewerage system or a combined water and sewerage system or to issue revenue bonds as provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law."
SECTION 29. Liberal construction of Act. This Act being for the welfare of various political subdivisions of the State of Georgia and its inhabitants, shall be liberally construed to effect the purposes hereof.
SECTION 30. Severability.
In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
SECTION 31. Repealer.
All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 97, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1925.

By Representative Whitaker of the 7th:
A bill to amend an Act known as the "Ellijay-Gilmer County Water and Sewerage Authority Act," so as to change the number of 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 97, nays 7.

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

HB 1926. By Representative Breedlove of the 85th:
A bill providing a new charter for the City of Sugar Hill, so as to change the corporate limits of the city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

SB 709. By Senator Crotts of the 17th:
A bill to create the State Court of Henry County; to specify the location of the court and provide for facilities therefor; to provide for jurisdiction, powers, practice, and procedure; to provide for terms of court; to specify business hours of the court; to specify costs and fees; to provide for transfer of certain matters from the Superior Court of Henry 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 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 House:

HB 396. By Representatives Powell of the 23rd, Williams of the 83rd, Manner of the 159th and others:
A bill to amend Chapter 31 of Title 31 of the Official Code of Georgia Annotated, relating to regulation and licensure of boxing matches, so as to provide for the licensure and regulation of promoters of boxing matches and pay-perview and closed circuit boxing match telecasts.

HB 1103.

By Representative Cummings of the 27th:
A bill to amend Code Section 47-2-96.1 of the Official Code of Georgia Annotated, relating to creditable service in the Employees' Retirement System of Georgia for certain prior service, so as to authorize up to ten years of creditable service for certain temporary full-time employment by the legislative branch of state government.

HB 1273.

By Representatives Coleman of the 80th, Porter of the 143rd, McBee of the 88th and others:
A bill to amend Code Section 20-2-915 of the Official Code of Georgia Annotated, relating to health insurance coverage for retiring and retired public school employees, so as to provide that such coverage shall be provided.

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HB 1464.

By Representative Channell of the lllth:
A bill to amend Code Section 48-5-45 of the Official Code of Georgia Annotated, relating to filing requirements with respect to homestead exemptions, so as to change certain provisions regarding filing deadlines.

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.

HB 1582.

By Representatives Stanley of the 50th, Buck of the 135th, Stanley of the 49th and others:
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.

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.

HB 1728.

By Representatives Parsons of the 40th, Wiles of the 34th, Cooper of the 31st 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.

HB 1754.

By Representatives Wiles of the 34th, Bradford of the 30th, Grindley of the 35th 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, assistant district attorneys, and the chief assistant district attorney.

HB 1796.

By Representative Manner 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.

HB 1833. By Representative Whitaker of the 7th:
A bill to provide for the compensation of the chief magistrate of the Magistrate Court of Lumpkin County.

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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.

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 district attorney of the Northeastern Judicial Circuit, so as to increase the supplement to the district attorney's salary.

HB 1843. By Representatives Holland of the 157th and Banner of the 159th:
A bill to provide for the nomination and election of the chief magistrate of the Magistrate's Court of Lee County hi nonpartisan primaries and elections.

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.

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.

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.

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.

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.

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.

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.

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HB 1859. By Representative Holland of the 157th: A bill to provide a new charter for the City of Poulan.

HB 1861.

By Representative Jenkins of the 110th:
A bill to amend an Act entitled "An Act to abolish the present mode of compensating the coroner of Monroe County," so as to change the compensation of the coroner.

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

HR 1034. By Representative Shaw of the 176th: A resolution designating the William Jackson "Moogie" Lee Highway.

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

HB 1086.

By Representatives Henson of the 65th, Orrock of the 56th, Trense of the 44th 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 provide for certain required insurance coverage.

HB 1163.

By Representatives Walker of the 141st, Hanner of the 159th, Murphy of the 18th 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 systems if violations of permits occur.

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 Annotated, relating to chemical tests, implied consent notices, rights of motorists, test results, refusal to submit, suspension or denial, hearing and review, compensation 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.

HB 1760. By Representatives West of the 101st and Stallings of the 100th: A bill to create the Carroll County Family Connection Authority.

The Senate has adopted, as amended, by the requisite constitutional majority the following resolution of the House:

HR 812. By Representatives Barnard of the 154th, Lee of the 94th, Murphy of the 18th and others:
A resolution designating the Dewey D. Rush Highway.

MONDAY, MARCH 16, 1998

2041

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

HB 274. By Representative Childers of the 13th:
A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to change the provisions relating to immunity from liability for certain good faith actions.

HB 353. By Representatives Ashe of the 46th, Smith of the 175th, Coleman of the 80th and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to repeal Code Section 20-2-255, relating to petitions for charter school status; to enact the "Charter Schools Act of 1997".

HB 766. By Representative Connell of the 115th:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials.

HB 884. By Representatives Hugley of the 133rd, Taylor of the 134th and Polak of the 67th:
A bill to amend Code Section 2-7-102 of the Official Code of Georgia Annotated, relating to grounds for denial, suspension, and revocation of various pesticide licenses, so as to provide for the denial or suspension of a license for failure to repay a student loan; to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for the denial or suspension of licenses for mortgage lenders and brokers for failure to repay a student loan.

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.

HB 1420. By Representatives Polak of the 67th, Sherrill of the 62nd, O'Neal of the 75th 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.

HB 1641. By Representative Barnes of the 33rd:
A bill to amend Code Section 51-1-29.1 of the Official Code of Georgia Annotated, 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.

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The Senate has agreed to the House substitute to the following bill of the Senate:

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 Annotated, 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 Provider Access Act"; to provide for definitions.

The Senate has agreed to the House amendment to the following bill of the Senate:

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 generally, and to amend Code Section 33-30-23 of the Official Code of Georgia Annotated, relating to preferred provider plans, standards, payments or reimbursement for noncontracting providers of covered services under health benefit plans, and filing requirements for unlicensed entities, so as to provide a definition.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:

HB 609. By Representatives Polak of the 67th, Royal of the 164th, Jamieson of the 22nd and others:
A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax.

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Egan of the 40th, Starr of the 44th and Broun of the 46th.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:

HB 535. By Representative Davis of the 48th:
A bill to amend an Act to provide a homestead exemption of $10,000.00 from all City of Atlanta and City of Atlanta School District ad valorem taxes, except ad valorem taxes levied to pay interest on and retire bonded indebtedness, for each resident of the City of Atlanta who is 65 years of age or over or disabled, so as to increase the amount of the homestead exemption from City of Atlanta ad valorem taxes to $30,000.00 for persons 65 years of age or over.

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Egan of the 40th, Fort of the 39th and Scott of the 36th.

MONDAY, MARCH 16, 1998

2043

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

HR 1138.

By Representative Jenkins of the 110th:
A resolution commending the Culloden Highland Games and Scottish Festival and inviting officials of the City of Culloden and members of the Culloden Highland Games and Scottish Festival Committee to the House of Representatives.

HR 1263.

By Representatives Roberts of the 162nd, Everett of the 163rd and Dukes of the 161st:
A resolution congratulating the Westover High School boys' basketball team and inviting the team and their coaches to appear before the House of Representatives.

The following Bills of the House were taken up for the purpose of considering the Senate amendment or substitute thereto:

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 following Senate substitute was read:

A BILL
To provide for the election of the chief magistrate of the Magistrate Court of Oglethorpe County without a nonpartisan primary; to provide for the requirements and procedures of the nonpartisan election; to provide for related matters; to provide for the authority for this Act; 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. The chief magistrate of the Magistrate Court of Oglethorpe County shall be elected by the qualified voters of Oglethorpe County in a nonpartisan election. Except as otherwise provided in this Act, the chief magistrate of the magistrate court shall be elected pursuant to the general elections laws of Georgia.
SECTION 2. Beginning with the election held in 2000 and every four years thereafter, the chief magistrate of the magistrate court shall be elected at the general election immediately preceding the expiration of the term of office of the chief magistrate and shall take office on January 1 immediately following such election for a term of four years and until such magistrate's successor is elected and qualified.
SECTION 3. No primary election shall be held for the office of chief magistrate of the magistrate court. A candidate may have his or her name placed on the general election ballot by filing a notice of candidacy with the county election superintendent and by paying the qualifying fee.
SECTION 4. Code Section 21-2-501 of the O.C.G.A. shall govern the plurality required for the general election and any run-off election.

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SECTION 5. The names of all candidates for the office of chief magistrate of the magistrate court shall appear in a separate section of each general election ballot of each elector. No party designation or affiliation shall appear beside the name of any such candidate on any general election ballot, and no candidate for the office of chief magistrate of the magistrate court shall be nominated by any political party.
SECTION 6. This Act is enacted pursuant to the authority of Code Section 21-2-139 of the O.C.G.A.
SECTION 7. This Act shall become effective on January 1, 1999.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

Representative Channell of the lllth moved that the House disagree to the Senate substitute to HB 1439.
The motion prevailed.

HB 1760. By Representatives West of the 101st and Stallings of the 100th: A bill to create the Carroll County Family Connection Authority.

The following Senate amendment was read:

Amend HB 1760 by striking "welfare" and inserting in its place "advocacy groups" on line 18 of page 1

Representative West of the 101st moved that the House agree to the Senate amendment to HB 1760.
On the motion the ayes were 120, nays 0.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken u? for consideration and read the third tune:

SB 638. By Senators Perdue of the 18th, Clay of the 37th and Hooks of the 14th:
A bill to amend Chapter 21 of Title 50 of the Official Code of Georgia Annotated, relating to sovereign immunity and claims against the state, so as to provide for a reservation of sovereign immunity with respect to failure of computer systems to properly recognize or process dates in the year 2000 or later; to provide for applicability to state and local government; to provide for the meaning of terms.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding local government, so as to provide that certain political subdivisions of the state shall have no liability for certain computer errors; to provide for applicability to failures to properly process dates or times under certain circumstances; to

MONDAY, MARCH 16, 1998

2045

provide for related matters; to amend Article 2 of Chapter 21 of Title 50 of the Official Code of Georgia Annotated, "The Georgia Tort Claims Act," so as to provide that the state shall have no liability for certain computer errors; to provide for applicability to failures to properly process dates or tunes under certain circumstances; 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 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding local government, is amended by adding a new Code section at the end thereof, to be designated Code Section 36-60-19, to read as follows:
"36-60-19.
(a) As used in this Code section, the term 'political subdivision of the state' means any office, agency, department, commission, board, division, and institution of any county or municipality of the State of Georgia. (b) A political subdivision of the state shall have no liability for losses from any failure or malfunction occurring before December 31, 2005, which is caused directly or indirectly by the failure of computer software or any device containing a computer processor to accurately or properly recognize, calculate, display, sort, or otherwise process dates or times, if the failure or malfunction causing the loss was unforeseeable or if the failure or malfunction causing the loss was foreseeable but the plan or design or both for identifying and preventing the failure or malfunction was prepared in substantial compliance with generally accepted computer and information system design standards in effect at the time of the preparation of the plan or design."
SECTION 2. Article 2 of Chapter 21 of Title 50 of the Official Code of Georgia Annotated, "The Georgia Tort Claims Act," is amended in Code Section 50-21-24, relating to exceptions to state liability, by striking the word "or" at the end of paragraph (11); by replacing the period at the end of paragraph (12) with the symbol and word "; or"; and by adding a new paragraph (13) to read as follows:
"(13) Any failure or malfunction occurring before December 31, 2005, which is caused directly or indirectly by the failure of computer software or any device containing a computer processor to accurately or properly recognize, calculate, display, sort, or otherwise process dates or times, if the failure or malfunction causing the loss was unforeseeable or if the failure or malfunction causing the loss was foreseeable but the plan or design or both for identifying and preventing the failure or malfunction was prepared in substantial compliance with generally accepted computer and information system design standards in effect at the time of the preparation of the plan or design."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

Alien Andereon YAshe Y Bailey Y Bannister YBartoot Y Barnard YBames Y Bates

YBenefield Birdsong
YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown

Y Buck Buckner
Y Bum Y Burkhalter Y Byrd Y Campbell
Canty Y Cash Y Channell

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

Y Culbreth Y Gumming* Y Da , G Y Davis, M
Day Y DeLoach, B Y DeLoach, G Y Dix Y Dixon

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YDobbs Dukes
YEhrhart YEpp. Y Evans YEverett YFelton YFloyd Y Franklin Y Golden Y Graves
Greene YGrindley
Y Hammontree Y Manner Y Harbin
Heard YHecht
YHeckstaU YHegstrom YHenson Y Holland Y Holmes Y Houston
Y Howard YHudgens Y Hudson, H

Y Hudson, N YHugley
Irvin
Jackson Y James
Jamieson YJenkins Y Johnson Y Johnston
Jones Joyce YKaye YLadd YLakly YLane Lee Y Lewis YLord Y Lucas Maddoi
YMann Y Manning
Y Martin, J Y Martin, J.L
YMassey YMcBee YMcCall

Y McClinton McKinney
Y Mills Mobley
YMosley YMueller YO'Neal
Orrock YParham YParrish Y Parsons YPelote Y Perry
Pinholster
YPoag Polak Ponder
Y Porter YPowell YPurcell YRagas YRandall
YRay Y Reaves YReichert YRice
Richardson

Roberts Y Rogers Y Royal
Sanders YSauder YScarlett YScheid Y Scott Y Shanahan
YShaw Sherrill
YShipp YSims Y Sinkfield Y Skipper
Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P
Smith, T Y Smith, V YSmyre YSnelling YSnow YStallings
Stancil, F

Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens YTaylor
Teague YTeper
Thomas YTillman Y Titus Y Tolbert YTrense
Turnquest
YTwiggs Y Walker, L
Walker, RL Y Watson YWest Y Westmoreland
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 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 organizations providing services and facilities to the state; to define terms; to provide for required financial reporting and other reporting; to provide for audits; to provide for review by the state auditor; to provide for required corrective actions.

The following amendments were read and adopted:
Representative Joyce of the 1st moves to amend SB 474 by inserting after the word "including" on line 35 of page 10 the following:
"lobbying as defined in Code Section 21-5-70,".
Representative Rice of the 79th moves to amend SB 474 as follows: Page 2, line 18 after "schools," add "and religious organization providing services to the state,".
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 Anderson YAshe

Y Bailey Y Bannister YBarfoot

Y Barnard YBaraes
Y Bates

Y Benefield
YBirdsong YBohannon

Y Bordeaux Y Bradford
YBnedlove

MONDAY, MARCH 16, 1998

2047

Y Bridges N Brooks
Y Brown YBuck YBuckner YBunn
Buikhalter YByrd YCampbeU
Y Canty YCash Y Channel! YChilden Y Clark
YCoan YColeman,B
Coleman, T YComwll Y Cooper YCrawford Y Crews YCulbreth Y Cunuiiiiucs YDavis, G YDavta, M
Day YDeLoach, B YDeLoach, G YDii YDixon YDobbs Y Dukes YEhrhart

YEpps Y Evans YEverett
YFelton YFloyd Y Franklin Y Golden Y Graves
Graene 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 Y Jackson Y James Y Jamieson YJenkim
Johnson Y Jobnston

Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord
Y Lucas YMaddox
Mann Y Manning Y Martin, J Y Martin, J.L
YMassey YMcBee YMcCall Y McClinton YMcKinney Y Mills
Mobley YMosley Y Mueller YO'Neal
Orrock YParham Y Punish Y Parsons YPelote Y Perry Y Pinholster YPoag

YPolak Ponder
Y Porter YPowell YPurcell YRagas YRandall
Ray Y Reaves Y Reichert YRice Y Richardson
Roberts Y Rogers
Royal Y Sanders YSauder 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 YSnelUng YSnow YStallings YStancil,F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens YTaylor
Teague YTeper
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 Y Worthan YYates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 160, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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.

The following Committee substitute was read and withdrawn:

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 repeal certain provisions relating to training requirements; to provide certain exemptions; to amend Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions under the "Georgia Peace Officer Standards and Training Act," so as to change the definition of the term "peace officer"; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to sheriffs, is amended by striking Code Section 15-16-1,

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relating to qualifications of sheriff and training requirements, and inserting in lieu thereof a new Code Section 15-16-1 to read as follows:
"15-16-1.
(a)Intent. The General Assembly declares it to be in the best interests of the citizens of this state that qualifications and standards for the office of sheriff be determined and set so as to improve both the capabilities and training of those persons who hold the office of sheriff. With the increase of crime continuing as a major social problem in this state and with the understanding that the sheriff is the basic law enforcement officer of the several counties of this state, it is declared to be the intent of the General Assembly that proper qualifications and standards be required of the person holding the office of sheriff so as to increase the effectiveness and capabilities of the several sheriffs of this state as law enforcement officers to combat crime. (b)General requirements. Except as otherwise provided in this Code section, sheriffs are elected, qualified, commissioned, hold their offices for the same term, and are subject to the same disabilities as the clerks of the superior courts. (c)Qualifications.
(1) No person shall be eligible to hold the office of sheriff unless such person: (A) At the time of qualifying as a candidate for the office of sheriff is la a citizen of the United States; (B) Has been a resident of the county in which he or she seeks the office of sheriff for at least two years immediately preceding the date of the election for sheriff qualifying for election to the office; (C) At the time of qualifying as a candidate for the office of sheriff is fe a registered voter; (D) At the time of qualifying as a candidate for the office of sheriff has Has attained the age of at least 25 years prior te the date ef his er her qualifying for
(E) At the tune of qualifying as a candidate for the office of sheriff has Has obtained a high school diploma or its recognized equivalent in educational training as established by the Georgia Peace Officer Standards and Training Council; (F) Has not been convicted of a felony offense or any offense involving moral turpitude contrary to the laws of this state, any other state, or the United States; provided, however, that a conviction ef homicide by vehicle which occurred prier te
ander the influence ef alcohol er drags shell net be considered a conviction under this aubparograph if seek convicted person has received a- pardon for avert offense plea of nolo contenders to a felony offense or any offense involving moral turpitude contrary to the laws of this state shall have the same effect as a plea of guilty, thereby disqualifying such a person from holding the office of sheriff; (G) Is fingerprinted and a search made of local, state, and national fingerprint files to disclose any criminal record, which fingerprints are to be taken under the direction of the judge of the probate court and must be taken on or before, but no later than, the close of qualification for election to the office of sheriff; (H) At the time of qualifying as a candidate for the office of sheriff gives Gives a complete written history of his or her places of residence for a period of six years immediately preceding his or her qualification date, giving the house number or RFD number, street, city, county, and state; (I) At the time of qualifying as a candidate for the office of sheriff gives Gives a complete written history of his or her places of employment for a period of six years immediately preceding his or her qualification date, giving the period of time employed and the name and address of his or her employer; and (J) At the time of qualifying as a candidate for the office of sheriff is fe a registered peace officer as provided in Code Section 35-8-10 or is a certified peace officer as defined in Chapter 8 of Title 35r Any person who is net ft registered er certified peace officer at the time stteh person assumes the office ef sheriff shall be required te complete satisfactorily the requirements for certification as ft peace officer as pre-
Chapter 8 of !Ktte 36 at fee first training coarse available after saeh person

MONDAY, MARCH 16, 1998

2049

requirements may be grouted by the Georgia Peace Officer Standards and Training
OOUHC11 UpOlt cnC pfGSCnvftvlOR Or CVluCHCG Uy ft SQCTirr ulAt 116 Or" 3G WAS URAlnC
to complete the basic training coarse and certification requirements due te illness, nmmyj RMnrAjy 96FV1CO) o? OTHCT FGASORS uccHioOi suiricicnt oy SUCR council* T. HC Georgia Peace Officer Standards ad Training Council shall make every effort te ensure that apace is available for newly elected sheriffs whe are not certified or reg-
ttraOroCc p&ACC OH1CW9 TO ftcvORCr Wi CQUT8C AS1 80OR AS1 pOSSlDIC AflCP 8UCR JfG8OR&
wUE0 OHlCCT ollCR COURC11 SRAlr ROttiy tRO ftppFOpPlAlC JUdgc Or U1C pFODAvC COUFv
whenever a newly elected sheriff who is net certified fails to become certified as a peaee officer pursuant te the requirements of this aubparagraph. (2) Each person offering his or her candidacy for the office of sheriff shall, within 60 days prior to or at the time such person qualifies: (A) File with the officer before whom such person has qualified to seek the office of sheriff a certified copy of his or her birth certificate and a certified copy of his or her high school diploma or certified proof of its recognized equivalent in education training as established by the Georgia Peace Officer Standards and Training Council; and (B) Swear or affirm before the officer before whom such.person has qualified to seek the office of sheriff that he or she has; meets; or w& meet by the date of- the election all of the qualifications required by this subsection and that he or she has complied with the requirements of subparagraph (G) of paragraph (1) of this subsection no later than the close of qualification for election to the office of sheriff. (3) Each person offering to run for the office of sheriff and who is otherwise qualified shall be allowed, six months prior to qualifying and at his or her own expense, to attend the basic mandate course for peace officers. The Georgia Peace Officer Standards and Training Council shall work to ensure that space is available for such individuals to attend the course. (d)Trainmg session. From and- after January IT 1080, every newly elected- sheriff i his
Of fid nirSt fORR SRAii TJC FCCJU1FCC1 TO COHlplCtC ft PAIRIR 8C881OH 'Ox RO IGflfl UlQJi IOUT --w--oo--iTtO..f vA*ov w WA V^. --w--ZJiu.u. c--&A.c- Jti 1u-y-. tJu.--iy-. Q-- -v--uuJo--ix--sj-r. c_c---rwAijlnu_uJ Vw-y- 4u-|i-cn fv1jncnuri^iriinn T*cnnnru~irr- O<Jfifiinr*ncri fDiIt/nCrU>I_^
dfirds and ^Fratfimg Council and as maybe selected by fee Georgia Sheriffs' Association. Thfe training shall be completed during the first calendar year of the first term of the newly elected sheriffs term of officer Any newly elected sheriff who is unable- to attend-
BAAU) WlWUU ORe yCQJf TTOBft t6 ClflvC SUCn flISADillty Or C&USO tBPRllllflvCs, CORrplClC ft
course of- instruction as dutctniincd by the Georgia Sheriffs' Association and approved by the Georgia Peaee Officer Standards and Training Council. Any newly elected sheriff who dees net fulfill the obligations ef- this subsection shall tese his- er her power of
(c)Annual training.
\i) JrfOHk ARO AIv6F uUly x^ XUV t flO pCFSOR Sflftlr DC CHJJIDIC vO ROlu WIC OlIlCG Or SRCF1II
anteeshe or she attends a fahrinmm ef 36 hears2 training annually -as -may be selected by fee Georgia Sheriffs' Association. (2) The basis for the minimum annual requirement el in-service training shall be the
CA16RCUU? yCflPr oRGPlIIS WRO SftllSlACtOPlly COftlplCTC IflC DA81C COUF9C Or IFnlRlHg in
accordance witt ttie provisions ef this chapter after April i in any calendar year shall be CKCuscd from the minimum annual training requirement for the calendar year during which the basic coarse is completed.
\o) A WA1V6F Ox fnC PCQUlFCttlCnT Or Rn^RnntHtt ARRUCtl 1RTMBBFVlCe tPuinilig Rxfly wC
^TfinrCct Dy tnC OCOf^rft rCftCC vHlCCF OCftROAlrOiS ARO 1 FAlRlRg U/OUHCH> nr 1D8 CUBCFC
tien; apen the presentation of evidence by a sheriff that he er she was unable te com-
plCXG SUCu tFAlRlR^ QUC vO nrCCnCftr u 18ftDility$ pFOVlQCRtlAl CflUSCj Or OtRCP TcftBOR
doomed sufficient by fee council. (4) Any person who fails to complete the minimum- anattal in-service training required under this Gede section and who has net received a waiver of saeh requirement pursuant te paragraph (3) of-Ms subsection shall net perform any ef the duties of sheriff

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JOURNAL OF THE HOUSE,

TXIC pOWCf Or AfFCSr UDlli SUCft cfAIBIH^ BHAli flQVG D6GH
Or W QftyS ftftJP SJnOFltt WttO iftttS tO COflftplCtC vn9 tttHMIQUHt CUUHVMtx lllH8GFVt66 vFCUlttfi
required ttndef this Cede section. !Phe probate judge ef the eeanty ef the sheriffs residenee shall appoint ft person who meets the qualifications for sheriff pursuant to this Gede seetien to assume the duties and rcsponsibilitioa of the office ef sheriff duringany such period ef suspenaion. #>{d}Exemption. The requirements of subparagraphs (c)(l)(D), (c)(l)(E), (c)(l)(H), (c)(l)(I). and (c)(l)(J) of this Code section and the requirements ef subsection {4} ef this ede section shall be deemed to have been met by any person who shall have served as a duly qualified and elected sheriff of one of the several counties of this state for a period of two years."
SECTION 2. Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions under the "Georgia Peace Officer Standards and Training Act," is amended by striking paragraph (8) and inserting in lieu thereof a new paragraph (8) to read as follows:
"(8) 'Peace officer' means, for purposes of this chapter only: (A) An agent, operative, or officer of this state, a subdivision or municipality thereof, or a railroad who, as an employee for hire or as a volunteer, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws through the power of arrest and whose duties include the preservation of public order, the protection of life and property, and the prevention, detection, or Investigation of crime; (B) An enforcement officer who is employed by the Department of Transportation in its Office of Permits and Enforcement and any person employed by the Department of Children and Youth Services who is designated by the commissioner to investigate and apprehend unruly and delinquent children; and (C) Personnel who are authorized to exercise the power of arrest and who are employed or appointed by the Department of Corrections, the State Board of Pardons and Paroles, county correctional institutions, and county probation systems?
Sheriffs who held elective effiee find fatw enforcement support personnel -are net peace officers within the meaning of- this chapter, bat they may be certified ttpen voluntarily complying with the certification provisions of- this chapter."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Heard of the 89th, was read:
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 repeal certain provisions relating to training requirements; to provide certain exemptions; to amend Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions under the "Georgia Peace Officer Standards and Training Act," so as to change the definition of the term "peace officer"; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to sheriffs, is amended by striking Code Section 15-16-1, relating to qualifications of sheriff and training requirements, and inserting in lieu thereof a new Code Section 15-16-1 to read as follows:
"15-16-1.

MONDAY, MARCH 16, 1998

2051

(a)Intent. The General Assembly declares it to be in the best interests of the citizens of this state that qualifications and standards for the office of sheriff be determined and set so as to improve both the capabilities and training of those persons who hold the office of sheriff. With the increase of crime continuing as a major social problem in this state and with the understanding that the sheriff is the basic law enforcement officer of the several counties of this state, it is declared to be the intent of the General Assembly that proper qualifications and standards be required of the person holding the office of sheriff so as to increase the effectiveness and capabilities of the several sheriffs of this state as law enforcement officers to combat crime. (b)General requirements. Except as otherwise provided in this Code section, sheriffs are elected, qualified, commissioned, hold their offices for the same term, and are subject to the same disabilities as the clerks of the superior courts. (c)Qualifications.
(1) No person shall be eligible to hold the office of sheriff unless such person: (A) At the time of qualifying as a candidate for the office of sheriff is fe a citizen of the UniteTStates; (B) Has been a resident of the county in which he or she seeks the office of sheriff for at least two years immediately preceding the date of the election for sheriff qualifying for election to the office: (C) At the tune of qualifying as a candidate for the office of sheriff is fe a registered voter; (D) At the time of qualifying as a candidate for the office of sheriff has Has attained the age of at least 25 years prier te the date ef- his er her qualifying for
(E) At the time of qualifying as a candidate for the office of sheriff has Has obtained a high school diploma or its recognized equivalent in educational training as established by the Georgia Peace Officer Standards and Training Council; (F) Has not been convicted of a felony offense or any offense involving moral turpitude contrary to the laws of this state, any other state, or the United States; provided, however, that a conviction ef homicide by vehicle which occurred prier te vcmuctfy "tf TTTOO? AHQ WDICA did not involve tft OIXGBS& of driving & motor vcriicic under the influence ef- afeehel er drugs shall net be considered a conviction under
plea of nolo contendere to a felony offense or any offense involving moral turpitude contrary to the laws of this state shall have the same effect as a plea of guilty, thereby disqualifying such a person from holding the office of sheriff; (G) Is fingerprinted and a search made of local, state, and national fingerprint files to disclose any criminal record, which fingerprints are to be taken under the direction of the judge of the probate court and must be taken on or before, but no later than, the close of qualification for election to the office of sheriff; (H) At the time of qualifying as a candidate for the office of sheriff gives Givca a complete written history of his or her places of residence for a period of six years immediately preceding his or her qualification date, giving the house number or RFD number, street, city, county, and state; (I) At the time of qualifying as a candidate for the office of sheriff gives Gives a complete written history of his or her places of employment for a period of six years immediately preceding his or her qualification date, giving the period of time employed and the name and address of his or her employer; and (J) Is a registered peace officer as provided hi Code Section 35-8-10 or is a certified peace officer as defined in Chapter 8 of Title 35. Any person who is not a registered or certified peace officer at the time such person assumes the office of sheriff shall be required to complete satisfactorily the requirements for certification as a peace officer as provided in Chapter 8 of Title 35 at the first training eeurse available within six months after such person takes office; provided, however, that an extension of the time to complete such requirements may be granted by the Georgia Peace Officer Standards and Training Council upon the presentation of evidence by a sheriff that he or she was unable to complete the basic training course and certification requirements due to illness, injury, military service, or other reasons deemed

2052

JOURNAL OF THE HOUSE,

sufficient by such council. The Georgia Peace Officer Standards and Training Council shall make every effort to ensure that space is available for newly elected sheriffs who are not certified or registered peace officers to attend the course as soon as possible after such persons take office. Such council shall notify the appropriate judge of the probate court whenever a newly elected sheriff who is not certified fails to become certified as a peace officer pursuant to the requirements of this subparagraph. (2) Each person offering his or her candidacy for the office of sheriff shall, within 60 days prior to or at the time such person qualifies: (A) File with the officer before whom such person has qualified to seek the office of sheriff a certified copy of his or her birth certificate and a certified copy of his or her high school diploma or certified proof of its recognized equivalent in education training as established by the Georgia Peace Officer Standards and Training Council; and (B) Swear or affirm before the officer before whom such person has qualified to seek the office of sheriff that he or she bas; meets? er -m& meet by the date of the election all of the qualifications required by this subsection^ except as otherwise provided in subparagraph (J) of paragraph (1) of this subsection, and that he or she has complied with the requirements of subparagraph (G) of paragraph (1) of this subsection no later than the close of qualification for election to the office of sheriff. (3) Each person offering to run for the office of sheriff and who is otherwise qualified shall be allowed, six months prior to qualifying and at his or her own expense, to attend the basic mandate course for peace officers. The Georgia Peace Officer Standards and Training Council shall work to ensure that space is available for such individuals to attend the course. (d)Tfoinmg session. F*e and after January IT 1080, every newly elected sheriff in his
weeks? te be conducted by any academy certified by the Georgia Peace Officer Standards and Training Council and as may be selected by the Georgia Sheriffa* Association. This training sbatt be completed eta-ing the first calendar year ef the first tcirn ef- the newly ejected sheriffs term ef- officer Any newly elected sheriff who is unable to attend
U11B uPftinill COUP9C WflCtt OliCrCQ D&CftVtSC Or fftCcncftr Q19CLDillty OF prOVlClOTlllIll CfRlBO'
eearse of- instruction as determined by the Georgia Sheriffs' Association nd approved by fee Georgia Peace Officer Standards and ^Framing eanettr Any newly elected sheriff who dees net fulfill the obligations ef- this subsection shall lose his er her- power of
{e)Anmial training.

by fee Georgia Sheriffs' Association. (2) The basis for the minimum annual requirement ef- in-aervicc training shaH be the
accordance with the provisions ef this chapter after April-]: in any calendar year shaH be excused ftem the minimum animal training requirement fer the calendar year during which fee basic eearse is completed.
UII1CGP OvftHuftKn Ulu A rfllBlMj, OOUttCllj Vft IvS
tien? pen fee presentation ef evidence by a sheriff feat he er she was unable te com
deemed sufficient by fee council. (4) Any person whe fails te complete fee minimum annual in-service teaming required tinder this Cede section and whe baa net received a waiver ef- atreh requirement pursu ant te paragraph {3) ef this subsection shaH net perform any ef fee duties ef sheriff
Or AH09v Ullvli 8UCI1 1ft AQulv1OHf xAG O OV6FHOJ? Blfly 8U8pCHu IFOIfi OIIlCC WlwAOUt pty lOr ft

MONDAY, MARCH 16,1998

2053

required tmdef th Cede acetion. he probate judge of fee eetmty ef- the sheriffa residence shall appoint ft person who meets the qualifications for sheriff pursuant t this Gede seetien to assume the duties and responsibilities erf the effiee of sheriff daring any 9eh period of suspension. #%d}Exemption. The requirements of subparagraphs (c)(l)(D), (c)(l)(E), (c)(l)(H), (c)(l)(I). and (c)(l)(J) of this Code section and the requirements of subsection <d) <rf this Cede section shall be deemed to have been met by any person who shall have served as a duly qualified and elected sheriff of one of the several counties of this state for a period of two years."
SECTION 2. Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions under the "Georgia Peace Officer Standards and Training Act," is amended by striking paragraph (8) and inserting in lieu thereof a new paragraph (8) to read as follows:
"(8) 'Peace officer' means, for purposes of this chapter only: (A) An agent, operative, or officer of this state, a subdivision or municipality thereof, or a railroad who, as an employee for hire or as a volunteer, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws through the power of arrest and whose duties include the preservation of public order, the protection of life and property, and the prevention, detection, or investigation of crime; (B) An enforcement officer who is employed by the Department of Transportation in its Office of Permits and Enforcement and any person employed by the Department of Children and Youth Services who is designated by the commissioner to investigate and apprehend unruly and delinquent children; and (C) Personnel who are authorized to exercise the power of arrest and who are employed or appointed by the Department of Corrections, the State Board of Pardons and Paroles, county correctional institutions, and county probation systems?
Sheriffs who -held elective effiee and tew enforcement support personnel -are aet peace officers within fee meaning of this chapter, bat they may be certified upon voluntarily complying with the certification provisions of- this chapter."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative Scott of the 165th moves to amend the Floor substitute to SB 142 as follows:
Line 43 page 5 strike "shall have served" insert in its place "is currently serving"
Line 2 page 6 strike "for a period of two years".

Representative Heard of the 89th, et al. move to amend the Floor substitute to SB 142 as follows:
By adding after "(c) (1) (E)" on line 40, page 5 the following:
"(c) (1) (F)".

The following amendment was read:

Representative Shaw of the 176th moves to amend the Floor substitute to SB 142 as follows:
Page 2 line 20 change 25 to 21.

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JOURNAL OF THE HOUSE,

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

Alien N Andersen NAshe N Bailey
Bannister YBarfoot N Barnard NBarnes Y Bates NBenefield
NBirdsong NBohannon N Bordeaux N Bradford NBreedlove N Bridges Y Brooks N Brown NBuck NBuckner NBunn
Buikhalter NByrd N Campbell
Canty NCash N Channel! NChilden N Clark NCoan NColeman, B YColeman, T N Cornel) N Cooper N Crawford
Crews

NCulbreth N CumnungB NDavis, G Y Da , M
Day NDeLoach, B NDeLoach, G NDiz NDizon NDobba N Dukes NEhrhart NEpps N Evans
Everett NFelton
NFloyd N Franklin Y Golden N Graves NGreene NGrindley N Hammontree N Manner N Harbin N Heard NHecht NHeckstall NHegstrom
Henson Y Holland N Holmes N Houston
N HoW&Tu
Hudgens Y Hudson, H

N Hudson, N
NHugley NIrvin
N Jackson Y James NJamieson EJenkins N Johnson Y Johnston Y Jones N Joyce NKaye NLadd NLakly NLane NLee N Lewis
NLord Y Lucas
Maddoz NMann N Manning N Martin, J N Martin, J.L
NMasaey NMcBee
McCall NMcClinton YMcKinney N Mills
N Mobley NMosley NMueller NO'Neal N Orrock NParham

NPanish N Parsons NPelote Y Perry NPinholster
NPoag NPolak N Ponder
N Porter NPowell NPurceU NRagas NRandall
NRay N Reaves NReichert NRice N Richardson
N Roberts Rogers
N Royal N Sanders NSauder
NScarlett NScheid Y Scott NShanahan
YShaw NSherriU
NShipp YSims N Sinkfield
N Skipper N Smith, C N Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 24, nays 141. The amendment was lost.

N Smith, L.R Y Smith, P N Smith, T N Smith, V NSmyre NSnelling YSnow N Stalling* NStancO,F NStancil, S N Stanley, L
N Stanley, P N Stephens NTaylor
Teague NTeper Y Thomas NTillman N Titus YTolbert NTrense NTurnquest YTwiggs Y Walker, L Y Walker, R.L NWataon NWest N Westmoreland
NWhitaker N Wiles N Williams, B N Williams, J N Williams, R NWorthan NYates
Murphy, Spkr

Representative Mueller of the 152nd moved that the House reconsider its action in adopting the Heard amendment.
On the motion, the roll call was ordered and the vote was as follows:

Alien N Andersen
YAshe N Bailey
Bannister YBarfoot Y Barnard NBames Y Bates N Benefield NBirdsong YBohannon Y Bordeaux N Bradford
Y Breedlove Y Bridges N Brooks Y Brown NBuck N Buckner N Bunn N Burkhalter NByrd Y Campbell

Canty YCash N Channel! N Childere Y Clark YCoan
Coleman, B NColeman, T NConnell
Y Cooper Y Crawford
Crews N Culbreth
Y Cummings N Davis, G Y Davis, M
Day YDeLoach,B NDeLoach, G YDix YDixon
YDobbs N Dukes YEhrhart

NEpps Y Evans
Everett Felton NFloyd N Franklin Y Golden Y Graves YGreene
YGrindley Y Hammontree N Manner N Harbin N Heard NHecht NHeckstall NHegstrom
Henson N Holland N Holmes Y Houston N Howard
Hudgens N Hudson, H

Y Hudson, N NHugley Ylrvin Y Jackson
N James NJamieson NJenkins
Johnson Y Johnston N Jones N Joyce YKaye NLadd YLakly NLane
NLee Y Lewis
NLord N Lucas
Maddox YMann Y Manning N Martin, J N Martin, J.L

YMassey NMcBee
McCall YMcClinton NMcKinney Y Mills
N Mobley YMosley Y Mueller NO'Neal
N Orrock NParham NParriah Y Parsons NPelote Y Perry YPinholster YPoag NPolak Y Ponder N Porter
Powell NPurceU NRagas

NRandall NRay Y Reaves NRefchert YRioe Y Richardson N Roberta Y Rogers N Royal Y Sanders NSauder YScarlett

MONDAY, MARCH 16,1998

YScheid N Scott NShanahan YShaw NSbeniU NSbipp YSims NSinkfieM 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 NSmyre YSnelling NSnow N Stalling! NStancU, F Y Stances N Stanley, L N Stanley, P

Y Stephens N Taylor
Teague NTeper N Thomas NTillman Y Titus Y Tolbert YTrense NTurnquest YTwiggs N Walker, L

2055
Y Walker, R.L N Watson NWest Y Westmoreland YWhitaker Y Wiles Y Williams, B Y Williams, J N Williams, R Y Worthan YYates
Murphy, Spkr

On the motion, the ayes were 76, nays 88. The motion was lost.

The following amendment was read:

Representative Joyce of the 1st moves to amend the Floor substitute to SB 142 as follows: Page 3 line 28 replace "within six months" with "one year".

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

Alien NAndenon NAahe N Bailey
Bannister NBarfoot N Barnard NBanws NBatM NBenefleld NBIrdsong NBohannon N Bordeaux N Bradford NBreedlove N Bridges Y Brooks N Brown NBuek NBuckner YBunn NBurkhalter NByrd N Campbell
Canty YCash NChannell NChiMen Y Clark YCoan NColeman, B NColeman, T NConneU N Cooper NCrawford
Crews

NCulbreth Y dimming* NDavis, G YDavis, M
Day NDeLoach,B YDeLoach, G NDiz NDizon NDobbs N Dukes NEhrhart NEpps N Evans NEverett NFelton NFloyd Y Franklin Y Golden N Graves NGnene NGrindley NHammontne N Manner
N lUrDUl
N Heard NHecht NHeckstaU NHegstrom
Henson N Holland N Holmes N Houston N Howard NHudgens N Hudson, H

N Hudson, N NHugley NIrvin N Jackson N James NJamieson NJenkins N Johnson YJohnston N Jones Y Joyce YKaye YLadd YLakly NLane NLee NLewis NLord N Lucas
Maddox NMann N Manning N Martin, J N Martin, J.L YMassey NMcBee
McCall NMcClinton NMcKinney N Mills N Mobley NMosley NMueller NO'Neal NOrrock NParnam

NParrish N Parsons NPelote N Perry NPinholster NPoag NPolak N Ponder N Porter NPowell NPurcell NRagas YRandall NRay N Reaves NReichert NRice N Richardson N Roberts N Rogers N Royal Y Sanders YSauder NScarlett
Scheid Scott NShanahan YShaw NSherrill YShipp NSims YSinkfield Skipper N Smith, C N Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 30, nays 137. The amendment was lost.

The Floor substitute, as amended, was adopted.

N Smith, L.R N Smith, P N Smith, T Y Smith. V NSmyre NSnelling NSnow NStallings N Stencil, F N Stancil, S N Stanley, L Y Stanley, P N Stephens N Taylor
Teague NTeper N Thomas NTillman N Titus NTolbert NTrense YTurnquest NTwiggs N Walker, L Y Walker, R.L N Watson NWest Y Westmoreland YWhitaker Y Wiles N Williams, B N Williams, J N Williams, R N Worthan YYates
Murphy, Spkr

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JOURNAL OF THE HOUSE,

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

Alien YAnderson YAihe Y Bailey
Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield YBirdsong NBohannon Y Bordeaux Y Bradford NBreedlove Y Bridges N Brooks N Brown YBuck YBuckner YBunn Y Burkhalter YByrd Y Campbell
Canty YCash YChannell YChUden Y Clark NCoan NColeman, B
YCohman,T YConneU Y Cooper YCrawford NCrews

YCulbreth Y Cummings YDavis, G NDavis, M
Day YDeLoach,B NDeLoech, G NDix YDixon
YDobbs Y Dukes NEhrhart YEpps N Evans YEverett YFelton YFloyd N Franklin Y Golden Y Graves Y Green. YGrindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckBtall YHegstrom
Henson Y Holland
Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N YHugley NIrvin
Y Jackson Y James YJamieson YJenkins Y Johnson Y Jobnston Y Jones N Joyce YKaye YLadd NLakly YLane YLee Y Lewis YLord Y Lucas YMaddoz
NMann Y Manning Y Martin, J Y Martin, J.L NMassey YMcBee YMcCall YMcClinton YMcKinney N Mills Y Mobley YMoaley NMueller YO'Neal YOrrock YParham

Y Punish Y Parsons YPelote Y Perry NPinholster YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas YRandaU YRay Y Reaves Y Reichert NRice N Richardson Y Roberts Y Rogers Y Royal N Sanders YSauder YScarlett NScheid Y Scott Y Shanahan YShaw YSherrill YShipp YSims Y Sinkfield
Y Skipper Y Smith, C N Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T N Smith, V YSmyre Y Snelling YSnow YStallings YStancil, F
N Stancil, S N Stanley, L N Stanley, P Y Stephens YTaylor
Teague YTeper Y Thomas YTilhnan Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest N Westmoreland NWhitaker Y Wiles
N Williams, B N Williams, J Y Williams, R
NWorthan YYates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 138, nays 35.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Bannister of the 77th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay"
thereon.

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

The Senate has adopted, as amended, by the requisite constitutional majority the following resolution of the House:

HR 1142. By Representative Tillman of the 173rd: A resolution compensating Mr. Henry C. Batson.

MONDAY, MARCH 16, 1998

2057

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

HB 1642.

By Representative Barnes of the 33rd:
A Bill to amend Code Section 15-1-9.2 of the Official Code of Georgia, Annotated, 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; and for other purposes.

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 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 called the House to order.
Representative Coleman of the 142nd District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 575 Do Pass, by Substitute
Respectfully submitted, /s/ Smith of the 12th
Vice-Chairman
Representative Porter of the 143rd District, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 491 Do Pass
Respectfully submitted, /s/ Porter of the 143rd
Chairman
Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1278 Do Pass
Respectfully submitted, /s/ Lord of the 121st
Chairman
Representative Lee of the 94th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

MONDAY, MARCH 16, 1998

2059

HR 1277 Do Pass
HR 1279 Do Pass HR 1281 Do Pass

Respectfully submitted,
M Lee of the 94th Chairman

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

The Senate has disagreed to the House amendments to the following bill of the Senate:

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 organizations providing services and facilities to the state; to define terms; to provide for required financial reporting and other reporting; to provide for audits; to provide for review by the state auditor; to provide for required corrective actions.

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

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 Annotated, relating to the admissibility of medical reports, so as to provide that the provisions of said Code section shall not be applicable to workers' compensation 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 Senate has passed, by substitute, by the requisite constitutional majority the following bills of the House:

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.

HB 1393.

By Representatives Channell of the lllth, Rogers of the 20th, Reichert of the 126th 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, moving water skis, moving aquaplane, moving surfboard, or personal watercraft while under the influence of alcohol or drugs.

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JOURNAL OF THE HOUSE,

The following Resolution of the House was withdrawn from the Committee on Education:

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.

The following Resolutions of the House were read and adopted:

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 1334.

By Representatives Scheid of the 17th, Stancil of the 16th and Pinholster of the 15th:
A resolution commending Woodstock Chief of police David Lyons and Woodstock Fire Chief Jerry Smith.

HR 1336.

By Representatives Bordeaux of the 151st, Pelote of the 149th, Mueller of the 152nd, Thomas of the 148th and Stephens of the 150th:
A resolution congratulating and commending the Savannah High School Blue Jackets men's basketball team.

HR 1337. By Representative Childers of the 13th: A resolution congratulating David Harrison Turner on his 80th birthday.

HR 1338. By Representative Bannister of the 77th:
A resolution commending the Parkview High School Panthers varsity cheerleaders.

HR 1339.

By Representatives Franklin of the 39th, Ehrhart of the 36th, Wiles of the 34th, Grindley of the 35th, Kaye of the 37th and others:
A resolution congratulating Honorable Charles C. Clay and his wife, Sarah, on the birth of their son.

HR 1340.

By Representative Smith of the 169th:
A resolution recognizing the honorary name of the Curtis Lee Marion Bridge in Bacon County and designating that a sign be erected upon the bridge on State Highway 1 crossing Hurricane Creek in Bacon County which would read as follows: "In Honor of Curtis Lee Marion".

HR 1341.

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 designating 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".

MONDAY, MARCH 16, 1998

2061

HR 1342.

By Representative Smith of the 169th:
A resolution recognizing the honorary name of the Sergeant J. D. "Eddie" Miles Bridge in Bacon County and designating that a sign be erected upon the bridge on State Highway 203 at the boundary of Appling and Bacon Counties which would read as follows: "In Honor of Sergeant J. D. 'Eddie' Miles".

HR 1343. By Representative Pinholster of the 15th: A resolution recognizing and commending Kathy Shirley Cowart.

HR 1344. By Representative Pinholster of the 15th:
A resolution recognizing and commending Dr. Roger Orville Miller and Kay Miller.

HR 1345. By Representative Ponder of the 160th:
A resolution recognizing and commending Becca Hinson as the 1997-1998 State President of the Georgia Future Homemakers of America.

HR 1346. By Representatives Smith of the 103rd, Brown of the 130th, Westmorland of the 104th and Yates of the 106th:
A resolution commending Vernon Hunter.

HR 1347. By Representative Smith of the 169th: A resolution recognizing R. D. Thomas, Jr.

HR 1348.

By Representatives Brooks of the 54th, Barnes of the 33rd and McKinney of the 51st:
A resolution commemorating the 30th Anniversary of the assassination of the Reverend Dr. Martin Luther King, Jr.

HR 1349. By Representative Kaye of the 37th:
A resolution commending Bradley Taylor Dollar for his achievement in scouting.

HR 1350. By Representatives Franklin of the 39th, Coan of the 82nd and Joyce of the 1st:
A resolution expressing gratitude to the late Larry McDonald.

HR 1351. By Representative Teper of the 61st:
A resolution expressing regret at the passing of Dr. Mark Dexter Hollis and celebrating the achievements of his life.

HR 1352.

By Representatives Culbreth of the 132nd, Buck of the 135th, Taylor of the 134th, Hugley of the 133rd, Smyre of the 136th and others:
A resolution expressing sympathy at the passing of Charles Benjamin Morrow.

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HR 1363.

By Representatives Jackson of the 112th, Harbin of the 113th, Williams of the 114th and Bailey of the 93rd:
A resolution honoring Captain William T. Cooper, Jr., and expressing regret at his passing.

HR 1354. By Representatives Parsons of the 40th, Shipp of the 38th, Wiles of the 34th and Sauder of the 29th:
A resolution commending Stacy Hunt.

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

HR 1277.

By Representative Royal of the 164th:
A resolution inviting the coaches and players of the Mitchell-Baker High School Eagles basketball team to appear before the House of Representatives.

HR 1279.

By Representative Ponder of the 160th:
A resolution congratulating the Seminole County High School basketball team and inviting the team and its coaches to appear before the House of Representatives.

HR 1281.

By Representatives Ponder of the 160th and Greene of the 158th:
A resolution commending the coaches and players of the Southwest Georgia Academy Lady Warriors basketball team and inviting the team and coaches to appear before the House of Representatives.

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

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.

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

Alien Andersen YAibe Bailey Bannister YBarfoot Bernard Barnee Bates YBenefield YBirdsong Y Bohemian Bordeaux

Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck YBuckner
Bunn Y Burkhalter YByrd
Campbell Canty Cash

Y Channel! Childen
Y Clark Coan
Y Coleman, B Y Coleman, T YConnell
Cooper Y Crawford Y Crews Y Culbreth
Cununings Davis, G

Davis, M Day YDeLoach, B YDeLoach, G YOU Dixon YDobbs Dukes YEhrhart YEpps Y Evans YEverett Felton

Floyd Y Franklin
Golden Y Graves Y Greene
Grindley YHammontree Y Manner Y Harbin Y Heard YHecht
Heckstall YHegstrom

MONDAY, MARCH 16, 1998

2063

Henson Y Holland Y Holmes
Houston Y Howard YHudgans
Hudson, H YHudBOQ, N YHugley Ylrvin
Jackson Y James
JamiMon Jenkins Y Johnson YJohnston
Jones Joyce
YKaye YLadd
Lakly Lane YLee

Y Lewis YLord
Lucas Maddoz Mann Manning MsJtin, J
Y Martin, J.L Massey
YMcBee YMcCall YMcClinton
McKinney YMills YMobley YMosley
YMueller YO'Neal
YOtrock Parham
YPairish Y Parsons YPelote

Perry Y Pinholster YPoag
Polak Ponder Porter Powell YPurcaU
Ragas Randall
Ray Y Reaves YReichert YRice
Richardson
Roberts YRogers Y Royal
Y Sanders YSauder YScarlett
YScbeid Y Scott

Y Shanahan Shaw
YSherrill YShipp
Sims Y Sinkfield Y Skipper
Smith, C Smith, C.W Y Smith, L Smith, L.R Y Smith, P Y Smith, T Y Smith, V
Smyre Smelling
Snow Y Stalling!
Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens

Y Taylor Teague
YTeper Y Thomas YTillman
Titus YTolbert
Trense Turnquest YTwiggs Y Walker, L
Y Walker, R.L Y Watson
West Y WestmoreUnd
Whitaker Y Wiles
Williams, B Williams, J Williams, R Worthan Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 104, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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 provisions 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 Authority.

The following amendment was read and adopted:

Representative Reichert of the 126th, et al. move to amend SB 569 by striking from line 43 on page 4 the word "may" and inserting in lieu thereof the word "shall".
By striking from lines 43 on page 4 through line 2 on page 5 the following:
"members of the General Assembly, Friends of Georgia Music Festival, Inc., and other".
By striking lines 19 through 30 on page 5 which read as follows:
"(c) It shall be the main purpose and function of the advisory committee to make recommendations to the Georgia Music Hall of Fame Authority for induction into the Georgia Music Hall of Fame those individuals, living or dead, who by achievement or service have made outstanding and lasting contributions to music in this state or elsewhere; provided, however, that only persons selected by the Georgia Music Hall of Fame Authority shall be honored in the Georgia Music Hall of Fame. The advisory committee is authorized to conduct surveys and polls and to appoint such committees to assist it in performing its purpose and function."

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:

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Alien Andenon YAshe Bailey
YBarfoot YBamaid
Bates YBenefield YBirdsong YBohannon YBordenii Y Bradford YBreedlove Y Bridge. Y Brook. Y Brown YBuck YBuckner YBunn YBurkhatter YByrd
Campbell Canty Cadi YChannell ChOders Y Clark Coan YColeman,B YCotaman,T YConnell Y Cooper YCrawford Y Crews

YCulbreth Y CununinffB
Davi., G
Davie,M
Day YDeLoach,B YDeLoach,G YDii
Dizon YDobbs YDukes YEhrhart YBpp. Y Evans YEverett YFelton
Floyd Y Franklin
Golden Y Grave. YGreene
Grindley YHammontree Y Manner Y Harbin Y Heard YHecht
HeckiUU YHegstrom
Henwn Y Holland Y Holme.
Houston Y Howard YHudgens
Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson Y James YJamieson
Jenkins Y Johnson Y Johnston
Jones Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Maddox Mann
Y Martin, J Y Martin, J.L
Massey YMcBee YMcCall Y McClinton
McKinney Y Mills Y Mobley YMosley YMueUer YO-Neal YOrrock
Parham

Y Fairish Y Parsons YPelote
Perry YPinhobter YPoag YPolak
Ponder Y Porter YPowell YPurcell YRagas
Randall Ray Y Reaves YReichert YRice Richardson
Roberts Y Rogers Y Royal
Sanders YSauder YScarlett YScheid Y Scott YShanahan
Shaw YShenill YShipp
YSinu 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 NSnelling
Y Stalling. Stencil, F
YStancil, S Stanley, L
Y Stanley, P Y Stephens YTaylor
Teague YTeper Y Thomas Y Tillman
Titus YTolbert
Trense 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 Worthan YYates Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 128, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 693. By Senators Thompson of the 33rd and Dean of the 31st:
A bill to amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, 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; to provide for self-sufficient operation; to authorize the department to delegate its functions and to contract in other ways.

The following Committee substitute was read:

A BILL
To amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, 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; to provide for self-sufficient operation; to authorize the department to delegate its functions and to contract in other ways; to provide for correlation with other laws; 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 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, is amended by adding after Code Section 32-2-4 a new Code Section 32-2-4.1 to read as follows:

MONDAY, MARCH 16, 1998

2065

"32-2-4.1.
(a) Notwithstanding any other provision of law to the contrary, the department may acquire, construct, operate, and maintain a demonstration safety rest area and information center in Cobb County. For purposes of this Code section, the safety rest area and information center shall be known as the 'Gateway Center,' but the State Transportation Board may name or designate the center in its discretion. In addition to the powers provided in this Code section, cumulatively, the department shall have the same powers with respect to Gateway Center which the department otherwise enjoys with respect to safety rest areas, information centers, and welcome centers. (b) The purpose of Gateway Center shall be to act as a 'gateway' to all of Georgia. Toward that end it shall provide information, goods, and services which assist road travelers and tell them about Georgia. The center may have any facility and provide any service which furthers those purposes, including by way of illustration, but not limitation:
(1) Playground equipment; (2) Recreation areas;
(3) Indoor and outdoor eating areas; (4) Restaurant, snack bar, and other facilities for purveying food and beverage; (5) Vending machines; (6) Gift, novelty, and souvenir shops; (7) Advertising; (8) Information kiosks;
(9) Multimedia displays;
(10) Communication services, such as computer Internet connections; (11) Parking; and
(12) Markets.
The prices charged for any service or product shall approximate the prevailing rate within the area for similar items so as not to compete unfairly with private enterprise. (c) The department may establish a business plan for self-sufficient operation of Gate-
way Center and may retain for its improvement, maintenance, and operation all miscellaneous funds generated by its operation. Funds not expended for this purpose in the
fiscal year in which they are generated shall be deposited in the state treasury. Further, nothing in this Code section may be construed to allow the department to retain any funds required by the Constitution of Georgia to be paid into the state treasury. Except
with respect to Code Section 45-12-92 concerning miscellaneous funds, the department must also comply with Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' in regard to the fiscal operation of the center.
(d) By competitive process or negotiation, in its discretion, the department may contract, rent, license, allow, delegate, or otherwise act to cause private persons, public instrumentalities, and entities and units of state and local government to conduct the
activities of the center. The department may accept monetary payments in return for rights and privileges, and it may also accept in-kind consideration, which supports the purposes of this Code section. The agreements under this Code section may allow the
second parties to produce and retain revenue and may have a term not exceeding 50 years, whether the party is public or private. However, in no event may the department abrogate its ultimate responsibility or convey the fee, an estate for years, or any other
interest in the real property of Gateway Center for the purposes of this Code section. (e) Gateway Center may be a 'welcome center, tourist center, and safety rest area' for purposes of Code Section 49-9-42, and the preference given by Code Sections 49-9-41
and 49-9-42 shall not apply to or affect Gateway Center. (f) Gateway Center shall be a 'safety rest area and welcome center' for purposes of Code
Section 35-2-32, and the Uniform Division of the Department of Public Safety shall have jurisdiction to patrol Gateway Center for the purposes stated in that Code section.
(g) The department may pay the costs of Gateway Center from any lawful fund source, if it can comply with requirements of the fund source and this Code section. Possible sources may include, without limitation, miscellaneous funds from operation, gift, appro-
priation, proceeds of general obligation debt, funds of cooperating local governments and authorities, and grants by the United States or any agency or instrumentality thereof."

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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 following amendment was read and adopted:

Representative Mobley of the 69th moves to amend the Committee substitute to SB 693 as follows:
Page 3 - line 20 substitute the word "may" for the word "shall".

The Committee substitute, as amended, was adopted.

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

N Alien Anderson
YAahe Y Bailey Y Bannister YBarfoot Y Barnard YBames Y Bates YBenefield YBirdaong Y Bohannon Y Bordeaux
Bradford YBreedlove Y]
Y Brown YBuck
Budmer YBunn YBurkhalter YByrd Y Campbell Y Canty YCaah YChannell YChllden Y Clark YCoan YCoieman, B Y Coleman, T YConnell Y Cooper YCrawford Y Crews

Y Culbreth Y Cummings
Davia, G YDavia, M
Day YDeLoach, B YDeLoach,G
Diz YDizon YDobbe NDuke YEhrhart
YEppB Y Evans YEverett YFelton YFloyd Y Franklin
Golden Y Graves YGreene YGrindley Y Hammontree YHanner Y Harbin YHeard YHecht
Heckstall YHegatrom YHenson Y Holland Y Holme* Y Houston Y Howard NHudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin Y Jackson Y James Y Jamieson YJenkina N Jobnaon
Johnston N Jones N Joyce YKaye YLadd NLakly
Lane YLee Y Lewis
YLord Y Lucas NMaddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBce YMcCall YMcClinton
McKinney N Mills Y Mobley
Mosley Mueller YO-Neal YOrrock YParbam

Y Fairish Y Parsons YPelote N Perry YPinholster NPoag YPolak
Ponder Y Porter YPowell YPurceU NRagas
Randall Bay Y Reave* YRefchert YRice Y Richardson
Roberta Y Rogers
Y Royal Y Sanders YSauder YScarlett YScheid Y Scott YShanahan YShaw YSherrill
YShipp NSims
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 YStanciLS N Stanley, L Y Stanley, P
Y Stephens YTaylor
Teague NTeper
Thomas YTillman N Titus YTolbert YTrense
Turnquest YTwiggi Y Walker, L Y Walker, R.L NWataon YWeet 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 139, nays 18.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Due to a mechanical malfunction, the vote of Representative Bradford of the 30th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

MONDAY, MARCH 16, 1998

2067

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 Annotated, relating to child abuse, so as to change the provisions relating to meetings and proceedings of child abuse protocol committees and subcommittees; to provide that meetings and proceedings of the State-wide Child Abuse Prevention 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.

The following Committee substitute was read:

A BILL
To amend Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, so as to provide for the filling of vacancies on child abuse protocol committees; to authorize the chief superior court judge of a circuit to order certain agencies to participate on child abuse protocol committees; to provide that failure to comply with such an order shall be cause for punishment as for contempt of court; to provide for filing the child abuse protocol with the State-wide Child Abuse Prevention Panel; to provide for the child abuse protocol committee to file certain reports with the State-wide Child Abuse Prevention Panel and the chief superior court judge of the circuit; to change the procedures relating to investigations and reports after the death of a child; to provide for the duties of certain officers, child abuse protocol committees, and the child fatality review subcommittees of such committees; to provide for contents of reports filed by child fatality review subcommittees; to change the composition of the State-wide Child Abuse Prevention Panel; to change the provisions relating to meetings and proceedings of child abuse protocol committees and subcommittees; to change the provisions relating to use of information and records of the State-wide Child Abuse Prevention Panel and child abuse protocol committees and subcommittees; to provide that information acquired by and documents, records, and reports of the panel and child abuse protocol committees and subcommittees applicable to a child who at the time of his or her death was in the custody of a state department or agency or foster parent shall not be confidential and shall be subject to Article 4 of Chapter 18 of Title 50, relating to open records; to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to provide that certain child abuse and deprivation records and information in the central child abuse registry applicable to a child who at the time of his or her death was in the custody of a state department or agency or foster parent shall not be confidential and shall be subject to Article 4 of Chapter 18 of Title 50, relating to open records; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, is amended by striking Code Section 19-15-2, relating to the establishment of child abuse protocol committees, and inserting in lieu thereof a new Code Section 19-15-2 to read as follows:
"19-15-2.
(a) Each county shall be required to establish a child abuse protocol as provided in this Code section. (b) The chief superior court judge of the circuit in which the county is located shall establish a child abuse protocol committee as provided in subsection (c) of this Code section and shall appoint an interim chairperson who shall preside over the first meeting and the chief superior court judge shall appoint persons to fill any vacancies on the committee. Thus established, the committee shall thereafter elect a chairperson from its membership.

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(c)(l) Each of the following agencies of the county shall designate a representative to serve on the committee:
(A) The office of the sheriff; (B) The county department of family and children services; (C) The office of the district attorney; (D) The juvenile court; (E) The magistrate court; (F) The county board of education; (G) The county mental health organization; (H) The office of the chief of police of a county in counties which have a county police department; (I) The office of the chief of police of the largest municipality in the county; (J) The county board of health, which shall designate a physician to serve on the committee; and (K) The office of the coroner or county medical examiner. (2) In addition to the representatives serving on the committee as provided for in paragraph (1) of this subsection, the chief superior court judge shall designate a representative from a local citizen or advocacy group which focuses on child abuse awareness and prevention.
(3) If any designated agency fails to carry out its duties relating to participation on the committee, the chief superior court judge of the circuit may issue an order requiring the participation of such agency. Failure to comply with such order shall be cause for punishment as for contempt of court.
(d) Each committee shall elect or appoint a chairperson who shall convene the first meeting and be responsible for ensuring that written protocol procedures are followed by all agencies. That person can be independent of agencies listed in paragraph (1) of subsection (c) of this Code section. The child abuse protocol committee thus established may appoint such additional members as necessary and proper to accomplish the purposes of the committee.
(e) The committee shall, by July 1, 1988, adopt a written child abuse protocol which shall be filed with the Division of Family and Children Services of the Department of Human Resources and the State-wide Child Abuse Prevention Panel, a copy of which shall be furnished to each agency in the county handling the cases of abused children. The protocol shall be a written document outlining in detail the procedures to be used in investigating and prosecuting cases arising from alleged child abuse and the methods to be used in coordinating treatment programs for the perpetrator, the family, and the child.
(f) The purpose of the protocol shall be to ensure coordination and cooperation between all agencies involved in a child abuse case so as to increase the efficiency of all agencies handling such cases, to minimize the stress created for the allegedly abused child by the legal and investigatory process, and to ensure that more effective treatment is provided for the perpetrator, the family, and the child.
(g) Upon completion of the writing of the child abuse protocol, the committee shall continue in existence and shall meet at least semiannually for the purpose of evaluating the effectiveness of the protocol and appropriately modifying and updating same,
(h) Each committee shall adopt or amend its written child abuse protocol no later than December 1, 1993, to specify the circumstances under which law enforcement officers will and will not be required to accompany child abuse investigators from the county department of family and children services when these investigators investigate reports of child abuse. In determining when law enforcement officers shall and shall not accompany child abuse investigators, the committee shall consider the need to protect the alleged victim and the need to preserve the confidentiality of the report. Each committee shall establish joint work efforts between the law enforcement and child abuse investigative agencies in child abuse investigations. The adoption or amendment of the protocol shall also describe measures which can be taken within the county to prevent child abuse and shall be filed with and furnished to the same entities with or to which an original protocol is required to be filed or furnished. The protocol will be further

MONDAY, MARCH 16,1998

2069

amended to specify procedures to be adopted by the committee to ensure that written protocol procedures are followed. The committee shall meet at least semi-annually and shall issue a report no later than the first day of July in 1994 and no later than the first day of July each year thereafter. That report shall evaluate the extent to which child abuse investigations during the 12 months prior to the report have complied with the child abuse protocols of the committee, recommend measures to improve compliance, and describe which measures taken within the county to prevent child abuse have been successful. The report shall be transmitted to the county governing authority aae^ the fall term grand jury of the judicial circuitj the State-wide Child Abuse Prevention Panel, and the chief superior court judge. (i) By July 1, 1994, members of each committee shall receive appropriate training. As new members are appointed, they will also receive training within 12 months after their appointment. The Department of Human Resources shall provide such training."
SECTION 2.
Said chapter is further amended by striking subsections (a), (b), and (c) of Code Section 19-15-3, relating to the death of a child and reports and investigations, and inserting in lieu thereof new subsections (a), (b), and (c) to read as follows:
"(a)(l) When a county medical examiner or coroner receives a report regarding the death of any child, that medical examiner or coroner shall, within 48 hours of the death, notify the chairperson of the child fatality review subcommittee of the county in which such child resided at the time of death. It shall be the duty of any law enforcement officer or other person having knowledge of the death of a child to immediately notify the coroner or county medical examiner of the county wherein the body is found or death occurs. If the death occurred outside the child's county of residence, it shall be the duty of the medical examiner or coroner in the county where the child died to notify the medical examiner or coroner in the county of the child's residence. (2) When a medical examiner files a report regarding the death of any child with the director of the division of forensic services of the Georgia Bureau of Investigation pursuant to Code Section 45-16-24, that medical examiner at the same time shall also transmit a copy of that report to the committee of the county in which such child resided at the time of death. (b) The chairperson for each committee shall establish a subcommittee composed of members of the committee to include, but not be limited to, the county medical examiner or coroner; the district attorney or his or her designee; a county department of family and children services representative; a local law enforcement representative; a juvenile court representative; a county board of health representative; and other members as deemed necessary. The subcommittee shall be the child fatality review subcommittee for that committee. When a committee coroner or county medical examiner receives a report pursuant to subsection (a) of this Code section, the chairperson of the eemm&tee shgfl assign feat report to the ehfld fatality review subcommittee of feat ceatHjittee that coroner or county medical examiner shall review the findings regarding the cause and manner of the child's death. If the death does not meet the criteria for review pursuant to Code Section 45-16-24, the coroner or county medical examiner shall sign a form stating that the death does not meet the criteria for review and forward the findings of the coroner or county medical examiner and such form to the chairperson of the child fatality review subcommittee within seven days of the child's death. If such chairperson agrees that the child's death does not meet the criteria for review, the chairperson shall sign a form stating that the death does not meet the criteria for review and shall forward the findings and form to the State-wide Child Abuse Prevention Panel. If the chairperson disagrees with the coroner or county medical examiner and believes that the child's death should be reviewed, the chairperson shall follow the procedures for deaths to be reviewed. If the death meets the criteria for review, the coroner or county medical examiner shall forward the findings of such office regarding the death of the child in a report to the chairperson of the child fatality review subcommittee for review within seven days of the child's death. That subcommittee shall meet and review the report within tea 30 days after receipt and conduct its own investigation into the death of the child named in that report. The subcommittee may obtain from any superior

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court judge of the county for which the committee was created a subpoena to compel the production of documents or attendance of witnesses when that judge has made a finding that such documents or witnesses are necessary for the subcommittee's investigation; provided, however, that this Code section shall not modify or impair the privileged communications as provided by law except as otherwise provided hi Code Section 19-7-5. The subcommittee shall complete the investigation and prepare its own report regarding the death of the child named in the medical examiner's report received by the committee. The subcommittee's report shall be completed within 20 days, Saturdays, Sundays, and holidays excluded, following the first meeting of the subcommittee held after the committee received the coroner's or medical examiner's report. The subcommittee's report shall:
(1) State the circumstances leading up to death and cause of death; (2) Detail any agency involvement prior to death, including the beginning and ending dates and lands of services delivered, the reasons for initial agency activity, and the reasons for any termination of agency activities; (3) State whether any agency services had been delivered to the family or child prior to the circumstances leading to the child's death; (4) State whether court intervention had ever been sought; (5) Conclude whether services or agency activities delivered prior to death were appropriate and whether the child's death could have been prevented; and (6) Make recommendations for possible prevention of future deaths of similar incidents for children who are at risk for such deaths?; and (7) Include other findings as requested by the State-wide Child Abuse Prevention Panel. (c) The subcommittee shall transmit a copy of its report within 15 days following its completion to the Criminal Justice Coordinating- Council and- te> the panel State-wide Child Abuse Prevention Panel. The subcommittee shall also transmit a copy of its report within 15 days following its completion to the district attorney of the county for which the committee was created if the report concluded that the child named therein died as a result of: (1) Sudden Infant Death Syndrome when no autopsy was performed to confirm the diagnosis; (2) Accidental death when it appears that the death could have been prevented through intervention or supervision; (3) Any sexually transmitted disease; (4) Medical causes which could have been prevented through intervention by an agency or by seeking medical treatment; (5) Suicide of a child in custody or known to the Department of Human Resources or when the finding of suicide is suspicious; (6) Suspected or confirmed child abuse; (7) Trauma to the head or body; or (8) Homicide."
SECTION 3. Said chapter is further amended by striking paragraphs (11) and (12) of subsection (a) of Code Section 19-15-4, relating to the State-wide Child Abuse Prevention Panel, and inserting in lieu thereof the following:
"(11) A local law enforcement official appointed by the Governor; and (12) A superior court judge appointed by the Governor?; (13) A coroner appointed by the Governor; and (14) The director of the Division of Public Health of the Department of Human Resources."
SECTION 4. Said chapter is further amended by adding at the end of Code Section 19-15-6, relating to the use of information and records by the State-wide Child Abuse Prevention Panel and child abuse protocol committees and subcommittees, a new subsection (h) to read as follows:

MONDAY, MARCH 16, 1998

2071

"(h) Notwithstanding any other provisions of law, information acquired by and documents, records, and reports of the panel and child abuse protocol committees and subcommittees applicable to a child who at the time of his or her death was in the custody of a state department or agency or foster parent shall not be confidential and shall be subject to Article 4 of Chapter 18 of Title 50, relating to open records."
SECTION 5. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by adding at the end of Code Section 49-5-41, relating to persons and agencies permitted access to child abuse and deprivation records, a new subsection (e) to read as follows:
"(e) Notwithstanding any other provisions of law, child abuse and deprivation records applicable to a child who at the time of his or her death was in the custody of a state department or agency or foster parent shall not be confidential and shall be subject to Article 4 of Chapter 18 of Title 50, relating to open records."
SECTION 6. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 49-5-186, relating to confidentiality of information in the central child abuse registry, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b)Q Information obtained from the abuse registry may not be made a part of any record which is open to the public except as provided in paragraph (2) of this subsection and except that a district attorney may use in any court proceeding that information in the course of any criminal prosecution for any offense which constitutes or results from child abuse if such information is otherwise admissible. (2) Notwithstanding any other provisions of law, information in the abuse registry applicable to a child who at the time of his or her death was in the custody of a state department or agency or foster parent which information relates to the child while in the custody of the state department or agency or foster parent whose custody the child was in at the time of the child's death shall not be confidential and shall be subject to Article 4 of Chapter 18 of Title 50, relating to open records."
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Stallings of the 100th moves to amend the Committee substitute to SB 473 as follows:
P. 4 line 2, delete period and add:
", including counseling."

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

N Alien Andenon
YAshe Y Bailey Y Bannister NBarfoot Y Barnard
Barnes Y Bates YBenefield NBirdaong YBohannon Y Bordeaux N Bradford

Breedlove Y Bridges N Brooks Y Brown N Buck YBuckner YBunn NBurkhalter Y Byrd Y Campbell Y Canty Y Cash Y Channel! Y Childen

Y Clark Y Com Y Coleman, B Y Coleman, T Y Connell N Cooper N Crawford Y Crews N Culbreth N Cununings
DaTM, G N DaTM, M
Day Y DeLoach, B

N DeLoach, G Y Dii N Diion Y Dobbs
Dukes Y Bin-hart N Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves

Y Greene Y Grindley Y Hammontree Y Manner
Harbin Y Heard Y Hecht
Heckstall N Hegstrom Y Henson Y Holland
Hoboes Y Houston N Howard

2072

JOURNAL OF THE HOUSE,

Y Hudgens Y Hudson, H Y Hudson, N
NHugley Ylrvin Y Jackson N James Y Jamieson
Jenkins Johnson Johnston Y Jones N Joyce YKaye NLadd NLakly
YLane YLee Y Lewis YLord Y Lucas NMaddox

YMann Y Manning N Martin, J Y Martin, J.L YMassey YMcBee YMcCall N McClinton
McKinney Y Mills N Mobley YMoeley
Mueller YO'Neal NOrtock YParham YParrish Y Parsons
Pelote Perry YPinholster YPoag

NPolak Y Ponder Y Porter YPowell YPurcell NRagas
Randall YRay Y Reaves YReichert YRice Y Richardson
Roberta Y Rogers Y Royal Y Sanders YSauder YScarlett YScheid Y Scott
Shanahan YShaw

YSherrUl Shipp
YSims NSinkfield 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 Y Stuffing YSnow YStallings Y Stancil, F YStancil, S N Stanley, L Y Stanley, P Y Stephens N Taylor

On the adoption of the amendment, the ayes were 119, nays 35. The amendment was adopted.

Teague NTeper Y Thomas YTiUman Y Titus YTolbert YTrense
Tumquest YTwiggs Y Walker, L Y Walker, RL N Watson YWest Y Westmoreland YWhitaker Y Wiles
Williams, B Y Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

The Committee substitute, as amended, was adopted.

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

Y Alien Anderson
YAshe 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 Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty YCash Y Channell YChilden Y Clark YCoan YColeman, B YColeman, T YConnell Y Cooper Y Crawford Y Crews

YCulbreth Y Cummings
Davis, G Y Davis, M
Day YDeLoach, B YDeLoach, G YDii YDixon YDobbs 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 YHegstrom YHenson Y Holland Y Holmes Y Houston Y Howard
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 YMaddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton
McKinney Y Mills Y Mobley YMoeley Y Mueller YO'Neal YOrrock YParham

YParrish Y Parsons Y Pelote
Perry YPinholster YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas
Randall YRay Y Reaves YReichert YRice Y Richardson
Roberts Y Rogers Y Royal Y Sanders YSauder YScarlett YScheid Y Scott Y Shanahan YShaw YSherrUl 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
Smyre YSneffing YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper Y Thomas Y Tilhnan Y 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 YWorthan YYates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 168, nays 0.

MONDAY, MARCH 16, 1998

2073

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
The Speaker Pro Tern assumed the Chair.
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 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 Andersen
YAihe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield
YBirdaong Bohannon
Y Bordeaux Y Bradford YBreedlove
Y Bridges Y Brooks Y Brown
Buck YBuckner
Bunn Y Burkhalter YByrd Y Campbell Y Canty
YCaah Y Channel! YChilders
Clark
YCoan Y Coleman, B YColeman.T
Connell Y Cooper Y Crawford Y Crews

Culbreth Y Cunmungs
Davis, G Y Davis, M
Day YDeLoach, B Y DeLoach, G YDix YDixon YDobbs
Dukes YEhrhart
YEppa Y Evans YEverett YFelton 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
Jamieaon Y Jenkins
Johnson Y Johnston
Jones Y Joyce
Kaye YLadd
Lakly YLane YLee Y Lewis
YLord Lucas Maddox
YMann
Y Manning
Y Martin, J
Y Martin, J.L YMassey YMcBee YMcCall Y McClinton
McKinney Mills Y Mobley YMosley Y Mueller YO'Neal YOrrock YParham

YPatrish Y Parsons Y Pelote Y Perry Y Pinholster
YPoag YPolak Y Ponder Y Porter Y Powell YPurcell YRagas
Randall YBay Y Reaves Y Reichert YRice Y Richardson
Roberta Y Rogers Y Royal
Sanders Y Sauder YScarlett YScheid
Scott 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
Smith, T Smith, V YSmyre Snelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor Teague YTeper Y Thomas YTillnun Y Titus YTolbert YTrense Turnquest YTwiggs Y Walker, L Y Walker, R.L YWataon
YWeat Y Westmoreland Y Whitaker Y Wiles
Williams, B Y Williams, J Y Williams, R Y Worthan
Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 147, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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 professional services and definitions and exemptions relating thereto.

The following Committee substitute was read and adopted:

2074

JOURNAL OF THE HOUSE,

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 professional services and definitions and exemptions relating thereto; 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 50-5-67, relating to competitive bidding procedure, and inserting in its place the following:
"(a) Except as otherwise provided in this Code section, contracts exceeding $100,000.00 shall be awarded by competitive sealed bidding. If the total requirement of any given commodity will involve an expenditure in excess of $250,000.00, sealed bids shall be solicited by advertisement in the Georgia Procurement Registry established under subsection (b) of Code Section 50-5-69 and in addition may be solicited by advertisement in a newspaper of state-wide circulation at least once and at least 15 calendar daySj except for construction projects which shall have 30 calendar days allowed, prior to the date fixed for opening of the bids and awarding of the contract. Other methods of advertisements advertisement, however, may be adopted by the Department of Administrative Services when such other methods are deemed more advantageous for the particular item to be purchased. In any event, it shall be the duty of the Department of Administrative Services to solicit sealed bids directly by maS from reputable owners of supplies in all cases where the total requirement will exceed $100,000.00. When it appears that the use of the competitive sealed bidding is either not practicable or not advantageous to the state, a contract may be entered into by competitive sealed proposals, subject to the following conditions:
(1) This method of solicitation shall only be used after a written determination by the Department of Administrative Services that the use of competitive sealed bidding is not practicable or is not advantageous to the state; (2) Proposals shall be solicited through a request for proposals; (3) Adequate public notice of the request for proposals shall be given in the same manner as provided for competitive sealed bidding; (4) Proposals shall be opened in the same manner as competitive sealed bids. A register of proposals shall be prepared and made available for public inspection; (5) The request for proposals shall state the relative importance of price and other evaluation factors; (6) As provided in the request for proposals and under regulations to be developed by the Department of Administrative Services, discussions may be conducted with reasonable offerers who submit proposals determined to be reasonably susceptible of being selected for award, for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals; and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions there shall be no disclosure of any information derived from proposals submitted by competing offerers; and (7) The award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the state, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made."
SECTION 2. Said title is further amended by striking subsection (b) of Code Section 50-5-69, relating to competitive bidding requirements, and inserting in its place the following:

MONDAY, MARCH 16, 1998

2075

"(b) The department shall establish a central bid registry to advertise the various procurement and bid opportunities of state government. Such central bid registry shall be entitled the Georgia Procurement Registry and shall operate in accordance with appropriate rules and regulations applicable to the department's responsibility to manage the state's procurement system. It shall be the responsibility of each agency^ department, board, commission, authority, and council to report to the department its bid opportunities in a manner prescribed by the Department of Administrative Services. The commissioner of administrative services is authorized and directed to promulgate rules and regulations to carry out this responsibility and shall determine the most economical method to conduct public notification of such bid opportunities."
SECTION 3. Said title is further amended by adding between paragraphs (2) and (3) of Code Section 50-22-2, relating to definitions regarding acquisition of professional services, a new paragraph to read as follows:
"(2.1) 'Predesign' means that phase of an activity where requirements programming, site analysis, and other appropriate studies are conducted to develop essential information, including cost estimates, to support and advance the decision-making process prior to the design and implementation phases of an activity."
SECTION 4. Said title is further amended by striking paragraph (5) of said Code Section 50-22-2 and inserting in its place the following:
"(5) 'Project' means any activity requiring professional services estimated by the state agency to have: a
(A) A cost in excess of $260,000.00 fl million; or te have a fee (B) Costs for professional services in excess of $16,000.00 $75.000.00."
SECTION 5. Said title is further amended by striking Code Section 50-22-3, relating to notices of proposed projects requiring professional services, and inserting in its place the following:
"50-22-3.
Public notice shall be required for each proposed project which requires professional services. Such public notice shall be given at least St 15 days prior to the selection of the three or more most highly qualified persons by the principal representative or hfe the principal representative's designee pursuant to subsection (b) of Code Section 50-22-4. Such public notice shall be given by publication two times at least once in the Georgia Procurement Registry established under subsection (b) of Code Section 50-5-69 and in addition may be given bg publication in one or more daily newspapers of general circulation in this state, shall contain a general description of the proposed project, and shall indicate what selection method shall be used and the procedure by which interested persons may apply for consideration for the contract."
SECTION 6. Said title is further amended by striking Code Section 50-22-7, relating to exceptions to notices of proposed projects requiring professional service, and inserting in its place the following:
"50-22-7.
(a) Notwithstanding any other provisions of this chapter, there shall be no public notice requirement or utilization of the selection process as provided for in this chapter for projects in which the state agency is able to reuse existing drawings, specifications, designs, or other documents from a prior project by retention of the person who provided the professional services and who prepared the original documents. (b) Notwithstanding any other provisions of this chapter, the Board of Regents and University System of Georgia shall be exempt from the provisions of this chapter. (c) The provisions of Code Section 50-6-25, relating to the eligibility of architectural and engineering firms to do business with the state, shall not be affected or superseded by the provisions of this chapter.

2076

JOURNAL OF THE HOUSE,

(d) Notwithstanding any other provisions of this chapter, there shall be no public notice requirement or utilization of the selection process as provided for in this chapter for ser-

vices in excess of $75.000.00. No award of a contract to provide predesign services under this exemption shall be interpreted to preclude the lawful necessity to give public notice and use the selection process for design of projects meeting the criteria of paragraph (5) of Code Section 50-22-2. Costs for predesign services, whether or not those services are exempt under this subsection, shall be added to any other costs of an activity for purposes of determining whether the activity is a project."
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 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 Andenon
YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarae*
Y Bates YBenefield
Birdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck
Buckner YBunn YBurkhalter YByrd Y Campbell Y Canty YCaah Y Channel! YChilders Y Clark YCoan YColeman, B YColeman,T
Connell Y Cooper YCrawford
Y Crews

Y Culbreth Y Cununings
Davis, G Y Davis, M
Day YDeLoach, B YDeLoach, G YDix YDizon YDobbs Y Dukes YEhrhart YBpps YEvans YEverett YFelton YFloyd Y Franklin Y Golden Y Graves YGnene YGrindley Y Hammontree
Banner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom
Henson Y Holland
Y Holmes Y Houston
Y Howard YHudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin Y Jackson Y Junes YJamieson YJenkins Y Johnson Y Johnston Y Jones Y 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 YMcKinney Y Mills Y Mobley YMoeley Y MueUer YCTNeal YOrrock YParham

YParrish Y Parsons YPelote
Perry YPinholster YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas YRandall YRay Y Reaves YReichert YRice Y Richardson
Roberta Y Rogers YRoyal Y Sanders YSauder YScarUtt YScheid Y Scott
YShaw YSheraUl 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 YSnelUng YSnow Y Stalling, YStancil, F Y Stancil, S
Y Stanley, L Y Stanley, P Y Stephens YTaylor
Teague YTeper Y Thomas Y Tubnan Y Titus YTolbert
ETrense Turnquwt
YTwiggs Y Walker, L Y Walker, R.L YWatoon 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 substitute.

The Speaker assumed the Chair.

MONDAY, MARCH 16, 1998

2077

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.

The following Committee substitute was read:

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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, is amended by adding at the end thereof a new Code section, to be designated as Code Section 20-2-68, to read as follows:
"20-2-68. Upon determining that a school under its management and control is consistently underperforming or is otherwise educationally challenged, a local board of education may apply to the State Board of Education for the appointment of an educational care team for that school. The state board then may appoint an educational care team for that school. The educational care team shall consist of seven persons, each of whom has experience as a principal, teacher, or school administrator. Under the direction of the requesting local board of education, the educational care team shall conduct an investigation of the educationally challenged school, prepare a written evaluation of the school, and make nonbinding recommendations to the local board for improvements at the school in instruction in mathematics, science, reading and other English courses, and social science. The educational care team may also provide instruction and conduct staff development sessions. Subject to appropriation by the General Assembly, at least four educational care teams shall be funded for each fiscal year."
SECTION 2. This Act shall become effective on July 1, 1998.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Mills of the 21st moves to amend the Committee substitute to SB 447 as follows:
On page 1, line 34, strike "General Assembly, at least four" and on page 2, line 1 & 2 strike "educational care teams shall be funded for each fiscal year."
insert
"local board of education shall be responsible for all funding for this program."

2078

JOURNAL OF THE HOUSE,

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

N Alien Andersen
NAshe N Bailey Y Bannister NBarfoot N Barnard N Banes N Bates NBenefield NBirdsong N Bohannon N Bordeaux Y Bradford NBreedlove Y Bridges N Brooks Y Brown NBuck NBuckner YBunn N Burkhalter NByrd NCampbeU N Canty YCasb NChanneU NChildera YCUrk YCoan NColeman, B
Coleman, T NConneU
Cooper NCrawford Y Crews

NCulbreth N Cummings N Davis, 6 Y Davit, M
Day NDeLoach, B YDeLoach, G YDix NDixon NDobbs N Dukes NEhrhart NEpps N Evans NEverett NFelton NFloyd Y Franklin N Golden N Graves NGreene YGrindley N Hammontree N Manner Y Harbin N Heard
Hecht NHeckstall NHegstrom NHenson N Holland Y Holmes N Houston
Howard YHudgens N Hudson, H

N Hudson, N NHugley NIrvin Y Jackson N James N Jamieson
Jenkins N Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly NLane NLee Y Lewis NLord N Lucas
Maddoi YMann Y Manning N Martin, J N Martin, J.L YMaasey NMcBee NMcCall NMcClinton
McKinney Y Mills N Mobley NMosley YMueUer NO'Neal NOrrock NParham

NParrish Parsons
NPelote Perry Pinholster
NPoag Polak
N Ponder N Porter NPowell NPurceU NRagas NRandall NRay N Reaves NReichert YRice Y Richardson N Roberts Y Rogers N Royal Y Sanders YSauder YScarlett NScheid Y Scott N Shanahan NShaw NSherrill YShipp NSims N Sinkfield N Skipper
Smith, C N Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 41, nays 119. The amendment was lost.

N Smith, L.R N Smith, P N Smith, T Y Smith, V
Smyre Y Smelling NSnow NStallings NStancil, F N Stancil,S N Stanley, L N Stanley, P N Stephens N Taylor
Teague NTeper N Thomas NTilhnan N Titus NTolbert ETrense N Turnquest NTwiggs N Walker, L N Walker, R.L N Watson NWest
Westmoreland NWhitaker N Wiles N Williams, B N Williams, J
Williams, R YWorthan YYates
Murphy, Spkr

The following amendment was read:

Representative Davis of the 60th moves to amend the Committee substitute to SB 447 as follows:
Page 1 line 28 delete "nonbinding" and replace with "binding".

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 NBarfoot N Barnard NBarnes N Bates NBenefield NBirdsong Y Bohannon N Bordeaux N Bradford Y Breedlove Y Bridges

N Brooks Y Brown NBuck N Buckner YBunn N Burkhalter NByrd N Campbell N Canty YCash N Channel! NChilders N Clark NCoan NColeman, B N Coleman, T

NConnell Cooper
N Crawford N Crews N Culbreth N Cummings N Davis, G Y Davis, M
Day NDeLoach, B YDeLoach, G YDix NDixon NDobbs N Dukes NEhrhart

NEpps N Evans Y Everett Y Pelton NFloyd Y Franklin N Golden N Graves NGreene YGrindley N Hammontree N Banner N Harbin N Heard N Hecht NHeckstall

N Hegstrom NHenson N Holland N Holmes N Houston
Howard NHudgens N Hudson, H N Hudson, N NHugley NIrvin N Jackson N James N Jamieson N Jenkins N Johnson

MONDAY, MARCH 16, 1998

YJohmton N Jones N Joyce YKaye YLadd YLakly NLane NLee N Lewis NLotd N Lucas
Maddoz
N Manning N Martin, J N Martin, J.L YMaesey NMcBee NMcCaU NMcClinton

N McKinney Y Mills N Mobley NMoeley YMueller NCTNeal NOrrock NParham NParriah N Parsons NPelote
Perry Y Pinholster
NPoag NPolak N Ponder N Porter
NPowell NPurcell NRagas

NRandall NRay N Reaves NReichert NRice Y Richardson N Roberts N Rogers N Royal Y Sanders
NSauder NScarlett YScheid N Scott N Sbanahan NShaw NSherrill NShipp NSims N Sinkfield

N Skipper Smith, C
Y Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T Y Smith, V NSmyre YSneUing NSnow NStallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephens N Taylor
Teague NTeper

On the adoption of the amendment, the ayes were 37, nays 131. The amendment was lost.

The following amendment was read:

2079
N Thomas NTillman Y Titus Y Tolbert ETrense NTurnquest
Twiggs N Walker, L N Walker, R.L N Watson NWest Y Westmorland NWhitaker N Wiles Y Williams, B Y Williams, J
Williams, R Y Worthan YYates
Murphy, Spkr

Representative Rice of the 79th moves to amend the Committee substitute to SB 447 as follows:
Page 2, Line 2 add
"exempting local school districts with a student population of under 3,000 students, the local board will be required to fund 20% of the salary and expenses of the Care Team during the tune they serve the local board."
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 YBaraes
Bates NBenefleld NBirdsong YBohannon N Bordeaux N Bradford YBreedlove Y Bridges N Brooks Y Brown NBuck NBuckner YBunn N Burkhalter NByrd Y Campbell N Canty YCash N Channel!
Guilders Y Clark YCoan NColeman, B N Coleman, T

NConnell N Cooper N Crawford Y Crews NCulbreth N Cununiiun N Davia, G Y Davis, M
Day YDeLoach, B YDeLoach, G YDix NDizon NDobbi N Dukes NEhrhart NEppa Y Evans NEverett
Felton NFloyd Y Franklin N Golden N Graves NGreene NGrindley N Hammontree N Banner N Harbin N Heard NHecht NHeckstall

N Hegstrom NHenson N Holland N Holmes N Houston
Howard YHudgens N Hudson, H N Hudson, N N Hugley Ylrvin Y Jackson N James N Jamieson YJenkins N Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly YLane NLee N Lewis NLord N Lucas
Maddoz Mann N Manning N Martin, J Y Martin, J.L

YMassey NMcBee NMcCaU N McClinton N McKinney Y Mills N Mobley NMosley Y Mueller NO'Neal NOrrock NParham NParriah N Parsons N Pelote
Perry Pinholster NPoag NPolak N Ponder N Porter NPowell NPurcell NRagas NRandall NRay Reaves NReichert YRice Y Richardson N Roberta Rogers

N Royal Y Sanders NSauder YScarlett YScheid Y Scott N Shanahan NShaw NSherrill NShipp NSims N Sinkfield N Skipper
Smith, C N Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T Y Smith, V NSmyre NSneUing NSnow NStallings N Stancil, F
Stancil, S N Stanley, L N Stanley, P N Stephens N Taylor
Teague NTeper

2080

JOURNAL OF THE HOUSE,

N Thomas NTillman
N Titus YTolbert

ETrense NTuraquest NTwiggs
N Walker, L

N Walker, R.L N Watson NWest Y Westmorland

NWhitaker
N WUe N Williams, B
Y Williams, J

On the adoption of the amendment, the ayes were 44, nays 119. The amendment was lost.

Williams, R N Worthan
YYates
Murphy, Spkr

The following amendment was read:

Representatives Joyce of the 1st and Crews of the 78th move to amend the Committee substitute to SB 447 as follows:
Page 1 line 30 after the word "science," insert
"including but not limited to alternate theories of life origins,".

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 NBarfoot Y Barnard NBarnes N Bates
Benefield NBiidsong YBohannon N Bordeaux Y Bradford YBreedlove Y Bridges N Brooks Y Brown NBuck YBuckner YBunn Y Burkbalter YByrd Y Campbell N Canty YCash N Channel! Y Guilders Y Clark YCoan NColeman, B N Coleman, T NConnell Y Cooper N Crawford Y Crews

NCulbreth Y Cununings NDavi., G
Davis, M Day YDeLoach, B YDeLoach, G YDht NDizon NDobbs NDukee YEhrhart NEpp Y Evans YEverett Felton NFloyd Y Franklin Y Golden Y Graves NGreene Y Grindley Y Hammontree N Manner Y Harbin N Heard YHecht NHeckstall NHegstrom NHenson N Holland N Holmes N Houston Howard YHudgens N Hudson, H

N Hudson, N N Hugley Ylrvin Y Jackson N James NJamieson YJenkins N Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly NLane NLee Y Lewis NLord N Lucas
Maddox Mann Y Manning N Martin, J N Martin, J.L YMassey NMcBee NMcCaU N McClinton N McKinney Y Mills N Mobley YMoaley Y Mueller NO'Neal NOrrock NParham

NParrish Y Parsons N Pelote
Perry Pinholater NPoag NPolak N Ponder N Porter NPowell NPurcell NRagas NRandall NRay N Reaves NReichert YRice Y Richardson N Roberts Y Rogers N Royal Y Sanders YSauder YScarlett YScheid Y Scott N Shanahan NShaw NSherrill YShipp NSims N Sinkfield N Skipper Smith, C Y Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 75, nays 90. The amendment was lost.

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V N Smyre YSneUing NSnow NStallings NStancil, F YStancil, S N Stanley, L N Stanley, P Y Stephens N Taylor
Teague NTeper N Thomas NTillman Y Titus Y Tolbert ETrense N Turnquest NTwiggs N Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland NWhitaker
Wiles Williams, B Y Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr

The following amendment was read:

Representatives Joyce of the 1st and Crews of the 78th move to amend the Committee substitute to SB 447 as follows:
Page 1 line 31 after "courses," insert

MONDAY, MARCH 16, 1998

2081

"history including but not limited to the role of biblical principles in the founding of our country".

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 YBarnM N Bates NBenefield NBirdsong YBohannon N Bordeaux Y Bradford YBnedlove Y Bridge. N Brooks Y Brown NBuck YBuckner YBunn Y Burkhalter YByrd Y Campbell N Canty YCaah NCbannell YChilden Y Clark YCoan N Coleman, B N Coleman, T NConnell Y Cooper NCrawford YCrew*

NCulbreth Y CummingB NDavis,G Y Davig, M
Day YDeLoach, B YDeLoach, G YDix NDizon YOobba N Dukes YEhrhart NEpps Y Evans YEverett
Felton Floyd Y Franklin Golden Y Grave* Graene YGrindley Y Hammontree N Banner Y Harbin N Heard YHecht N Heckstall NHegstrom NHenson Y Holland N Holmes N Houston Howard YHudgens Hudson, H

N Hudson, N NHugley Ylrvin Y Jackson N James NJamieson YJenkins N Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly YLane NLee Y Lewis
Lord N Lucas
Maddox YMann Y Manning N Martin, J Y Martin, J.L YMassey NMcBee NMcCall N McClinton NMcKinney Y Mills N Mobley YMosley
Mueller NO'Neal NOrrock NParham

NParrish Y Parsons NPelote
Perry Pinholster NPoag NPolak Y Ponder N Porter NPowell NPurcell NRagas NRandaU NRay Reaves NReichert YRice Y Richardson N Roberts Y Rogers Royal Y Sanders Y Sauder YScarlett YScheid Y Scott N Shanahan NShaw NSherrill YShipp YSims N Sinkfield N Skipper Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V NSmyre YSnelling NSnow N Stalling* NStancil,F Y Stancil, S N Stanley, L N Stanley, P Y Stephens NTaylor
Teague NTeper N Thomas NTillman Y Titus YTolbert ETrense N Turaquest N Walker, L Y Walker, RL Y Watson YWest Y Westmoreland Y Whitaker
Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

On the adoption of the amendment, the ayes were 85, nays 75. The amendment was adopted.

Due to a mechanical malfunction, the vote of Representative Golden of the 177th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Porter of the 143rd moved that the House reconsider its action in adopting the Joyce amendment.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien YAndenon YAshe Y Bailey N Bannister
YBarfoot N Barnard YBames Y Bates Y Benefield
Birdsbng NBohannon Y Bordeaux N Bradford NBreedlove

N Bridges Y Brook* N Brown YBuck NBuckner NBunn
N Burkhalter NByrd N Campbell Y Canty NCash Y Channel! YChilden N Clark NCoan

Y Coleman, B Y Coleman, T Y Connell
Cooper Y Crawford N Crews Y Culbreth Y Cumming* Y Davi, G N Davis, M
Day N DeLoach, B NDeLoach, G NDix YDixon

YDobbs Y Dukes NKhrhart YEpps N Evans NEverett Y Felton Y Floyd N Franklin Y Golden N Graves Y Graene N Grindley N Hammontree Y Banner

N Harbin Y Heard YHecht YHeckstall YHegstrom YHenson Y Holland Y Holmes Y Houston
Iiowttra NHudgen* Y Hudson, H Y Hudson, N Y Hugley NIrvin

2082

JOURNAL OF THE HOUSE,

N Jackson Y James Y Jamieson YJenkins Y Johnson N Johnston Y Jones N Joyce NKaye NLadd NLakly YLane YLee N Lewis YLord Y Lucas
Maddoz NMann N Manning Y Martin, J N Martin, J.L

NMassey YMcBee YMcCall
Y McClinton N McKinney
N Mills Y Mobley YMoeley NMueller Y O'Neal YOrrock YParham YParrish N Parsons Y Pelote
Perry N Pinholster
YPoag YPolak N Ponder Y Porter

Y Fowell YPuiceU
Y Rasas YRandall
YRay Y Reaves Y Reichert
YRice N Richardson Y Roberts Y Rogers
Y Royal N Sanders
N Sauder N Scarlett NScheid N Scott Y Shanahan YShaw YSherrffl NShipp

YSims Y Sinkfield
Y Skipper Smith, C
N Smith, C.W Y Smith, L N Smith, L.R Y Smith, P N Smith, T N Smith, V
Smyre NSnefflng YSnow YStallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P N Stephens Y Taylor
Teague

On the motion, the ayes were 96, nays 72. The motion prevailed.

YTeper Y Thomas YTillman N Titus N Tolbert ETrense YTurnquest YTwiggs Y Walker, L N Walker, R.L N Watson
YWest N Westmoreland NWhitaker
Wiles N Williams, B N Williams, J N Williams, R N Worthan NYates
Murphy, Spkr

On the re-adoption of the Joyce amendment, 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
Birdsong YBohannon
N Bordeaux Y Bradford YBnedlove Y Bridges N Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell N Canty YCash YChannell
Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T
NConneU Cooper
Y Crawford Y Crews

N Culbreth Y Cununings N Davis, G Y Davis, M
Day YDeLoach, B YDeLoach, G YDii NDiion 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 N Heard
YHecht NHeckstall NHegstrom NHenson Y Holland N Holmes
Y Houston Howard
Y Hudgens Y Hudson, H

Y Hudson, N N Hugley Ylrvin Y Jackson N James Y Jamieson YJenkins
Y Johnson Y Johnston
N Jones Y Joyce YKaye YLadd YLakly
YLane YLee Y Lewis
Lord N Lucas
Maddoi YMann Y Manning N Martin, J Y Martin, J.L YMassey YMcBee YMcCall N McClinton N McKinney Y Mills N Mobley YMoeley YMueller Y O'Neal NOrrock YParham

YParrish Y Parsons N Pelote
Perry YPinholster
YPoag NPolak Y Ponder
Y Porter YPowell YPurceU
YRagas RandaU
YRay Y Reaves Y Reichert
YRice Y Richardson N Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett YScheid Y Scott Y Shanahan YShaw NSherrill
YShipp YSims N Sinkfield
Y Skipper Smith, C
Y Smith, C.W
Y Smith, L

On the adoption of the amendment, the ayes were 134, nays 34. The amendment was adopted.

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V N Smyre YSneUing YSnow YStallings Y Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephens N Taylor
Teague NTeper N Thomas NTUhnan Y Titus Y Tolbert ETrense 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

Representative Roberts of the 162nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

MONDAY, MARCH 16, 1998

2083

The following amendment was read:

Representatives Stencil of the 16th and Williams of the 83rd move to amend the Committee substitute to SB 447 as follows:
Page 1 lines 18 and 27 after word educationally delete word "challenged" add word "deficient".

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

N Alien
YAndenon YAshe Y Bailey YBannister NBarfoot Y Barnard YBamn
Bates NBenefield
Birdsong Y Bahamian Y Bordeaux Y Bradford YBnedlove Y Bridges N Brooks Y Brown NBuck YBuckner YBunn YBurkhalter NByrd Y Campbell N Canty YCash Y Channel! NChilden Y Clark YCoan
YColeman, B Coleman, T
NConnell
Cooper Y Crawford Y Crews

YCulbreth N Cununings
NDavis, G Y Davis, M
Day NDeLoach, B YDeLoach, G YDix NDizon YDobbs Y Dukes YEhrhart
YEpps Y Evans Y Event* YFelton NFloyd Y Franklin N Golden Y Graves NGraene YGrindley Y Hammontree
Manner Y Harbin N Heard YHecht NHeckstall
N Hegstrom YHenson Y Holland
N Holmes N Houston
Howard Y Hudgens Y Hudson, H

Y Hudson, N NHugley Ylrvin
Y Jackson N James N Jamieson NJenkins
Johnson
Y Johnston Y Jones Y Joyce YKaye
YLadd YLakly YLane NLee Y Lewis NLord
Lucas Maddox Mann Y Manning N Martin, J N Martin, J.L YMassey NMcBee YMcCall N McClinton N McKinney Y Mills N Mobley NMosley YMueller NO'Neal NOrrock NParham

Parrish Y Parsons N Pelote
Perry Y Pinholster NPoag NPolak Y Ponder N Porter Y Powell NPurcell YRagas
Randall NRay Y Reaves N Reichert YRice Y Richardson
N Roberts N Rogers N Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott
Y Shanahan NShaw
NSherrill YShipp NSims
Sinkfleld Skipper Smith, C Y Smith, C.W N Smith, L

Y Smith, L.R Y Smith, P N Smith, T Y Smith, V NSmyre YSnelling YSnow NStallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P
Stephens N Taylor
Teague NTeper N Thomas NTillman Y Titus Y Tolbert ETrense N Turnquest NTwiggs N Walker, L Y Walker, R.L N Watson NWest Y Wertmoreland YWhitaker
Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

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

The Committee substitute, as amended, was adopted.

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

Y Alien
YAndenon YAsbe Y Bailey N Bannister YBarfoot Y Barnard Y Banes

Y Bates Y Benefield
Birdsong YBohannon Y Bordeaux
Y Bradford YBnedlove 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 CununiiiKs N Davis, G
Davis, M

2084

JOURNAL OF THE HOUSE,

Day YDeLoach, B Y DeLoach, G YDix YDixon YDobbs Y Dukes
YEhrhart YEpps Y Evans YEverett YFelton YFloyd Y Franklin Y Golden Y Graves YGreene Y Grindley YHammontree Y Manner Y Harbin
Heard YHecht YHeckatall NHegstrom 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 YLakly YLane
YLee Y Lewis YLord
Lucas Maddoi Mann
Y Manning
Martin, J Y Martin, J.L

YMassey YMcBee YMcCall NMcClinton Y McKinney Y Mills Y Mobley YMosley Y Mueller YO'Neal YOnock 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 YScarlett YScheid YScott Y Shanahan YShaw YSherriU 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 YStaUings

YStancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens YTaylor
Teague YTeper N Thomas Y Tilhnan Y Titus NTolbert ETrense 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 NWorthan YYates
Murphy, Spki

On the passage of the Bill, by substitute, as amended, the ayes were 160, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substitute, 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.

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.

The report of the Committee, which was favorable to the 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 YBarfoot Y Barnard YBarnes Y Bates Y Benefield
Birdsong Bohannon Bordeaux Y Bradford YBreedlove Y Bridges N 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 Cummings Y Davis, G Y Davis, M
Day Y DeLoach, B
Y DeLoach, G YDix YDfaton
YDobbs Dukes
YEhrhart
YEpps Evans
YEverett

YFelton NFloyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree YHanner Y Harbin Y Heard YHecht Y Heckstall YHegstrom
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 YJenkins Y Johnson Y Johnston
Jones Y Joyce YKaye
Ladd

MONDAY, MARCH 16, 1998

2085

YLakly YLane YLee Y Lewis
YLord Y Lucas YMaddoi YMann Y Manning
Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton YMcKinney Y Mills YMobley YMosley

YMueller YOTSIeal YOrrock YParham YParruh Y Parsons NPelote YPetry YPinholster YPoag YPolak
Ponder Y Porter YPoweU YPurceU YRagas YRandall YRay Y Reaves

YReichert YRice Y Richardson
Y Roberta Y Rogers Y Royal Y Sanders YSauder YScarlett
Scheid Y Scott
YSbanahan YShaw YSherrill YSblpp 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
Snow Stailings
YStancil, F Y Stancil, S N Stanley, L Y Stanley, P Y Stephens YTaylor
Teague YTeper
Thomas

YTillman Y Titus
Tolbert ETrense YTurnquest YTwiggs Y Walker, L
Y Walker, RX Y Watson YWest Y Westmorland YWhitaier 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 4. The Bill, having received the requisite constitutional majority, was passed.

Representatives Tolbert of the 25th and Bohannon of the 139th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

SR 144. By Senators Walker of the 22nd and Stokes of the 43rd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for additional penalties or fees in any case in any court in this state in which a person is adjudged guilty of an offense involving driving under the influence of alcohol or drugs and for the allocation of such additional penalties or fees to the Brain and Spinal Injury Trust Fund, as provided by law; to provide for submission of this amendment for ratification or rejection.

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

Y Alien
YAndenon YAshe Y Bailey Y Bannister YBarfoot
Barnard YBaraes Y Bates YBenefleld
Birdsong YBohnnnon
Bordeaux Y Bradford
YBnedlove Y Bridges
Brooks Y Brown
YBuck YBuckner YBunn Y Burkhalter YByrd Y Campbell Y Canty

YCaah Y Channel! YChilders Y Clark
YCoan YColeman, B
Coleman, T YConnell Y Cooper Y Crawford Y Crews YCulbreth
Y CummingB Y Davis, G Y Davis, M
Day
YDeLoach, B YDeLoach, G YDii YDiion YDobbs Y Dukes
YEhrhart YEppg

YEverett YFelton YPloyd Y Franklin Y Golden Y Graves YGreene YGrindley YHammontree Y Banner Y Harbin Y Heard
YHecht YHeckstall Y Hegstrom
Henson Y Holland Y Holmes Y Houston
Howard YHudgens Y Hudson, H
Y Hudson, N YHugley Ylrvin

Y Jackson Y James YJamieson YJenkins
Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee YLewis YLord
Y Lucas Y Maddoi YMann Y Manning
Martin, J Martin, J.L YMassey YMcBee YMcCall Y McClinton

McKinney Y Mills Y Mobley YMoaley YMueller YO'Neal YOrrock YParham YParrish
Y Parsons Y Pelote Y Perry
Y Pinholster YPoag YPolak
Ponder Y Porter YPoweU YPurcell
YRagas YRandall YRay
Reaves Y Reichert YRice

2086

JOURNAL OF THE HOUSE,

Y Richardson Roberta
Y Rogers Y Royal Y Sanders YSauder YScarlett YScheid Y Scott YShanahan
YShaw

Y Sherrffl 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

Y Smith, V Y Smyie Y Smiling Y Snow Y Stalling! Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens
Y Taylor

Teague Y Teper Y Thomas Y Tfflman Y Titus Y Tolbert Y Trense
Turnquest Twiggs Y Walker, L
Y Walker, RL

Y Watson Y West Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates
Murphy, Spin-

On the adoption of the Resolution, the ayes were 159, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

SB 30. By Senator Boshears of the 6th:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to provide that two or more volunteer fire departments may form a nonprofit corporation; to allow said nonprofit corporation to apply for state funding grants as if it were a local governmental entity.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to provide that two or more volunteer fire departments may form a nonprofit corporation; to allow said nonprofit corporation to apply for state funding grants as if it were a local governmental entity; to provide for procedures and restrictions in connection therewith; 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 OP GEORGIA:
SECTION 1. Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, is amended by adding a new Code section to read as follows:
"36-80-6.1. Two or more volunteer fire departments from the same or adjacent counties are authorized to form a nonprofit corporation. A nonprofit corporation formed under this Code section is eligible to receive state funding grants to the same extent as a local government entity; provided, however, that at least one of the volunteer fire departments forming the corporation provides firefighting services pursuant to a contract with a unit of local government. Each nonprofit corporation shall keep accounts which shall be subject to annual audits by the state auditor, a certified public accountant appointed by the state auditor, or a certified public accountant appointed by any local governmental unit all or part of whose jurisdiction includes the service area of the nonprofit corporation."
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 substitute, was agreed to.

MONDAY, MARCH 16, 1998

2087

On the passage of the Bill, by substitute, the roll call was ordered and the vote was i follows:

YAllan YAndenon YAihe YBfly
YBannirter Barfoot Barnard
YBames YBates
BnefieU Birdeonc YBohannon Bordeaux Y BfMuora YBnedlm Y Bridges Y Brook. Brown Buck YBuckner VBuun YBurkhalter YByrd YCunpbaU Y Canty YCash YChanneU YChUders Y Clerk YCoan Y Cofeman, B YColeman,T Y Cornell Y Cooper YCnwfoid YCim

YCulbnth Y Cummings YDavis,G YDavis,M
Day YDeLoach, B YDeLoech,G YDix YDixon YDobbs YDukee YEhrhart
Evans YErantt YFelton YFloyd Y Franklin Y Golden YOravM YGreene YGrindley YHammontrae YHannar Y Harbin YHMtd
HMht YHeckstall YHegstrom YHenson Y Holland YHolnuc Y Houston
Howard YHudgens Y Hudson, H

Y Hudn, N YHugley Ylrvin Y Jackson YJmne. YJamiMon YJanUai
Johnion YJohnaton YJoa Y Joyce YKaye YLadd YLakly YLane
Let Y Lewis
YLord Y Lucas YMaddoz
YMann Y Manning Y Martin, J
Martin, JX YMnssey YMcBw YMcCall YMcClinton
McKinney YMilla
YMobby Y Motley YMueller YO-Neal
Orrock YParham

YParrtoh Y Parsons YPelote Y Perry YPinholster YPoag YPolak
Ponder
Y Porter YPow.ll YPurcell
YRacas YRandall YHay Y Reaves YReichert
YRice Y Richardson Y Roberta Y Roger. Y Royal Y Sanders YSauder YScarlett YScheid Y Scott YShanahan YShaw YSherrill YShipp YSuns 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 Y Smyre YSnelling YSnow YStallings Y Stencil, F YStancil, S
Stanley, L Y Stanley, P Y Stephens YTaylor
Teague YTeper Y Thomas YTilhnan Y Titus YTolbert YTrense
Tumquest YTwigg. Y Walker, L Y Walker, RX 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 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

The following Committee substitute was read and adopted:

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 certain calls for emergency assistance; to provide for penalties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, is amended by adding immediately following Code Section 16-10-24.2 a new Code Section 16-10-24.3 to read as follows:

2088

JOURNAL OF THE HOUSE,

"16-10-24.3. Any person who verbally or physically obstructs, prevents, or hinders another person with intent to cause or allow physical harm or injury to another person from making or completing a 911 telephone call or a call to any law enforcement agency to request police protection or to report the commission of a crime is guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine not to exceed $1,000.00 or impris onment not to exceed 12 months, or both."
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 wag ordered and the vote was as follows:

Y Alien YAndenon YAahe YBailey YBamuster YBarfoot Y Barnard
YBsrnee
YBates YBenefieU
Bintong YBohannon
Bordeaux Y Bradford YBreedlove Y Bridge Y Brook. Y Brown YBuck YBucfawr YBunn YBurkhaltor YByrd YCampbell Y Canty NCaah YChannell YChOden YCUrk YCoan YCotoman,B Y Cabman, T YConnell YCooper Y Crawford Y Crews

YCulbreth Y CununingB YDavi., G YDavis,M
Day YDeLoach, B YDeLosch, G YOU YDixon YDobbs Y Dukes YEhrhart Yljfeps
Evuu YEverett YFelton YFloyd Y Franklin Y Golden Y Graves Y Green. YGrindley Y Hammontrae Y Manner Y Harbin Y Heard YHecht YHeckstall YHegstrom YHenson Y Holland Y Holme. Y Houston
Howard YHudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin Y Jackson Y Janus YJamisson Y Jankins
Johnson YJobnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee YLewis YLord Y Lucas YMaddoz YMann Y Manning
Martin, J Y Martin, J.L YMawey YMcBee YMcCall Y McClinton
McKinney YMOls YMobley YMosley YMueller YO-Neal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry YPinholster YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas YRandall
Ray Y Reaves YReichert YRice N Richardson Y Roberts Y Rogers Y Royal Y Sanders YSauder NScarlett YScheid Y Scott Y Shmftiian 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 Y Stalling. YStancil, F YStancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague Y Taper Y Thomas YTUlman Y Titus YTolbert YTrense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland YWhitaker Y Wiles Y William., B Y Williams, J Y William., R YWorthan YYates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 165, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

MONDAY, MARCH 16, 1998

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The following Committee substitute was read and adopted:

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; to provide for the preparation and transmittal of a plan relating to land brought within the stream corridor on or after July 1, 1998; to prohibit certain land uses pending adoption of a plan relating to land brought within the stream corridor on or after July 1, 1998; to require certain written notices to be sent to certain owners of land and other persons; to provide for a certain exception to the application of this part relating to land first brought within the stream corridor on or after July 1, 1998; to require local governing authorities to adopt certain land use regulations relating to land brought within the stream corridor on July 1, 1998; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 6 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Metropolitan River Protection Act," is amended in Code Section 12-5-441, relating to definitions, by striking in their entirety paragraphs (12) through (18) and inserting in lieu thereof new paragraphs (12) through (19) to read as follows:
"(12) 'Owner' means the record title owner, according to the deed records, of the land described in an application for a certificate and may or may not be the same person as the applicant. For purposes of this part, if the owner is a corporation, notice shall be given to the legal representative as delineated by records kept in the office of the Secretary of State. 4MH13) 'Person' means any individual, partnership, corporation, trust, entity, or authority and shall include the State of Georgia, its political subdivisions, and all its departments, boards, bureaus, commissions, or other agencies. ^8>(14) 'Plan' means the comprehensive plan or plans prepared by the center pursuant to Code Section 12-5-443. {i4}(16) 'Political subdivision' means a county or a municipality in which the section of the river corridor to be affected or any part thereof is located. 416}(16) 'Public notice' means a legal notice in a newspaper of general circulation in the political subdivision at least once a week for two consecutive weeks. 4MM17) 'Stream corridor' means all land in the area in the watercourse, within 2,000 feet of the watercourse, or within the flood plain, whichever is greater. 41?K18) 'Tributary' means any flowing stream which flows into the major stream at a point which is within the stream corridor. {MK19) 'Watercourse' means the banks of a major stream, including any impoundments thereon, in the area as defined by the low-water mark of such stream and any impoundments and including the entire bed of such stream and any impoundments and all islands therein, from the point where the stream enters the area downstream to ft Itne perpendicular aerese the flew ef tmk stream <rt tine point,
political subdivision the area the point where the stream leaves the area."
SECTION 2. Said part is further amended in Code Section 12-5-442, relating to legislative findings and purposes, by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The General Assembly finds that adequate supplies of clean drinking water for drinking and other purposes constitute the lifeblood of the great metropolitan areas of this state and are, therefore, essential to the health, welfare, and economic progress of

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the state; that development adjacent to major streams in certain metropolitan areas requires special regulation to provide adequate protection for public water supplies; that siltation and urban runoff threaten such water supplies; that flood plain development unnecessarily exposes life and property to loss by flooding while increasing flood risks for other areas; that over-intensive development adjacent to major streams increases the frequency and severity of such flooding; that it is in the public interest to avoid future flood damage and possible loss of life, to control erosion and pollution, and to protect the water quality of major streams in certain metropolitan areas."
SECTION 3. Said part is further amended in Code Section 12-5-443, relating to the duties and powers of a regional development center, by striking in its entirety paragraph (1) and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Prepare, adopt, and keep up to date one or more comprehensive, coordinated land and water use plan for the stream corridor. The plan, as prepared and approved by the center, shall set land use criteria for flood and flood damage prevention, erosion and siltation control, water quality protection, and intensity of development in the stream corridor. In preparing, adopting, and updating the plan, the center shall be authorized to account for the varying characteristics of different sections of the stream corridor and set land use criteria accordingly. At least eight weeks prior to adoption of a plan for all land brought within the stream corridor on or after July 1, 1998. notice that the property is subject to the 'Metropolitan River Protection Act,' including notice of the process of adoption of the plan to be followed by the center, shall be provided by United States mail to each property owner within the affected portion of the stream corridor as shown by, the prior year's property tax records. The failure of any owner to actually receive such notice shall not affect the applicability of the plan to such owner's property or create any cause of action for damages or equitable relief. The plan, as adopted by the center, shall be transmitted to each political subdivision by June 16, 1973. The plan as adopted by the center for any and all land brought within the stream corridor after March 1, 1983, shall be transmitted to each political subdivision and to the director by July 1, 1983. The plan adopted by. the center for any and all land brought within the stream corridor on or after July 1. 1998. shall be transmitted to each political subdivision and to the director by October If 1998. The center may, after hearing, utilize or adopt an existing plan or plans as the plan called for by this part. The center may from time to time revise the plan or portions thereof, and any such revisions of the plan shall be transmitted promptly after adoption. Prior to the adoption of the plan, or of any substantial portion or any revision of the plan, the center shall hold a public hearing on the proposed plan, or portion or revision thereof, in each county in which any land affected by the plan or, in the case of a portion or revision of the plan, in which any land affected by such portion or revision lies. The center shall cause notice of the time and place of each such public hearing to be published once a week for two weeks in one or more newspapers of general circulation in each county in which land to be affected lies. Any such land and water use plan shall be prepared in consultation and with assistance of the county or city governing authority where the land to be affected lies;".
SECTION 4. Said part is further amended by striking in its entirety Code Section 12-5-444, relating to prohibited land and water uses and certificates of compliance with the comprehensive plan, and inserting in lieu thereof a new Code Section 12-5-444 to read as follows:
"12-5-444.
(a)(l) Pending adoption of the plan by the center, it shall be unlawful for any person to erect, maintain, suffer, or permit any structure, dam, obstruction, deposit, clearing, or excavation in or on the stream corridor which will adversely affect the efficiency of or restrict the capacity of the watercourse or flood plain, appreciably increase runoff or flood heights, adversely affect the control, protection, allocation, or utilization of the water and related land resources of the stream corridor, harmfully obstruct or

MONDAY, MARCH 16, 1998

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alter the natural flow of flood waters, or harmfully increase erosion, siltation, or water pollution. In order to prevent undue hardship, the center may, prior to the adoption of the plan by the center, issue a letter or written statement signed by the executive director of the center ruling with respect to any proposed land or water use in any political subdivision that none of the above-listed adverse effects will occur as a result of the proposed use. Nothing in this subsection shall apply to a political subdivision that, on June 30, 1973, has in effect a flood plain ordinance and a sediment control ordinance. (2) Pending adoption of the plan by the center as to any land brought within the stream corridor after March 1, 1983, it shall be unlawful for any person to engage in any land-disturbing activity in or on such land within the stream corridor which will adversely affect the efficiency of or restrict the capacity of the watercourse or flood plain, appreciably increase runoff or flood heights, adversely affect the control, protection, allocation, or utilization of the water and related land resources of the stream corridor, harmfully obstruct or alter the natural flow of flood waters, or harmfully increase erosion, siltation, or water pollution. In order to prevent undue hardship, the center may, prior to the adoption of the plan by the center as to any land brought within the stream corridor after March 1, 1983, issue a letter or written statement signed by the executive director of the center, ruling with respect to any proposed land-disturbing activity in or on such land that none of the above-listed adverse effects will occur as a result of the proposed use.
(3) Pending adoption of the plan by. the center as to any land brought within the stream corridor on or after July 1, 1998. it shall be unlawful for any person to engage in any land-disturbing activity in or on such land within the stream corridor which will adversely affect the efficiency of or restrict the capacity of the watercourse or flood plain, appreciably increase runoff or flood heights, adversely affect the control, protection, allocation, or utilization of the water and related land resources of the stream corridor, harmfully obstruct or alter the natural flow of flood waters, or harmfully increase erosion, siltation, or water pollution. In order to prevent undue hardship, the center may, prior to the adoption of the plan by. the center as to any land brought within the stream corridor on or after July 1,1998. issue a letter or written statement signed by the executive director of the center, ruling with" respect to any proposed land-disturbing activity in or on such land that none of the above-listed adverse effects will occur as a result of the proposed use. (b)(l) After adoption by the center of the plan or any portion thereof or any amendment thereto, it shall be unlawful within those areas regulated by the plan or any portion thereof or any amendment thereto for any person to engage in any land-disturbing activity in or on the stream corridor which will be incompatible or inconsistent with the plan or any portion thereof or any amendment thereto. A proposed land or water use shall be deemed to be not in compliance with the plan unless and until the governing authority of the political subdivision issues a certificate for the proposed use pursuant to Code Section 12-5-445.
(2) The governing authority shall, before referring the application to the center pursuant to Code Section 12-5-445, require the applicant to furnish such detailed information on the proposed land or water use as the governing authority shall reasonably request and as required by the plan and rules and regulations adopted pursuant to this part.
(3) Any land-disturbing activity shall be done strictly in accordance with the certificate issued under this part. Any substantial change or modification of a proposed land-disturbing activity for which a certificate has been issued shall require a new certificate, which must be issued in accordance with the requirements of this part.
(4) The governing authority shall adopt ordinances, regulations, or procedures as necessary to assure that any land-disturbing activity is conducted in compliance with the
plan and the certificate. (c) The governing authority shall give public notice of and shall hold a public hearing before issuing or denying any certificate under this Code section. Written notice of the public hearing shall be mailed to the applicant and to the owner at least ten days prior

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to the hearing. The form and procedure for such hearings shall be determined by the governing authority involved, provided that all interested persons shall be afforded adequate notice of such hearings and an opportunity to be present and express their views. The information required under paragraph (2) of subsection (b) of this Code section shall be filed in final form and be available for public inspection prior to such hearing, (d) The governing authority shall delineate and clearly label the stream corridor on the zoning map and the official map of such governing authority."
SECTION 5. Said part is further amended in Code Section 12-5-445, relating to the review of an application for a building permit or other written authorization by a regional development center, by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) In any case where the center has recommended modification of an application, the governing authority may:
(1) Adopt such recommendation, incorporate it as a condition of the certificate, and issue a certificate with such conditions, in which case any land-disturbing activity under the certificate must be strictly hi accordance with the recommendation so incorporated; (2) After making a specific finding that the application is in compliance with the plan or a specific finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan, override such recommendation by affirmative vote of a two-thirds' majority of the full membership of the governing body; however, such action by the governing authority is not final unless and until the governing authority:
(A) Following the affirmative vote to override, holds a second public hearing on the application and the proposed override of the center's recommendation, after giving public notice and after mailing notice to the applicant* the owner, and te> the center at least five ten days prior to the hearing; (B) Gives full consideration to all comments made at the second public hearing;
(C) Obtains from the director a written finding that the application is consistent with the plan or, while not consistent with the plan hi all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan; and (D) Reaffirms the vote to override the center's recommendation by affirmative vote of a two-thirds' majority of the full membership of the governing authority, after again making a specific finding that the application is in compliance with the plan or a specific finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan; or (3) Request reconsideration of such recommendation by the center at a public hearing.
If the governing authority fails to take action under either paragraph (1), (2), or (3) of this subsection within 45 days after the submission of the recommendation of the center to the governing authority, the certificate shall not be issued. Where a public hearing is requested under this subsection, such public hearing shall be held by the center within 30 days after receipt of such request. Notice stating the time and place of the public hearing shall be mailed at least five ten days prior to the hearing to the governing authorityi and te the applicant and the owner and public notice shall be given. The center shall make its final determination with respect to such recommendation within 30 days after such public hearing. The request for a public hearing under this subsection may be made by the applicant, the owner, or by the governing authority involved."
SECTION 6. Said part is further amended in Code Section 12-5-451, relating to land uses to which tills part does not apply, by striking the word "or" at the end of paragraph (4) and by striking

MONDAY, MARCH 16, 1998

2093

in its entirety paragraph (5) and inserting in lieu thereof new paragraphs (5) and (6) to read as follows:
Any land r water use r land-disturbing activity which undertaken or
tix WnOi6 Dt 1R pftftj it)y *ttC UOpftlfttkOftT Or ATftHSpOTWrtlOtt Or tnft OtA0 Of
Georgia. With regard to any land included in the stream corridor for the first time on or after July 1.1998. any land or water use or land-disturbing activity:
(i) Which on July 1,1998. is completed, under construction, fully approved by the governing authority, or for which all requests for approval of construction are pending before the governing authority: or (ii) Which is to be located on land which, on July 1, 1998. is zoned for such use and where expenditures in excess of $6.000.00 have been made in preparation for construction in accordance with such zoning; provided, however, that prior to July 1, 1999. construction of such land-disturbing activity must have actually commenced and expenditures must have been made in connection with such construction in excess of 10 percent of the estimated cost of the total projected land-disturbing activity, exclusive of the cost of the land, or in excess of $100.000.00. exclusive of the cost of the land, whichever is less: otherwise a certificate for the project must be obtained pursuant to this part. (B) Upon request by. the owner of any land included in the stream corridor for the first time on or after July 1^ 1998, the center shall make a determination whether any land or water use or land-disturbing activity on such land satisfies the conditions set forth in this paragraph for exclusion from application of this part. Any such request shall be accompanied by any information concerning the land or water use or land-disturbing activity as the center may reasonably request. If the center determines that the land or water use or land-disturbing activity fails to satisfy the conditions set forth in this paragraph, the center shall state the reasons therefor. The center shall be authorized to delegate this authority to its director. If such delegation is made, any person aggrieved by any such determination of the director may appeal such determination to the center within 30 days of the issuance of such determination; or (6) Any land or water use or land-disturbing activity which is undertaken or financed, in whole or in part, bg the Department of Transportation of the State of Georgia."
SECTION 7. Said part is further amended in Code Section 12-5-453, relating to local regulation of land located in drainage basins, by striking in its entirety subsection (a) and inserting hi lieu thereof a new subsection (a) to read as follows:
"(a) On or before January 1, 1984, or March 1^ 1999. with respect to land brought within the stream corridor on July 1, 1998. each governing authority shall adopt ordinances or regulations governing use of all land which is in the drainage basin of any tributary. Such regulations and ordinances shall, at a minimum, include the following:
(1) Buffer areas of adequate width as determined by local governing authorities along all flowing streams in the drainage basin of any tributary, in which areas there will be no land-disturbing activity; and (2) Soil erosion and sediment control regulations consistent with Chapter 7 of this title, the 'Erosion and Sedimentation Act of 1975.' Requirements of the plan, other than those requirements consistent with Chapter 7 of this title, shall not apply in the drainage basin of any tributary outside the stream corridor."
SECTION 8. This Act shall become effective on July 1, 1998.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

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

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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:

YAlhn YAndenon
YAd
Y Bailey YBanniitet
YBarfoot Barnard Barnea
YBate. YBenefield YBirdaong YBohannon
Bordeaux Y Bradford YBreedlove N Bridge. Y Brook. Y Brown YBuck YBuckner NBmm YBurkhaltar YByid YCunpbeU Y Canty YCaah YChannell YChUden Y Clark
Coan Coleman,B YColeman, T YConnell Y Cooper NCnwford YCmn

YCulbreth YCumming. YDavii, G YDavh,M
Day YDaLoadvB YDeLoach, G YDiz YDinm YDobb. YDuke.
Ehihart YEpp. YEvan. YEverett
Fehon Floyd N Franklin Y Golden Y Gravel Greene NGrindley Y Hammonttee YHanner Y Harbin Y Heard YHecht YHeckrtall YHegrtrom YHenaon Y Holland Y Holme. Houiton Howard YHudgens Y Hudeon, H

Y Hudson, N Hugley
Ylrvin YJacbon YJame. Y Jamicaon
Jroldn. Johnaon YJohnrton YJone. N Joyce Kaye YLadd YLakly Lane YLee YLewi. YLord YLuca. YMaddoz YMann Y Manning Y Martin, J Martin, J.L YMawey YMcBee YMcCall YMcClinton YMcKinney YMilb YMobley YMotley YMueUer O'Neal YOrrock YParham

YParriah YPanoru YPelote Y Perry YPinhoUter NPoag YPolak Y Ponder Y Porter YPowell YPurceU YRaga. YRandaU YRay Y Reave. YReichert
Rice YRichardwn Y Roberta Y Roger. Y Royal N Sander. YSauder YScarlett YScheid Y Scott Y Shanahan YShaw
SherriU YSblpp
Sim. SinkHeld Y Skipper Smith, C Y Smith, C.W Y Smith, L

Y Smith, LH Y Smith, P Y Smith, T Y Smith, V
Smyre YSneUing YSnow N Stalling. YStancil, F YStancilS Y Stanley, L Y Stanley, P Y Stephen.
Taylor Teague YTeper Thomas Y Tilhnan YTitu. YTolbert Trerue Turnquest NTwigg. Y Walker, L Y Walker, R.L YWatwm YWert Wertmoreland YWhitaker Wife. Y William., B William., J Y William., R Y Worthan YYate. Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 136, nays 10.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Due to a mechanical malfunction, the vote of Representatives Smyre of the 136th and Wiles of the 34th was not recorded on the preceding roll call. They wished to be recorded
as voting "aye" thereon.

SB 230. By Senator Ralston of the 51st:
A bill to amend Part 1 of Article 4 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to inter vivos gifts, so as to provide that the presumption of a gift of lands belonging to a parent but in possession of a child shall be a rebuttable presumption.

The following Committee substitute was read and adopted:

A BILL
To amend Part 1 of Article 4 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to inter vivos gifts, so as to provide that the presumption of a gift of lands belonging to a parent but in possession of a child shall be a rebuttable presumption; to provide what evidence may rebut such a presumption; to provide an effective date; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 16, 1998

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 4 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to inter vivos gifts, is amended by striking in its entirety Code Section 44-5-86, relating to gifts of lands belonging to a parent but in the possession of a child, and inserting in lieu thereof the following:
"44-5-85. The exclusive possession by a child of lands which originally belonged to the parent or parents, without payment of rent, for the space of seven years, creates a conclusive rebuttable presumption of a gift and conveys title to the child?; The presumption may be rebutted by Wees there is evidence of a loan, of a claim of dominion by the parent or parents acknowledged by the child, e* of a disclaimer of title by the child; or similar evidence."
SECTION 2. Notwithstanding any provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated to the contrary, this Act shall become effective on July 1, 1998.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien
Y Andersen YA.be Y Bailey Y Bannister
YBarfoot Y Barnard YBarnes YBates YBenefield YBirdsong YBobannon
Bordeaux Y Bradford YBreedlove Y Bridge. Y Brook* Y Brown YBuck
Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty YCaah Y Channel!
YChUden Y Clark YCoan
Coleman, B YColeman, T YConndl Y Cooper YCrawford Y Crews

Y Culbreth Y Cummings Y Davis, G Y Davis, M
Day YDeLoach, B YDeLoach, G YDii YDizon YDobbs YDukM YEhrnart
Evans YEverett
Felton Floyd Y Franklin Y Golden Y Graves YGreene YGrindley 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 Y Jackson Y James YJamieson
Jenkins Johnson Y Johnston 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
McBee YMcCall YMcClinton YMcKinney Y Mills YMobley YMosley YMueller YO'Neal YOrrock YParham

YParriah Y Parsons YPelote Y Perry YPinholster 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
YScarlett YScheid Y Scott YShanahan 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 Y Smiling YSnow Y Stalling! YStandLF Y Stances Y Stanley, L Y Stanley, P Y Stephens YTsylor
Teague Y Taper Y Thomas Y Tillman Y Titus YTolbert YTrense YTurnquest
Y Walker, L Y Walker, RX Y Watson YWest Y Westmoreland YWhitaker Y Wiles
Y Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 163, nays 0.

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

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 following Committee substitute was read:

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; to prohibit conduct or attempted conduct in such buses, cars, and stations, including smoking, consuming tobacco, consuming food or beverage, possessing an open food or beverage container, obstructing or disturbing passengers, remaining aboard after the route has been completed or the vehicle enters a garage or other restricted area, entering the operator's cab or the driver's seat in the absence of an emergency, and entering, exiting or passing through an emergency door in the absence of an emergency; to provide for exemptions; to clarify provisions relating to service or guide dogs for persons with disabilities; to prohibit other animals; to provide for exceptions; to prohibit offering or gaining specified entry without fare payment, and attempting such conduct; to prohibit certain stopping, standing, or parking of vehicles in specified areas, for other than specified purposes, or for periods exceeding those specified in parking lots, and parking decks owned or operated by a public transit authority; to prohibit leaving unattended vehicles or taxis in specified areas and impeding ingress, egress, or free passage of other vehicles; to prohibit fires and flames; to provide for fines and the levying authorities for such fines; to provide for written citations and the contents of such citations; to provide for construction; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 16, relating to crimes, is amended by striking in its entirety subsection (a) of Code Section 16-12-120, relating to certain acts in public transit buses, rapid rail cars, or stations, and inserting in its place the following:
"(a) A person who commits or attempts to commit any of the following acts in a public transit bus, a rapid rail car, or station shall be guilty of a misdemeanor:
(1) Spitst defecates, or urinates; (2) Discards litter, except into receptacles designated for that purpose; (3) Smokes or consumes tobacco in any form; (4) Consumes food or beverage or possesses any open food or beverage container. except an operator of a public transit bus at an authorized layover point; {3>(6) Plays any radio; cassette, cartridge, or tape player; or similar device unless such device is connected to an earphone that limits the sound to the hearing of the individual user; <4>(6) Carries or possesses any explosives, acids, other dangerous articles, or live animals, except for seeing eye degs properly harnessed and guide dogs or service dogs as described in Code Section 30-4-1 accompanied by a Mind- person and small pninla properly packaged physically disabled person, blind person, person with visual disabilities, deaf person, or a person who is responsible for training a guide dog or service dog as contemplated by Code Section 30-4-1 and small pets confined to rigid pet carriers with locks or latches;

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<6)(7) Obstructs, hinders, interferes with, or otherwise disrupts or disturbs the operation, or operator, or passengers of a public transit bus or rapid rail car; or {6K8) Boards any public transit bus through the rear exit door, unless so directed by an employee or agent of the carrier?; (9) Remains aboard any public transit bus or rapid rail car after such vehicle has completed its scheduled route and passengers have been advised to exit the vehicle or remains aboard any public transit bus or rapid rail car after having been warned and after such vehicle has entered a garage or other restricted area not open to the public; (10) Enters, exists, or passes through any emergency door of any rapid rail car or public transit bus in the absence of a bona fide emergency: or (11) Enters the operator's cab or driver's seat of any rapid rail car or public transit bus in the absence of a bona fide emergency. (a.l) Employees of a public transportation authority or carrier while at work performing the duties of their employment shall be exempted from the restrictions of paragraphs (8). (9). (10). and (11) of subsection (a)."
SECTION 2. Said title is further amended by striking in its entirety Code Section 16-12-120.1, relating to alteration of fare items and sale or exchange of fare items without consent of the public transit agency, and inserting in its place a new Code section to read as follows:
"16-12-120.1. A person who commits or attempts to commit any of the following acts shall be guilty of a misdemeanor:
(1) Sells, makes, or possesses any coin, note, token, transfer, transaction card, or similar article which has been altered from its original condition contrary to its intended use to enter or gain entry into or on any bus, rail vehicle, or terminal; or station; (2) Sells or exchanges any token, transfer, transaction card, ticket, fare medium, or similar article used or to be used as payment for entry into or on any bus, rail vehicle, or terminal without the express consent of the public transit agency owning or operating such vehicles or terminator stations: (3) Offers entry or provides entry into or on any bus, rapid rail car, or station to any person without the payment of the proper fare to the public transit agency owning or operating such vehicles or stations; (4) Gains entry into or on any bus, rapid rail car, or station without the payment of the proper fare to the public transit agency owning or operating such vehicles or stations; or (5) Gains entry into or on any bus, rapid rail car, or station through the use of a transcard. transaction card, or other similar fare media which is the property of another person."
SECTION 3. Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, is amended by inserting a new Code section to be designated Code Section 40-6-208 to read as follows:
"40-6-208.
(a) In all parking lots, parking decks, and other such facilities owned or operated by any public transit authority or established for the exclusive purpose of providing parking for passengers of rapid rail or public transit buses, it shall be unlawful to:
(1) Stop, stand, or park a vehicle other than in marked spaces designed for that purpose; (2) Stop, stand, or park a vehicle on any yellow curb; (3) Stop, stand, or park a vehicle in any location which results in impeding ingress or egress to said facility or which results in impeding the free passage of any other vehicle; (4) Leave any vehicle unattended in areas designated as 'kiss-ride' or designated as 'attended vehicles only';

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(5) Stop, stand, or park any taxicab or other vehicle for hire, whether attended or unattended, in any area not specifically designated for such vehicles; (6) Stop, stand, or park any vehicle for the purpose of loading or unloading passengers, except in areas specifically designated for that use, such as 'kiss-ride' or 'passen-
ger drop-off areas; (7) Stop, stand, or park any vehicle for a period in excess of 24 hours unless such parking area is designated 'overnight' or 'long-term' parking; (8) Stop, stand, or park any vehicle for any purpose other than to board the rapid rail car or public transit bug serving such parking lot; or (9) Create or maintain any fire or flame, including fires or flames for cooking or grilling, or to fail to extinguish said fire or flame and to remove from such public transit parking facility all debris and residue associated with the creation and maintenance
of said fire or flame. (b) Any person violating subsection (a) of this Code section shall be subject to a fine levied by the municipality or, in the case of properties located outside the boundaries of a municipality, by the county in which the offense occurs. Such offense shall be cited by the issuance of a written citation which shall be left on the violator's vehicle and
which shall contain, at a minimum: (1) The nature of the violation; (2) The amount of the fine which will be levied for such violation; (3) That the cited individual has the right to contest the citation and be given an opportunity to be heard; (4) The location of the court in which the cited individual must appear within five days of the date of the citation to contest same; and (5) The location at which fines may be paid.
(c) Nothing in this Code section shall be construed to limit the enforcement of any other provision of state law which may be applicable, including, but not limited to, Part 2 of this article, the 'Parking Law For Persons With Disabilities,' and the uniform rules of the road."
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representatives Walker of the 141st and Skipper of the 137th move to amend the Committee substitute to SB 444 as follows:
By adding a new Section 4 to read as follows:
Notwithstanding any other provision of this Act to the contrary, no person shall be charged with a misdemeanor for discarding litter, smoking or consuming tobacco, consuming food or beverage or possessing same, or playing any radio, cassette, cartridge, tape player or similar device, unless such person is first given notice by an appropriate transit official and is given a reasonable opportunity to cease the complained of act."
And by renumbering Section 4 as Section 5.

Representative Mueller of the 152nd moves to amend the Committee substitute to SB 444 as follows:
On page 2. line 10 after the word "point" add:
"or, when providing food or beverage to any child under age 6."

Representative Teper of the 61st moves to amend the Committee substitute to SB 444 as follows:
On page 2 line 23 after "30-4-1" add "or capuchin monkeys used as service animals".

MONDAY, MARCH 16, 1998

2099

Representative Shaw of the 176th moves to amend the Committee substitute to SB 444 as follows:
Page 2 line 7 delete "or consumes".

Representative Benefield of the 96th moves to amend the Committee substitute to SB 444 by inserting at the end of line 5 of page 1 the following:
"rapid rail or intermodal bus".
By inserting on line 3 of page 2, between the word "or" and the word "station" the follow ing:
"a rapid rail or intermodal bus".

The following amendment was read:

Representative Coan of the 82nd moves to amend the Committee substitute to SB 444 as follows:
Page 3 line 39 after the word "person" insert the following:
", without that persons' consent".

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

N Allan NAndenon NAshe NBailey N Bannister NBarfoot N Barnard NBames
NBatM Benafield Biidmif
NBohannon N Bordeaux N Bradford NBreedlove N Bridge. N Brooks N Brown
NBuck NBudmer YBunn NBurkhalter
NByrd N Campbell N Canty NCaah NChannell NChilden N Clark YCoan NColeman, B
Coleman, T NConnell N Cooper N CiAwfoiu NCmn

NCulbreth N Cummings NDavi,, G Y Davii, M
Day NDeLoacKB NDeLoach,G NDix NDixon NDobbs N Dukes NEhrhart
YEverett NFelton 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 NHugley NIrvin N Jackson N James N Jamiason N Jenkins
Johnson N Johnston N Jones Y Joyce YKaye YLadd
Lakly Lane NLee N Lewis NLord N Lucas N Maddox YMann
N Martin, J Martin, J.L
YMassey NMcBee YMcCall N McClinton NMcKinney N Mills N Mobley NMosley NMueller NO'Neal NOrrock NParham

NParrish N Parsons NPelote N Parry N Pinholster NPoag NPolak N Ponder
N Porter YPowell
NPurcell NRagas NRandall NRay N Reaves NReichert NRice N Richardson N Roberts N Rogers
Royal
Y Sanders NSauder NScarlett NScheid Y Scott
NShanahan NShaw NSherrill NShipp
NSims NSinkfield N Skipper N Smith, C N Smith, C.W
N Smith, L

On the adoption of the amendment, the ayes were 18, nays 147. The amendment was lost.

N Smith, L.R N Smith, P N Smith, T N Smith, V
Smyre NSnelling NSnow N Stalling. YStandLF NStandlS
N Stanley, L N Stanley, P
N Stephens NTaylor
Teague NTeper
Thomas NTUlman
N Titus NTolbert NTrense NTurnquest NTwiggs N Walker, L
N Walker, RL N Watson NWest N Westmoreland
NWhitaker Y Wiles
N Williams, B Y Williams, J N Williams, R NWorthan YYates
Murphy, Spkr

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JOURNAL OF THE HOUSE,

The Committee substitute, as amended, was adopted.

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

Y Alien YAndenon YAahe YBailey NBannitter YBarfoot Y Barnard YBarnM YBatee YBenefield YBirdtong Y Bohannon Y Bordeaux Y Bradford YBreedlove
Y Bridget NBrookB Y Brown YBuck YBuckner
NBunn YBurkhalter YByid Y Campbell Y Canty YCaah Y Channel) YChilden Y Clark YCoan YColeman, B YColeman, T YConnell Y Cooper Y Crawfotd YCrewt

Y Culbreth Y Cumminga N Davit, G Y Davit, M
Day YDeLoach, B YDeLoach, G NDiz YDixon YDobbs YDuket YEhrhart
Epp. YEvant YEverett YFelton YFloyd Y Franklin Y Golden Y Gravet YGnene YGrindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckitall YHegttrom 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 N Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord N Lucas YMaddox YMann Y Manning Y Martin, J Y Martin, J.L YMauey YMcBee NMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Motley Y MueUer YO-Neal YOrrock YParham

Y Fairish Y Parsons Y Pelote Y Perry YPinholtter YPoag
Polak Y Ponder Y Porter NPoweU YPurcell YRagat YRandall YRay
Reaves YReicbert YRice Y Richardson Y Roberta Y Rogers Y Royal N Sanders YSauder YScarlett Y Scheid Y Scott Y Shanahan YShaw YSherrill 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 YSneffing YSnow
YStallingt YStancilF YSUncil, S Y Stanley, L Y Stanley, P Y Stephana YTaylor
Teague YTeper
Thomat YTillman YTitut YTolbert YTrente YTumquest YTwiggt Y Walker, L Y Walker, R.L
YWataon YWest Y Westmorland Y Whitaker YWilee Y Williams, B N 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 11.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

SB 656. By Senator Langford of the 29th:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance workers' compensation funds, so as to provide that the Commissioner of Insurance may contract with private examiners to accomplish such examinations; to provide for the payment of such examinations.

The report of the Committee, which was favorable to the 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
Bailey

Y Bannister YBarfoot Y Barnard YBarnes

Y Bates Y Benefield
Birdtong
Y Bohannon

Y Bordeaux Y Bradford YBnedlove Y Bridget

Y Brooks Y Brown
YBuck
YBuckner

YBunn Y Burkhalter YByrd
YCampbell Y Canty YCash YCluiinell YChilden Y Clark YCoan YColeman,B YColeman, T YConneU Y Cooper YCnwford Y Crews YCulbreth Y CumzDUigs YDavis,G YDvi., M
Day YDeLoach, B YDeLoach,G YOU YDixon YDobbs YDukes
Ehrhart
Epps YEvans
YEverett YPelton

MONDAY, MARCH 16, 1998

YFloyd Y Franklin Y Golden
Gravw Y Green* YGrindley YHammontree YHmur Y Harbin Y Heard YHcht YHeckstall YHegrtrom
Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H Y Hudson, N YHugley Ylrvin Y Jackson Y Janus YJamieson YJenkin*
Johnson Y Johnston YJonss Y Joyce EKaye

YLadd YLakly YLans YLee YLewis
YLord Y Lucas YMddoi YMann Y Manning Y Martin, J Y Martin, J.L YMasaey YMcBee YMcCall
YMcClinton McKinney
YMOls YMobley YMosley YMusller YO-Neal YOrrock YParham YParrish Y Parsons
Pelote Y Perry YPinholster
YPoag YPolak Y Ponder

Y Porter YPowell YPurcell YRagas YRandall YRay Y Reave.
Reichert YRice Y Richardson Y Roberts Y Roger* Y Royal Y Sanders YSauder YScarlett YScheid
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

2101
YSmyre YSnelling YSnow YStalllngs YStancu,F Y StandlS Y Stanley, L Y Stanley, P Y Stephens YTaylor
Teague YTeper
Thomas YTUbnan Y Titus YTolbert YTrense
Turaquest
YWdker.L Y Walker, R.L YWation YWest YWestmonland YWhitaker Y Wiles
Williams, B Williams, J Y Williams, R YWorthan Yates Murphy, Spkr

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

The following Bill of the House was taken up for the purpose of discharging the first Committee of Conference thereon:

HB 233. By Representatives Heard of the 89th, McBee of the 88th, Sherrill of the 62nd and Hugley of the 133rd:
A bill to amend Code Section 33-1-9 of the Official Code of Georgia Annotated, relating to insurance fraud, so as to provide for increased penalties for felony insurance fraud committed against persons 60 yean of age or older.

Representative Lord of the 121st moved that the first Committee of Conference be dissolved and that a second Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a second Committee of Conference on the part of the House the following members:
Representatives Heard of the 89th, Williams of the 114th and Lord of the 121st.

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

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JOURNAL OP THE HOUSE,

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

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 Annotated, "The Zoning Procedures Law," so as to provide for the transfer of development rights.

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

HB 244. By Representative Smith of the 175th:
A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, so as to provide for grants for lengthening the school year and the conditions and procedures relating thereto.

The Senate has passed, as amended, by the requisite constitutional majority the following bilk of the House:

HB 1161. By Representatives Walker of the 141st, Buck of the 135th, Lee of the 94th 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.

HB 932. By Representatives Randall of the 127th, Walker of the 141st and Irvin of the 45th:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of physicians, physician's assistants, and respiratory care, so as to provide that the Composite State Board of Medical Examiners shall function as a separate state agency and shall be a separate budget unit of state government.

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

HB 908. By Representatives Epps of the 131st, Stanley of the 50th, Holland of the 157th and others:
A bill to amend Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to the procedure and penalties upon violation of Code Section 3-3-23, relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age, so as to provide for different and stronger penalties for a person convicted of knowingly acting as agent to purchase or acquire alcoholic beverages for or on behalf of a person under 21 years of age.

MONDAY, MARCH 16,1998

2103

HB 409. By Representatives Porter of the 143rd, Taylor of the 134th, O'Neal of the 75th and others:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, so as to provide that driver's education shall be an authorized high school program.

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

SB 110. By Senators Walker of the 22nd, Stokes of the 43rd, Madden of the 47th and others:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and distribution of fines and forfeitures, so as to authorize additional penalty assessments for violations involving driving under the influence of alcohol or drugs and for the allocation of such additional penalties by the Brain and Spinal Injury Trust Fund and provide for the creation of such fund; to provide for definitions.

The following amendment was read and adopted:

The Committee on Health and Ecology moves to amend SB 110 as follows: On page 2, line 33, following the word "Association" remove the following words:
"Rehabilitation Council"

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

Y Alien
Y Andersen YAabe Y Bailey Y Bannister YBarfoot Y Barnard YBomw Y Bates
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! YChilders Y Clark YCoan

YColeman, B YColeman, T
Connell Y Cooper YCrawford Y Crews YCulbreth Y Cummings
Davis, G YDavis,M
Day YDeLoach, B YDeLoach, G YDii YDizon
YDobbs Y Dukes YEhrhart
Eppe YEvans YEverett YFelton YFloyd Y Franklin
Y Golden Graves
YGreene YGriodley YHanunontree YHanner

Y Harbin Y Heard YHecht YHeckstall YHegstrom YHenson Y Holland Y Holmes Y Houston Y Howard
Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James YJamieson YJenkins
Johnson Y Johnston
Y Jones Y Joyce EKaye 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 MueUer Y O'Neal YOrrock YParham YParrish
Y Parsons YPelote
Perry YPinholster YPoag YPolak
Y Ponder Y Porter YPowell YPurcell YRagas

Randall
YRay Y Reaves YReichert
Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders YSauder YScarlett YScheid Y Scott YShanahan YShaw YSherrill
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 YSmyre YSnelling

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JOURNAL OF THE HOUSE,

YSnow Y Stuffings Y Stencil, F YStancil, S
Y Stanley, L Y Stanley,?

Y Stephens YTaylor
Teague Y Teper
Thomas Y Tinman

Y Titus YTolbert YTnnse Y Tumquest
Y Twiggs Y Walker, L

Y Walker, R.L Y Watson Y West Y Westmoreland
Y Whitaker Y Wiles

Y William, B Y Williams, J Y Williams, R YWorthan
YYates Murphy, Spkr

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

SB 670. By Senators Starr of the 44th and Middleton of the 50th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for definitions; to create the Advisory Committee on Pain and Symptom Management within the office of the joint-secretary of the state examining boards; to provide for committee appointment, membership, qualifications, vacancies, expenses, allowances, and organization; to provide for committee rights, duties, and functions.

The following Committee substitute was read:

A BILL
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for definitions; to create the Advisory Committee on Pain Management for the Terminally 111 within the office of the joint-secretary of the state examining boards; to provide for committee appointment, membership, terms, qualifications, vacancies, expenses, allowances, and organization; to provide for committee rights, duties, and functions; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding at the end a new chapter to read as follows:
"CHAPTER 43
31-43-1.
As used in this Code section, the term: (1) 'Committee' means the Advisory Committee on Pain Management for the Terminally 111 created under Code Section 31-43-2. (2) 'Health care professional' means any person licensed under Chapter 4 of Title 26 or under Chapter 9, 10A, 11, 26, 27, 28, 30, 33, 34, 35, or 39 of Title 43.
31-43-2. (a) There is created the Advisory Committee on Pain Management for the Terminally 111 within the office of the joint-secretary of the state examining boards. The committee shall be composed of 11 members as follows:
(1) Two members shall be physicians licensed to practice medicine in this state, one of whom shall be a primary care physician and the other of whom shall be a specialist in the treatment of patients with terminal illness; (2) One member shall be a representative of an acute care hospital permitted in this state; (3) One member shall be a representative of an insurance company licensed to do business as such in this state; (4) One member shall be a representative of a health maintenance organization licensed to do business as such in this state;

MONDAY, MARCH 16, 1998

2105

(5) One member shall be a representative of a hospice licensed to do business as such in this state; (6) One member shall be from the business community, other than any business specified in paragraphs (2) through (5) of this subsection, and other than any health care professional or employee thereof; (7) One member shall be a consumer member who does not receive for such person's services any remuneration from a business specified in paragraphs (2) through (5) of this subsection or as a health care professional or employee thereof; (8) One member shall be a registered nurse with experience in the care of the terminally ill; (9) One member shall be a pharmacist; and (10) One member shall be the president of the Composite State Board of Medical Examiners and shall serve as chairperson of the committee. (b) Members of the committee, other than the chairperson, shall be appointed by the Governor and serve at the pleasure of the Governor. Vacancies in such membership positions appointed by the Governor shall be filled by appointment by the Governor. The initial term of such appointment shall be four years. (c) Members of the committee shall receive the same expense and travel allowance as that received by members of the General Assembly for service on interim legislative committees but for not more than five days in any 12 month period. (d) A majority of the appointed members of the committee shall constitute a quorum. The committee shall elect from its membership such other officers as it deems necessary and establish bylaws for its governance.
31-43-3.
The committee shall: (1) Provide a forum that is open to all health care professionals, to all hospitals permitted under Chapter 7 of this title, and to hospices licensed under Chapter 7 of this title in developing an integrated approach to understanding and applying pain and symptom management techniques; (2) Hold a public hearing at least annually to gather information from the general public on issues pertaining to pain and symptom management; (3) Develop and encourage the implementation of model core curricula on pain and symptom management; (4) Develop recommendations to the licensing boards for health care professionals on integrating pain and symptom management into the customary practice of health care professionals and identifying the role and responsibilities of the various health care professionals in pain and symptom management; (5) Develop written materials explaining pain and symptom management and hospice care for distribution to health care professionals, health care payment and benefits plans, and the public; (6) Advise the licensing boards for health care professionals on the duration and content of continuing education requirements for pain and symptom management; (7) Annually report their activities and recommendations to the Health and Human Services Committee in the Senate and the Health and Ecology Committee in the House of Representatives; and (8) In making recommendations and developing written materials under paragraph (4) of this Code section, the committee shall review guidelines on pain and symptom management issued by the United States Department of Health and Huroan Services."
SECTION 2. This Act shall stand repealed on December 31, 2002.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

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JOURNAL OF THE HOUSE,

Representative Bohannon of the 139th moves to amend the Committee substitute to SB 670 as follows:
Page 3, line 15 add
with consumer rated results and effectiveness of therapies, practioners and institutions as the emphasis.
Representative Stanley of the 49th moves to amend the Committee substitute to SB 670 as follows:
By changing the figure "11" on line 29, page 1 to the figure "12" and by adding a new subparagraph (11) after line 27 and before line 28 on page 2 to read as follows:
"(11) One member shall be a psychologist who specializes in behavorial medicine and pain medicine."

The Committee substitute, as amended, was adopted.

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

Y Alien Y Andenon YAshe Y Bailey Y Bannister
YBarfoot Y Barnard YBarnes
Y Bates YBenefield Y Birdsong Y Bohannon
Bordeaux Y Bradford YBreedlove Y Bridget Y Brooks Y Brown
Buck YBuckner YBunn Y Burkhalter YByrd Y Campbell Y Canty YCash Y Channell Y Guilders Y Clark YCoan
YColeman, B YColeman, T
Cornell Y Cooper
Y Crawford Y Crews

Culbreth Y Cummings Y Davis, G Y Davis, M
Day Y DeLoach, B
Y DeLoach, G YDix YDizon
YDobbe Y Dukes YEhrhart
Eppi Y Evans YEverett YFelton YFloyd N Franklin Y Golden
Gravel YGreene YGrindley YHammontree Y Manner Y Harbin Y Heard YHecht YHeckstall
YHegstrom Henson
Y Holland
YHolmee Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin Y Jackson
Y James YJamieson YJenkins
Johnson
Y Johnston Y Jones Y Joyce EKaye YLadd YLakly YLane
Lee Y Lewis YLord Y Lucas YMaddoz YMann
Y Manning Y Martin, J Y Martin, J.L NMassey YMcBee YMcCall YMcClinton
McKinney Y Mills YMobley YMosley YMueller YO-Neal
Orrock YParham

YParrish Y Parsons YPelote Y Perry YPinholster YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas
Randall
Ray Y Reaves
YReichert YRice Y Richardson
Y Roberts Y Rogers Y Royal N Sanders YSauder YScarlett YScheid
Y Scott YShanahan
YShaw YSherrill YShlpp YSims
SinkDeld 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 Stances Stanley. L
Y Stanley, P Y Stephens YTaylor
Teague Y Taper
Thomas YTUlman Y Titus YTolbert YTrenes
Tumquest YTwiggs
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 154, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

MONDAY, MARCH 16, 1998

2107

SB 573. By Senators Ray of the 48th, Perdue of the 18th, Clay of the 37th and others:
A bill to amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, so as to change the definition of zoning decision to include the grant of a special use permit.

The following Committee substitute was read:

A BILL
To amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, so as to change the definition of zoning decision to include the grant of a special use permit; to provide that certain zoning decisions shall constitute certain final legislative action; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, is amended by striking Code Section 36-66-3, relating to definitions, and inserting in lieu thereof a new Code section to read as follows:
"36-66-3.
As used in this chapter, the term: (1) 'Local government' means any county or municipality which exercises zoning power within its territorial boundaries. (2) 'Territorial boundaries' means, in the case of counties, the unincorporated areas thereof and any area defined in paragraph (5.1) of Code Section 36-70-2, and, in the case of municipalities, the area lying within the corporate limits thereof except any area defined in paragraph (5.1) of Code Section 36-70-2. (3) 'Zoning' means the power of local governments to provide within their respective territorial boundaries for the zoning or districting of property for various uses and the prohibition of other or different uses within such zones or districts and for the regulation of development and the improvement of real estate within such zones or districts in accordance with the uses of property for which such zones or districts were established. (4) 'Zoning decision' means final legislative action by a local government which results with in: (A) The adoption of a zoning ordinance; (B) The adoption of an amendment to a zoning ordinance which changes the text of the zoning ordinance; (C) The adoption of an amendment to a zoning ordinance which rezones property from one zoning classification to another; or (D) The adoption of an amendment to a zoning ordinance by a municipal local government which zones property to be annexed into the municipality; or (E) The grant of a permit relating to a special use of property. (5) 'Zoning ordinance' means an ordinance or resolution of a local government establishing procedures and zones or districts within its respective territorial boundaries which regulate the uses and development standards of property within such zones or districts. The term also includes the zoning map adopted in conjunction with a zoning ordinance which shows the zones and districts and zoning classifications of property therein."
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,

Representative Bannister of the 77th moves to amend the Committee substitute to SB 573 by inserting between "matters;" and "to" on line 6 of page 1 the following:
"to provide for the trial of certain proceedings and actions involving zoning decisions or zoning actions, the construction of the Constitution, and the constitutionality of zoning ordinances in certain cases; to provide for proceedings and actions; to provide for the venue of such proceedings and actions; to provide for the judge who shall try such proceedings and actions and the selection, qualifications, and notification thereof;"
By inserting between lines 24 and 25 of page 2 the following:
"SECTION 1A.
Said chapter is further amended by adding at the end thereof a new Code Section 36-66-6 to read as follows:
'36-66-6.
(a) This Code section is enacted pursuant to Article IX, Section II, Paragraph IV of the Constitution of the State of Georgia and shall apply to the actions of the governing authorities of all counties and municipalities adopting plans and exercising the power of zoning pursuant to said Paragraph.
(b) When the constitutionality of any zoning ordinance is drawn into question, facially or as applied, in any proceeding which involves the construction of the Constitution of the United States or the Constitution of the State of Georgia, which is brought before a local government, and which seeks a zoning decision or zoning action as defined in Code Section 36-66-3, the aggrieved owner of the property, the applicant for a zoning decision or action, or a party adversely affected by the zoning decision may bring an action challenging such zoning decision on equitable or legal grounds in the superior court having jurisdiction of the local government.
(c) The superior court having jurisdiction of the action governed by this Code section shall be presided over by a judge of the superior court of a judicial circuit which adjoins the judicial circuit in which the court having jurisdiction over the local government is located. Such judge shall be that judge of the adjoining judicial circuit or circuits who has the most years of service as a judge of the superior court, but who resides outside the judicial circuit in which the defendant local government is situated.
(d) Upon the filing of a petition or complaint, the clerk of the superior court having jurisdiction shall immediately notify the judge described in subsection (c) of this Code section of the institution of proceedings under this Code section. If such judge is disqualified or unable to serve or refuses to serve, the clerk shall immediately notify the administrative judge of the judicial district in which that superior court is located, who shall appoint a disinterested judge of the superior court or a senior judge of the superior court residing outside of the judicial circuit in which the court having jurisdiction is located to serve in the place of such judge. The selected judge shall preside over such case as provided by law.'"

The Committee substitute, as amended, was adopted.

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

Y Alien YAndenon
YAihe

Y Bailey Y Banniiter
Y Barfoot

Y Barnard Y Banut
Y Batw

Y Benefield N Birdeong
Y Bohannon

Bordeaux Y Bradford
Y Brdlov.

MONDAY, MARCH 16, 1998

2109

Y Bridge* Y Brook. Y Brown YBuck YBuckner YBunn YBurkhalter YBytd Y Campbell Y Canty YCuh YChannell YChilden Y Clark YCoan YColeman, B YColeman, T
Connell Y Cooper
I QfAWIOPu
YCrewi YCulbreth Y Gumming* YD.vu,G Y Davit, M
Day YDeLoach, B YDeLoach, G YDix YDizon YDobbs Y Dukes YEhrhart

Epos Y Evans YEverett YFelton YFloyd Y Franklin Y Golden
Graves YGreene YGrindley YHammontree Y Banner Y Harbin Y Heard YHecht YHeckstall YHegstrom YHenaon 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 YJohnston

Y Jones Y Joyce EKaye YLadd YLakly YLane
Lee 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 YMoeley YMueller YO'Neal
Orrock YParham YParrish Y Parsons YPelote Y Perry Y Pinholster YPoag

YPolak Y Ponder Y Porter YPowell YPurcell YRagas
Randall YRay
Reaves YReichert
Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders YSauder YScarlett YScheid YScott YShanahan YSbaw YSherrill YShipp YSims
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, LJl Y Smith, P Y Smith, T

Y Smith, V YSmyre YSnelling YSnow YStaUings YStandLF YStancil, S Y Stanley, L Y Stanley, P Y Stephens YTaylor
Teague NTeper
Thomas Y Tillman Y Titus YTolbert 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 YWorthan YYates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 158, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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 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
YAnderson YAshe Y Bailey Y Bannister
YBarfoot Y Barnard YBaraes Y Bates YBenefield YBirdsong YBohannon
Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown

YBuck YBuckner YBunn YBurkhalter YByrd Y Campbell Y Canty YCash YChannell YChilden Y Clark
Coan YColeman, B
Coleman.T Connell Y Cooper YCrawford Y Crews

Y Culbreth Y CummingB YDavis,G YDavis, M
Day YDeLoach, B YDeLoach, G YDfc 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 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 Y Jenkins
Johnson YJohnston Y Jones Y Joyce EKaye YLadd YLakly YLane
Lee Y Lewis YLord

2110

JOURNAL OF THE HOUSE,

Y Lucas
Maddox YMann Y Manning Y Martin, J
Y Martin, J.L YMasaey YMcBee YMcCall YMcClinton
McKinney Y Mills YMobley YMoeley YMueller YO-Neal
Orrock YParham

YParrish Y Parsons YPelote Y Perry YPinholster YPoag YPolak Y Ponder Y Porter YPoweU YPurcell YRagu YRandall
Ray Reaves YReichert YRice Y Richardson

Y Roberts Y Rogers Y Royal Y Sanders YSauder YScarlett YScheid 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 Y Stalling Y Stancil, F YStancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper
Thomas Y TUhnan

Y Titus Y Tolbert YTrense
Tumquest 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 adoption of the Resolution, the ayes were 159, 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 Senate substitute thereto:

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 following Senate substitute was read:

A BILL
To provide for an advisory referendum election to be held in Floyd County for the purpose of ascertaining if the unification of Floyd County and the City of Rome is desired by the people of said county; to provide for procedures, requirements, and other matters relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. It is the purpose of this Act to provide for an advisory referendum within Floyd County to determine if the consolidation of Floyd County and the City of Rome is preferred by the voters of said county.
SECTION 2. (a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Floyd County shall call and conduct an advisory election as provided in this section for the purpose of submitting a question to the electors of said county to determine the type of government preferred by a majority of the electors voting at said election. The superintendent shall conduct that election on the date of the November, 1998, state-wide general election and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Floyd County. The ballot shall have printed thereon the following:
"Advisory Referendum Election Select the form of government which you favor by placing a check mark (/) or (x) in the appropriate space below. Choose one only:

MONDAY, MARCH 16, 1998

2111

_____

Establish a citizen's committee which will conduct not less than six open, public hearings to develop a plan for the unification of the Floyd County
and City of Rome governments, with such citizen's committee to be comprised of 21 citizens as follows: (1) three members appointed by the city commission of Rome, including at least one female member and one
minority member; (2) three members appointed by the board of commissioners of Floyd County, including at least one female member and one minority member; (3) three members appointed by the City of Rome
School Board, including at least one female and one minority member; (4) three members appointed by the Floyd County School Board, including at least one female and one minority member; (5) three members
appointed by the January, 1999, grand jury of the Rome Judicial Circuit; (6) three members appointed by the May, 1999, grand jury of the Rome Judicial Circuit; (7) one member appointed by the area planning and
development commission; (8) one member appointed by the Rome Chamber of commerce; and (9) one member appointed by the Rome central
labor union. All appointments other than those made by the grand jury shall be made by July 1, 1999. The committee shall call the first meeting on the second Monday in July of 1999 for the purpose of electing the chairperson and other officers deemed necessary by the committee. The
committee, by majority vote, may appoint other members to the committee as the members deem necessary to develop a unification plan. If the committee finds that a unification plan should be presented to the vot-
ers, it shall submit a unification plan to the local legislative delegation by the first day of February, 2000. The legislative delegation shall then pass legislation to have the plan submitted to the voters at the general election in November, 2000. Such plan shall be submitted separately to
the voters of the City of Rome and the voters residing within the territorial limits of Floyd County and must be approved separately by each
such group of voters.

_____

Retain separate governments for Floyd County and the City of Rome."

(b) It shall be the duty of the election superintendent of Floyd County to hold and con-
duct the advisory election provided for in this section and to tabulate the results of such election. It shall be the further duty of said superintendent to certify the results of said election to the Secretary of State and to each member of the General Assembly whose Senatorial or Representative District lies wholly or partially within Floyd County. The
expense of such election shall be borne by Floyd County. (c) It is found, determined, and declared that the holding of the advisory referendum elec-
tion provided for in this section is in all respects for the benefit of the people of Floyd County and is for a public purpose and is an essential governmental function for which
public funds may be expended.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Childers of the 13th, Smith of the 12th and Perry of the llth move to amend the Senate substitute to HB 1737 as follows:
By adding the word "governments" after the word Rome page 1 line 3 and by striking the word "area" on line 23 page 2 and inserting the words "Rome-Floyd".

Representative Childers of the 13th moved that the House agree to the Senate substitute, as amended by the House, to HB 1737.

2112

JOURNAL OF THE HOUSE,

On the motion, the ayes were 120, nays 0. The motion prevailed.

Representative Sanders of the 107th arose to a point of personal privilege and addressed the House.

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

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

HB 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 provisions relating to transfer of license plates and revalidation decals.

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

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1309 Do Pass
Respectfully submitted, Is/ Reaves of the 178th
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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 538 Do Pass, by Substitute
Respectfully submitted, Is/ Parham of the 122nd
Chairman

Pursuant to HR 1165, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Wednesday, March 18, 1998.

WEDNESDAY, MARCH 18, 1998

2113

Representative Hall, Atlanta, Georgia Wednesday, March 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:

Andenon All* Barfoot Barnard Bate. BenefieM Binbong Bohannon Bradford Breedlov.
Brawn Buck Buckner Bunn Burkhalter Byrd Campbell Cash Channell Clark Coin Coteman, B Connell Cooper Crawibfd Crews

Culbnth CummingB
DeLoach,B DeLoach, G Dixon Dobbi Dukes Ehihart Epp. Evans Everett Felton Floyd Franklin Golden Gram Green* Grindley Hemmontree Herbin Heud Hecfat EHenson Holland Houiton Howard Hudgem

Hudion, H Hudson, N Hugley Jackson Jamee Johnson Johnston Lakly Lee Lewis Lord Mann Manning
Martin, J Martin, J.L Maasey
McBee McCall McClinton McKinney Mills
Moaley Mueller O'Neal Orrock Parham Parsons Pelote

Pinhobter Poag Porter Powell Purcell Ragas Ray Reaves Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott
Shaw Sherrill Shipp Sims Skipper Smith, C Smith, C.W

Smith, L Smith, L.R Smith, P Smith, T Smith, V Snelling Stancil,F Stancil,S Stephens Taylor Teper
Tillmfln
Titus Tolbert Trenae Twiggs Walker, L
West Westmoreland Whitaker Wiles Williams, B Williams, R Worthan Yatea Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Bailey of the 93rd, Kaye of the 37th, Thomas of the 148th, Walker of the 87th, Lane of the 146th, Irvin of the 45th, Hanner of the 159th, Heckstall of the 55th, Randall of the 127th, Maddox of the 72nd, Bordeaux of the 151st, Turnquest of the 73rd, Smyre of the 136th, Lucas of the 124th, Jamieson of the 22nd, Parrish of the 144th, Sinkfield of the 57th, Barnes of the 33rd, Teague of the 58th, Polak of the 67th, Stanley of the 49th, Stanley of the 50th, Childers of the 13th, Ladd of the 59th, Canty of the 52nd, Alien of the 117th, Davis of the 48th and Diz of the 76th.
They wish to be recorded as present.

Prayer was offered by the Reverend Steven Kimmel, Pastor, First Baptist Church, Smyrna, 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.

2114

JOURNAL OF THE HOUSE,

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

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

HB 1929. By Representative Ehrhart of the 36th:
A bill to be entitled an Act to amend an Act creating the Board of Commissioners of Cobb County, so as to provide that no drug rehabilitation facilities shall be located or relocated within unincorporated Cobb County without a public hearing and referendum approval.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1930. By Representative Parsons of the 40th:
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 certain provisions relating to serious injury by vehicle.
Referred to the Committee on Special Judiciary.

HR 1407. By Representatives Byrd of the 170th, Mosley of the 171st, Jenkins of the 110th and Smith of the 169th:
A resolution creating the House Teen Sexual Activity Study Committee.
Referred to the Committee on Rules.

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

HB 1931. By Representatives Teper of the 61st, Jones of the 71st, Watson of the 70th, Ragas of the 64th, Mobley of the 69th and others:
A bill to provide for a county referendum on the question of whether DeKalb County should exercise home rule powers to license general contractors for construction of new dwellings.
Referred to the Committee on State Planning & Community Affairs - Local.

By unanimous consent, the following Resolutions of the House were read the second time:
HR 1333 HR 1335

WEDNESDAY, MARCH 18, 1998

2115

Representative Lane of the 146th District, Chairman of the Committee on Game, Fish & Parka, 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 475 Do Pass, by Substitute
Respectfully submitted, /s/ Lane of the 146th
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 Bill and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 415 Do Pass, by Substitute SR 644 Do Pass, by Substitute
Respectfully submitted, /s/ Banner of the 159th
Chairman

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

Mr. Speaker:

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

HR 609 Do Pass, by Substitute HR 1164 Do Pass, as Amended
HR 1168 Do Pass HR 1224 Do Pass

HR 1249 Do Pass HR 1251 Do Pass
SR 544 Do Pass SR 552 Do Pass

Respectfully submitted, M Lee of the 94th
Chairman

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

HOUSE RULES CALENDAR WEDNESDAY, March 18,1998
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 39th Legislative Day as enumerated below:

2116

JOURNAL OF THE HOUSE,

HR 609 House Study Committee on Early Childhood Immunization; create HR 1100 Reg Trans Plan; express support for projects & programs HR 1164 House Insurance Premium Taxation Study Committee; create HR 1168 House Dev Impact Fees for Ed Facilities Study Comm; create HR 1224 Ga Speech-Language Pathology Study Committee; create HR 1249 Georgia Commission on Women; invite to House HR 1251 House Ovarian Cancer Study Committee; create
SB 19 Waste-Water Discharge - cert, moratorium not apply cert, facilities (Scott - 36th)
SB 139 Med Assist; prohibit cert restrictions on appvd prescription drugs (Thomas - 10th)
SB 344 Prof licenses; cert state examining board decisions; judicial review (Perdue - 18th)
SB 402 Uniform Commercial Code Investment Securities - provide (Egan - 40th)
SB 404 Education - grants for jt. after- school prog., at-risk students (Middleton - 50th)
SB 410 Children's Health Insurance Act - create (Walker - 22nd)
SB 446 State Owned Historic Property - preservation (Johnson - 1st)
SB 485 County Officers', Employees' Health Plans - election of plans (Gillis - 20th)
SB 491 Schools - Bd. of Ed. waive cert, require, on middle school grants (Clay - 37th)
SB 496 Land, Water & Wildlife Heritage Fund - create (Hooks - 14th)
SB 500 Seafood, Meat, Poultry Sale from Mobile Vehicle - licensing (Streat - 19th)
SB 510 Crimes Against Family Members Act of 1998 - provide (Perdue - 18th)
SB 522 Telecommunications Co; customer authorization for cert. chgs. (Walker - 22nd)
SB 525 Dispossessory Proceedings - revise practice & procedure (Johnson - 1st)
SB 544 Electronic Warehouse Receipt Providers - chng. provisions (Ragan - llth)
SB 560 Clinical Lab. Examination of Human Specimens - quality assurance program (Hooks - 14th)
SB 586 State Patrol Trooper - requirements for appointment (Streat - 19th)
SB 620 Health Insur. - mental disorders under small group policies (Stokes - 43rd)
SB 660 Juvenile Proceedings-relating to ordered counseling, custody orders (Abernathy - 38th)
SB 666 Cty.Bds.of Hlth.-school supt.may designate one to serve in his place (Price - 28th)
SB 700 Public Employees - prohibit requiring cert, agreement on overtime (Thomas - 10th)
SR 527 Chatham Co. - conveyance of state owned property (Johnson - 2nd)
SR 532 Land, Water, & Wildlife Heritage Fund - create (CA) (Hooks - 14th)
SR 544 Jt. Study Comm. on Franchise Fees & Conditions, Rights of Way, Etc. (Perdue - 18th)
SR 552 Jt. Study Comm. on Historic Preservation - create -

WEDNESDAY, MARCH 18,1998

2117

(Hooks - 14th)
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

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

HB 1629.

By Representative Orrock of the 56th:
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 exemptions and property eligible for such exemptions.

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 districts in unincorporated Fulton County, so as to provide for the creation of community improvement districts in the municipalities within Fulton County.

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.

HB 1839.

By Representatives Shipp of the 38th, Wiles of the 34th, Parsons of the 40th and others:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the provisions relating to the corporate limits of said city.

HB 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 supplement to the compensation of the sheriff, clerk of the superior court, tax commissioner, and judge of the probate court.

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 commissioner districts.

2118

JOURNAL OF THE HOUSE,

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.

HB 1863. By Representative Ponder of the 160th:
A bill to amend an Act incorporating the City of Donalsonville, so as to provide for changes in the boundaries of the city council districts.

HB 1874.

By Representatives Coleman of the 80th, Breedlove of the 86th, Bannister of the 77th and others:
A bill to change the manner by which vacancies are filled and new members are appointed to the board of the Hospital Authority of Gwinnett County.

HB 458. By Representatives Hecht of the 97th, Polak of the 67th, Hugley of the 133rd and others:
A bill to amend Article 1 of Chapter 3 of Title 45 of the Official Code of Georgia Annotated, relating to official oaths, so as to conform the provisions relating to oaths of office contained in Code Section 45-3-1 to the qualifications for holding public office regarding the holding of unaccounted for public money due the state or its political subdivisions.

HB 1143.

By Representatives Buck of the 135th, Jamieson of the 22nd, Royal of the 164th and others:
A bill to amend Code Section 43-17-5 of the Official Code of Georgia Annotated, 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.

HB 1169.

By Representative Murphy of the 18th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, 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.

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 provide for expenses; to provide for creation, powers, duties, and authority of the Georgia General Assembly Training Institute.

HB 1316.

By Representatives Ragas of the 64th, Davis of the 60th, Dix of the 76th 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.

WEDNESDAY, MARCH 18, 1998

2119

HB 1392.

By Representative Murphy of the 18th:
A bill to amend Code Section 16-8-14 of the Official Code of Georgia Annotated, 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.

HB 1432.

By Representatives Puicell of the 147th, James of the 140th, Reaves of the 178th and others:
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 Environmental Protection Division of the Department of Natural Resources as to control of water pollution and surface-water use generally, so as to provide for additional grounds for the refusal to grant certain permits issued by the director.

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.

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.

HB 1486.

By Representatives Burkhalter of the 41st, Benefield of the 96th, Barnes of the 33rd and others:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding counties and municipalities, so as to provide for legislative findings and implementation; to provide for exemptions from regulation by the Public Service Commission, Department of Transportation, and State Tollway Authority.

HB 1490.

By Representative Holland of the 157th:
A bill to amend Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to provide that the official state peanut monument shall be a certain peanut sculpture in Turner County.

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 Annotated, relating to the creation and composition of the Georgia Board of Dentistry, 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.

HB 1520.

By Representatives Royal of the 164th, Buck of the 135th, Rogers of the 20th and others:
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 purposes, so as to provide for the enactment of a distribution formula by local Act.

2120

JOURNAL OF THE HOUSE,

HB 1556.

By Representatives Polak of the 67th, Smyre of the 136th, Walker of the 141st and others:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, BO 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.

HB 1557. By Representative Teper of the 61st:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to provide for changes to the "Local Government Authorities Registration Act".

HB 1565.

By Representatives Childers of the 13th, Orrock of the 56th, Smith of the 109th 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 disease, 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.

HB 1654.

By Representatives Mosley of the 171st, Byrd of the 170th, Smith of the 169th and others:
A bill to amend Code Section 20-2-143 of the Official Code of Georgia Annotated, relating to sex education and AIDS prevention education, so as to require instruction regarding the legal consequences of parenthood.

HB 1664.

By Representatives Henson of the 65th, Murphy of the 18th, Teper of the 61st and others:
A bill to amend Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to commissions and other agencies, so as to create the Georgia Commission on the Holocaust.

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.

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 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 purpose of selling or advertising the sale of such vehicles.

WEDNESDAY, MARCH 18, 1998

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HB 1731.

By Representatives Ehrhart of the 36th, Wiles of the 34th, Sauder of the 29th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relating to the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chief judge of said circuit.

HB 1784.

By Representatives Royal of the 164th, Murphy of the 18th, Coleman of the 142nd 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 Senate has adopted by the requisite constitutional majority the following resolutions of the House:

HR 733. By Representative Dixon of the 168th: A resolution compensating Guy's Automotive.

HR 742. By Representatives Walker of the 141st, Murphy of the 18th, Dix of the 76th and others:
A resolution to create the Blue Ribbon Commission on State Government Facilities.

HR 782. By Representative Golden of the 177th: A resolution compensating Ms. Ann C. Bennett.

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

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

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

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

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

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

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HR 789. By Representative Bates of the 179th: A resolution compensating Mr. James A. Hayes.

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

HR 837. By Representative Greene of the 158th: A resolution compensating Ms. Wanda Torhert.

HR 861. By Representative Massey of the 86th: A resolution compensating Ms. Meredith (Merry) B. Chandler.

HR 866. By Representative Hudson of the 120th: A resolution compensating Ms. Loretta Cummings.

HR 956. By Representative Shaw of the 176th: A resolution compensating Mr, Henry Elroy Griffis.

HR 1004. By Representative Jones of the 71st:
A resolution declaring the State of Georgia and the Ivory Coast to be sister states.

HR 1024. By Representative Alien of the 117th: A resolution compensating Mr. Harold I. Brown.

HR 1055. By Representative Thomas of the 148th: A resolution compensating Ms. Ailerua A. Newsome Crawford.

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

HB 1373.

By Representatives Irvin of the 45th, Ashe of the 46th, Ehrhart of the 36th and others:
A bill to amend Chapter 19 of Title 45 of the Official Code of Georgia Annotated, relating to labor practices, so as to change the prohibitions against strikes by state employees so as to apply to additional public employees.

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

HB 661. By Representatives Baker of the 70th, Cummings of the 27th and Shanahan of the 10th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that a member of the Employees' Retirement System of Georgia or the Teachers Retirement System of Georgia who becomes employed in a position covered by the other retirement system may elect membership in either retirement system.

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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.

HB 978. By Representatives Wiles of the 34th, Davis of the 60th, Ehrhart of the 36th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide immunity to manufacturers, distributors, dealers, and sellers of motor vehicles from civil liability for injuries caused by failure of an air bag to deploy in certain circumstances.

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

HB 1485. By Representative Shanahan of the 10th:
A bill to amend Chapter 43 of Title 36 of the Official Code of Georgia Annotated, 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.

HB 1550.

By Representatives Teper of the 61st, Porter of the 143rd, Buck of the 135th 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.

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 generally, 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 common areas of such project, except in certain circumstances.

HB 1639.

By Representatives Cooper of the 31st, Skipper of the 137th, Barnes of the 33rd 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 psychological evaluation and consideration of the entire criminal record of an offender before sentencing for a conviction of stalking or aggravated stalking.

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HB 1640.

By Representatives Lane of the 146th, Dobbs of the 92nd, Hanner of the 159th and others:
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 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 Endowment Fund.

The Senate insists on its amendments to the following bill of the House:

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 relating to identification of boats taking shrimp; to provide for a recreational fishing license for all waters of this state.

The Senate insists on its substitute to the following 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 1394.

By Representatives Channel! of the lllth, Rogers of the 20th, Reichert of the 126th 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 Senate has agreed to the House substitute as amended by the Senate to the following bills of the Senate:

SB 111. By Senators Thompson of the 33rd and Clay of the 37th:
A bill to amend Code Section 3-4-23 of the Official Code of Georgia Annotated, relating to the certificate of residence required for a retail distilled spirits dealer's license or tax stamps, so as to provide that an applicant for a retail dealer's license or tax stamps for distilled spirits for a location within a municipality where distilled spirits may legally be sold may reside anywhere within the county in which the municipality is located.

SB 158. By Senators Brown of the 26th, Oliver of the 42nd, Thomas of the 10th and others:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide that certain motor vehicles shall be contraband and shall be forfeited; to provide for seizure and condemnation of such motor vehicles; to provide for practices, procedures, and requirements relative to the seizure, forfeiture, and disposal of such motor vehicles; to provide for exceptions.

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2125

The Senate has agreed to the House substitute to the following bill of the Senate:

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.

The Senate has agreed to the House amendment to the following bill of the Senate:

SB 529. By Senator Langford of the 29th:
A bill to amend Code Section 48-5-306 of the Official Code of Georgia Annotated, 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.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following bills 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 President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Gillis of the 20th, Johnson of the 1st and Kemp of the 3rd.

HB 1337.

By Representative Stancil of the 91st:
A bill to amend Code Section 8-2-26 of the Official Code of Georgia Annotated, relating to the enforcement of state minimum standard building codes, so as to change the provisions relating to the requirement that certain information be printed on county and municipal building permits.

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Lamutt of the 21st, Langford of the 29th and Gochenour of the 27th.

The following Resolutions of the House were read and adopted:

HR 1355. By Representatives Sauder of the 29th and Bradford of the 30th: A resolution recognizing and commending Adea Junious.

HR 1356. By Representatives Sauder of the 29th and Bradford of the 30th: A resolution recognizing and commending Jessica Fisher.

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HR 1357. By Representatives Murphy of the 18th, Manner of the 159th, Walker of the 141st, Coleman of the 142nd, Lee of the 94th and others:
A resolution commending Elmore C. Thrash.

HR 1358. By Representative Hudson of the 120th:
A resolution expressing sympathy at the passing of Honorable Boze Johnson, Jr.

HR 1359. By Representative Hudson of the 120th:
A resolution recognizing and commending the Hancock Central High School Lady Bulldogs basketball team.

HR 1360. By Representative Hudson of the 120th:
A resolution recognizing and commending Pearl Brooks on her 105th birthday.

HR 1361. By Representatives Hudson of the 120th and Jackson of the 112th: A resolution recognizing and commending Arabia Temple No. 11.

HR 1362. By Representatives Hudson of the 120th and Jackson of the 112th: A resolution recognizing and commending the Thomson High School bands.

HR 1363. By Representative Pelote of the 149th: A resolution commending the Victorian District Community Association.

HR 1364. By Representative Stephens of the 150th:
A resolution expressing sympathy at the passing of the Honorable James B. Edenfield.

HR 1365. By Representative Stephens of the 150th:
A resolution expressing sympathy at the passing of the Honorable Harold D. Bennett.

HR 1366. By Representatives Bunn of the 74th and O'Neal of the 75th: A resolution congratulating and commending Kathy Carroll.

HR 1367. By Representatives O'Neal of the 75th and Bunn of the 74th: A resolution recognizing and commending Cleveland Stroud.

HR 1368. By Representative Trense of the 44th: A resolution expressing heartfelt gratitude to Mark B. Jackson.

HR 1369. By Representatives Purcell of the 147th and Greene of the 158th: A resolution commending Dr. Willie Grier Todd.

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HR 1370. By Representative Holland of the 157th:
A resolution commending the Youth Assembly and Junior Youth Assembly programs of the State YMCA of Georgia.

HR 1371. By Representative Smith of the 19th: A resolution recognizing and commending the Murrayville Gathering.

HR 1372. By Representatives Richardson of the 26th and Murphy of the 18th:
A resolution recognizing and commending the Paulding County Chamber of Commerce.

HR 1373. By Representatives Smith of the 103rd, Westmorland of the 104th, Brown of the 130th and Yates of the 106th:
A resolution commending Central Baptist Church of Newnan, Georgia.

HR 1374. By Representatives Smith of the 103rd, Westmorland of the 104th, Brown of the 130th and Yates of the 106th:
A resolution commending William V. Headley.

HR 1375. By Representatives Smith of the 103rd, Westmoreland of the 104th, Brown of the 130th and Yates of the 106th:
A resolution commending the Newnan-Coweta Habitat for Humanity.

HR 1376. By Representative Hammontree of the 4th: A resolution commending Jessica Allyn Moore.

HR 1377. By Representative Hammontree of the 4th: A resolution commending Daniel Heath Vickers.

HR 1378. By Representative Hammontree of the 4th: A resolution commending Cynthia L. Combee.

HR 1379. By Representative Hammontree of the 4th: A resolution recognizing and commending Gary Cochran.

HR 1380. By Representative Hammontree of the 4th: A resolution commending Oliver Tommy Williams.

HR 1381. By Representative Hammontree of the 4th: A resolution commending Wesley James Taylor.

HR 1382. By Representatives Porter of the 143rd, Coleman of the 142nd and Murphy of the 18th:
A resolution commending Roy Malone.

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HR 1383. By Representatives Westmorland of the 104th and Lakly of the 105th: A resolution commending Sean Lancette.

HR 1384. By Representative Sherrill of the 62nd: A resolution recognizing TV-Turnoff Week in 1998.

HR 1386. By Representative Jones of the 71st: A resolution recognizing Andre Barnwell.

HR 1386.

By Representatives Suns of the 167th, Golden of the 177th and Ponder of the 160th:
A resolution commending the Citizens Christian Academy girls basketball team.

HR 1387. By Representative Smith of the 169th:
A resolution commending Mr. Richard Shellie Thomton on the occasion of his 100th birthday.

HR 1388.

By Representatives Cummings of the 27th, Childers of the 13th and Smith of the 12th:
A resolution recognizing and celebrating the life of Doctor Thomas Hudson Moss, Jr.

HR 1389. By Representative Shanahan of the 10th: A resolution commending Sandra M. Hall of Gordon County.

HR 1390. By Representatives Williams of the 114th, Lord of the 121st, Harbin of the 113th, Ehrhart of the 36th and Irvin of the 45th:
A resolution expressing regret at the passing of George W. Humphreys.

HR 1391. By Representative Hudson of the 120th: A resolution expressing sympathy at the passing of Mrs. Sarah Smallwood.

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 1186 Do Pass HR 1192 Do Pass HR 1196 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

WEDNESDAY, MARCH 18, 1998

2129

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

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.

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.

HR 1196. By Representative Cash of the 108th:
A resolution commending Mr. Fletcher Wolfe and inviting him to appear before the House of Representatives.

HR 1249.

By Representatives Davis of the 48th, Orrock of the E6th, 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 Senate substitute thereto:

HB 766. By Representative Connell of the 115th:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials.

The following Senate substitute was read:

A BILL
To amend an Act establishing the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), as amended, particularly by an Act approved April 9, 1996 (Ga. L. 1996, p. 4405), so as to change the compensation of certain officials; to provide for the payment of such compensation; to provide for related matters; to repeal certain provisions relating to the board of commissioners; 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 establishing the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), as amended, particularly by an Act approved April 9, 1996 (Ga. L. 1996, p. 4405), is amended by striking in its entirety Section 1 thereof and inserting in lieu thereof a new Section 1 to read as follows:
"SECTION 1. (a) The following officials of Richmond County, Georgia, shall receive an annual salarj, payable from the funds of Richmond County, Georgia, as follows:

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(1) Clerk of superior court and state court (2) Judge of the probate court (3) Tax commissioner (4) (A) Judge of the state court
(B) Chief judge of the state court (5) Solicitor of the state court (6) Coroner (7) Judge of the civil court (8) Associate judge of the civil court (9) District attorney (10) Judge of the superior court (11) Sheriff

75,000.00 75,000.00 75,000.00 90,000.00 98,000.00 90,000.00 75,000.00 75,000.00 75,000.00 20,024.00 22,024.00 90,000.00

(b) The compensation provided for in subsection (a) of this section shall be paid in equal monthly installments.
(c)(l) Except as otherwise provided in this subsection, the compensation provided for in subsection (a) of this section shall be the sole compensation for the officials duties from any source including, without limitation, any travel or expense allowance. Except as provided in this subsection, no such official shall receive a cost of living or longevity increase in compensation. (2) The supplement for judges of the superior court provided for in subsection (a) of this section shall not be affected by any increase in such judges salary paid from funds appropriated by the General Assembly or by any increase in the supplement provided for by any other county in the Augusta Judicial Circuit. (3) In addition to the compensation provided for in subsection (a) of this section, the coroner, the district attorney, and the sheriff shall receive the same mileage allowance for travel by personal vehicle as provided by law for members of the General Assembly. (4) The compensation provided for in subsection (a) of this section for the chief judge, judge, and solicitor of the state court shall be reduced by an amount equal to any county supplement allowed; provided, however, that no such official shall receive hi total less than the amount so provided."

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 amendment was read and adopted:

Representative Connell of the 115th et al. move to amend the Senate substitute to HB 766 by striking lines 22 through 30 of page 1 and lines 1 through 3 of page 2 and inserting in lieu thereof the following:

"From January 1

through

On and after

December 31, 1999 January 1, 2000

(1) Clerk of superior court and state court (2) Judge of the probate court (3) Tax commissioner (4) (A) Judge of the state court (B) Chief judge of the state

$ 67,850.00 65,468.00 78,000.00 90,000.00

$ 75,000.00 75,000.00 78,000.00 90,000.00

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court (5) Solicitor of the state court (6) Coroner (7) Judge of the civil court (8) Associate judge of the civil court (9) District attorney (10) Judge of the superior court (11) Chief judge of the superior court (12) Sheriff

98,000.00 73,500.00 55,680.00 69,283.50
68,406.00 20,535.00 22,124.00
23,624.00 81,335.50

98,000.00 83,000.00 65,000.00 76,500.00
75,000.00 20,535.00 22,124.00
23,624.00 90,000.00"

Representative Connell of the 115th moved that the House agree to the Senate substitute, as amended by the House, to HB 766.
On the motion, the ayes were 120, nays 0.
The motion prevailed.

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

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

HB 1630.

By Representatives Orrock of the 56th, Ashe of the 46th, Irvin of the 45th 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.

HB 1915. By Representatives Harbin of the 113th, Williams of the 114th and Jackson of the 112th:
A bill to provide for the compensation, expenses, and benefits of the coroner of Columbia County.

The Senate has disagreed to the House substitute to the following resolution 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.

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JOURNAL OF THE HOUSE,

The Senate has disagreed to the House substitute to the following bill of the Senate:

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 Annotated, relating to zoning procedures, so as to change the definition of zoning decision to include the grant of a special use permit.

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

HB 203. By Representatives McBee of the 88th, Cummings of the 27th, Shanahan of the 10th and others:
A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement in the Teachers Retirement System of Georgia, so as to provide for creditable service for forfeited annual and sick leave.

HB 1576.

By Representatives West of the 101st, Stallings of the 100th, Murphy of the 18th and others:
A bill to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to provide an exception from the definitions of "food sales establishment" and "food service establishment" for certain tax exempt organizations under certain conditions.

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

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 Annotated, relating to organization of the executive branch generally, so as to provide for the creation of state service delivery regions.

HB 1435.

By Representatives Henson of the 65th, Mueller of the 152nd, Jones of the 71st and others:
A bill to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to change the provisions relating to continuing education and the scope of practice of chiropractic.

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

HB 300. By Representatives Byrd of the 170th and Lee of the 94th:
A bill to amend Code Section 43-14-8 of the Official Code of Georgia Annotated, relating to licensing required for electrical, plumbing, or conditioned air contracting and businesses conducted by partnerships, limited liability companies, and corporations, so as to regulate certain sales or the furnishing of major components of a conditioned air system.

WEDNESDAY, MARCH 18, 1998

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HB 1448.

By Representative Williams of the 114th:
A bill to amend Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to motor vehicle self-insurers, so as to change certain provisions relating to an exception applicable to taxicab self-insurers located in counties with populations of 400,000 or less.

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

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 Annotated, relating to programs and protection for children, so as to create the "Children's Health Insurance Act"; to provide for the establishment of a children'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 Committee substitute was read and withdrawn:

A BILL
To amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to create the "PeachCare for Kids Act"; to provide for a short title, legislative findings, and definitions; to provide for the creation of a health care coverage program for certain children and for its administration and funding; to provide for eligibility and coverage; to provide for copayments; to provide for outreach, applications, and enrollment; to provide for health care provider enrollment; to provide for plan submission and action to obtain federal approval; to provide for submissions of copies of the plan; to create the PeachCare for Kids Joint Oversight Committee and its composition, expenses and allowances, organization, duties, powers, and funding; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by adding at the end a new article to read as follows:
"ARTICLE 13
49-5-270. This article shall be known and may be cited as the 'PeachCare for Kids Act.'
49-5-271. The General Assembly finds and declares that a large proportion of school-aged children in Georgia do not currently have access to adequate medical treatment and, further, that this lack of access can hinder a child's ability to reach his or her full physical and educational potential. The General Assembly further finds that federal funding made available to the states under Title XXI of the federal Social Security Act may be used to administer programs to provide such coverage. The General Assembly further finds the provision of adequate medical coverage for this population to be in the public interest and further declares the establishment of the program pursuant to this article to be a desirable and economical means of increasing access to such medical coverage.
49-5-272.

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JOURNAL OF THE HOUSE,

As used in this article, the term: (1) 'Department' means the Department of Medical Assistance. (2) 'Federal law' means Title XXI of the federal Social Security Act. (3) 'Medicaid' means medical assistance provided under Article 7 of Chapter 4 of this title, the 'Georgia Medical Assistance Act of 1977.' (4) 'Program' means the PeachCare for Kids Program created by Code Section 49-5-273.
49-5-273. (a) There is created the PeachCare for Kids Program to provide health care benefits for children in families with income below 200 percent of the federal poverty level. Children ages six through 18 in families with family incomes between 100 and 200 percent of the federal poverty level shall be eligible for the program, to be administered by the department pursuant to federal law and subject to availability of funding. (b) No entitlement to benefits for the children covered under the program or this article shall be created by the program. The program shall be established subject to the availability of funds specifically appropriated by the General Assembly for this purpose and federal matching funds as set forth in federal law. The department shall operate the program consistent with administrative efficiency and the best interests of children. (c) The program shall offer the benefits coverage available to children under Georgia's Medicaid plan, but this coverage shall not be provided by an expansion of eligibility for medical assistance under Medicaid. (d) The department may charge copayments for services consistent with federal law; provided, however, that no copayment shall be charged for inpatient hospital services or preventive services. Preventive services include but are not limited to medically necessary maintenance medication and monitoring for chronic conditions such as asthma and diabetes. (e) A child shall remain eligible, subject to availability of funding, for a period of 12 months from such child's determination of eligibility unless the child attains the age of 19 years, is no longer a resident of the state, or the family's income declines to the point that the child becomes Medicaid eligible, hi which case, upon notice by the family of the decline hi income, the child shall be enrolled in Medicaid. (f) The department shall provide for presumptive eligibility for all applicant children as allowed by federal law. (g) The department shall conduct outreach in all 159 counties for the purpose of enrolling the maximum number of children hi the program. Applications shall be accepted by mail or hi person. The department shall take all necessary and appropriate steps to reduce administrative barriers to application for and receipt of services under the program. (h) Any health care provider who is enrolled in the Medicaid program shall be deemed to be enrolled hi the program. (i) The department shall file a Title XXI plan to carry out the program with the United States Department of Health and Human Services Health Care Financing Administration by May 1, 1998. The department shall have the authority and flexibility to make such decisions as are necessary to secure approval of that plan consistent with this article. The department shall provide a copy of the plan to the PeachCare for Kids Joint Oversight Committee created by subsection (j) of this Code section. The department shall operate this program consistent with federal law. (j) The PeachCare for Kids Joint Oversight Committee is created to study and make recommendations concerning the implementation of the program and to monitor its implementation on an ongoing basis. That committee shall be composed of the chairs of the House and Senate Appropriations Committees, the House Health and Ecology Committee, the Senate Health and Human Services Committee, the House Insurance Committee, the Senate Insurance and Labor Committee, three other members of the House of Representatives appointed by the Speaker of the House of Representatives, and three other members of the Senate appointed by the President of the Senate. The Speaker of the House of Representatives shall name one of the appointed House members of such oversight committee as cochair and the President of the Senate shall name

WEDNESDAY, MARCH 18,1998

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one of the appointed Senate members of such oversight committee as the other cochair. The PeachCare for Kids Oversight Committee shall meet on the call of either cochair. Members of that committee shall receive the expenses and allowance authorized for legislative members of interim legislative committees for each day of attendance of such committee. Funds for such committee's expenses and contracts shall come from funds appropriated to the Senate and the House of Representatives. The committee shall issue an annmil report including recommendations for changes in the program. The joint committee shall be authorized to contract with consultants to assist in any necessary duties, subject to funds being appropriated for this purpose."
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 Brown of the 130th, was read:

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"; to provide for legislative findings and intent; to provide for the establishment of a children's health insurance plan; to provide for administration; to provide for duties and powers of the Insurance Department and the Department of Medical Assistance; to provide for plan coverage, participation, eligibility, premiums and other costs, limitations, and state financial obligations; to provide for information to be requested and supplied; to provide for eligibility determinations; to authorize the adoption of rules and regulations; to provide for funding, reports, and state agency cooperation; to provide for an oversight committee and its composition, functions, and compensation; 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 expansion of Medicaid coverage; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding at the end a new chapter to read as follows:
"CHAPTER 57
33-57-1. This chapter shall be known and may be cited as the 'Children's Health Insurance Plan Act.'
33-57-2. The General Assembly finds and declares that a proportion of school-aged children in Georgia do not currently have access to adequate, affordable medical treatment and, further, that this lack of access can hinder a child's ability to reach his or her full physical and educational potential. The General Assembly further finds that federal funding made available to the states under Title XXI of the federal Social Security Act may be used to fund private insurance plans to provide such coverage. The General Assembly further finds the provision of adequate, affordable medical coverage for this population to be in the public interest and further declares the establishment of the plan pursuant to this chapter to be a desirable and economical means of increasing access to such medical coverage. The General Assembly further finds that the use of the free market mechanism for providing such coverage ensures needed economies and efficiencies for the use

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of federal and state moneys. It is the intent of the General Assembly in enacting this chapter to authorize the Insurance Department to establish a basic children's health insurance plan to make available health insurance and medical benefits to uninsured children from the ages of two through 18 in accordance with Title XXI of the federal Social Security Act.
33-57-3.
As used in this chapter, the term 'CHIP' or 'plan' means the children's health insurance plan created pursuant to Code Section 33-57-4.
33-57-4.
(a)(l) The Insurance Department is authorized to establish a basic children's health insurance plan of private health insurance for uninsured children ages two through 18 with coverage funded by using federal funds made available in accordance with Title XXI of the federal Social Security Act, as amended, any state matching funds which may be made available through appropriation by the General Assembly, and premium payments that may be collected from participants in CHIP. The plan shall be established to include the basic principles of choice, quality, affordability, and personal responsibility. The plan will authorize coverage options to be made available through individual and group insurance policies and other arrangements, including but not limited to managed care plans and health maintenance organizations. Families who have children determined to be eligible for CHIP will be able to present certificates of eligibility to any insurer or other provider of health care benefits meeting the standards of the plan and have the insurer or other provider bill the state for the cost of the coverage, minus any premiums established for the plan. (2) The plan shall include major medical, dental, and vision coverage based upon the market standard for such coverage. The plan shall also include coverage for mental health services but shall use, to the greatest extent possible, such services provided by or through community service boards. (b) The plan shall be designed so that children who are otherwise eligible for the plan and who are in families having income between: (1) One hundred percent through 150 percent of the federal poverty level are provided certificates of eligibility authorizing coverage of 100 percent of the defined medical benefits plan; or (2) One hundred fifty-one percent through 199 percent of the federal poverty level are provided certificates of eligibility, but premiums therefore shall be based upon a sliding scale based upon income but shall not exceed 3 percent of gross family income. (c) The Insurance Department shall determine plan premiums, including the state and personal portion, as well as any copayments, based upon actuarially sound data. The insured shall have a maximum exposure determined by the Insurance Department so as to protect against high out of pocket expenses. The insurance company or other provider of plan coverage shall be responsible for collecting any premiums. If the family chooses a plan which is more expensive that the market standard plan, then the family must pay the cost differential. If the family chooses a plan which is less expensive than the market standard plan, then the family and the state shall share equally in the savings. The state's financial obligation for any given fiscal year for the plan shall not exceed the amount appropriated for the plan for that year. No other state funds shall be committed to funding the plan beyond those so appropriated. (d) No child shall be eligible for coverage under the plan financed under paragraph (1) of subsection (a) of this Code section who is ineligible for such coverage under Title XXI of the federal Social Security Act, as amended, or who was eligible for private health insurance coverage in the immediately preceding 12 months. (e) The family of a child eligible for coverage under the plan must enroll in the plan for a 12 month period. (f) Private group health insurance plans offered by an employer, labor union, association, or similar entity which have provided dependent coverage with less than a 50 percent premium subsidy provided by the offerer of such coverage for at least the last 12 months shall be eligible to participate in the plan.

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(g) The Insurance Department shall develop consumer marketing information to help families make the transition from the Medicaid program to CHIP and, then, from CHIP to a private sector health insurance plan. The Insurance Department shall also make available to the public the names and locations of the operation of the insurance companies and other providers who are qualified to offer CHIP. (h) The Department of Medical Assistance, through county departments of family and children services, shall provide for determinations of eligibility for children whose families apply for coverage of those children under the plan and shall provide for certificates of eligibility to those families determined to be eligible. Eligibility shall be reviewed annually. (i) The Insurance Department and the Board of Medical Assistance shall promulgate such rules and regulations as may be necessary to administer this chapter properly in accordance with the requirements of Title XXI of the federal Social Security Act and any future amendments to such Act. The Insurance Department is also authorized to request information and data from any available source and to request the assistance of accident and sickness insurers and providers of health care services in order to develop CHIP. (j) Nothing in this chapter or any rules or regulations adopted pursuant to this chapter shall be interpreted to entitle any person to receive any health insurance or medical coverage under CHIP.
33-57-5.
(a) The Department of Medical Assistance in cooperation with the Insurance Department shall be the state entities responsible for administration of the plan authorized by this chapter. (b) The Department of Medical Assistance shall accept and administer any federal funds granted to the state for use in the furtherance of CHIP established under this chapter. (c) The Insurance Department shall publish an annual report, copies of which shall be provided to the Governor and members of the General Assembly, setting forth the number of participants in CHIP, the type of health insurance and medical coverage provided by CHIP, the amount of money paid to providers by CHIP, cost containment mechanisms and competition incentives in CHIP, and other pertinent information with respect to the administration of CHIP. (d) The Joint CHIP Oversight Committee is created to study and make recommendations concerning the implementation of CHIP and to monitor the implementation of CHIP on an ongoing basis. The joint committee shall be composed of the chairs of the House and Senate Appropriations Committees, who shall be cochairs of the Joint CHIP Oversight Committee, the chairs of the House Health and Ecology Committee and the Senate Health and Human Services Committee, two members of the House appointed by the Speaker of the House, two members of the Senate appointed by the President of the Senate, one member of the House appointed by the House minority leader, one member of the Senate appointed by the Senate minority leader, and one member appointed by the State Insurance Commissioner. The joint committee shall issue an annual report including recommendations for changes in the plan. Members of the committee shall receive the expenses and allowances authorized for legislative members of interim legislative committees for each day of attendance at a meeting of the Joint CHIP Oversight Committee. The joint committee shall be authorized to contract with consultants to assist in any necessary duties subject to funds being appropriated for this purpose. (e) All state agencies shall cooperate with the Department of Medical Assistance and the Insurance Department and their designated agents by providing requested information to assist in the discharge of any duties enumerated in this chapter or established by rule or regulation."
SECTION 2. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the 'Georgia Medical Assistance Act of 1977,' is amended by adding after Code Section 49-4-145 a new Code section to read as follows:

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"49-4-145.1. Pursuant to the authority and funding provided under Title XXI of the federal Social Security Act, the department shall provide for medical assistance to pregnant women, to children younger than 24 months of age whose families have income less than 200 percent of the federal poverty level, and to persons who are less than 18 years of age and who have any chronic illness, as defined by the department."
SECTION 3. This Act shall become effective on July 1, 1998, except that the Insurance Department and Board of Medical Assistance shall be authorized to promulgate rules and regulations in accordance with the provisions of this Act prior to July 1, 1998, in order to provide for the effective administration of the children's health insurance plan and except that Section 2 of this Act shall become effective upon the approval of this Act 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.
On the adoption of the Floor substitute, the roll call was ordered and the vote was as follows:

N Alien N Anderson NAshe N Bailey Y Bannister
NBarfoot Barnard
NBarnes Y Bates N Benefield
NBirdsong Y Bohannon N Bordeaux Y Bradford Y Breedlove Y Bridges N Brooks Y Brown NBuck N Buckner YBunn N Burkhalter NByrd N Campbell
Canty YCash N Channel! N Childere Y Clark YCoan N Coleman, B N Coleman, T N Connell Y Cooper N Crawford Y Crews

N Culbreth N Cununings
Davis, G Y Davis, M
Day Y DeLoach. B Y DeLoach, G YDix NDiion NDobbs N Dukes YEhrhart NEpps Y Evans Y Everett N Felton NFloyd Y Franklin N Golden Y Graves N Greene Y Grindley
Y Hammontree N Banner 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 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 YLord 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 N O'Neal
NOrrock N Parham

N Parrish N Parsons N Pelote N Perry
Y Pinholster NPoag NPolak Y Ponder N Porter N Powell NPurceU NRagas NRandall NRay N Reaves N Reichert YRice Y Richardson N Roberts N Rogers N Royal N Sanders N Sauder Y Scarlett Y Scheid
Y 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 N Smith, T Y Smith, V NSmyre YSnelling NSnow NStallings N Stencil, F Y Stand], S N Stanley, L N Stanley, P Y Stephens N Taylor NTeague NTeper N Thomas NTillman Y Titus Y Tolbert NTrense Y Turnquest
NTwiggs N Walker, L
Y Walker, R.L N Watson NWest Y Westmoreland YWhi taker Y Wiles N Williams, B Y Williams, J N Williams, R Y Worthan
YYates Murphy, Spkr

On the adoption of the Floor substitute, the ayes were 64, nays 111. The Floor substitute was lost.

The following substitute, offered by Representative Channell of the lllth et al., was read:

A BILL
To amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to create the "PeachCare for Kids Act";

WEDNESDAY, MARCH 18, 1998

2139

to provide for a short title, legislative findings, and definitions; to provide for the creation of a health care coverage program for certain children and for its administration and funding; to provide for eligibility and coverage; to provide for copayments and premiums; to provide for outreach, applications, and enrollment; to provide for health care provider enrollment and reimbursement; to provide for plan submission and action to obtain federal approval; to provide for submissions of copies of the plan; to provide for reports and agency cooperation; to provide for certain agency and other contracts; to provide for separate budget units and appropriations; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by adding at the end a new article to read as follows:
"ARTICLE 13
49-5-270. This article shall be known and may be cited as the 'PeachCare for Kids Act.'
49-5-271. The General Assembly finds and declares that a large proportion of school-aged children in Georgia do not currently have access to adequate medical treatment and, further, that this lack of access can hinder a child's ability to reach his or her full physical and educational potential. The General Assembly further finds that federal funding made available to the states under Title XXI of the federal Social Security Act may be used to administer programs to provide such coverage. The General Assembly further finds the provision of adequate medical coverage for this population to be in the public interest and further declares the establishment of the program pursuant to this article to be a desirable and economical means of increasing access to such medical coverage.
49-5-272. As used in this article, the term:
(1) 'Department' means the Department of Medical Assistance. (2) 'Federal law' means Title XXI of the federal Social Security Act. (3) 'Medicaid' means medical assistance provided under Article 7 of Chapter 4 of this title, the 'Georgia Medical Assistance Act of 1977.' (4) 'PeachCare' or 'program' means the PeachCare for Kids Program created by Code Section 49-5-273.
49-5-273. (a) There is created the PeachCare for Kids Program to provide health care benefits for children in families with income below 200 percent of the federal poverty level. Children from birth through 18 years of age in families with family incomes below 200 percent of the federal poverty level and who are not eligible for medical assistance under Medicaid shall be eligible for the program, to be administered by the department pursuant to federal law and subject to availability of funding. (b) No entitlement to benefits for the children covered under the program or this article shall be created by the program, nor shall this article or any rules or regulations adopted pursuant to this article be interpreted to entitle any person to receive any health services or insurance available under this program. The program shall be established subject to the availability of funds specifically appropriated by the General Assembly for this purpose and federal matching funds as set forth in federal law. The department shall operate the program consistent with administrative efficiency and the best interests of children. (c) The program shall offer substantially the same health care services available to children under Georgia's Medicaid plan, but coverage for such services shall not be provided

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by an expansion of eligibility for medical assistance under Medicaid. However, the program shall exclude nonemergency transportation and targeted case management services. The department shall utilize appropriate medical management and utilization control procedures necessary to manage care effectively and shall prospectively limit enrollment in the program and modify the health care services benefits when the department has reason to believe the cost of such enrollment or services may exceed the availability of
funding. (d) The department may require copayments for services consistent with federal law; provided, however, that no copayment shall be charged for preventive services and no copayments or premiums shall be charged for any child under six years of age. Preventive services include but are not limited to medically necessary maintenance medication and monitoring for chronic conditions such as asthma and diabetes. (e) The department shall require payment of premiums for participation in the program. The premiums shall not exceed the amounts permitted under Section 1916(b)(l) of the Social Security Act or federal law. (f) The department may provide for presumptive eligibility for all applicant children as allowed by federal law and in a manner consistent with the provisions of this article. (g) The department shall provide for outreach for the purpose of enrolling children in the program. Applications shall be accepted by mail or in person. All necessary and appropriate steps shall be taken to achieve administrative cost efficiency, reduce administrative barriers to application for and receipt of services under the program, and ensure that enrollment in the program does not substitute for coverage under a group health insurance plan. (h) Any health care provider who is enrolled in the Medicaid program shall be deemed to be enrolled in the program. (i) The department shall file a Title XXI plan to carry out the program with the United States Department of Health and Human Services Health Care Financing Administration by June 1, 1998. The department shall have the authority and flexibility to make such decisions as are necessary to secure approval of that plan consistent with this article. The department shall provide a copy of the plan to the General Assembly. The department shall operate this program consistent with federal law. (j) The department shall publish an annual report, copies of which shall be provided to the Governor and the General Assembly setting forth the number of participants in the program, the health services provided, the amount of money paid to providers, and other pertinent information with respect to the administration of the program, (k) All state agencies shall cooperate with the department and its designated agents by providing requested information to assist in the administration of the program.
(1) The department, through the Department of Administrative Services or any other appropriate entity, may contract for any or all of the following: the collection of premiums, processing of applications, outreach, data services, and evaluation, if such contracting achieves administrative or service cost efficiency. The department, and other state agencies as appropriate, shall provide necessary information to any entity which has contracted with the department for services related to the administration of the program,
(m) Nothing in this article shall be interpreted in a manner so as to preclude the department from contracting with licensed health maintenance organizations (HMO) or provider sponsored health care corporations (PSHCC) for coverage of program services and eligible children in a metropolitan statistical area; provided, however, that such contracts shall require payment of premiums and copayments in a manner consistent with this article. The department may not require enrollment in a health maintenance organization (HMO) or provider sponsored health care corporation (PSHCC) as a condition of receiving coverage under the program.
(n) There shall be created a separate budget unit 'C' and a separate appropriation in the department for the purpose of carrying out the provisions of this article."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

WEDNESDAY, MARCH 18,1998

2141

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representatives Kaye of the 37th, Brown of the 130th and Ehrhart of the 36th move to amend the Floor substitute to SB 410 as follows: Page 5 insert between lines 3 & 4
"Section 2. This Act shall be automatically repealed if no federal funds are appropriated to fund any portion of the provisions of this Act during a consecutive twelve month period." Renumber Sections 2 & 3 accordingly.
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
NBarfoot Y Barnard NBarnes Y Bates NBenefield NBirdtong YBohannon N Bordeaux Y Bradford YBreedlove Y Bridges N Brooks Y Brown NBuck N Buckner YBunn N Burkhalter Y Byrd N Campbell
Canty YCash NChanneU NChilders Y Clark YCoan
NColeman, B N Coleman, T NConnell
Y Cooper N Crawford Y Crews

NCulbreth
Davis, G Y DaTM, M
Day YDeLoach, B YDeLoach, G YDii NDixon NDobbs N Dukes Y Ehrhart NEpps Y Evans YEverett NFelton NFloyd Y Franklin N Golden Y Graves NGreene YGrindley Y Hammontree 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 N Jackson N James N Jamieson
Jenkins N Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly NLane NLee Y Lewis NLord N Lucas NMaddoz YMann N Manning N Martin, J Y Martin, J.L YMassey NMcBee NMcCall N McClinton N McKinney Y Mills N Mobley YMosley Y Mueller NO'Neal NOrrock NParham

NParrish N Parsons NPelote N Perry Y Pinholster NPoag NPolak Y Ponder N Porter NPowell NPureell NRagas NRandall NRay N Reaves NReichert YRice Y Richardson N Roberts N Rogers N Royal N Sanders NSauder YScarlett YScheid Y Scott
NShaw NSherrill NSnipp NSinu N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 60, nays 115. The amendment was lost.

Y Smith, L.R N Smith, P N Smith, T
Y Smith, V NSmyre Y Snelling NSnow NStallings NStancil, F Y Stancfl,S N Stanley, L N Stanley, P Y Stephens NTaylor
NTeague NTeper K Thomas NTUlman Y Titus NTolbert
NTrense N Tumquest 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 YWorthan
YYates Murphy, Spkr

The Floor substitute was adopted.

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

2142
Y Alien YAndenon Vi AA galutAe Y Bailey Y Bannister YBarfoot Y Barnard YBaroee Y Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brawn YBuck YBuckner YBunn YBurkhalter YByrd Y Campbell
Canty YCash Y Channel! YChilden Y Clark NCoan YColeman, B YColeman, T YConnell YCooper Y Crawford Y Crews

JOURNAL OF THE HOUSE,

Y Culbreth Y Cununings
Davis, G NDavis, M
Day YDeLoach, B YDeLoach, G YDix YDizon YDobbe Y Dukes NEhrhart YEppB N Evans YEverett YFelton YFloyd N Franklin Y Golden Y Graves YGnene YGrindley YHanunontree Y Banner Y Harbin Y Heard YHecht YHeckatall YHegrtrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N YHugley Y Irvin Y Jackson Y James YJamieson YJenkins Y Johnson YJohnston Y Jones N Joyce NKaye YLadd NLakly YLane YLee Y Lewis YLord Y Lucas YMaddoz YMann Y MAnning Y Martin, J Y Martin, J.L NMassey YMcBee YMcCall Y McClinton YMcKinney N Mills YMobley YMosley YMueller YO'Neal YOrrock YParham

YParrish Y Parsons YPelote Y Perry YPinholster 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 N Scott Y Shanahan 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 YSnelling YSnow YStallings YStancil, F YStancil, S Y Stanley, L Y Stanley, P Y Stephens YTaylor YTeague YTeper Y Thomas YTOlman Y Titus YTolbert YTrense YTurnquest YTwiggs Y Walker, L Y Walker, RL Y Watson YWest N Westmoreland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan NYates
Murphy, Spb

On the passage of the Bill, by substitute, the ayes were 159, nays 17.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

WEDNESDAY, MARCH 18, 1998

2143

AFTERNOON SESSION

The Speaker called the House to order.

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

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

HB 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 Annotated, relating to juvenile proceedings and parental rights, Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, and Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to change provisions relating to court orders removing a child from home and family preservation and reunification efforts.

The Senate has adopted, by substitute, by the requisite constitutional majority the following resolution of the House:

HR 1106.

By Representatives Snow of the 2nd, Murphy of the 18th, Perry of the llth and others:
A resolution designating the William "Billy" Shaw Abney Memorial Highway.

The Senate has disagreed to the House substitute to the following bill of the Senate:

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.

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

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 appointment 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.

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The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:

SB 670. By Senators Stair of the 44th and Middleton of the 50th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for definitions; to create the Advisory Committee on Paul and Symptom Management within the office of the joint-secretary of the state examining boards; to provide for committee appointment, membership, qualifications, vacancies, expenses, allowances, and organization; to provide for committee rights, duties, and functions.

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

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 Annotated, 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 salary mandated by general law.

HB 1364.

By Representatives Stancil of the 16th, Pinholster of the 15th, Irvin of the 45th 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 provide for certification of certain grants; to provide for powers, duties, and authority of the state auditor with respect to the foregoing.

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

SR 766. By Senators Langford of the 29th, Taylor of the 12th, Roberts of the 30th and others:
A resolution urging the Georgia congressional delegation and the United States Congress to reject any legislation that would exempt health plans sponsored by associations and multiple employer welfare arrangements from state insurance standards and oversight.

The following Resolution of the House was withdrawn from the General Calendar and read and adopted:

HR 1278.

By Representatives Lord of the 121st, Burkhalter of the 41st, Tolbert of the 25th, Watson of the 70th, Ladd of the 59th and others:
A resolution urging the Georgia congressional delegation and the United States Congress to reject any legislation that would exempt health plans sponsored by associations and multiple employer welfare arrangements from state insurance standards and oversight.

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 tune:

WEDNESDAY, MARCH 18, 1998

2145

SB 560. By Senators Hooks of the 14th, Starr of the 44th, Scott of the 36th and others: A bill to amend Code Section 31-22-4 of the Official Code of Georgia Annotated, relating to clinical laboratory examination of human specimens, so as to provide for a quality assurance program.
The following amendment was read and adopted:
The Committee on Health and Ecology moves to amend SB 560 as follows: On page 1, line 20 insert the word "designed" immediately before the words "to ensure".
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 Anderaon
YAshe Y Bailey Y Bannister YBarfoot
Barnard YBarnes Y Bates Y Benefield YBirdsong
Bohfumon Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown YBuck
Buckner YBunn Y Burkhalter YByrd
Y Campbell Canty
YCash Y Channel! YChilden Y Clark YCoan
Coleman, B Coleman, T ConneU Y Cooper Y Crawford Crews

Y Culbreth Cununinits Davis, G
Y Davis, M Day DeLoach, B DeLoach, G Diz
YDixon YDobbs Y Dukes YEhihait YEpps Y Evans YEverett
Felton Floyd Y Franklin Golden Graves Greene Y Grindley Hammontree YHanner Y Harbin Y Heard YHecht Hecks tall Y Hegstrom Henson Y Holland Y Holmes Y Houston Howard Y Hudgens Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson
Y James Jamieson
Jenkins Johnson Y Johnston
Jones Y Joyce
Kaye YLadd YLakly YLane YLee Y Lewis
Lord Y Lucas
Maddoi
YMann Y Manning
Y Martin, J Y Martin, J.L
YMassey YMcBee
McCall McClinton
McKinney E Mills
Mobley YMosley
Mueller YO'Neal
Orrock Parham

YParrish Y Parsons YPelote Y Perry Y PinhoUter
Poag YPolak
Ponder
Porter Powell YPurcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder YScailett Y Scheid Y Scott Shanahan YShaw Sherrill YShipp Sims Y Sinkfield Y Skipper Smith, C Smith, C.W Y Smith, L

Smith, L.R Y Smith, P
Smith, T Y Smith, V
Smyre YSnelling YSnow YStaUings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper Y Thomas Y TUlman Y Titus Y Tolbert
Trense
Turnquest
YTwiggs Walker, L 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, as amended, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Sims of the 167th 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 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 Committee.

2146

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:
The Committee on Rules moves to amend HR 1164 by changing the figure "ten" to "five" on line 35, page 1.

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 Anderson
YAshe Bailey
Y Bannister
YBarfoot Barnard
YBarnes Y Bates
Benefield YBirdsong
Bohannon Y 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 Y Coleman, B
Coleman, T Connell Y Cooper Y Crawford Crews

Y Culbreth Y Cummings Y Davis, G Y Davis, M
Day DeLoach, B DeLoach, G Dix YDixon
YDobbs Y Dukes YEhrbart YEpps Y Evans Y Everett Y Felton
Floyd N Franklin
Golden Y Graves
Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht
HeckstaU Y Hegstrom
Henson Y Holland Y Holmes Y Houston
Howard Y Hudgens
Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jaxnieson
Jenkins Johnson Y Johnston Jones Joyce Kaye YLadd YLakly Lane YLee Y Lewis Lord Y Lucas Maddox YMann Y Manning Y Martin, J Y Martin, J.L
YMassey YMcBee
McCall Y McCUnton
McKinney E Mills
Mobley YMosley
Mueller Y O'Neal
Orrock YParham

Parrish Y Parsons Y Pelote Y Perry Y Pinholster
Poag YPolak
Ponder Y Porter
Powell Y Purcell
YRagas YRandall
YRay Y Reaves Y Reichert YRice Y Richardson
Roberts Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Shanahan
YShaw SherriU
YShipp YSims Y Sinkfield Y Skipper Y Smith, C
Smith, C.W
Y Smith, L

Smith, L.R Y Smith, P Y Smith, T Y Smith, V
Smyre YSneUing YSnow YStalUngs Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper Y Thomas YTillman Y Titus Y Tolbert
Trense Turnquest YTwiggs Walker, L Y Walker, R.L Y Watson YWest Y Westmorland Y Whitaker Y Wiles Williams, B Y Williams, J Y Williams, R Y Worthan N Yates Murphy, Spkr

On the adoption of the Resolution, as amended, the ayes were 123, nays 3.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

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 circumstances 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.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to expand the circumstances when the court is

WEDNESDAY, MARCH 18, 1998

2147

authorized to order counseling or counsel and advice; to correct a cross-reference; to provide for custody orders to last until the child's eighteenth birthday in certain circumstances; to provide for periodic reports; 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 Code Section 15-11-36.1, relating to court orders for counseling or counsel and advice, and inserting in its place the following:
"15-11-36.1.
When any child is before a juvenile court for the first thae and such child is found by the court to have committed a delinquent act, to be a deprived child, to be an unruly child, or to have committed a juvenile traffic offense as defined in Code Section 16-11-43 15-11-49. the court shall be authorized, in addition to any other disposition authorized by this article, to order such child and such child's parents or guardian to participate in counseling or in counsel and advice as determined by the court. Such counseling and counsel and advice may be provided by the court, court personnel, probation officers, professional counselors or social workers, psychologists, physicians, qualified volunteers, or appropriate public, private, or volunteer agencies as directed by the court and shall be designed to assist in deterring future delinquent or unruly acts, conditions of deprivation, or other conduct or conditions which would be harmful to the child or society."
SECTION 2. Said article is further amended in Code Section 15-11-41, relating to disposition orders, by redesignating subsections (j), (k), (1), (m), (n), and (o) as subsections (k), (1), (m), (n), (o), and (p), respectively, and inserting a new subsection (j) to read as follows:
"(j) If> after a judicial hearing in which the court finds that reunification is not in the best interests of the child and custody is granted to a relative, the custody order shall remain in effect until the child's eighteenth birthday unless modified following a petition for modification by a party pursuant to Code Section 15-11-42. Within 36 months of the custody order and every 36 months thereafter, a probation officer, judicial citizen review panel established by the court, or other person or agency designated by the court shall, after study or review, submit a report to the court addressing whether the relative with custody continues to be qualified to receive and care for the child. A copy of the report shall be mailed to the parents at their last known address."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien YAndereon Y Ashe Y Bailey Y Bannister YBarfoot
Barnard YBarnes Y Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford

Bieedlove Y Bridges Y Brooks
Brown Y Buck
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
Cornell Y Cooper Y Crawford
Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M
Day DeLoach, B

DeLoach, G Dix Y Dixon Y Dobbs Y Dukes Ehrhart Y Epps Y Evans Everett Y Felton Floyd Y Franklin Golden Y Graves

Greene Y Grindley Y Hammontree Y Manner Y Harbin
Heard Y Hecht
Heckstall Y Hegstrom Y Henson
Holland Y Holmes Y Houston Y Howard

2148

JOURNAL OF THE HOUSE,

YHudgens
Hudson, H
Hudson, N
Y Hugley Ylrvin Y Jackson Y James Y Jamieson
Jenkins Johnson Y Johnston
Jones Y Joyce
Kaye YLadd YLakly YLane YLee Y Lewis
Lord
Lucas Maddox

YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee
McCall McClinton McKinney E Mills
Mobley Y Mosley Y Mueller YO'Neal
Orrock Y Parham
YParrish Parsons
Y Pelote Y Perry Y Pinholster
Poag

YPolak Ponder
Y Porter PoweU
YPurceU YRagas YRandaU YRay Y Reaves Y Reichert YRice
Richardson Y Roberts
Rogers Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott
YShaw

Sherrill YShipp
Sims Y Sinkfield Y Skipper Y Smith, C
Smith, C.W Y Smith, L
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
Y Stanley, P
Y Stephens Y Taylor

Teague YTeper Y Thomas Y TUlman Y Titus N Tolbert
Trense Turnquest 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 126, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

SB 544. By Senators Ragan of the llth, Streat of the 19th, Guhl of the 45th and others:
A bill to amend Code Section 10-4-19 of the Official Code of Georgia Annotated, relating to state licensed and bonded warehouses, required warehouse receipts, and use of electronic warehouse receipts, so as to change the provisions relating to electronic warehouse receipt providers.

The following amendment was read and adopted:

Representatives Lane of the 146th and Martin of the 145th move to amend SB 544 by inserting "to provide for warehouse receipts for cotton and transfers or sales of cotton;" following "so as" on line 4 of page 1.
By striking "subsection" and inserting in its place "subsections (a) and" on line 13 of page 1, by striking "its" and inserting in its place "their" on line 14 of page 1, and by inserting between lines 14 and 15 of page 1 the following:
'"(a) Unless otherwise required by law or by rule or regulation, an original receipt shall be issued for cotton and, at the option of the warehousemen or depositor, be issued for any other agricultural products owned or stored by the warehousemen under this article. No receipt shall be issued, however, unless such products are actually stored in the warehouse at the time of the issuance of the receipt. The stored receipted agricultural product will remain the property of the depositor until it is transferred or sold by him or her. Initial receipts for cotton shall be issued in the name of the producer. Transfers or sales from the cotton producer shall be endorsed by his or her signature on forms authorized by the Commissioner.'".

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

WEDNESDAY, MARCH 18,1998

2149

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Alien YAnderaon YAshe YBailey Y Bumister YBarfoot Y Barnard YBarnes YBatw YBenefield
YBirdsong YBohannon Y Bordeaux Y Bradford YBnedlove Y Bridges Y Brooks
Y Brown YBuck
Buckn6r
YBunn Y Burkhalter YByrd Y Campbell
Y Canty YCash YChanneU YChilders Y Clark YCoan YColeman, B YColeinan,T YConnell
Y Cooper YCrawford YCrewi

YCulbreth Y CuminingB
Y Davis, G Y DaTM, M
Day YDeLoach,B YDeLoach, G YDU 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 YJenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis
Lord Y Lucas YMaddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton
McKinney Y Mills Y Mobley
YMosley YMueUer YO-Neal
Orrock YParham

YParrish Y Parsons YPelote
Y Perry YPinholster YPoag YPolak
Ponder Y Porter YPowell YPurcell
Ragas 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 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
Smith, V Y Smyre YSnelling YSnow YStallings
Stancil, F YStancil, S
Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas YTilhnan 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 Y Williams, J Y Williams, R Y Worthan YYates
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.

Representatives Tolbert of the 25th and Stancil of the 91st stated that they had been called from the floor of the House during the preceding roll call. They wished to be
recorded as voting "aye" thereon.

HR 1251. By Representatives Pelote of the 149th, Stanley of the 50th, Skipper of the 137th, DeLoach of the 119th, Walker of the 141st and others:
A resolution creating the House Ovarian Cancer Study Committee.

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

Y Alien Y Andersen
YAshe Y Bailey Y Bannister
YBarfoot Y Barnard YBarnes

Y Bates YBenefield YBirdsong
Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges

Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd
Campbell

Y Canty YCash YChanneU YChilders Y Clark YCoan Y Coleman, B Y Coleman, T

Y ConneU Y Cooper Y Crawford Y Crews
Y Culbreth Y Cummings Y Davis, G Y Davis, M

2150

JOURNAL OF THE HOUSE,

Day Y DeLoach, B YDeLoach, G YDix
Dixon Dobbs 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 YHecht YHeckstaU YHegstrom
Henson Holland Y Holmes

Y Houston Y Howard Y Hudgens
Y Hudson, H Y Hudson, N Y Hugley
Irvin
Y Jackson Y James YJamieson YJenkins
Johnson Y Johnston Y Jones
N Joyce YKaye
Ladd
YLakly YLane YLee Y Lewis
Lord Y Lucas Y 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 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 Y Richardson
Y Roberts Y Rogers
Y Royal N Sanders Y Sander YScarlett YScheid
YScott 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,? Y Smith, T
Smith, V YSmyre YSnefflng
YSnow Y Stallings

YStandlF Y Stances Y Stanley, L Y Stanley, P Y Stephen. YTaylor YTeague YTeper Y Thomas
Tillman Titus YTolbert TrenM Y Tumquest YTwiggs Y Walker, L Y Walker, R.L YWatoon YWest Westmoreland
EWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan
Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 154, nays 3. The Resolution, having received the requisite constitutional majority, was adopted.

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 Annotated, relating to standards, labeling, and adulteration of food, so as to provide 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.

The report of the Committee, which was favorable to the 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 YAahe Y Bailey Y Bannister YBarfoot N Barnard YBarnes Y Bates
Benefield
YBirdsong Y Bofa&nnon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd
Campbell

Canty YCash YChanneU YChilders Y Clark NCoan Y Coleman, B YColeman, T YConnell Y Cooper Y Crawford N Crews YCulbreth N CumminKB
Y Davis, G Y Davis, M
Day
YDeLoach, B Y DeLoach, G YDix
Dixon YDobbs Y Dukes
YEhrhart

YEpps Y Evans YEverett YFelton YFloyd N Franklin Y Golden Y Graves YGreene N Grindley Y Hammontree
Manner Y Harbin Y Heard YHecht YHeckstaU
Y Hegstrom Henson
Y Holland Holmes
Y Houston Y Howard Y Hudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin N Jackson Y James YJamieson YJenkins Y Johnson N Johnston Y Jones N Joyce YKaye YLadd YLakly YLane YLee Y Lewis
Lord Y Lucas N Maddox YMann Y Manning
Martin, J Y Martin, J.L

YMassey YMcBee YMcCall
McClinton McKinney N Mills Y Mobley YMosley Y Mueller YO'Neal YOrrock YParham YParrish Y Parsons N Pelote Y Perry Y Pinholster YPoag YPolak Ponder Y Porter YPowell YPurceU YRagas

WEDNESDAY, MARCH 18, 1998

2151

Randall Bay Y Reaves YReiehert YRice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sander YScarlett

YScheid Y Scott
Shanahan Y Shaw YSherrUl YShipp Y Sim.
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 N Stallings Y Stand], F Y Stancil, S Y Stanley, L Y Stanley, P

Y Stephens Y Taylor N Teague Y Teper N Thomas Y Tfflman Y Titus YTolbert
Trense Y Turaquest YTwiggs Y Walker, L

N Walker, R.L Y Watson N West Y Wertmoreland YWhitaker
Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan N Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 141, nays 19. The Bill, having received the requisite constitutional majority, was passed.

SB 485. By Senators Gillis of the 20th, Hugging of the 53rd, Bowen of the 13th and others:
A bill to amend Code Section 45-18-5 of the Official Code of Georgia Annotated, relating to the county officers' and employees' health plans, go as to amend certain provisions relating to election of plans; to provide for related matters; to provide an effective date.

The following amendment was read and adopted:

The Committee on Health and Ecology moves to amend SB 485 as follows: On page 2, line 1, delete the words:
"full-time chairperson of the board of commissioners" and substitute in lieu thereof the following:
"members of the county governing authority".

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 YAahe Y Bailey Y Bannister
YBarfoot Y Barnard YBaroes Y Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford YBnedlove Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn YBurkhalter YByrd Y Campbell Y Canty

Cash Y Channel! Y Childers Y Clark
Coan
Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews YCulbreth Y Cummings YDavis, G YDavis, M
Day Y DeLoach, B Y DeLoach, G YDix
Dixon YDobbs Y Dukes Y Ehrhart Y Epps Y Evans

Y Everett Y Felton Y Floyd Y Franklin Y Golden
Y Graves Y Greene Y Grindley Y Hammontree
Hanner Y Harbin Y Heard Y Hecht YHeckstaU Y Hegstrom
Henson Y Holland
Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin

Y Jackson Y James YJamieson Y Jenkins Y Johnson
YJohnston Jones
Y Joyce Y Kaye Y Ladd Y Lakly Y Lane Y Lee Y Lewis
Lord Lucas Y Maddox Y Mann Y Manning Martin, J Y Martin, J.L Y Massey Y McBee Y McCaU McClinton

McKinney N Mills Y Mobley Y Mosley Y MueUer
Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Ponder Y Porter YPowell
Pureell Y Ragas YRandall
Ray Y Reaves YReiehert YRice

2152

JOURNAL OF THE HOUSE,

Y Richardson
Y Roberta Y Rogers
Royal YSanden
Y Sander YScarlett YScheid 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,? Y Smith, T

Y Smith, V YSmyre YSnefflng YSnow YStallings Y Stencil, F Y Stendl, S Y Stanley, L Y Stanley,? Y Stephens Y Taylor

YTeague YTeper
Y Thomas Y Tillman YTitiu Y Tolbert YTrense YTurnquest YTwiggs Y Walker, L Y Walker, R.L

Wateon YWet Y Weetmoreland 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 160, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Royal of the 164th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 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 Article 8, relating to investment securities; to provide a short title and definitions; to provide rules for determining whether certain obligations and interests are securities or financial assets; to provide for acquisition of a security or financial asset or interest 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 roll call was ordered and the vote was as follows:

Y Alien Y Andenon
YAahe Y Bailey
Bannister
YBarfoot Y Barnard YBarnes Y Bates
YBenefield YBirdsong Y Bohannon
Y Bordeaux Y Bradford YBnedlove
Bridges Y Brooks Y Brown YBuck
YBuckner YBunn Y Burkhalter YByrd Y Campbell Y Canty YCash YChannell
Y Guilders Y Clark YCoan
YColeman, B YColeman,T YConnell

YCooper
Y Crawford Y Crews YCulbreth
Y Cununiugs Y Davis, G
Davis, M Day YDeLoach, B YDeLoach, G YDix Dixon
YDobbs Y Dukes
Ehrhart
YEpps Y Evans
Y Everett YFelton YFloyd Y Franklin Y Golden Y Graves YGreene
YGrindley Y Hammontree Y Manner Y Harbin Y Heard YHecht
Heckstall 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
Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis
Lord Y Lucas YMaddox 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
Parrish
Y Parsons Y Pelote Y Perry Y Pinholster
YPoag YPolak Y Ponder Y Porter YPowell YPurceU YRagas YRandall
Ray Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal YSanden Y Sauder Y Scarlett

Y Scheid Y Scott
Slumsluui YShaw YSherrill YShipp YSimt
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 Y Titus Y Tolbert YTrense

WEDNESDAY, MARCH 18, 1998

2153

YTumquMt YTwigg.
Y Walker, L

Y Walker, R.L Y Watson
Y West

Y Westmorland Y Whitaker
Y Wile.

Williams, B Y William., J
Y William., R

Y Worthan Y Yatw
Murphy, Spkr

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

Representative Bannister of the 77th stated that he had been called from the floor
of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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 effective date.

The following substitute, offered by Representatives Jenkins of the 110th and Martin of the 145th, was read and adopted:

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 repeal certain requirements for appointment to the position of trooper; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, is amended by striking in its entirety Code Section 35-2-43, relating to eligibility for appointment to or enlistment in the Uniform Division, which Code section reads as follows:
"35-2-43. (a) No person shall be eligible for appointment as an officer or trooper of the Uniform Division unless such person is a citizen of the United States, of good health and good moral character, and not less than 21 years of age at the time of appointment. (b) Applicants for appointment to the Uniform Division of the Department of Public Safety shall possess a high school education or its equivalent, shall have completed 90 quarter hours or its semester equivalent in any accredited college or university or five years' experience as a certified law enforcement officer or two years as a license examiner, radio operator, or cadet trooper in the Department of Public Safety, and shall pass a mental and physical examination based upon the rules and regulations promulgated by the commissioner of public safety, which requirements may not be changed within 12 months of any examination for employment of recruits or cadets, troopers, or officers. (c) Any person or persons who are classed as specialists or experts in any particular field in connection with police work shall be eligible for appointment or enlistment in the Uniform Division of the Department of Public Safety designated as the Georgia State Patrol without being required to meet the physical requirements required under the rules and regulations of the department. (d) The age limits provided for in subsection (a) of this Code section shall not apply to the commissioner and deputy commissioner of public safety.

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(e) In the event any person is appointed or enlists as a specialist or expert and such person at the time of his appointment or enlistment has a physical disability, such person shall not be eligible at a later date to be retired due to such disability. (f) No former member of the National Guard of this state or of any other state, of the armed forces of the United States, or of any other law enforcement agency of the United States or of the various states thereof who has been discharged with a discharge less than an honorable discharge nor any former member of the Georgia State Patrol who shall have been discharged for cause shall be eligible for appointment or reappointment to the Uniform Division of the Department of Public Safety.", and inserting in lieu thereof a new Code Section 35-2-43 to read as follows:
"35-2-43. Reserved."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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 YBaroes Y Bates
Benefield Birdsong YBohannon Bordeaux Y Bradford YBnedlove Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn Burkhalter YByrd Campbell Y Canty YCaah Y Channel! Y Childers Y Clark YCoan Y Coleman, B
Y Coleman, T ConneU
Y Cooper Y Crawfora Y Crews

Y Culbreth Y Cumnungs Y Davis, G
Davis, M Day Y DeLoach, B
YDeLoach, G YDix
Dixon YDobbs Y Dukes
Ehrhart
YEpps Y Evans
YEverett YFelton
YFloyd Y Franklin
Y Golden Y Graves
YGreene Y Grindley Y Hanunontree 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
Irvin
Y Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd
Lakly YLane
Lee Y Lewis
Lord 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 Y Mosley
Mueller
YO'Neal YOrrock
Parham

Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak
Y Ponder Y Porter Y Powell YPurcell YRagas
Randall
Ray Y Reaves Y Reichert YRice Y Richardson
Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder Y Scarlett YScheid YScott Y Shanahan YShaw YSherriU YShipp YSims
Sinkfield 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 Stancil, S Stanley, L
Y Stanley, P Y Stephens Y Taylor
YTeague YTeper
Y Thomas YTUlman Y Titus
Y Tolbert YTrense
Y Tumquest YTwiggs
Walker, L Y Walker, R.L Y Watson YWest
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 149, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

WEDNESDAY, MARCH 18, 1998

2155

Representative Kaye of the 37th moved to suspend the rules in order to bring SB 2 to the Floor to be read a third time.
On the motion, the roll call was ordered and the vote was as follows:

N Alien N Andenon NAshe
Bailey Y Bannister
NBarfoot N Barnard
Same. N Bates
Benefield Birdsong YBohannon
Bordeaux Y Bradford NBnedlore Y Bridges N Brooks Y Brown
Buck Buckner YBunn Burkhalter Byrd Campbell N Canty YCash Channel] NChildere Y Clark YCoan Coleman, B Coleman, T ConneU Cooper NCrawford Y Crews

NCulbreth CummingB
N Davit, G YDavis,M
Day NDeLoach, B YDeLoach, G
Diz Diion NDobbs N Dukes
Ehrhart NEpps YEvans YEverett
Felton NFloyd Y Franklin
N Golden Y Graves NGraene YGrindley Y Hammontree NHanner
Harbin N Heard NHecht NHeckstall NHegstrom
Henson N Holland
Holmes N Houston N Howard YHudgens
Hudson, H

Hudson, N NHugley
Irvin Jackson N James N Jamieson
Jenkins N Johnson
Y Johnston
Y Jones
Y Joyce YKaye
YLadd Lakly
NLane Lee
Y Lewis Lord
N Lucas YMaddox YMann N Manning N Martin, J Y Martin, J.L YMassey
McBee McCall N McClinton NMcKinney Y Mills N Mobley NMosley Mueller NO'Neal NOrrock Parham

Parrish Y Parsons NPelote
Perry Y Pinholster NPoag NPolak Y Ponder N Porter
Powell Purcell YRagas RandaU Ray N Reaves N Reichert YRice Y Richardson N Roberts Y Rogers N Royal Y Sanders Sauder YScarlett YScheid Y Scott N Shanahan NShaw NSherrffl YShipp NSinu N Sinkfield Skipper N Smith, C Y Smith, C.W N Smith, L

Y Smith, L.R Smith, P
N Smith, T Y Smith, V
Smyre YSneUing NSnow NStaUings N Stancil, F
Stancil, S Stanley, L N Stanley, P Y Stephens NTaylor NTeague NTeper N Thomas NTUlman N Titus YTolbert YTrense N Turnquest NTwiggs Walker, L Y Walker, R.L N Watson West Westmoreland YWhitaker Y Wiles Williams, B Y Williams, J Williams, R Y Worthan
YYates Murphy, Spkr

On the motion, the ayes were 55, nays 71. The motion was lost.

Representative West of the 101st 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 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.

The following amendment was read:

Representative Bunn of the 74th moves to amend SB 404 as follows: P. 1, line 13, line 18 P. 2, line 2, line 11 Add before the words "after-school program" the words "high school".

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JOURNAL OF THE HOUSE,

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

N Alien NAndeimn NAshe
Bailey Y Bannister NBarfoot Y Barnard NBarnes N Bates
Benefield NBirdsong YBohannon N Bordeaux N Bradford NBreedlove Y Bridge! N Brooks Y Brown NBuck
Buckner YBunn NBurkhalter YByrd Y Campbell
Canty NCaah NChanneU NChilders N Clark YCoan NColeman, B
Coleman, T Connell Y Cooper
Crawford N Crews

NCulbreth N Cununingsi
N Davis, G Y Davis, M
Day YDeLoach, B YDeLoach,G YDix
Dixon
NDobbs N Dukes YEhrhart NEpps YEvans YEverett N Felton NFloyd Y Franklin N Golden
Graves NGreene YGrindley Y Hammontree N Manner N Harbin N Heard
Hecht NHeckstall NHegstrom NHenson N Holland N Holmes N Houston N Howard YHudgens N Hudson, H

N Hudson, N NHugley Ylrvin Y Jackson N James NJamieson NJenkins N Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly NLane
Lee Y Lewis
Lord
N Lucas NMaddoi YMann N Manning
Martin, J N Martin, J.L
YMassey NMcBee
McCall N McClinton NMcKinney Y Mills
NMobley NMosley Y MueUer
O'Neal NOrrock NParham

NParrish N Parsons NPelote N Perry Y Pinholster
NPoag NPolak N Ponder N Porter NPowell NPurceU NRagas NRandall
Ray N Reaves NReichert YRice Y Richardson N Roberta N Rogers N Royal Y Sanders N Sauder NScarlett YScheid Y Scott N Shanahan NShaw NSherrill NShipp
Suns NSinkfield
N Skipper N Smith, C Y Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 50, nays 110. The amendment was lost.

N Smith, L.R N Smith, P
Smith, T Y Smith, V
NSmyre YSnelling
NSnow N Stalling* NStancil, F Y Stancil,S N Stanley, L
N Stanley, P N Stephens NTaylor NTeague NTeper N Thomas NTillman Y Titus NTolbert YTranse NTurnquest YTwiggs N Walker, L Y Walker, R.L N Watson NWest Y Westmorland NWhitaker Y Wiles N Williams, B N Williams, J N Williams, R N Worthan 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 YAnderson Y Ashe Y Bailey Y Bannister YBarfoot Y Barnard
YBarnes Y Bates Y Benefield
YBirdsong YBohannon Y Bordeaux Y Bradford YBraedlove
Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter
YByrd Y Campbell

YCnnty YCesh YChannell
YChilders Y Clark
Coan Y Coleman, B
Coleman, T Connell
Y Cooper Crawford
Y Crews YCulbreth Y Cumnunxs Y Davis, G Y Davis, M
Day YDeLoach, B YDeLoach, G YDix
Dixon YDobbs Y Dukes YEhrhart

YEpos YEvans YEverett
Y Felton YFloyd N Franklin Y Golden
Graves YGreene YGrindley Y Hammontree Y Manner Y Harbin Y Heard
Y Hecht 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 N Joyce YKaye YLadd YLakly YLsne YLee Y Lewis
Lord Y Lucas YMaddox YMann Y Manning Y Martin, J Y Martin, J.L

YMassey YMcBee
McCall Y McClinton
McKinney Y Mills Y Mobley
YMosley Y MueUer Y O'Neal
YOrrock YParham YParrish
Parsons
YPelote Y Perry Y Pinholster
YPoag YPolak Y Ponder
Y Porter YPowell YPurcell YRagas

WEDNESDAY, MARCH 18,1998

2157

YRandall YRay Y Reaves YReichert
YRice Y Richardson Y Roberta Y Rogers Y Royal N Sanders
YSauder YScarlett

Y Scheid Y Scott Y Shanahan Y Shaw
YSherrill YShipp Y Sims Y Sinkfield Y Skipper Y Smith, C
Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, f
Smith, T Y Smith, V
Y Smyre Y Snelling Y Snow Y StalUngs Y Stanci], F Y Stancil, S
Y Stanley, L Y Stanley, P

Y Stephens Y Taylor YTeague Y Teper
Y Thomas Y Tillman Y Titus Y Tolbert Y Trense Y Turnquest
Y Twiggs Y Walker, L

Y Walker, RX Y Watson Y West Y Westmoreland
Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, H Y Worthan
N Yates Murphy, Spkr

On the passage of the Bill, the ayes were 163, nays 4. The Bill, having received the requisite constitutional majority, was passed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

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 Annotated, 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.

Representative Benefield of 96th moved that the House insist on its position in substituting SB 337.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 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.

Representative Holmes of the 53rd moved that the House insist on its position in disagreeing to the Senate substitute to HB 1268 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 DeLoach of the 172nd, Hecht of the 97th and Holmes of the 53rd.

The following Bills of the House were taken up for the purpose of considering the Senate amendment or substitutes thereto:

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JOURNAL OF THE HOUSE,

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 following Senate substitute was read:

A BILL
To amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding municipal courts, so as to repeal provisions relating to misdemeanor jurisdiction of municipal courts of certain consolidated governments; to provide for related matters; to authorize any municipal court within a municipality of this state to try and dispose of certain cases in which persons are charged with solicitation of sodomy of a person 17 years of age or older, prostitution, criminal trespass, obstructing or hindering law enforcement officers, and giving false name, address, or birthdate to law enforcement officer; to provide for concurrent jurisdiction and transfer of cases; to provide for limits on penalties; to provide for retention of fines and forfeitures; to provide 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 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding municipal courts, is amended by repealing in its entirety Code Section 36-32-10.2 which reads as follows:
"36-32-10.2.
(a) Notwithstanding any other provision of law to the contrary and in addition to any other jurisdiction conferred by law, the municipal court of any government which has been created through the unification or consolidation of county and city governments is granted jurisdiction to try and dispose of any misdemeanor violation of the laws of this state punishable as set forth in Code Sections 17-10-3 and 17-10-4, provided that the following conditions are and continue to be met:
(1) The chief judge of said court must be full time and a resident of the county wherein such municipal court is located, and each judge of said court must be a member in good standing of the State Bar of Georgia and must have been such a member for a minimum of three years before becoming judge; (2) The prosecuting attorney for that court having general misdemeanor jurisdiction hi the county wherein any alleged misdemeanor violation occurs must consent to be the prosecuting attorney of such municipal court and must be authorized and made by ordinance the prosecuting attorney of such court; and (3) Provision must be made for the availability of general probation supervision, fine collection services, counseling, and other probation services for persons convicted in such court and placed on probation, as set forth in Code Section 42-8-102 or as otherwise provided by law. The jurisdiction of such municipal court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases. (b) Any defendant charged with any misdemeanor violation pursuant to this Code section at any time before trial or before the entry of a plea of guilty or nolo contendere shall be entitled on request to have the case against such defendant transferred to the court having general misdemeanor jurisdiction in the county wherein the alleged offense occurred. In addition, no such municipal court described in this Code section shall have the power to dispose of such misdemeanor cases as provided in this Code section unless the defendant shall first waive in writing a trial by jury.

WEDNESDAY, MARCH 18, 1998

2159

(c) A person convicted of any misdemeanor violation in municipal court pursuant to this Code section shall be punished as provided in the provision of law for which such person was convicted or as provided by any other applicable Code section. (d) The prosecuting attorney of a municipal court of a unified or consolidated government shall have no less authority and discretion in the prosecution of such misdemeanor violations as he or she would if the same were otherwise prosecuted in that court having general misdemeanor jurisdiction. (e) Any judge of a state court or a magistrate court of the county in which a municipal court of a unified or consolidated government is located may be authorized and made by ordinance the chief judge or any judge of said municipal court so long as he or she consents to same and fulfills the qualifications of paragraph (1) of subsection (a) of this Code section. (f) Any fines and forfeitures arising from the prosecution of cases pursuant to this Code section shall be retained by the unified or consolidated government and shall be paid into the treasury of such government. (g) It shall be the duty of the appropriate agencies of the unified or consolidated government, within the limits of which an offense under subsection (a) of this Code section occurred, to make any reports to the Georgia Crime Information Center required under Article 2 of Chapter 3 of Title 35 or as otherwise required by law.", and inserting in lieu thereof a new Code Section 36-32-10.2 to read as follows:
"36-32-10.2.
(a) Any other provision of this chapter or any other law notwithstanding, the municipal court of any municipality of this state is granted jurisdiction to try and dispose of cases in which a person is charged with any of the following offenses committed within the corporate limits of that municipality:
(1) Solicitation of sodomy, as prohibited by Code Section 16-6-15, of a person 17 years of age or older; (2) Prostitution, as prohibited by Code Section 16-6-9; (3) Criminal trespass, as prohibited by Code Section 16-7-21; (4) Obstructing or hindering law enforcement officers, as prohibited by Code Section 16-10-24; and (5) Giving false name, address, or birthdate to law enforcement officer, as prohibited by Code Section 16-10-25. The jurisdiction of such municipal court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases. (b) Any defendant charged in a municipal court with an offense listed in subsection (a) of this Code section shall be entitled, upon request, to have the case against such person transferred to the court having general misdemeanor jurisdiction in the county in which the alleged offense occurred. (c) A person convicted in a municipal court of solicitation of sodomy of a person 17 years of age or older shall be punished as provided in subsection (a) of Code Section 16-6-15. A person convicted in a municipal court for prostitution shall be punished as provided in subsection (a) of Code Section 16-6-13. A person convicted in a municipal court for criminal trespassing shall be punished as provided in subsection (d) of Code Section 16-7-21. Nothing in this Code section or in Code Section 16-6-13, 16-6-15, or 16-7-21, shall be construed to give any municipality the right to impose a fine or punishment by imprisonment in excess of the limits as set forth in the municipality's charter.
(d) Any fines and forfeitures arising from the prosecution of offenses in a municipal court of a municipality as authorized by subsection (a) of this Code section shall be retained by that municipality and shall be paid into the treasury of that municipality."

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.

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Representative Hudgens of the 24th moved that the House disagree to the Senate sub stitute to HB 1441.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien YAndenon YAshe
YBanniitet YBarfoot Y Barnard
Banuc Y Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford
Breedlovt Y Bridges Y Brooks Y Brawn YBuck
Buckner YBunn YBurkhalter YByrd Y Campbell Y Canty YCaah YChannell Y ChiMera Y Clark YCoan YColeman, B YColeman, T YConnell Y Cooper
Crawford YCram

YCulbreth Y Cununings Y Davit, G
YDavis, M Day
YDeLoach,B
YDeLoach,G YDu
Dixon Dobbi
YDuke* YEhrhart
Epps YEvam YEverett
Felton YFloyd Y Franklin Y Golden Y Grave. YGreene YGrindley
Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall
YHegatrom Henson Holland
Y Holme. YHouaton
Howard Y Hudgens YHudaon, H

Y Hudson, N YHugley Ylrvin Y Jackson Y James Y Jamieson YJenlrins Y Johnson YJohnston
Jones Y Joyce YKaye YLadd YLaldy
Lane YLee Y Lewis
Lord Y Lucas
Maddoi YMann
Y Martin, J Martin, J.L
YMassey YMcBee
McCall Y McClinton
McKinney Y Mills Y Mobley YMoaley YMueller NO-Neal YOrrock YParham

YParrish Y Parsons YPelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter YPowell
Purcell YRagas
Randall YRay Y Reaves YReichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders YSauder YScarlett YScheid Y Scott Y Shanahan YShaw
Sherrill 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 YSneUing YSnow YStallings YStancil, P Y Stancil, S
Y Stanley, L Y Stanley, P Y Stephens YTaylor YTeague YTeper Y Thomas YTUlman
Y Titus YTolbert YTrense Y Turnquest
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 YWorthan YYates
Murphy, Spkr

On the motion, the ayes were 151, nays 1. The motion prevailed.

HB 409. By Representatives Porter of the 143rd, Taylor of the 134th, O'Neal of the 75th, Hugley of the 133rd and Parham of the 122nd:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, so as to provide that driver's education shall be an authorized high school program.

The following Senate substitute was read:
A BILL
To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, so as to provide that driver's education shall be an authorized high school program; to provide for Carnegie unit curriculum credits for completion of a driver education course in a driver training school; to provide for student support teams in certain public schools; to provide for grants to public secondary schools and local school systems to support driver education courses and programs for secondary school students; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, is amended by striking subparagraph (b)(4)(A) of Code Section

WEDNESDAY, MARCH 18,1998

2161

20-2-151, relating to general and career education programs, and inserting in its place a new subparagraph (b)(4)(A) to read as follows:
"(A) It is the policy of this state that the primary purposes of the high school programs shall be to prepare students for the continuation of their education beyond high school and for entry into their chosen career fields as well as to prepare them to take their places in society as young adults. The following high school programs for grades nine, ten, 11, and 12 are authorized for purposes of funding under this article:
(i) The high school education program which includes general, vocational, and college preparatory classes and driver's education classes; (ii) The nonvocational high school laboratory program; and (iii) The vocational laboratory program."
SECTION 2. Said article is further amended by adding a new Code Section 20-2-151.2 to read as follows:
"20-2-151.2.
For the purpose of earning Carnegie unit curriculum credits at the high school level, satisfactory completion, on or after January 1, 1999, of a driver education course in a driver training school and under the instruction of a driver training instructor licensed by the department under Chapter 13 of Title 43, 'The Driver Training School License Act,' may be accepted by the State Board of Education for one-half unit of elective credit for any student."
SECTION 2A. Said article is further amended by adding new Code Sections 20-2-755.1 and 20-2-755.2 to read as follows:
"20-2-755.1.
(a) Each public school in the State of Georgia containing grade six or above shall establish a minimum of one student support team and shall establish support team procedures as required by local board of education policy and State Board of Education rule. The purpose of student support teams shall include as a minimum to meet and make recommendations to the school principal on student referrals made by teachers who wish to remove from class any student who has been documented by the teacher to exhibit behavior which is so unruly, disruptive, or abusive that it substantially interferes with the teacher's ability to communicate effectively with the students in the class or with the ability of the student's classmates to learn. (b) The State Board of Education shall establish by rule that the student support team shall convene within a reasonable tune after receiving a teacher's request for removal of a student from class for misbehavior, that the student's parent or legal guardian shall be notified and given an opportunity to attend the meeting convened by the student support team, and that it shall be the responsibility of the principal or his or her designee to convene the student support team and to notify the student's parent or legal guardian. (c) The student support team shall, as a minimum, make a temporary placement recommendation at the conclusion of the meeting which may include returning the student to the class of the referring teacher. In the instance of any temporary placement recommendation, the student support team shall continue its placement evaluation until a final recommendation is made. (d) Any student referred by a teacher for removal from class who poses a threat to the physical well-being of the teacher or students shall be immediately removed at the discretion of the principal or designee pending a meeting of the student support team. (e) If a student is removed from class by the teacher pending a meeting of the student support team or as a result of the meeting, the school shall promptly notify the student's parent or legal guardian of such removal by telephone or in writing. (f) Nothing in this Code section shall infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities

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JOURNAL OF THE HOUSE,

Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act of 1990.
20-2-755.2. (a) Each school containing grade six or above shall establish a minimum of one student support team to recommend placement of a student when a teacher recommends the removal of a student from the teacher's class. The team shall be composed of a minimum of five members which shall include the referring teacher. Other members shall be selected from potential participants identified by the State Board of Education rule establishing the requirement for student support teams. (b) The State Board of Education shall adopt such rules and regulations as necessary to carry out the intent of this Code section and shall be authorized to require the establishment of student support teams in schools containing grades kindergarten through grade five for purposes other than those required by this Code section."
SECTION 3. Said article is further amended by adding a new Code Section 20-2-257 to read as follows:
"20-2-257.
The State Board of Education shall provide public secondary schools and local school systems with grants, subject to appropriation by the General Assembly and pursuant to applications made at the discretion of such systems. The purpose of such grants shall be to support motor vehicle driver education courses and programs for secondary school students. The amount of such grants shall be reflective of the most recent counts of age 15, 16, and 17 year old secondary school students in the public schools or local school systems. The public schools or local school systems receiving such grants may expend these funds only for purposes of providing driver education courses or programs to secondary school students. Such courses or programs may be provided directly by the local school system or by contract with private driver education school licensed by Department of Public Safety. Such grants shall be supplemental to any other provision of state funds for such driver education courses or programs. The state board shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Porter of the 143rd moved that the House disagree to the Senate substitute to HB 409.
The motion prevailed.

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.

The following Senate amendment was read:

Amend HB 1161 by inserting between "as" and "to" on line 3 of page 1 the following:
"to provide an income tax credit for expenses of private driver education for minor dependent children of taxpayers;".
By inserting between lines 15 and 16 of page 1 the following:

WEDNESDAY, MARCH 18, 1998

2163

"SECTION 1.
Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, is amended by adding a new Code section immediately following Code Section 48-7-29.1, to be designated Code Section 48-7-29.2, to read as follows:
'48-7-29.2.
(a) A taxpayer shall be allowed a credit against the tax imposed by Code Section 48-7-20 in an amount equivalent to the amount expended by such taxpayer for a completed course of driver education for a dependent minor child of such taxpayer at a private driver training school licensed by the department of public safety under Chapter 13 of Title 43, "The Driver Training School License Act," except as otherwise provided by this Code section.
(b)(l) The tax credit provided by this Code section shall be allowed not more than once for each dependent minor child of a taxpayer.
(2) In no event shall the amount of the tax credit provided by this Code section exceed $50.00 per dependent minor child of a taxpayer or the taxpayer's income tax liability, whichever is less.
(c) No credit shall be allowed under this Code section with respect to any driver education expenses either deducted or subtracted by the taxpayer in arriving at Georgia taxable net income or with respect to any driver education expenses for which amounts were excluded from Georgia net taxable income.
(d) No credit shall be allowed under this Code section unless the taxpayer submits with the claim for such credit written proof of the successful completion of the course of driver education by the dependent minor child and the amount expended by the taxpayer for such course.
(e) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section.'"
By striking lines 16 through 22 of page 1 and inserting in their place the following:
"SECTION 2.
Said article is further amended by adding a new Code section immediately following Code Section 48-7-40.14, relating to calculation of new full-time jobs, to be designated Code Section 48-7-40.15, to read as follows:".
By striking lines 11 through 16 of page 4 and inserting in their place the following:
"SECTION 3.
(a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 1998.
(b) Section 1 of this Act shall become effective on January 1, 1999, and shall be applicable to all taxable years beginning on or after January 1, 1999.
SECTION 4."

Representative Jamieson of the 22nd moved that the House disagree to the Senate amendment to HB 1161.
On the motion, the roll call was ordered and the vote was as follows:

2164

JOURNAL OF THE HOUSE,

Y Alien YAndersor. YAshe YBaUey YBannister YBufoot Y Barnard YBarnes Y Bates
Benefield Birdsong Y Bohannon Y Bordeaux Y Bradford YBreedlove N Bridget Y Brooks Y Brown Buck
Buckner NBunn
YBurkhalter Y Byrd Y Campbell Y Canty YCash
ChanneU YChildera Y Clark NCoan YColenwn, B YColeman, T
Connell Y Cooper
Crawford Crews

Y Culbreth Y Cununings Y Davis, G NDavis, M
Day YDeLoach, B YDeLoach, G YDix YDizon YDobbs Y Dukes
Ehrhart Epps Y Evans YEverett YFelton YFloyd N Franklin Y Golden Y Graves YGreene YGrindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHockstall YHegstrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin Y Jackson
Y Janus YJamieson YJenkins Y Johnson N Johnston
Jones N Joyce NKaye NLadd NLakly YLane
YLee N Lewis
Lord Y Lucas
Maddoz
NMann Y Manning Y Martin, J Y Martin, J.L NMassey
McBee YMcCall
Y McClinton Y McKinney N Mills YMobley YMosley Y Mueller YO'Neal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry YPinholstet
YPoag YPolak Y Ponder Y Porter YPowell YPurcell
YRagas YRandall YRay Y Reaves YReichert NRice Y Richardson
Roberts Y Rogers Y Royal N Sanders YSauder YScarlett YScheid Y Scott YShanahan YShaw YSherrill YShipp YSims
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

On the motion, the ayes were 141, nays 18. The motion prevailed.

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V
Smyre YSnelling YSnow YStallings Y Stancil, F Y Stances
Y Stanley, L Y Stanley, P Y Stephens YTaylor
Teague YTeper Y Thomas YTillman Y Titus YTolbert YTrense Y Tumquest YTwiggs Y Walker, L N Walker, RL Y Watson
West Y Westmorland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan
NYates Murphy, Spkr

HB 274. By Representative Childers of the 13th:
A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to change the provisions relating to immunity from liability for certain good faith actions.

The following Senate substitute was read:

A BILL
To amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to provide for agreements to grant licenses to persons licensed in other states; to change the provisions relating to investigations and the practices and procedures connected therewith; to provide for notices and records; to provide that certain records shall not be subject to subpoena and shall not be released except under certain circumstances; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, is amended by striking Code Section 43-39-10, relating to granting licenses to persons licensed in other states, and inserting in its place the following:
"43-39-10.

WEDNESDAY, MARCH 18, 1998

2165

(a) The board may grant a license to any person who at the time of application is licensed by a similar board of another state whose standards, in the opinion of the board, are not lower than those required by this chapter. The board may require the applicant to pass such written and oral examinations as the board may deem necessary. (b) The board may also, in its discretion, enter into an agreement with any similar board of any other state, directly or through an association, to the effect that each party to such an agreement, under the conditions therein stipulated, will grant licenses to psychologists on the basis of a license having been granted by any other party to the agreement"
SECTION 2. Said chapter is further amended by adding at the end of Code Section 43-39-13, relating to denial, revocation, or suspension of licenses to practice psychology, a new subsection (d) to read as follows:
"(d)(l) Notwithstanding the provisions of paragraph (2) of subsection (h) of Code Section 43-1-19, if a psychologist is the subject of a board investigation initiated as the result of a complaint or report to the board, a copy of the complaint or report shall be furnished to the psychologist as soon as practicable after the investigation is initiated but in any event prior to the delivery of a subpoena for the production of documents. If a psychologist is the subject of an investigation initiated by the board on its own initiative, a written statement of the acts or omissions being investigated shall be furnished to the psychologist as soon as practicable after the investigation is initiated but in any event prior to the delivery of a subpoena for the production of documents. The board may defer providing the psychologist with a copy of the complaint, report, or written statement if the board determines that the nature of the investigation requires that its existence not be disclosed. (2) When an investigation is completed and the board has determined that no action shall be initiated against the psychologist, the board shall, within 30 days of the closure of the investigative file, advise the psychologist in writing that the matter is closed and that no further proceedings are pending before the board. The documents furnished to the psychologist by the board as required by this Code section shall not be subject to subpoena and shall not be released except upon request of the licensee."
SECTION 3. This Act shall become effective on July 1, 1998, and shall apply to all investigations initiated on or after July 1, 1998.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Barnes of the 33rd moved that the House disagree to the Senate substitute to HB 274.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 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.

Representative Channell of the lllth moved that the House insist on its position in disagreeing to the Senate substitute to HB 1394 and that a Committee of Conference be

2166

JOURNAL OF THE HOUSE,

appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Lane of the 146th, Rogers of the 20th and Channell of the lllth.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

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 Senate 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 certain alternative tax credits for increasing exports from Georgia businesses in conjunction with the addition of jobs or qualified investment property; to provide for conditions, limitations, and procedures; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to 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 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 containers, 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. (2) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, tourism, and research and development industries but shall not include retail businesses. (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 equivalent units (TEU's), or dollar value of product transported by way of a waterborne ship or vehicle through a port facility.

WEDNESDAY, MARCH 18, 1998

2167

(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 existing manufacturing or telecommunications facility located in this state, including, but not limited to, moneys expended on land acquisition, improvements, buildings, building 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 property 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 a 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 limitations set forth in Code Section 48-7-40 and shall be in lieu of and not in addition to the credit
allowed under Code Section 48-7-40; provided, however, such credit shall not be allowed during a year if the port traffic does not remain above the minimum level established in this Code section.
(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, 48-7-40.4, 48-7-40.7, 48-7-40.8, or 48-7-40.9 upon qualified investment property added at any time between January 1, 1998, and July 1, 2002, there shall be allowed a credit
against the tax imposed under this article in an amount equal to the applicable percentage amount otherwise allowed under Code Section 48-7-40.2 or 48-7-40.7 to business enterprises for the cost of such property. 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 or 48-7-40.7, as applicable, except that such property may be placed in service in any county without regard to its tier designation. Such credit shall also be in lieu of
and not in addition to the credit authorized under Code Sections 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.7, 48-7-40.8, and 48-7-40.9.
(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 no sooner than January 1, 1998, and has purchased or acquired qualified investment property having an aggregate cost in excess of $20 million no sooner than January 1, 1998.
(e) The credit granted under this Code section shall be subject to the following conditions 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 Sections 48-7-40 and 48-7-40.2 or 48-7-40.7:
(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 information which demonstrates an increase in port traffic in excess of the minimum
amount required to claim the tax credit under this Code section;

2168

JOURNAL OF THE HOUSE,

(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) (A) 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 the qualified jobs were established, provided that the increase in port traffic remains above the minimum levels established in Code Section 48-7-40 and this Code section, respectively. (B) Any tax credit claimed under subsection (c) of this Code section in lieu of Code Section 48-7-40.2, 48-7-40.3, or 48-7-40.4 but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified investment property was acquired, 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) (A) Any tax credit claimed under subsection (c) of this Code section in lieu of Code Section 48-7-40.7, 48-7-40.8, or 48-7-40.9 shall be allowed for the ensuing ten taxable years following the taxable year the qualified investment property was first placed in service, 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. (B) The tax credit established by this Code section in lieu of Code Section 48-7-40.2, 48-7-40.3, or 48-7-40.4 and taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. (C) 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 151st, Buck of the 135th, Jamieson of the 22nd and Royal of the 164th move to amend the Senate substitute to HB 1667 by striking lines 18 through 29 of page 1 and inserting in its place the following:
"(1) 'Base year port traffic' means the total amount of net tons, containers, or twentyfoot equivalent units (TEU's), 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 containers, or ten twenty-foot equivalent units (TEU's), then 'base year port traffic' means 75 net tons, five containers, or ten twenty-foot equivalent units (TEU's)."
By striking lines 8 through 11 of page 2 and inserting in their place the following:
"(4) 'Port traffic' means the total amount of net tons, containers, or twenty-foot equivalent units (TEU's) of product transported by way of a waterborne ship or vehicle through a port facility."

WEDNESDAY, MARCH 18, 1998

2169

By striking line 33 of page 2 through line 7 of page 3 and inserting in its place the following:
"(b)(l) 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 a credit against the tax imposed under this article as follows:
(A) Business enterprises in counties designated by the commissioner of community affairs as tier 1 counties shall be allowed a job tax credit for taxes imposed under this article equal to $3,500.00 annually;
(B) Business enterprises in counties designated by the commissioner of community affairs as tier 2 counties shall be allowed a job tax credit for taxes imposed under this article equal to $3,000.00 annually; and
(C) Business enterprises in counties designated by the commissioner of community affairs as tier 3 counties shall be allowed a job tax credit for taxes imposed under this article equal to $2,500.00.
(2) The tax credit described hi this subsection shall be allowed subject to the conditions and limitations set forth in Code Section 48-7-40 and shall be in lieu of and not in addition to the credit allowed under Code Section 48-7-40; provided, however, such credit shall not be allowed during a year if the port traffic does not remain above the minimum level established in this Code section."
By inserting "48-7-40," between "Section" and "48-7-40.2," on line 6 of page 5.

Representative Bordeaux of the 151st moved that the House agree to the Senate substitute, as amended by the House, to HB 1667.
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
Birdaong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridge! Y Brooks Y Brown YBuck
Buckner YBunn Y Burkhalter YByrd
Campbell
Y Canty YCash
Channell YChUden Y Clark
Coan YColeman, B
Coleman, T Connell

Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Daws, G Y DaTM, M
Day Y DeLoach, B
YDeLoach, G YDix YDixon
Dobbs
Dukes YEhrhart
Epps Y Evans Y Everett Y Pelton YPloyd Y Franklin Y Golden Y Graves
Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall YHegstrom YHenson

Holland Y Holmes
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 Jones
Y Joyce YKaye YLadd
Lakly YLane YLee Y Lewis
Lord Y Lucas
Maddoz Y Mann Y Manning Y Martin, J Y Martin, J.L
YMaseey YMcBee
McCall

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 Y Powell
YPurcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson
Roberta Y Rogers Y Royal
Y Sanders Y Sauder
Y Scarlett

Y Scheid Scott
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 Y Stalling
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

2170

JOURNAL OF THE HOUSE,

Y Turnquest
Twiggs Y Walker, L

Y Walker, R.L Y Watson
YWest

Y Westmorland YWhitaker Y Wiles

Y Williams, B Y Williams, J
Y Williams, R

Worthan YYates
Murphy, Spkr

On the motion, the ayes were 152, nays 0. The motion prevailed.

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 amending the same:

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.
Representative Benefield of the 96th moved that the House recede from its position in insisting on amending SR 559.
On the motion, the roll call was ordered and the vote was as follows:

Alien YAnderson NAshe Y Bailey N Bannister YBarfoot N Barnard YBarnes N Bates Y Benefield
YBirdsong N Bohannon
Bordeaux N Bradford N Breedlove N Bridges
N Brooks N Brown
Buck Buckner NBunn NBurkhalter
NByid N Campbell
N Canty NCash Y Channell
N Chiiders N Clark NCoan N Coleman, B
Coleman, T Connell
N Cooper Crawford
N Crews

N Culbreth Y Cummings Y Davis, G
N Davis, M Day
NDeLoach, B N DeLoach, G NDii YDixon
NDobbs Y Dukes NEhrhart YBpps N Evans
NEverett N Felton YFloyd N Franklin N Golden N Graves YGreene N Grindley N Hammontree YHanner N Harbin Y Heard YHecht YHeckstall
Hegstrom NHenson
Y Holland Y Holmes
Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N
N Hugley NIrvin N Jackson
James Y Jamieson NJenkins
Johnson N Johnston N Jones N Joyce NKaye NLadd NLakly
YLane YLee N Lewis
Lord Y Lucas YMaddoi NMann N Manning Y Martin, J N Martin, J.L
NMassey NMcBee
McCall McClinton
Y McKinney N Mills N Mobley
Mosley N Mueller NO'Neal NOrrock YParham

On the motion, the ayes were 53, nays 104. The motion was lost.

YParrish N Parsons N Pelote N Perry
N Pinholster NPoag NPolak N Ponder Y Porter
Powell YPurcell NRagas
Randall Ray Y Reaves YReichert NRice N Richardson
Y Roberts Y Rogers Y Royal N Sanders
N Sauder N Scarlett NScheid N Scott N Shanahan YShaw YSherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W
Smith, L

N Smith, L.R N Smith, P
N Smith, T N Smith, V
Smyre NSnelling YSnow YStallings Y Stancil, F N Stancil, S N Stanley, L Y Stanley, P N Stephens N Taylor NTeague NTeper N Thomas
NTillman N Titus NTolbert
NTrense Turnquest Twiggs
Y Walker, L N Walker, R.L
N Watson N West N Westmoreland
NWhi taker N Wiles N Williams, B N Williams, J N Williams, R N Worthan NYates
Murphy, Spkr

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

WEDNESDAY, MARCH 18, 1998

2171

Mr. Speaker:

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

HB 1410.

By Representative Barnes of the 33rd:
A bill to amend Chapter 35 of Title 31 of the Official Code of Georgia Annotated, relating to vaccinations for firelighters, emergency medical technicians, and public safety officers, so as to add provisions relating to hepatitis C. protection.

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

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

HB 1304.

By Representative Hudgens of the 24th:
A bill to amend Code Section 32-6-75 of the Official Code of Georgia Annotated, 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 provisions relating to signage near a public park, public playground, public recreation area, public forest, scenic area, or cemetery.

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 passenger motor vehicle in an open manner and fully exposed to view or in the glove compartment, console, or similar compartment of the vehicle.

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

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 Bills of the House were taken up for the purpose of considering the Senate amendments or substitute thereto:

2172

JOURNAL OF THE HOUSE,

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 provisions relating to transfer of license plates and revalidation decals.

The following Senate 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 of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to operation of unregistered vehicles or vehicles without current license plates, revalidation or county decals, storage of unlicensed vehicles, jurisdiction, and disposition of fines; to change certain provisions relating to registration and license requirements and penalties; to change certain provisions relating to registration periods; to change certain provisions relating to commemorative license plates; to change the definition of dealer; 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 relating to license plate commemorating 1996 Olympic Games; to change certain provisions relating to license plates promoting United States Disabled Athletes Fund; to change certain provisions relating to license plates promoting the Nongame-Endangered Wildlife Program of the Department of Natural Resources; to define certain terms; to provide for enrollment, registration, and licensing of fleets of motor vehicles under certain conditions; to change certain provisions relating to consular corps license plates; to change certain provisions relating to special license plates, legislative findings, rules and regulations, and fees; 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 provisions 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 Harbor; to change certain provisions relating to special and distinctive license plates for veterans; to provide for special license plates honoring United States armed forces veterans of the Chosin Reservoir Campaign of 1950 in North Korea; to provide for special license plates commemorating certain veterans who served in the Eighth Air Force; 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 requirement 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

WEDNESDAY, MARCH 18, 1998

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removal of license plates; to change certain provisions relating to salvage or rebuilt motor vehicles, inspections, fees, exemption of motorcycles, and glider kits; to provide that certain driver education vehicles shall not be required to obtain a certificate of title; 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 enforcement 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 change certain provisions regarding the return of motor vehicles for ad valorem taxation and payment of such taxes; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 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; Meter Vehicle Division ef- the DeportHansedn"t ef- Revenue, or office or agency responsible for the filing or recording of liensr]

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 pursuant 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 perfected in accordance with Chapter 3 of Title 40 prior to perfection of the child support 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)(l) Any vehicle operated in the State of Georgia which is required to be registered and which does not have attached to the rear thereof a numbered license plate and current revalidation decal affixed to a corner or corners of the license plate as designated by the commissioner, if required, shall be stored at the owner's risk and expense by any law enforcement officer of the State of Georgia.

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(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 vehicle 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 registration; 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 registration of such vehicle, but that the license plate or revalidation decal has not been delivered to such owner, then the owner shall not be subject to the above penalties."
SECTION 4. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 40-2-20, relating to 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, 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 registration 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 or leased motor vehicle; or a court ordered sale or other
subsequently recovered by the insurance company after payment ef a total less elmnt; the lienholder er lessor, or the transferor; the salvage dealer; er inaurcr, respectively, shall not be required to provide the certificate of registration for such vehicle; but each a person er entity ether than a teaser shall, prior to the sale of such vehicle, surrender the license plate of such vehicle to the commissioner or the county tag agent by personal delivery or by certified mail for cancellation."
SECTION 4A. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 40-2-21, relating to registration periods, and inserting in lieu thereof the following:
"(1) 'Registration period' means:

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(A) In all counties except those for which a local Act has been enacted pursuant to this Code section:
(i) For natural persons, the 30 day period ending at midnight on the birthday of the owner whose surname appears first on the certificate of title or other record of ownership; or (ii) For entities other than natural persons:
(I) The month of January for the owner whose name begins with the letter A or B;
(II) The month of February for the owner whose name begins with the letter CorD; (III) The month of March for the owner whose name begins with the letter E orF; (IV) The month of April for the owner whose name begins with the letter G orH; (V) The month of May for the owner whose name begins with the letter I or J; (VI) The month of June for the owner whose name begins with the letter K or L; (VII) The month of July for the owner whose name begins with the letter M orN; (VIII) The month of August for the owner whose name begins with the letter OorP; (DC) The month of September for the owner whose name begins with the letter Qor R; (X) The month of October for the owner whose name begins with the letter S orT; (XI) The month of November for the owner whose name begins with the letter U, V, or W; and (XII) The month of December for the owner whose name begins with the letter X, Y, or Z; or (iii) The provisions of divisions (i) and (ii) of this subparagraph notwithstanding, December 1 through February 15 for vehicles in excess of 26,000 pounds which are owned by natural persons or entities other than natural persons; or (B) In those counties which are authorized by a local Act enacted pursuant to this Code section to have a four-month staggered registration period: (i) For natural persons: (I) The month of January for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of January, February, or March; (II) The month of February for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of April, May, or June; (III) The month of March for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of July, August, or September; and (IV) The month of April for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of October, November, or December; or
(ii) For entities other than natural persons:
(I) The month of January for the owner whose name begins with the letter A, B, C, or D;
(II) The month of February for the owner whose name begins with the letter E, F, G, H, I, J, or K;
(III) The month of March for the owner whose name begins with the letter L, M, N, O, P, Q, or R; and
(IV) The month of April for the owner whose name begins with the letter S, T, U, V, W, X, Y, or Z; or

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(iii) The provisions of divisions (i) and (ii) of this subparagraph notwithstanding, December 1 through February 15 for vehicles in excess of 26,000 pounds which are owned by natural persons or entities other than natural persons; or (C)(i) In those counties which are authorized by a local Act enacted pursuant to this Code section not to have staggered registration periods, January 1 through April 30. (ii) The provisions of division (i) of this subparagraph notwithstanding, December 1 through February 15 for vehicles in excess of 26,000 pounds which are owned by natural persons or entities other than natural persons. For purposes of determining the registration period of an owner which is an entity other than a natural person in subparagraphs (A) and (B) of this paragraph, the owner shall be deemed to be the owner whose name appears first on the certificate of title or other record of ownership. Any other provision of this paragraph notwithstanding, registration of vehicles under the International Registration Plan shall be as provided by Code Section 40-2-88t and registration of vehicles under the fleet registration plan shall be as provided by Article 2A of this chapter."
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 complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of aet mere than $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 commissioner 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 paragraph (1) of subsection (a) of Code Section 40-2-39, relating to registration and licensing of new motor vehicle dealers, and inserting in lieu thereof the following:
"(1) 'Dealer' means any person engaged in the business of selling or leasing or offering to sell or lease new motor vehicles and who is licensed or otherwise authorized to utilize trademarks or service marks associated with one or more makes of motor vehicles in connection with such sales or leases. The term 'dealer' shall not mean any person engaged solely in the business of selling used motor vehicles and shall not mean any person engaged in the solicitation, advertising, or financing of the sale of new motor vehicles and shall not mean any person engaged solely in activities as a manufacturer or distributor of new motor vehicles."
SECTION 7. 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 new subsections (b) and (c) to read as follows:
"(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 subsequently acquired by the same persen pea following that person's transfer 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 pe transfer ef- a vehicle a pe*se acquires a- such acquired vehicle is of a different class than the vehicle no longer owned or operated by

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he or she shall submit the license plate currently issued to him or her for ation 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 shall may be transferred only ekmfig 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. (c) The commissioner shall provide appropriate procedures whereby, when the registered 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."
SECTION 8. 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 certificate, 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 any 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 application and a fee of $1.00, shall provide the duplicate registration certificate."
SECTION 0. 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 10. 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. (a) The ity ef Atlanta and the State ef Georgia having een selected by the Interim tientd Olympic Committee te heat the 1996 Olympic Oamea; there ghaB fee issued begin nmg m mvz special license plates to commemorate tne Holding ei tne *
(b) The commiaaienef shall prepare special distinctive license plates ef a design appre-
county name deeal be affixed and displayed an license plates issued- tinder this edc see-
(c) In calendar yeaw 1991 through 1006, my meter vehicle owner whe is resident ef Georgia, pen complying with the meter vehicle lews relating te registration and Heens-
ipou.Uv ttt Addition to TRG rcjftHftr nftotof VGDICIC wj^istpouon ICO; sncm "oc issued SUCH special license plate: Notwithatanding any contrary provisions ef ed Section 40-2-31,
spccicu nCGD8 pifttcs flidy i9G used untii ucccmDCF oi t xyytej cmd unui stwn

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ft8 DUG OwRer iB FeO_lHFed vO FpfejflScCl? vAC VenlCie m i\Kt i J AAd FeVAlldAtlOA deCtnS SAAlx}
ypen payment elan annual renewal lee of net mere titan $26.00 in addition te -aH ether
IOCS fefJUWed Dy AW| WA1CA *ee SAAlx De COllCCted Dy TAG COUAiy tA AeAt AT* tAC cHBe*

xWw) ts provided ift suDscctioii \dj ^* oooie OCOCIOA 4u"SBoi *EA cAieAuAT yews J.mi through 1006 such apceinl license plates may be transferred between vehicles aa provided in ede Seetiea 40-8-8&
toe lorejoiAg provisions or uus oode seciioAj IAIS oodc SOCIIOA shall net be implemented until scwh- time as the State el Georgia has? through a lieena-
ftein 01? otAerwjsej received SUCA iicGAses of otner PCFIRISSIOAS AS ttfty DC required le the tise el the Olympic tege n tieense plates -e* -as may othefwiac be nccea sary v appropriate to implement this de section. 3%e commiastenef is authoriacd, en
tieenaing agreement shait be approved by the Fiaeat Affaifa Subcommittees el the Senate and the House el Representatives before being executed by the commiaaienerr Fer the purpose el concluding aueh an agreement, the commisMenet may charge fees; mahe^eymenta; take ether actions, end agree te er impeae terms and conditiona, which might normally be envisioned in licensing and croaa-liccnaing agreements ten the we el designs and similar intellectual property. Without limitation, the commissioner may agree te Allow to otAefs uAe exclusive OP AOAexciusive use OT me design of cAe coAuSaeBftoroWvc
IACIUCIIA^ pfoniotiOAfli use uAd nifty n^rcc to coiiccr MITOUJJA IOCBT ui agents and remit te the licensor el the Olympic lege er ether designs any lee er royalty txie iiccAftop iBfty cAAf^e to vne license piAtc puFcAAsep IOP SUCA use< A AC desr^i^ or IAC commemorative license pfette; excepting enfy the Olympic tege and any other part ef tite design owned by ethers and liccnacd te tite state, shaft be- owned- solely by tite- State- el Georgia ler its exclusive use and control, except as authorized by the commissioner; The COUUBISSIQIMHF fl&ttV1 tAKe SUCA steps Aft fl&Ay DC AcccssAfy co jive Aouce Or AAd proicci aueh right; including tite copyright. However, acwh steps shall be cumulative el the own ersatp and oaclusivc se and control established by this subsection as a matter el law and e person shall reproduce er otherwise ttae aueh design, except as authorized by tite commissioner. Reserved."
SECTION 11. 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) JJpeft transfer el tite ownership el a private passenger vehicle ttpen which there is a special license plate issued tinder this Code section, such plate shaH be removed and v&e AUuAoritiy to use uie piQte SAAII uiereDy De cAAceied* providedt AOwever? tnui mxcr
vehicle, tite The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80."
SECTION 12. 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:
"(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 Wildlife 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."

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SECTION 12A. Said title is further amended by adding a new Article 2A to read as follows:
"ARTICLE 2A
40-2-50.
(a) As used in this article, the term: (1) 'Fleet' means 1,000 or more motor vehicles; and (2) 'Fleet registration plan' means the method of registering the motor vehicles of a fleet as provided in this article.
40-2-51.
(a)(l) A corporation or firm which has an established place of business in this state or which is controlled by a parent corporation which has an established place of business in this state and which owns or operates under a lease agreement a fleet which is not required to be registered under the International Registration Plan in accordance with Article 3A of this chapter may enroll in the fleet registration plan and register and obtain licenses to operate the motor vehicles in such fleet as provided in this article. (2) The provisions of this article for fleet enrollment, registration, and licensing shall not apply to any corporation or firm which leases or rents motor vehicles to other persons for use thereby. (b)(l) Applications for enrollment of a fleet under the fleet registration plan may be submitted to the department in the form and manner prescribed thereby during the period of December 1 of the prior registration year to February 15 of the year for which the license plates are to be issued. Motor vehicles of a fleet shall be enrolled separately by classes and by counties where the vehicles are to be registered.
(2) (A) An applicant for enrollment of a fleet under the fleet registration plan shall pay a fleet enrollment fee of $200.00 for initial enrollment of the fleet. (B) If the applicant for enrollment of a fleet or the parent corporation or firm thereof has not had an established place of business in this state for a period of ten consecutive years or more, the applicant shall post a $25,000.00 surety bond at the time of applying for enrollment. (3) If the department determines that the applicant is eligible for fleet registration and proper application has been made, the department shall enroll the fleet, indicate the amount of license fees due for the fleet, validate the enrollment form or forms for the applicable county or counties, and mail the validated original enrollment form or forms with fees indicated to the applicant. Such enrollment shall be valid for a period which is concurrent with that period for which regular license plates are issued for use under Code Section 40-2-31. Thereafter, the department shall, prior to December 1 of each year of the enrollment period, mail the enrollee a statement of the amount of license fees due and payable during the forthcoming registration period for such fleet.
40-2-52.
(a) After receipt of a validated fleet enrollment form, the owner or operator of the enrolled fleet shall register and obtain licenses to operate the motor vehicles thereof during the period of December 1 of the prior registration year to February 15 of the year for which the license plates are to be issued. (b) An applicant for registration of a vehicle of an enrolled fleet shall submit a validated original fleet enrollment form to the county tag agent in each county in which vehicles enrolled under the fleet registration plan are to be registered. (c) The provisions of Article 2 of this chapter for registering and licensing motor vehicles generally which are not inconsistent with the provisions of this article shall apply to the registration and licensing of each vehicle of an enrolled fleet.
40-2-53.
(a)(l) Upon submission by the applicant of a validated original fleet enrollment form and compliance with all applicable requirements for registration and licensing of

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motor vehicles, the county tag agent shall issue to the applicant a fleet motor vehicle license plate for each vehicle of the fleet to be registered and licensed in such county. (2) The county tag agent shall mark the validated original fleet enrollment form as 'taxes paid' or 'tax exempt,' as applicable, and return such form to the registrant. (3) The registrant shall submit to the department the validated original fleet enrollment form which has been marked as provided in paragraph (2) of this subsection. (b) Fleet motor vehicle license plates shall be similar in design to and issued for the same period as regular license plates issued under Code Section 40-2-31, except that such fleet motor vehicle license plates shall contain such words or symbols, in addition to the numbers and letters otherwise prescribed by law, so as to distinctively identify the motor vehicles on which they are placed as fleet motor vehicles. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section. (c)(l) License plates issued under this Code section shall be renewed annually with a generic fleet revalidation decal. (2) The bond required under subsection (b) of Code Section 40-2-51 shall be required at the time of any renewal of such license plates if at the time of such renewal the registrant or the parent corporation or firm thereof has not had an established place of business in this state for a period of ten consecutive years or more, (d) License plates issued under this Code section shall be transferred between vehicles in the same manner as provided by Code Section 40-2-80 for special license plates issued under Article 3 of this chapter.
40-2-54.
(a) If a fleet registrant or the parent corporation or firm thereof has not had an established place of business in this state for a period of ten consecutive years or more, the department or its designated agent shall annually conduct an audit of such fleet registrant to ensure compliance with the requirements of this article which may include, without limitation, examination of records of all vehicles in a fleet, additions to or deletions from a fleet since the most recent such audit, and proof of proper payment of or exemption from ad valorem taxes on fleet vehicles. The fleet registrant shall bear the cost of or reimburse the department for the expenses of any audit required by this subsection. (b) The department or its designated agent may perform an audit of any fleet registrant to ensure compliance with the requirements of this article which may include, without limitation, examination of records of all vehicles in a fleet, additions to or deletions from a fleet since the most recent such audit, and proof of proper payment of or exemption from ad valorem taxes on fleet vehicles.
40-2-55.
An enrollment of a fleet in the fleet registration plan shall be terminated by the department in the event:
(1) The department determines on the basis of an audit that fees for registration and licensing are not paid as required for 20 percent or more of the vehicles in any class of vehicles in the fleet or of those vehicles of the fleet registered in a county; (2) The department determines on the basis of an audit that fees for registration and licensing are not paid as required for 5 percent or more of the total vehicles in the fleet; (3) Of the conviction of the fleet registrant for any unlawful use of any license plate issued for a fleet vehicle; (4) Of the failure of the fleet registrant to pay ad valorem taxes as required for any fleet vehicle; (5) Of the failure of the fleet registrant to pay enrollment fees as required; or (6) Of the forfeiture of the surety bond required under Code Section 40-2-52 or 40-2-53."
SECTION 12B. Said title is further amended by striking "1,000" in subsection (b) of Code Section 40-2-60.1, relating to special license plates, legislative findings, rules and regulations, and fees, and inserting "500" in lieu thereof.

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SECTION 13. 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) Meter vehicle owners whe ere honorary Honorary consuls, upon complying application and compliance with the state motor vehicle laws relating te relative to the registration and licensing of motor vehicles, shall be issued two honorary consular corps license
OlifOlCtlS WI1O AF6 CltlZGBS f)r t
seh plates feee ef charge payment of the regular license fees for license plates as provided bjr 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 commiaaiener may begin issuing consular eerp 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 14. 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 following:
"(a) Motor vehicle owners who have been awarded the Medal of Honor and who are residents of this state, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, shall be issued two distinctive personalized license plates free of charge. Such license plates shall be fastened to both the front and the rear of the vehicle. Such license plates shall be transferred to another vehicle aubacqucntly acquired by the Medal ef Hener recipient as provided in Code Section 40-2-80."
SECTION 15. 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 aubacqucntly acquired by such veteran or jointly by such veteran and his or her spouse as provided in Code Section 40-2-80. Such veteran shall be entitled to such plate regardless of whether he or she is suffering from a service connected or nonservice connected disability. Such veteran must apply for such license plate and, upon compliance with the state motor vehicle laws for licensing of motor vehicles and payment of the regular license fee for plates as prescribed under Chapter 10 of Title 48, such veteran shall be issued similar license plates as prescribed in Code Section 40-2-71 for private passenger cars. There shall be no charge for the additional plate issued such veteran under this Code section. If a veteran has not been certified as disabled by the United States Department of Veterans Affairs, such veteran may submit to the Department of Veterans Service such veteran's discharge papers and a certified statement from a physician, licensed under Chapter 34 of Title 43, certifying that in the

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opinion of such physician such veteran is disabled to a degree enumerated in Code Section 40-2-69. If the certificate from the physician indicates the qualifying disabilities which meet the standards of the United States Department of Veterans Affairs, the commissioner of veterans service shall submit a letter to the Department of Revenue indicating that the veteran meets the requirements of this Code section and qualifies for a special license plate as provided in this Code section."
SECTION 16. Said title is further amended by striking subsection (b) of Code Section 40-2-71, relating to design of disabled veterans plates and restrictions on issuance and transfer, and inserting in lieu thereof the following:
"(b) Such license plates so issued shall be transferred to another vehicle aubacqucntly acquired by seh disabled veteran as provided in Code Section 40-2-80."
SECTION 17. 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 following:
"(b) Owners of motor vehicles who are veterans of the armed forces of the United States, who have been prisoners of war, who were discharged under honorable conditions, and who are residents of this state, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, shall be issued one distinctive personalized license plate free of charge and, upon the payment of the appropriate taxes 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 18. 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 following:
"(e) The commissioner may begin issuing disabled persons' license plates with the year 1976. Any license plate issued pursuant to the provisions of this Code section shall be transferred to another vehicle subsequently acquired by sueh person as provided in Code Section 40-2-80."
SECTION 19. 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 following:
"(c) The commissioner shall make such rules and regulations as necessary to ascertain compliance with all state license laws relating to use and operation of a private passenger vehicle before issuing these plates in lieu of the regular Georgia license plate. Such plates shall be transferred to another vehicle subsequently acquired fey stick person as provided in Code Section 40-2-80."
SECTION 20. 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 hi 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 vehicle. If the alternative fuel used by a vehicle is electricity, including without limitation electricity from solar energy, the applicant shall submit a $6&69 $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."

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"(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 $6&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&Q6 $26.00 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 21. Said title is further amended by striking 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:
"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 W 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, a serial number distinctive numbers or letters or a combination thereof, and other distinctive markings as in the judgment of the commissioner will to the best advantage advertise, popularize, and otherwise promote the state. 5%e semi numbers shall commence wife fee Btmtbef aae and continue m 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 passenger car, truck weighing less than 14,000 pounds, or motorcycle, as applicable, before issuing these plates in lieu of the regular Georgia license plate. (e) Upee the sale er transfer of any antique vehicle er hobby or special interest vehicle fef which special Heense ptotes have been issued to- a person and- fee subsequent acquisition f another antique or hobby f special interest vehicle by fee same person, fee Special plates issued under this Code section shall be transferred to fee subsequently acquired another antique or hobby or special interest vehicle as provided by Code Section 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 hi 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."
SECTION 22. 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:

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"(b)(l) Upea twuwfer of the ownership ef a private passenger vehicle upon whieh there ft license plate distinctively identifying the owner thereof a a certified fircfightor aad acquisition fey the certified firefightcr of 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 23. Said title is further amended by striking Code Section 40-2-80, relating to transfer of special license plates, and inserting in lieu thereof the following:
"40-2-80.
; as otherwise provided by law, the he commissioner shall provide by rules and 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 fey the same person ttpon following 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 registration 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 commissioner shall issue a new license plate to such person for use on such vehicle. Special license plates and revalidation decals for such plates may be transferred in accordance with the provisions of this Code section at any tune after issuance or renewal thereof and until the expiration of the period for which issued."
SECTION 24, 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:
\O/ \Jp\nH mac iFAnSIOf Or ft jOlHTiy OWBCCI VcfilCiC upOtt WHICH lUcFc 1ft ft spCClCU OP

flofifcoo Or vfi P&F9OR WttO Ifl &UulOFlE6t TO ODuftHft ftUCn BpCClAi OP pFCSll^JC 11CCR8C plftTC
pursuant to this article and the sane other previous joint owner, the license plate Special 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 25. 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 commissioner and include the requisite fee. Said applicant may apply for and be limited to not more than one free license plate at a tune; provided, however, that upon payment of the regular license fee provided for in Code Section 48-10-2 and payment of the manufacturing 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

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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 special and distinctive license plate shall be $4&$0 $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 subsection (d) of this Code section, such plates shall be nontransferable." "(d) feeept as uthciwiac provided t this subsection, upon transfer ef- the ownership ofa private passenger vehicle pen which there is- ft license pktte distinctively identifying the owner thereof as saeh ft veteran,- sweh plate shaB he removed and- the authority t
496 Tn& plAD6 SIMM* vn6V6Oy w6 ^ttttOClCfl* ttOWCVCPf fUtCT flttCfi tt tVCUlSICF d OWflJCTWMp
occurs, should the veteran 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. The spouse of a deceased veteran of the armed forces of the United States who was awarded the Purple Heart citation shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section for any vehicle owned by such veteran ownership of which is transferred to the surviving spouse or for any other vehicle owned by such surviving spouse either at the time of the qualifying veteran's death or acquired thereafter, so long as such person does not remarry."
SECTION 26. 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 hi 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 commissioner 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 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 such special and distinctive license plates shall be $4&66 $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 subsection (d) of this Code section, such plates shall be nontransferable." "(d) Except fta otherwise provided this subsection, upon transfer of the ownership of ft private passenger vehicle pen which there is ft license plate distinctively identifying the owner thereof as such a veteran, aueh plate shall be removed and- the authority t use the ptete shaH thereby he canceled; however, after eh a transfer f ownership
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 Harbor on December 7, 1941, shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section for any vehicle owned by such veteran ownership of which is transferred to the surviving spouse or for any other vehicle owned 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 27. 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 commissioner and include the requisite fee. The commissioner shall design a distinctive license

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plate to commemorate service by the United States armed forces in wars listed in subsection (a) of this Code section. 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 such special and distinctive license plates shall be $606 $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 subsection (d) of this Code section, such plates shall be nontransferable." "(d) Except as otherwise provided this subsection, pe transfer of the ownership offt private passenger vehicle pe whieh there is tt license plate distinctively identifying
vlic Owiicf vf&cPGOi KB SUCfl ft VCvCFftJlj 8UCA plftvC 9nftn DC fCBftOVCQ CUICI vttC ftUtlWWtty "

VCtCffttt flCQUlYG AQOU1C7 flJOrOT VCIllClCj Tfi6 I u& 11C6HSG J)ltCQ 188U6CI
pursuant to this Code section shall be transferred between vehicles as provided hi Code Section 40-2-80. The spouse of a deceased retired veteran of the armed forces of the United States or of a deceased person who served during World War I, World War II, the Korean War, the Vietnam War, or Operation Desert Storm shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section for any vehicle owned by such veteran ownership of which is transferred to the surviving spouse or for any other vehicle owned by such surviving spouse either at the time of the qualifying veteran's death or acquired thereafter, so long as such person does not remarry."
SECTION 27A. Said title is further amended by adding a new Code Section 40-2-85.2 to read as follows:
"40-2-85.2.
(a) On and after January 1, 1999, motor vehicle owners who are United States armed forces veterans of the Chosin Reservoir Campaign of 1950 in North Korea shall be eligible to receive special and distinctive vehicle license plates for private passenger cars, trucks, or recreational vehicles used for personal transportation. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. (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 commissioner 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 qualifying applicants. There shall be no minimum required number of applicants for such distinctive license plate. 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 additional manufacturing fee for such special and distinctive license plates shall be $40.00. 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. (c) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars or trucks used for personal transportation, except that the word 'CHOSIN' and no other letters shall be placed horizontally immediately to the left of the numbers on the license plate so as to distinctively identify the owner as a veteran of the Chosin Reservoir Campaign of 1950 in North Korea. (d) The license plate issued 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 Chosin Reservoir Campaign of 1950 in North Korea shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section for any vehicle owned by such veteran ownership of which is transferred to the surviving spouse or for any other vehicle owned by such surviving spouse either at the time of the qualifying veteran's death or acquired thereafter, so long as such person does not remarry.

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(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. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section."
SECTION 27B. Said title is further amended by adding a new Code Section 40-2-85.3 to read as follows:
"40-2-85.3.
(a) Subject to subsection (d) of this Code section, motor vehicle owners who are residents of this state upon application and upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles and upon payment of an additional fee of $40.00, shall be issued a license plate for a private passenger vehicle upon which shall be inscribed a distinctive insignia commemorating veterans who served in the Eighth Air Force during World War II. The commissioner may consult with the Mighty Eighth Air Force Heritage Center, Inc., in the design of the special license plate authorized by this subsection. (b) The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. (c) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of an additional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section. (d) The commissioner shall retain all applications for such special license plates until a minimum of 250 applications have been received. If the commissioner does not receive the required minimum of 250 applications no later than July 31 of the year preceding the initial year of issuance of such plates, no such special plates shall be issued and all fees shall be refunded to applicants. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter."
SECTION 28. 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.
\Si) DUDjeet tO 9tH&80CtlOR \d/ Or *H19 OOCK SCCtlOttj IfiOtOF VCnlClC OWIkePS ^NrttO BTG Pool*
dents ef the State ef- Georgia and who are emergency medical technicians ekriy licensed fey this state; apen application accompanied by proof ef ownership ef- sueh license and
UpOH lull COmpnAnce Wltft tfie SvAtC flkOtO? VeniClC iftWS HI FClAtlOn tO 0nvKnlOD BllQ
11CC!I81H Of fliOtO? VeniClCS AHC1 UpOH pAyment Or An ACIQlUOnAl ICC Ox ip^UivlUj BBBXX 'OC
issaeet a license plate for a- private passenger vehicle apen which- shaft be inscribed a- distinctive insignia and the letters '-SM-f^ g%e commissioner may eensalt wife any organization!) representing emergency medical teehniciana and with emergency medical technicians residing in this state in the design ef- the special license plate authorised by this subsection. (b) Upon transfer ef the ownership of- ft private passenger vehicle pe which there is ft special license plate as provided in subsection fe> ef this Code section and acquisition by the emergency medical technician ef another meter vehicle, the Weens* plate issued pursuant te this Code section shaH be transferred between vehicles as- provided t Gede Section 40-2 80. (c) Special license plates issued wader this ede section shall be renewed annually with revalidation deeai as provided in ede Section 49-8-3* apea payment ef on additional $25.00 AimuAx Fegistmtion fee wnicn fee sncui "be collected fey the county tAg Agent AT tfio time Or collection of ottter FegistFAtion tees And YenHiteot to tne swite CD PPOVIQBU
;. /^j>J^ O_.^AJ J--. At\ n OA Ti- _!.--11 1~-- ._. ----..! a,, ir.----j. J.L-- A ^ ---.--J.^. IB V^UvlU OQWimz *MJm a mO^f TV BX1IUI UC ft 1 C^JUll611XC111 Uldli a tUiUIl*
and displayed en license plates issaed gader this ede section.

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(d) The commissioner shaft retain aft applications for such special emergency medical technicians1 license plates until a minimum ef 869 applications have been received. K
titan July 81 ef the yea* preceding the year ef issuance of- such plates; ne such special plates shaft fee issued and aH lees shaft fee refunded te applieante. Such license plates shaft fee issued i compliance with the state meter vehicle laws relating te registration and licensing ef- meter vehicles as prescribed in Article 8 ef tins chapter. Ne emergency medical technician shall fee entitled te mere titan ene- special and- distinctive meter- vehi cle license plate; Reserved."
SECTION 29. 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) pen transfer ef the ownership ef- a private passenger vehicle upon which there- is a special license plate as provided in subsection {a) ef this Gede- section, such- plate shaft fee removed and the authority te use the plate shaft thereby fee canceled1, provided, hew-
OVOT) uttftv QluClr BUCfi ft vxRBSIoY ox OWrircWHlip CCttfBj flnOtxKI fnc 11C6H9C jMCnO fiOtCroV
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 30. 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) Vpen transfer ef- the unmcmliip ef a private passenger vehicle upon -which there is a special license plate as provided in subsection {a> ef tins Gede- section, saeh- plate- shaft fee removed and the authority te use the plate shaft thereby fee canceled; provided, hew-
SUCu ft $Ffttt8I6f wt
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 31. Said title is further amended by striking paragraph 2 of Code Section 40-3-4, relating to exclusions from requirement for certificate of title, and inserting in lieu thereof the follow ing:
"(2) A vehicle owned by a manufacturer of or dealer in vehicles and held for sale, even though incidentally used on the highway or used for purpose of testing or dem onstration; a vehicle owned by a dealer in vehicles but used by any Georgia public or private school for driver education purposes; or a vehicle used by a manufacturer solely for testing; except that all dealers acquiring new vehicles after July 1, 1962, from a manufacturer for resale shall obtain such evidence of origin of title from the manufacturer as the commissioner shall by rule and regulation prescribe;"
SECTION 32. 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:
/\i\"slj\\/iiy\ 1A1 D-- -u. --if-i-i-i.IivA.j-. mJ--vJ.c--i-v.--o-.vJ. m J_ o^--r tnjjc^na o--^----mI--m--rx n-- -v---cu1-1ii--<1i--c -n~i.LuIv_Ln II--B ^B.U.LUlJ^W^XV Ti* O A vi^tAo
exclusion provided far in subparagraph {A) ef tins paragraph and which is per fected en er before the date such vehicle becomes subject te the operation ef subparagraph 4A> ef this paragraph shaft lapse unless ft notice ef such security interest er Uen is filed with the eommissiener within 99 days frem the date suchvehicle becomes subject te the exclusion provided for in subparagraph {A) ef this paragraph. {}(il 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.

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(iii}(ii) 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 33. 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, fee <rf $&00 a fee as provided by. Code Section 40-3-38. and the title application shall be mailed by registered or 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 or certified mail receipt as proof of such person's compliance with this Code section."
SECTION 34. 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 hi 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 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 35. 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."

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SECTION 36. 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 laws 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 37. 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 $&GQ filing fee as provided by. Code Section 40-3-38. by registered i 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 38. 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 hi paragraph (7) of Code Section 40-3-2 {eseept& except the holder of a mechanic's lien, perfection of which is prescribed hi 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 shall forward such notice and title application, together with a $&Q9 fee as provided by Code Section 40-3-38. either personally or by registered or 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 certified mail receipt as proof of compliance with this Code section."
SECTION 39. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special vehicle license plates, is amended by adding at the end a new Code section to read as follows:
"40-2-86.5
(a) Subject to subjection (d) of this Code section, motor vehicle owners who are resi dents of the State of Georgia, upon application therefor and upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles

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and upon payment of the regular motor vehicle registration fee and an additional initial fee of $15.00, shall be issued a license plate for a private passenger vehicle which shall bear the words 'Choose Life.' It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section. (b) The commissioner shall retain all applications thereby received for such special license plates until a minimum of 1,000 applications has been received. After the receipt of 1,000 applications for such special license plates, the commissioner will then design the special license plate. If the commissioner does not receive the required minimum of 1,000 applications for special license plates under this Code section no later than July 31 of the year preceding the year of issuance of such plates, no such special plates shall be issued and all fees shall be refunded no later than 30 days thereafter to applicants. All license plates issued pursuant to this Code section shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in this article. (c) Upon transfer of the ownership of a private passenger vehicle upon which there is a special license plate as provided in subsection (a) of this Code section, such plate shall be removed and the authority to use the plate shall thereby be canceled; provided, how ever, that after such a transfer of ownership occurs, should the license plate holder acquire another motor vehicle, the license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. (d) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31."
SECTION 40. 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 striking subparagraph (a) (2) (A) and inserting in its place a new subparagraph (a)(2)(A) to read as follows:
"(A) A motor vehicle shall not be returned for taxation and no ad valorem taxes shall be due, payable, or collected at the time a vehicle is registered during any ini tial registration period for such vehicle unless the date of purchase or other aequiaitieB of the mete* vehicle or the date of application tot stteh ait initial regiatration eeews withm the owner's registration period as defined m paragraph (H of ouboec ties {a) of Code Section 40-2-21."
SECTION 41. 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. Section 4A and Section 12A of this Act shall become effective on December 1, 1998. Sections 12B, 21, 27A, and 27B of this Act shall become effective on January 1, 1999. 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 42. All laws and parts of laws in conflict with this Act are repealed.

Representative Powell of the 23rd moved that the House disagree to the Senate sub stitute to HB 1430.
The motion prevailed.

Representative Lee of the 94th assumed the Chair.

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.

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The following Senate amendments were read:

Senate Amendment No. 1
Amend HB 1086 on page 1, line 6 - delete the words "provide for a certain required" and insert the words "make available certain"
Page 2, line 4 - delete the word "mandate" and insert the words "make available"
Page 3, line 26 - delete the words "be deemed to include" and insert the words "make available as a part of the plan, policy or contract or as an optional endorsement to the plan, policy or contract".

Senate Amendment No. 2 Amend HB 1086 by adding on page 3, line 14, after the word "with" the following:
"osteoporotic"

Representative Henson of the 65th moved that the House disagree to the Senate amendments to HB 1086.

Representative Bannister of the 77th moved that the House agree to the Senate amendments to HB 1086.
On the motion, the roll call was ordered and the vote was as follows:

N Alien NAndenon
NAahe N Bailey Y Bannister YBarfoot Y Barnard NBarnes
Y Bates NBenefield
NBirdsong N Bahamian
Bordeaux Y Bradford
NBreedlove Y Bridges N Brook. Y Brown
Buck NBuckner YBunn Y Burkhalter NByrd Y Campbell N Canty YCash N Channel! NChilden Y Clark YCoan YColeman, B
Coleman,T Conned N Cooper
NCrawford Y Crews

YCulbreth N CumniingB NDavis, G YDavis, M
Day YDeLoach, B NDeLoach,G
Diz NDizon NDobbs NDukee YEhrhart NEpps Y Evans YEverett YFelton NFloyd Y Franklin Y Golden N Gravei NGreene YGrindley Y Hanunontrae N Banner Y Harbin
N Heard NHecht NHeclutall
HegBtrom N Henson N Holland NHobnes N Houston Y Howard YHudgens N Hudson, H

N Hudson, N
N Hugley Ylrvin N Jackson
N James N Jamieson NJenkins
Johnson N Johnston
N Jones Y Joyce YKaye YLadd YLakly
NLane NLee Y Lewis
Lord N Lucas YMaddox YMann
Manning
N Martin, J N Martin, J.L EMassey NMcBee
McCaU N McClinton
McKinney Y Mills N Mobley
NMosley YMueller NO'Neal
NOrrock NParham

On the motion, the ayes were 65, nays 100. The motion was lost.

NParrish Y Parsons NPelote N Perry
Y Pinholster NPoag NPolak
Y Ponder N Porter NPoweU NPurceU NRagae NRandall
NRay N Reaves NReichert YRice Y Richardson N Roberts Y Rogers N Royal Y Sanders YSauder YScarlett
YScheid Y Scott N Shanahan
YShaw NSherrill NShipp 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
Smyre YSnelling NSnow NStaUings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephens N Taylor NTeague NTeper N Thomas NTfflman Y Titus Y Tolbert NTrense N Turnquest
N Walker, L Y Walker, R.L N Watson NWest Y Westmorland NWhitaker Y Wiles N Williams, B Y Williams, J Y Williams, R YWorthan YYates N Murphy, Spkr

WEDNESDAY, MARCH 18, 1998

2193

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 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 Martin of the 47th moved that the House adhere to its position in sub stituting SB 369 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 Martin of the 47th, Barnes of the 33rd and Alien of the 117th.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 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.

Representative Lane of the 146th moved that the House insist on its position in dis agreeing to the Senate amendments to HB 1352 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 Lane of the 146th, Shaw of the 176th and Purcell of the 147th.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

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.

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JOURNAL OF THE HOUSE,

The following Senate substitute was read:

A BILL
To amend Article 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to stalking, so as to change a definition; to change the penalties for stalking and aggravated stalking; to provide for psychological evaluation and consideration of the entire criminal record of an offender before sentencing for a conviction of stalking or aggravated stalking; to authorize permanent restraining orders; to authorize an order for psychological treatment as a part of sentence or as a condition for stay or suspension of sentence or for probation; to provide that conduct constituting stalking which is a violation of a perma nent restraining order or a permanent protective order shall constitute the offense of aggravated stalking; to provide for issuance and enforcement of restraining orders, protec tive orders, and the approval of consent orders to prevent a recurrence of stalking; to pro vide for jurisdiction, petitions, hearings, procedures, and contents of such orders; to provide for temporary ex parte relief; to amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to registration of sexually violent predators, so as to provide for increased penalties for failure to register; to amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification as a defense to criminal prosecution, so as to change the provisions relating to threats and use of force in defense of dwellings, places of business, motor vehicles, and other property; to provide for criminal and civil immunity; 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 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to stalking, is amended by striking in their entirety subsections (a) and (c) of Code Section 16-5-90, relating to the offense of stalking, and inserting in their place the following:
"(a) A person commits the offense of stalking when he or she follows, places under sur veillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. For the purpose of this article, the term 'place or places' shall include any public or private property occupied by the victim other than the residence of the defendant. For the pur poses of this article, the term 'harassing and intimidating' means a knowing and willful course of conduct directed at a specific person which causes emotional distress by plac ing such person hi reasonable fear ef death or bodily ham* to himself er hettetf or to for such person's safety or the safety of a member of his or her immediate family, by establishing a pattern of harassing and intimidating behavior, and which serves no legiti mate purpose. This Code section shall not be construed to require that an overt threat of death or bodily injury has been made." "(c) Upon the second conviction, and all subsequent convictions, for stalking, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five ten years. (d) Before sentencing a defendant for any conviction of stalking under this Code section or aggravated stalking under Code Section 16-5-91, the sentencing judge may require psychological evaluation of the offender and shall consider the entire criminal record of the offender. At the time of sentencing, the judge is authorized to issue a permanent restraining order against the offender to protect the person stalked and the members of such person's immediate family, and the judge is authorized to require psychological treatment of the offender as a part of the sentence, or as a condition for suspension or stay of sentence, or for probation."
SECTION 2. Said article is further amended by striking in its entirety Code Section 16-5-91, relating to aggravated stalking, and inserting in its place the following:
"16-5-91.

WEDNESDAY, MARCH 18, 1998

2195

(a) A person commits the offense of aggravated stalking when such person, in violation of a bond to keep the peace posted pursuant to Code Section 17-6-110, temporary restraining order, temporary protective order, permanent restraining order, permanent protective order, preliminary injunction, or permanent injunction or condition of pretrial release, condition of probation, or condition of parole in effect prohibiting the behavior described in this subsection, follows, places under surveillance, or contacts another per son at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person.
(b) Any person convicted of a violation of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five ten years and by a fine of not more than $10,000.00. The provisions of subsection (d) of Code Section 16-5-90 apply to sentencing for conviction of aggravated stalking."

SECTION 3. Said article is further amended by inserting a new Code section to be designated Code Section 16-5-94, to read as follows:
"16-5-94.
(a) A person who is not a minor who alleges stalking by another person may seek relief by filing a petition alleging conduct constituting stalking as defined in Code Section 16-5-90. A person who is not a minor may also seek relief on behalf of a minor by filing such a petition. (b) Jurisdiction for such a petition shall be the same as for family violence petitions as set out hi Code Section 19-13-2. (c) Upon the filing of a verified petition in which the petitioner alleges with specific facts that probable cause exists to establish that stalking by the respondent has occurred in the past and may occur in the future, the court may order such temporary relief ex parte as it deems necessary to protect the petitioner or a minor of the household from stalking. If the court issues an ex parte order, a copy of the order shall be immediately furnished to the petitioner. (d) The court may grant a protective order or approve a consent agreement to bring about a cessation of conduct constituting stalking. Orders or agreements may:
(1) Direct a party to refrain from such conduct; (2) Order a party to refrain from harassing or interfering with the other; (3) Award costs and attorney's fees to either party; and (4) Order the respondent to receive appropriate psychiatric or psychological services as a further measure to prevent the recurrence of stalking. (e) Within ten days of the filing of the petition under this Code section or as soon as practical thereafter, but in no case later than 30 days after the filing of the petition, a hearing shall be held at which the petitioner must prove the allegations of the petition by a preponderance of the evidence. In the event a hearing cannot be scheduled within the county where the case is pending within the 30 day period the same shall be sched uled and heard within any other county of that circuit. If a hearing is not held within 30 days, the petition shall stand dismissed unless the parties otherwise agree. (f) Family violence shelter or social service agency staff members designated by the court may explain to all victims not represented by counsel the procedures for filling out and filing all forms and pleadings necessary for the presentation of their petition to the court. The clerk of the court may provide forms for petitions and pleadings to victims of stalking and to any other person designated by the superior court pursuant to this Code section as authorized to advise victims on filling out and filing such petitions and pleadings. The clerk shall not be required to provide assistance to persons in completing such forms or in presenting their case to the court. Any assistance provided pursuant to this Code section shall be performed without cost to the petitioners. The performance of such assistance shall not constitute the practice of law as defined in Code Section 15-19-51."

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SECTION 3.1. Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to registration of sexually violent predators, is amended by striking subsection (h) and inserting in lieu thereof a new subsection (h) to read as follows:
"(h) Any person who is required to register under this Code section and who fails to comply with the requirements of this Code section or who provides false information shall be guilty of a misdemeanor; provided, however, that felony and upon the conviction of- the third er oubscquent offenoc under this subsection, the defendant shoU thereof be gttty ef ft felony and shall be punished by imprisonment for not less than one nor more than three five years."
SECTION 3.2. Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification as a defense to criminal prosecution, is amended by striking Code Sections 16-3-23 and 16-3-24 and inserting in their respective places new Code sections to read as follows:
"16-3-23.
(a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to pre vent or terminate such other's unlawful entry into or attack upon a habitation dwelling, place of business, or motor vehicle; however, he or she is justified in the use of force which is intended or likely to cause death or great bodily harm only if:
(1) The entry is made or attempted in a violent and tumultuous manner and he or she reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein and that such force is necessary to prevent the assault or offer of personal violence; or (2) He or she reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the com mission of the felony. (b) A person who uses threats or force in accordance with subsection (a) of this Code section shall be immune from criminal prosecution and civil liability therefor unless any deadly force used by. such person utilizes a weapon the carrying or possession of which is unlawful b_ such person under Part 2 pr~3 of Article 4 of Chapter 11 of Title 16.
16-3-24.
(a) A person is justified hi threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to pre vent or terminate such other's trespass on or other tortious or criminal interference with real property ether than habitation or personal property other than property described in Code Section 16-3-23:
(1) Lawfully in his or her possession; (2) Lawfully in the possession of a member of his or her immediate family; or (3) Belonging to a person whose property he or she has a legal duty to protect. (b) The use of force which is intended or likely to cause death or great bodily harm to prevent trespass on or other tortious or criminal interference with real property ether titan ft habitation or personal property^ other than property described in Code Section 16-3-23. is not justified unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony."
SECTION 4. This Act shall become effective on July 1, 1998, and shall apply to conduct occurring or allegedly occurring on or after such date.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The Speaker has ruled the Senate substitute not germane, therefore the House has disagreed to the Senate substitute.

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2197

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 following Senate substitute was read:

A BILL
To amend the "Atlanta Urban Enterprise Zone Act," approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, particularly by an Act approved March 25, 1996 (Ga. L. 1996, p. 3622), so as to change provisions relating to the duration of zones created for mixed use residential and commercial purposes; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The "Atlanta Urban Enterprise Zone Act," approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, particularly by an Act approved March 25, 1996 (Ga. L. 1996, p. 3622), is amended by striking paragraph (2) of subsection (d) of Section 8 thereof, which reads as follows:
"(2) A zone shall exist for ten years after the effective date of its creation and at the end of this period the zone and all exemptions established therein pursuant to this Act shall be abolished.", and inserting in its place the following:
"(2) (A) Except as provided in subparagraph (B) of this paragraph, a zone shall exist for ten years after the effective date of its creation. (B) If a zone is located within an area designated by the federal government as an 'empowerment zone,' and the effective date of the creation of the zone was January 1, 1996, and the City of Atlanta issued no certificate of occupancy for any residen tial or commercial space in that zone before January 1, 1998, then such zone shall exist for 12 years after the effective date of its creation. At the end of such 12 year period, the zone shall be abolished. The schedule of reduction in the exemptions provided for by paragraph (1) of this subsection shall begin on January 1, 1998. In no event may property be granted the exemption provided under this subparagraph for more than ten years."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Orrock of the 56th moved that the House agree to the Senate substi tute to HB 1630.
On the motion, the ayes were 120, nays 0.
The motion prevailed.

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, as amended, by the requisite constitutional majority the fol lowing bill of the House:

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

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

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.

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

SB 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.

Representative Walker of the 141st moved the previous question. On the motion, the roll call was ordered and the vote was as follows:

N Alien
NAndonon YAshe Y Bailey N Bannister YBarfoot N Barnard Y Baron Y Bates Y Benefield YBirdsong

N Bohannon
N Bordeaux N Bradford N Breedlove N Bridges N Brooks N Brown Y Buck
Buckner N Bunn N Burkhalter

Y Byid
N Campbell N Canty N Cash Y Channel! Y Childers N Clark N Coan N Coleman, B
Coleman, T Y Cornell

Cooper
Y Crawford N Crews N Culbreth
Cummings Y Davis, G N Davis, M
Day N DeLoach, B N DeLoach, G N Dix

Y Dixon
Y Dobbe Y Dukes N Ehrhart YEppe N Evans Y Everett NFelton Y Floyd N Franklin Y Golden

WEDNESDAY, MARCH 18,1998

2199

Y Graves Greene
NGrindley N Hammontree YHanner N Harbin Y Heard YHecht
NHeckstall YHegstrom
Henson Y Holland Y Holmes Y Houston N Howard NHudgens Y Hudson, H YHudaon,N YHugley Nbvin N Jackson Y James YJamieson YJenkina
Johnson

NJohnston Y Jones N Joyce
NKaye NLadd NLakly
Lane YLee N Lewis YLord Y Lucas YMaddoi NMann
N Manning Y Martin, J Y Martin, J.L NMassey YMcBee YMcCall Y McClinton NMcKinney NMillB YMobley YMosley NMueller

YO'Neal YOrrock YPaiham
YParrish Y Parsons Y Pelote
Perry NPinholster YPoag YPolak N Ponder Y Porter YPowell YPurcell YRagas YRandall YRay N Reaves YReichert NRice N Richardson N Roberts Y Rogers Y Royal N Sanders

NSauder NScarlett NScheid N Scott Y Shanahan YShaw YSherrUl
YShipp NSims 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 NSnelling YSnow
Stallings
YStancil, F N Stencil, S Y Stanley, L

Y Stanley, P Y Stephens Y Taylor
YTeague YTeper Y Thomas YTuhnan
Y Titus NTolbert NTrense
YTuroquest YTwiggs Y Walker, L
N Walker, R.L Y Watson YWest N Westmoreland NWhi taker N Wiles N Williams, B
N Williams, J N Williams, R NWorthan NYates
Murphy, Spkr

On the motion, the ayes were 91, nays 76. The motion prevailed.

The following Committee substitute was read:

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; to define the offense of family violence aggravated assault; to provide penalties for such offense; to define the offense of family violence simple battery; to provide a penalty for such offense; to change the penalty provi sions relating to the offense of family violence battery; to provide a specific penalty for the offense of battery against a person who is 65 years of age or older; to define the offense of family violence aggravated battery; to provide penalties for such offense; to pro vide for minimum periods of imprisonment for certain offenses; to provide that certain sentences of imprisonment shall not be suspended, stayed, probated, deferred, or withheld; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Crimes Against Family Members Act of 1998."
SECTION 2. Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the crimes of assault and battery, is amended by striking Code Section 16-5-20, relating to the crime of simple assault, and inserting in lieu thereof a new Code Section 16-5-20 to read as follows:
"16-5-20. (a) A person commits the offense of simple assault when he or she either:
(1) Attempts to commit a violent injury to the person of another; or (2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury.

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(b) Except as provided in aubacction subsections (c)^ (d). and (e) of this Code section, a person who commits the offense of simple assault shall be guilty of a misdemeanor. (c) Any person who commits the offense of simple assault in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, 'public transit vehicle' means a bus, van, or rail car used for the transportation of passengers within a system which receives a subsidy from tax revenues or is operated under a franchise contract with a county or municipality of this state. (d) If the offense of simple assault is committed between past or present spouses, per sons who are parents of the same child, parents and children, stepparents and stepchil dren, foster parents and foster children, or other persons living or formerly living in the same household, then such offense shall constitute the offense of family violence assault. Any person who commits the offense of family violence assault shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. (e) Any person who commits the offense of simple assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature."
SECTION 3. Said article is further amended by striking in its entirety Code Section 16-5-21, relating to the crime of aggravated assault, and inserting in lieu thereof a new Code Section 16-5-21 to read as follows:
"16-5-21.
(a) A person commits the offense of aggravated assault when he or she assaults: (1) With intent to murder, to rape, or to rob; (2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; or (3) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.
(b) Except as provided in subsections (c), (d), (e), (f), (g), aad (h)2 and } of this Code section, a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years. (c) A person who knowingly commits the offense of aggravated assault upon a peace officer while the peace officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (d) Any person who commits the offense of aggravated assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years.
(e)(l) As used in this subsection, the term 'correctional officer' shall include superin tendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Stan dards and Training Council pursuant to Chapter 8 of Title 35 and employees of the Department of Juvenile Justice who are known to be employees of the department or who have given reasonable identification of their employment. (2) A person who knowingly commits the offense of aggravated assault upon a correc tional officer while the correctional officer is engaged in, or on account of the perform ance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (f) Any person who commits the offense of aggravated assault in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. For purposes of this Code section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20. (g) A person convicted of an offense described in paragraph (3) of subsection (a) of this Code section shall be punished by imprisonment for not less than five nor more than 20 years.

WEDNESDAY, MARCH 18, 1998

2201

(h) Any person who commits the offense of aggravated assault involving the use of a firearm upon a student or teacher or other school personnel within a school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (i) If the offense of aggravated assault is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and step children, foster parents and foster children, or other persons living or formerly living in the same household, then such offense shall constitute the offense of family violence aggravated assault. Any person who commits the offense of family violence aggravated assault shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years and shall be subject to a minimum mandatory period of imprisonment as follows:
(1) Upon a first conviction of family violence aggravated assault, the defendant shall receive a minimum sentence of imprisonment of ten days which shall not be sus pended, stayed, probated, deferred, or withheld; provided, however, that, if the court finds that the person to be sentenced is gainfully employed and is a primary financial supporter for his or her family, the court may order that the full sentence be served on nights or weekends so that the employment is not lost; (2) Upon a second conviction of family violence aggravated assault against the same or another victim, the defendant shall receive a minimum sentence of imprisonment of 60 days which shall not be suspended, stayed, probated, deferred, or withheld: and (3) Upon a third or subsequent conviction of family violence aggravated assault against the same or another victim, the defendant shall receive a minimum sentence of imprisonment of one year which shall not be suspended, stayed! probated, deferred, or withheld."
SECTION 4. Said article is further amended by striking in its entirety Code Section 16-5-23, relating to simple battery, and inserting in lieu thereof a new Code Section 16-5-23 to read as fol lows:
"16-5-23.
(a) A person commits the offense of simple battery when he or she either: (1) Intentionally makes physical contact of an insulting or provoking nature with the person of another; or (2) Intentionally causes physical harm to another.
(b) Except as otherwise provided in subsections (c), (d), and (e)j and (f) of this Code section, a person convicted of the offense of simple battery shall be punished as for a misdemeanor. (c) Any person who commits the offense of simple battery against a person who is 65 years of age or older or against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. (d) Any person who commits the offense of simple battery in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, 'public transit vehicle* has the same meaning as in subsection (c) of Code Section 16-5-20. (e) Any person who commits the offense of simple battery against a police officer, law enforcement dog, correction officer, or detention officer engaged in carrying out official duties shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. (f) If the offense of simple battery is committed between past or present spouses, per sons who are parents of the same child, parents and children, stepparents and stepchil dren, foster parents and foster children, or other persons living or formerly living in the same household, then such offense shall constitute the offense of family violence simple battery, shall be punishable as for a misdemeanor of a high and aggravated nature, and shall be subject to a minimum mandatory period of imprisonment as follows:

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JOURNAL OF THE HOUSE,

(1) Upon a first conviction of family violence simple battery, the defendant shall receive a minimum sentence of imprisonment of five days which shall not be sus pended, stayed, probated, deferred, or withheld: provided, however, that, if the court finds that the person to be sentenced is gainfully employed and is a primary financial supporter for his or her family, the court may order that the full sentence be served on nights or weekends so that the employment is not lost; (2) Upon a second conviction of family violence simple battery against the same or another victim, the defendant shall receive a minimum sentence of imprisonment of 15 days which shall not be suspended, stayed, probated, deferred, or withheld: pro vided, however, that, if the court finds that the person to be sentenced is gainfully employed and is a primary financial supporter for his or her family, the court may order that the full sentence be served on nights or weekends so that the employment is not lost; and (3) For a third or subsequent conviction of family violence simple battery against the same or another victim, the defendant shall receive a minimum sentence of imprison ment of 60 days which shall not be suspended, stayed", probated, deferred, or withheld. In no event shall this subsection be applicable to reasonable corporal punishment administered by parent or guardian to child."
SECTION 5. Said article is further amended by striking Code Section 16-5-23.1, relating to the crime of battery, and inserting in lieu thereof a new Code Section 16-5-23.1 to read as follows:
"16-5-23.1.
(a) A person commits the offense of battery when he or she intentionally causes sub stantial physical harm or visible bodily harm to another. (b) As used in this Code section, the term 'visible bodily harm' means bodily harm capable of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, or substantial bruises to body parts. (c) Except as provided in subsections 4&fc (tfa {h estA {g} (d) through G) of this Code section, a person who commits the offense of battery is guilty of a misdemeanor. (d) Upon the second conviction for battery against the same victim, the defendant shall be punished by imprisonment for not less than ten days nor more than 12 months, by a fine not to exceed $1,000.00, or both. The minimum sentence of ten days for a second offense shall not be suspended, probated, deferred, stayed, or withheld; provided, how ever, that it is within the authority and discretion of the sentencing judge to:
(1) Allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; or (2) Suspend, probate, defer, stay, or withhold the minimum sentence where there exists clear and convincing evidence that imposition of the minimum sentence would either create an undue hardship upon the defendant or result in a failure of justice. (e) Upon a third or subsequent conviction for battery against the same victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years. The minimum sentence provisions contained in sub section (d) of this Code section shall apply to sentences imposed pursuant to this sub section. (f) If the offense of battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same house hold, then such offense shall constitute the offense of family violence battery and shall be punished as follows: (1) Upon a first conviction of family violence battery, the defendant shall be guilty of and punished for a misdemeanor of a high and aggravated nature and shall be sub ject to a minimum sentence of imprisonment of ten days which shall not be sus pended, stayed, probated, deferred, or withheld;; provided, however, that, if the court

WEDNESDAY, MARCH 18, 1998

2203

finds that the person to be sentenced is gainfully employed and is a primary financial supporter for his or her family, the court may order that the full sentence be served on nights or weekends so that the employment is not lost; and (2) Upon a second or subsequent conviction of family violence battery against the same or another victim, the defendant shall be guilty of a felony and shall be pun ished by imprisonment for not less than one nor more than five years; provided, how ever, that the defendant shall be subject to a minimum sentence of imprisonment of 60 days for a second conviction and one year for a third or subsequent conviction which minimi"" periods of imprisonment shall not be suspended, stayed, probated, deferred, or withheld. In no event shall this subsection #> be applicable to reasonable corporal punishment administered by parent or guardian to child. (g) Any person who commits the offense of battery in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20. (h) Any person who commits the offense of battery against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. (i) Any person who commits the offense of battery against a teacher or other school per sonnel, engaged in the performance of official duties or while on school property shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years or a fine of not more than $10,000.00, or both. (j) Any person who commits the offense of battery against a person who is 65 years of age or older shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature."
SECTION 6. Said article is further amended by striking in its entirety Code Section 16-5-24, relating to the crime of aggravated battery, and inserting in lieu thereof a new Code Section 16-5-24 to read as follows:
"16-5-24.
(a) A person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof. (b) Except as provided in subsections (c), (d), (e), (f), and (g)2 and (h) of this Code sec tion, a person convicted of the offense of aggravated battery shall be punished by imprisonment for not less than one nor more than 20 years. (c) A person who knowingly commits the offense of aggravated battery upon a peace officer while the officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 20 years. (d) Any person who commits the offense of aggravated battery against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.
(e)(l) As used in this subsection, the term 'correctional officer' shall include superin tendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Stan dards and Training Council pursuant to Chapter 8 of Title 35 and employees of the Department of Juvenile Justice who are known to be employees of the department or who have given reasonable identification of their employment. (2) A person who knowingly commits the offense of aggravated battery upon a correc tional officer while the correctional officer is engaged in, or on account of the perform ance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 20 years.

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(f) Any person who commits the offense of aggravated battery in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. For purposes of this Code section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20. (g) Any person who commits the offense of aggravated battery upon a student or teacher or other school personnel within a school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 shall, upon conviction thereof, be pun ished by imprisonment for not less than five nor more than 20 years. (h) If the offense of aggravated battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and step children, foster parents and foster children, or other persons living or formerly living in the same household, then such offense shall constitute the offense of family violence aggravated battery. Any person who commits the offense of family violence aggravated battery shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years and shall be subject to a minimum mandatory period of imprisonment as follows:
(1) Upon a first conviction of family violence aggravated battery, the defendant shall receive a minimum sentence of imprisonment of one year which shall not be sus pended, stayed, probated, deferred, or withheld; and (2) Upon a second or subsequent conviction of family violence aggravated battery against the same or another victim, the defendant shall receive a minimum sentence of imprisonment of five years which shall not be suspended, stayed, probated. deferred, or withheld."
SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative Rice of the 79th moves to amend the Committee substitute to SB 510 by striking line 27 on page 2 and inserting in lieu thereof the following:
"nature, as follows: If the defendant is sentenced to imprisonment:
(1) Upon a first conviction of family violence assault, the defendant shall receive a minimum sentence of imprisonment of five days which shall not be suspended, stayed, probated, deferred, or withheld; provided, however, that, if the court finds that the person to be sentenced is gainfully employed and is a primary financial supporter for his or her family, the court may order that the full sentence be served on nights or weekends so that the employment is not lost;
(2) Upon a second conviction of family violence assault against the same or another victim, the defendant shall receive a minin""" sentence of imprisonment of 30 days which shall not be suspended, stayed" probated, deferred, or wit"
(3) Upon a third or subsequent conviction of family violence assault against the same or another victim, the defendant shall receive a minimum sentence of imprisonment of six months which shall not be suspended, stayed, probated, deferred, or withheld."

Representatives Rice of the 79th, Richardson of the 26th, Hudgens of the 24th, Jenkins of the 110th, Byrd of the 170th and Everett of the 163rd move to amend the Committee substitute to SB 510 by striking the word "reasonable" on line 31 of page 6.
By adding after the word "child" on line 32 of page 6 the following:

WEDNESDAY, MARCH 18, 1998

2205

"or administered by a person acting in loco parentis". By striking the word "reasonable" and inserting in its place "reasonable" on line 23 of page 8. By adding after the word "child" on line 24 of page 8 the following:
"or administered bjr a person acting in loco parentis".
The following amendment was read:
Representative Canty of the 52nd moves to amend the Committee substitute to SB 510 as follows: Delete Section 6 (b) and (d) page 9 and renumber according.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Alien YAnderaon NAshe N Bailey Y Bannister NBarfoot N Barnard NBarnes N Bates N Benefield
Birdeong YBohannon N Bordeaux N Bradford N Breedlove N Bridges Y Brooks N Brown NBuck
Buckner NBunn N Burkhalter NByrd N Campbell Y Canty YCash N Channel! NChildere N Clark NCoan NColeman, B
Coleman, T NConnell N Cooper N Crawford N Crews

N Culbreth N Cummings Y Davis, G N Davis, M
Day YDeLoach, B NDeLoach, G NDii NDiion NDobbs Y Dukes NEhrhart YEpps N Evans NEverett NFelton
Floyd N Franklin N Golden N Graves NGreene NGrindley N Hammontree
Hanner
N Harbin N Heard NHecht Y HeckstaJl NHegstxom
Henson N Holland N Holmes N Houston Y Howard N Hudgens N Hudson, H

N Hudson, N NHugley NIrvin Y Jackson Y James N Jamieson N Jenkins N Johnson N Johnston
Jones N Joyce NKaye NLadd NLakly NLane
Lee N Lewis
Lord Y Lucas NMaddox N Mann N Manning N Martin, J N Martin, J.L YManey NMcBee NMcCall N McClinton YMcKinney N Mills N Mobley NMosley YMueller NO'Neal NOrrock
Parham

NParrish N Parsons Y Pelote Y Perry
Pinholster
MPoag NPolak
N Ponder N Porter
Powell NPurcell NRagas NRandall NRay N Reaves NReichert NRice Y Richardson
Roberts N Rogers N Royal Y Sanders N Sauder NScarlett YScheid N Scott N Shanahan NShaw NSherrill NShipp NSims YSinkfield N Skipper N Smith, C N Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 33, nays 130. The amendment was lost.

N Smith, L.R N Smith, P N Smith, T N Smith, V
Smyre NSnelling NSnow
Stallings N Stancil, F NStancil, S Y Stanley, L N Stanley, P N Stephens NTaylor NTeague NTeper
Y Thomas Y Tillman
N Titus NTolbert YTrense Y Tumquest NTwiggs
N Walker, L Y Walker, R.L
N Watson N West Y Westmoreland NWhitaker N Wiles N Williams, B N Williams, J N Williams, R
NWorthan YYates
Murphy, Spkr

Representative Massey of the 86th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
The following amendment was read:

Representatives Richardson of the 26th, Rice of the 79th and Reichert of the 126th move to amend the Committee substitute to SB 510 by striking lines 19 through 22 on page 2 and inserting in lieu thereof the following:

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JOURNAL OF THE HOUSE,

"past or present spouses or persons who are parents of the same child.". By striking lines 16 through 19 on page 4 and inserting in lieu thereof the following:
"between past or present spouses or persons who are parents of the same child,". By striking lines 37 through 40 on page 5 and inserting in lieu thereof the following:
"past or present spouses or persons who are parents of the same child.". By striking lines 37 through 40 on page 7 and inserting in lieu thereof the following:
"present spouses; or persons who are parents of the same child, porcnto ami children, atcpporonte and- stepchildren, fester parents tmd lester children, -or -ether persons living or formerly living in the same household, then such". By striking lines 18 through 21 on page 10 and inserting in lieu thereof the following: "between past or present spouses or persons who are parents of the same child,".

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

Y Alien YAndenon
YAshe Y Bailey Y Bannister YBarfoot Y Barnard NBarnes Y Bates YBenefield
Birdsong YBohannon N Bordeaux Y Bradford N Breedlove Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn Y Burkhalter YByrd Y Campbell
Y Canty YCash YChannell YChilden Y Clark YCoan YColeman, B
Coleman, T NConnell Y Cooper Y Crawford Y Crews

YCulbreth N Cummings Y Davis, G YDavis, M
Day YDeLoach, B
DeLoach, G YDix
Dixon YDobbe
YDukw YEhrhart YEpps Y Evans YEverett
Felton YFloyd Y Franklin
Y Golden Y Graves
Gnene YGrindley
Y Hammontree Hanner
Y Harbin N Heard YHecht YHeckstaU
YHegstrom YHenson Y Holland Y Holmes N Houston N Howard YHudgens Y Hudson, H

Y Hudson, N NHugley Ylrvin Y Jackson N James
Jamieson YJenkina Y Johnson Y Johnston
Jones Y Joyce YKaye YLadd YLakly YLane
Lee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning N Martin, J Y Martin, J.L YMassey NMcBee YMcCall NMcClinton
McKinney Y Mills N Mobley YMosley YMueller NO'Neal NOrrock YParham

YParrish Y Parsons N Pelote N Perry Y Pinholster
NPoag NPolak Y Ponder Y Porter YPowell YPurcell YRagas NRandall
YRay Y Reaves YReichert
YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett YScheid
Y Scott Y Shanahan NShaw YShemll YShipp
YSims N Sinkfield N 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 YSnelUng YSnow N StaUings
Stancil, F YStancil, S
Stanley, L N Stanley, P Y Stephens NTaylor
YTeague N Toper
N Thomas YTiUman
Y Titus YTolbert YTrense NTurnquest YTwiggs N Walker, L
Y Walker, R.L Y Watson NWest Y Westmoreland YWhitaker Y Wiles N Williams, B Y Williams, J Y Williams, R Y Worthan YYates
Murphy, Spin-

On the adoption of the amendment, the ayes were 130, nays 35. The amendment was adopted.

The following amendment was read:

Representative Williams of the 83rd moves to amend the Committee substitute to SB 510 as follows:

WEDNESDAY, MARCH 18, 1998

2207

Page 10 line 39
In no event shall this Act be applicable to corporal punishment administered by parent or guardian or a person acting in loco parentis to a child.
Section 8
Renumber accordingly.

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

N Alien N Andersen YAshe Y Bailey Y Bannister NBarfoot Y Barnard NBameg Y Bates NBenefield
Birdsong YBohannon N Bordeaux Y Bradford YBnedlove Y Bridges Y Brooks Y Brown NBuck YBuckner YBunn Y Burkhalter YByrd Y Campbell Y Canty YCash YChannell N Childen Y Clark YCoon YColeman, B
Coleman, T NConneU Y Cooper Y Crawford Y Crews

YCulbreth N Cununiiws Y Davis, G Y Davis, M
Day YDeLoach, B YDeLoach, G YDii YDizon NDobbs N Dukes YEhrhart NEpp. Y Evans YEverett NFelton YFloyd Y Franklin Y Golden Y Graves NGreene YGrindley Y Hammontree N Manner Y Harbin N Heard YHecht YHeckstaU NHegstrom NHenson N Holland N Holmes N Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N N Hugley Ylrvin Y Jackson N James
Jamieson NJenkins
Johnson YJohnston
Jones Y Joyce YKaye YLadd YLakly YLane
Lee Y Lewis YLord N Lucas NMaddoz YMann Y Manning N Martin, J Y Martin, J.L YMassey NMcBee YMcCall N McClinton
McKinney YMills N Mobley YMosley YMueller NO'Neal NOrrock NParham

NParrish N Parsons NPelote N Perry Y Pinholster YPoag NPolak Y Ponder Y Porter YPowell NPurcell NRagas NRandall YRay Y Reaves YReicbert YRice Y Richardson N Roberts Y Rogers N Royal Y Sanders NSauder YScarlett YScheid Y Scott N Shanahan YShaw YSherrill NShipp NSims N Sinkfield N Skipper N Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R N Smith, P Y Smith, T Y Smith, V NSmyre YSnelling NSnow NStallings NStancil, F Y Stand), S N Stanley, L N Stanley, P Y Stephens N Taylor NTeague NTeper N Thomas NTUlman Y Titus Y Tolbert YTrense YTurnquest YTwiggs N Walker, L Y Walker, R.L N Watson YWest Y Westmoreland YWhitaker Y Wiles N Williams, B Y Williams, J Y Williams, R YWorthan YYatw
Murphy, Spkr

On the adoption of the amendment, the ayes were 105, nays 66. The amendment was adopted.

Representative Barnes of the 33rd moved that the House reconsider its action in adopting the Williams amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Alien
N Andersen YAshe N Bailey N Bannister YBarfoot N Barnard Y Banes
N Bates Y Benefield
Birdsong N Bohannon

Y Bordeaux N Bradford
NBreedlove N Bridges N Brooks N Brown YBuck N Buckner NBunn N Burkhalter NByrd N Campbell

N Canty NCash YChannell Y Childen N Clark NCoan
Coleman, B Coleman, T Y Cornell N Cooper
N Crawford N Crews

Y Culbreth Y Cummings N Davis, G N Davis, M
Day NDeLoach, B N DeLoach, G NDix NDizon YDobbs Y Dukes NEhrhart

YEpps N Evans NEverett
YFelton NFloyd N Franklin N Golden N Graves YGraene N Grindley N Hammontree Y Manner

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JOURNAL OF THE HOUSE,

N Harbin Y Heard
YHecht NHeckstall YHegstrom NHenson Y Holland N Holmes Y Houston N Howard NHudgens Y Hudson, H N Hudson, N
YHugley NIrvin N Jackson Y James Y Jamieson YJenkins
Johnson N Jobnston
Jones N Joyce NKaye

NLadd NLakly NLane
Lee N Lewis NLord Y Lucas YMaddox NMann
N Manning
Y Martin, J N Martin, J.L
NMassey YMcBee NMcCall Y McClinton N McKinney N Mills Y Mobley
NMosley NMueller YO'Neal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry NPinholster
YPoag YPolak N Ponder Y Porter NPowell YPurcell
YEagas YRandall
NRay Y Reaves Y Reichert NRice N Richardson
N Roberts Rogers
Y Royal N Sanders Y Sauder N Scarlett

N Scheid
N Scott Y Shanahan NShaw YSherrill
YShipp YSims N Sinkfleld Y Skipper Y Smith, C N Smith, C.W N Smith, L N Smith, L.R Y Smith,? N Smith, T N Smith, V YSmyre NSnelling
YSnow YStallings Y Stancil, F
N StancU.S Y Stanley, L Y Stanley, P

On the motion, the ayes were 75, nays 96. The motion was lost.

N Stephens Y Taylor YTeague YTeper Y Thomas Y Tillman N Titus Y Tolbert NTrense Y Turnquest YTwiggs Y Walker, L N Walker, R.L Y Watson YWest N Westmorland N Whitaker N Wiles Y Williams, B N Williams, J N Williams, R NWorthan NYates
Murphy, Spkr

The Committee substitute, as amended, was adopted.

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

N Alien NAndereon NAshe Y Bailey N Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield
Birdsong YBohannon Y Bordeaux Y Bradford NBreedlove Y Bridges Y Brooks Y Brown
YBuck Y Buckner YBunn N Burkhalter
YByrd Y Campbell
N Canty YCash Y Channel!
YChilders N Clark YCoan YColeman, B
Coleman, T YConnell Y Cooper
YCrawford Y Crews

N Culbreth Cummings
Y Davis, G Y Davis, M
Day YDeLoach, B Y DeLoach, G NDix YDiion
Dobbs Y Dukes YEhrhart
YBpps Y Evans YEverett Y Felton YFloyd N 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 N 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 NLakly YLane
Lee N Lewis YLord Y Lucas N Maddox YMann Y Manning N Martin, J Y Martin, J.L YMassey YMcBee YMcCall N McClinton
McKinney Y Mills Y Mobley YMosley Y Mueller YO'Neal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster
YPoag NPolak Y Ponder
Porter Y Powell YPurcell 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 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 N Smith, V YSmyre YSnelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor NTeague YTeper Y Thomas YTUlman N Titus Y Tolbert YTrense Y Turnquest
YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmorland N Whitaker YWaes
Williams, B N Williams, J Y Williams, R YWorthan NYates
Murphy, Spkr

WEDNESDAY, MARCH 18,1998

2209

On the passage of the Bill, by substitute, as amended, the ayes were 144, nays 26.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representatives Dobbs of the 92nd 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.

The Speaker assumed the Chair.

SB 19. By Senators Scott of the 36th, Langford of the 29th, Oliver of the 42nd and others:
A bill to amend Code Section 12-5-23.2 of the Official Code of Georgia Anno tated, relating to waste-water discharge limitations and penalties, so as to provide that a certain moratorium shall not apply to certain publicly funded facilities.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 12-5-23.2 of the Official Code of Georgia Annotated, relating to waste-water discharge limitations and penalties, so as to provide that a certain moratorium shall not apply to certain publicly funded facilities; to provide that such moratorium shall not apply to previously permitted sewer connections; 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 12-5-23.2 of the Official Code of Georgia Annotated, relating to waste-water discharge limitations and penalties, is amended by striking in its entirety paragraph (6) of subsection (c) and inserting in lieu thereof the following:
"(6) If in any month after July 1, 1996, and before December 31, 1998, a person dis charges waste water from such person's water pollution control plants containing more than 0.75 milligrams of phosphorous per liter of water on a monthly average basis; or if in any month after January 1, 1999, and before December 31, 2000, a person dis charges waste water from such person's water pollution control plants containing more than 0.64 milligrams of phosphorous per liter of water on a monthly average basis; or if in any month after January 1, 2001, a person discharges waste water from any indi vidual water pollution control plant containing more than 0.64 milligrams of phosphorous per liter of water on a monthly average basis, such person shall not per mit any additional sewer connections within such person's corporate limits until he or she has been in compliance with such provisions for three consecutive months. The provisions of this subsection shall apply without regard to the provisions of para graphs (1) through (5) of this subsection and shall not be suspended or terminated; provided, however, that nothing in this paragraph shall prohibit additional sewer con nections required for any project constructed by or in partnership with a public hous ing authority, as long as the additional connections for such project do not cause the total quantity of sewage generated to exceed the total quantity of sewage generated by that public housing authority's housing units in existence on January 1, 1995."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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JOURNAL OF THE HOUSE,

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 N Bannister
YBarfoot Y Barnard
Barnes Y Bates
Benefield Birdsong YBohannon Y Bordeaux Y Bradford NBnedlove Y Bridges Y Brooks N Brown NBuck Buckner YBunn N Buikhalter YByid YCampbeU Y Canty NCash Y Channel! Y Guilders Y Clark NCoan YColeman, B Coleman, T YConnell Y Cooper Y Crawford Y Crews

Y Culbreth Y Cummings Y Davis, G N Davis, M
Day
Y DeLoach, B YDeLoach, G NDiz YDizon
Dobbs Y Dukes
NEhrhart YEpps N Evans YEverett Y Felton YFloyd N Franklin Y Golden Y Graves YGnene NGrindley Y Hammontree
Banner Y Harbin Y Heard YHecht YHeckstaU YHegstrom YHenson Y Holland Y Holmes
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 NLakly
YLane YLee N Lewis YLord
Lucas Y Maddox
Mann Y Manning Y Martin, J Y Martin, J.L YMasmy YMcBee YMcCall Y McClinton
McKinney N Mills YMobley
YMosley NMueller YO-Neal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry Y Pinbolster YPosg YPolai Y Ponder
Y Porter YPowell YPurceU YRagas YRandall
Ray Reaves
Y Reichert YRice Y Richardson
Y Roberts Y Rogers Y Royal N Sanders Y Sauder YScarlett YScheid N Scott YShanahan YShaw
SherrUl
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 N Smith, V YSmyre
Snelling YSnow Y Stallings YStancil, F
Stances Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas Y Tilbnan Y Titus YTolbert NTrense
YTumquest YTwiggs Y Walker, L N Walker, R.L Y Watson YWest N Westmoreland
Whitaker Y Wiles Y Williams, B
N Williams, J Y Williams, R
Worthfln
YYates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 134, nays 25.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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 1697 Do Pass SB 49 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

WEDNESDAY, MARCH 18, 1998

2211

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

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.

The report 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 32.
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 President has ruled Section 1A of the House substitute not germane, therefore the Senate has disagreed to the House substitute to the following bill of the Senate:
SB 318. By Senator Thomas of the 10th:
A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Anno tated, relating to the powers of municipal corporations generally, so as to authorize each municipal corporation to enter into leases and contracts with private persons for the operation and maintenance of its water system or sewer system or both.
The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the House:
HB 1511. By Representatives Coleman of the 142nd, Holmes of the 53rd, Scott of the 165th and others:
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.
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.

2212

JOURNAL OF THE HOUSE,

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

HB 1633. By Representatives McCall of the 90th, Hanner of the 159th, Lane of the 146th 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 Senate has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the House:

HB 32. By Representatives Byrd of the 170th and Mosley of the 171st:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions applicable to counties and municipal cor porations, so as to provide for competitive bidding when a county or municipal corporation constructs or renovates a building or other real prop erty to be leased by the state.

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

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 matters in condemnation cases; to amend Article 1 of Chapter 3 of Title 32 of the Official Code of Georgia Annotated.

HB 942. By Representatives Holmes of the 53rd, Byrd of the 170th, Greene of the 158th and others:
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.

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.

WEDNESDAY, MARCH 18, 1998

2213

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

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.

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

SR 552. By Senators Hooks of the 14th, Oliver of the 42nd, Egan of the 40th and others:
A resolution to create the Joint Study Committee on Historic Preservation.

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 YBamm Y Bates Y Benefield
Birdsong Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck YBuckner Bunn Y Burkhalter YByrd Y Campbell Canty YCash YChannell YChildera Y Clark YCoan
Y Coleman, B Coleman, T
Y Cornell Y Cooper Y Crawford Y Crews

Y Culbreth
YDavia, G Y Davis, M
Day YDeLoach, B YDoLoach, G YDix YDiion YDobbe Y Dukes YEhrhart YEppe Y Evans YEverett YFelton
Floyd N Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree
Manner Y Harbin Y Heard YHecht YHeckstall YHegstrom YHenson Y Holland Y Holmes
Houston Y 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
Lee Y Lewis
YLord Lucas
YMaddoi Mann
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 YPinholster
YPoag YPolak
Y Ponder
Y Porter YPowell YPurcell
YRagas YRandall
YRay Reaves
Y Reichert
Rice Y Richardson Y Roberts Y Rogers Y Royal N Sanders YSauder 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

On the adoption of the Resolution, the ayes were 156, nays 2.

Smith, L.R Y Smith, P Y Smith, T
Smith, V YSmyre YSneUing
Snow 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 Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland
Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan
Yates Murphy, Spkr

2214

JOURNAL OF THE HOUSE,

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

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.

The following Committee substitute was read:

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 service which is provided to the customer by a third party; to require that the charges for such new or changed services be stated in a separate and distinct manner; to provide for exceptions; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 4 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, "The Tele communications and Competition Development Act of 1995," is amended by adding a new Code section, to be designated as Code Section 46-5-171.1, to read as follows:
"46-5-171.1. (a) Except as provided in subsection (b) of this Code section, no telecommunications company shall charge a customer for any service which is provided to the customer by a third party until it has received the customer's written authorization for such charges. When a customer initiates a new type of such third-party service or changes the type or types of such third-party service received, the invoice for such new or changed ser vices must state the charges for such services in a clear, conspicuous, separate, and dis tinct manner so as to ensure that the customer is aware of the new or changed charges. (b) This Code section shall not apply to any transaction between a customer and that customer's selected provider of basic local exchange, inter-LATA, or intra-LATA tele communications services or initial requests to subscribe to such services; wireless ser vices; requests for a change in a customer's provider of local exchange service or a change in a customer's primary interexchange inter-LATA or intra-LATA carrier; interexchange inter-LATA or intra-LATA services provided via an access code or calling card; or operator services."
SECTION 2. This Act shall become effective on July 1, 1998, and shall apply to services which are initi ated or changed after that date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Snow of the 2nd et al. move to amend the Committee substitute to SB 522 by striking the word "To" on line 1 of page 1 and inserting in lieu thereof the following:

WEDNESDAY, MARCH 18, 1998

2215

"To amend Code Section 46-2-25.3 of the Official Code of Georgia Annotated, relating to toll-free calls within 22 miles of an exchange, so as to authorize the Public Service Commission to obtain certain information relating to the determination of revenues which would be lost due to implementation of a 22 mile toll-free expanded calling area; to authorize the Public Service Commission to obtain certain information relating to net gains which result from implementation of a 22 mile toll-free expanded calling area; to".
By striking the words "an effective date" on line 9 of page 1 and inserting in lieu thereof the following:
"effective dates".
By inserting between lines 11 and 12 on page 1 the following:
"SECTION 1.
Code Section 46-2-25.3 of the Official Code of Georgia Annotated, relating to toll-free calls within 22 miles of an exchange, is amended by striking in its entirety paragraph (1) of sub section (c) and inserting in lieu thereof a new paragraph (1) to read as follows:
*(c)(l) For each telephone company which has elected to have its rates, terms, and conditions for services determined pursuant to the alternative regulation provided for in Article 4 of Chapter 5 of this title, the commission shall determine for each local exchange company the increase in rates for basic local exchange services necessary to recover fully all revenues which would be lost if a 22 mile toll-free expanded calling area were implemented in that local exchange. Notwithstanding any provision of this title to the contrary, where the rate of increase determined pursuant to this paragraph exceeds $2.00 or 25 percent of the basic service rate then in effect, the commission shall have the authority to require such local exchange company to file information which is reasonably necessary to determine the amount of all revenues which would be lost if a 22 mile toll-free expanded calling area were implemented in the local exchange and shall have access to the books and records of such local exchange com pany as may be necessary to determine the amount of such revenues.'
SECTION 2.
Said Code section is further amended by striking in its entirety subsection (d) and insert ing in lieu thereof a new subsection (d) to read as follows:
*(d)(l) As used in this subsection, the term "net gain" means the net revenue impact from the implementation less costs incurred as a result of the implementation of a 22 mile toll-free calling area^ and the term "telecommunications company" shall have the same meaning as provided in paragraph (17) of Code Section 46-5-162.
(2) The commission shall adopt and implement a methodology to provide that any net gain which a telecommunications company experiences as a result of implementing this Code section be passed on to its end user customers.
(3) Notwithstanding any provision of this title to the contrary, the commission shall have the authority to require any telecommunications company whose rate of increase. as determined pursuant to paragraph (1) of subsection {bj or (& of this Code section, exceeds $2.00 or 25 percent of the basic service rate then in effect to file information which is reasonably necessary to determine the amount of any net gain experienced by such telecommunications company and to assure that such net gain is passed on to its end user customers. In addition, and notwithstanding any provision of this title to the contrary, the commission shall have access to the books and records of such telecommunications company as may be necessary to determine the amount of such net gain and assure that such net gain is passed on to its end user customers.'".
By redesignating Sections 1 through 3 as Sections 3 through 5, respectively.
By striking the word "This" on line 7 of page 2 and inserting in lieu thereof the following:

2216

JOURNAL OF THE HOUSE,

"Section 3 of this". By striking line 9 of page 2 and inserting in lieu thereof the following:
"date. All other provisions of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.".
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 YAihe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield YBirdaong YBohannon Y Bordeaux Y Bradford YBreedlove
Y Bridges Y Brooks Y Brown
Buck YBuckner
YBunn YBurkhalter
YByrd Y Campbell
Canty YCaih YChannell
YChilden Y Clark YCoan YColeman, B YColeman, T YConnell Y Cooper
YCrawtord Y Crews

YCulbreth Y CununingB
YDavis, G Y Davis, M
Day YDeLoach, B YDeLoach, G YOU YDizon YDobbs YDukes YEhrhart YEpps Y Evans YEverett YFelton YFloyd Y Franklin Y Golden Y Graves YGraene 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 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 NMaddoz YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee
YMcCaU McClinton
YMcKinney YMills
YMobley YMosley
Mueller YO-Neal
OTTOCK YParham

YParrish Y Parsons
Pelote Y Perry Y Pinholster
YPosg YPolak Y Ponder Y Porter YPowell
Purcell YRagas
Randall
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 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 Y Stancil, F
Y Stand], S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTepet Y Thomas Y Tillman Y Titus YTolbert YTrense
Tumquest YTwiggs Y Walker, L
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, by substitute, as amended, the ayes were 166, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

SB 139. By Senators Thomas of the 10th, Price of the 56th, Thomas of the 54th and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to prohibit the Department of Medical Assistance from establishing a drug formulary that restricts by any prior approval pro cess a physician's ability to treat a patient with a prescription drug that has been approved by the United States Food and Drug Administration.

Representative Skipper of the 137th moved the previous question.

WEDNESDAY, MARCH 18, 1998

2217

On the motion, the roll call was ordered and the vote was as follows:

Alien YAndenon
YAshe Y Bailey N Bannister YBarfoot NBarnard YBarnes YBate* YBenefJeld YBiidiong NBohannon N Bordeaux N Bradford YBreedlove N Bridges
N Brooks N Brown YBuck YBuckner
NBunn NBurkhalter NByrd N Campbell Y Canty NCash Y Channel! YChilden N Clark NCoan NColeman, B
Colenun, T YConnell
Y Cooper YCrawford NCrewi

N Culbreth Y CununingB YDavis, G N Davis, M
Day
NDeLoach, B NDeLoach, G NDiz YDizon YDobbs Y Dukes NEhrhart YEpps NEvans
N Everett YFelton
NFloyd N Franklin Y Golden Y Graves YGreene NGrindley N Hammontree Y Banner
Harbin Y Heard YHecht YHeckstall YHegstrom YHenson Y Holland Y Holme. Y Houston Y Howard NHudgens N Hudson, H

Y Hudson, N YHugley NIrvin N Jackson Y James YJamieson YJenkins
Johnson N Johnston
Jones N Joyce NKaye NLadd NLakly YLane
Lee N Lewis
YLord Y Lucas YMaddoz NMann N Manning
Martin, J N Martin, J.L NMassey YMcBee YMcCall YMcClinton YMcKinney N Mills YMobley NMosley NMueUer YO-Neal YOrrock YParham

On the motion, the ayes were 95, nays 72. The motion prevailed.

YParrish N Parsons YPelote Y Perry NPinholster YPoag YPolak N Ponder Y Porter YPowell YPurcell
YHagas YRandaU YBay Y Reaves NReichert NRice N Richardson Y Roberts Y Rogers YRoyal N Sanders YSauder NScarlett NScheid N Scott NShanahan YShaw YSherrill Y Shipp YSims YSinkfield 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
Smyre NSnelling YSnow YStallings YStancil, F
N Stancil, S Y Stanley, L Y Stanley, P Y Stephens
YTaylor Teague
YTeper Y Thomas YTUlman N Titus YTolbert NTrense YTurnquest YTwiggs
Walker, L N Walker, RX Y Watson
West N Westmoreland NWhitaker N Wiles Y Williams, B N Williams, J Y Williams, R NWorthan NYatee
Murphy, Spkr

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, relating to medical assistance generally, so as to provide for legislative findings and intent; to provide for definitions; to prohibit the Department of Medical Assistance and certain entities which contract with that department to provide health care services from estab lishing any process or mechanism that restricts a physician's ability to treat a patient with a prescription drug that has been approved by the United States Food and Drug Adminis tration; to provide for the establishment of an electronic prospective drug utilization review program and a drug utilization review board; to provide for the functions of the drug utilization review board and program; to provide for access to prescription drugs sub ject to certain restrictions; 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 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, is amended by designating the current provisions of said arti cle as Part 1 and inserting at the end thereof a new Part 2 to read as follows:
"Part 2
49-4-160.

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JOURNAL OF THE HOUSE,

The General Assembly finds that outpatient prescription drugs are a cost-effective com ponent of total patient care. The General Assembly further finds that physicians should be able to care for their patients within the Medicaid system with prescription drugs unencumbered of restrictions that limit a patient's access to the prescription drugs as prescribed by the physician. Studies show that when prescription drugs are made readily available to a patient, the patient will utilize the health care system less. This means less visits to the doctor's office, hospital, emergency room, or nursing home. The Depart ment of Medical Assistance, physicians, pharmacists, patients, pharmaceutical manufac turers, and the General Assembly agree that quality medical care is dependent upon electronic prospective drug utilization review and drug education and that restrictions to prescription drugs serve as a barrier to this quality medical care. It is the intent of this part to establish medically based parameters and procedures within the Medicaid pharmacy program that will encourage appropriate prescribing behavior within the phy sician community. This shall be facilitated by the establishment of an electronic pro spective utilization review program and a drug utilization education program. These programs are designed to ensure quality of care and the appropriate use of pharmaceuti cal therapy.
49-4-161. (a) As used in this part, the term:
(1) 'Physician' means any person lawfully licensed to practice medicine pursuant to Chapter 34 of Title 43. (2) 'Prescription drug' means any chemical entity that has been approved by the United States Food and Drug Administration. (3) 'Restrict,' 'restricted,' 'restricting,' or 'restriction' means any administrative, regu latory, procedural, or operational process or any policy or guideline that affects a physician's ability to provide care under the Department of Medical Assistance. (4) 'Review board' means the Drug Utilization Review Board established in subsection (b) of Code Section 49-4-162. (b) Any term used in this part and defined in Code Section 49-4-141 shall have the meaning provided in Code Section 49-4-141.
49-4-162. (a) The department shall not establish any process or mechanism that has the effect of restricting, by any formulary or any approval process, the access of a recipient of medi cal assistance to a prescription drug prescribed by such person's physician, except as provided in this part.
(b)(l) The department shall establish a Drug Utilization Review Board for the pur pose of implementing the provisions of this part as well as any additional duties the commissioner deems advisable and appropriate. (2) The review board shall be comprised of seven physicians, five pharmacists, and two members of the consuming public that have no connection with the health care or pharmaceutical industry. All members of the review board shall be appointed by the commissioner and shall serve at his or her pleasure. (3) The review board shall establish and oversee the operations of an electronic pro spective drug utilization program for the purpose of detecting unusual or aberrant pat terns in the prescribing practices of physicians. Unusual or aberrant prescribing patterns shall be based upon explicit and predetermined criteria and standards that are developed by the review board. In the event the prospective drug utilization pro gram detects an unusual or aberrant pattern of utilization of prescription drugs, it shall report its findings to the review board which shall undertake a review of the pre scribing patterns in question. (c) The department may restrict access to a prescription drug only in accordance with the following provisions: (1) The review board shall review the prospective drug utilization program's findings which indicate an unusual or aberrant prescribing pattern. Following such review, the review board may recommend that the prescription drug be subject to restriction if it finds each of the following:

WEDNESDAY, MARCH 18, 1998

2219

(A) That the prescription drug in question is subject to clinical abuse, misuse, or inappropriate medical use; and (B) That restriction of the prescription drug will not impede the quality of care of recipients of medical assistance; (2) Upon a recommendation of the review board that the prescription drug in ques tion should be subject to restriction, the department shall notify the manufacturer of the prescription drug of such recommendation. Such notice shall inform the manufac turer of the results of the review board's clinical findings and any pertinent evidence from the utilization program's analyses that demonstrates prescribing patterns indica tive of abuse, misuse, or inappropriate medical use. Within 60 days of receipt of such notice, the manufacturer shall present to the department a plan as to how it will edu cate the physicians and pharmacists of the state on the appropriate use of the pre scription drug recommended for restriction. Such education plan shall be implemented within 90 days of the manufacturer's receipt of notice provided pursuant to this para graph; (3) After the education plan implemented under paragraph (2) of this subsection has been in effect for three months, the utilization program shall examine utilization rates for the prescription drug recommended for restriction and report its finding to the review board for further review. The review board shall review those findings and only if it finds that such drug remains subject to clinical abuse, misuse, or inappropriate medical use and finds that continued restriction of such drug will not impede the quality of care of recipients of medical assistance may the department restrict access to such drug; otherwise, the review board's recommendation of restriction shall be withdrawn; and (4) Any prescription drug restricted by the department shall be considered for nonrestriction six months after it has been placed on restriction. (d) The department shall not restrict any prescription drug for the purpose of prevent ing acceptable medical use of such drug for appropriate off label indications. (e) No recipient of medical assistance may be denied access to a prescription drug if it is demonstrated that such drug is medically necessary for the recipient. (f) No prescription drug shall be restricted upon its initial approval by the United States Food and Drug Administration, nor shall it be recommended for restriction prior to its being available in the marketplace for at least six months. (g) Nothing in this part shall be deemed to prevent the department from limiting to five the number of prescriptions per month for a recipient of medical assistance who is 21 years of age or older or limiting to six the number of prescriptions per month for a recipient of medical assistance who is less than 21 years of age. The department shall not use the provisions of this subsection to restrict access of a recipient of medical assistance to any drug upon a showing that access to a number of prescriptions greater than the number provided for in this subsection is medically necessary.
49-4-163. No provision of this part shall prohibit the Department of Medical Assistance from restricting the use of prescription drugs that are considered federally exempted agents.
49-4-164. Any entity which contracts with the department to provide to recipients of medical assistance any health care services which include prescription drugs may not establish any process or mechanism that has the effect of restricting, by any formulary or any approval process, the access of a recipient of medical assistance to a prescription drug prescribed by such person's physician unless such access is restricted by the department as provided in this part."
SECTION 2. This Act shall become effective on October 1, 1998.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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JOURNAL OF THE HOUSE,

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

Y Alien
Y AJUUfSOll
YAahe YBailey N Bannister YBarfoot N Barnard YBamn
YBatM Benefield
YBiidaong Y Bohannon N Bordeaux Y Bradford NBreadlove Y Bridge. Y Brooks N Brown YBuck YBuckner NBunn Y Burkhalter Y Byrd Y Campbell
Y Canty NCaah Y Channel! YChilders N Clark YCoan YColeman, B
Coleman,T YConnell Y Cooper YCrawford NCrewB

YCulbreth Y Cummrags YDavis, G NDavia, M
Day NDeLoach, B NDeLoach, G NDiz YDizon YDobbs Y Dukes YEhrhart YEpp, Y Evans YEverett YFelton YFloyd N Franklin Y Golden N Graves YGreene YGrindley
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 YJamieeon YJenkins
Johnson N Johnston Y Jones N Joyce
YKaye YLadd
NLakly YLane YLee N Lewis YLord Y Lucas
YMaddox NMann Y Manning
N Martin, J N Martin, J.L
YMaasey YMcBee YMcCall YMcClinton YMcKinney N Mills
YMobley YMoeley Y Mueller YO'Neal YOrrock YParham

YParrish Y Parsons YPelote Y Perry NPinholster YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas YRandall YRay Y Reaves YReichert NRice N Richardson Y Roberta Y Rogers Y Royal M Sanders YSauder NScarlett NScheid N Scott Y Shanahan YShaw YSherrill YShipp YSims YSinkfield
N Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P N Smith, T N Smith, V
YSmyre YSnelling YSnow YStallings YStancil, F NStancil, S Y Stanley, L Y Stanley, P N Stephens YTaylor
Teague YTeper Y Thomas YTUhnan YTitus NTolbert YTrense YTurnquest YTwiggs
Walker, L N Walker, R.L Y Watson NWest N Westmoreland YWhitaker 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 131, nays 42.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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.

Representative Sims of the 167th moved the previous question. On the motion, the roll call was ordered and the vote was as follows:

Y Alien YAndenon
YAshe YBailey N Bannister

YBarfoot N Barnard YBarnes Y Bates Y Benefield

Birdsong N Bohannon
N Bordeaux N Bradford N Breedlove

N Bridges N Brooks N Brown
Buck Buckner

NBunn N Burkhalter
YByrd N Campbell Y Canty

WEDNESDAY, MARCH 18, 1998

2221

NCash Y Channel! YChilden N Clark NCoan N Coleman, B
Coleman, T Connell Cooper N Crawford Crews Culbreth N Cununings Y DaTM, G N Davis, M Day NDeLoach, B YDeLoach, G NDii YDizon
YDobbs Y Dukes NEhrhart YEpps N Evans YEverett N Felton YFloyd N Franklin Y Golden Y Graves

Greene N Grindley N Hammontree Y Manner N Harbin Y Heard YHecht YHeckstall YHegstrom YHenson Y Holland
Holmes Y Houston
Howard NHudgens Y Hudson, H Y Hudson, N
Y Hugley Nlrvin
N Jackson Y James Y Jamieson Y Jenkins
Johnson Y Johnston Y Jones N Joyce NKaye NLadd NLakly YLane

YLee N Lewis YLord
Lucas Maddox NMann N Manning Martin, J Y Martin, J.L NMassey YMcBee YMcCall Y McClinton Y McKinney N Mills Y Mobley YMosley
N Mueller YO'Neal
YOrrock YParham
Parrish
Y Parsons Y Pelote Y Perry N Pinholster YPoag YPolak N Ponder Y Porter Y Powell

YPurcell Ragas
YRandall YRay Y Reaves
NReichert NRice N Richardson
Y Roberts N Rogers
Y Royal N Sanders Y Sauder NScarlett
Scheid N Scott N Shanahan YShaw YSherrill
YShipp YSims Y Sinkfield Y Skipper
Smith, C N Smith, C.W
Smith, L N Smith, L.R Y Smith, P E Smith, T N Smith, V YSmyre

NSnelling YSnow Y Stalling* NStancil, F NStancil, S Y Stanley, L Y Stanley, P
Stephens YTaylor
Teague YTeper Y Thomas Y Tillman Y Titus N Tolbert NTrense Y Tumquest
Y Walker, L N Walker, R.L Y Watson YWest N Westmoreland NWhitaker N Wiles Y Williams, B N Williams, J
Williams, R NWorthan NYates
Murphy, Spkr

On the motion, the ayes were 87, nays 66. The motion prevailed.

Representative Ehrhart of the 36th moved that SR 532 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

N Alien
N Anderson NAshe N Bailey
Y Bannister NBarfoot Y Barnard
NBarnes N Bates N Benefield
Birdsong YBohannon Y Bordeaux N Bradford YBreedlove Y Bridges N Brooks Y Brown
Buck
N Buckner YBunn N Burkhalter
NByid N Campbell Y Canty YCash N Channel!
N Childere N Clark YCoan
Y Coleman, B N Coleman, T
Connell N Cooper Y Crawford
Crews

Culbreth N Cunnnings
N Davis, G Y Davis, M
Day
Y DeLoach, B YDeLoach, G YDix
NDixon NDobbs N Dukes Y Ehrhart NEpps Y Evans YEverett
Felton NFloyd Y Franklin
N Golden Graves Greene
Y Grindley Hammontree
N Hanner N Harbin N Heard NHecht NHeckstall
NHegstrom NHenson N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, H

N Hudson, N N Hugley Nlrvin
Y Jackson N James N Jamieson N Jenkins
Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly NLane NLee Y Lewis NLord
Lucas Maddox 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 Parham

Parrish N Parsons N Pelote Y Perry Y Pinholster NPoag NPolak N Ponder N Porter N Powell NPurcell N Ragas
Randall NRay N Reaves NReichert YRice Y Richardson N Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett
Scheid Y Scott N Shanahan
NShaw NSherrill
NShipp NSims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L

N Smith, L.R N Smith, P E Smith, T Y Smith, V NSmyre YSnelling
NSnow N Stalling
NStancil, F Y Stancil, S N Stanley, L N Stanley, P
Stephens N Taylor
Teague NTeper N Thomas N Tillman N Titus
Y Tolbert NTrense N Tumquest NTwiggs N Walker, L Y Walker, RL
Y Watson NWest Y Westmoreland YWhi taker
N Wiles N Williams, B Y Williams, J N Williams, R YWorthan YYates
Murphy, Spkr

2222

JOURNAL OF THE HOUSE,

On the motion, the ayes were 53, nays 106. The motion was lost.

Representative Walker of the 141st moved that the House reconsider the previous question.
On the motion, the roll call was ordered and the vote was as follows:

N Alien
N Anderaon YAshe Y Bailey
YBannister YBarfoot Y Barnard YBanm
NBato YBenefield YBiidaong Y Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn Y Buikhalter YByrd Y Campbell Y Canty YCaah YChannell N Childen Y Clark YCoan Y Coleman, B YColeman, T
Connell Y Cooper YCrawford
Crews

Culbreth Y Cummings
Y Davit, G Y Davis, M
Day YDeLoach,B
YDeLoach, G NDii
Dizon YDobba
N Dukes YEhrhart YEpps Y Evans
Evcrett Y Felton YFloyd Y Franklin N Golden
Graves
YGreene Y Grindley Y Hammontree
Hanner Y Harbin
N Heard YHecht NHeckstaU YHegstrom YHenson Y Holland N Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson Y James YJamieson Y Jenkins
Johnson
Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis
Lord Y Lucas
Maddoz YMann Y Manning
Y Martin, J Y Martin, J.L
YMaasey NMcBee YMcCall Y McClinton Y McKinney Y Mills
Y Mobley YMosley YMueller YO-Neal YOirock
Parham

Parrish Y Parsons Y Pelote N Perry
Pinholster Poag YPolak Y Ponder Y Porter YPowell YPurceU YRagas YRandall YHay Y Reaves Y Reichert NRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders YSauder Y Scarlett Scheid Y Scott Y Shanahan NShaw YSherrill
YShipp NSims Y Sinkfield
Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P E Smith, T Y Smith, V YSmyre YSnelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephens Y Taylor
Teague YTeper Y Thomas Y Tillman N Titus YTolbert YTrense Y Turnquest YTwiggs Y Walker, L N Walker, R.L Y Watson YWest Y Westmoreland YWhitaker
YWUes Y Williams, B
Y Williams, J Y Williams, R Y Worthan
NYates Murphy, Spkr

On the motion, the ayes were 142, nays 18. The motion prevailed.

Representative Walker of the 141st moved that debate on SR 532 be limited to five minutes with the exception of the presenter.
The motion prevailed.

The following Committee substitute was read:

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, Wildlife, and Recreation Heritage Fund from which funds shall be disbursed for the purposes of local government recreation grants and acquiring, conserving, managing, or preserving Georgia's natural and historic areas, water resources, and wildlife habitats; to provide for payments into the heritage fund; to provide for the applicability of certain provisions of the Constitution; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

WEDNESDAY, MARCH 18, 1998

2223

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article III, Section IX, Paragraph VI of the Constitution is amended by adding at the end thereof a new subparagraph (k) to read as follows:

"(k) The General Assembly is required to provide by law for the creation of a Land, Water, Wildlife, and Recreation Heritage Fund from which funds shall be disbursed for the purposes of: (1) local government recreation grants; and (2) acquiring, conserv
ing, managing, or preserving Georgia's natural and historic areas, water resources, and wildlife habitats. The General Assembly shall provide by law for a portion of the mon eys derived from the real estate transfer tax to be transferred to the heritage fund.
The General Assembly may also provide by general law for the dedication and deposit into the heritage fund of revenues raised from other specific sources for the purposes
of the heritage fund. The heritage fund shall constitute a separate account in the state treasury. Heritage fund proceeds shall be specifically identified by the Governor in the annual budget as a separate category entitled 'heritage fund proceeds'; and, in the General Appropriations Act, the General Assembly shall appropriate not more than 25
percent of the heritage fund proceeds for local government recreation grants and not more than 75 percent of the heritage fund proceeds for the other purposes authorized in this subparagraph. The General Assembly may provide by law for the administra
tion of the heritage fund and may provide for the sunset or termination of the heri tage fund or any or all of its revenue sources. Moneys paid into the heritage fund shall not be subject to the provisions of Article III, Section IX, Paragraph IV(c), relative
to lapsing of funds, or of Article VII, Section III, Paragraph II, relative to funds paid into the state treasury, except that moneys appropriated from the heritage fund and not committed shall lapse back to the heritage fund."

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 require the General Assembly to provide by law for the creation of a Land, Water, Wildlife, and Recreation Heritage Fund from which funds shall be disbursed for the pur
poses of local government recreation grants and acquiring, conserving, managing, or preserving Georgia's natural and historic areas, water resources, and wildlife habitats, with moneys derived from an increase in
the real estate transfer tax to be dedicated to the heritage fund?"

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:

Representative Breedlove of the 85th moves to amend the Committee substitute to SR 532 as follows:
Page 2 line 2 after the word "subpargraph" add the following:
All fund proceeds shall be spent in the county in which the funds are raised.

2224

JOURNAL OF THE HOUSE,

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

N Alien N Anderson
NAshe N Bailey Y Bannister NBarfoot N Barnard NBarnes N Bates NBenefield NBirdsong Y Bohannon N Bordeaux N Bradford YBreedlove Y Bridges N Brooks Y Brown NBuck YBuckner YBunn YBurkhalter
NByrd Y Campbell
N Canty YCaih NChannell
NChilders Y Clark YCoan YColeman, B NColeman, T NConneU
Y Cooper N Crawtord
Crews

N Culbreth N Cummings
NDavis, G YDavis, M
Day YDeLoach,B YDeLoach, G YDix NDixon NDobbs N Dukes
YEhrhart NEpps Y Evans NEverett YFetton NFloyd Y Franklin
N Golden Graves
NGnene YGrindley Y Hanunontree N Manner
Y Harbin N Heard
YHecht NHeckstall NHegstrom NHenson
N Holland N Holmes N Houston
N Howard YHudgens N Hudson, H

N Hudson, N N Hugley NIrvin Y Jackson N James N Jamieson NJenkins
Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly NLane NLee Y Lewis NLord N Lucas N Maddox YMann Y Manning N Martin, J N Martin, J.L YMassey NMcBee NMcCaU N McClinton NMcKinney Y Mills N Mobley NMosley Y Mueller NO-Neal NOrrock NParham

NParrish Y Parsons NPelote
N Perry YPinholster NPoag NPolak N Ponder N Porter NPowell NPurcell
NRagas NRandall
NRay N Reaves N Reichert YRice Y Richardson N Roberts Y Rogers N Royal Y Sanders YSauder NScarlett YScheid 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 64, nays 108. The amendment was lost.

Y Smith, L.R N Smith, P E Smith, T Y Smith, V NSmyre YSnelling NSnow NStallings NStancil, F Y Stancil, S N Stanley, L N Stanley, P
Stephens N Taylor
Teague NTeper
N Thomas NTUlman
N Titus Y Tolbert YTrense N Turnquest
YTwiggs N Walker, L Y Walker, R.L
N Watson NWest Y Westmorland YWhi taker N Wiles N Williams, B Y Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

The following amendment was read and adopted:

Representatives Porter of the 143rd, Irvin of the 45th, Hudgens of the 24th and Walker of the 141st move to amend the Committee substitute to SR 532 by adding after the period on line 2 of page 2 the following:
"Funding for recreation grants shall be appropriated to one or more executive branch agencies and shall be awarded by such agency or agencies through a competitive grant process which shall be equally open to all units of local government."

The following amendment was read:

Representatives Crawford of the 129th and Manning of the 32nd move to amend the Com mittee substitute to SR 532 by adding after the period on line 26 of page 1 the following:
"However, with respect to property which qualified for a homestead exemption immedi ately prior to a transfer with respect to which real estate transfer tax is to be imposed, there shall be no increase in the rate of real estate transfer taxation above the rate in effect on January 1, 1998."

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

WEDNESDAY, MARCH 18, 1998

N Alien NAnderson NAshe N Bailey Y Bannister NBarfoot Y Barnard NBames N Bates NBenefleld NBirdsong YBohannon N Bordeaux Y Bradford YBreedlove Y Bridge. N Brook* Y Brown NBuck YBuckner YBunn YBurkhaltar NByrd Y Campbell N Canty YCaah NChannell YChilders Y Clark
YCoan YColeman, B NColeman, T NConnell N Cooper YCrawford
Crews

Y Culbreth N Cununings NDavi,, G Y Davis, M
Day YDeLoach, B YDeLoach, G YDii NDixon NDobbs NDukes YEhrhart NEpps Y Evans YEverett NFelton NPloyd Y Franklin N Golden
Grave> NGreene
YGrindley YHanunontree NHanner Y Harbin N Heard YHecht NHeckstall KHegstrom
Henson N Holland N Holmes N Houston N Howard YHudgens
Hudson, H

N Hudson, N NHugley Nlrvin Y Jackson
N James NJamieson NJenkins
Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly NLane NLee Y Lewis NLord N Lucas NMaddox YMann Y Manning N Martin, J N Martin, J.L
YManey NMcBee YMcCall N McClinton N McKinney Y Mills NMobley NMosley YMueller NO'Neal NOmck NParham

NParrish Y Parsons NPelote Y Perry YPinholster YPoag NPolak N Ponder N Porter YPowell NPurcell NRagas NRandall NRay N Reaves NReichert NRice Y Richardson N Roberts Y Rogers N Royal Y Sanders YSauder NScarlett 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 71, nays 100. The amendment was lost.

2225
Y Smith, L.R N Smith, P E Smith, T Y Smith, V NSmyre YSnelling NSnow NStallings NStancil, F YStancil, S N Stanley, L N Stanley, P
Stephens NTaylor NTeague NTeper N Thomas NTillman N Titus YTolbert YTrense NTumquest NTwiggs N Walker, L Y Walker, RX N Watson YWest YWestmoreland NWhi taker N Wiles N Williams, B Y Williams, J Y Williams, R YWorthan YYatw
Murphy, Spkr

The following amendment was read:

Representatives Porter of the 143rd, Irvin of the 45th, Hudgens of the 24th and Walker of the 141st move to amend the Committee substitute to SR 532 by striking all matter on lines 19 through 29 of page 2 and inserting in place thereof the following:

'"( ) YES ( ) NO

Shall the Constitution be amended so as to require the General Assembly to provide by law for the creation of a Land, Water, Wildlife, and Recreation Heritage Fund, with moneys derived from an increase in the real estate transfer tax from $1.00 to $2.00 per $1,000.00, from which funds shall be disbursed for the purposes of local government recreation grants and for acquiring, conserving, managing, or preserving Georgia's natural and historic areas, water resources, and wildlife habitats? The tax increase will take effect only if this constitutional amendment is approved by the voters.'"

The following amendment was read:

Representatives Davis of the 60th and Mann of the 5th move to amend the Porter amend ment to the Committee substitute to SR 532 as follows:
By striking lines 10-12 on page 1 and inserting in lieu thereof the following:
"derived from the existing one-fourth (Vi) mill state property tax, from which funds shall be disbursed."

2226

JOURNAL OF THE HOUSE,

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

N Alien N Andenon NAshe N Bailey Y Bannister NBaifoot Y Barnard YBarnes Y Bates N Benefield NBirdsong Y Bohannon N Bordeaux Y Bradford Y Breedlove Y Bridges N Brooks Y Brown NBuck N Buckner Y Bunn Y Burkhalter NByrd Y CampbeU Y Canty YCash NChanneU N Childers Y Clark YCoan Y Coleman, B N Coleman, T YConnell Y Cooper Y Crawford
Crews

Y Culbreth N Cummings N Davis, G Y Davis, M
Day YDeLoach, B Y DeLoach, G YDix NDiion
NDobbs N Dukes YEhrhart
NEpps Y Evans
Y Everett YFeHon NFlbyd Y Franklin N Golden
Graves N Greene Y Grindley Y Hammontree N Manner Y Harbin
N Heard YHecht NHeckstall NHegstrom NHenson N Holland N Holmes
N Houston N Howard Y Hudgens N Hudson, H

N Hudson, N N Hugley Ylrvin
N Jackson N James N Jamieson N Jenkins
Johnson Y Johnston
Y Jones Y Joyce YKaye YLadd YLakly NLane NLee Y Lewis NLord
N Lucas N Maddoi YMann Y Manning N Martin, J N Martin, J.L
YMassey NMcBee NMcCall N McClinton N McKinney Y Mills
N Mobley N Moeley Y Mueller NO'Neal
NOrrock N Parham

NParrish Y Parsons
Pelote Y Perry Y Pinholster
YPoag NPolak Y Ponder N Porter N Powell NPurcell
NRagas NRandall
NBay N Reaves Y Reichert
YRice Y Richardson N Roberts Y Rogers
N Royal Y Sanders
Y Sauder N Scarlett Y Scheid
Y Scott N Shananan
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 76, nays 96. The amendment was lost.

N Smith, L.R N Smith, P E Smith, T Y Smith, V NSmyre YSnelling
NSnow NStallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P
Stephens N Taylor NTeague NTeper N Thomas NTfflman N Titus Y Tolbert YTrense N Tumquest NTwiggs N Walker, L Y Walker, R.L
N Watson YWest Y Westmoreland Y Whitaker N Wiles N Williams, B
Y Williams, J Y Williams, R YWorthan
YYates Murphy, Spkr

The Porter amendment was adopted.

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 Anderaon YAshe Y Bailey N Bannister YBarfoot N Barnard
YBarnes Y Bates Y Benefield NBirdsong N Bohannon Y Bordeaux Y Bradford N Breedlove N Bridges

Y Brooks N Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y CampbeU
Y Canty NCash YChannell Y Childers Y Clark NCoan Y Coleman, B Y Coleman, T

Y Connell Y Cooper N Crawford
Crews N Culbreth Y Cummings Y Davis, G N Davis, M
Day N DeLoach, B Y DeLoach, G NDix YDixon YDobbs Y Dukes NEhrhart

YEpps N Evans Y Everett Y Felton Y Floyd N Franklin
Y Golden Graves
Y Greene N Grindley N Hammontree
YHanner 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 Ylrvin
N Jackson Y James Y Jamieson Y Jenkins
Johnson

WEDNESDAY, MARCH 18, 1998

2227

N Johnston Y Jones N Joyce NKaye NLadd NLakly YLane YLee N Lewis YLord Y Lucas Y Maddox NMann
N Manning Y Martin, J Y Martin, J.L NMaasey YMcBee YMcCall Y McClinton

Y McKinney N Mills
Y Mobley Y Mosley Y Mueller YO'Neal YOrrock YParham YParrish N Parsons Y Pelote N Perry Y Pinbolster NPoag YPolak Y Ponder Y Porter Y Povrell
YPurcell YRagas

YRandall
YRay Y Reaves Y Reichert NRice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett N Scheid N Scott Y Shanahan YShaw YSherriU
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 NSnelling YSnow
YStallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P
Stephens Y Taylor YTeague YTeper

Y Thomas YTillman Y Titus NTolbert YTrense Y Turnquest YTwiggs Y Walker, L
N Walker, R.L Y Watson Y West
N Westmorland NWhitaker Y Wiles Y Williams, B N Williams, J Y Williams, R N Worthan NYates
Murphy, Spkr

On the adoption of the Resolution, by substitute, as amended, the ayes were 124, nays 49.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute, as amended.

The following message was received from the Senate through Mr. Eldridge, 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 1730. By Representatives Walker of the 141st, Buck of the 135th, Dix of the 76th 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 Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:

HB 1394. By Representatives Channell of the lllth, Rogers of the 20th, Reichert of the 126th 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 President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Griffin of the 25th, Cagle of the 49th and Ray of the 48th.

2228

JOURNAL OF THE HOUSE,

The Senate insists on its substitute to the following bill of the House:

HB 409. By Representatives Porter of the 143rd, Taylor of the 134th, O'Neal of the 75th and others:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, so as to provide that driver's education shall be an authorized high school program.

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

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.

The Senate has agreed to the House substitute as amended by the Senate to the fol lowing bill of the Senate:

SB 444. By Senators Oliver of the 42nd, Scott of the 36th, Stokes of the 43rd and Thomas of the 10th:
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 adheres to its substitute and has appointed a Committee of Conference on the following bill 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.

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Ray of the 48th, Thomas of the 10th and Turner of the 8th.

The Senate adheres to its amendments and has appointed a Committee of Conference on the following bill of the House:

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 President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Ray of the 48th, Gillis of the 20th and Bowen of the 13th.

WEDNESDAY, MARCH 18, 1998

2229

The Speaker announced the House in recess until 8:15 o'clock this evening.

2230

JOURNAL OF THE HOUSE,

EVENING SESSION

The Speaker called the House to order.

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

HR 1392. By Representatives Byrd of the 170th, Porter of the 143rd, Ashe of the 46th and Cummings of the 27th:
A resolution recognizing and commending Mary Will.

HR 1393.

By Representatives Orrock of the 56th, Stanley of the 50th, Ashe of the 46th, Sinkfield of the 57th, Trense of the 44th and others:
A resolution urging the members of the Georgia General Assembly and the citizens of Georgia to join in a dialogue on race relations.

HR 1394. By Representative Ashe of the 46th: A resolution commending Gregory "Gus" Sherman.

HR 1395.

By Representatives Ashe of the 46th, Williams of the 83rd, Porter of the 143rd and Coleman of the 80th:
A resolution commending Ms. Jackie Hendrix and the past and present members of the Pharr Elementary School Chorus.

HR 1396. By Representative Bailey of the 93rd:
A resolution recognizing Beverly Elizabeth Blount Grayson on the event of her 80th birthday.

HR 1397. By Representatives Buckner of the 95th, Murphy of the 18th, Davis of the 48th, Walker of the 141st, Skipper of the 137th and others:
A resolution commending the Women's Rights Movement.

HR 1398. By Representatives Martin of the 47th, Hudgens of the 24th, Massey of the 86th, Rice of the 79th, Hegstrom of the 66th and others:
A resolution expressing regret at the passing of Winnie Stancil Jordan.

HR 1399. By Representatives Buckner of the 95th, Pelote of the 149th, Hudson of the 156th, Coleman of the 142nd, Sinkfield of the 57th and others:
A resolution commending the Georgia Power Foundation.

HR 1400.

By Representatives Smith of the 103rd, Murphy of the 18th, Ashe of the 46th, Felton of the 43rd, Coleman of the 142nd, Henson of the 65th and oth ers:
A resolution commending Honorable Betty Jo Williams.

HR 1401. By Representatives Brooks of the 54th, McKinney of the 51st, Holmes of the 53rd, Stanley of the 49th, Stanley of the 50th and others:
A resolution honoring the life of Charles E. Price.

WEDNESDAY, MARCH 18, 1998

2231

HR 1402. By Representatives Snow of the 2nd, Murphy of the 18th, Smith of the 109th, Reaves of the 178th, Hudson of the 156th and others:
A resolution recognizing Betts Berry.

HR 1403.

By Representatives Martin of the 47th, Orrock of the 56th and Ashe of the 46th:
A resolution recognizing and commending Atlanta's Inman Middle School as the 1998 State Champions of the Academic Bowl for Middle Grades.

HR 1404. By Representative Coleman of the 80th: A resolution recognizing Frank M. Ewing.

HR 1405.

By Representatives Martin of the 47th and Harbin of the 113th:
A resolution recognizing and commending the Professional Association of Georgia Educators (PAGE) Foundation and the Academic Bowl for Middle Grades.

HR 1406.

By Representative Coleman of the 80th:
A resolution recognizing and commending the study and understanding of the significance of the Declaration of Independence, the United States Con stitution, and the Federalist Papers.

SR 766. By Senators Langford of the 29th, Taylor of the 12th, Roberts of the 30th and others:
A resolution urging the Georgia congressional delegation and the United States Congress to reject any legislation that would exempt health plans sponsored by associations and multiple employer welfare arrangements from state insurance standards and oversight.
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 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.

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 YAndenon YAshe Y Bailey Y T*flniftfrT YBarfoot Y Barnard YBarnes

Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove
Bridges

Y Brooks Y Brown
Buck Buckoer YBunn Y Burkhalter YByrd Y Campbell

Canty YCash Y Channel! Y Childera Y Clark YCoan Y Coleman, B
Coleman, T

Y Cornell Y Cooper
Crawford Y Crews YCulbreth Y Cummings
Davis, G Y Davis, M

2232

JOURNAL OF THE HOUSE,

Day Y DeLoach, B Y DeLoach, G YDix YDixon
YDobbs Y Dukes YEhrhart
YEpps Evans
YEverett Y Fetton
Floyd Y Franklin
Golden Graves YGnene Grindley Y Hanunontree Manner Harbin
Y Heard Hecht
YHeckstall
YHegstrom YHenson Y Holland
Hobnes

Y Houston Y Howard YHudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin
Y Jackson James
Y Jamieson
YJenkins Johnson
Y Johnston Jones Joyce
YKaye ELadd YLakly YLane YLee Y Lewis
Lord
Lucas Maddox
YMann Y Manning
Y Martin, J Martin, J.L

YMassey YMcBee YMcCall
Y McClinton McKinney
YMills Mobley
YMosley Mueller O'Neal Orrock Parham Parrish
Y Parsons Y Pelote
Perry
Y Pinholster YPoag YPolak
Ponder Y Porter YPowell
YPurcell YRagas
Randall
YRay Y Reaves Y Reichert

YRice Y Richardson
Roberts
Rogers
Y Royal N Sanders
Sauder YScarlett Y Scheid Y Scott Y Shanahan
Shaw YSherriU
Shipp Sims Sinkfield Y Skipper Y Smith, C Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Y Smith, V Smyre YSnelling YSnow YStalUngs

Y Stancil, F Stancil, S Stanley, L Stanley, P Stephens
Y Taylor Teague
YTeper Y Thomas
Tillman Y Titus
Tolbert Trense Tumquest YTwiggs 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 118, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

Representatives Hecht of the 97th and Trense of the 44th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

SB 700. By Senator Thomas of the 10th:
A bill to amend Article 2 of Chapter 19 of Title 45 of the Official Code of Georgia Annotated, relating to fair employment practices, so as to prohibit public employers from requiring public employees or applicants to agree to not receive certain overtime or compensatory time; to provide for definitions; to provide for conditions and limitations; to provide an effective date.

The following amendment was read:

Representative Thomas of the 148th moves to amend SB 700 as follows:
Line 30 after employment, add - the employer is required to grant comp time at the employees discretion...

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

N Alien
N Anderson NAshe Y Bailey N Bannister NBarfoot N Barnard NBarnes
Bates Y Benefield N Birdsong NBohannon

Y Bordeaux N Bradford N Breedlove
Bridges Y Brooks N Brown NBuck
Buckner YBunn N Burkhalter NByrd N Campbell

Canty YCash N Channel! N Childers N Clark NCoan N Coleman, B
Coleman, T N Connell
Cooper N Crawford N Crews

N Culbreth N CuHuninirs
Davis, G
N Davis, M Day
Y DeLoach, B N DeLoach, G NDix YDixon NDobbs Y Dukes NEhrhart

NEpps Evans
N Everett N Felton
Floyd
N Franklin N Golden
Graves Y Greene
Grindley N Hanunontree N Manner

WEDNESDAY, MARCH 18, 1998

2233

N Harbin N Heard NHecht YHeckstaU
Hegstrom YHenson N Holland
Holmes N Houston N Howard NHudgens N Hudson, H N Hudson, N NHugley NIrvin N Jackson
James N Jamieson NJenkins
Johnson NJohnston
Jones N Joyce NKaye

ELadd YLakly
Lane YLee N Lewis
NLord Lucas Maddox
NMann N Manning N Martin, J
Martin, J.L NMassey NMcBee NMcCall N McClinton
McKinney N Mills
Mobley NMosley NMueller YOTJeal
Orrock YParham

NParrish N Parsons
Y Pelote Y Perry N Pinholster
YPoag NPolak
Ponder N Porter N Powell NPurcell YRagas
Randall NRay N Reaves N Reichert NRice N Richardson Y Roberta N Rogers N Royal N Sanders
Sauder NScarlett

N Scheid N Scott NShanahan
Shaw N Sberrill NShipp YSims
Sinkfield
Skipper N Smith, C N Smith, C.W
N Smith, L N Smith, L.R N Smith, P N Smith, T N Smith, V
Smyre Snelling NSnow YStallings Stancil, F N Stancil, S Y Stanley, L Y Stanley, P

Stephens Taylor Teague NTeper Y Thomas NTilhnan N Titus Tolbert NTrense Turnquest NTwiggs N Walker, L N Walker, RX Y Watson
NWest N Westmorland NWhitaker N Wiles N Williams, B N Williams, J N Williams, R NWorthan NYates
Murphy, Spkr

On the adoption of the amendment, the ayes were 27, nays 113. The amendment was lost.

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

Y Alien Y Andersen NAahe Y Bailey N Bannister YBarfoot N Barnard YBarnes
Bates Benefield YBirdsong YBohannon Y Bordeaux N Bradford Breedlove Bridges Y Brooks Y Brown YBuck Buckner NBunn N Burkhalter YByrd
N Campbell Y Canty NCash Y Channel! YCbilden Y Clark NCoan
YColeman, B Coleman, T
YConneU
N Cooper YCrawford N Crews

N Culbreth Y Cummings
Y Davis, G N Davis, M
Day YDeLoach,B
Y DeLoach, G NDix YDixon YDobbs Y Dukes NEhrhart YEpps
Evans NEverett YFelton
Floyd N Franklin Y Golden
Graves YGreene N Grindley N Hammontree Y Manner N Harbin Y Heard YHecht Y Heckstall
Hegstrom YHenson Y Holland
Holmes Y Houston Y Howard NHudgens Y Hudson, H

Y Hudson, N Y Hugley NIrvin
N Jackson Y James Y Jamieson YJenkins
Johnson N Johnston
Jones
N Joyce NKaye ELadd NLakly NLane YLee N Lewis YLord
Lucas Maddox NMann N Manning Y Martin, J Martin, J.L NMassey YMcBee YMcCaU Y McClinton McKinney N Mills Mobley
YMosley Y Mueller YO'Neal
Orrock
YParham

YParrish N Parsons Y Pelote Y Perry N Pinholster
YPoag YPolak
Ponder Y Porter Y Powell YPurcell YRagas
Randall YRay Y Reaves Y Reichert NRice Y Richardson Y Roberts Y Rogers Y Royal N Sanders
Sauder Y Scarlett N Scheid Y Scott
YShanahan Shaw Sherrill
NShipp YSims Y Sinkfield Y Skipper Y Smith, C
N Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T N Smith, V Y Smyre
Snelling YSnow NStallings
Stancil, F N Stancil, S Y Stanley, L Y Stanley, P
Stephens Y Taylor
Teague YTeper Y Thomas YTUlman
Titus Tolbert YTrense
Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson NWest N Westmorland NWhitaker N Wiles Y Williams, B N Williams, J
Williams, R YWorthan
NYates Murphy, Spkr

On the passage of the Bill, the ayes were 97, nays 49. The Bill, having received the requisite constitutional majority, was passed.

2234

JOURNAL OF THE HOUSE,

Representative Bannister of the 77th moved that the House reconsider its action in giving the requisite constitutional majority to SB 700.
On the motion, the roll call was ordered and the vote was as follows:

N Alien
N Andenon YAshe N Bailey Y Bannister NBarfoot Y Barnard NBarnes
Bates N Benefield NBirdsong Y Bohannon N Bordeaux Y Bradford
Breedlove
Y Bridges
N Brooks
Y Brown
NBuck Buckner
YBunn Y Burkhalter NByrd Y Campbell N Canty YCash N Chann^U N Childen
Clark YCoan N Coleman, B
Coleman, T NConneU Y Cooper N Crawford Y Crews

Y Culbreth Y Cummings N Davis, G Y Davis, M
Day YDeLoach, B YDeLoach, G YDix NDixon NDobbs N Dukes YEhrhart NEpps
YEverett N Felton
Floyd Y Franklin
Golden Graves NGreene Y Grindley Y Hanunontree N Banner Y Harbin N Heard NHecht NHeckstall NHegstrom YHenson N Holland 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 ELadd YLakly YLane
NLee Y Lewis
NLord Lucas Maddox Mann
Y Manning
N Martin, J Martin, J.L
YMawey NMcBee NMcCall N McClinton
McKinney Y Mills
Mobley
NMosley N Mueller NO'Neal
Orrock NParham

On the motion, the ayes were 67, nays 79. The motion was lost.

NPamnh Y Parsons
N Pelote N Perry Y Pinholster YPoag NPolak
Ponder
N Porter NPowell NPurcell
NRagas Randall
NRay N Reaves N Reichert YRice N Richardson N Roberts Y Rogers N Royal Y Sanders
Sauder Y Scarlett Y Scheid Y Scott N Shanahan
Shaw NSherrill YShipp
NSime N Sinkfield N Skipper N Smith, C Y Smith, C.W
N Smith, L

Y Smith, L.R N Smith, P
Smith, T Y Smith, V NSmyre YSnelUng NSnow YStaUings
Stancil, F YStancil, S N Stanley, L N Stanley, P
Stephens N Taylor
Teague NTeper N Thomas NTUlman N Titus
Tolbert YTrense
Turnquest YTwiggs
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

HR 609. By Representatives Rogers of the 20th and Tolbert of the 25th:
A resolution creating the House Study Committee on Early Childhood Immunization.

The following Committee substitute was read and adopted:

A RESOLUTION
Creating the House Study Committee on Early Childhood Immunization; and for other purposes.
WHEREAS, immunization in the early childhood years of life is critically important to a child's future health and mental and physical development; and
WHEREAS, current Georgia law requires presentation of a certificate of immunization before a child may be admitted to a child care facility or to a public or private school; and
WHEREAS, current Georgia law may not be adequate to ensure immunization at the proper time, which is up to and around two years of age; and

WEDNESDAY, MARCH 18, 1998

2235

WHEREAS, an in-depth study of this issue is necessary and appropriate.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on Early Childhood Immunization to be composed of the following members: five members of the House of Representatives to be appointed by the Speaker of the House of Representatives; the director of the Division of Public Health of the Department of Human Resources or such person's designee; the dis trict director of a health district or such person's designee; and not more than six members of the public, including a representative of the Professional Association of Georgia Educa tors, a representative of the Georgia Association of Educators, a representative of the Georgia School Superintendents Association, and a representative of the Georgia Chapter of the American Academy of Pediatrics to be appointed by the Speaker of the House with such persons' consent. The chairperson of the State Board of Education or his or her des ignee and the State School Superintendent or his or her designee shall be invited to be members of and to take part in the deliberations of the committee. The Speaker of the House shall designate a member of the committee as chairperson of the committee. The chairperson shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the condi tions, needs, issues, challenges, and opportunities mentioned above or related thereto and shall develop and recommend legislation which the committee deems necessary or appro priate to address such issues. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized; and the nonlegislative members of the committee shall serve without compensation. Except as oth erwise provided in this resolution, the funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 1997. The committee shall stand abolished on December 31, 1997.

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 YAnderaon YAshe Y Bailey Y Bannister
Barfoot N Barnard Y Barnes
Bates Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck Buckner N Bunn NBurkhalter NByrd N Campbell

Y Canty N Cash Y Channel! Y Childere Y Clark N Coan Y Coleman, B Y Coleman, T
Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G N Davis, M
Day Y DeLoach, B Y DeLoach, G N Dix Y Dixon Y Dobbs Y Dukes Y Ehrhart

Y Epps Evans
Y Everett Y Felton Y Floyd N Franklin Y Golden
Graves Y Greene N Grindley Y Hammontree Y Hanner 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 Y Jackson Y James Y Jamieson Y Jenkins
Johnson Y Johnston
Jones N Joyce N Kaye E Ladd N Lakly Y Lane
Lee Y Lewis Y Lord Y Lucas
Maddox Y Mann Y Manning Y Martin, J
Martin, J.L

Y Massey Y McBee Y McCall Y McClinton
McKinney N Mills
Mobley Y Mosley Y MueUer Y O'Neal
Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Poag Y Polak Y Ponder Y Porter Y Powell Y Purcell Y Ragas

2236

JOURNAL OF THE HOUSE,

YRsndaU YRay Y Reaves YReichert
NRioe Y Richardson Y Roberta Y Roger. Y Royal NSandera YSauder YScarlett

YScheid Y Scott Y Shanahan
YShaw YShrarill
YShipp YSinu YSinkfield YSkippM Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith,?
Smith, T N Smith, V
YSmyre NSnelling YSnow Y Stalling!
StancU, F Y StancU, S Y Stanley, L Y Stanley,?

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 N Westmoreland NWhitaker Y Wiles Y Williams, B
Williams, J Y Williams, R Y Worthan NYates
Murphy, Spkr

On the adoption of the Resolution, by substitute, the ayes were 134, nays 22.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

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.

The report of the Committee, which was favorable to the 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
YBaraee Y Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges
Y Brooks Y Brown YBuck
Buckner YBunn
Burkhslter YByrd Y Campbell
Y Canty YCash YChannell YChUders Y Clark YCoan YColeman, B
Coteman, T YConneU Y Cooper Y Crawford
Y Crews

YCulbreth Y Gumming* Y Davis, G YDavis, M
Day YDeLoach, B
YDeLoach,G YOU YDixon YDobbs Y Dukes YEhrhart YEpps Y Evans YEverett YFelton YFloyd N 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
Jamieson YJenkins
Johnson
Y Johnston Y Jones Y Joyce YKaye ELadd YLakly YLane YLee Y Lewis
YLord Lucas
YMaddoi YMann Y Manning Y Martin, J
Y Martin, J.L YMassey YMcBee YMcCall
Y McClinton McKinney
Y Mills YMobley YMosley YMueUer YO'Neal YOrrock YParham

YParrish Y Parsons YPelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter YPowell
YPurceU YRagas YRandaU
Ray Y Reaves YReichert YRice Y Richardson Y 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

On the passage of the Bill, the ayes were 165, nays 1.

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre YSnelling YSnow YStsllings Y StancU, F Y StancU,S Y Stanley, L Y Stanley, P Y Stephens Y Taylor Y Teague YTeper Y Thomas Y Tillman Y Titus Y Tolbert YTrense Y Turnquest
Walker, L Y Walker, RL Y Watson YWest Y Westmoreland YWhitaker Y Wiles
Williams, B Y Williams, J Y Williams, R Y Worthan YYates
Murphy, Spkr

WEDNESDAY, MARCH 18, 1998

2237

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

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 following Committee substitute was read:

A BILL
To amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreation, so as to create the Land, Water, Wildlife, and Recreation Heritage Fund; to provide for definitions; 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; to provide for contributions to the heritage fund; to provide for transfers to the heritage fund by governmental entities; to provide for the dedication and deposit of revenues into the heritage fund; to provide that funds deposited or transferred into the heritage fund shall not lapse at the end of a fiscal year; to provide for the promulgation of rules and regulations; to provide for the authority of the Department of Natural Resources with respect to the administration of the heritage fund; to provide for appropriation by the General Assembly; to provide for the creation of a Land, Water, Wildlife, and Recreation Heritage Fund Advisory Council; to provide for membership and functions of such council; to provide for an annual report; to provide a conditional effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreation, is amended by adding at the end a new Article 10 imme diately following Article 9 to read as follows:
"ARTICLE 10
12-3-630. This article is passed pursuant to the authority of Article III, Section IX, Paragraph VI(k) of the Constitution.
12-3-631. As used in this article, the term:
(1) 'Department' means the Department of Natural Resources. (2) 'Heritage fund' means the Land, Water, Wildlife, and Recreation Heritage Fund created by Code Section 12-3-632.
12-3-632. (a) There is created the Land, Water, Wildlife, and Recreation Heritage Fund as a sepa rate fund in the state treasury. The director of the Office of Treasury and Fiscal Ser vices shall credit to the heritage fund all amounts dedicated, transferred, or contributed to such heritage fund and shall invest the heritage fund moneys in the same manner as authorized for investing other moneys in the state treasury. (b) The heritage fund shall be funded in accordance with the provisions of this article. All moneys deposited in or transferred to the heritage fund shall not lapse to the general fund at the end of the fiscal year.

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JOURNAL OF THE HOUSE,

(c) The moneys deposited in the heritage fund may be appropriated and expended only for the purposes of:
(1) Assisting local governments with grants to be used for the acquisition and improvement of parks and recreational facilities; and (2) For acquiring, conserving, managing, or preserving Georgia's natural and historic areas, water resources, or wildlife habitats that meet or achieve one of the following purposes:
(A) The conservation and protection of native wildlife habitat; (B) The conservation and protection of rare, threatened, or endangered species hab itat; (C) The protection of watersheds of streams that are used for public water supply; (D) The protection of the purity of ground water; (E) The protection of river corridors; (F) The protection of wetlands; (G) The protection of mountain or coastal areas; (H) The conservation of land to provide a park or public recreation area which is made significant by reason of its natural features or scenic beauty, or of land that may be adjacent thereto; (I) The preservation of significant historical, archeological, or cultural areas; (J) The rehabilitation of historic or prehistoric resources that are owned or operated by local governments or nonprofit organizations that are listed in or eligible for list ing in the Georgia Register of Historic Places and that meet funding guidelines as provided by rules and procedures of the Heritage 2000 program; or (K) The administration of the heritage fund and the management of any state owned or state operated area that is acquired or purchased for one of the other pur poses provided for in this subsection.
12-3-633. The heritage fund shall initially be funded from any increase in the rate of the real estate transfer tax collected for purposes of the heritage fund in accordance with Article 1 of Chapter 6 of Title 48 and from other sources as authorized in this article.
12-3-634. After January 1, 1999, any person or entity is authorized to contribute to the heritage fund. The contribution of public funds to the heritage fund shall be a valid public pur pose for which those funds may be expended. Contributions to the heritage fund shall be irrevocable and shall not include any limitation upon the use of such contributions except as permitted by this article.
12-3-635. After July 1, 1999, any state or local public or governmental entity is authorized to transfer moneys to the heritage fund. Transfer of funds under control of any state or local public or governmental entity shall be a valid public purpose for which those funds may be expended. Such transfers shall be irrevocable and shall be used only for the pur poses contained in Code Section 12-3-632.
12-3-636. The General Assembly may provide for the dedication and deposit of revenues from spe cific sources into the heritage fund.
12-3-637. Contributions and revenues deposited in or transferred to the heritage fund shall not lapse to the general fund at the end of the fiscal year.
12-3-638. (a) The department shall establish by rules the purposes for which contributions and transfers to the heritage fund may be made. Such purposes shall be consistent with the purposes contained in Code Section 12-3-632. Those rules shall be promulgated by the

WEDNESDAY, MARCH 18, 1998

2239

Board of Natural Resources pursuant to Chapter 13 of Title 50, the 'Georgia Adminis trative Procedure Act,' notwithstanding any exclusion or exemption otherwise provided in that chapter. (b) Subject to appropriations to the department, the department may make and execute contracts, agreements, and other instruments for the purpose of facilitating transfers to the heritage fund. (c) The department shall establish the manner of disbursement of any funds appropri ated to it pursuant to this article.
12-3-639. (a) In the budget report to the General Assembly, as a separate budget category entitled 'heritage fund proceeds,' the Governor shall estimate the amount of net proceeds and treasury earnings thereon to be credited to the heritage fund during the fiscal year and the amount of unappropriated surplus to be accrued in the fund at the beginning of the fiscal year. The sum of estimated net proceeds, treasury earnings thereon, and unappro priated surplus shall be designated heritage fund proceeds. (b) In the budget report the Governor shall further make specific recommendations as to the purposes for which appropriations should be made from the heritage fund. The General Assembly shall appropriate from the heritage fund by specific reference to it. All appropriations of heritage fund proceeds to any particular budget unit shall be made together in a separate part entitled, identified, administered, and accounted for sepa rately as a distinct budget unit for heritage fund proceeds. In any appropriations Act, no more than 25 percent of the heritage fund proceeds shall be appropriated for assist ing local governments with grants to be used for the acquisition and improvement of parks and recreational facilities, and no more than 75 percent of the heritage fund pro ceeds shall be appropriated for use for the other purposes authorized in paragraph (2) of subsection (c) of Code Section 12-3-632. Such appropriations shall otherwise be made in the manner required by law for appropriations. (c) Appropriations of heritage fund proceeds not committed during the fiscal year shall lapse to the heritage fund account in the state treasury and thereafter may be appropri ated only as authorized in this Code section. (d) Except as qualified by this article, appropriations of heritage fund proceeds shall be subject to Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act.' (e) In calculating net revenue collections for the revenue shortfall reserve and midyear adjustment reserve, the state auditor shall not include heritage fund proceeds. (f) Funds appropriated to the department pursuant to this Code section may be used to match federal, state, local, or private funds which are made available for purposes consistent with those set forth in subsection (c) of Code Section 12-3-632, and lands pur chased or acquired with state matching funds as permitted in this Code section may be acquired by the United States or any county, municipality, or other local government.
12-3-640. (a) There is created a Land, Water, Wildlife, and Recreation Heritage Fund Advisory Council composed of 15 members appointed by the Governor for four-year terms. There shall be at least one member from each congressional district in the state. Members of the council shall include representatives from the business community, members of the general public, and representatives from public organizations which have an expressed interest in issues relating to the environment, historic preservation, wildlife, and recre ation. (b) A majority of members of the council shall constitute a quorum. Vacancies on the council shall be filled by appointment by the Governor to serve the remainder of the applicable term. (c) The members of the council attending meetings of such council, or attending a sub committee meeting thereof authorized by such council, shall receive no salary but shall be reimbursed for their expenses in attending meetings and for transportation costs as authorized by Code Section 45-7-21, which provides for compensation and allowances of certain state officials. (d) The functions of the council shall be to:

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JOURNAL OF THE HOUSE,

(1) Review, comment upon, and make recommendations to the department on appro priate expenditures to be made from the heritage fund. (2) Monitor the implementation of any recommendations that are accepted; (3) Encourage the contribution of funds to the heritage fund from appropriate sources; and (4) Perform such other functions as may be specified for the council by the depart ment.
12-3-641. The department shall annually report to the General Assembly on its use of heritage funds appropriated to the department pursuant to this article."
SECTION 2. This Act shall become effective on January 1, 1999, upon ratification by the voters of this state at the 1998 November general election of that proposed amendment to Article III, Section IX, Paragraph VI of the Constitution authorizing the General Assembly to provide for the creation of a Land, Water, Wildlife, and Recreation Heritage Fund and to provide for payments into the heritage fund; provided, however, that if such amendment is not so ratified, this Act shall be null and void and shall stand repealed in its entirety.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Joyce of the 1st moves to amend the Committee substitute to SB 496 as follows:
Page 5 line 39 strike "the United States or"
Page 5 insert after line 40
"(g) Lands acquired or purchased with money from the fund shall not be voluntarily transferred to the federal government or any international agency or organization."

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

N Alien NAndenon NAshe N Bailey Y Bannister NBarfoot Y Barnard NBaraes N Bates NBenefield N Birdgong YBohannon N Bordeaux Y Bradford YBreedlove Y Bridges N Brooks Y Brown
Buck YBuckner YBunn
Burkhalter NByrd N Campbell
Canty YCash NChanneU

Y Guilders Y Clark YCoan Y Coleman, B
Coleman, T N Cornell Y Cooper N Crawtord Y Crews N Culbreth Y Cummings N Davis, G Y Davis, M
Day Y DeLoach, B Y DeLoach, G Y Diz N Dizon NDobbs N Dukes Y Ehihart N Kpps Y Evans N Everett Y Felton NFloyd Y Franklin

N Golden Y Graves N Greene Y Grindley Y Hammontree N Manner Y Harbin N Heard Y Hecht N Heckstall N Hegstrom N Henson N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley N Irvin Y Jackson
James N Jamieson N Jenkins
Johnson Y Johnston

N Jones Y Joyce Y Kaye E Ladd Y Lakly N Lane
Lee Y Lewis N Lord
Lucas Y Maddoi Y Mann Y Manning N Martin, J N Martin, J.L Y Massey N McBee N McCall N McClinton
McKinney Y Mills N Mobley N Mosley
Mueller N O'Neal N Orrock N Parham

N Parrish Y Panons Y Pelote Y Perry Y Pinholster N Poag N Polak N Ponder N Porter N Powell N Purcell N Ragas N Randall
Ray Reaves N Reichert Y Rice Y Richardson N Roberts N Rogers N Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan

WEDNESDAY, MARCH 18, 1998

2241

NShaw NSherrill YShipp NSims NSinkfield N Skipper Y Smith, C Y Smith, C.W N Smith, L

Y Smith, L.R Y Smith,?
Smith, T Y Smith, V
Smyn YSnelling YSnow N Stalling
Stancil, F

Y Stancil, S N Stanley, L N Stanley, P N Stephen. NTaylor
Teague NTeper N Thomas NTillman

Y Titus NTolbert NTienn
N Turnquest YTwiggi
Walker, L
Y Walker, R.L N Watson NWeat

On the adoption of the amendment, the ayes were 73, nays 87. The amendment was lost.

Y Westmoreland YWhitaker YWiln N William., B YWttlianu,J Y William., R YWorthan YYatea
Murphy, Spkr

The following amendment was read and adopted:

Representatives Porter of the 143rd, Irvin of the 45th, Hudgens of the 24th and Walker of the 141st move to amend the Committee substitute to SB 496 by adding after the period on line 20 of page 5 the following:
"Funding for recreation grants shall be appropriated to one or more executive branch agencies and shall be awarded by such agency or agencies through a competitive grant process which shall be equally open to all units of local government and shall be subject to Article 5 of Chapter 5 of Title 28, the 'Fair and Open Grants Act of 1993.'"

Representative Joyce of the 1st moved that the House reconsider its action in failing to adopt the Joyce amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Alien NAndenon NAahe N Bailey Y Bannister
NBarfoot Y Barnard NBarnes NBatea NBenefield NBirdsong YBohannon N Bordeaux Y Bradford NBnedlove Y Bridges N Brooks N Brown
Buck NBuckner YBunn
Burkhalter NByrd N Campbell
Canty YCaah N Channel!
NChilden Y Clark YCoan NColeman, B
Coleman, T NConnell Y Cooper
Crawford Y Crews

NCulbreth Y CununingB NDavis, G YDavis, M
Day Y DeLoach, B YDeLoach, G YDta NDixon NDobbe N Dukes YEhrhart NEppa Y Evans
Everett YFelton NFloyd Y Franklin
N Golden Y Graves NGreene Y Grindley
Hammontree N Manner
Harbin N Heard NHecht NHeckstall NHegstrom NHenson
N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, H

N Hudson, N NHugley N Irvin
N Jackson James
NJamieson N Jenkins
Johnson N Johnston N Jones
Y Joyce YKaye ELadd YLakly NLane
Lee Y Lewis
Lord Lucas
YMaddox Mann
Y Manning Martin, J
N Martin, J.L
YMassey NMcBee NMcCall N McClinton
McKinney Y Mills
NMobley NMosley
Mueller NO'Neal NOrrock NParham

On the motion, the ayes were 55, nays 100.

NParrish Y Parsons NPelote
N Perry Y Pinholster NPoag NPolak N Ponder N Porter NPowell NPurcell NRagas NRandall NRay N Reaves NReichert YRice Y Richardson
N Roberts Y Rogers N Royal Y Sanders YSauder YScarlett YScheid Y Scott N Shanahan NShaw NSherrill YShipp NSims
NSinkfield 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 YSnelling YSnow NStallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephens NTaylor N Teague NTeper N Thomas NTilhnan N Titus NTolbert
Trense NTurnquest
Walker, L Y Walker, R.L N Watson N West Y Westmoreland NWhitaker
Wiles Y Williams, B N Williams, J
Williams, R YWorthan Y Yates
Murphy, Spkr

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JOURNAL OF THE HOUSE,

The motion was lost.

The Committee substitute, as amended, was adopted.

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

Y Alien Y Andersen
Y Ashe Y Bailey Y Bannister YBarfoot Y Barnard
YBaines Y Bates Y Benefield
YBirdsong YBohannon
Y Bordeaux Y Bradford Y Breedlove N Bridges Y Brooks Y Brown YBuck Y Buckner
N Bunn Burkhalter
YByrd Y Campbell
Canty NCash Y Channel! Y Childers Y Clark NCoan Y Coleman, B
Coleman, T Y Connell Y Cooper
Crawford Y Crews

Y Culbreth N CummingB
Y Davis, G N Davis, M
Day Y DeLoach, B
Y DeLoach, G ND NDixon YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett YFelton YFloyd N 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 Y Hudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin
N Jackson James
Y Jamieson Y Jenkins
Johnson N Johnston Y Jones N Joyce NKaye ELadd NLakly YLane
Lee N Lewis YLord
Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L NMassey YMcBee YMcCall Y McClinton Y McKinney N Mills Y Mobley YMosley
Mueller Y O'Neal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster
YPoag YPolak Y Ponder
Y Porter Y Powell YPurcell YRagas YRandall YRay Y Reaves Y Reichert NRice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid
Y Scott Y Shanahan YShaw YSherriU YShipp YSims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T N Smith, V Y Smyre NSneUing 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 Y Turnquest
Twiggs Walker, L N Walker, R.L Y Watson Y West Y Westmoreland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R
Y Worthan N Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 142, nays 24.

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 adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:

SB 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.

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Thompson of the 33rd, Johnson of the 1st and Hill of the 4th.

WEDNESDAY, MARCH 18, 1998

2243

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

HB 408. By Representative Barnes of the 33rd:
A bill to amend Chapter 5 of Title 19 of the Official Code of Georgia Anno tated, relating to divorce, so as to provide that when a court awards real property or an interest in real property located in this state in any judgment or decree issued pursuant to said chapter, within 30 days after granting the order, the court shall cause a certificate for the order to be filed with the clerk of the superior court in the county of this state where the real property or any part of the real property is located.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

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.

Representative Benefield of the 96th moved that the House adhere to its position in substituting SB 337 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 Benefield of the 96th, Dobbs of the 92nd and Channell of the lllth.

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

HOUSE RULES CALENDAR WEDNESDAY, March 18, 1998
Mr. Speaker and Members of the House:
Your Committee on Rules met and submits the following supplemental to the calendar already adopted this March 18, 1998, by adding the following:
SB 7 Prerty where drug paraphernalia sold; declare nuisance (Cheeks - 23rd)
SB 261 Nonprofit Hospital Autho. - subject to cert, conflicts of int. (Harbison - 15th)
SB 524 Civil Practice Act - service of offers of settlement (Perdue - 18th)
Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect.
Respectfully submitted, M Lee of the 94th
Chairman

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JOURNAL OF THE HOUSE,

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

HB 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 Senate substitute was read:

A BILL
To make provisions for water recreation safety; 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; to provide for zero tolerance for drugs and alcohol under such circumstances for persons under the age of 21; to provide for a cause of action for child endangerment under such circumstances; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for legislative purpose with respect to swimming pool safety; to provide a definition; to provide for annual permits; to provide for inspections by county boards of health; to provide for rules and regulations to be adopted by the Department of Human Resources related to regulation of the design, oper ation, and maintenance of public swimming pools; to provide for suction hazard reduction; to provide for the suspension or revocation of permits under certain conditions; to provide for related matters; 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 52 of the Official Code of Georgia Annotated, relating to waters of the state, is amended by adding at the end of Code Section 52-7-12, relating to operation of vessels, water skis, aquaplanes, and surfboards while under influence of alcohol or drugs, new sub sections (j), (k), and (1), to read as follows:
"(j) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (k) of this Code section, if there was at that time or within three hours after operating, navigating, steering, driving, or being in actual physical control of a moving vessel or personal watercraft from alcohol con sumed before such operating, navigating, steering, driving, or being in actual physical control ended an alcohol concentration of 0.02 grams or more in the person's blood, breath, or urine, the person shall be hi violation of subsection (k) of this Code section.
(k)(l) A person under the age of 21 shall not operate, navigate, steer, drive, or be in actual physical control of any moving vessel, moving water skis, moving aquaplane, moving surfboard or similar moving device, or personal watercraft while the person's alcohol concentration is 0.02 grams or more at any time within three hours after such operating, navigating, steering, driving, or being in actual physical control from alcohol consumed before such operating, navigating, steering, driving, or being in actual physi cal control ended. (2) No plea of nolo contendere shall be accepted for any person under the age of 21 charged with a violation of this Code section. (1) A person who violates this Code section while transporting in a moving vessel or per sonal watercraft or towing on water skis, an aquaplane, a surfboard or similar device a child under the age of 14 years is guilty of the separate offense of endangering a child

WEDNESDAY, MARCH 18, 1998

2245

by operating a moving vessel or personal watercraft under the influence of alcohol or drugs. The offense of endangering a child by operating a moving vessel or personal watercraft under the influence of alcohol or drugs shall not be merged with the offense of operating a vessel under the influence of alcohol or drugs for the purposes of prosecu tion and sentencing. An offender who is convicted of a violation of this subsection shall be punished in accordance with the provisions of subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child."
SECTION 2. Said title is further amended by adding a new Code Section 52-7-12.5 to read as follows:
"52-7-12.5.
(a) The test or tests required under Code Section 52-7-12 shall be administered as soon as possible at the request of a law enforcement officer having reasonable grounds to believe that the person has been operating or was in actual physical control of a moving vessel upon the waters of this state in violation of Code Section 52-7-12 and the officer has arrested such person for a violation of Code Section 52-7-12, any federal law in con formity with Code Section 52-7-12, or any local ordinance which is identical to Code Section 52-7-12 in accordance with Code Section 52-7-21 or the person has been involved in a boating accident resulting in serious injuries or fatalities. Subject to Code Section 52-7-12, the requesting law enforcement officer shall designate which test shall be administered, provided that the officer shall require a breath test or a blood test and may require a urine test. (b) At the time a chemical test or tests are requested, the arresting officer shall select and read to the person the appropriate implied consent warning from the following:
(1) Implied consent notice for suspects under age 21: 'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your privi lege to operate a vessel on the waters of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing, the results of that test or tests may be used against you. If the results of such test or tests indicate an alco hol concentration of 0.02 grams or more or the presence of any illegal drug, your privilege to operate a vessel on the waters of this state may be suspended for a min imum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?'; or
(2) Implied consent notice for suspects age 21 or over: 'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your privi lege to operate a vessel on the waters of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing, the results of that test or tests may be used against you. If the results of such test or tests indicate an alco hol concentration of 0.10 grams or more or the presence of any illegal drug, your privilege to operate a vessel on the waters of this state may be suspended for a min imum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?'
If any such notice is used by a law enforcement officer to advise a person of his or her rights regarding the administration of chemical testing, such person shall be

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deemed to have been properly advised of his or her rights under this Code section and under Code Section 52-7-12.6 and the results of any chemical test, or the refusal to submit to a test, shall be admitted into evidence against such person. This notice shall be deemed sufficient if such notice read by arresting officer is substantially complied with.
(c) Subsection (b) of this Code section shall apply to any case wherein the request for chemical testing is made regarding an offense committed on or after June 1, 1998. Sub section (b) of this Code section shall not apply to any case wherein the request for chemical testing was made regarding an offense committed prior to June 1, 1998, in which case those provisions of former Code Section 52-7-12 governing the admissibility of evidence of results of chemical testing or refusal to submit to chemical testing which were in effect at the time the offense was committed shall apply. (d) If a person under arrest or a person who was involved in any boating accident resulting hi serious injuries or fatalities submits to a chemical test upon the request of a law enforcement officer and the test results indicate that a suspension of the privilege of operating a vessel on the waters of this state is required under this Code section, the results shall be reported to the department. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested
person had been operating or was in actual physical control of a moving vessel upon the waters of this state in violation of Code Section 52-7-12 or that such person had been
operating or was in actual physical control of a moving vessel upon the waters of this state and was involved hi a boating accident involving serious injuries or fatalities and that the person submitted to a chemical test at the request of the law enforcement offi
cer and the test results indicate either an alcohol concentration of 0.10 grams or more or, for a person under the age of 21, an alcohol concentration of 0.02 grams or more,
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 department shall suspend the person's privilege to operate a vessel upon the waters of this state pursuant to Code Section
52-7-12.6, subject to review as provided for in this Code section. (e) If a person under arrest or a person who was involved in any boating accident result ing in serious injuries or fatalities refuses, upon the request of a law enforcement officer,
to submit to a chemical test designated by the law enforcement officer as provided in subsection (a) of this Code section, no test shall be given; but the law enforcement offi
cer shall report the refusal to the department. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been operating or was in actual physical control of a moving vessel
upon the waters of this state in violation of Code Section 52-7-12 or that such person had been operating or was in actual physical control of a moving vessel upon the waters
of this state and was involved in a boating accident which resulted in serious injuries or fatalities and that the person had refused to submit to the test upon the request 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 department shall suspend the person's privilege of operating a vessel on the waters of this state for
a period of one year. (f)(l) The law enforcement officer, acting on behalf of the department, shall person
ally serve the notice of intention to suspend or disqualify the privilege of operating a vessel on the waters of this state of the arrested person or other person refusing
such test on such person at the time of the person's refusal to submit to a test or at the time at which such a test indicates that suspension or disqualification is required under this Code section. The officer shall forward to the department the notice of
intent to suspend and the sworn report required by subsection (d) or (e) of this Code section within ten calendar days after the date of the arrest of such person. The fail
ure of the officer to transmit the sworn report required by this Code section within ten calendar days shall not prevent the department from accepting such report and utilizing it in the suspension of an operator's privilege as provided in this Code sec
tion. (2) If notice has not been given by the arresting officer, the department, upon receipt
of the sworn report of such officer, shall suspend the person's privilege to operate a

WEDNESDAY, MARCH 18, 1998

2247

vessel and, by regular mail, at the last known address, notify such person of such sus pension. The notice shall inform the person of the grounds of suspension, the effective date of the suspension, and the right to review. The notice shall be deemed received three days after mailing. (g)(l) A person whose operator's privilege is suspended pursuant to this Code section shall request, in writing, a hearing within ten business days from the date of personal notice or receipt of notice sent by certified mail, return receipt requested, or the right to said hearing shall be deemed waived. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as is provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded. (2) The scope of the hearing shall be limited to the following issues:
(A)(i) Whether the law enforcement officer had reasonable grounds to believe the person was operating or in actual physical control of a moving vessel while under the influence of alcohol or a controlled substance and was lawfully placed under arrest for violating Code Section 52-7-12. (ii) Whether the person was involved in a vessel accident or collision resulting in serious injury or fatality; (B) Whether at the time of the request for the test or tests the officer informed the person of the person's implied consent rights and the consequence of submitting or refusing to submit to such test and: (i) Whether the person refused the test; or
(ii) Whether a test or tests were administered and the results indicated an alcohol concentration of 0.10 grams or more or, for a person under the age of 21, an alco hol concentration of 0.02 grams or more; and
(C) Whether the test or tests were properly administered by an individual possess ing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation on an instrument approved by the Division of Forensic Sciences or a test conducted by the Division of Forensic Sciences, including whether the machine at the time of the test was operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good working order, which shall be required. A copy of the operator's permit showing that the operator has been trained on the particular type of instrument used and one of the original copies of the test results or, where the test is performed by the Division of Forensic Sciences, a copy of the crime lab report shall satisfy the requirements of this subparagraph.
(3) The hearing officer shall, within five calendar days after such hearing, forward a decision to the department to rescind or sustain the suspension of the person's privi lege to operate a vessel on the waters of this state. If no hearing is requested within the ten business days specified above, and the failure to request such hearing is due hi whole or in part to the reasonably avoidable fault of the person, the right to a hear ing shall have been waived. The request for a hearing shall not stay the suspension of the person's privilege to operate a vessel on the waters of this state; provided, how ever, that if the hearing is timely requested and is not held within 60 days and the delay is not due in whole or in part to the reasonably avoidable fault of the person, the suspension shall be stayed until such time as the hearing is held and the hearing officer's decision is made.
(4) In the event the person is acquitted of a violation of Code Section 52-7-12 or such charge is initially disposed of other than by a conviction or plea of nolo contendere, then the suspension shall be terminated. An accepted plea of nolo contendere shall be entered on the operator's record and shall be considered and counted as a conviction for purposes of any future violations of Code Section 52-7-12.
(h) If the suspension is sustained after such a hearing, the person whose privilege to operate a vessel on the waters of this state has been suspended under this Code section shall have a right to file for a judicial review of the department's final decision, as pro vided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; while such appeal is pending, the order of the department shall not be stayed.

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(i) Each time an approved breath-testing instrument is inspected, the inspector shall prepare a certificate which shall be signed under oath by the inspector and which shall include the following language:
"This breath-testing instrument (serial no. _________) was thoroughly inspected, tested, and standardized by the undersigned on (date _________) and all of its electronic and operating components prescribed by its manufacturer are properly attached and are in good working order.' When properly prepared and executed, as prescribed in this subsection, the certificate shall, notwithstanding any other provision of law, be self-authenticating, shall be admis sible in any court of law, and shall satisfy the pertinent requirements of paragraph (1) of subsection (c) of Code Section 52-7-12 and subparagraph (g)(2)(C) of this Code sec tion."
SECTION 3. Said title is further amended by adding a new Code Section 52-7-12.6 to read as follows:
"52-7-12.6.
(a) Any operator's privilege to operate a vessel on the waters of this state required to be suspended under subsection (d) of Code Section 52-7-12.5 shall be suspended subject to the following terms and conditions:
(1) Upon the first suspension pursuant to subsection (d) of Code Section 52-7-12.5 within the previous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspen sion is obtained, the period of suspension shall be for one year. Not sooner than 30 days following the effective date of suspension, the person may apply to the depart ment for reinstatement of his or her operator's privilege. Such privilege shall be rein stated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources. An operator's privilege suspended pursuant to Code Section 52-7-12.5 shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduc tion Program approved by the Department of Human Resources; (2) Upon the second suspension pursuant to subsection (d) of Code Section 52-7-12.5 within five years, as measured from the dates of previous arrests for which suspen sions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for three years. Not sooner than 120 days following the effective date of suspension, the person may apply to the department for reinstatement of the person's operator's privilege. Such privilege shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduc tion Program approved by the Department of Human Resources. An operator's privi lege suspended pursuant to Code Section 52-7-12.5 shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources; and (3) Upon the third or subsequent suspension pursuant to subsection (d) of Code Sec tion 52-7-12.5 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspen sion is obtained, the period of suspension shall be for not less than five years and until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources. (b) In all cases in which the department may return the privilege to operate a vessel on the waters of this state to an operator prior to the termination of the full period of suspension, the department may require such tests of operating skill and knowledge as it determines to be proper, and the department's discretion shall be guided by the operator's past operating record and performance. (c) Any person who operates a vessel or personal watercraft on any of the waters of this state at a time when such person's privilege to do so has been suspended shall be guilty of a misdemeanor."
SECTION 4. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by add ing at the end thereof a new Chapter 43 to read as follows:

WEDNESDAY, MARCH 18, 1998

2249

"CHAPTER 43
31-43-1.
The purpose of this chapter is to protect the public health and safety through the proper design, operation, and maintenance of public swimming pools.
31-43-2.
As used in this chapter, the term 'public swimming pool,' 'swimming pool,' or 'pool' means any structure, chamber, or tank containing an artificial body of water used by the public for swimming, diving, wading, recreation, or therapy, together with buildings, appurtenances, and equipment used in connection with the body of water, regardless of whether a fee is charged for its use. The term includes municipal, school, hotel, motel, apartment, boarding house, athletic club, or other membership facility pools and spas. This chapter shall not apply to:
(1) A private pool serving a single family dwelling and used only by the residents of the dwelling and their guests; (2) A private pool serving only members of a club or residents of a subdivision or pri vate apartment community and their guests; or (3) Therapeutic pools used in physical therapy programs operated by medical facilities licensed by the department or operated by a licensed physical therapist or therapeutic chambers drained, cleaned, and refilled after each individual use.
31-43-3.
(a) On or after July 1, 1998, a permit shall be obtained from the county board of health in the county hi which a public swimming pool is located prior to construction or contin ued operation of a public swimming pool. When the ownership of a public swimming pool changes or if the pool is leased by the owner, it shall be the responsibility of the new owner or lessee to secure a permit issued in his or her name. (b) Unless suspended or revoked, a swimming pool operation permit shall be valid for the period of operation specified in the application, but in no event shall it be valid for more than 12 months.
31-43-4. A separate application for an operation permit must be submitted for each public swim ming pool. The owner or operator shall apply annually to the county board of health for an operator's permit. A form must be obtained from the county board of health to provide:
(1) The owner's name, address, and telephone number; (2) The operator's name, address, and telephone number; (3) The street address of the public swimming pool; (4) The physical location of the public swimming pool; (5) The type of public swimming pool; (6) The construction date, if applicable; (7) The proposed operating dates; (8) The type of disinfection; and (9) The signature of the owner or a designated representative of the owner.
31-43-5.
Construction of public swimming pools and additions and alterations to such pools may start only upon issuance and receipt of a permit pursuant to Code Section 31-43-3.
31-43-6.
A permittee shall notify the county board of health at the time of completion of the con struction of a public swimming pool to permit inspection before the pool is placed in operation.
31-43-7. Each public swimming pool shall be inspected by the county board of health to deter mine compliance with this chapter and with the rules and regulations adopted by the Department of Human Resources.

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31-43-8.
A permit for a public swimming pool may be suspended or revoked by the county board of health for failure to comply with the provisions of this chapter and the rules and reg ulations adopted by the Department of Human Resources.
31-43-9.
(a) The Department of Human Resources shall adopt and promulgate rules and regula tions concerning the construction and operation of public swimming pools. The Depart ment of Human Resources shall classify public swimming pools on the basis of size, usage, type, or any other appropriate factor and shall adopt requirements for each classi fication. The rules shall include requirements for:
(1) Submission and review of plans prior to construction; (2) Application, review, expiration, renewal, and revocation or suspension of an oper ating permit; (3) Inspection; (4) Design and construction including materials, depth and other dimensions, and standards for the abatement of suction hazards; and (5) Operation and safety including water source, water quality and testing, fencing, water treatment, chemical storage, toilet and bath facilities, measures to ensure the personal cleanliness of bathers, safety equipment and other safety measures, and sew age and other waste-water disposal. Public swimming pools constructed or remodeled prior to July 1, 1998, that do not meet specific design and construction requirements of the rules for public swimming pools adopted by the Department of Human Resources shall not be required to comply with design and construction requirements other than requirements related to the abatement of suction hazards. (b) No single drain, single-suction outlet public swimming pools less than 18 inches deep shall be allowed to operate.
31-43-10. Each county board of health and its duly authorized agents are authorized and empow ered to enforce compliance with the provisions of this chapter and the rules and regula tions relating to public swimming pools adopted and promulgated by the Department of Human Resources and, in connection therewith, to enter upon and inspect the premises of a public swimming pool at any reasonable time and in a reasonable man ner."
SECTION 5. This Act shall become effective June 1, 1998.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

The Speaker has ruled the Senate substitute not germane, therefore the House has disagreed to the Senate substitute.

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:

SB 666. By Senator Price of the 28th:
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.

The following amendment was read and adopted:

WEDNESDAY, MARCH 18, 1998

2251

Representative Porter of the 143rd et al. move to amend SB 666 as follows: Line 14 delete after schools:
or some person Add: or other school personnel may be.

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

Y Alien Y Andersen YAshe Y Bailey N Bannister YBarfoot Y Barnard Y Banes Y Bates Y Benefield YBirdsong Y Bobannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner
YBunn Burkhalter
YByrd Y Campbell
Canty YCash Y Channel!
Y Childere Y Clark YCoan
Y Coleman, B Coleman, T
YConnell
Y Cooper Y Crawford
Y Crews

Y Culbreth Y Cummings
Y DaTM, G Y Davis, M
Day Y DeLoach, B Y DeLoach, G YDix YDixon YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton YFloyd Y Franklin
Golden Y Graves
Y Greece Y Grindley Y Hammontree N Manner
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
Y Jamieson YJenkins
Johnson Y Johnston N Jones Y Joyce YKaye ELadd
YLakly YLane
Lee Y Lewis
YLord Lucas
Y Maddoi YMann Y Manning Y Martin, J Y Martin, J.L
YMassey YMcBee YMcCaJl Y McClinton Y McKinney Y Mills
Mobley
YMosley N MueUer 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 Y Roberts N Rogers N Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan NShaw 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 YSnelling YSnow YStaUings 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
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, as amended, the ayes were 156, nays 8.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 344. By Senator Perdue of the 18th:
A bill to amend Code Section 43-1-19 of the Official Code of Georgia Anno tated, relating to grounds for refusing to grant or revoking professional licenses, so as to provide for certain matters relating to judicial review of decisions of state examining boards; to provide for an effective date and applicability.

The following Committee substitute was read and adopted:

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JOURNAL OF THE HOUSE,

A BILL
To amend Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and embalmers, so as to change the provisions relating to apprentice ships; to repeal a provision relating to crematory licenses; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral direc tors and embalmers, is amended by striking subsection (b) of Code Section 43-18-41, relat ing to qualification of embalmers and funeral directors, and inserting in its place the following:
"(b) In addition to the qualifications set out in subsection (a) of this Code section, an applicant for an embalmer's license shall:
(1) Have graduated from a program at an accredited college of funeral service or such other college as provided by board rule; and (2) Have completed a minimum of 3,020 3.120 hours, pursuant to rules and regula tions of the board, of service as an apprentice as provided in Code Sections 43-18-50 through 43-18-54."
SECTION 2. Said chapter is further amended by striking subsection (c) of Code Section 43-18-50, relat ing to application for funeral service apprenticeships, and inserting in its place the follow ing:
"(c) The total period of apprenticeship shall be 3,020 3.120 hours and must be served hi a minimum of two yean and a maximum of seven years front the date ef- initial regis tration 18 months, but the two-year minimum period shall be in addition to the tune required to graduate from a college of funeral service or other college pursuant to para graph (1) of subsection (b) of Code Section 43-18-41. Under ne circumstances wffl the beard approve a person to be an apprentice for- mere than seven years daring- that persen% lifetime.-"
SECTION 3. Said chapter is further amended by striking Code Section 43-18-51, relating to renewal of apprenticeship registrations, and Code Section 43-18-52, relating to supervision of appren tices, and inserting in their respective places the following:
"43-18-51.
A registration of apprenticeship shall be renewable biennially upon payment of the renewal fee as provided by the board but shall not be renewed more than two tunes. Failure to renew a registration shall be the same as a revocation and such apprentice may be reregistered as provided in Code Section 43-18-54. The hours served after a reg istration has been revoked will not be carried forth into any subsequent apprenticeship period.
43-18-52. All apprentices shall be under the supervision and control of the board and shall upon application for licensure submit to the board proof of having served the required num ber of hours on forms provided by the board. After completing the 8,020 3,120 hours for apprenticeship within the specified period, they shall send the last report to the board regardless of the date. The information contained in the report shall be certified as correct by the funeral director in full and continuous charge and by the supervising funeral director and embalmer."
SECTION 4. Said chapter is further amended by striking subsection (g) of Code Section 43-18-72, which reads as follows:

WEDNESDAY, MARCH 18, 1998

2253

"(g) Notwithstanding any other provision of this chapter to the contrary, no person operating a crematory on January 1, 1992, shall be required, until July 1, 1994, to obtain a license from the board to operate such crematory."
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 Anderson YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove
Bridges Y Brooks Y Brown
Buck Y Buckner YBunn
Burkhalter YByrd Y Campbell
Canty YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B
Coleman, T Y Connell Y Cooper Y Crawford Y Crews

Culbreth Y Cummings Y Davis, G Y Davis, M
Day 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 YGreene Y Grindley Y Hammontree Y Manner 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 James
Y Jamieson Y Jenkins
Johnson Y Johnston Y Jones Y Joyce YKaye ELadd
YLakly YLane YLee YLewiB
YLord Lucas
Y Maddoi
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 Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett YScheid Y Scott
Shanahfln NShaw 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 YStaUings YStancil, F Y StancU, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague
YTeper Y Thomas
Tillman Y Titus YTolbert
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 YWorthan YYates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 161, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

The following Committee substitute was read and withdrawn:

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JOURNAL OF THE HOUSE,

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 pres ervation 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; to provide for duties and responsibilities of state agencies with respect to such properties; to provide for powers, duties, and authority of the Depart ment of Natural Resources and the Division of Historic Preservation of the Department of Natural Resources; to provide for requirements and procedures with respect to the fore going; 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.
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, is amended by adding four new Code sections at the end thereof, to be designated Code Sections 12-3-55, 12-3-56, 12-3-57, and 12-3-58, to read as follows:
"12-3-55.
(a) As used in this Code section, the term: (1) 'Director' means the director of the Division of Historic Preservation of the department. (2) 'Division' means the Division of Historic Preservation of the department. (b)(l) The heads of all state agencies shall assume responsibility for the preservation of historic properties which are owned by such agency. Prior to acquiring, construct ing, or leasing buildings for purposes of carrying out agency responsibilities, each state agency shall use, to the maximum extent, and as operationally appropriate and eco nomically feasible, historic properties available to the agency. Each agency shall undertake, consistent with the preservation of such properties and the mission of the agency and professional preservation standards established by the division, and in consultation with the 1998 Joint Study Committee on Historic Preservation, any pres ervation as may be necessary to effectuate this Code section. (2) Each state agency shall establish, in consultation with the division, a preservation program for the identification, evaluation, and nomination to the Georgia Register of Historic Places to further the protection of historic properties. Such program shall ensure that: (A) Historic properties under the jurisdiction of the agency are identified, evalu ated, and nominated to the Georgia Register of Historic Places; (B) Historic properties under the jurisdiction of the agency, as they are listed in or may be eligible for the Georgia Register of Historic Places, are managed and maintamed in a way that considers the preservation of their historic, archaeological, architectural and cultural values in compliance with historic preservation provisions of this part and gives special consideration to the preservation of such values in the case of properties designated as having historic significance to this state; (C) The agency's preservation related activities are carried out in consultation with other federal, state, and local agencies, Native American tribes, and the private sector; and (D) The agency's procedures for compliance with historic preservation provisions of this part: (i) Are consistent with procedures issued by the Environmental Protection Divi sion of the department pursuant to Chapter 16 of this title, the 'Environmental Policy Act,' as amended; (ii) Provide a process for the identification and evaluation of historic properties for listing in the Georgia Register of Historic Places and the development and implementation of agreements in consultation with the director, local govern ments, Native American tribes, and the interested public, as appropriate, regard ing the means by such adverse effects on such properties will be considered; and

WEDNESDAY, MARCH 18, 1998

2255

(iii) Provide for the disposition of Native American cultural items from state or tribal land in a manner consistent with Section 3(c) of the Native American Graves Protection and Repatriation Act, 25 U.S.C. 3002(c), as amended. (c) Each state agency shall initiate measures to assure that where, as a result of state action or assistance carried out by a state agency, a historic property is to be substan tially altered or demolished, timely steps are taken to make or have made appropriate records, and that such records are then deposited with the division for future use and reference. (d) The head of each state agency shall designate a qualified official to be known as the agency's 'preservation officer' who shall be responsible for coordinating that agency's activities under this Code section. Each preservation officer may, in order to be consid ered qualified, satisfactorily complete training programs established by the division. (e) Consistent with the agency's mission and mandates, all state agencies shall carry out agency programs and projects in accordance with the purposes of this Code section and give consideration to programs and projects which will further the purposes of this Code section. (f) The director shall review and comment on plans of transferees of surplus state owned historic properties not later than 90 days after such director's receipt of such plans to ensure that the prehistorical, historical, architectural, or culturally significant values will be preserved or enhanced. (g) Prior to the approval of any state undertaking which may directly and adversely affect any national historic landmark, the head of the responsible state agency shall, to the maximum extent possible, undertake such planning and actions as may be necessary to minimize harm to such landmark and shall afford the director an opportunity to com ment on the undertaking. (h) The director shall establish an annual preservation awards program and provide citations for special achievement to officers and employees of state agencies in recogni tion of their outstanding contributions to the preservation of historic resources. Such program may include the issuance of annual awards by the Governor to any citizen of the state recommended for such an award by the director. (i) The director shall promulgate regulations under which the requirements of this Code section may be waived in whole or in part in the event of a major natural disaster or an imminent threat to the national security. (j) Each state agency shall ensure that the agency will not grant a loan, loan guarantee, permit, license, or other assistance to an applicant who, with intent to avoid the require ments of this part, has intentionally and significantly adversely affected a historic prop erty to which the grant would relate or, having legal power to prevent it, allowed such significant adverse effect to occur unless the agency determines that circumstances jus tify granting such assistance despite the adverse effect created or permitted by the applicant. Each agency shall consult with the director and shall allow comment on the proposed action. (k) With respect to any undertaking subject to review under this part which adversely affects any property included or eligible for inclusion in the Georgia Register of Historic Places, the head of such agency shall document any decision made pursuant to this part. The head of such agency may not delegate his or her responsibilities pursuant to this part. Where a memorandum of agreement under this part has been executed with respect to an undertaking, such memorandum shall govern the undertaking and all of its parts. (1) In actions where the Georgia Department of Transportation is complying with and working under the provisions of Chapter 16 of this title, the 'Environmental Policy Act,' as amended, for state-aid actions and the National Environmental Policy Act of 1969, 16 U.S.C. 4321-4347, as amended, and Section 106 of the National Historic Preservation Act of 1966, 16 U.S.C. 470, as amended, for federal-aid actions, the Georgia Department of Transportation shall be exempt from the requirements of this Code section.
12-3-56.
(a) As used in this Code section, the term 'division' means the Division of Historic Pres ervation of the department.

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(b) The General Assembly recognizes that the State of Georgia has undertaken various efforts to revitalize the central business districts and in-town areas of municipalities in this state which have historically served as the centers for growth, commerce, and gov ernment hi our metropolitan areas. Accordingly, the General Assembly reaffirms the commitment to strengthen those municipalities by encouraging the location of state facilities in central business districts. The General Assembly also reaffirms the commit ment to provide leadership in the preservation of historic resources and to acquire and utilize space in suitable buildings of historic, architectural, or cultural significance. To this end, the state agencies shall utilize and maintain, wherever operationally appropri ate and economically prudent, historic properties and districts, especially those located in central business areas. When implementing these policies, state agencies shall insti tute practices and procedures that are sensible, understandable, and compatible with current authority and that impose the least burden on, and provide the maximum bene fit to, society. (c) Whenever operationally appropriate and economically prudent, when locating state facilities, state agencies shall give first consideration to historic properties within historic districts. If no such property is suitable, then state agencies shall consider other devel oped or undeveloped sites within historic districts. State agencies shall then consider historic properties outside of historic districts, if no suitable site within a district exists. Any rehabilitation or construction that is undertaken pursuant to this order must be architecturally compatible with the character of the surrounding historic district or properties. County, city, and other local governmental agencies are also encouraged to conform to this subsection. (d) State agencies with responsibilities for leasing, acquiring, locating, maintaining, or managing state facilities or with responsibilities for the planning for, or managing of, historic resources shall take steps to reform, streamline, and otherwise minimize regula tion, policies, and procedures that impede the state government's ability to establish or maintain a presence in historic districts or to acquire historic properties to satisfy state space needs, unless such regulations, policies, and procedures are designed to protect human health and safety or the environment. State agencies are encouraged to seek the assistance of the division when taking these steps. (e) In implementation of this part, the division and each state agency shall seek appro priate partnerships with local governments, Indian tribes, and appropriate private orga nizations with the goal of enhancing participation of these parties in the state historic preservation program. Such partnerships should embody the principles of administrative flexibility, reduced paperwork, and increased service to the public. (f) This Code section is not intended to create, nor does it create, any right or benefit, substantive or procedural, enforceable at law by a party against the State of Georgia, its agencies or instrumentalities, its officers or employees, or any other person.
12-3-57.
(a) As used in this Code section, the term: (1) 'Director' means the director of the Division of Historic Preservation of the department. (2) 'Division' means the Division of Historic Preservation of the department. (3) 'Local jurisdiction' means any county or municipality in this state and any duly authorized agency or instrumentality of a county or municipality.
(4) 'Museum' means a facility in this state which is organized on a nonprofit basis for essentially educational or preservation purposes and which:
(A) Owns or utilizes tangible inanimate objects of historical or cultural significance;
(B) Is organized for the care of those objects and exhibits them to the public on a regular schedule; and
(C) Interprets the state's cultural heritage or the state's history, natural history, or history of science and technology.
(5) 'Nonprofit organization' means a corporation, foundation, local jurisdiction, or other legal entity, no part of the net earnings of which inures to the benefit of any private shareholder or individual holding an interest in such entity.

WEDNESDAY, MARCH 18, 1998

2257

(6) 'Program' means the historical and cultural museum assistance program estab lished under subsection (e) of this Code section. (b)(l) It is found and declared by the General Assembly that:
(A) Historical and cultural heritage museums present, interpret, and preserve unusual and significant objects of this state's heritage for the benefit, enjoyment, and education of the citizens from every community in the state; (B) Historical and cultural heritage museums are unique and beneficial resources which supplement the state's educational system; (C) These museums are the repositories and caretakers of irreplaceable cultural items for the benefit not only of today's generation, but of those yet to come;
(D) Museums, many of which are located in small communities, play an important and cost-effective role in the leisure time and tourism industry of this state; and
(E) It is desirable that the entire history and heritage of the state be displayed and interpreted to the public where this happened, creating centers of community pride and dispersing tourist activity throughout the state. (2) The General Assembly declares that the public interest is served by the establish ment of a program of financial and technical assistance to help historical and cultural heritage museums become more accessible to the citizens and visitors of this state and to assist the citizenry in better understanding its diverse cultural heritage by support ing the upgrade, care, research, interpretation, documentation, and display of the state's irreplaceable historical and cultural museum collections. (c) Pending appropriation of funding to conduct such, there is established an historical and cultural museum assistance program in the division to provide assistance to local
jurisdictions and private nonprofit organizations for museums. (d) The department shall:
(1) Manage, supervise, and administer the program; and (2) Coordinate the program with federal, state, or private programs that complement
or facilitate carrying out the program. (e)(l) The purpose of the program is to make grants to local jurisdictions and non
profit organizations for use by museums for: (A) Research related to collections, exhibits, or other educational activities; (B) The care, conservation, interpretation, and documentation of collections;
(C) The planning, design, and construction of exhibits; (D) Educational programs and projects; (E) The development of master plans for museums, including activities required to
achieve accreditation by the American Association of Museums or other pertinent entity that provides museum accreditation; (F) The construction of minor structural modifications to existing museum facilities; and
(G) The development of plans and specifications and the provision of architectural, engineering, or other special services directly related to the construction or rehabili
tation of museum facilities. (2) Grants may not be made:
(A) For routine administrative overhead expenses; or (B) To museums operated, in whole or in part, by this state. (3) In any fiscal year, the commissioner may allocate up to 20 percent of the total
moneys appropriated for the program to be held in reserve for unanticipated projects that are eligible for assistance in accordance with paragraph (2) of subsection (d) of this Code section.
(4) The department shall make grants to museums giving due consideration to equal geographic distribution throughout the state.
(5) A grant may not exceed $10,000.00 to any single museum in any one year. (6) The department may not make a grant to a museum under this program unless
the museum has been in existence as a nonprofit institution for at least five years prior to the date of application for the grant, (f) The department shall:
(1) Conduct a survey to identify the locations, resources, and needs of museums in this state;

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(2) Provide technical and general advisory assistance to museums that qualify or seek to qualify for grants under the program; and (3) Encourage the development of long-range planning and accreditation by the Amer ican Association of Museums or other pertinent entity that provides museum accredi tation and assists museums in meeting professional standards. (g)(l) The department shall carry out the purposes of the program under provisions of Article 5 of Chapter 5 of Title 28, the 'Fair and Open Grants Act of 1993,' as amended. (2) The filing by the department with the Secretary of State under the provisions of Article 5 of Chapter 5 of Title 28, the 'Fair and Open Grants Act of 1993,' as amended, shall include:
(A) Application procedures and review processes; (B) Procedures for adequate public notice of available assistance under the pro gram; and (C) A set of selection criteria which the division shall consider in recommending approval of applications for grants and which must include:
(i) The relative merits of the project or activities within identified state-wide needs; (ii) The extent to which there is any contribution by the appropriate local juris diction to support the project being financed by the grant; (iii) The potential for the project to stimulate increased tourism, attendance, or museum self-sufficiency; and (iv) Other factors that may be relevant, such as the geographic distribution of grant assistance under the program.
12-3-58.
(a) As used in this Code section, the term: (1) 'Director' means the director of the Division of Historic Preservation of the department. (2) 'Division' means the Division of Historic Preservation of the department. (3) 'Grant fund' means the historic preservation grant fund created under subsection (b) of this Code section. (4) 'Grant program' means the historic preservation grant program created under sub section (b) of this Code section. (5) 'Historic property' means a district, site, building, structure, monument, or object significant in prehistory, history, upland and underwater archaeology, architecture, engineering, or culture of this state, including artifacts, records, and remains related to a district, site, structure, or object. (6) 'Local jurisdiction' means any county or municipality in this state and any duly authorized agency or instrumentality of a county or municipality. (7) 'Nonprofit organization' means a corporation, foundation, governmental entity, or other legal entity, no part of the net earnings of which inures to the benefit of any private shareholder or individual holding an interest in such entity. (8) 'Preservation' means the identification, evaluation, recordation, documentation, eviration, acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance, and reconstruction of a historic property.
(b) Pending appropriation of funding for such, there is created a historic preservation grant program to be administered by the division. The purpose of the grant program is to implement and encourage the preservation of historic properties as well as to promote interest in and study of such matters. (c) The division shall:
(1) Manage, supervise, and administer the grant program; and (2) Coordinate the grant program with federal or state programs that complement or facilitate carrying out the grant program.
(d) The grant program may be used to: (1) Make grants to nonprofit organizations and local jurisdictions for the purpose of acquiring, rehabilitating, or restoring historic properties;

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2259

(2) Make grants to nonprofit organizations and local jurisdictions for the purpose of financing costs directly related to the rehabilitation or restoration project, which may include the costs of studies, surveys, plans and specifications, and architectural, engi neering, or other special services; (3) Make grants to nonprofit organizations and local jurisdictions for the purpose of funding historic preservation education and promotion, including the research, survey, and evaluation of historic properties and the preparation of historic preservation plan ning and educational materials;
(4) Fund the costs of state and local preservation revolving funds for the restoration or rehabilitation of historic properties for resale or lease subject to appropriate preser vation covenants which may include costs directly related to restoration or rehabilita tion, such as the costs of studies, surveys, plans, and specifications and architectural, engineering, or other special services; (5) Fund historic preservation education and promotion by the division, including the research, survey, and evaluation of historic properties and the preparation of historic preservation planning documents and educational materials; and
(6) Fund the routine administration of the grant program. (e)(l) The director shall review and make recommendations to the commissioner, who shall approve each grant or expenditure of moneys from the grant fund.
(2) Except for the emergency reserve allocation referred to in paragraph (3) of this subsection, the director's recommendations to the commissioner on the granting of moneys from the grant fund to nonprofit organizations and local jurisdictions shall be based on a competitive selection process.
(3) In any given fiscal year, the commissioner may allocate up to 20 percent of the total moneys available in the grant fund to be held in reserve for unanticipated emer
gency use in accordance with subsection (d) of this Code section. (4) In any given year, expenditures for routine administration of the grant program may not exceed 10 percent of the total moneys available in the grant fund, (f) The division shall:
(1) Ensure that funding under the grant program for the acquisition, restoration, or
rehabilitation of historic properties is used only if the property has been listed in or is eligible for the Georgia Register of Historic Places; and
(2) Require recipients of grants made under the grant program to enter into an agree ment to preserve, maintain, and allow limited public access to the historic property.
This agreement shall be a recordable historic preservation easement if the property is real property, unless the commissioner has determined that such an agreement or easement is impracticable or infeasible under the circumstances in accordance with the regulations.
(g)(l) The department shall carry out the purposes of the grant program under provi sions of Article 5 of Chapter 5 of Title 28, the 'Fair and Open Grants Act of 1993,' as amended.
(2) In addition to provisions otherwise required by this Code section, the filing by the
department with the Secretary of State under the provisions of Article 5 of Chapter 5 of Title 28, the 'Fair and Open Grants Act of 1993,' as amended, shall include the following:
(A) Application procedures;
(B) Procedures for adequate public notice of available assistance under the grant program;
(C) Provisions for the review of plans and specifications and the inspection of projects during construction; and
(D) A set of selection criteria which the division must consider in recommending
approval of applications for grants and which must include:
(i) The relative historical or cultural significance of, and urgency of need for, the project being financed with the grant;
(ii) The extent to which there is any proposed contribution by the appropriate local jurisdiction to support the project being financed with the grant; and (iii) Other factors which may be relevant, such as the geographic distribution of
grant assistance from the grant fund.

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(h) On or before December 31 of each year, the division shall report to the Governor and the General Assembly the financial status of the grant program and a summary of its operations for the preceding year."
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 substitute, offered by Representative Jamieson of the 22nd, was read and adopted:

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 pres ervation 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; to provide for duties and responsibilities of state agencies with respect to such properties; to provide for powers, duties, and authority of the Depart ment of Natural Resources and the Division of Historic Preservation of the Department of Natural Resources; to provide for requirements and procedures with respect to the fore going; 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. 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, is amended by adding four new Code sections at the end thereof, to be designated Code Sections 12-3-55, 12-3-56, 12-3-57, and 12-3-58, to read as follows:
"12-3-55.
(a) As used in this Code section, the term: (1) 'Director' means the director of the Division of Historic Preservation of the department. (2) 'Division' means the Division of Historic Preservation of the department.
(b) The heads of all state agencies shall assume responsibility for the preservation of historic properties which are owned by such agency. Prior to acquiring, constructing, or leasing buildings for purposes of carrying out agency responsibilities, each state agency shall use, to the maximum extent, and as operationally appropriate and economically feasible, historic properties available to the agency. (c) The provisions of this Code section shall be implemented as follows:
(1) Each agency shall commence by not later than December 31, 1998, consistent with the preservation of such properties and the mission of the agency and professional preservation standards established by the division and in consultation with the divi sion and with the 1998 Joint Study Committee on Historic Preservation, a study of planning processes which may be required for any preservation as may be necessary to effectuate this Code section; (2) Not later than February 15, 1999, each state agency to which this Code section will become applicable shall prepare cost estimates for the implementation of this Code section which shall include, but not be limited to, agency implementation costs and personnel utilizations. An annually updated report of such cost estimates shall be presented to the Appropriations Committee of the House of Representatives and the Appropriations Committee of the Senate during the 1999 and 2000 regular sessions of the General Assembly;

WEDNESDAY, MARCH 18, 1998

2261

(3) Not later than May 1, 1999, each state agency shall formally adopt a process for developing a preservation program; (4) Not later than July 1, 1999, each state agency shall commence formulation of a preservation program; and (5) Not later than July 1, 2000, each state agency shall establish and implement, in consultation with the division, a preservation program for the identification, evalua tion, and nomination of historic properties to the Georgia Register of Historic Places to further the protection of such historic properties. (d) Each agency preservation program shall ensure that: (1) Historic properties under the jurisdiction of the agency are identified, evaluated, and nominated to the Georgia Register of Historic Places; (2) Historic properties under the jurisdiction of the agency, as they are listed in or may be eligible for the Georgia Register of Historic Places, are managed and main tained in a way that considers the preservation of their historic, archaeological, archi tectural and cultural values in compliance with historic preservation provisions of this part and gives special consideration to the preservation of such values in the case of properties designated as having historic significance to this state; (3) The agency's preservation related activities are carried out in consultation with other federal, state, and local agencies, Native American tribes, and the private sector; and (4) The agency's procedures for compliance with historic preservation provisions of this part:
(A) Are consistent with procedures issued by the Environmental Protection Division of the department pursuant to Chapter 16 of this title, the 'Environmental Policy Act,' as amended; (B) Provide a process for the identification and evaluation of historic properties for listing in the Georgia Register of Historic Places and the development and imple mentation of agreements in consultation with the director, local governments, Native American tribes, and the interested public, as appropriate, regarding the means by such adverse effects on such properties will be considered; and (C) Provide for the disposition of Native American cultural items from state or tribal land in a manner consistent with Section 3(c) of the Native American Graves Protection and Repatriation Act, 25 U.S.C. 3002(c), as amended.
(e) Each state agency shall initiate measures to assure that where, as a result of state action or assistance carried out by a state agency, a historic property is to be substan tially altered or demolished, timely steps are taken to make or have made appropriate records, and that such records are then deposited with the division for future use and reference.
(f) The head of each state agency shall designate a qualified official to be known as the agency's 'preservation officer' who shall be responsible for coordinating that agency's activities under this Code section. Each preservation officer may, in order to be consid ered qualified, satisfactorily complete training programs established by the division.
(g) Consistent with the agency's mission and mandates, all state agencies shall carry out agency programs and projects in accordance with the purposes of this Code section and give consideration to programs and projects which will further the purposes of this Code section.
(h) The director shall review and comment on plans of transferees of surplus state owned historic properties not later than 90 days after such director's receipt of such plans to ensure that the prehistorical, historical, architectural, or culturally significant values will be preserved or enhanced.
(i) Prior to the approval of any state undertaking which may directly and adversely affect any national historic landmark, the head of the responsible state agency shall, to the maximum extent possible, undertake such planning and actions as may be necessary to minimize harm to such landmark and shall afford the director an opportunity to com ment on the undertaking.
(j) The director shall establish an annual preservation awards program and provide cita tions for special achievement to officers and employees of state agencies in recognition

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of their outstanding contributions to the preservation of historic resources. Such pro gram may include the issuance of annual awards by the Governor to any citizen of the state recommended for such an award by the director. (k) The director shall promulgate regulations under which the requirements of this Code section may be waived in whole or in part in the event of a major natural disaster or an imminent threat to the national security. (1) Each state agency shall ensure that the agency will not grant a loan, loan guarantee, permit, license, or other assistance to an applicant who, with intent to avoid the require ments of this part, has intentionally and significantly adversely affected a historic prop erty to which the grant would relate or, having legal power to prevent it, allowed such significant adverse effect to occur unless the agency determines that circumstances jus tify granting such assistance despite the adverse effect created or permitted by the applicant. Each agency shall consult with the director and shall allow comment on the proposed action. (m) With respect to any undertaking subject to review under this part which adversely affects any property included or eligible for inclusion in the Georgia Register of Historic Places, the head of such agency shall document any decision made pursuant to this part. The head of such agency may not delegate his or her responsibilities pursuant to this part. Where a memorandum of agreement under this part has been executed with respect to an undertaking, such memorandum shall govern the undertaking and all of its parts. (n) In actions where the Georgia Department of Transportation is complying with and working under the provisions of Chapter 16 of this title, the 'Environmental Policy Act,' as amended, for state-aid actions and the National Environmental Policy Act of 1969, 16 U.S.C. 4321-4347, as amended, and Section 106 of the National Historic Preservation Act of 1966, 16 U.S.C. 470, as amended, for federal-aid actions, the Georgia Department of Transportation shall be exempt from the requirements of this Code section.
12-3-56.
(a) As used in this Code section, the term 'division' means the Division of Historic Pres ervation of the department. (b) The General Assembly recognizes that the State of Georgia has undertaken various efforts to revitalize the central business districts and in-town areas of municipalities in this state which have historically served as the centers for growth, commerce, and gov ernment in our metropolitan areas. Accordingly, the General Assembly reaffirms the commitment to strengthen those municipalities by encouraging the location of state facilities in central business districts. The General Assembly also reaffirms the commit ment to provide leadership in the preservation of historic resources and to acquire and utilize space in suitable buildings of historic, architectural, or cultural significance. To this end, the state agencies shall utilize and maintain, wherever operationally appropri ate and economically prudent, historic properties and districts, especially those located in central business areas. When implementing these policies, state agencies shall insti tute practices and procedures that are sensible, understandable, and compatible with current authority and that impose the least burden on, and provide the maximum bene fit to, society. (c) Whenever operationally appropriate and economically prudent, when locating state facilities, state agencies shall give first consideration to historic properties within historic districts. If no such property is suitable, then state agencies shall consider other devel oped or undeveloped sites within historic districts. State agencies shall then consider historic properties outside of historic districts, if no suitable site within a district exists. Any rehabilitation or construction that is undertaken pursuant to this order must be architecturally compatible with the character of the surrounding historic district or properties. County, city, and other local governmental agencies are also encouraged to conform to this subsection. (d) State agencies with responsibilities for leasing, acquiring, locating, maintaining, or managing state facilities or with responsibilities for the planning for, or managing of, historic resources shall take steps to reform, streamline, and otherwise minimize regula tion, policies, and procedures that impede the state government's ability to establish or

WEDNESDAY, MARCH 18, 1998

2263

maintain a presence in historic districts or to acquire historic properties to satisfy state space needs, unless such regulations, policies, and procedures are designed to protect human health and safety or the environment. State agencies are encouraged to seek the assistance of the division when taking these steps. (e) In implementation of this part, the division and each state agency shall seek appro priate partnerships with local governments, Indian tribes, and appropriate private orga nizations with the goal of enhancing participation of these parties in the state historic preservation program. Such partnerships should embody the principles of administrative flexibility, reduced paperwork, and increased service to the public. (f) This Code section is not intended to create, nor does it create, any right or benefit, substantive or procedural, enforceable at law by a party against the State of Georgia, its agencies or instrumentalities, its officers or employees, or any other person.
12-3-57.
(a) As used in this Code section, the term: (1) 'Director' means the director of the Division of Historic Preservation of the department. (2) 'Division' means the Division of Historic Preservation of the department. (3) 'Local jurisdiction' means any county or municipality in this state and any duly authorized agency or instrumentality of a county or municipality. (4) 'Museum' means a facility in this state which is organized on a nonprofit basis for essentially educational or preservation purposes and which: (A) Owns or utilizes tangible inanimate objects of historical or cultural significance; (B) Is organized for the care of those objects and exhibits them to the public on a regular schedule; and (C) Interprets the state's cultural heritage or the state's history, natural history, or history of science and technology. (5) 'Nonprofit organization' means a corporation, foundation, local jurisdiction, or other legal entity, no part of the net earnings of which inures to the benefit of any private shareholder or individual holding an interest in such entity. (6) 'Program' means the historical and cultural museum assistance program estab lished under subsection (e) of this Code section. (b)(l) It is found and declared by the General Assembly that: (A) Historical and cultural heritage museums present, interpret, and preserve unusual and significant objects of this state's heritage for the benefit, enjoyment, and education of the citizens from every community in the state; (B) Historical and cultural heritage museums are unique and beneficial resources which supplement the state's educational system; (C) These museums are the repositories and caretakers of irreplaceable cultural items for the benefit not only of today's generation, but of those yet to come; (D) Museums, many of which are located in small communities, play an important and cost-effective role in the leisure time and tourism industry of this state; and (E) It is desirable that the entire history and heritage of the state be displayed and interpreted to the public where this happened, creating centers of community pride and dispersing tourist activity throughout the state. (2) The General Assembly declares that the public interest is served by the establish ment of a program of financial and technical assistance to help historical and cultural heritage museums become more accessible to the citizens and visitors of this state and to assist the citizenry in better understanding its diverse cultural heritage by support ing the upgrade, care, research, interpretation, documentation, and display of the state's irreplaceable historical and cultural museum collections.
(c) Pending appropriation of funding to conduct such, there is established an historical and cultural museum assistance program in the division to provide assistance to local jurisdictions and private nonprofit organizations for museums. (d) The department shall:
(1) Manage, supervise, and administer the program; and (2) Coordinate the program with federal, state, or private programs that complement or facilitate carrying out the program.

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(e)(l) The purpose of the program is to make grants to local jurisdictions and non profit organizations for use by museums for:
(A) Research related to collections, exhibits, or other educational activities; (B) The care, conservation, interpretation, and documentation of collections; (C) The planning, design, and construction of exhibits; (D) Educational programs and projects; (E) The development of master plans for museums, including activities required to achieve accreditation by the American Association of Museums or other pertinent entity that provides museum accreditation; (F) The construction of minor structural modifications to existing museum facilities; and (G) The development of plans and specifications and the provision of architectural, engineering, or other special services directly related to the construction or rehabili tation of museum facilities. (2) Grants may not be made: (A) For routine administrative overhead expenses; or (B) To museums operated, in whole or in part, by this state. (3) In any fiscal year, the commissioner may allocate up to 20 percent of the total moneys appropriated for the program to be held in reserve for unanticipated projects that are eligible for assistance in accordance with paragraph (2) of subsection (d) of this Code section. (4) The department shall make grants to museums giving due consideration to equal geographic distribution throughout the state. (5) A grant may not exceed $10,000.00 to any single museum in any one year. (6) The department may not make a grant to a museum under this program unless the museum has been in existence as a nonprofit institution for at least five years prior to the date of application for the grant, (f) The department shall: (1) Conduct a survey to identify the locations, resources, and needs of museums in this state; (2) Provide technical and general advisory assistance to museums that qualify or seek to qualify for grants under the program; and (3) Encourage the development of long-range planning and accreditation by the Amer ican Association of Museums or other pertinent entity that provides museum accredi tation and assists museums in meeting professional standards. (g)(l) The department shall carry out the purposes of the program under provisions of Article 5 of Chapter 5 of Title 28, the 'Fair and Open Grants Act of 1993," as amended. (2) The filing by the department with the Secretary of State under the provisions of Article 5 of Chapter 5 of Title 28, the 'Fair and Open Grants Act of 1993,' as amended, shall include: (A) Application procedures and review processes; (B) Procedures for adequate public notice of available assistance under the pro gram; and (C) A set of selection criteria which the division shall consider in recommending approval of applications for grants and which must include:
(i) The relative merits of the project or activities within identified state-wide needs;
(ii) The extent to which there is any contribution by the appropriate local juris diction to support the project being financed by the grant;
(iii) The potential for the project to stimulate increased tourism, attendance, or museum self-sufficiency; and
(iv) Other factors that may be relevant, such as the geographic distribution of grant assistance under the program.
12-3-58.
(a) As used in this Code section, the term:

WEDNESDAY, MARCH 18, 1998

2265

(1) 'Director' means the director of the Division of Historic Preservation of the department. (2) 'Division' means the Division of Historic Preservation of the department.
(3) 'Grant fund' means the historic preservation grant fund created under subsection (b) of this Code section. (4) 'Grant program' means the historic preservation grant program created under sub section (b) of this Code section. (5) 'Historic property' means a district, site, building, structure, monument, or object significant in prehistory, history, upland and underwater archaeology, architecture, engineering, or culture of this state, including artifacts, records, and remains related to a district, site, structure, or object. (6) 'Local jurisdiction' means any county or municipality in this state and any duly authorized agency or instrumentality of a county or municipality. (7) 'Nonprofit organization' means a corporation, foundation, governmental entity, or other legal entity, no part of the net earnings of which inures to the benefit of any private shareholder or individual holding an interest in such entity. (8) 'Preservation' means the identification, evaluation, recordation, documentation, curation, acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance, and reconstruction of a historic property. (b) Pending appropriation of funding for such, there is created a historic preservation grant program to be administered by the division. The purpose of the grant program is to implement and encourage the preservation of historic properties as well as to promote interest in and study of such matters.
(c) The division shall: (1) Manage, supervise, and administer the grant program; and (2) Coordinate the grant program with federal or state programs that complement or
facilitate carrying out the grant program. (d) The grant program may be used to:
(1) Make grants to nonprofit organizations and local jurisdictions for the purpose of
acquiring, rehabilitating, or restoring historic properties; (2) Make grants to nonprofit organizations and local jurisdictions for the purpose of financing costs directly related to the rehabilitation or restoration project, which may include the costs of studies, surveys, plans and specifications, and architectural, engi
neering, or other special services; (3) Make grants to nonprofit organizations and local jurisdictions for the purpose of funding historic preservation education and promotion, including the research, survey,
and evaluation of historic properties and the preparation of historic preservation plan ning and educational materials; (4) Fund the costs of state and local preservation revolving funds for the restoration
or rehabilitation of historic properties for resale or lease subject to appropriate preser vation covenants which may include costs directly related to restoration or rehabilita tion, such as the costs of studies, surveys, plans, and specifications and architectural,
engineering, or other special services; (5) Fund historic preservation education and promotion by the division, including the
research, survey, and evaluation of historic properties and the preparation of historic preservation planning documents and educational materials; and
(6) Fund the routine administration of the grant program. (e)(l) The director shall review and make recommendations to the commissioner, who shall approve each grant or expenditure of moneys from the grant fund.
(2) Except for the emergency reserve allocation referred to in paragraph (3) of this subsection, the director's recommendations to the commissioner on the granting of moneys from the grant fund to nonprofit organizations and local jurisdictions shall be
based on a competitive selection process.
(3) In any given fiscal year, the commissioner may allocate up to 20 percent of the total moneys available in the grant fund to be held in reserve for unanticipated emer gency use in accordance with subsection (d) of this Code section. (4) In any given year, expenditures for routine administration of the grant program
may not exceed 10 percent of the total moneys available in the grant fund.

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(f) The division shall: (1) Ensure that funding under the grant program for the acquisition, restoration, or rehabilitation of historic properties is used only if the property has been listed in or is eligible for the Georgia Register of Historic Places; and (2) Require recipients of grants made under the grant program to enter into an agree ment to preserve, maintain, and allow limited public access to the historic property. This agreement shall be a recordable historic preservation easement if the property is real property, unless the commissioner has determined that such an agreement or easement is impracticable or infeasible under the circumstances in accordance with the regulations. (g)(l) The department shall carry out the purposes of the grant program under provi sions of Article 5 of Chapter 5 of Title 28, the 'Fair and Open Grants Act of 1993,' as amended. (2) In addition to provisions otherwise required by this Code section, the filing by the department with the Secretary of State under the provisions of Article 5 of Chapter 5 of Title 28, the 'Fair and Open Grants Act of 1993,' as amended, shall include the following: (A) Application procedures; (B) Procedures for adequate public notice of available assistance under the grant program; (C) Provisions for the review of plans and specifications and the inspection of projects during construction; and (D) A set of selection criteria which the division must consider in recommending approval of applications for grants and which must include: (i) The relative historical or cultural significance of, and urgency of need for, the project being financed with the grant; (ii) The extent to which there is any proposed contribution by the appropriate local jurisdiction to support the project being financed with the grant; and (iii) Other factors which may be relevant, such as the geographic distribution of grant assistance from the grant fund.
(h) On or before December 31 of each year, the division shall report to the Governor and the General Assembly the financial status of the grant program and a summary of its operations for the preceding year."
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, by substitute.
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 YBarnes Y Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges

Y Brooks Y Brown YBuck Y Buckner
Bunn Burkhalter Y Byrd Y Campbell Canty Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B Coleman, T

Y Cornell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G
Davis, M Day Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dobbs 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
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 bvin Y Jackson
James Y Jamieson Y Jenkins
Johnson

WEDNESDAY, MARCH 18, 1998

2267

Y Johnston Y Jones Y Joyce YKaye ELadd YLakly YLane
Lee 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 YMoeley Y Mueller Y O'Neal Y Orrock YParham YParriah
Y Parsons Y Pelote Y Perry Y Pinholster
YPoag YPolak
Y Ponder Y Porter Y Powell 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 YShanahan YShaw YSberriU
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 Snelling
YSnow YStallings
Y Stand], F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper

Y Thomas TUlman
Y Titus Y Tolbert YTrense Y Turnquest YTwiggs
Walker, L
Y Walker, R.L Y Watson
West Y Westmoreland Y Whitaker Y Wiles Y WilUams, B Y Williams, J Y Williams, R YWorthan 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 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.

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 Y Bailey Y Bannister YBarfoot Y Barnard YBaroes
Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn
Burkhalter YByrd Y Campbell
Y Canty YCash Y Channel! Y Childers Y Clark YCoan
Coleman, B Y Coleman, T Y Cornell

Y Cooper Y Crawford Y Crews
Y Culbreth Y Cummings Y Davto, G Y Davis, M
Day Y DeLoach, B YDeLoach, G YDix YDixon
YDobbs Y 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 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 YKaye ELadd YLakly YLane
Lee Y Lewis YLord
Lucas
Maddox YMann Y Muming Y Martin, J
Y Martin, J.L YMassey YMcBee YMcCall

Y McClinton McKinney
Y Mills Y Mobley YMoeley Y Mueller Y O'Neal
Orrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder
Y Porter Y Powell YPurcell
YRagas Y Randall YRay
Reaves Y Reichert
YRice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder
Scarlett

Y Scheid Y Scott Y Shanahan YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper
Smith, C Y Smith, C.W
Y Smith, L Y Smith, L.R
Y Smith, P Y Smith, T
Smith, V
Sniyr Y Snelling 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

2268
YTurnquest YTwiggs
Walker, L

JOURNAL OP THE HOUSE,

Y Walker, R.L Y Watson Y West

Westmorland Y Whitaker Y Wiles

Y Williams, B Y Williams, J Y Williams, R

Y Worthan Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 158, nays 2. The Resolution, having received the requisite constitutional majority, was adopted.

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.

SB 491. By Senators Clay of the 37th, Tanksley of the 32nd and Lamutt of the 21st:
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; to provide for an effective date.

The following amendments were read and adopted:

Representatives Hammontree of the 4th, Ashe of the 46th, Porter of the 143rd, Sherrill of the 62nd, Mann of the 5th and O'Neal of the 75th move to amend SB 491 by adding on line 6 of page 1 after the word and symbol "time;" the following:
"to amend Code Section 20-2-165 of the Official Code of Georgia Annotated, relating to equalization grants provided pursuant to the 'Quality Basic Education Act,' so as to pro vide for the amount of such grants during the first four effective years of a merger of any two or more local school systems;".
By adding between lines 1 and 2 on page 3 the following:
"Code Section 20-2-165 of the Official Code of Georgia Annotated, relating to equalization grants provided pursuant to the 'Quality Basic Education Act,' is amended by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection (c) to read as fol lows:
'(c) The State Board of Education shall allocate respectively the amount calculated under subsection (b) of this Code section to each qualified local school system. For the first effective year of the merger of any two or more local school systems, the equaliza tion grant shall be the addition of amounts which would have been separately earned by the systems participating in the merger or the amount which would have been earned if the systems had already been merged during the year of the applicable digest, which ever is greater. For the second, third, fourth, and fifth effective years of the merger of any two or more local school systems, the equalization grants for such years shall be no less than 100 percent. 75 percent, 50 percent, and 25 percent, respectively, of the amount of the equalization grant in the first effective year of such merger. No portion of local fair share shall be applied to such equalization grants. In the event sufficient funds are not appropriated in a fiscal year to the state board to allot the full amount of equalization grants calculated to be payable to qualified local school systems as pro vided in this Code section, the state board shall proportionately reduce the amount of funds to be allocated to qualified local school systems.'
SECTION 3."
By renumbering Section 3 as Section 4.

WEDNESDAY, MARCH 18, 1998

2269

Representatives Porter of the 143rd, Ashe of the 46th and Wiles of the 34th move to amend SB 491 by striking all matter on lines 1 through 3 of page 1 and inserting in lieu thereof the following:
"To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the 'Quality Basic Education Act,' so as to provide for funding of foreign language instruction in primary, upper elementary, and middle grade programs; to change the standards for eligibility for middle school grants which relate to foreign language instruction; to".
By inserting between lines 9 and 10 of page 1 the following:
"SECTION 1.
Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the 'Quality Basic Education Act,' is amended by striking in its entirety subsection (c) of Code Section 20-2-182, relating to program weights in the Quality Basic Education Formula, and insert ing in lieu thereof a new subsection (c) to read as follows:
'(c) The program weights for the primary, upper elementary, and middle grades pro grams, when multiplied by the base amount, shall reflect sufficient funds to pay at least the beginning salaries of specialists qualified to teach art, music, foreign language, and physical education, subject to appropriation by the General Assembly.'".
By striking all matter on lines 11 through 13 of page 1 and inserting in lieu thereof the following:
"Said article is further amended by".
By striking all matter on lines 11 through 15 of page 2 and inserting in lieu thereof the following:
"option for students who have aeorcd at or above the sixtieth pcrecntilc on nationally normcd test f reading achievement administered within the previous r current seheel year as ene ef the language arts which are required te meet the eligibility rcquircmcnto ffir 9eh grants. A".
By redesignating Sections 1 through 3 as Sections 2 through 4, respectively.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Alien YAndenon YAshe 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

Buikhalter 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 Y Crews Y Culbreth Y Cummings Y Davis, 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 Y Graves Y Greene Y Grindley Y Hanunontree Y Banner
Harbin Y Heard Y Hecht

Y Heckstall Y Hegstrom Y Henflon 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 Y Jenkins
Johnson YJohnston Y Jones Y Joyce Y Kaye

E 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
McKinney Y Mills Y Mobley Y Moaley Y Mueller

2270

JOURNAL OF THE HOUSE,

YO'Neal YOrrock YPaiham YParriah Y Parsons YPelote Y Perry YPinholater YPoag YPolak Y Ponder Y Porter YPowell YPurcell Y Ragas

Y Randall Y Ray
Reaves Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett
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 SneUing

Y Snow Y StaUings Y Stancil, F Y Stancil, S Y 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
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, as amended, the ayes were 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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.

The following Committee substitute was read and adopted:

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 pro ceedings; to provide for an order by the court for payment of rent and the costs of the dispossessory warrant in certain circumstances; to provide for a writ of possession upon failure of the tenant to pay; to change the disposition of rent paid into court; to provide for the effect of appeal upon the disposition of such rent; to change the period for appeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, is amended by striking Code Section 44-7-52, relating to defense of tender of payment, and inserting in its place a new Code section to read as follows:
"44-7-52.
(a) Except as provided in subsection (c) of this Code section, in fe an action for non payment of rent, the tenant shall be allowed to tender to the landlord, within seven days of the day the tenant was served with the summons pursuant to Code Section 44-7-51, all rents allegedly owed plus the cost of the dispossessory warrant. Such a tender shall be a complete defense to the action; provided, however, that a landlord is required to accept such a tender from any individual tenant after the issuance of a dispossessory summons only once in any 12 month period. (b) If the court finds that the tenant is entitled to prevail on the defense provided in subsection (a) of this Code section and the landlord refused the tender as provided under subsection (a) of this Code section, the court shall issue an order requiring the tenant to pay to the landlord all rents which are owed by the tenant and the costs of the dispossessory warrant within three days of said order. Upon failure of the tenant to

WEDNESDAY, MARCH 18, 1998

2271

pay such sum, a writ of possession shall issue. Such payment shall not count as a tender pursuant to subsection (a) of this Code section. (c) For a tenant who is not a tenant under a residential rental agreement as defined in Code Section 44-7-30. tender and acceptance of less than all rents allegedly owed plus the coat of the diapossessory warrant shall not be a bar nor a defense to an action brought under Code Section 44-7-50 but shall, upon proof of same, be considered by the trial court when awarding damages."
SECTION 2. Said article is further amended by striking subsection (c) of Code Section 44-7-54, relating to payment of rent into court, and inserting in its place a new subsection to read as fol lows:
"(c) The court shall order the clerk of the court to pay to the landlord the payments claimed under the rental contracts paid into the registry of the court as said payments are made; provided, however, that, if the tenant claims that he or she is entitled to all or any part of the funds and such claim is an issue of controversy in the litigation, the court shall order the clerk to pay to the landlord without delay only that portion of the funds to which the tenant has made no claim in the proceedings or may make such other order as is appropriate under the circumstances. That part of the funds which is a matter of controversy in the litigation shall remain in the registry of the court until a final determination of the issues bjr the trial court. If either party appeals the decision of the trial court, that part of the funds equal to any sums found by the trial court to be due from the landlord to the tenant shall remain in the registry of the court until a final determination of the issues. The court shall order the clerk to pay to the landlord without delay the remaining funds in court and all payments of future rent made into court pursuant to paragraph (1) of subsection (a) of this Code section unless the tenant can show good cause that some or all of such payments should remain in court pending a final determination of the issues."
SECTION 3. Said article is further amended by striking in its entirety subsection (a) of Code Section 44-7-55, relating to writ of possession after trial in dispossessory proceedings, and inserting in its place the following:
"(a) If, on the trial of the case, the judgment is against the tenant, judgment shall be entered against the tenant for all rents due and for any other claim relating to the dis pute. The court shall issue a writ of possession, both of execution for the judgment amount and a writ to be effective at the expiration of ten seven days after the date such judgment was entered, except as otherwise provided in Code Section 44-7-56."
SECTION 4. Said article is further amended by striking in its entirety Code Section 44-7-56, relating to appeal and possession and payment of rent pending appeal after a judgment in a dispossessory proceeding, and inserting in lieu thereof a new Code Section 44-7-56 to read as follows:
"44-7-56.
Any judgment by the trial court shall be appealable pursuant to Chapters 2, 3, 6, and 7 of Title 5, provided that any such appeal shall be filed within ten seven days of the date such judgment was entered and provided, further, that, after the notice of appeal is filed with the clerk of the trial court, the clerk shall immediately notify the trial judge of the notice of appeal and the trial judge may, within 15 days, supplement the record with findings of fact and conclusions of law which will be considered as a part of the order of the judge in that case. If the judgment of the trial court is against the tenant and the tenant appeals this judgment, the court may upon motion of the landlord and upon good cause shown order the tenant to pay into the registry of the court all sums found by the trial court to be due for rent in order to remain in possession of the premises. The tenant shall also be required to pay all future rent as it becomes due into the registry of the trial court pursuant to paragraph (1) of subsection (a) of Code Sec tion 44-7-54 until the issue has been finally determined on appeal."

2272

JOURNAL OF THE HOUSE,

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 Andenon
Y Ashe Y Bailey
Y Bannister YBarfoot Y Barnard
YBaroes Y Bates Y Benefield
YBirdsong YBohannon Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn
Burkhalter YByrd Y Campbell
Canty YCash YChannell YChilders Y Clark YCoan Y Coleman, B
Coleman, T YConnell Y Cooper Y Crawford Y Crews

Y Culbreth Y CummingB Y Davis, G Y Davis, M
Day YDeLoach, B YDeLoach, G YOU YDixon
YDobbs Y Dukes YEhrhart YEpps Y Evans
YEverett Y Felton YPloyd Y Franklin
Y Golden Y Graves YGreene
Y Grindley Y Hammontree
Hanner 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
James Y Jamieson Y Jenkins
Johnson Y Johnston
Jones Y Joyce YKaye ELadd 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 YO-Neal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster
YPoag YPolak
Ponder Y Porter Y Powell YPureell
YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal
Sanders Y Sauder
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
Smyre YSnelling YSnow YStalUngs Y Stencil, 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
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, by substitute, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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.

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 Benefield
Y Birdsong
Y Bohannon

Y Bordeaux Y Bradford Y Breedlove Y Bridges

Y Brooks Y Brown
YBuck
Y Buckner

WEDNESDAY, MARCH 18, 1998

2273

Bunn Burkhalter YByrd Y Campbell Canty YCash Y Channel! Y Guilders
Y Clark YCoan Y Coleman, B YColeman,T YConnell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davi, G YDavi,M
Day Y DeLoach, B Y DeLoach, G YDii YDixon YDobbs Y Dukes YEhrhart YBpps Y Evans YEverett
Felton

YFloyd Y Franklin Y Golden Y Graves
Greene Y Grindley Y Hammontree Y Banner
Harbin Y Heard YHecht YHeckstall YHegstrom YHenson
Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H Y Hudson, N YHugley Ylrvin
Y Jackson James
YJamieson Y Jenkins
Johnson Y Johnston Y Jones Y Joyce YKaye

ELadd Lakly
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 YMosley Y Mueller YCraeal YOrrock Y Parham YParrish Y Parsons
Pelote Y Perry Y Pinholster YPoag YPolak
Ponder

Y Porter Y Powell YPurcell
YRagas YRandall YRay Y Reaves Y Keichert YRice Y Richardson Y Roberts Y Rogers Y Royal
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
Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas Y Tilhuan
Titus YTolbert YTrense Y Turnquest YTwiggs
Walker, L Y Walker, R.L
Watson YWest Y Westmoreland YWUtaker 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 157, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

SR 544. By Senators Perdue of the 18th, Johnson of the 1st, Starr of the 44th and others:
A resolution creating the Joint Study Committee on Franchise Fees and Con ditions, Rights of Way, and Tax Implications of Competitive Markets.

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 Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn
Burkhalter YByrd

Y Campbell Canty
YCaeh
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
Day Y DeLoach, B Y DeLoach, G YDix YDixon YDobbs

Y Dukes Ehrhart
YEpps Y Evans Y Everett Y Felton Y Floyd N Franklin Y Golden Y Graves Y Greene
Y Grindley Y Hammontree 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 Y Hugtey Ylrvin Y Jackson
James Y Jamieson Y Jenkins
Johnson N Johnston
Y Jones Y Joyce
Kaye
ELadd Lakly
YLane YLee
YLewis YLord Y Lucas
Maddoi

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

2274

JOURNAL OF THE HOUSE,

Y Ponder Y Porter YPoweU YPuiceU YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers

Y Royal N 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
Smith, V Smyre YSneffing YSnow YStallings Y Stancil, F Y Stancil, S

Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas YTillman YTitus Y Tolbert YTrense Y Turnquest YTwiggs

Y Walker, L Y Walker, R.L Y Watson
YWest Y Westmorland YWhitaker YWifcs
Williams, B Y Williams, J Y Williams, R Y Worthan
Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 161, nays 3. The Resolution, having received the requisite constitutional majority, was adopted.

By unanimous consent all Bills on the supplemental Rules Calendar were postponed until Thursday, March 19, 1998.

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.

THURSDAY, MARCH 19, 1998

2275

Representative Hall, Atlanta, Georgia Thursday, March 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 Andenon Ashe Bailey Bannister Bar-foot Barnard Barnes Bates Birdsong Bobannon Bradford Breedlove Bridges Brooks Brown Buck Burin Burkhalter
Byrd Campbell Cash ChQders Clark Coleman, B Connell

Crawford Crews Culbreth Cununings DeLoach, B DeLoach, G Dix Dukes Epps Everett Ployd Franklin Golden Graves Grindley Hammontree Harbin Heard Hecht EHenson Holland Houston Howard Hudgens Hudson, H Hudson, N

Hugley Jackson James Johnson Kaye ELadd Lakly Lane Lee Lewis Lord Mann Manning
Martin, J Martin, J.L McBee McClinton Mills Mosley Mueller O'Neal
Orrock Parham
Parrish Parsons

Pelote Perry Pinholgter Poag Polak Porter Purcell Randall Ray Reaves Rice Richardson Rogers Royal Sanders Scarlett Scheid Sbanahan Shaw Sherrill Shipp Sims Skipper Smith, C Smith, C.W

Smith, L Smith, L.R Smith,? Smith, V SneUing Stancil, S Stanley, L Stephens Taylor Teper Thomas Tillman Titus Tolbert Trense Walker, L Walker, R.L
Watson 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 Coan of the 82nd, Powell of the 23rd, Stancil of the 91st, Bordeaux of the 151st, Mobley of the 69th, McKinney of the 51st, Reichert of the 126th, Benefield of the 96tb, Hanner of the 159th, Dixon of the 168th, Jamieson of the 22nd, Ponder of the 160th, Whitaker of the 7th, Roberts of the 162nd, Joyce of the 1st, McCall of the 90th, Jones of the 71st, Massey of the 86th, Stanley of the 49th, Twiggs of the 8th, Snow of the 2nd, Channel! of the lllth, Coleman of the 142nd and Holmes of the 53rd.
They wish to be recorded as present.

Prayer was offered by Dr. John Avant, Pastor, New Hope Baptist Church, Fayetteville, 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:

2276

JOURNAL OF THE HOUSE,

1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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

HB 1932. By Representative Martin of the 47th:
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 legislative purpose and definitions; to provide for the stay of certain proceedings regarding a child who may not be competent.
Referred to the Committee on Judiciary.

HR 1408. By Representatives Orrock of the 56th, Sinkfield of the 57th, Trense of the 44th and Childers of the 13th:
A resolution creating the House Georgia Children Study Committee.
Referred to the Committee on Rules.

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

HB 1929 HB 1930

HB 1931 HR 1407

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

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

HB 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.

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.

THURSDAY, MARCH 19, 1998

2277

HB 1814. By Representatives Sauder of the 29th, Manning of the 32nd, Bradford of the 30th and others:
A bill to amend an Act creating a new charter for the City of Smyrna, so as to change the corporate limits.

HB 1873. By Representative Greene of the 158th: A bill to provide a new charter for the City of Fort Gaines.

HB 1882. By Representative Hugley of the 133rd: A bill to provide a new charter for the City of Geneva.

HB 1887. By Representatives Richardson of the 26th and Murphy of the 18th:
A bill to amend an Act providing a new charter for the City of Dallas in Paulding County, so as to change certain provisions relating to the dismissal of the city attorney, assistant city attorney, city clerk, police chief, and judges.

HB 1889.

By Representative Lord of the 121st:
A bill to amend an Act creating the State Court of Jefferson County, for merly the City Court of Louisville, so as to provide for the compensation of the solicitor-general of such court on and after a certain date.

HB 1890. By Representative Lord of the 121st:
A bill to amend an Act creating the State Court of Jefferson County, for merly the City Court of Louisville, so as to provide for the compensation of the judge of such court on and after a certain date.

HB 1891. By Representative Murphy of the 18th:
A bill to amend an Act creating a new charter for the City of Bremen so as to change the provisions relating to the municipal court of said city.

HB 1892. 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 further annexation and related matters.

HB 1901. By Representative Jamieson of the 22nd:
A bill to amend an Act creating a board of commissioners of Stephens County, so as to change the compensation of the chairman and members of the board.

HB 387. By Representatives Porter of the 143rd, Parham of the 122nd and Martin of the 47th:
A bill to amend Code Section 40-3-34 of the Official Code of Georgia Anno tated, relating to transfer of vehicle by operation of law, so as to provide for joint interest in a vehicle with survivorship in two or more persons.

2278

JOURNAL OF THE HOUSE,

HB 946. By Representatives Smith of the 19th, Irvin of the 45th, Mann of the 5th 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.

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.

HB 1164.

By Representatives Walker of the 141st, Martin of the 47th, Murphy of the 18th 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.

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.

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.

HB 1450.

By Representatives Smith of the 169th, Sims of the 167th, Mosley of the 171st 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.

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.

THURSDAY, MARCH 19, 1998

2279

HB 1642.

By Representatives Snelling of the 99th, Worthan of the 98th, Royal of the 164th 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.

HB 1551. By Representatives Walker of the 141st, Irvin of the 45th, Coleman of the 142nd 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.

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.

HB 1666.

By Representatives Powell of the 23rd, Burkhalter of the 41st, Hudson of the 156th 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.

HB 1687.

By Representatives Maddox of the 72nd, Ragas of the 64th and Teague of the 58th:
A bill to emend 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.

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.

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.

2280

JOURNAL OF THE HOUSE,

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

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".

HR 847. By Representative Smith of the 109th:
A resolution commending David P. Ridgeway, Sr.; designating the David P. Ridgeway, Sr., Bridge.

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".

HR 954. By Representative Poag of the 6th: A resolution designating the "W. W. Fincher, Jr., Parkway".

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".

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.

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".

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.

HR 1064. By Representative Whitaker of the 7th: A resolution designating the Reverend Joseph Edward Grizzle Bridge.

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.

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.

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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".

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".

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".

HR 1164. By Representative McCall of the 90th: A resolution designating the Don Saggus, Jr., Memorial Bridge.

HR 856. By Representatives James of the 140th, Reaves of the 178th, Stancil of the 16th and others:
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.

HR 1000. By Representatives Mobley of the 69th, Teague of the 58th, McClinton of the 68th 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.

HR 1187. By Representatives Mueller of the 152nd, Pelote of the 149th, Day of the 153rd and others:
A resolution authorizing the conveyance of certain property located in the City of Savannah, Chatham County.

HR 1342. By Representative Smith of the 169th:
A resolution recognizing the honorary name of the Sergeant J. D. "Eddie" Miles Bridge in Bacon County and designating that a sign be erected upon the bridge on State Highway 203 at the boundary of Appling and Bacon Counties which would read as follows: "In Honor of Sergeant J. D. 'Eddie' Miles'" and for other purposes.

HR 1350. By Representatives Franklin of the 39th, Coan of the 82nd and Joyce of the 1st:
A resolution expressing gratitude to the late Congressman Larry McDonald on the occasion of the fifteenth anniversary of his untimely death.

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JOURNAL OF THE HOUSE,

The Senate has agreed to the House amendment to the following bills of the Senate:

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 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.

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.

The Senate has agreed to the House substitute to the following bills of the Senate:

SB 19. By Senators Scott of the 36th, Langford of the 29th, Oliver of the 42nd and others:
A bill to amend Code Section 12-5-23.2 of the Official Code of Georgia Anno tated, relating to waste-water discharge limitations and penalties, so as to provide that a certain moratorium shall not apply to certain publicly funded facilities.

SB 77. By Senators Oliver of the 42nd, Stokes of the 43rd, Henson of the 55th and Tysinger of the 41st:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to numbers of judges of superior courts, so as to provide for a tenth judge of the superior courts of the Stone Mountain Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge ini tially appointed; to prescribe the powers, dignity, duties, jurisdiction, privi leges, and immunities of said judge.

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.

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SB 166. By Senator Langford of the 29th:
A bill to amend Article 10 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Self-insurers Guaranty Trust Fund, so as to authorize the board of trustees of the Self-insurers Guaranty Trust Fund to levy penalties and fines against self-insured employers; to provide for indi vidual immunity for the administrator and staff of the fund.

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.

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 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 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.

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.

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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 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.

SB 693. By Senators Thompson of the 33rd and Dean of the 31st:
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 hi Cobb County; to provide for self-sufficient operation; to authorize the department to delegate its functions and to contract in other ways.

The Senate has agreed to the House substitute to the following resolutions of the Sen ate:

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.

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 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.

The Senate recedes from its amendment to the following bill of the House:

HB 1161.

By Representatives Walker of the 141st, Buck of the 135th, Lee of the 94th 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.

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The Senate recedes from its substitute to the following bills 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.

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.

HB 1639. By Representatives Cooper of the 31st, Skipper of the 137th, Barnes of the 33rd 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.

The Senate has agreed to the House amendment to the Senate substitute to the fol lowing bills 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 hi tier 1 counties.

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 Senate has adopted the report of the Committee of Conference on the following bill of the House:

HB 609. By Representatives Polak of the 67th, Royal of the 164th, Jamieson of the 22nd and others:
A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax.

The Senate has adopted, by substitute, by the requisite constitutional majority the following resolution of the House:

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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.

The following Resolution of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

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.

Representative Barnes of 33rd moved that the House insist on its position in substi tuting SR 529.
The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

SB 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.

Representative Breedlove of 85th moved that the House insist on its position in sub stituting SB 573.
The motion prevailed.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

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 Senate substitute was read:

A BILL
To amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, 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 on the ground that the suit

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arose from an act of the defendant in furtherance of the right of free speech or the right to petition government for a redress of grievances; 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 definitions; to provide for judi cial review of such actions upon their filing; to provide for dismissal of the pleading under certain conditions; to provide 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.
Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by inserting in Code Section 9-11-11.1, relating to claims arising from exercise of rights of freedom of speech and right to petition government for redress of grievances, a new sub section to be designated subsection (f) to read as follows:
"(f) 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, including but not limited to dismissal by the plaintiff, of the action."
SECTION 2. Said title is further amended by adding at the end of Chapter 15, relating to court and litigation costs in civil actions, 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, mandamus, or an action brought under Title 42, Section 1983 of the United States Code, and such action arises out of the performance of the judicial 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, and the court finds that an attorney or party brought an action that lacked sub stantial justification or that the action, or any part of the action, was interposed for delay or harassment. As used in this Code section, 'lacked substantial justification' means substantially frivolous, substantially groundless, or substantially vexations. 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, magis trate, 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, mandamus, or an action brought under Title 42, Section 1983 of the United States Code, which action arises out of the performance of the judicial officer's official duties is pre sented for filing, the clerk of court shall file the matter but shall present the complaint or other initial pleading to the district court administrator for the judicial circuit where the action was filed, to assign to a superior court judge of that circuit. If the action is filed against a Judge or Justice of an appellate court, the chief Judge or Justice shall assign the matter to a member of that court. The judge shall review the pleading and, if the judge determines that the pleading shows on its face such a complete absence of any justiciable issue of law or fact that it cannot be reasonably believed that the court

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could grant any relief against any party named in the pleading, then the judge shall enter an order dismissing the pleading. An order dismissing the pleading shall be appeal able 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 3. Article 4 of Chapter 2 of Title 9 of the Official Code of Georgia Annotated, relating to dismissal and renewal of civil actions, is amended by striking hi its entirety subsection (a) of Code Section 9-2-61, relating to renewal of a case after dismissal, and inserting hi its place the following:
"(a) When any case has been commenced in either a state or federal court within the applicable statute of limitations and the plaintiff discontinues or dismisses the same, it may be recommenced in a court of this state or, if- permitted by the federal rales of eml procedure unless prohibited by federal law, in a federal court either within the original applicable period of limitations or within six months after the discontinuance or dismis sal, whichever is later, subject to the requirement of payment of costs in the original action as required by subsection (d) of Code Section 9-11-41; provided, however, if the dismissal or discontinuance occurs after the expiration of the applicable period of limita tion, this privilege of renewal shall be exercised only once."
SECTION 4. This Act shall become effective on July 1, 1998, and shall apply to cases pending on, or dismissed or discontinued after such date.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Walker of the 141st moved that the House disagree to the Senate sub stitute to HB 1730.
The motion prevailed.

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 Senate substitute was read:

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:

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"(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 clerk of the superior court, judge of the probate court, sheriff, tax commissioner, and magistrate, 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.

Representative McBee of the 88th moved that the House disagree to the Senate sub stitute to HB 1202.
The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

SB 318. By Senator Thomas of the 10th:
A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Anno tated, relating to the powers of municipal corporations generally, so as to authorize each municipal corporation to enter into leases and contracts with private persons for the operation and maintenance of its water system or sewer system or both.

Representative Shanahan of 10th moved that the House insist on its position in sub stituting SB 318.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien YAndenon
Aahe
Balky N Bannister YBarfoot
Barnard Baraes
N Bates NBenefield
Birdaong
N Bohannon Y Bordeaux N Bradford
YBnedlove N Bridges Y Brooks N Brown YBuek
Buckner YBunn NBurkhalter YByrd N Campbell
Canty YCaab

Y Channell Y Childen Y Clark
NCoan Y Coleman, B
Coleman, T Y Connell
Cooper
Crawford Cram Y Culbreth
Y Cummings Davis, G Davis, M
NDay DeLoach, B
Y DeLoach, G YDix YDixon
Dobbe N Dukes N Ehrhart Y Eppa
Evans Y Everett
Felton

Y Floyd N Franklin N Golden
Y Graves Gnene Grindley
YHammontree Y Banner
Y Harbin Y Heard N Hecht
Heckatall Hegstrom E Henson
Y Holland Y Holmes
Houston Y Howard N Hudgens Y Hudson, H Y Hudson, N Y Hugley N Irvin Y Jackson
James Jamieaon

Jentim Y Johnson YJohnston
Jones Joyce N Kaye E Ladd NLakly
Y Lane N Lee N Lewis
Y Lord Lucas Maddox
NMann N Manning Y Martin, J N Martin, J.L N Massey
McBee N McCall Y McClinton
McKinney N Mills
Mobley Y Moaley

Mueller Y O'Neal Y Orroek
NParham Parriah Parsons Pelote
Y Perry
Y Pinholater YPoag Y Polak
N Ponder Y Porter Y PoweU
Y Purcell Y Ragai Y Randall
Ray Y Reaves Y Reichert N Rio N Richardson Y Roberta
Rogers Y Royal N Sanders

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N Sander N Scarlet* NScheid N Scott YShanahan YShaw YSherrill NShipp
Sims Sinkfield

Y Skipper Y Smith, C N Smith, C.W
Smith, L Smith, L.R Y Smith,? Smith, T N Smith, V Smyre N SneUing

Y Snow Y StaUings
Stancil, F Y Stancil, S Y Stanley, L
Stanley,? N Stephens Y Taylor
Teague Y Teper

Y Thomas Y Tillman Y Titus Y Tolbert N Trense
Turnquest NTwiggs
Walker, L Y Walker, R.L Y Watson

Y West Westmoreland
Y Whitaker N Wiles N Williams, B
Williams, J Y Williams, R N Worthan
Yates Murphy, Spkr

On the motion, the ayes were 78, nays 47. The motion prevailed.

The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

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 Senate substitute was read:

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 change the provisions relating to renouncing succession; to provide that an administra tor with the will annexed is not an executor; to change the provisions relating to the rules of inheritance when a decedent dies without a will; to change the conditions under which an heir may petition for an order that no administration is necessary; 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 peti tion 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 intent to revoke; to change the provisions relating to presumption of intent to revoke a will; to provide that a copy of a will may be offered for probate in certain circumstances; 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 beneficiaries and heirs before any acts of ancil lary administration; to provide for eligibility to serve as a temporary administrator; to pro vide 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

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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 bond by a prospective personal represen tative 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 per sonal representative for the delivery of property in kind and of determining expenses to be allowed a personal representative; to provide that it shall not be necessary to mail a copy of the inventory to any beneficiary or heir who is not sui juris or for the court to appoint a guardian for such person; to change the provisions relating to waiver of the right to receive the inventory; to change the provisions relating to dispensing with making an inventory and sending copies to the heirs or beneficiaries; to change the provisions relating to notices to creditors and the publication thereof; to change the provisions relating to compromise of claims; to provide for assignment of claims and payment of proceeds; to change the provisions relating to petition by a personal representative for discharge and citations; to repeal a provision requiring an order to deposit unclaimed funds before grant ing discharge; to change the provisions relating to mailing of returns to heirs and benefi ciaries and relieving personal representatives of the duty to file returns and send copies to heirs or beneficiaries; to change the time for filing objections to an intermediate report and service requirements; to provide for continuing a hearing until a date certain when objections are filed to the personal representative's report, actions, or accounting; to pro vide 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 change the provisions relating to proceedings in probate courts; to redefine the term "guardian"; to provide for service on individuals who are not sui juris; to change the provisions relating to waiver or acknowledgment of service or notice and consent to granting of relief or entry of an order; to change the provi sions relating to issuance of citation upon filing of a petition; to change the provisions relating to contents of a citation; 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, 1996 (Ga. L. 1996, . 504), and an Act approved April 29,

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1997 (Ga. L. 1997. p. 1352). and as such chapters may be amended in the future, shall be known and may be cited aslhe 'RevisecrT'robateTode 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 person^ 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. (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 or representative described in Code Sec tion 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 paragraph (1) of subsection (f) of Code Section 53-1-20 of the "Revised Probate Code of 1998," relating to renouncing succession, and inserting in its place the following:

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"(f)(l) Except as otherwise provided by the will or other governing instrument, a renunciation shall cause the renounced property to pass as if the person renouncing had predeceased the decedent or, in the case of property passing upon exercise of a power of appointment, as if the person renouncing had predeceased the holder of the power; provided, however, that, solely for the purposes of the last clause of paragraph (5) and the last clause of paragraph (7) of subsection (b) of Code Section 53-2-1. any individual renouncing who is the only sibling or the only aunt or uncle surviving the decedent shall not be deemed to have predeceased the decedent."
SECTION 5. Said title is further amended by striking subsection (b) of Code Section 53-2-1 of the "Revised Probate Code of 1998," relating to rules of inheritance when a decedent dies without a will, and inserting in its place the following:
"(b) When a decedent died without a will, the following rules shall determine such dece dent's heirs:
(1) Upon the death of an individual who is survived by a spouse but not by any child or other descendant, the spouse is the sole heir. If the decedent is also survived by any child or other descendant, the spouse shall share equally with the children, with the descendants of any deceased child taking that child's share, per stirpes; provided, however, that the spouse's portion shall not be less than a one-third share; (2) If the decedent is not survived by a spouse, the heirs shall be those relatives, as provided in this Code section, who are in the nearest degree to the decedent in which there is any survivor; (3) Children of the decedent are in the first degree, and those who survive the dece dent shall share the estate equally, with the descendants of any deceased child taking, per stirpes, the share that child would have taken if in life; (4) Parents of the decedent are in the second degree, and those who survive the dece dent shall share the estate equally; (5) Siblings of the decedent are in the third degree, and those who survive the dece dent shall share the estate equally, with the descendants of any deceased sibling tak ing, per stirpes, the share that sibling would have taken if in life; provided, however, that, subject to the provisions of paragraph (1) of subsection (f) of Code Section 53-1-20, if no sibling survives the decedent, the nieces and nephews who survive the decedent shall take the estate in equal shares, with the descendants of any deceased niece or nephew taking, per stirpes, the share that niece or nephew would have taken if in life; (6) Grandparents of the decedent are in the fourth degree, and those who survive the decedent shall share the estate equally; (7) Uncles and aunts of the decedent are in the fifth degree, and those who survive the decedent shall share the estate equally, with the children of any deceased uncle or aunt taking, per stirpes, the share that uncle or aunt would have taken if in life; provided, however, that; subject to the provisions of paragraph (1) of subsection (f) of Code Section 53-1-20. if no uncle or aunt of the decedent survives the decedent, the first cousins who survive the decedent shall share the estate equally; and (8) The more remote degrees of kinship shall be determined by counting the number of steps in the chain from the relative to the closest common ancestor of the relative and decedent and the number of steps in the chain from the common ancestor to the decedent. The sum of the steps in the two chains shall be the degree of kinship, and the surviving relatives with the lowest sum shall be in the nearest degree and shall share the estate equally."
SECTION 6. 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 administfattea 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

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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 7. 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 hi its place the following:
"(e) When property is paid over or distributed to a county board of education, ae far ther proceedings 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 8. 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:
"53-3-4.
In solvent and insolvent estates, all taxes and liens for taxes accrued for years prior to the year of the decedent's death against the 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 hi the petition, property taxes accrued in the year of the decedent's death or in the year hi which the petition for year's support is filed or, if the petition is filed in the year of the decedent's death, hi the year following the filing of the petition, shall be divested if the real prop erty is set apart for year's support."
SECTION 9. 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 hi its place the following:
"(a) Upon the death of any individual leaving an estate solvent or insolvent, the surviv ing spouse er ft flfttnef ehiW or a guardian or other person acting hi behalf of the surviv ing spouse or in behalf of a minor child may file a petition for year's support hi 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 10. 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 11. 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 hi 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 willt but such presumption may be overcome by. a preponderance of the evidence."
SECTION 12. Said title is further amended by striking Code Section 53-4-46 of the "Revised Probate Code of 1998," relating to presumption of intent, and inserting hi its place the following:

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"53-4-46.
(a) A presumption of intent to revoke arises if the original of a testator's will cannot be found to probate; which presumption may be overcome by a preponderance ef the evidence and provided farther a copy of said wttt may be- probated tf the- evidence shews-
Al_* - 1------i. ----!11 ---------- -- -- 1. I--A----. J----1 _ 1---- ------------1----J VnRV ci IOBB Will w0 ItUb 111 W11U1AC Tw W 11* f U1LUU.
(b) A copy of a will may be offered for probate in accordance with Chapter 5 of this title in lieu of the original will if the original cannot be found to probate, provided that the copy is proved by. a preponderance of the evidence to be a true copy of the original will and that the presumption of intent to revoke set forth in subsection (a) of this Code section is rebutted by. a preponderance of the evidence."

SECTION 13. 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 persons named er dcaignatcd in the purported will whose identity and whereabouts may be determined by the petitioner in the exercise ef- reasonable diligence:
(1) Each beneficiary who is designated m the wiH to receive a- present interest orpewe*; ether than ft mere trust beneficiary, and whe; in the ease ef- an individual; is em ygia 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
i Whose identity and whereabouts are known or may be determined by. reasonab e diligence: (2) The duly acting guardian or-, if none, the person having custody of each individual beneficiary with a present interest or power, other than a mere trust beneficiary, who is not sui juris; and (3) Each trustee.
Notice shall not be required in the case of a person whose interest, even though vested, cannot be possessed until the passage of time or the happening of a contingency. The probate court may, on motion, modify the notice required in the case of numerous bene ficiaries of the same or similar class where the value of each testamentary gift is, or appears to be, nominal. Upon motion, the court may determine whether the interest of any beneficiary required to be notified under this subsection is adequately represented, including any contingent interest of a beneficiary, and if such representation is found to be inadequate, the court may appoint a guardian ad litem to represent each benefi ciary or order such other notice as may be appropriate to a beneficiary of a contingent interest. If a trustee named in the will indicates a refusal to represent the beneficiaries of the testamentary trust, the court may order that notice be given directly to the bene ficiaries of the trust."

SECTION 14. 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 prier te performing any acts ef ancillary administration in this state; the ancillary pereenal representative shall give notice; in accordance with Chapter W ef this title, ef the ancillary probate ef the decedent's will ef the ancillary administration ef the decedent's estate to each beneficiary under the decedent's will whe i domiciled in this state and to any heir ef the decedent whe is domiciled in this state:"

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SECTION 15. 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 16. 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 hi its place the following:
"(a) If the nominated executor does not qualify within 90 days after the order admitting the will to probate is entered or is proved to be dead or incapacitated or renounces the right to serve, 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 or is proved to be dead or incapacitated or renounces the right to serve, 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."
SECTION 17. 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:
"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 set forth the names, addresses, and ages or majority status of the beneficiaries who are capable of expressing a choice, as defined in subsection (a) of Code Section 53-6-14, and the circumstances giving rise to the need for an administrator with the will annexed. The petition shall be served on the benefi ciaries of the will who are capable of expressing a choice in the manner described in Chapter 11 of this title. If the petition for letters of administration with the will annexed is based upon the expiration of a reasonable time for any nominated executor to qualify, any nominated executor who has failed to qualify shall also be served. (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 who are capable of expressing a choice, as described in subsection (a) of Code Section 53-6-14, the date on which the will was admitted to probate, and the circumstances 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 fee er become, as
WiC cnuC IliU" DCy tflC 6XQCUIOF Or (A I1F91 G9uit wy O]5CFftt1OD 0r iflW.

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SECTION 18. 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 bg 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 19. 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 20. 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 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 21. 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. K there is ae guardian, consent y be given by
incapacitated edtrit heir: The personal representative of a deceased heir is authorized to consent for that heir. In no case may consent on behalf of an heir who is not sui juris be effective if the person consenting is the person petitioning to serve as personal repre sentative."
SECTION 22. 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:

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"(c) The bond shall be in a sum equal to double the value of the estate to be adminis tered; provided, however, that the bond shall be in an amount equal to the value of the estate if secured by a licensed commercial surety authorized to transact business in this state. The value of the estate for purposes of the bond shall be determined without regard to the value of any real property or improvements thereon held by the personal representative or temporary administrator as fiduciary but, upon the conversion of the real property into personalty, a new bond shall be given based upon the value of the estate, including the value of the personalty into which the real property was con verted."
SECTION 23. 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."
SECTION 24. 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 25. 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; e*; if- ene; by either patent in the ease of- et miner or by a- majority interest

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ef fee heirs apparent in fee ease of an incapacitated adult; provided, however, feat aeh consent ea behalf ef OB individual whe is net sai juris shall net be effective when the ealy individual who is consenting is fee individual who will serve or who is nerving as fee 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 26. Said title is further amended by striking Code Section 53-7-30 of the "Revised Probate Code of 1998," relating to filing and contents of an inventory, and inserting in its place the following:
"53-7-30.
Unless otherwise provided by will or relieved under Code Section 53-7-32 or 53-7-33, the personal representative shall prepare an inventory of all the property of the decedent. The personal representative shall file the inventory with the probate court and shall deliver a copy of the inventory to the beneficiaries of a testate estate or the heirs of an intestate estate by fust-class mail within six months after the qualification of the per sonal representative. It shall not be necessary to mail a copy of the inventory to any beneficiary or heir who is not sui juris or for the court to appoint a guardian for such person. The time for filing the inventory may be extended by the probate court for good cause shown. The inventory shall state that it contains a true statement of all the prop erty of the decedent within the knowledge of the personal representative and shall be verified in the same manner as a petition filed in the probate court. The inventory shall state that the inventory has been mailed to all beneficiaries or heirs who are entitled to receive the inventory and shall provide the name of any beneficiary or heir who has waived the right to receive the inventory, as provided in Code Section 53-7-32."
SECTION 27. Said title is further amended by striking subsection (b) of Code Section 53-7-32 of the "Revised Probate Code of 1998," relating to waiver of the right to receive the inventory and relieving the personal representative of the duty to make inventory, and inserting in its place the following:
"(b) By unanimous written consent, the beneficiaries of a testate estate or the heirs of an intestate estate may authorize the probate court to relieve the personal representative of the duty to make inventory in the same manner as described in subsection (b) of Code Section 53-7-1. Any such unanimous written consent, regardless of the date of exe cution, which relieves the personal representative from making inventory shall also relieve the personal representative from sending a copy of the inventory to the heirs or beneficiaries."
SECTION 28. Said title is further amended by striking Code Section 53-7-33 of the "Revised Probate Code of 1998," relating to the power of a testator to dispense with making inventory, and inserting in its place the following:
"53-7-33.
A testator may, by will, dispense with the necessity of the personal representative's mak ing an inventory to the probate court or the beneficiaries or both, provided the same does not work any injury to creditors or persons other than beneficiaries under the will. If a will was executed in another state and the will is valid in this state and under the laws of the state where the will was executed the personal representative would not have been required to file inventories or if the will otherwise expresses an intent to relieve the personal representative from all reporting requirements, such a will shall be con strued as dispensing with the necessity of inventories in Georgia, provided the same does not work any injury to creditors or parties other than beneficiaries under the will. In all wills, regardless of the date of execution, relief from making inventory with the court

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shall also relieve the personal representative from sending a copy of the inventory to the beneficiaries."
SECTION 29. Said title is further amended by striking Code Section 53-7-41 of the "Revised Probate Code of 1998," relating to notice for creditors to render accounts and failure of creditors to give notice of claims, and inserting in its place the following:
"53-7-41.
The personal representative shall be allowed six months from the date of the qualifica tion of the first personal representative to serve in which to ascertain the condition of the estate, fiver? personal representative shall within 69 days from the date ef qualifiea-
the estate to reader an account of- their demands. Every personal representative shall, within 60 days from the date of qualification, publish a notice directed generally to all of the creditors of the estate to render an account of their demands. The notice shall be published once a week for four weeks in the official newspaper of the county in which the personal representative qualified. Creditors who fail to give notice of claims within three months from the date of publication of the personal representative's last notice shall lose all rights to an equal participation with creditors of equal priority to whom distribution is made before notice of such claims is brought to the personal representa tive, and they may not hold the personal representative liable for a misappropriation of the funds. If, however, there are assets in the hands of the personal representative suffi cient to pay such debts and if no claims of greater priority are unpaid, the assets shall be thus appropriated notwithstanding failure to give notice."
SECTION 30. Said title is further amended by striking Code Section 53-7-45 of the "Revised Probate Code of 1998," relating to compromise of claims, and inserting in its place the following:
"53-7-45.
Personal representatives are authorized to compromise, adjust, arbitrate, assign, sue or defend, abandon, or otherwise deal with or settle debts or claims in favor of or against the estate. A personal representative who declines to litigate any claim may assign the claim to a creditor or an heir of an intestate estate or a beneficiary of a testate estate for the purpose of prosecuting the claim at that person's own expense and, after reim bursement of the expenses to the creditor, hen", or beneficiary, any remaining proceeds shall be paid over to the personal representative for administration."
SECTION 31. Said title is further amended by striking Code Section 53-7-50 of the "Revised Probate Code of 1998," relating to petition by a personal representative for discharge, citation and publication, hearings, and subsequently discovered estates, and inserting in its place the following:
"53-7-50.
(a) A personal representative who has fully performed all duties or who has been allowed to resign may petition the probate court for discharge from the office and from all liability. The petition shall state that the personal representative has fully adminis tered the estate of the decedent and shall set forth the names and addresses of all known heirs of an intestate decedent or beneficiaries of a testate decedent, including any persons who succeeded to the interest of any heir or beneficiary who died after the dece dent died, and shall name which of the heirs or beneficiaries is or should be represented by a guardian. The petition shall state that the personal representative has paid all claims against the estate or shall enumerate which claims of the estate have not been paid and the reason for such nonpayment. The petition shall also state that the personal representative has filed all necessary inventory and returns or, alternatively, has been relieved of such filings by the testator, the heirs or beneficiaries, or the probate court.
(b)(l) Subject to paragraphs (2) and (3) of this subsection, upon tJpen the filing of a petition for discharge, citation shall issue to all heirs or beneficiaries, as provided

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in Chapter 11 of this title, requiring them to file any objections to the discharge, except that in all cases a citation shall be published one tune in the newspaper in which sheriffs advertisements are published in the county in which the petition is filed at least ten days prior to the date on or before which any objection is required to be filed. Any creditors whose claims are disputed shall be served in accordance with Chapter 11 of this title. (2) Notwithstanding paragraph (1) of this subsection, it shall not be necessary to notify any heir or beneficiary who has relieved the personal representative of all liabil ity or any heir or beneficiary with respect to whom the personal representative has been relieved of all further liability in a binding proceeding such as a settlement of accounts pursuant to Code Sections 53-7-60 through 53-7-63 or an intermediate report pursuant to Code Sections 53-7-73 through 53-7-76. (3) For purposes of this Code section, a beneficiary is a person, including a trust, who is designated in a will to take an interest in real or personal property and who (A) has a present interest, including but not limited to a vested remainder interest but not including a trust beneficiary where there is a trustee who is not also the personal representative seeking discharge and (B) whose identity and whereabouts are known or may be determined by reasonable diligence. (c) If any party in interest files objection to the discharge, a hearing shall be held. If as a result of the hearing, the probate court is satisfied that the personal representative has faithfully and honestly discharged the office, an order shall be entered releasing and discharging the personal representative from all liability. If no objections are filed, the probate court shall enter the order for discharge without further proceedings or delay. Any heir or beneficiary or creditor who is a minor at the time of the discharge and who is not represented by a guardian may, within two years of reaching the age of majority, commence suit against the personal representative and such discharge shall be no bar to the action. (d) If other property of the estate is discovered after an estate has been settled and the personal representative discharged, the probate court, upon petition of any interested person and upon such notice as it directs, may appoint the same personal representative or a successor personal representative to administer the subsequently discovered estate. If a new appointment is made, unless the probate court orders otherwise, the provisions of this title shall apply as appropriate; but no claim previously barred may be asserted in the subsequent administration. (e) A personal representative may petition the court solely for discharge from office by filing the petition described in subsection (a) of this Code section and b^ giving notice by publication one time in the official county newspaper and by first-class mail to all creditors of the estate whose claims have not been paid informing them of their right to file an objection and be heard as described in subsection (c) of this Code section."
SECTION 32. 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 seme time passing an eider requiring the personal representative to deposit the fends m tt solvent bank- as the eettrt may direct. The discharge shaH net take effect until the money i deposited."
SECTION 33. Said title is further amended by striking Code Section 53-7-68 of the "Revised Probate Code of 1998," relating to mailing of the return to heirs and beneficiaries and relieving the personal representative of the duty to file a return, and inserting in its place the fol lowing:
"53-7-68.

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(a) Upon filing the annual return with the probate court, the personal representative shall mail by first-class mail a copy of the return, but not the vouchers, to each heir of an intestate estate or each beneficiary of a testate estate. It shall not be necessary to mail a copy of the return to any heir or beneficiary who is not sui juris or for the court to appoint a guardian for such person. The personal representative shall file a ver ified statement with the probate court stating that all required mailings of the return to heirs or beneficiaries have been made. (b) Any heir or beneficiary may waive individually the right to receive a copy of the annual return by a written statement that is delivered to the personal representative. Such waiver may be revoked in writing at any time. (c) By unanimous written consent, the heirs of an intestate estate or the beneficiaries of a testate estate may authorize the probate court to relieve the personal representative from filing annual returns with them or with the court or both, in the same manner as provided in subsection (b) of Code Section 53-7-1. Any such unanimous written consent. regardless of the date of execution, which relieves the personal representative from filing annual returns with the court shall also relieve the personal representative from sending a copy of the return to the beneficiaries."
SECTION 34. Said title is further amended by striking Code Section 53-7-69 of the "Revised Probate Code of 1998," relating to power of a testator to dispense with the necessity of a return, and inserting in its place the following:
"53-7-69.
A testator may, by will, dispense with the necessity of the personal representative's filing an annual return with the probate court or the beneficiaries or both, provided the same does not work any injury to creditors or persons other than beneficiaries under the will. If a will was executed in another state and the will is valid in this state and under the laws of the state where the will was executed the personal representative would not have been required to file annual returns or if the will otherwise expresses an intent to relieve the personal representative from all reporting requirements, such a will shall be con strued as dispensing with the necessity of annual returns in Georgia, provided the same does not work any injury to creditors or parties other than beneficiaries under the will. In all wills, regardless of the date of execution, relief from filing returns with the court shall also relieve the personal representative from sending a copy of the return to the beneficiaries."
SECTION 35. 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 en the date set tot the hearing fixed by the eewrt at a regular term ef- the eeart that convenes et less than 30 days 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 36. 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.
At or before the tune 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 eettrt 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

THURSDAY, MARCH 19, 1998

2303

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 37. 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 hi 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, aad 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. 5%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 38. Said title is further amended by striking subsections (a) and (b) of Code Section 53-11-2 of the "Revised Probate Code of 1998," relating to the definition of "guardian," persons represented, appointment, successors, and guardians named in petition, and inserting hi their place the following:
"(a) As used in this Code section, the term 'guardian' means the guardian ad litem appointed by the probate court who may represent a single party or more than one party or a class of parties with common or nonadverse interests; provided, however, that the court may determine for the purpose of the particular proceeding that the natural guardian, if any, or the testamentary guardian, if any, or the duly constituted guardian of the property, if any, or the duly constituted guardian of the person, if any, has no conflict of interest and thus may serve AS guardian represent for the purpose of the pro ceeding for a party who is not sui juris, who is unborn, or who is unknown, (b) When a party to a proceeding in the probate court is not sui juris, is unborn, or is unknown, that party shall be represented in the proceeding by a guardian as defined in aubacction 4a) ef this Code section. Service upon or notice to a guardian shall constitute service upon or notice to the party represented and no additional service upon or notice to such party shall be required. Waivers, acknowledgments, consents, answers, objec tions, or other documents executed by the guardian shall be binding upon the party represented."

SECTION 39.
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:

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"(d) Individuals who are not sui juris shall be served as provided in this Code section chapter or as provided hi Code Section 15-9-17. Incapacitated individuals who are restdG&vft i wiifl stflvC lotn M?c connncci ift ftttotiici* siflic mfl.y DG SCFVCQ Dy SGFVKC* on* tt guardian ad titem appointed m this atatc."
SECTION 40. Said title is further amended by striking subsection (b) of Code Section 53-11-6 of the "Revised Probate Code of 1998," relating to waivers or acknowledgment of service or notice and consent to granting of relief or entry of an order, and inserting in its place the following:
"(b) Except as otherwise prescribed by law, the written consent of a party to the grant ing of any relief or the entry of any order sought in a proceeding, whether executed before or after the filing of the petition, shall constitute a waiver and acknowledgment of notice and service of the proceedings, waiver of citation, entry of appearance, answer admitting all allegations of fact set forth in the petition as true and correct, and imveeaWe consent to the granting of the relief or the order sought."
SECTION 41. Said title is further amended by striking subsection (a) of Code Section 53-11-9 of the "Revised Probate Code of 1998," relating to issuance of citation upon filing of a petition, contents, and meaning, and inserting in its place the following:
"(a) Upon the filing of a petition, a citation shall be issued addressed to the persons required to be served or entitled to notice; provided, however, if all parties have acknowledged service and assented to the petition, no citation need issue. The citation shall state that any objection must be made hi writing and shall designate the date on or before which objections must be filed in the probate court. The citation also shall state whether the hearing will take place on a certain date or be specially scheduled for a later date. Where appropriate, the citation shatt state that if ne objections are fitedr the petition wffl fee granted With respect to all proceedings under this title, the citation, if any, may state that if no objections are filed the petition may be granted without a

SECTION 42. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Martin of the 47th moves to amend the Senate substitute to HB 1226 by striking "To" from line 1 of page 1 and inserting in its place the following:
"To amend Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to time, place, and procedure relating to probate courts, so as to change the pro visions relating to applications to judges of probate courts for the granting of orders; to change the provisions relating to notice and service; to change the provisions relating to statements in lieu of stating time of hearing in certain types of proceedings; to change the provisions relating to contents of orders; to change provisions relating to applicabil ity; to".
By inserting "to change the provisions relating to vesting of title to property;" after the semicolon on line 14 of page 1 and by inserting "to change the provisions relating to authorized investments and the standard of care of a personal representative; to change the provisions relating to passage of title to property of an estate to heirs or beneficiaries;" after the semicolon on line 44 of page 2.
By redesignating Sections 1 through 5 as Sections 4 through 8, respectively.
By inserting between lines 12 and 13 of page 3 the following:
"SECTION 1. Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to time, place, and procedure relating to probate courts, is amended by striking Code Section

THURSDAY, MARCH 19,1998

2305

15-9-86, relating to application to the judge of the probate court for the granting of any order, petition, and notice and service thereof, and inserting in its place the following:
'15-9-86.
Every application made to the judge of the probate court for the granting of any order shall be by petition in writing, stating the ground of such application and the order sought, if Unless otherwise provided by law, if notice of the application, other than by published citation, is necessary under the law or in the judgment of the judge of the probate court, the judge shall cause a copy of the application, together with a notice of the time of hearing, to be served by the sheriff or some lawful officer upon the each party e* parties te be notified, who resides in this state and to be mailed by registered or certified mail to each party who resides outside this state at a known address, at least ten days, plus three days if mailed, before the hearing; an ; An entry of such service shall be made on the original. In extraordinary cases, where it is necessary to act before such notice can be given, the judge of the probate court shall so direct the proceedings as to make no final order until notice has been given.'
SECTION 2. Said article is further amended by striking Code Section 15-9-86.1, relating to statements in lieu of stating time of hearing in certain types of proceedings, and inserting in its place the following:
'15-9-86.1.
(a) In any of the proceedings specified in this Code section with respect to which no citation is required to be published, notice of an application to the judge of the probate court for the granting of an order may, instead of stating the time of the hearing as pro vided in Code Section 15-9-86 and other specific laws, state that the party served must file with the court his or her response to the petition within ten days after the personal service of the notice upon him or her, or 13 days after mailing if served by mail, and that if no responses are filed the petition will be granted without a hearing.
(b) If the specific laws governing a particular proceeding subject to this Code section require that a citation be published, er published and mailed, and atee be served- person aHy apen ene or more parties, such citation may, instead of stating the time of hearing, state that:
(1) Any any party who is not ordered to be served personally or by mail must file with the court his or her response to the petition on or prior to a date certain, which shall be a date for which a hearing could be set according to the laws governing the particular proceeding; and.
(2) Any party wfee is- served- personally must file with- the eeurt his- response by- thelater ef- the date certain cstabliohcd as provided above er the tenth day after the ser vice ef the notice pen him:
(c) The citation or the caption of the citation shall identify all parties upon whom per sonal service has been ordered whose names are known.
^-Failure of a party served as provided in subsection (a) or (b) of this Code section to file with the court his or her response to a petition within the time required for his or her response shall constitute a waiver of the right of such party to object to the peti tion and a waiver of any right of such party to receive notice of any further proceedings with respect to such petition.
(d) If no party serves a response to the petition, the judge of the probate court may grant the petition without a hearing. If a response is filed, the judge of the probate court shall set the matter for hearing and shall by regular first-class mail send a notice of the time of hearing to the petitioner and all parties who have served responses at the addresses given by them in their pleadings.

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(e) The proceedings to which this Code section shall apply are:
(1) Proceedings for sale, lease, exchange, or encumbrance of a ward's property, as pro vided in Code Section 29-2-4 or 29-2-7;
(2) Proceedings for citation of a guardian for failure to make returns, as provided in Code Section 29-2-44;
(3) Proceedings involving waste or mismanagement by a guardian, as provided in Code Section 29-2-45;
(4) Proceedings for discharge of a surety on a guardian's bond, as provided in Code Section 29-2-52;
(5) Proceedings for resignation of trust by a guardian, as provided in Code Section 29-2-72;
(6) Proceedings for resignation by a guardian whose ward has removed to a different county, as provided in Code Section 29-2-73;
(7) Proceedings for settlement of accounts of a guardian, as provided in Code Section 29-2-76;
(8) Proceedings for appointment of a guardian of a minor, as provided in Code Sec tion 29-4-10;
(9) Proceedings for requiring a guardian to give additional bond, as provided in Code Section 29-4-14;
(10) Proceedings for appointment of a guardian for a beneficiary of the United States Department of Veterans Affairs, as provided in Code Section 29-6-5;
(11) Proceedings for probate in solcnm form-, as provided in Gede Section 63-3-14;
11.27 x^poc6ediHB tof proDfltc OE ft HUHcupfliivc wiii) fts provided m t/ouc OCCIIOH
CO ft 1 H. UU U"A I y
{t3)(ll) Proceedings for determination of heirs at law, as provided in Code Sections 53-4-30, et seq. of the "Pre-1998 Probate Code"; and
(t4K12) Proceedings for setting aside year's support, as provided in Code Section 53-5-8} of the "Pre-1998 Probate Code."
(16) Proceedings for conveyance r encumbrance f yearns support property, s previded fa> Cede Section 63-6-3^

Gede Seetie* 63-6-39}

Cede Section 63-6-99$
(18) Proceedings for removal, settlement, or accounting open the part of- an- adminia-
Seetiea 63-6-436}
(10) Proceedings te require an administrator te> give bead r security, fts provided Cede Section 63-7-37!
(30) Proceedings involving waste er mismanagement by em executor or administrator, as provided at Cede Section 68-7-148;
(21) Proceedings for resignation of treat by an administrator er executor, as provided ede Section 63-7-140;

THURSDAY, MARCH 19, 1998

2307

(23) Proceedings (or accounting and settlement pen the part of a removed ndminia-

(28) Proceedings tor citation of an adminiatrator er executor fef fe8w*e te make returns, as provided m Go&e Section 63-7-180;
(84) Proceedings for intermediate final accounting, as provided in Code Section
y. u--iiuJ
(26) Proceedings for private sale of estate property, as provided in Code Section
CO O fljl t
SECTION 3. Said article is further amended by striking Code Section 15-9-87, relating to contents of orders, and inserting in its place the following:
'15-9-87.
The order of the judge of the probate court or other documents in the record shall always recite the names of the persons so notified and shall reflect compliance with the provisions required.'".
By redesignating Sections 6 through 36 as Sections 10 through 40, respectively.
By inserting between lines 37 and 38 of page 7 the following:
"SECTION 9. Said title is further amended by striking subsection (b) of Code Section 53-2-7 of the 'Revised Probate Code of 1998,' relating to vesting of title to property and the right to possession, and inserting in its place the following:
'(b) If no administrator is appointed within five three years after the death of an intes tate, the title to all property owned by the decedent, both real and personal, shall vest in the decedent's heirs and shall be deemed to have become vested in them as of the date of the decedent's death.'".
By redesignating Sections 37 through 42 as Sections 43 through 48, respectively.
By inserting between lines 9 and 10 of page 25 the following:
"SECTION 41. Said title is further amended by striking subsection (c) of Code Section 53-8-1 of the 'Revised Probate Code of 1998,' relating to authorized investments, standard of care, devi ation from the will or other disposition, and investments by a personal representative who is a bank or trust company, and inserting in its place the following:
'(c) Within the limitations of the standard provided in subsection (b) of this Code sec tion and considering individual investments as a part of an overall administrative strat egy. a personal representative is authorized to acquire and retain every kind of property whether real, personal, or mixed, and every kind of investment, specifically including, but not by way of limitation, bonds, debentures, and other corporate obligations and stocks, preferred or common, which persons of prudence, discretion, and intelligence acquire or retain for their own account; and within the limitations of such standard, a personal representative may retain property properly acquired, without limitation as to time and without regard to its suitability for original purchase.'
SECTION 42. Said title is further amended by striking subsection (a) of Code Section 53-8-15 of the 'Revised Probate Code of 1998,' relating to passage of title to heirs or beneficiaries and assent of the personal representative, and inserting in its place the following:
'(a) The title to all property of an estate being in the personal representative for the payment of debts and other purposes of administration, title to property in the estate

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does not pass to the heirs or beneficiaries until the personal representative assents thereto in evidence of the distribution of the property to them^ except as otherwise pro vided in Code Section 53-2-7.'".
Representative Martin of the 47th moved that the House agree to the Senate substi tute, as amended by the House, to HB 1226.
On the motion, the roll call was ordered and the vote was as follows:

Alien
Andersen Ashe Bailey Y Bannister
YBartoot Y Barnard YBarnes Y Bates
Benefield Birdsong Bohannon Y Bordeaux Y Bradford Breedlove Y Bridges Y Brooks Y Brown YBuck Buckner YBunn Y Burkhalter Y Byrd Y Campbell Canty YCash YChannell YChildera Y Clark YCoan Y Coleman, B Coleman, T YConneU Y Cooper
Crawford Crews

Y Culbreth Y Cuinznixiffs
Davis, G
Y Davis, M Day
DeLoach, B Y DeLoach, G YDiz YDixon
Dobbs Y Dukes YEhrhart YEpps
Evans YEverett
Felton YFloyd Y Franklin Y Golden Y Graves
Greene Grindley Y Hammontree Y Manner Y Harbin Y Heard Hecht Heckstall Hegstrom EHenson Holland Holmes Houston Y Howard YHudgens Hudson, H

Y Hudson, N YHugley Ylrvin
Y Jackson James Jamieson
YJenkins Y Johnson
Johnston Y Jones
Joyce YKaye ELadd
Lakly YLane
Lee Y Lewis YLord
Luc&s Maddoi YMann Y Manning Y Martin, J Y Martin, J.L YMassey McBee YMcCall Y McClinton McKinney Y Mills Y Mobley YMosley Mueller YO-Neal YOrrock Parham

On the motion, the ayes were 112, nays 0. The motion prevailed.

YParrish Y Parsons Y Pelote
Y Perry Y Pinholster YPoag YPolak Y Ponder
Porter YPowell YPurcell
YRagas Randall
YRay
Reaves Y Reichert YRice Y Richardson
Roberta Y Rogers Y Royal Y Sanders Y Sauder YScarlett YScheid Y Scott YShanahan YShaw YSherrUl YShipp
Sims Sinkfield Y Skipper Smith, C Y Smith, C.W Smith, L

Smith, L.R Y Smith, P
Smith, T Y Smith, V
Smyre YSnelling
Snow YStallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephens YTaylor Teague YTeper Thomas YTilhnan Y Titus YTolbert Trense Turnquest Twiggs Walker, L Y Walker, RL Y Watson
West Westmoreland Whitaker Y Wiles Y Williams, B Williams, J Y Williams, R Y Worthan
Yates Murphy, Spkr

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.

The following Senate amendment was read:

Amend HB 1412 by striking "public" on lines 2, 4, 9, and 41 of page 2; lines 2, 11, 13, 20, 28, and 34 of page 3; and lines 4 and 32 of page 4.
By striking "public" on lines 4 and 5 of page 1, and line 25 of page 3.

Representative McKinney of the 51st moved that the House agree to the Senate amendment to HB 1412.

THURSDAY, MARCH 19, 1998

2309

On the motion, the roll call was ordered and the vote was as follows:

Alien YAnderson YAshe
Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates
Benefield Birdsong YBohannon
Bordeaux N Bradford
YBreedlove Y Bridges Y Brooks Y Brown YBuck
Buckner YBunn Y Burkhalter YByrd
Y Campbell Canty
YCash Y Channel] YChilden Y Clark YCoan Y Coleman, B
Coleman, T YConnell Y Cooper Y Crawford Y Crews

Y Culbreth Y Cummings
Davis, G Y Davis, M YDay
DeLoach, B Y DeLoach, G YDii YDiion YDobbs Y Dukes
Ehrhart YEpps
Evans Y Everett
Felton YFloyd Y Franklin Y Golden Y Graves
Greene Grindley Y Hammontree YHanner Y Harbin Y Heard Hecht Heckstall Hegstrom EHenson Y Holland Holmes Houston Y Howard Y Hudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin
Jackson Y James
Jamieson YJenkins Y Johnson Y Johnston Y Jones
Y Joyce YKaye ELadd
Lakly YLane
Lee Y Lewis
YLord Lucas 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
Par ham

YParrish Y Parsons YPelote Y Perry Y Pinholster
YPoag YPolak Y Ponder
Porter YPowell YPurcell YRagas YRandall
Ray 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
Sims Sinkfield Y Skipper Y Smith, C Y Smith, C.W
Y Smith, L

Y Smith, L.R Y Smith, P
Smith, T Y Smith, V
Smyre YSnelling YSnow Y Staffing* Y StancU, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephens Y Taylor
Teague YTeper
Thomas YTillman Y Titus YTolbert YTrense
Tumquest YTwiggs
Walker, L Y Walker, RX Y Watson YWest
Westmorland Whitaker Y Wiles Y Williams, B Williams, J Y Williams, R Worthan Yates Murphy, Spkr

On the motion, the ayes were 132, nays 1. The motion prevailed.

Representative Bradford of the 30th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1163.

By Representatives Walker of the 141st, Hanner 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 Senate amendments were read:
Senate Amendment No. 1
Amend HB 1163 by striking line 21 of page 2 and inserting in lieu thereof the following: "water around the treatment facility, excluding sewer system overflows; provided, however,".
By striking line 8 on page 5 and inserting in lieu thereof the following: "paragraph (5) of subsection (d) of this Code section,".

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JOURNAL OF THE HOUSE,

By striking line 13 on page 5 and inserting in lieu thereof the following: "(5) of subsection (d) of this Code section."

Senate Amendment No. 2

Amend HB 1163 by striking the quotation marks at the end of line 25 of page 5 and by inserting after line 25 of page 5 the following:
"(g) The committee shall, by rules adopted pursuant to the provisions of Title 50, estab lish criteria for evaluation of the eligibility of any contractors bidding on privatizations consistent with subsection (c) of this Code section, and such criteria shall include, but not be limited to, a review of such contractors' previous performance on projects of com parable magnitude, the environmental compliance record of such contractors, and any civil or criminal penalties incurred by such contractors during the five years immediately preceding the execution of the contract. Such criteria shall provide a basis for determin ing the eligibility of any contractor. All information required by the committee pursuant to this subsection shall be provided by the contractor under oath."

Representative Shanahan of the 10th moved that the House agree to the Senate amendments to HB 1163.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Andersen YAshe
Bailey Y Bannister YBarfoot Y Barnard NBarnes
Y Bates YBenefield
Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck
Bucknei YBunn N Burkhalter YByrd Y Campbell
Canty YCash Y Channel! Y Childers Y Clark NCoan Y Coleman, B
Coleman, T YConnell Y Cooper Y Crawford
Y Crews

Y Culbreth Y Cummings
Davis, G Y Davis, M YDay YDeLoach, B Y DeLoach, G
Dix YDixon
Dobbs Y Dukes YEhrhart NEpps Y Evans YEverett
Pelton YFloyd N Franklin Y Golden Y Graves
Greene Grindley Y Hammontree Y Manner Y Harbin Heard Hecht HeckstaU Hegstrom EHenson Y Holland Y Holmes Houston
Y Howard NHudgens
Y Hudson, H

Y Hudson, N Y Hugley Ylrvto
Jackson James Y Jamieson NJenkina N Johnson
Y Jobnston Jones
N Joyce NKaye ELadd NLakly YLane
Lee Y Lewis
YLord Lucas Maddoi
YMann Y Nf&nninK
Y Martin, J Y Martin, J.L NMassey
McBee YMcCall
Y McClinton YMcKinney Y Mills Y Mobley YMosley Y Mueller YOKeal YOrrock YParham

On the motion, the ayes were 123, nays 17. The motion prevailed.

YParrish Y Parsons Y Pelote Y Perry YPinholster
YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas YRandall YRay
Reaves YReichert NRice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder YScarlett
Scheid N Scott
Y Shanahan YShaw YSherrill
YShipp Sims Sinkfield
Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P
Smith, T N Smith, V
Smyre YSnelling YSnow YStallings
Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephens YTaylor
Teague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense
Turnquest YTwiggs Y Walker, L N Walker, R.L
Y Watson YWest
Westmoreland Whi taker Y Wiles Williams, B Williams, J Y Williams, R
YWorthan Yates Murphy, Spkr

THURSDAY, MARCH 19, 1998

2311

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 Senate substitute was read:

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 or other public educational institutions for specified purposes; to authorize exchanges; to provide for terms and condi tions; to provide for construction; to provide for a public hearing; to provide for a required meeting; 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)(l) Any county governing authority and the governing authority of any consoli dated 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 or other public edu cational institution for use as a site for a public school or other educational purpose. Any county governing authority and the governing authority of any consolidated gov ernment may sell, grant, convey, or transfer to the local board of education or other public educational institution licenses, easements, or lesser interests in such real prop erty 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 or other public educational institu tion for other real property for such purposes. Such a sale, grant, lease, rental, convey ance, or transfer may be made by negotiation between the governing authority and local board of education or other public educational institution without advertisement, bidding, auction, notice, publication, or referendum. This subsection shall not be con strued to abrogate 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 consolidated government. (2) Prior to executing any sale, grant, lease, rental, conveyance, or transfer pursuant to the provisions of paragraph (1) of this subsection, the governing authority propos ing such action shall hold a public hearing in the immediate vicinity of the affected property. Such hearing shall be advertised by posting conspicuous notice at the place of the hearing and at the affected property. The governing authority shall have at least one representative at the public hearing to receive the comments and concerns expressed and to report such comments and concerns to the governing authority. (3) After the public hearing provided in paragraph (2) of this subsection but before the action proposed under paragraph (1) of this subsection, the governing authority

2312

JOURNAL OF THE HOUSE,

proposing the action shall hold at least one meeting to discuss the transaction in light of the comments and concerns expressed at the public hearing."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Teper of the 61st moved that the House agree to the Senate substitute to HB 1550.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien YAndenon YAahe
Bailey Y Bannister
Barfoot Y Barnard YBarnes
Bates YBenefield YBirdaong Y Bohannon
Bordeaux Bradford YBreedlove Y Bridge. Y Brooks Y Brown YBuck Buckner
Y Burkhalter YByrd Y Campbell Y Canty YCash YChannell YChildera Y Clark
Coan Coleman, B Coleman, T YConnell Y Cooper YCrawford Y Crews

Culbreth Y Cummings
Davis,G Y Davis, M YDay YDeLoach, B
YDeLoach,G Diz
YDixon
YDobbe YDukes YEhrhart
YEpps YEvans Y Everett
Felton
YFloyd Y Franklin
Y Golden Y Graves
Greene YGrindley YHammontree YHanner
Y Harbin Y Heard
Hecht Heckitall Hegstrom Henson Y Holland Holme. Y Houston Y Howard YHudgena Y Hudson, H

Y Hudson, N YHugley Ylrvin
Jackson Y James
YJamieson YJenkins
Johnson YJohnston
Jones Joyce YKaye ELadd 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 YParham

YParrish Y Parsons YPelote Y Perry Y Pinholster YPoag YPolak
Y Ponder Porter
YPowell YPurcell YRagas
YRandaU Ray Reaves
Y Reichert YRice Y Richardson Y Roberta Y Rogers Y Royal Y Sanders Y Sauder YScarlett YScheid Y Scott Y Shanahan YShaw YSherrUl YShipp
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 YSmyre YSnelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephens Y Taylor
Teague Y Teper Y Thomas YTUlman Y Titus Y Tolbert YTrense
Tumquest YTwiggs Y Walker, L Y Walker, R.L
Y Watson YWest
Westmorland YWhitaker
Wiles Y Williams, B
Williams, J Y Williams, R Y Worthan Y Yates
Murphy, Spkr

On the motion, the ayes were 138, nays 0. The motion prevailed.

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 Senate substitute was read:

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

THURSDAY, MARCH 19, 1998

2313

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; (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 involuntarUyj (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:

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JOURNAL OF THE HOUSE,

(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 in 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-likej 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; (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

THURSDAY, MARCH 19, 1998

2315

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 IS-ll-SU; 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.
0) 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.
(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 wrtfe the department the child is considered to have entered foster care or until sooner terminated by the court. For the purposes of this sub section, the date the child is considered to have entered foster care shall be the date of the first judicial finding that the child has been subjected to child abuse or neglect. or the date that is 60 days after the date on which the child is removed from the home, whichever is earlier. All cases of children in foster care in the custody of the Division of Family and Children Services of the Department of Human Resources shall be ini tially 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 representa tive of the Division of Family and Children 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 com menced. In the event the review is conducted by citizen review panels, the panel shall transmit its report, including its findings and recommendations and those of the depart ment such division, along with the department'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

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JOURNAL OF THE HOUSE,

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 pro viding 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 deportneat 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 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 16 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) of Code Section 16-11-81. 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 U 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.
flKn) The court which made the order may extend its duration for not more than 12 months if:

THURSDAY, MARCH 19, 1998

2317

(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 ftrtwe status ef the ehiM including fecit net limited to; whether the child sheaM fee returned
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8uOluu DC plftCCu rOf AflOpuOA) OP SflOVlifl) DGC0U8C Or U1G CfUiu 8 8J3CC1CU HGCdS OP CfiPTM1
cumgtancea, fee continued in fester core en a permanent er long Uii'm basis 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, and- 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 affectedf, 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 (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 in 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. W(p) 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. W(q) 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. This Act shall become effective on July 1, 1998.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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Representative Ragas of the 64th moved that the House agree to the Senate substitute to HB 1585.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien YAndenon YAahe
Bailey V Bannister YBarfoot Y Barnard YBarnes Y Bates
Benefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridge. YBraob Y Brown YBuck
YBuckner YBunn Y Burkhalter YBytd Y Campbell Y Canty YCaah YChannell YChUden
Clark Coan Coleman, B Coleman, T YConnell Cooper YCrawford Y Crews

Y Culbreth Y CummixigB
YDavis, G Y Davia, M
Day YDeLoach, B YDeLoach, G YDix YDixon YDobbe
YDukM YEhrhart YEppe Y Evans YEverett
Felton YFloyd Y Franklin Y Golden Y Graves
Greene Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht Heckstall Hegstrom YHenaon
Y Holland Y Holmes Y Houston
Y Howard YHudgens
Hudson, H

Y Hudson, N YHugley Ylrvin Y Jackson
Y James Y Jamieson YJenkins
Johneon Y Johnston
Jones Y Joyce YKaye ELadd YLakly YLane YLee Y Lewis
YLord Lucas Maddoz
YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee
McCall
McClinton McKinney
Y Mills Y Mobley YMosley
Mueller YO'Neal
YOrrock YParham

On the motion, the ayes were 144, nays 0. The motion prevailed.

YParrish Parsons
Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder
Porter YPowell YPurcell Y Ragas YRandall
Reaves YReichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders YSauder YScarlett YScheid Y Scott YShanahan YShaw YSherrUl YShipp YSims
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Smith, P Smith, T
Y Smith, V
YSmyre YSnelling YSnow YStallings YStancil,F Y Stancil, S
Stanley, L Stanley, P Y Stephens Y Taylor Teague YTeper Y Thomas YTiUman
Y Titus YTolbert YTrense
Turnquest
YTwiggs Y Walker, L Y Walker, R.L Y Watson
YWest Westmoreland
YWhitaker Y Wiles Y Williams, B
Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

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 following Senate substitute was read:

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; to provide for a short title; to provide for definitions; to provide for the name, status, mem bership, powers, and duties of the authority; to provide for officers, an executive commit tee and other committees and subcommittees, and personnel; to provide for appointment, compensation, expenses, terms, and vacancies of members of the authority; to provide for the management and operation of the authority; to provide for the purpose of the author ity; to provide for contracts with the Georgia Golf Hall of Fame Board; to provide for cov enants by the state; to provide for exemptions from taxation; to provide for actions and the venue thereof; to provide for the exercise of police powers; to provide for a security

THURSDAY, MARCH 19, 1998

2319

force and the powers and duties thereof; to provide for trust funds; to provide for the fix ing of rentals, charges, and other fees; to provide that the Attorney General shall provide for legal services to the authority; to provide for the issuance of revenue bonds and the practices, procedures, terms, and conditions thereof; to provide for investment in the bonds of the authority; to provide for other matters relative to the authority; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, is amended by adding at the end thereof a new Part 13 to read as fol lows:
"Part 13
12-3-580. This part shall be known and may be cited as the 'Georgia Golf Hall of Fame Authority Act.'
12-3-581. As used in this part, the term:
(1) 'Authority' means the Georgia Golf Hall of Fame Authority. (2) 'Cost of the project' means the cost of construction; the cost of all lands, proper ties, rights, easements, and franchises acquired; the cost of all machinery and equip ment; financing charges; interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, and legal expenses and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incident to the financing authorized in this part, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obli gation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of such bonds or obligations as may be issued by any authority, department, commission, or agency of the State of Georgia. (3) 'Project' means and includes one or a combination of two or more of the following: buildings, facilities, and all structures; electric, gas, steam, water, and sewerage utili ties; and improvements of every kind and character deemed by the authority neces sary or convenient for its purposes.
12-3-582. (a) There is created a body corporate and politic to be known as the Georgia Golf Hall of Fame Authority which shall be deemed to be an instrumentality of the State of Geor gia and a public corporation; and by that name, style, and title such body may contract and be contracted with, bring actions, complain and implead in any judicial, administra tive, arbitration, or other action or proceeding, and, to the extent permitted by law, have actions brought against it, be impleaded, and defend in such proceedings. (b) The authority shall consist of 15 members who shall serve terms of six years from the date of their appointment. Nine members shall be appointed by the Governor, three members shall be appointed by the Lieutenant Governor, and three members shall be appointed by the Speaker of the House of Representatives; but all members shall be appointed from the same persons who comprise the Georgia Golf Hall of Fame Board. No person at any time may serve on only the Georgia Golf Hall of Fame Board or the authority, but rather a member of either must at all times serve on both. (c) The authority shall elect the chairperson of the authority for a term of one year from among the members of the authority. The authority shall elect one of its members as vice chairperson and shall elect a secretary and a treasurer who need not be members. The offices of secretary and treasurer may be combined in one person.

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(d) The authority may adopt, alter, or repeal bylaws for its government as is deemed necessary but is under no duty to do so. (e) The authority may designate from among its members an executive committee and one or more other committees, each consisting of two or more members of the authority and each of which, to the extent provided in the bylaws of the authority, shall have and may exercise such authority as the authority may delegate to it. Any such committee shall act by a majority of its members. The designation of any such committee and the delegation thereto of authority shall not operate to relieve the authority or any member thereof of any responsibility imposed by law. (f) Any eight members of the authority shall constitute a quorum necessary for the transaction of business; and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted by this part. No vacancy on the authority shall impair the right of a quorum to transact any and all business as provided in this subsection. (g) The unexpired term of any member who ceases to serve from any cause shall be filled in the same manner that such member was originally appointed to the authority, (h) The members of the authority shall receive for each day that such members are in attendance at a meeting of the authority a daily expense allowance and reimbursement for transportation costs 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.
12-3-583. The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all the books, together with a proper statement of the authority's financial position, at the close of its fiscal year each year to the state auditor. The books and records shall be inspected and audited by the state auditor at least once each year.
12-3-584. (a) Without limiting the generality of any provision of this part, the general purpose of the authority is declared to be:
(1) Constructing and maintaining a facility and related attractions to house the Geor gia Golf Hall of Fame to honor those, living or dead, who by achievement or service have made outstanding and lasting contributions to the sport of golf in this state or elsewhere; and (2) Operating, advertising, and promoting the Georgia Golf Hall of Fame. (b) The authority shall have the following powers: (1) To bring actions, complain, and implead in any judicial, administrative, arbitra tion, or other action or proceeding and, to the extent permitted by law, to have actions brought against it, to be impleaded, and to defend in such proceedings; (2) To have a seal and alter the same at its pleasure; (3) To elect, appoint, or hire officers, employees, and other agents of the authority, including experts and fiscal agents, define their duties, and fix their compensation; (4) To acquire by purchase, gift, lease, or otherwise and to own, hold, improve, and use and to sell, convey, exchange, transfer, lease, sublease, and dispose of all real and personal property of every kind and character or any interest therein for its corporate purposes; (5) To have custody and control of any real property acquired by the state, through its State Properties Commission, for the benefit of the authority and to construct the Georgia Golf Hall of Fame buildings and facilities on that property; (6) To make all contracts and to execute all instruments necessary or convenient to its purposes; (7) To receive and accept loans, gifts, grants, donations, or contributions of property, facilities, or services, with or without consideration, from any person, firm, or corpora tion or from the State of Georgia or any agency or instrumentality thereof or from any county, municipal corporation, or local government or governing body;

THURSDAY, MARCH 19, 1998

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(8) To borrow money for any of its corporate purposes and to provide for the pay ment of same, as may be permitted under the Constitution and the laws of the State of Georgia; (9) To hold, use, administer, and expend such sum or sums as may hereafter be received as income, as gifts, or through other means by authority of the General Assembly for any of the purposes of this authority; (10) To fix, alter, charge, and collect fares, rates, rentals, and other charges for its faculties and for admission to its grounds at reasonable rates, to be determined by the authority; (11) To sell or authorize others to sell, upon obtaining a license from the Department of Revenue, alcoholic beverages for consumption on the premises only upon property operated and controlled by the authority; (12) To contract with the state and its departments or any county, municipal corpora tion, political subdivision, public corporation, or public authority with respect to activ ities, services, or facilities the contracting parties are authorized by law to undertake or provide; (13) To exercise any power usually possessed by private corporations performing simi lar functions which is not in conflict with the Constitution and the laws of the State of Georgia; (14) To do all things necessary or convenient to carry out the powers and purposes of the authority; (15) To accept loans or grants, or both, of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumental ity may impose; (16) To contract with the Georgia State Financing and Investment Commission for the construction of the project as provided for in Article 2 of Chapter 17 of Title 50; or to contract with other authorities, departments, or agencies of the State of Georgia for the construction of the project; (17) To invest and reinvest any or all idle funds or moneys, including, but not limited to, funds held in reserve or debt retirement or received through the issuance of reve nue certificates or from contributions, gifts, or grants, which cannot be immediately used for the purpose for which received, such investment to be made in any security or securities which are legal investments for executors or trustees; provided, however, that investments hi such securities will at all times be held for and, when sold, used for the purposes for which the money was originally received; (18) To grant, on an exclusive or nonexclusive basis, the right to use and occupy streets, roads, sidewalks, and other public places for the purpose of rendering utility services, upon such conditions and for such time as the authority may deem wise; and (19) To appoint special advisory committees and panels of citizens to advise the authority of certain issues and to reimburse the individuals appointed for actual expenses incurred in performing their tasks.
12-3-585.
The authority is authorized to contract with the Georgia Golf Hall of Fame Board, cre ated by Part 2 of Article 4 of Chapter 12 of Title 50, to exercise on behalf of the board, such future responsibility in connection with the acquisition, construction, operation, management, and maintenance of the project as is now or may be vested in the board; and the board is authorized by such contract to delegate to the authority all of its responsibilities and powers with respect to the project and to transfer to the authority any and all contracts, plans, documents, or other papers of said board relating to the project, together with any and all funds heretofore or hereafter appropriated to it for the acquisition, construction, operation, management, or maintenance of the project or for all other purposes related to the project, other than appropriations made specifically for debt service purposes, as compensation to the authority under such contract. Under contract with the board, as authorized in this Code section, the authority, on behalf of the board, shall plan, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage the project, as defined in this part, on

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property owned by or leased by the authority or the State of Georgia in AugustaRichmond County, Georgia, the cost of the project to be paid in full or in part from the proceeds of general obligation bonds issued by the State of Georgia as the General Assembly may authorize or from such proceeds and other funds as may be available for such purposes, including any grant from the United States of America or any agency or instrumentality thereof. All actions of the authority and the board heretofore taken in connection with such contractual relationship are ratified and confirmed and shall not be affected by any provision of this chapter. Nothing in this part shall affect the powers or duties of the Georgia State Financing and Investment Commission or the State Prop erties Commission. Nothing in this Code section nor anything in any contract between the authority and the board shall prevent the board from contracting for any other exer cise of its powers necessary or convenient to the board.
12-3-586. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this part. The State of Georgia covenants that the authority shall be required to pay no taxes or assessments upon any of the property under its jurisdiction, control, possession, or supervision, or upon its activities in the operation or maintenance of the facilities erected, maintained, or acquired by it or any fees, rentals, or other charges for the use of such facilities or other income received by the authority. The exemption from taxa tion shall include exemptions from sales and use taxes on property purchased by the authority or for use by the authority. However, in no event shall the exemptions granted in this Code section extend to any lessee or other private persons or entity.
12-3-587. Any action against the authority to protect or enforce any rights under the provisions of this part shall be brought in the Superior Court of Richmond County, Georgia, and such court shall have exclusive original jurisdiction of such actions.
12-3-588. (a) The authority is authorized to exercise such of the police powers of the state as may be necessary to maintain peace and order and to enforce any and all zoning, use, and personal conduct restrictions upon the properties, facilities, and persons under its juris diction to the extent that such is lawful under the laws of the United States and this state. The authority may delegate all or any part of the performance of these functions temporarily or permanently to the state or to the county in which its facilities are located. (b) The authority is authorized to contract for or to provide for and maintain a security force with respect to the facilities and property owned, leased, operated, or under the control of the authority and within the territory thereof. The security force shall have the duty to protect persons and property, disperse unlawful or dangerous assemblages, control pedestrian and vehicular traffic, and otherwise preserve and protect the public peace, health, and safety. For these purposes, a member of such force shall be a peace officer and, as such, shall have authority equivalent to the authority of a law enforce ment officer of the county in which he or she is discharging his or her duties.
12-3-589. All moneys received pursuant to the authority of this part, whether as grants or other contributions or as revenues, rents, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this part.
12-3-590. The authority is authorized to fix rentals and other charges which any user, exhibitor, concessionaire, franchisee, or vendor shall pay to the authority for the use of the project or part thereof or combination thereof and to charge and collect the same and to lease

THURSDAY, MARCH 19, 1998

2323

and make contracts with political subdivisions and agencies with respect to use of any part of the project.
12-3-591. The Attorney General shall provide legal services for the authority and in connection therewith the provisions of Code Sections 45-15-13 through 45-15-16 shall be fully appli cable.
12-3-592. (a) The authority or any authority or body which may succeed to the powers, duties, and liabilities vested in the authority is authorized at one time, or from time to time, to provide by resolution for the issuance of revenue bonds for the purpose of paying all or any part of the cost, as defined in this part, of any one project or a combination of projects. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in subsection (n) of this Code section for such payment. The bonds of each issue shall be dated and shall mature at such times and bear interest at such rates as may be determined by the authority, payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. (b) The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company inside or outside the state. The bonds may be issued in cou pon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. (c) In case any officer whose signature appears on any bonds or whose facsimile signa ture appears on any coupon ceases to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until such delivery. All such bonds shall be signed by the chairperson or vice chairperson of the authority, and the official seal of the authority shall be affixed thereto and attested by the secretary or assistant secretary of the authority; and any coupons attached thereto shall bear the signature or facsimile signa ture of the chairperson or vice chairperson of the authority. Any coupon may bear the facsimile signature of such person, and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. (d) All revenue bonds issued under this part shall have and are declared to have all the qualities and incidents of negotiable instruments. Such bonds and the income therefrom shall be exempt from all taxation within the state. (e) The authority may sell bonds in such manner and for such price as it may determine to be for the best interests of the authority. (f) The proceeds of bonds shall be used solely for the payment of the cost of the project and shall be disbursed upon requisition or order of the chairperson or vice chairperson of the authority under such restrictions, if any, as provided by the resolution authorizing the issuance of the bonds or by the trust indenture mentioned in subsection (k) of this Code section. (g) Prior to the preparation of definitive bonds, the authority may, under like restric tions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter, (h) The authority may provide for the replacement of any bond which becomes muti lated or is destroyed or lost. (i) Revenue bonds may be issued without the conducting of any proceedings, the exis tence of any conditions, or the happening of any events other than those proceedings, conditions, and events which are specified or required by this part. In the discretion of

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the authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more, including a combination of, projects at any one institution or any number of institutions. Any resolution providing for the issuance of revenue bonds under this part shall become effective immediately upon its passage and need not be published or posted. Any such resolution may be passed at any regular, special, or adjourned meeting of the authority by a majority of its members. (j) Revenue bonds issued under this part shall not be deemed to constitute a debt of the State of Georgia or a pledge of the faith and credit of the state. Such bonds shall be payable solely from the fund provided for in subsections (m) through (p) of this Code section, and the issuance of such revenue bonds shall not directly, indirectly, or contin gently obligate the state to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their faces covering substantially the foregoing provisions of this Code section.
(k)(l) In the discretion of the authority, any issue of revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside
of the state. Such trust indenture may pledge or assign rents, revenues, and earnings
to be received by the authority. (2) Either the resolution providing for the issuance of revenue bonds or the trust
indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of
law, including covenants setting forth the duties of the authority in relation to the acquisition of property; the construction of the project; the maintenance, operation,
repair, and insurance of the project; and the custody, safeguarding, and application of all moneys. The resolution or indenture may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers
or architects employed or designated by the authority and satisfactory to the original purchasers of the bonds issued therefor. The resolution or indenture may also require
that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers and may also contain provisions concerning the conditions, if any, upon which additional revenue
bonds may be issued. (3) The indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is custom
ary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing provisions of this Code section, the trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of
the bondholders. (4) It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge
such securities as may be required by the authority. (5) All expenses incurred in carrying out the trust indenture may be treated as a part
of the cost of maintenance, operation, and repair of the project and of the cost of the project affected by such indenture. (1) The authority shall, in the resolution providing for issuance of revenue bonds or hi
the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as
trustee of such funds and shall hold and apply the same to the purposes expressed in this part, subject to such regulations as this part and such resolution or trust indenture may provide.
(m) Unless otherwise pledged and allocated, any and all revenues, rents, and earnings
received by the authority, regardless of whether or not such revenues, rents, and earn ings were produced by a particular project for which bonds have been issued, may be pledged and allocated by the authority to the payment of the principal and interest on
revenue bonds of the authority as the trust indenture or the resolution authorizing the issuance of the bonds may provide. (n) Such funds so pledged from whatever source received, which pledge may include funds received from one or more or all sources, shall be set aside at regular intervals,

THURSDAY, MARCH 19, 1998

2325

as may be provided in the resolution or trust indenture, into a sinking fund which shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) The necessary charges of paying agents for paying principal and interest; and (4) Any premium upon bonds retired by call or purchase.
(o) The use and disposition of such sulking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another.
(p) Subject to the provisions of the resolution authorizing the issuance of the bonds or to the trust indenture, surplus moneys in the sinking fund may be applied to the pur chasing or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued.
(q) Except to the extent the rights given hi this Code section may be restricted by reso lution passed before the issuance of bonds or by a trust indenture, any holder of revenue bonds or interest coupons issued under this part, any receiver for such holders, or any indenture trustee, if any, may either at law or in equity, by action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Geor gia or granted by this part or under such resolution or trust indenture. Such holder, receiver, or trustee may enforce and compel performance of all duties required by this part, or by resolution or trust indenture, to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects. In the event of default of the authority upon the principal and interest obligations of any revenue bond issue, such holder, receiver, or trustee shall be subrogated to each and every right which the authority may possess and, in the pursuit of his or her or its remedies as subrogee, may proceed either at law or in equity, by action, mandamus, or other proceedings, to collect any sums by such proceedings due and owing to the authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which such holder, receiver, or trustee is representative. No holder, receiver, or trustee shall have the right to compel any exercise of the taxing power of the state to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the state, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the state.
(r) The authority is authorized to provide by resolution for the issuance of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under this part and then outstanding, together with accrued interest thereon. The issu ance of such revenue refunding bonds, the maturities, and all other details thereof; the rights of the holders thereof; and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this part insofar as the same may be applica ble.
(s) While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority, or of its officers, employees, or agents, or of any department, board, commission, or agency of the state shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. This part shall be for the benefit of the state, the authority, and the holders of any such bonds and, upon the issuance of bonds under this part, shall consti tute a contract with the holders of such bonds.
(t) Bonds of the authority shall be confirmed and validated in accordance with the pro cedure of Article 3 of Chapter 82 of Title 36. The petition for validation shall also make party defendant to such action any authority, division, subdivision, instrumentality, or agency of the State of Georgia which, or any person who, has contracted with the authority for the use of any building, structure, or facilities for which bonds have been issued and sought to be validated. Such authority, division, subdivision, instrumentality, agency, or person shall be required to show cause, if any, why such contract or contracts

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and the terms and conditions thereof should not be inquired into by the court, the valid ity of the terms thereof determined, and the contract adjudicated as security for the payment of any such bonds of the authority. The bonds when validated and the judg ment of validation shall be final and conclusive with respect to such bonds and against the authority issuing the same and against any authority, division, subdivision, instru mentality, department, agency, or person contracting with the authority, (u) No bonds shall be issued by the authority under this part unless the issuance of such bonds has been reviewed and approved by the Georgia State Financing and Invest ment Commission. (v) The bonds authorized by this part are made securities in which all public officers and bodies of this state; all municipalities and all municipal subdivisions; all insurance companies and associations and other persons carrying on an insurance business; all banks, bankers, trust companies, savings banks, and savings associations, including sav ings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business; all administrators, guardians, executors, trustees, and other fiduciaries; and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds, including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and municipal subdivi sions for any purpose for which the deposit of the bonds or other obligations of this state is now or may hereafter be authorized."
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 hi conflict with this Act are repealed.

Representative Connell of the 115th moved that the House agree to the Senate substi tute to HB 1126.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien
YAndenon YAshe Y Bailey N Bannister YBarfoot Y Barnard YBarnes
Bates YBenefield
YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove N Bridges Y Brooks Y Brown YBuck
Buckner
NBunn Y Burkhalter Y Byrd YCampbeU Y Canty YCaah Y Channel! YChilden
Clark NCoan YColeman, B

Coleman, T Y Connell Y Cooper Y Crawford N Crews YCulbreth Y Cununings Y Davis, G NDavi, M NDay YDeLoach, B YDeLoach, G YDii YDixon YDobbs Y Dukes Y Ehrhart YEpps
Evans YEverett
Felton YFloyd N Franklin
Golden Y Graves
Greene Grindley NHammontree Banner Y Harbin Y Heard

YHecht Heckstall
Hegstrom YHenson Y Holland
Holmes Y Houston
Howard YHudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin
Jackson Y James Y Jamieson YJenkms
Johnson Y Johnston
Jones N Joyce NKaye ELadd NLakly YLane
Lee Y Lewis
Lord Lucas Maddoi YMann

Manning Y Martin, J Y Martin, J.L NMassey YMcBee YMcCaU Y McClinton
McKinney N Mills YMobley
YMosley YMueller YO-Neal
YOrrock YParham YParrish
Parsons YPelote Y Perry YPinholster YPoag YPolak Y Ponder
Porter PoweU YPurceU YRagas YRandall YRay Reaves YReichert

YRice Richardson
Y Roberts Y Rogers Y Royal Y Sanders YSauder YScarlett
Scheid Y Scott YShanahan YShaw YSherrill YShipp YSims
Sinkfield
N Smith, C.W Y Smith, L Y Smith, US Y Smith, P
Smith, T N Smith, V
Smyre Snelling YSnow Y Stalling. Y Stencil, F Y Stencil, S Stanley, L

THURSDAY, MARCH 19, 1998

2327

Stanley, P Y Stephen YTaylor
Teague YTeper

Y Thomas Y Tillman Y Titus Y Tolbert Y Transe

Turnquest Twiggs Y Walker, L Walker, RX Y Watson

Y West Westmoreland
Y Whitaker Y Wiles
Williams, B

Williams, J Y Williams, R Y Worthan Y Yates
Murphy, Spkr

On the motion, the ayes were 120, nays 16. The motion prevailed.

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 Senate amendment was read:

Amend HB 1747 by inserting on line 6 of page 1, immediately after the word and symbol "municipalities;" the following:
"to change provisions relating to uniform regulations governing erection and maintenance of traffic-control devices;".
By inserting between lines 35 and 36 of page 2 the following:
"SECTION 4. Said chapter is further amended by deleting in its entirety subsection (c) of Code Section 32-6-50, relating to uniform regulations governing erection and maintenance of traffic-con trol devices, and substituting in lieu thereof the following:
'(c) In conformity with the uniform regulations of the department, counties and munici palities shall place and maintain upon the any public roads of their respective public road systems classified b_ the department as major thoroughfares such traffic-control devices as are necessary to regulate, warn, or guide traffic except that counties and municipalities also shall erect and maintain a sign for each railroad crossing at grade on their respective county road or municipal street systems, warning motorists of such crossing. Furthermore, each railroad company shall erect and maintain a railroad crossbuck sign on its right of way at all such crossings. The placement and maintenance of traffic-control devices by counties and municipalities on other roads and streets in the county or municipal road systems shall conform to uniform regulations of the depart ment promulgated by the department no later than December 31, 1998. which address the specific characteristics of such other roads and streets.'"
By redesignating Sections 4, 5, 6, and 7 as Sections 5, 6, 7 and 8, respectively.

The following amendment was read and adopted:

Representatives Dobbs of the 92nd and Sherrill of the 62nd move to amend HB 1747 by inserting immediately after the semicolon on line 2 of page 2 the following:
"provided, however, that preconstruction or construction activities for the Outer Perime ter identified by paragraph (14) of subsection (a) of Code Section 32-4-22 shall not be authorized under this paragraph until the department has certified that those road corri dors of the Developmental Highway System identified bg paragraphs (1) through (13) and paragraph (16) of subsection (a) of Code Section 32-4-22 have been completed and

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JOURNAL OF THE HOUSE,

that the road corridors identified by paragraph (16) of subsection (a) of Code Section 32-4-22 include a road linking 1-75 with SR 316 in a corridor located within five miles of SR 20 and having interchanges only at 1-75, 1-575, SR 400, 1-985, 1-85. and SR 316 with isolated integral service facilities for the sale of food and fuel no closer than 20 miles apart;'".

Representative McCall of the 90th moved that the House agree to the Senate amend ment, as amended by the House, to HB 1747.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Andersen
YAshe
Y Bailey Y Bannister
YBarfoot Y Barnard YBarnes Y Bates YBenefield
Birdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck YBuckner
Bunn Y Burkhalter
YByrd Y Campbell
Y Canty YCaah YChanneU YChilders Y Clark YCoan YColeman, B
Coleman, T
YConnell Y Cooper Y Crawford Y Crews

Y Culbreth Y CununingB
Davis, G Y Davis, M YDay Y DeLoach, B YDeLoach, G YDii YDUon YDobbs Y Dukes YEhrhart YBpps
YEverett YFelton YFloyd Y Franklin
Golden Y Graves
Greene Grindley Y Hammontree Manner Y Harbin Y Heard YHecht Heckstall Hegstrom YHenson Y Holland Holmes Houston Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson YJenkins Y Johnson Y Johnston
Jones Y Joyce YKaye ELadd YLakly YLane YLee Y Lewis YLord Y Lucas
Maddoi YMann Y Mflnninif Y Martin, J Y Martin, J.L YMassey YMcBee Y McCall Y McClinton
McKinney YMills Y Mobley YMosley
Mueller YO-Neal YOrrock YParham

On the motion, the ayes were 136, nays 0. The motion prevailed.

YParrish Parsons
Y Pelote Y Perry
Pinholster YPoag YPolak Y Ponder
Porter YPowell YPurcell YRagas YRandall YRay
Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal
Sanders Y Sauder Y Scarlett YScheid Y Scott Y Shanahan
Shaw YSherriU YShipp
Sims Sinkfield Skipper Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P
Smith, T Y Smith, V YSmyre
Snelling YSnow YStallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephens Y Taylor Teague YTeper Y Thomas YTillman Titus YTolbert YTrense Turaquest Twiggs Walker, L Walker, R.L Y Watson YWest Westmoreland YWhitaker Y Wiles Williams, B Williams, J Y Williams, R YWorthan Yates
Murphy, Spkr

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 Senate amendment was read:

Amend HB 1404 by striking "17" and inserting in lieu thereof "18" on line 15 of page 1. By striking "Eight" and inserting in lieu thereof "Nine" on line 16 of page 1. By striking "eight" and inserting in lieu thereof "nine" on line 19 of page 1. By striking "and" at the end of line 3 on page 2.

THURSDAY, MARCH 19, 1998

2329

By striking "." and inserting in lieu thereof "j and" at the end of line 5 on page 2.
By inserting "(I) The commissioner of community affairs, or such commissioner's designee." between lines 5 and 6 on page 2.

Representative McCall of the 90th moved that the House agree to the Senate amend ment to HB 1404.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Andenon
YAshe Bailey
Y Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield
Birdsong YBohannon Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn Y Burkhalter YByrd Y Campbell Y Canty YCaah Y Channel! YChilden Y Clark YCoan YColeman, B
Coleman, T YConnell Y Cooper Y Crawford Y Crews

Y Culbreth Y Cummings Y Davis, G Y Davis, M
Day YDeLoach, B YDeLoach, G YDix YDiion YDobbs YDukes YEhrhart YEpp.
Evans YEverett YFelton YPloyd Y Franklin Y Golden Y Graves
Gnene Grindley
Hammontree Y Manner Y Harbin
Y Heard YHecht
Hecks tall Hegstrom YHenson Y Holland Holmes Y Houston
rlownrct YHudgens Y Hudson, H

Y Hudson, N Hugley
Ylrvin Y Jackson Y James YJamieson Y Jenkins Y Johnson Y Johnston
Jones Joyce YKaye ELadd YLakly Lane YLee Y Lewis YLord Y Lucas Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee Y McCall Y McClinton McKinney Y Mills Y Mobley YMosley Mueller YO-Neal YOrrock YParham

YParrish Parsons
Y Pelote Y Perry
Pinholster Poag YPolak Ponder Porter Powell YPurceU YRagas YRandall Ray Reaves Y Reichert YRice Richardson Y Roberts Y Rogers Royal Sanders Y Sauder YScarlett YScheid 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,?
Smith, T Y Smith, V YSmyre
Snelling YSnow YStallings Y Stancil, F Y Stancil,S
Stanley, L Stanley,? Y Stephens Y Taylor Teague YTeper Y Thomas Y TUhnan Y Titus Y Tolbert YTrense Turnquest YTwiggs Y Walker, L Walker, R.L Y Watson YWest Westmoreland YWhitaker Y Wiles Y Williams, B Williams, J Y Williams, R YWorthan Yates Murphy, Spkr

On the motion, the ayes were 135, nays 0. The motion prevailed.

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 following Senate substitute was read:

A BILL
To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change certain provisions with respect to the effective date of annexation; to add a provision relating to resolution of land use classification disputes; to require initiation of zoning procedures prior to the effective date of annexation; to provide an effective date; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking Code Section 36-36-2, relating to the effective date of annexation, and inserting in its place a new Code Section 36-36-2 to read as follows:
"36-36-2. (a) Except as provided in subsection fb) (c) of this Code section, all annexation other than bg local Act shall become effective for ad valorem tax purposes on December 31 of the year during which such annexation occurred and for all other purposes shall become effective on the first day of the month following the month during which the requirements of Article 2, 3, or 4 of this chapter, whichever is applicable, have been met. (b) Except as provided in subsection (c) of this Code section, annexation by local Act shall become effective for ad valorem tax purposes on December 31 of the year in which such local Act is approved by the Governor or becomes law without such approval and for all other purposes shall become effective at the time such local Act becomes effective or such later date as provided in such local Act. {bMc) Where an independent school system exists within the boundaries of a municipal ity, other effective dates may be established by the municipality solely for the purpose of determining school enrollment."
SECTION 2. Said title is further amended by adding at the end of Article 1 of Chapter 36 thereof, relating to general annexation provisions, a new Code section to read as follows:
"36-36-11. (a) As used in this Code section, the term 'bona fide land use classification objection' means an objection to a proposed change in land use which results in a substantial change in the intensity of the allowable use of the property or a change to a significantly different allowable use. (b) On or after July 1, 1998, an annexation shall not be effective until any bona fide land use classification objections raised by the county relative to the area to be annexed are resolved pursuant to the dispute resolution process required by subparagraph (C) of paragraph (4) of Code Section 36-70-24."
SECTION 3. Said title is further amended by striking in its entirety paragraph (1) of subsection (d) of Code Section 36-66-4, relating to zoning for property proposed for annexation, and insert ing in lieu thereof a new paragraph (1) to read as follows:
"(1) Such municipal local government stay begin shall complete the procedures required by this chapter for such zoning^ except for the final vote of the municipal governing authority, prior to adoption of the annexation ordinance <w resolution or the effective date of any local Act but no sooner than at any time en e* fte the date the notice of the proposed annexation is provided to the governing authority of the county as required under Code Section 36-36-6;".
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Royal of the 164th moved that the House agree to the Senate substi tute to HB 1603.
On the motion, the roll call was ordered and the vote was as follows:

THURSDAY, MARCH 19,1998

2331

N Alien Anderson
YAihe Y Bailey N Bannister
YBarfoot Y Barnard
YBarnes YBato Y Benefield
YBirdsong YBohannon Y Bordeaux
N Bradford Breedlove
N Bridges Y Brooks Y Brown YBuck YBuckner YBunn N Burkhalter YByrd Y Campbell
Canty YCash
ChonneU YChilden Y Clark NCoan YColeman, B YColeman, T YConneU
Cooper Y Crawford Y Crews

Y Culbreth Y Cununings
Davis, G Y Davis, M NDoy YDeLoach, B YDeLoach, G YDix YDixon YDobbs Y Dukes YEhrhart YEpps
Evans YEverett Y Felton YFloyd Y Franklin Y Golden
Graves Greene Y Grindley N Hammontree Manner Harbin Y Heard Hecht Heckstall
YHenson Y Holland
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
Jones Joyce Kaye
ELadd Lakly Lone
Lee Y Lewis
YLord Y Lucas
Maddoi YMann N Manning
Y Martin, J Y Martin, J.L
YMassey YMcBee YMcCall Y McClinton
McKinney Y Mills Y Mobley
Mosley YMueUer YO'Neal YOrrock YParham

YPorrish Y Parsons
Pelote Y Perry Y Pinholster
YPoag YPolak
Y Ponder Porter
YPowell YPurcell YRagos YRandoll
YRay Reaves
Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal
Sanders N Sauder YScarlett YScheid Y Scott YShanahan YShaw YSherrill
YShipp YSinu YSinkfield
Skipper Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P
Smith, T Y Smith, V YSmyre
Snelling
YSnow Stallings
Y Stancil, F Y Stancil, S Y Stanley, L
Stanley,P
Y Stephens YTaylor
Teague YTeper
Y Thomas YTOlman
Y Titus Y Tolbert YTrense
Tumquest NTwiggs Y Walker, L Y Walker, R.L
Watson
YWest Westmoreland
NWhitaker Y Wiles
Williams, B
Williams, J Y Williams, R Y Worthan
Yates Murphy, Spkr

On the motion, the ayes were 125, nays 12. The motion prevailed.

HB 1915.

By Representatives Harbin of the 113th, Williams of the 114th and Jackson of the 112th:
A bill to provide for the compensation, expenses, and benefits of the coroner of Columbia County.

The following Senate substitute was read:

A BILL
To provide for the compensation, expenses, and benefits of the coroner of Columbia County; to provide for reports; to amend an Act providing for a supplement to the com pensation of the Sheriff of Columbia County, approved February 18, 1977 (Ga. L. 1977, p. 2719), so as to raise the supplement paid to the sheriff; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) The coroner of Columbia County shall receive an annual salary in the amount of $10,000.00 payable in equal monthly installments from the funds of Columbia County. (b) The coroner of Columbia County shall submit a monthly statement to the county trea sury listing the number and type of investigations undertaken by the coroner.
SECTION 2. An Act providing for a supplement to the compensation of the Sheriff of Columbia County, approved February 18, 1977 (Ga. L. 1977, p. 2719), is amended by striking Section 1 and inserting in lieu thereof a new Section 1 to read as follows:

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JOURNAL OF THE HOUSE,

In addition to the compensation, salary, expenses, and allowances being received by the Sheriff of Columbia County, such officer shall receive an annual supplement of $7,500.00 to be paid in equal monthly installments from the funds of Columbia County."
SECTION 3. This Act shall become effective on January 1, 1999.
SECTION 4. Section 1 of this Act shall be automatically repealed on December 31, 1999.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Harbin of the 113th moved that the House disagree to the Senate sub stitute to HB 1915.
The motion prevailed.

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 following Senate amendment was read: Amend HB 1448 by adding on line 20, of page 1, a sentence to read,
"A passenger vehicle shall be defined as any vehicle carrying 10 passengers or less."

The Speaker has ruled the Senate amendment not germane, therefore the House has disagreed to the Senate amendment.

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 Senate substitute was read:
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 for the amount of such creditable service awarded; to authorize the board of trustees of such retirement system to adopt certain rules relating to the award of such creditable service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 5 of Chapter 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:

THURSDAY, MARCH 19,1998

2333

"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 as provided in subsection (c) of this Code section. Such creditable service may be used to qualify for retirement but may not be used to qualify for vesting for benefits. 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)(l) A member shall be given such creditable service, not to exceed one month of creditable service for each 20 days of sick leave, in direct relation to appropriations provided by the General Assembly to fund the provisions of this subsection together with any increase in employer contributions made pursuant to paragraph (2) of this subsection, provided that the member has a minimum of three months of such unused sick leave. (2) In order to fund the provisions of this Code section in whole or in part, the board of trustees is authorized, but not required, to increase the amount of employer contri bution in direct proportion to the amount shown in the appropriation Acts enacted for such purpose by the General Assembly. (d) 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. The board of trustees is further authorized to adopt rules for awarding creditable service as provided in subsection (c) of this Code section in instances in which accurate records have not been kept based upon statistical experience in instances in which accurate records have been kept. (e) 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.

Representative McBee of the 88th moved that the House agree to the Senate substi tute to HB 203.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Andenon
YAshe Y Bailey Y Bannister YBartoot Y Barnard YBarnes Y Bates YBenefield YBiidsong YBohannon

Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bunn Y Burkbalter Y Byrd Y Campbell

Canty Y Cash
Cbannell Y Childere Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell
Cooper Y Crawford Y Crews

Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G YDii Y Diion Y Dobbs 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 Manner

2334

JOURNAL OF THE HOUSE,

Y Harbin Y Heard YHecht
HeckstaU Hegstrom YHenson Y Holland Holmes Y Houston Y Howard YHudgens Y Hudson, H Y Hudson, N
YHugley Irvin
Y Jackson Y James YJamieeon
YJenkins Y Johnson YJohnston
Jones Y Joyce
Kaye

BLadd YLakly YLane YLee YLewis YLord
LUCAS Maddox YMann Y Manning Y Martin, J Martin, J.L YMaswy YMcBee McCall Y McClinton McKinney YMUls Y Mobley YMosley YMueller YO'Neal YOrrock YParham

YParrish Parsons Pelote
Y Perry Y Pinholster YPoag YPolak
Y Ponder Y Porter
PoweU YPurcell
YRagas YRandall YRay
Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal
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 YSmyre YSnelling YSnow Y Stalling* 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 N Walker, R.L Y Watson YWest
Westmoreland YWhitaker Y Wiles Y Williams, B
Williams, J Y Williams, R YWorthan
Yates Murphy, Spkr

On the motion, the ayes were 150, nays 1. The motion prevailed.

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.

The following Senate substitute was read:

A BILL
To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the 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.

THURSDAY, MARCH 19, 1998

2335

(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:
(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;
(8) Development rights made transferable pursuant to this Code section shall be interests in real property and shall be considered as such for purposes of conveyancing and taxation. Once a deed of transferable development rights created pursuant to this Code section has been sold, conveyed, or otherwise transferred by the owner of the parcel from which the development rights were derived, the transfer of development rights shall vest in the grantee and become freely alienable. For the purposes of ad valorem real property taxation, the value of a transferable development right shall be deemed appurtenant to the sending property until the transferable development right is registered as a distinct interest in real property with the appropriate tax assessor or the transferable development right is used at a receiving property and becomes appurtenant thereto; and

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JOURNAL OF THE HOUSE,

(9) 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.

Representative Stancil of the 16th moved that the House agree to the Senate substi tute to HB 1540.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Andenon
YAihe Bailey
Y Bannister YBarfoot Y Barnard
Bames YBatw
Benefield YBirdsong YBohannon Y Bordeaux Y Bradford YBnedlove Y Bridges Y Brooks Y Brown YBuck
Buckner
YBurkhalter Y Byid Y Campbell
Canty YCash Y Channel! YChiMers
Clark YCoan YColeman, B YColeman, T YConnell Y Cooper Y Crawford Y Crews

YCulbreth
YDavis, G YDavig, M YDay YDeLoach,B YDeLoach, G YDix YDlzon YDobb*
Dukes YEhrhart YEppe
Evans Y Evorott YFelton YFloyd Y Franklin Y Golden Y Graves
Greene YGrindley Y Hammontree Y Manner Y Harbin Y Heard YHecht
Heckstall Hegstrom YHenson Y Holland Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N YHugley
Irvin Jackson
Y James YJamieson
Jenkins Y Johnson
Johnston Jones Y Joyce YKaye ELadd YLakly Lane YLee Y Lewis YLord Lucas Maddox
YMann Y Manning Y Martin, J
Martin, J.L
YMassey YMcBee YMcCall
YMcClinton McKinney
Y Mills Y Mobley Y Motley
Mueller YCVNeal YOrrock Y Parham

YParrUh Y Parsons
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
Sanders YSauder
Scarlett YScheid Y Scott Y Shanahan
YShaw YSherrill
YShipp YSims Y Sinkfleld Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P
Y Smith, T Y Smith, V
Smyre YSnelling
Snow YStafflngs Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephens YTaylor Teague YTeper Y Thomas YTillman Y Titus YTolbert YTrense Y Turaquest YTwiggs Y Walker, L Walker, R.L
Y Watson YWest Y Westmoreland YWhi taker
YWOes Williams, B
Y Williams, J Y Williams, R YWorthan
Yates Murphy, Spkr

On the motion, the ayes were 142, nays 0. The motion prevailed.

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 Senate substitute was read:

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

THURSDAY, MARCH 19, 1998

2337

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: (1) 'Budget' means a proposed plan for raising and spending money for specified prejframsj 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. !Fhe budget shall be prepared and- organised so as
dOftTfy vQ T8n6Cv ftCWVl*1C8r pPOJ?ftBA9) BttQ lURCtlOlfeS i&y ttHMl Gt lUfiuS?
(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. The budget ordinance or resolution shall appropriate revenues by randr (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, pub lic 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 unite, or other funds. W(9) 'Fiscal year' r 'budget year2 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.
'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 aU financial resources except those required to be accounted for in another fund.

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{6M12) '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. (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. {TK16) '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.
\D/ CACfi tHJW Or iQCfiu OV&FRItt G n c flflftir OpCFftvC UHClCr fltn AKlHulU DolOTlCCCr UUUCl
adopted by ordinance or resolution and- administered in accordance with this article. A budget ordinance or- resolution is balanced when the swat ef- estimated net revenues and appropriated ftmd hakmees is eqaal to 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:

THURSDAY, MARCH 19, 1998

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(1) Any increase in appropriation in any ftmd- for a deportment ef at the legal level of control of the local government, whether accomplished through a change hi antici pated revenues hi 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 in any fend among the various accounts within a deportment ef teeal government within any fund below the local government's legal level of control shall require only the approval of the budget officer; except that trans fers ef appropriations within a deportment ef Jeeal government which increases the salary appropriation shaH 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. (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 of each deportment e* agency, fey fvatA-, 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 category for the current year; including budget amendments; and- the anticipated reve nues and proposed expenditures for the proposed bttdget yearr 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.

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(d) On the day that the proposed budget is submitted to the governing authority for consideration, a copy of the budget shall be placed in a public location which is conve nient 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 busi ness 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 availa ble, upon request, to the news media. (e)(l) At the time ef submission ef the budget to the governing authority, a- A statement advising the residents of the local unit of government of the availability of the proposed budget shall be published in a newspaper of general circulation in the local tmit within the jurisdiction of the governing authority. The notice shall be published during the week in which the proposed budget is submitted to the governing authority. In addition. the statement shall also advise the residents that a public hearing will be held at which tune any persons wishing to be heard on the budget may appear. The statement may
QX8O JflVC DOulCG die vn TtittG CU1CI J91&C6 Of &HG DUu6l uCfinQ PCQUIFGCI Dy 8UDSCCvlOfl \t)
of- this Cede 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.
(3) If the statement required by paragraph (ft of- this subsection dees et give notice ef the time and- place of- the budget hearing, then the statement shaH advise the residenta ef- fee teeat aait of government feat fee badget hearing shaft be held- at a- fatwe date and netiee shaM be given prior to the budget hearing. This notice shaH be pub lished at least seven days before the budget hearing is held and shall comply with the publication requirements ef paragraph fo) ef- tntg subsection. (f) At least one week prior to the meeting of the governing authority at which adoption of the budget ordinance or resolution will be considered, the governing authority shall conduct a public hearing, at which time any persons wishing to be heard on the budget may appear. (g)(l) The governing authority shall give notice of the time and place of the budget hearing required b_ subsection (f) of this Code section at least one week before the budget hearing is held. The notice shall be published in a newspaper of general circu lation within the jurisdiction of the governing authority. 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. (2) The notice required by paragraph (1) of this subsection may be included in the statement published pursuant to subsection (e) of this Code section in lieu of separate publication of the notice. (h) 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 (or the fiscal year 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 hi the budget, but such budget shall shew anticipated revenues and- appropriations by fimd- be subject to the provisions of this article."

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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.

Representative Stancil of the 16th moved that the House agree to the Senate substi tute to HB 1364.
On the motion, the roll call was ordered and the vote was as follows:

Y Alton Y Andenon
YAshe Bailey
Y Bannister YBarfoot Y Barnard YBaraes Y Bates
Benefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown
Buck YBuckner YBunn Y Burkhalter YByrd Y Campbell
Canty YCash
Channel!
YChilden Y Clark YCoan
Y Coleman, B Y Coleman, T YConnell
Y Cooper YCrawford Y Crews

Y Culbreth Y Cummiiigs
Y Davis, G Y Davis, M YDay YDeLoach, B YDeLoach,G
YDix YDixon YDobbs YDukes YEhrhart YBpps Y Evans YEverett Y Felton YFloyd Y Franklin Y Golden Y Graves
Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard
YHecht Heckstall Hegstrom
YHenson
Y Holland Holmes
Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin
Jackson
Y James Y Jamieson Y Jenkins
Johnson Y Johnston
Jones Y Joyce YKaye ELadd YLakly YLane YLee Y Lewis YLord
Lucas Maddox YMann Y Manning Y Martin, J Martin, J.L YMassey YMcBee McCall Y McClinton McKinney Y Mills
Y Mobley YMosley
Mueller YO'Neal YOrrock Y Parham

On the motion, the ayes were 150, nays 0.

YParrish Y Parsons YPelote
Y Perry Y Pinholster
YPoag YPolak
Y Ponder Y Porter
Powell
YPurcell YRagas YRandaU
YRay Reaves
Y Reichert YKice 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 Y Smith, L

Y Smith, L.R Y Smith, P
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 Y Tilhnan Y Titus Y Tolbert YTrense
YTumquest 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
Yates Murphy, Spkr

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JOURNAL OF THE HOUSE,

The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 409. By Representatives Porter of the 143rd, Taylor of the 134th, O'Neal of the 75th, Hugley of the 133rd and Parham of the 122nd:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, so as to provide that driver's education shall be an authorized high school program.

Representative Porter of the 143rd moved that the House insist on its position in dis agreeing to the Senate substitute to HB 409 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 Porter of the 143rd, Hugley of the 133rd and Houston of the 166th.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

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.

Representative Porter of 143rd moved that the House insist on its position hi substi tuting SB 447.
The motion prevailed.

The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

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 Senate substitute was read:

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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 remove a certain limitation regarding advance capital outlay funding for construction projects to consolidate or reorganize schools; 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 enrollment of students in charter schools; to prohibit cer tain reprisals; to provide for the amendment and termination of a charter and for a decla ration 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 Compliance 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 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, that eaefe teeal seheei system is limited to one project per fiscal year except when ft sec ond project is requited to effectuate consolidation or reorganization ef the schools samritoHOOualy tad 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

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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."
SECTION 3. 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 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.

THURSDAY, MARCH 19, 1998

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(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 or guardians of students enrolled in the school, as well as the faculty, instructional staff, and the broader community, were and will be directly and substantially involved in developing the petition, developing and implementing the improvement plan, and identifying academic or vocational performance based cri teria; (4) Describe how the concerns of parents or guardians of students enrolled in the school, faculty, instructional staff, and the broader community will be solicited and addressed in evaluating 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 or guardians 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 (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 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; (9) 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; (10) Specify the proposed duration of the charter, not to exceed five years; and (11) 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

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JOURNAL OF THE HOUSE,

(2) Has been freely agreed to by a majority of parents or guardians present at a pub lic 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 or guardians 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 hoard 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.
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

THURSDAY, MARCH 19,1998

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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. (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 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.

2348

JOURNAL OF THE HOUSE,

(a) The state board may declare a charter null and void if a majority of the parents or guardians 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 majority of parents or guardians 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 hi 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 or guardians present at a pub lic meeting 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 or guardians, the community, the local board, and the state board which indicates the progress made by the charter school hi the previous year in implementing its improve ment 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.

THURSDAY, MARCH 19, 1998

2349

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 4. This Act shall become effective on July 1, 1998, and shall apply to petitions filed on and after that date.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Ashe of the 46th moved that the House agree to the Senate substitute to HB 353.
On the motion, the roll call was ordered and the vote was as follows:

Alien YAndenon
YAshe Bailey
Y Bannister YBarfoot Y Barnard YBarnes YBatM YBenefield YBinbong YBohannon Y Bordeaux Y Bradford YBnedlove Y Bridges
Brooks Y Brown YBuck YBuckner YBunn YBurkhalter YByrd Y Campbell Y Canty YCaih Y Channel!
YChflders Y Clark YCoan YColeman, B YColeman, T YConneU Y Cooper
Y Crawford Y Crews

YCulbreth Y Cummings YDavis.G YDavu, M YDay YDeLoach,B YDeLoach, G
Da YDiion YDobbs Y Dukes YEhrhart YEpps Y Evans YEverett Y Felton YPloyd Y Franklin
Y Golden Y Graves
Greene Grindley Y Hammontree YHanner Y Harbin Y Heard YHecht Heckstall Hegstrom YHenson Y Holland Holmes Y Houston
Y Howard YHudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin
Jackson Y James YJamieson
Jenkins Y Johnson Y Johnston
Jones Y Joyce YKaye ELadd YLakly YLane YLee Y Lewis
YLord Lucas Maddox
YMann Y Manning Y Martin, J Y Martin, J.L YMawey YMcBee YMcCall YMcClinton
McKinney Y Mills YMobley YMosley
Mueller YO-Neal YOrrock YParham

YParrish Y Parsons YPelote Y Perry YPinhokter
Poag YPolak Y Ponder Y Porter YPowell YPurcell YRagas YRandall YRay
Reaves YReichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders YSauder YScarlett YScheid Y Scott Y Shanahan
YShaw YSherrill 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 Y Smiling YSnow YStallings YStancil, F Y Stancil,S Y Stanley, L
Stanley, P Y Stephens YTaylor
Teague YTeper
Y Thomas YTillman Y Titus Y Tolbert YTrense YTumquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland YWhitaker Y Wiles
Williams, B Williams, J Y Williams, R Y Worthan YYates Murphy, Spkr

On the motion, the ayes were 154, nays 0. The motion prevailed.

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 following Senate substitute was read:

2350

JOURNAL OF THE HOUSE,

A BILL
To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to provide for the state to reimburse local units of administration for reasonable attorneys' fees incurred in actions relating to the educa tion of a child residing in a state facility; to provide for increases in the state salary of teachers who receive national certification; to provide for paid leave for teachers seeking national certification; 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 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," is amended in Code Section 20-2-133, relating to eligibility for and exceptions from free public education, by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows:
"(b)(l) Except for a child who is in the physical custody of the Department of Juve nile Justice or the Department of Human Resources or any of its divisions and who receives services from a local unit of administration pursuant to paragraph (2) of this subsection, any child placed by the Department of Juvenile Justice or the Department of Human Resources or any of its divisions in a facility operated by or under contract with the Department of Juvenile Justice or the Department of Human Resources who remains in that facility for more than 60 continuous days and any child who is a patient in a facility licensed by the State of Georgia to deliver intermediate care for the mentally retarded and which follows the federal regulations for intermediate care for the mentally retarded, who has been determined as appropriate for that level of care by the Department of Medical Assistance or its designee, who has been admitted to such facility after evaluation and recommendation by developmental service teams of the Department of Human Resources, and who remains in that facility for more than 60 continuous days shall be treated by the local unit of administration of the school district in which the facility is located as eligible for enrollment in the educa tional programs of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article. The local unit of administration of the school district in which these facilities are located is responsible for the provision of all educational programs, including special education and related services, free of charge to these children as long as the children remain in such facili ties. However, except as provided in this paragraph, placement in such a facility by the parent or by another local unit of administration shall not create such responsibil ity. (2) Any child, except a child in a youth development center as specifically provided hi this paragraph, who is in the physical custody of the Department of Juvenile Jus tice or the Department of Human Resources or any of its divisions and who is physi cally present within the geographical area served by a local unit of administration for any length of time is eligible for enrollment in the educational programs of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article. The local unit of administration of the school district in which these children are present is responsible for the provision of all edu cational programs, including special education and related services, free of charge to these children as long as the children are physically present in the school district. No child will be considered in the physical custody of the Department of Juvenile Justice or the Department of Human Resources or any of its divisions unless custody has been awarded, either temporarily or permanently, by court order. No child in a youth development center, regardless of his or her custody status, shall be eligible for enroll ment in the educational programs of the local unit of administration of the school dis trict in which that youth development center is located. No child or youth hi the custody of the Department of Corrections or the Department of Juvenile Justice and confined in a facility as a result of a sentence imposed by a court shall be eligible for

THURSDAY, MARCH 19, 1998

2351

enrollment in the educational programs of the local unit of administration of the school district where such child or youth is being held.
(3) (A) For any child described in paragraph (1) of this subsection, the custodian of the child shall notify the appropriate local unit of administration when the child remains in a facility operated by or under contract with the Department of Juvenile Justice or the Department of Human Resources or in a facility licensed to provide intermediate care for the mentally retarded for more than 30 continuous days and is anticipated to remain in the facility for more than a total of 60 continuous days.
(B) For any child described in paragraph (2) of this subsection, the custodian of the child shall notify the appropriate local unit of administration at least five days in advance of the move when the child is to be moved from one local unit of adminis tration to another.
(4) When the custodian of any child notifies a local unit of administration, as pro vided in paragraph (3) of this subsection, that the child may become eligible for enrollment in the educational programs of a local unit of administration, the custodian of the records of that child shall transfer the educational records and Individualized Education Programs (lEP's) and all education related evaluations, assessments, social histories, and observations to the appropriate local unit of administration. Notwith standing any other law to the contrary, the custodian of the records has the obligation to transfer these records and the local unit of administration has the right to receive, review, and utilize these records. Notwithstanding any other law to the contrary, upon the request of a local unit of administration responsible for providing educational ser vices to a child described in paragraph (1) or (2) of this subsection, the Department of Juvenile Justice or the Department of Human Resources shall furnish to the local unit of administration all medical and educational records in the possession of the Department of Juvenile Justice or the Department of Human Resources pertaining to any such child, except where consent of a parent or legal guardian is required in order to authorize the release of any of such records, in which event the Department of Juvenile Justice or the Department of Human Resources shall obtain such consent from the parent or guardian prior to such release.
(5) Any local unit of administration which serves a child pursuant to paragraphs (1) and (2) of this subsection shall receive in the form of annual grants in state funding for that child the difference between the actual state funds received for that child pursuant to Code Section 20-2-161 and the reasonable and necessary expenses incurred in educating that child, calculated pursuant to regulations adopted by the State Board of Education. For the purposes of this paragraph, the term 'reasonable and necessary expenses' shall include reasonable attorneys' fees and" costs of litigation expended, either for its defense or in payment of statutorily mandated"plaintiffs' attorneys' fees, by the local unit of administration on any administrative or judicial proceeding involving any chiid~d'escrjBed in paragraphs (1) or (2) of this subsection. These grants will be determined and made pursuant to regulations adopted by the State Board of Education.
(6) If any child described in paragraphs (1) and (2) of this subsection is unable to
leave the Department of Human Resources facility or the facility licensed to provide
intermediate care for the mentally retarded to receive educational services as deter
mined by the local school system responsible for educational services and the Depart
ment of Human Resources, then the local school system shall not be responsible for
providing any educational services to such child.
(7) The Department of Education, the Department of Human Resources, the Depart
ment of Juvenile Justice, and the local units of administration where Department of
Juvenile Justice or Department of Human Resources facilities or contract facilities are
located shall jointly develop procedures binding on all agencies implementing the pro
visions of this Code section applicable to children and youth in the physical custody
of the Department of Juvenile Justice or the Department of Human Resources."
SECTION 2.
Said article is further amended by striking in its entirety Code Section 20-2-212.2, relating
to a salary increase for persons receiving certification from the National Board for Profes
sional Teaching Standards, and inserting in lieu thereof a new Code Section 20-2-212.2 to read as follows:

2352

JOURNAL OF THE HOUSE,

"20-2-212.2.
(a) As used in this Code section, 'national certification' means certification obtained from the National Board for Professional Teaching Standards. (b) Any person who:
(1) Is currently teaching in a Georgia public school and holds a valid Georgia teaching certificate; (2) Has completed three years of teaching in Georgia public schools prior to receiving national certification; (3) Has not previously received state funds for participating in any certification area in the national certification program; and (4) Has successfully completed the prerequisite portfolio of student work and exami nation and has received national certification shall receive not less than a 5 percent rate increase in state salary. Such increase shall be awarded on the commencement of the school year following such certification. The increase in state salary provided by this Code section shall be in addition to any other increase for which the person is eligible. (c) A teacher shall be granted two days of approved paid leave to prepare the portfolio of student work required for national certification. {e}(d) The national certification program participation fee shall be reimbursed by the state upon certification for any teacher who is eligible for an increase pursuant to sub section (a) of this Code section. (d%_e) A teacher for whom the State of Georgia pays the participation fee and who does not teach in a Georgia public school for at least one year after receiving certification shall repay the certification fee to the state. Repayment is not required if the teacher is unable to complete the additional year of teaching due to the death or disability of the teacher."
SECTION 3. This Act shall become effective on July 1,1998.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Ashe of the 46th moved that the House agree to the Senate substitute to HB 1183.
On the motion, 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
Birdsong
YBohannon Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown
Buck YBuckner YBunn YBurkhalter YByrd Y Campbell Y Canty YCash
Channell

Y Childen Y Clark YCoan
Y Coleman, B N Coleman, T
Connell Y Cooper
Crawford Y Crews
Culbreth Y Cummings
Y Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G YDix Y Dixon YDobbs Y Dukes Y Ehrhart Y Epps
Evans Y Everett YFelton YFloyd N Franklin

Y Golden Y Graves
Greene
Grindley Y Hammontree Y Banner 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
Jackson Y James Y Jamieson Y Jenkins Y Johnson Y Johnston

Jones Joyce Y Kaye
E Ladd Y 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 McCaU Y McCUnton
McKinney Y Mills Y Mobley Y Mwley
MueUer Y O'Neal Y Orrock Y Parham

Y Fairish Y Parsons Y Pelote
Y Perry Pinhokter Poag
Y Polak Y Ponder Y Porter Y Powell Y Purcell
Ragas Y RandaU Y Ray
Reaves YReichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan

THURSDAY, MARCH 19, 1998

2353

YShaw 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
Smith, V Smyn Y Stuffing Y Snow Y Staffing Y Stancil, F

Y Stancil, 8 Y Stanley, L
Stanley,? Y Stephens
Taylor Teague YTeper Y Thomas YTillman

Y Titus YToIbert Y Trense Y Tumquest YTwiggs Y Walker, L Y Walker, RX Y Watson Y West

Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yatei
Murphy, Spkr

On the motion, the ayes were 148, nays 2. The motion prevailed.

HB 1160.

By Representatives Walker of the 141st, Hudson of the 156th, Royal of the 164th and Channel! 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 Senate amendment was read:

Amend HB 1160 by striking line 24 of page 2 and inserting in lieu thereof the following:
"one or more of its utility customers. Nothing in this subsection, however, shall be con strued to grant to any municipal governing authority the right or power to specify the rates, fees, or charges to be collected for electric, natural gas, or water utility services provided by a local authority, as defined in subsection (a) of Code Section 36-80-17, where the right or power to specify such rates, fees, or charges is otherwise vested by local constitutional amendment, general statute, or local law in the governing body of such local authority. Any such contract".

Representative Walker of the 141st moved that the House agree to the Senate amend ment to HB 1160.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien YAndenon YAihe
Y Bailey Y Bannister YBarfoot Y Barnard
Y Banes Y Bates YBenefield
Birdsong YBohannon Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks
Y Brown Buck
Buckner YBunn YBurkhalter
YByrd

Y Campbell Y Canty YCash
Channell Childers Y Clark YCoan
YColman, B Y Coleman, T Y Cornell Y Cooper
Cnwford Y Crews
Culbreth Y Gumming. Y Davis, G Y Davis, M
Y Day YDeLoach, B
YDeLoach, G Y Diz Y Dizon
YDobbs

Y Dukes Y Ehrhart YEpps
Y Brans Y Everett YFelton Y Floyd
Y Franklin Y Golden Y Graves
Gnene Grindley Y Hammontree Y Banner Y Harbin Y Heard Y Hecht
Heckstall Hegstrom
Y Henson Y Holland Y Holmes
Y Houston

Y Howard YHudgens Y Hudson, H
Y Hudson, N YHugley Y Irvin
Jackson
Y James Y Jamieson YJenkins Y Johnson YJohnston
Jones Y Joyce Y Kaye E Ladd YLakly
YLane Y Lee
Y Lewis Y Lord
Lucas
Maddox

Y Mann Y Manning Y Martin, J
Y Martin, Ji Y Masaey YMcBee Y McCall
YMcClinton McKinney
Y Mills Y Mobl.y
Mosley Mueller Y OTJesl YOrrock Y Parham YParrish
Y Parsons Y Petete
Y Perry Pinholster
Y Poag
YPolak

2354

JOURNAL OF THE HOUSE,

Y Ponder Porter
YPowell YPuiceU YRagas YRandall YRay
Reave* YReichert YRice Y Richardson Y Roberts Y Rogers

Y Royal Y Sanders YSauder YScwlett Y Scheid Y Scott Y Shanahan Y Shaw Y SherriU YShipp Y Sims Y Sinkfield Y Skipper

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Stallings
Stancil, F Y Stancil, S

Y Stanley, L Stanley,?
Y Stephens Y Taylor
Teague Y Teper Y Thomas Y Tilhnan Y Titus YTolbert Y Trenw Y Turnquest Y Twiggs

Y Walker, L Y Walker, KL YWataon Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan YYates
Murphy, Spkx

On the motion, the ayes were 153, nays 0. The motion prevailed.

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.

The following Senate substitute was read:

A BILL
To amend Code Section 32-6-75 of the Official Code of Georgia Annotated, 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 provisions relating to signage near a public park, public playground, public recreation area, public forest, scenic area, or cemetery; to change the provisions relating to certain signage adjacent to an interstate highway; 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 32-6-75 of the Official Code of Georgia Annotated, relating to restrictions on outdoor advertising which is otherwise authorized by Code Sections 32-6-72 and 32-6-73, is amended by striking in their entirety paragraphs (14) and (18) of subsection (a) and inserting in lieu thereof new paragraphs (14) and (18) to read as follows:
"(14) Is within 500 feet in any direction of a public park, public playground, public recreation area, public forest, scenic area, or cemetery; provided, however, that such sign may be located within 500 feet of a public park, public playground, public recre ation area, public forest, scenic area, or cemetery when the sign is separated by build ings or other obstructions so that the sign located within the 500 foot zone is not visible from the public park, public playground, public recreation area, public forest, scenic area, or cemetery;" "(18) Is located outside of the corporate limits of a municipality and adjacent to an interstate highway within 500 feet of an interchange, intersection at grade, or safety rest area. The foregoing 500 foot zone shall be measured along the interstate highway from the point at which the pavement commences or ceases to widen at exits from or entrances to the main traveled way; In circumstances where both the exit and entrance ramps on one side of an interchange constitute continuous lanes of travel to the exit and entrance ramps of the adjacent interchange, this side of the interchange shall be treated as if no ramps exist and the foregoing 500 foot zone on this side of the interchange shall be measured from the survey centerline of the main traveled way and crossroad forming the interchange or intersecting road. In all circumstances where

THURSDAY, MARCH 19,1998

2355

this definition conflicts with any agreement with the United States secretary of trans portation pursuant to Code Section 32-6-87. said agreement shall be deemed to control for purposes of this Code section;"
SECTION 2. This Act shall become effective on July 1, 1998, and shall apply to signs erected on and after that date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representatives Dobbs of the 92nd and Sherrill of the 62nd move to amend the Senate substitute to HB 1304 as follows:
Page 1, line 24 strike the word "when" and insert "so long as".
Add after "cemetery;" on line 29, page 1 "such sign shall be removed immediately if it becomes visible from the public park, playground, public recreation area, public forest, sce nic area, or cemetery;"
Page 1, line 25 between the words "other" and "obstructions" add the word "permanent".
Pursuant to Rule 134, Representative Lewis of the 14th was excused from voting on HB 1304.
Representative Hudgens of the 24th moved that the House agree to the Senate substi tute, as amended by the House, to HB 1304.
On the motion, the roll call was ordered and the vote was as follows:

N Alien Andenon
NAshe N Bailey N Bannister
NBarfoot Y Barnard NBames N Bates NBenefleld
Bbdsong NBohannon
Y Bordeaux N Bradford NBnedlove N Bridges Y Brooks N Brown YBuck
NBuckner YBunn N Burkhalter NByrd
N Campbell N Canty NCash
Channell NChilden Y Clark NCoan NColeman, B
Coleman, T
YConnell N Cooper NCrawford
Crews

N Culbreth Cunnings
Y Davis, G Y Davis, M NDay
DeLoacfa, B NDeLoach, G
NDiz YDixon Y Dobbs Y Dukes NEhrhart
YEpps N Evans NEverett NFelton NFloyd N Franklin
N Golden N Graves
Greene
NGrindley N Hammontree NHanner
N Harbin Heard Hecht
YHeckstall YHegstrom YHenson
N Holland Y Holmes
Houston
N Howard N Hudgens N Hudson, H

N Hudson, N YHugley NIrvin N Jackson N James
Jamieson Y Jenkins N Johnson N Johnston
Jones N Joyce NKaye ELadd NLakly YLane YLee
Lewis Lord Y Lucas Maddoi NMann N Manning
Y Martin, J Y Martin, J.L NMassey YMcBee NMcCaU
McClinton McKinney N Mills Y Mobley NMosley Mueller YO'Neal YOrrock NParham

NParrish N Parsons
Pelote
Y Perry Pinholster
NPoag YPolak N Ponder Y Porter NPowell
NPurcell YRagas NRandall NRay N Reaves Y Reichert NRice N Richardson
Roberta N Rogers N Royal
N Sanders NSauder NScarlett NScheid N Scott YShanahan NShaw Y Sherrill NShipp YSims 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 NSnelling NSnow
Stalling NStancil, F
Stancil, S Y Stanley, L
Stanley, P Stephens YTaylor
Teague YTeper
Thomas Y Tillman Y Titus NTolbert
NTrense Turnqueet
NTwiggs Walker, L
Y Walker, R.L
Y Watson NWest N Westmoreland NWhitaker N Wiles
N Williams, B Williams, J
N Williams, R N Worthan
Yates Murphy, Spkr

2356

JOURNAL OF THE HOUSE,

On the motion, the ayes were 46, nays 100. The motion was lost.

Representative Hudgens of the 24th moved that the House agree to the Senate substi tute to HB 1304.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Andenon
YAshe Y Bailey
Bannister YBarfoot Y Barnard YBarnes Y Bates
Benefield
YBirdsong YBohannon N Bordeaux Y Bradford YBreedlove Y Bridge. N Brooks Y Brown YBuck NBuckner NBunn YBurkhalter
YByrd Y Campbell Y Canty
YCash Chamwll
YChUden N Clark YCoan YColeman, B
Coleman, T YConnell N Cooper YCrawford Y Crews

Y Culbreth Y CununingB
YDavis, G Davis, M
YDay DeLoach, B
YDeLoach, G YDix YDizon NDobbs NDukn YEhrbart YEpps Y Evans YEverett YFelton YFloyd Y Franklin Y Golden Y Graves
Greene YGrindley
YHammontiee YHanner Y Harbin
Heard Hecht YHeckstaJl NHegstrom NHenson 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
Jones Y Joyce YKaye ELadd YLakly YLane YLee
Lewis YLord Y Lucas
Maddox YMann Y Manning N Martin, J Y Martin, J.L YMawey YMcBee YMcCall
McClinton McKinney Y Mills
Y Mobley YMosley
Mueller YO'Neal NOrrock YParham

YParrish Y Parsons
Pelote Y Perry
Pinholster YPoag NPolak Y Ponder N Porter YPoweU YPurcell
YRagas YRandall
YRay Y Reaves NReichert YRice Y Richardson
Roberts Y Rogers Y Royal Y Sanders YSauder YScarlett YScheid Y Scott YShanahan YShaw NSherrill YShipp YSims NSinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Smiling YSnow Y Stalling!
YStancil, F N Stancil,S N Stanley, L
Stanley, P Stephens Y Taylor Teague NTeper Thomas YTillman Y Titus YTolbert YTrense Tumquest YTwiggs Walker, L N Walker, RX Watson YWest
Y Westmoreland YWhitaker Y Wiles Y Williams, B
Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

On the motion, the ayes were 129, nays 21. The motion prevailed.

Due to a mechanical malfunction, the vote of Representative Smith of the 103rd was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 932. By Representatives Randall of the 127th, Walker of the 141st and Irvin of the 45th:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Anno tated, relating to the regulation of physicians, physician's assistants, and res piratory care, so as to provide that the Composite State Board of Medical Examiners shall function as a separate state agency and shall be a separate budget unit of state government.

The following Senate amendment was read:

Amend HB 932 by striking line 32 on page 3 and inserting in lieu thereof the following: "(c) Two members The thirteenth member of the board shall be appointed".

THURSDAY, MARCH 19, 1998

2357

By striking line 1 on page 7 and inserting in lieu thereof the following:
"represented. Public notice of a vacancy on the board shall be given prior to any new appointment or reappointment. Any vacancy that may occur on the board as a".
The following amendment was read:
Representative Bohannon of the 139th moves to amend the Senate substitute to HB 932 as follows:
Line 25 after "the M.D. degree;" add "two of whom shall have incorporated in their prac tice, for at least two years experimental or nonconventional treatment not approved by the Food and Drug Administration for any indication, as described in Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to licenses to practice medi cine;".
Representative Bohannon of the 139th moved that the House agree to the Senate amendment, as amended by the House, to HB 932.
On the motion, the roll call was ordered and the vote was as follows:

N Alien
NAndereon NAshe N Bailey N Bannister NBarfoot N Barnard NBarnes N Bates NBenefield
Birdsong Y Bohannon
N Bordeaux N Bradford NBraedlove N Bridges N Brooks N Brown
NBuck N Buckner YBunn NBurkhalter
NByrd Campbell
N Canty NCaab NChannell NChilders N Clark
Coan N Coleman, B NColeman, T NConnell N Cooper N Crawford
Crews

N Culbreth N CununinKB
N Davis, G NDavis, M NDay
DeLoach, B NDeLoach, G NDht NDizon
YDobbs NDukee NEhrhart
Epps N Evans NEverett NFelton
NFloyd Y Franklin
N Golden N Graves
Graene
Grindley NHammontree NHanner N Harbin N Heard NHecht NHeckstall YHegstrom NHenson N Holland N Holmes N Houston N Howard
Hudgens N Hudson, H

N Hudson, N NHugley NIrvin
N Jackson N James N Jamieson YJenkins
N Johnson N Johnston
Jones Y Joyce YKaye ELadd YLakly NLane NLee NLewis NLord
Lucas NMaddox NMann N Manning
N Martin, J N Martin, J.L EMassey NMcBee
NMcCall N McClinton N McKinney N Mills N Mobley NMosley NMueller NO'Neal YOrrock N Parham

MParrish N Parsons N Pelote N Perry NPinholster
Poag NPolak N Ponder N Porter NPowell NPurcell NRagas NRandall
Ray N Reaves NReichert YRice N Richardson
Roberta N Rogers N Royal Y Sanders NSauder NScarlett
Scheid N Scott NShanahan NShaw NSherrill NShipp NSims N Sinkfield
N Skipper N Smith, C Y Smith, C.W
Y Smith, L

N Smith, L.R N Smith, P
Smith, T N Smith, V NSmyre
Snelling NSnow NStallings NStancil,F N Stances N Stanley, L
Stanley, P
N Stephens NTaylor
Teague YTeper N Thomas NTillman Y Titus NTolbert
Trense NTumquest NTwiggs
Walker, L
N Walker, R.L N Watson NWest Y Westmoreland NWUtaker
N Wiles N Williams, B N Williams, J N Williams, R
Worthan YYates
Murphy, Spkr

On the motion, the ayes were 18, nays 137. The motion was lost.

Representative Smith of the 19th stated that he inadvertently voted "aye" on the pre ceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Randall of the 127th moved that the House agree to the Senate amendment to HB 932.

2358

JOURNAL OF THE HOUSE,

On the motion, the roll call was ordered and the vote was as follows:

Y Alien YAndenon YAshe
Bailey Y Bannister YBarfoot Y Barnard YBanra Y Bates YBenefield
Dirasong NBohannon Y Bordeaux Y Bradford YBnedlove 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 YConneU
Y Cooper Y Crawford Y Crews

Y Culbreth Y Cummings
YDavis, G Y Davis, M
YDoy DeLoach, B
YDeLoach, G YDii YDizon
Dobbs YDukn YEhrhart YEpps Y Evans YEverett YFelton
YFloyd Y Franklin
Y Golden Y Graves
Greene Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall
YHegstrom YHeneon
Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N Y Huxley Ylrvin Y Jackson Y James YJamieson Y Jenkins Y Johnson Y Johnston
Jones Y Joyce YKaye ELadd YLakly
YLane Lee
Y Lewis
YLord Lucas
YMaddox YMann Y Manning Y Martin, J Y Martin, J.L YMaseey YMcBee YMcCall Y McClinton
YMcKinney Y Mills
Y Mobley YMoeley YMueller YO'Neal YOrrock YParham

YPorrish Y Parsons YPelote Y Perry YPinholster
Poag YPolak Y Ponder
Porter YPowell YPurcell
Ragas YRandall
Ray Y Reaves YReichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders YSauder YScarlett
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
YSnow YStollings YStancil,F Y Stancil,S Y Stanley, L
Stanley,P Y Stephens YTaylor
Teague YTeper Y Thomas YTillman Y Titus YTolbert YTrense YTurnquest
Twiggs Walker, L Y Walker, R.L Y Watson YWest YWestmoreland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan YYates Murphy, Spkr

On the motion, the ayes were 158, nays 1. The motion prevailed.

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 Senate amendment was read:

Amend HB 300 by striking lines 6 through 11 of page 4 and inserting in lieu thereof the following:
"(D) If any money remains, to the general funds of the municipality where the vio lation occurred or to the county if the violation occurred in the unincorporated area of a county.".

The following amendment was read and adopted:

Representatives Holland of the 157th and Barnard of the 154th move to amend the Senate amendment to HB 300 by inserting at the end thereof the following:
"By inserting at the end of line 30 of page 1 the following:

THURSDAY, MARCH 19, 1998

2359

'provide for the granting of a license governed by such chapter to certain persons; to pro vide for applicability; to'.
By striking line 9 of page 5 and inserting in lieu thereof the following:
'violation of this paragraph; provided, however, that the provisions of this subsection shall not prohibit any person from employing or contracting with an unlicensed person to perform any such work under the direct supervision of an individual licensed under this chapter.'
By striking the quotation marks at the end of line 22 of page 5 and by inserting immedi ately following said line the following:
'(g) Any other provision of this Code section to the contrary notwithstanding, any per son who: (i) was qualified to receive a license on or before September 30, 1983, as pro vided in paragraph (1) of subsection (d) of Code Section 43-14-8; (ii) failed to do so; (iii) from September 30, 1983, has been continuously employed in a position requiring skill and knowledge required by such license, notwithstanding any absence from work caused by a job related injury; and (iv) is engaged on July 1, 1998, in such employment while a resident of a county having a population less than 25,000 according to the United States decennial census of 1990 or any future such census shall be entitled to receive such a license by complying with the requirements of said paragraph prior to September 1, 1998.'"
Representative Burkhalter of the 41st moved to print the Holland amendment.
The motion prevailed.
The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:
Mr. Speaker:
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:
SB 318. By Senator Thomas of the 10th:
A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Anno tated, relating to the powers of municipal corporations generally, so as to authorize each municipal corporation to enter into leases and contracts with private persons for the operation and maintenance of its water system or sewer system or both.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Gillis of the 20th, Madden of the 47th and Thomas of the 10th.
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 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.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Starr of the 44th, Johnson of the 1st and Broun of the 46th.

2360

JOURNAL OF THE HOUSE,

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

HB 1884.

By Representative Tillman of the 173rd:
A bill to amend an Act providing for the election of the members of the board of education of Mclntosh County, so as to change the compensation of the chairperson and members of said board.

HB 1913. By Representative Smith of the 19th:
A bill to create a board of elections and registration for Dawson County and provide for its powers and duties.

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

HB 1923. By Representative Smith of the 169th: A bill to create the State Court of Bacon County.

The Senate has disagreed to the House amendment to the following bill of the Senate:

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.
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:
SB 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.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Marable of the 52nd, Madden of the 47th and Hill of the 4th.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 318. By Senator Thomas of the 10th:
A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Anno tated, relating to the powers of municipal corporations generally, so as to authorize each municipal corporation to enter into leases and contracts with private persons for the operation and maintenance of its water system or sewer system or both.

THURSDAY, MARCH 19, 1998

2361

Representative Shanahan of the 10th moved that the House adhere to its position in substituting SB 318 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 Shanahan of the 10th, Royal of the 164th and Stanley of the 50th.

The following Bills of the House were taken up for the purpose of considering the Senate amendment or substitute thereto:

HB 661. By Representatives Baker of the 70th, Cummings of the 27th, Shanahan of the 10th and Bordeaux of the 151st:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that a member of the Employ ees' Retirement System of Georgia or the Teachers Retirement System of Georgia who becomes employed in a position covered by the other retirement system may elect membership in either retirement system.

The following Senate substitute was read:

A BILL
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that a member of the Employees' Retirement System of Georgia or the Teachers Retirement System of Georgia who becomes employed in a position cov ered by the other retirement system may elect membership in either retirement system; to provide for matters relating to the foregoing; to provide for applicability; 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. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by striking in its entirety Code Section 47-2-181, relating to the transfer of credit from the Teachers Retirement System of Georgia to the Employees' Retirement System of Georgia, and inserting in lieu thereof the following:
"47-2-181.
(a) Any other provisions of law to the contrary notwithstanding, any member^ except a member subject to subsection (b) of this Code section, who was previously a member of the Teachers Retirement System of Georgia who has service credits with said teachers retirement system may have such service credits and accumulated contributions under said teachers retirement system transferred to the Employees' Retirement System of Georgia, provided that such transferred service credits shall not be used hi determining the qualifications of a member for benefits other than vested rights or disability, death, or normal service retirement allowances. The Teachers Retirement System of Georgia shall pay an employer contribution together with regular interest thereon to the Employ ees' Retirement System of Georgia for each member establishing creditable service under this subsection. The amount of such employer contributions shall be 6 percent of the reported compensation of the member establishing creditable service during membership in the Teachers Retirement System of Georgia. Any member who elects to transfer such service credits shall so notify the board of trustees in writing.

2362

JOURNAL OF THE HOUSE,

(b) Likcwioc, purouant Pursuant to Code Section 47-3-81, any employee of an agency under the retirement system may transfer his or her service credit to the credit of his or her membership in the Teachers Retirement System of Georgia hi the event that he or she enters service as a teacher, as defined in Code Section 47-3-1.
(c)(l) Any provision of this title to the contrary notwithstanding, any vested member of the Teachers Retirement System who becomes an employee of an employer may. at his or her option, elect to remain a member of the Teachers Retirement System of Georgia. (2) If a person subject to this subsection elects to remain a member of the Teachers Retirement System of Georgia, the employer and employee shall make all contribu tions to such retirement system and perform such other acts as are required by law or regulation. (3) If a person subject to this subsection does not elect to remain a member of the Teachers Retirement System of Georgia, he or she shall become a member of this retirement system subject to all provisions of this chapter. (4) This subsection shall be applicable to each person who was a member of this retirement system on January 1^ 1997, and to all persons who become a member on or after such date. Any person subject to this subsection who became a member of the Teachers Retirement System of Georgia between January lj 1997, and June 30. 1998, who elects to remain a member of this retirement system shall be governed by the provisions of subsection (a) of this Code section relating to the transfer of service credits and accumulated contributions. Any person eligible to make the election pro vided for in this subsection shall do so in writing to the board of trustees not later than September 30. 1998. or within 60 days after the person became an employee of an employer, whichever date is later. Once made, the election is irrevocable. (5) The provisions of this subsection shall not become a part of the employment con tract and shall be subject to subsequent legislation; provided, however, that no person who has made the election provided by this subsection shall be affected by any subse quent legislation."
SECTION 2. Said title is further amended by striking in its entirety Code Section 47-3-81, relating to the transfer of credits from the Employees' Retirement System of Georgia to the Teachers Retirement System of Georgia, and inserting in lieu thereof the following:
"47-3-81.
(a) Any other provisions of law to the contrary notwithstanding, any member^ other than a member subject to subsection (b) of this Code section, who was previously a member of the Employees' Retirement System of Georgia and who has service credits with said employees' retirement system may have such service credits and accumulated contributions under said employees' retirement system transferred to the Teachers Retirement System of Georgia. Any member who elects to transfer such service credits and accumulated contributions shall notify the board of trustees of this retirement sys tem in writing of the member's election to do so. Such transferred service credits shall not be used hi determining the qualifications of a member for benefits other than vested rights, disability, death, or normal service retirement. Such member shall be required to make additional contributions to this retirement system so that the member's annuity account balance will be the same as though the member had been a member of this retirement system during the period of time for which service credits are transferred from the Employees' Retirement System of Georgia to this retirement system or, in the absence of such payment, the board of trustees shall adjust the member's credits in pro portion to the accumulated contributions transferred from the Employees' Retirement System of Georgia to this retirement system. The Employees' Retirement System of Georgia shall pay an employer contribution plus regular interest to the Teachers Retire ment System of Georgia for each member transferring service credits and accumulated contributions to the Teachers Retirement System of Georgia authorized in this Code sec tion. The amount of such employer contributions shall be 6 percent of the reported com pensation of the member while a member of said employees' retirement system. The

THURSDAY, MARCH 19, 1998

2363

employees' retirement system shall pay an additional amount of retirement contributions pursuant to Code Section 47-2-51 for an employees' retirement system member covered by Code Section 47-2-334. This payment shall be placed in the pension accumulation fund and will adjust the amount of employee retirement contributions required for ser vice credit
(b)(l) Any provision of this title to the contrary notwithstanding, any vested member of the Employees' Retirement System who becomes a teacher may, at his or her option, elect to remain a member of the Employees' Retirement System of Georgia. (2) If a person subject to this subsection elects to remain a member of the Employees' Retirement System of Georgia, the employer and teacher shall make all contributions to such retirement system and perform such other acts as are required by law or regu lation. (3) If a person subject to this subsection does not elect to remain a member of the Employees' Retirement System of Georgia, he or she shall become a member of this retirement system subject to all provisions of this chapter. (4) This subsection shall be applicable to each person who was a member of this retirement system on January 1^ 1997, and to all persona who become a member on or after such date. Any person subject to this subsection who became a member of the Employees' Retirement System of Georgia between January ^ 1997. and June 30. 1998, who elects to remain a member of this retirement system shall be governed bg the provisions of subsection (a) of this Code section relating to the transfer of service credits and accumulated contributions. (5) Any person eligible to make the election provided for in this subsection shall do so in writing to the board of trustees not later than September 30, 1998. or within 60 days after the person became a teacher, whichever date is later. Once made, the election shall be irrevocable. (6) The provisions of this subsection shall not become a part of the employment con tract and shall be subject to subsequent legislation; provided, however, that no person who has made the election provided by this subsection shall be affected by any subse quent legislation."
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.

Representative Cummings of the 27th moved that the House agree to the Senate sub stitute to HB 661.
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
YBames YBatM YBenefield
Birdsong Y Bahamian Y Bordeaux Y Bradford YBreedlove Y Bridge*

Y Brooks Y Brown
YBuck YBuckner YBunn Y Burkhalter
YByrd Y Campbell Y Canty YCaih Y Channel! YChildera Y Clark YCoan
Coleman, B Coleman, T

Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cuuuuings Y Davi, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDii YDizon YDobbs Y Dukes YEbrhart

YEpps Y Evans Y Everett YFelton YFloyd Y Franklin Y Golden
Y Graves YGreene YGrindley Y Hammontree
Banner Y Harbin Y Heard YHecht YHeckstall

YHegstrom YHenson Y Holland Y Holmes
Houston Y Howard YHudgens Y Hudson, H Y Hudson, N
Hugley Ylrvin
Jackson Y James YJamieson YJenkins Y Johnson

2364

JOURNAL OF THE HOUSE,

YJohMton
YJOBM
Y Joyce YKaye ELdd YLaUy YLane YLw YLewie YLord Y Lucas YMaddox YMann Y Manning Y Martin, J Y Martin, J.L
YMaaaey YMcBee
McCaU YMcClinton

YMcKinney YMllli YMobley YModey YMueller YO-Neal YOrrock YParham YParriah Y Parson. YPelote
Perry YPinholater YPoeg YPolak Y Ponder Y Porter YPow.ll YPurcell YRagu

YRandall YRiy Y Reave. YReichert
YRice Y Richardson Y Roberta Y Rogers Y Royal Y Sanders Y Sander YScarlett YScheid Y Scott YShanahan YShaw YSherrill
YShipp YSims YSinkfield

Skipper Y Smith, C Y Smith, C.W Y Smith, L YSmith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow YStallings YStancil, F YStandl, S Y Stanley, L
Stanley, P Y Stephena Y Taylor
Teague YTeper

Y Thomas YTillman Y Titus YTolbert YTnnw
Turnqueat YTwiggs Y Walker, L Y Walker, RX YWataon YWest
Westmoreland YWhitaker YWlle.
William., B Y Williams, J Y Williams, R YWorthan
Yates Murphy, Spkr

On the motion, the ayes were 162, nays 0. The motion prevailed.

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.

The following Senate amendment was read:

Amend HB 942 by inserting on line 9 of page 1 after the word and symbol "proceedings;" the following:
"to amend Code Section 21-2-408 of the Official Code of Georgia Annotated, relating to poll watchers for elections, so as to provide for state-wide poll watchers;".
By adding between lines 29 and 30 on page 2 the following:
"Code Section 21-2-408 of the Official Code of Georgia Annotated, relating to poll watchers for elections, is amended by adding a new subsection between subsection (b).
Section 3."

Representative Holmes of the 53rd moved that the House disagree to the Senate amendment to HB 942.
The motion prevailed.

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

THURSDAY, MARCH 19, 1998

2365

AFTERNOON SESSION

The Speaker called the House to order.

The following Resolutions of the House were read and adopted:

HR 1409.

By Representatives Parham of the 122nd, Parrish of the 144th, Twiggs of the 8th, Graves of the 125th and Stephens of the 150th:
A resolution recognizing and congratulating the Georgia Drugs and Narcotics Agency.

HR 1410. By Representative Murphy of the 18th:
A resolution commending the Sacred Heart Catholic Church of Atlanta, Georgia.

HR 1411. By Representative Massey of the 86th:
A resolution recognizing and commending the Winder-Barrow High School Cheerleaders.

HR 1412. By Representative Massey of the 86th:
A resolution recognizing and commending the Winder-Barrow High School Boys Cross Country Team.

HR 1413. By Representative Massey of the 86th: A resolution recognizing and commending Coach Cook Holliday.

HR 1414. By Representatives Buckner of the 95th, Henson of the 65th, Pelote of the 149th, Snow of the 2nd, Hegstrom of the 66th and others:
A resolution commending Twenty-Five for the Twenty-First Century.

HR 1415.

By Representatives Smyre of the 136th, Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th and Hugley of the 133rd:
A resolution recognizing and commending Columbus Councilor and Mayor Pro Tern A. J. McClung on the occasion of his retirement from public ser-

HR 1416. By Representatives Smyre of the 136th, Murphy of the 18th, Walker of the 141st, Skipper of the 137th, Buck of the 135th and others:
A resolution commending the University System of Georgia Outstanding Scholars on Academic Recognition Day.
HR 1417. By Representatives Buck of the 135th, Murphy of the 18th, Lee of the 94th, Coleman of the 142nd, Walker of the 141st and others:
A resolution recognizing and commending Honorable Pierre Howard.

2366

JOURNAL OF THE HOUSE,

HR 1418.

By Representatives Jenkins of the 110th, Murphy of the 18th and Lee of the 94th:
A resolution commending Geraldine G. Ham upon the occasion of her retire ment as clerk of the Superior Court of Monroe County.

HR 1419. By Representatives Hecht of the 97th and Bailey of the 93rd: A resolution honoring Daniel P. Underwood.

HR 1420. By Representatives Pinholster of the 15th and Richardson of the 26th: A resolution commending Jayne and Leonard Harkins.

HR 1421. By Representatives Bailey of the 93rd, Westmorland of the 104th and Lakly of the 105th:
A resolution commending Mr. Huie Bray.

HR 1422.

By Representatives Smith of the 103rd, Westmorland of the 104th, Brown of the 130th and Yates of the 106th:
A resolution commending the Certified Literate is Coweta's Key (CLICK) program and the Newnan-Coweta Chamber of Commerce for the commit ment to literacy enhancement.

HR 1423.

By Representatives Smith of the 103rd, Westmorland of the 104th, Brown of the 130th and Yates of the 106th:
A resolution commending Kid's Castle Park and the Newnan-Coweta Cham ber of Commerce.

HR 1424. By Representative Orrock of the 56th: A resolution expressing sympathy at the passing of Betty Davis.

HR 1425. By Representative Coan of the 82nd:
A resolution commending and congratulating the Collins Hill High School Honors Orchestra and string quartet.

HR 1426. By Representative Williams of the 63rd: A resolution expressing regret at the passing of Mr. Wilson L. Nicoll.

HR 1427. By Representative Powell of the 23rd: A resolution expressing regrets at the passing of Elton E. Bond.

HR 1428. By Representative Powell of the 23rd:
A resolution congratulating Mrs. Clarice Sanders Morris on the occasion of her 100th birthday.

HR 1429. By Representative Powell of the 23rd:
A resolution expressing condolences upon the passing of Mr. Minor J. "Buddy" Ward.

THURSDAY, MARCH 19, 1998

2367

HR 1430. By Representative Powell of the 23rd: A resolution commending Ben Beasley and Karen Beasley.

HR 1431. By Representative Powell of the 23rd:
A resolution recognizing Josh Tucker, STAR student, and Gail Dickerson, STAR teacher.

HR 1432. By Representatives Dukes of the 161st, Everett of the 163rd and Roberts of the 162nd:
A resolution commending Gil Barrett.

HR 1433. By Representative Holland of the 157th: A resolution commending the life of Gervaise Lawhorne.

HR 1434. By Representative Holland of the 157th: A resolution recognizing Nichole Royal.

HR 1435. By Representatives Holland of the 157th, Hudson of the 156th and Scott of the 165th:
A resolution commending the life of Jim Griffeth.

HR 1436. By Representatives Brooks of the 54th, Teague of the 58th and McKinney of the 51st:
A resolution honoring the life of Mrs. Katie Neal Hunt.

HR 1437. By Representatives Holland of the 157th, Scott of the 165th and Hudson of the 156th:
A resolution commending Honorable Charles B. Perry.

HR 1438. By Representatives Brooks of the 54th, Teague of the 58th and McKinney of the 51st:
A resolution honoring the life of Mrs. Doris Mae Calvin Berry.

HR 1439. By Representative Stancil of the 91st: A resolution commending Lamar Howard.

HR 1440. By Representative Stancil of the 91st: A resolution commending Clinton Adams.

HR 1441. By Representatives Bailey of the 93rd, Lee of the 94th, Hecht of the 97th and Benefield of the 96th:
A resolution honoring Janette Lamb on the occasion of her 91st birthday.

HR 1442. By Representatives Bailey of the 93rd, Hecht of the 97th, Lee of the 94th and Benefield of the 96th:
A resolution commending Lois Collins.

2368

JOURNAL OF THE HOUSE,

HR 1443. By Representatives Bailey of the 93rd and Hecht of the 97th:
A resolution expressing regret at the passing of William Hursel "Curley" Ellenburg.

HR 1444. By Representatives Bailey of the 93rd, Lee of the 94th and Benefield of the 96th:
A resolution commending Ernest Duffey.

HR 1445. By Representatives Bailey of the 93rd, Lee of the 94th and Benefield of the 96th:
A resolution commending Mr. Danny Rudd.

HR 1446. By Representatives Bailey of the 93rd and Jackson of the 112th: A resolution congratulating Monica Morris and Mark Pollard.

HR 1447. By Representative Bailey of the 93rd: A resolution commending Lee Philmon.

HR 1448. By Representative Bailey of the 93rd: A resolution recognizing and commending D. C. Pratt.

HR 1449. By Representative Bailey of the 93rd: A resolution commending Wendy Vacari Seay.

HR 1450. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th and Hecht of the 97th:
A resolution recognizing and commending Brenda Alien.

HR 1451. By Representative Bailey of the 93rd: A resolution expressing regret at the passing of Lieutenant James Alls.

HR 1452. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th and Hecht of the 97th:
A resolution honoring the memory of Donald "Don" B. Logon.

HR 1453. By Representative Williams of the 63rd: A resolution expressing regret at the passing of Mr. James B. Lathom.

HR 1454. By Representative Pelote of the 149th:
A resolution congratulating Laura Washington Richards in celebration of her 100th year.

HR 1455.

By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th and Hecht of the 97th:
A resolution honoring John and Dorothy Pettis on the occasion of their 50th wedding anniversary.

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HR 1466. By Representative Bailey of the 93rd:
A resolution recognizing the Seay family on the occasion of its 1998 family reunion.

HR 1457. By Representative Bailey of the 93rd: A resolution expressing regret at the passing of Rodney Aloia.

HR 1458. By Representative Bailey of the 93rd: A resolution recognizing Gloria Jenkins.

HR 1459. By Representatives Bailey of the 93rd, Lee of the 94th and Benefield of the 96th:
A resolution expressing regret at the passing of Ray Z. Harshbarger, Sr.

HR 1460. By Representatives Bailey of the 93rd, Lee of the 94th and Benefield of the 96th:
A resolution commending Mrs. Lucy Huie.

HR 1461. By Representatives Byrd of the 170th, Bates of the 179th, Lane of the 146th, Parrish of the 144th, Smith of the 109th and others:
A resolution commending Honorable Tim Golden.

HR 1462. By Representatives Smyre of the 136th, Murphy of the 18th, Walker of the 141st, Ray of the 128th and James of the 140th:
A resolution expressing regrets at the passing of Jacqueline Poison Prater.

HR 1463. By Representatives Coleman of the 142nd, Murphy of the 18th, Powell of the 23rd, Heckstall of the 55th, Randall of the 127th and others:
A resolution commending the National Order of Women Legislators.

HR 1464. By Representative Buckner of the 95th: A resolution commending Clayton County STAR Students and Teachers.

HR 1465.

By Representatives Buckner of the 95th, Randall of the 127th, Hudson of the 156th, Powell of the 23rd, Parsons of the 40th and others:
A resolution commending the Safe Schools Program sponsored by AT&T and Ericsson.

HR 1466.

By Representatives Buckner of the 95th, Randall of the 127th, Hudson of the 156th, Powell of the 23rd, Parsons of the 40th and others:
A resolution commending the public service campaign to discourage teen-age drinking.

HR 1467. By Representatives Byrd of the 170th, Mosley of the 171st, Pinholster of the 15th and Smith of the 169th:
A resolution commending Jimmy Swain.

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HR 1468. By Representative Smith of the 169th: A resolution commending Janel Lynn Reid.

HR 1469. By Representatives Smith of the 169th and Murphy of the 18th: A resolution honoring William "Bill" McGlannery Stanton.

HR 1470. By Representatives Smith of the 169th, Murphy of the 18th and Coleman of the 142nd:
A resolution commending Dianne Moore Bennett.

HR 1471. By Representatives Dobbs of the 92nd, Lane of the 146th, Golden of the 177th, Mosley of the 171st, Bates of the 179th and others:
A resolution commending Honorable Tom Sherrill.

HR 1472. By Representatives Lane of the 146th, Dobbs of the 92nd, Bates of the 179th, Mosley of the 171st, Sherrill of the 62nd and others:
A resolution saluting Representative Fisher Barfoot.

HR 1473.

By Representatives Lane of the 146th, Smith of the 175th, Barnard of the 164th, Murphy of the 18th, Lee of the 94th and others:
A resolution bidding a fond farewell to the Honorable Roy Barnes as he embarks on a new venture.

HR 1474. By Representative Smith of the 169th: A resolution commending Dianne Moore Bennett.

The following Bills of the House were taken up for the purpose of considering the Senate amendment or substitute thereto:

HB 1913. By Representative Smith of the 19th:
A bill to create a board of elections and registration for Dawson County and provide for its powers and duties.

The following Senate amendment was read:

Amend HB 1913 by striking "21-2-211" and inserting "21-2-212" on line 27 of page 2.
By adding before the period on line 4 of page 6 the following:
", but the first chairperson shall receive as a minimum the same annual compensation as was received by the chief registrar of the county on January 1, 1998, and such mini mum may be increased by the commissioners to reflect the additional duties the chair person will perform under this Act, and the other members of the board shall receive as a minimum for each day of service on the business of the board the same per diem as provided for registrars, other than the chief registrar, under Code Section 21-2-212".

Representative Smith of the 19th moved that the House agree to the Senate amend ment to HB 1913.
On the motion the ayes were 120, nays 0.

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2371

The motion prevailed.

HB 249. By Representative Campbell of the 42nd:
A bill to amend Code Section 19-3-30 of the Official Code of Georgia Anno tated, relating to the issuance, return, and recording of marriage licenses, so as to authorize federal judges to perform marriage ceremonies.

The following Senate substitute was read:

A BILL
To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic rela tions, so as to provide for covenant marriage; to provide for a short title; to provide for definitions; to provide for procedures; to provide for conditions and limitations; to provide that no final judgment and decree of divorce shall be granted for a period of six months following the date of the filing of the petition in any case in which the parties are the par ents of a minor child; to provide for duties and authority of the office of Attorney General; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by adding a new article at the end of Chapter 3 of said title, to be designated Article 4, to read as follows:
"ARTICLE 4
19-3-80. This article shall be known and may be cited as the 'Covenant Marriage Act.'
19-3-81. As used in this article, the term 'authorized counseling' means marital counseling pro vided by a priest, minister, rabbi, clerk of the Society of Friends, any clergy member of any religious sect, a marriage and family therapist licensed under Chapter 10A of Title 43, a clinical social worker or licensed professional counselor, or a psychologist licensed under Chapter 39 of Title 43.
19-3-82. (a) A covenant marriage is a marriage entered into by one male and one female who understand and agree that the marriage between them is a lifelong relationship. Parties to a covenant marriage have received authorized counseling emphasizing the nature and purposes of marriage and the responsibilities thereto. Only when there has been a com plete and total breach of the marital covenant commitment may the nonbreaching party seek a declaration that the marriage is no longer legally recognized. (b) A man and woman may contract a covenant marriage by declaring their intent to do so on then* application for a marriage license, as otherwise required under Article 2 of this chapter, and executing a declaration of intent to contract a covenant marriage as provided in Code Section 19-3-83. The application for a marriage license and the dec laration of intent shall be filed with the official who issues the marriage license.
19-3-83. (a) A declaration of intent to contract a covenant marriage shall contain all of the fol lowing:
(1) A recitation by the parties to the following effect:
'A COVENANT MARRIAGE We do solemnly declare that marriage is a covenant between a man and a woman who agree to live together as husband and wife for so long as they both may live.

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We have chosen each other carefully and disclosed to one another everything which could adversely affect the decision to enter into this marriage. We have received authorized counseling on the nature, purposes, and responsibilities of marriage. We have read the Covenant Marriage Act, and we understand that a covenant marriage is for life. If we experience marital difficulties, we commit ourselves to take all rea sonable efforts to preserve our marriage, including marital counseling. With full knowledge of what this commitment means, we do hereby declare that our marriage will be bound by Georgia law on covenant marriages and we promise to love, honor, and care for one another as husband and wife for the rest of our lives.'; (2) (A) An affidavit by the parties that they have received authorized counseling which shall include a discussion of the seriousness of covenant marriage, communi cation of the fact that a covenant marriage is a commitment for life, a discussion of the obligation to seek marital counseling in times of marital difficulties, and a discussion of the exclusive grounds for legally terminating a covenant marriage by divorce. (B) A notarized attestation, signed by the counselor and attached to or included in the parties' affidavit, confirming that the parties received authorized counseling as to the nature and purpose of the marriage and the grounds for termination thereof and an acknowledgment that the counselor provided to the parties the informational pamphlet developed and promulgated by the office of the Attorney General under this article, which pamphlet provides a full explanation of the terms and conditions of a covenant marriage; and (3) (A) The signature of both parties witnessed by a notary. (B) If one or both of the parties are minors, the written consent or authorization of those persons required under this chapter to consent to or authorize the marriage of minors. (b) The declaration shall contain two separate documents, the recitation and the affida vit, the latter of which shall include the attestation either included therein or attached thereto. The recitation shall be prepared in duplicate originals, one of which shall be retained by the parties and the other, together with the affidavit and attestation, shall be filed as provided in subsection (b) of Code Section 19-3-82.
19-3-84.
A covenant marriage shall be governed by all of the provisions of this title, except as otherwise specifically provided in this article.
19-3-85.
(a) On or after January 1, 1999, married couples with a Georgia marriage license may execute a declaration of intent to designate their marriage as a covenant marriage to be governed by this article. (b) This declaration of intent in the form and containing the contents required by sub section (c) of this Code section must be presented to the officer who issued the couple's marriage license and with whom the couple's marriage certificate is filed. The officer shall make a notation on the marriage certificate of the declaration of intent of a cove nant marriage and attach a copy of the declaration to the certificate.
(c)(l) A declaration of intent to designate a marriage as a covenant marriage shall contain all of the following:
(A) A recitation by the parties to the following effect:
'A COVENANT MARRIAGE We do solemnly declare that marriage is a covenant between a man and a woman who agree to live together as husband and wife for so long as they both may live. We understand the nature, purpose, and responsibilities of marriage. We have read the Covenant Marriage Act, and we understand that a covenant marriage is for life. If we experience marital difficulties, we commit ourselves to take all rea sonable efforts to preserve our marriage, including marital counseling. With full knowledge of what this commitment means, we do hereby declare that our marriage will be bound by Georgia law on covenant marriage, and we renew

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our promise to love, honor, and care for one another as husband and wife for the rest of our lives.'; and (B)(i) An affidavit by the parties that they have discussed their intent to desig nate their marriage as a covenant marriage with an authorized counselor, which included a discussion of the obligation to seek marital counseling in times of mari tal difficulties and the exclusive grounds for legally terminating a covenant mar riage by divorce. (ii) A notarized attestation, signed by the counselor and attached to the parties' affidavit, acknowledging that the counselor provided to the parties the informa tion pamphlet developed and promulgated by the office of the Attorney General under this article, which pamphlet provides a full explanation of the terms and conditions of a covenant marriage, (iii) The signature of both parties witnessed by a notary. (2) The declaration shall contain two separate documents, the recitation and the affi davit, the latter of which shall include the attestation either included therein or attached thereto. The recitation shall be prepared in duplicate originals, one of which shall be retained by the parties and the other, together with the affidavit and attesta tion, shall be filed as provided in subsection (b) of this Code section.
19-3-86.
(a) Notwithstanding any other law to the contrary and subsequent to the parties obtain ing authorized counseling, a spouse to a covenant marriage may obtain a judgment of divorce only upon proof of any of the following:
(1) The other spouse has committed adultery; (2) The other spouse has committed a felony and has been sentenced to death or imprisonment; (3) The other spouse has abandoned the matrimonial domicile for a period of one year and constantly refuses to return; (4) The other spouse has physically or sexually abused the spouse seeking the divorce or a child of one of the spouses; or (5) The spouses have been living separate and apart continuously without reconcilia tion for a period of one year. (b) No spouse shall be required to obtain or participate in counseling as a condition of divorce pursuant to the grounds set forth in paragraphs (2) and (4) of subsection (a) of this Code section.
19-3-87.
In any case in which the parties are ineligible for a decree of divorce due to their failure to satisfy the requirements of Code Section 19-3-86, an action shall nonetheless lie for spousal support, child support, child custody, apportionment of debts, and possession of separate and marital property.
19-3-88.
The office of Attorney General shall, prior to January 1, 1999, promulgate an informa tional pamphlet, entitled 'Covenant Marriage Act," which shall outline in sufficient detail the consequences of entering into a covenant marriage. The informational pamphlet shall be made available to any counselor who provides authorized counseling as provided for by this article."
SECTION 2. Said title is further amended by adding, following Code Section 19-5-8, a new Code Sec tion 19-5-8.1 to read as follows:
"19-5-8.1.
No final judgment and decree of divorce shall be granted for a period of six months fol lowing the date of the filing of the petition in any case in which the parties are the par ents of a minor child."
SECTION 3. The provisions of this Act which require the Attorney General to prepare and make availa ble an informational pamphlet relating to covenant marriage shall become effective upon

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their approval by the Governor on upon their becoming law without such approved. The remaining provisions of this Act shall become effective January 1, 1999.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The Speaker has ruled the Senate substitute not germane, therefore the House has disagreed to the Senate substitute.

The following Bill and Resolution of the Senate were taken up for the purpose of con sidering the Senate's appointment of a Committee of Conference thereon:

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.

Representative Porter of the 143rd moved that the House adhere to its position in substituting SB 447 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 Porter of the 143rd, Taylor of the 134th and Sherrill of the 62nd.

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.

Representative Barnes of the 33rd moved that the House adhere to its position in sub stituting SR 529 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Barnes of the 33rd, Smith of the 175th and Shanahan of the 10th.

The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitute thereto:

HB 244. By Representative Smith of the 175th:
A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, so as to provide for grants for lengthening the school year and the conditions and procedures relating thereto.

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The following Senate amendments were read:

Senate Amendment No. 1

Amend HB 244 by striking lines 22 through 24 of page 2 and inserting in their place the following:
"must also show that a majority of parents of students attending the school or school system has not expressed disapproval of the application."
Senate Amendment No. 2

Amend HB 244 by striking on pg 2 line 23 the words "attending the public hearing,".

The following amendment was read and adopted:

Representative Smith of the 175th moves to amend Senate amendment No. 1 to HB 244 by adding after "striking" on line 3 of page 1 the following:
"lines 24 through 26 of page 1 and inserting in their place the following:
'conditions of the grant. The grant shall'.
By striking".

Representative Smith of the 175th moved that the House agree to the Senate amend ments, as amended by the House, to HB 244.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien YAndenon YA.be Y Bailey Y Bannister YBarfoot
Barnard YBanm YBatea YBenefleld YBirdaong
Bohaimon Y Bordeaux Y Bradford YBreedlove Y Bridge. Y Brook. Y Brown YBuck YBuckner YBunn YBurkhalter YByrd Y Campbell
Canty YCash
Channel! YChUden
Y Clark Coan
YColeman, B YColeman, T
YComwU Y Cooper
Crawford Y Crews

YCulbreth Y CummingB YDavi., G YDavi., M YDay YDeLoach, B YDeLoach, G YDiz YDizon YDobba YDukes YEhrhart YEppa YEvans YEverett YFelton YFloyd N Franklin Y Golden Y Grave. YGreene
Grindley Y H^**iinontiotf
Y Banner Y Harbin Y Heard YHecht
Heckatall Hegitrom YHenson Y Holland Holmes Y Houston Y Howard Hudgeni Y Hudson, H

Y Hudson, N YHugley Ylrvin
Y Jackson Y James YJamieson
YJenkin. Y Johnson Y Johnston
Jones N Joyce
Kaye ELadd YLakly YLane
YLee Y Lewis YLord
Y Lucas YMaddox YMann Y Manning
Y Martin, J Y Martin, J.L YMaasey YMcBee
McCall YMcClinton
McKinney Y Mills YMobley YMosley YMueller YO'Neal YOrrock YParbam

YParrish Parsons
YPelote Perry PinhoUter
YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas YRandall
Ray Y Reaves Y Reichert YRice Y Richardson
Roberts Y Roger. Y Royal
Sanders YSauder
YScarlett YScheid Y Scott
Y Shanahan YShaw YSherrill YShipp
Sims YSinkfield
Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, LJl Y Smith, P Y Smith, T Y Smith, V
Smyre YSnelling
Snow Y Stalling.
Stancil, F YStancil, S Y Stanley, L
Stanley, P Y Stephens YTaylor YTeague YTeper Y Thomas YTUlman Y Titus YTolbert YTrense
Turnqumt
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

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On the motion, the ayes were 149, nays 2. The motion prevailed.

HB 1923. By Representative Smith of the 169th: A bill to create the State Court of Bacon County.

The following Senate substitute was read:

A BILL
To create the State Court of Bacon County; to specify the location of the court and pro vide for facilities therefor; to provide for jurisdiction, powers, practice, and procedure; to provide for terms of court; to specify business hours of the court; to specify costs and fees; to provide for transfer of certain matters from the Superior Court of Bacon County; to provide for institution of criminal cases; to provide for appeals; to provide for selection, number, and compensation of jurors; to provide for appointment, election, qualifications, and terms of office of a judge of the court; to provide for restrictions and discipline of such judge and powers and duties thereof; to provide for the appointment, election, quali fications, and terms of office of a solicitor-general of the court and the powers and duties thereof; to provide for a clerk and sheriff of the court and the duties thereof; to provide compensation for the judge, solicitor-general, and other officers and staff of the court; to provide for a judge pro hac vice and an official court stenographer; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE FT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Effective January 1, 1999, there is created the State Court of Bacon County which shall have the power, jurisdiction, and method of procedure as provided by Chapter 7 of Title 15 of the O.C.G.A.
SECTION 2. The State Court of Bacon County shall be located in the county site of Bacon County in facilities provided by the governing authority of Bacon County.
SECTION 3. The State Court of Bacon County shall have such rules of practice and procedure as pro vided by Chapter 7 of Title 15 of the O.C.G.A. or by rules promulgated by the Supreme Court of Georgia.
SECTION 4. The State Court of Bacon County shall have quarterly terms beginning on the second Monday of January, April, July, and October in the county site of Bacon County and such terms shall remain open for the transaction of business until the next succeeding term. If the date fixed for the convening of any term is a legal holiday, then that term shall begin on the next day thereafter which is not a legal holiday. Said court shall at all times be open for the purpose of receiving pleas of guilty in criminal cases and passing sentence thereon and for the transaction of civil business before the court.
SECTION 5. The clerk of the state court shall be required to keep his or her office open the same hours for business as the clerk of the superior court.
SECTION 6. The clerk of the state court shall be entitled to charge and collect the same fees as the clerk of the superior court is entitled to charge and collect for the same or similar services. All such fees shall be paid into the county treasury, except those sums which are directed by law to be paid otherwise.

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SECTION 7. Any cases of a civil nature pending in the Superior Court of Bacon County on January 1, 1999, or thereafter, of which the State Court of Bacon County has jurisdiction under this Act may be transferred by the judge of the superior court to the State Court of Bacon County by consent of counsel of all parties and shall thereafter stand for trial in said state court as though originally filed therein.
SECTION 8. All prosecutions in criminal cases instituted in the State Court of Bacon County shall be by written accusation, uniform traffic citation, or summons as provided for by Code Sec tion 17-7-71 of the O.C.G.A.
SECTION 9. Any cases tried in the State Court of Bacon County shall be subject to review by the Court of Appeals or the Supreme Court of Georgia, whichever court has jurisdiction, in the same manner and under the same rules of appellate procedure as apply to cases in the superior court.
SECTION 10. (a) Traverse jurors shall be drawn, selected, chosen, and summoned for service in the State Court of Bacon County from the same jury list and from the same jury box and in the same manner as is done in the superior court. Jurors in said state court shall receive the same per diem compensation for service therein as in the Superior Court of Bacon County and shall be paid by Bacon County in the same manner and out of like funds as jurors are paid in the superior court. (b) The jury for the trial of all civil cases tried in the State Court of Bacon County shall be composed of the number of jurors set forth in Chapter 12 of Title 15 of the O.C.G.A. Peremptory strikes in civil cases shall be exercised in the manner prescribed in Chapter 12 of Title 15 of the O.C.G.A. (c) The jury for the trial of all criminal cases tried in the State Court of Bacon County shall be composed of the number of jurors set forth in Chapter 12 of Title 15 of the O.C.G.A. Peremptory strikes in criminal cases shall be exercised in the manner prescribed in Chapter 12 of Title 15 of the O.C.G.A.
SECTION 11. (a) There shall be a judge of the State Court of Bacon County who shall be elected by the qualified voters of Bacon County, shall take office the first day of January immedi ately following such election, and shall serve for a term of office of four years and until the election and qualification of a successor, as provided by Chapter 7 of Title 15 and by Title 21 of the O.C.G.A.; provided, however, that the first judge shall be appointed by the Governor for a term of office of two years beginning January 1, 1999, and until the elec tion and qualification of a successor. (b) The judge of said court shall have such qualifications and shall be subject to such restrictions and discipline as provided in Chapter 7 of Title 15 of the O.C.G.A. He or she shall be vested with all the power and authority of the judges of the state courts by Title 7 of Chapter 15 of the O.C.G.A. (c) The judge shall be a part-time judge and he or she shall be paid a salary of $10,000.00 per annum. Said salary shall be payable out of the funds of Bacon County at the same intervals as installments are paid to other county employees.
SECTION 12. (a) There shall be a solicitor-general of the State Court of Bacon County who shall be elected by the qualified voters of Bacon County, shall take office the first day of January immediately following such election, and shall serve for a term of office of four years and until the election and qualification of a successor, as provided by Article 3 of Chapter 18 of Title 15 and by Title 21 of the O.C.G.A.; provided, however, that the first solicitorgeneral shall be appointed by the Governor for a term of office of two years beginning January 1, 1999, and until the election and qualification of a successor.

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(b) The solicitor-general of said court shall have such qualifications as provided in Article 3 of Chapter 18 of Title 15 of the O.C.G.A. and shall be a part-time solicitor-general of said court. (c) The solicitor-general shall be paid an annual salary equivalent to that of the judge of said court. Said salary shall be payable out of the funds of Bacon County at the same intervals as installments are paid to other county employees.
SECTION 13. (a) The clerk of the Superior Court of Bacon County shall, by virtue of his or her office, be the clerk of the State Court of Bacon County, and the sheriff of said county shall like wise be the sheriff of said state court. The clerk shall provide all the necessary dockets, writs, minute books, printed forms, and the like as will be necessary for said court which shall be paid for by Bacon County in like manner as such items in the superior court. (b) The number and salaries of any necessary additional support staff for the clerk of the superior court and the sheriff of Bacon County required to serve the State Court of Bacon County shall be set by the Bacon County Board of Commissioners. .
SECTION 14. The governing authority of Bacon County is authorized to supplement the salaries of the clerk of the superior court and the sheriff in an amount it deems appropriate for those officers' services to the State Court of Bacon County.
SECTION 15. In the event the judge of the State Court of Bacon County is unable to preside hi the court or is disqualified for any reason, then the judge may appoint a judge pro hac vice to serve in his or her absence. Said judge pro hac vice shall meet the same qualifications as the judge of the State Court of Bacon County.
SECTION 16. The judge of the State Court of Bacon County may appoint an official stenographer for said court who shall report such cases as the court may require. He or she shall receive the same fees as allowed for similar services in the superior court which shall be taxed and enforced as in the superior court.
SECTION 17. This Act shall become effective on July 1, 1998.
SECTION 18. All laws and parts of laws in conflict with this Act are repealed.

Representative Smith of the 169th moved that the House agree to the Senate substi tute to HB 1923.
On the motion, the ayes were 120, nays 0.
The motion prevailed.

HB 1884.

By Representative Tillman of the 173rd:
A bill to amend an Act providing for the election of the members of the board of education of Mclntosh County, so as to change the compensation of the chairperson and members of said board.

The following Senate amendment was read:

Amend HB 1884 by striking on line 24 of page 1 the amount of "$150.00" and inserting in lieu thereof the amount of "$125.00".

Representative Tillman of the 173rd moved that the House agree to the Senate amendment to HB 1884.

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2379

On the motion the ayes were 120, nays 0. The motion prevailed.

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 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 Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:

HB 409. By Representatives Porter of the 143rd, Taylor of the 134th, O'Neal of the 75th and others:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, so as to provide that driver's education shall be an authorized high school program.

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Oliver of the 42nd, Starr of the 44th and Lamutt of the 21st.

The Senate insists on its substitute to the following bills of the House:

HB 1253.

By Representatives James of the 140th, Reaves of the 178th, Floyd of the 138th 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.

HB 1393.

By Representatives Channell of the lllth, Rogers of the 20th, Reichert of the 126th 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.

HB 1430.

By Representatives Powell of the 23rd, Parham of the 122nd, Lee of the 94th 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.

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HB 1730.

By Representatives Walker of the 141st, Buck of the 135th, Diz of the 76th 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 Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:

SB 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.

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Ray of the 48th, James of the 35th and Price of the 28th.

The Senate has disagreed to the House substitute to the following bill of the Senate:

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.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1250

The Committee of Conference on HB 1250 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1250 be adopted.
Respectfully submitted,

THURSDAY, MARCH 19, 1998

2381

FOR THE SENATE:
/a/ George Hooka Senator, 14th District
M Charles W. Walker Senator, 22nd District
M Sonny Perdue Senator, 18th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Terry L. Coleman Representative, 142nd District
M Larry Walker Representative, 141st District
/s/ Bill Lee Representative, 94th District

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.

PARTI.

LEGISLATIVE BRANCH

Section 1. General Assembly. Budget Unit: General Assembly ...................................................! Personal Services - Staff ................................................................$ Personal Services - Elected Officials............................................! Regular Operating Expenses .........................................................$ Travel-Staff ...................................................................................$ Travel - Elected Officials...............................................................! Capital Outlay .................................................................................$ 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....................................................................!

27.801.978 15,008,147 4,064,823 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 27,801,978 27,801,978

Senate Functional Budgets

Total Funds

State Funds

Senate and Research Office

!

4,457,828

4,457,828

2382

JOURNAL OF THE HOUSE,

Lt. Governor's Office Secretary of the Senate's Office Total

$

812,851

$

1.227.745

$

6,498,424

$

812,851

$

1.227.745

$

6,498,424

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

$

10,865,572

$

480,796

$

1.437.706

$

12,784,074

$

10,865,572

$

480,796

$

1.437.706

$

12,784,074

Joint Functional Budgets

Total Funds

State Funds

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility
Oversight Committee Total

$

2,953,333

$

2,183,000

$

1,083,184

$

1,913,477

$

386,486

$

8,519,480

$

2.953,333

$

2,183,000

$

1,083,184

$

1,913,477

$

386,486

$

8,519,480

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.

THURSDAY, MARCH 19, 1998

2383

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....................................................................$

23.148.583 19,639,785
723,274 597,740 315,374 17,500 962,662 53,800 646,910 191.538 23,148,583 23,148,583

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....................................................................!

99.738.650 13,477,801 82,643,300 3,022,726 1,576,573
40,500 500,000 741.000 102,001,900 99,738,650

Judicial Branch Functional Budget

Total Funds

State Funds

Supreme Court Court of Appeals Superior Court - Judges Superior Court - District
Attorneys Juvenile Court Institute of Continuing Judicial
Education Judicial Council Judicial Qualifications Commission Indigent Defense Council Georgia Courts Automation
Commission Georgia Office Of Dispute
Resolution Total

7,053,392 8,501,549 39,596,382
31,488,821 1,279,908
832,114 5,260,769
166,759 4,749,709
2,775,106
297,391 102,001,900

6,244,683 8,451,549 39,522,382
30,264,550 1,279,908
832,114 5,181,499
166,759 4,749,709
2,775,106
270.391 99,738,650

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..................................................................

41.586.669 59,000,393 12,758,190
499,767
794,834
1,533,408 1,313,978

2384

JOURNAL OF THE HOUSE,

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....................................................$ Alternative Fuels Grant .................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

3,569,350 377,031
1,296,952 9,628,892
0 0
669,118 61,155,300
733,484
20,039,840 550,000 35,000 48,500 75,000 232,500
174,311,537 41,586,669

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

$

10,474,342

$

7,696,794

$

31,935,600

$ 117,715,952

$

666,886

$

1,554,571

$

4.267.392

$ 174,311,537

2,973,278 4,270,610
232,500 29,237,246
666,886 212,926
3.993.223 41,586,669

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 21,629,551 15,551,099
117,000 200,000 196,800 268,100 15,071 232,970 430,000
0 0 0 0 38,640,591 0

Departmental Functional Budgets

Total Funds

State Funds

Administration Facilities Program Operations Security

$

13,601,402

$

0

$

2,268,723

$

0

$

11,581,408

$

0

$

6,529,238

$

0

THURSDAY, MARCH 19, 1998

2385

Sales Van Pool Total

4,276,672 383,148
38,640,591

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....................................................................?

38.510.469 32,626,520 4,307,615
1,110,000 302,000 440,136 667,341 814,475 412,585
1,159,741 983,240
3,099,872
2,904,000 275,000 35,000 175,000
772,167 0
150,000 0
40,000 0
50,274,692 38,510,459

Departmental Functional Budgets

Total Funds

State Funds

Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Total

?

8,893,293

?

16,271,009

?

5,876,918

?

6,754,382

?

3,735,723

?

8,128,189

$

616.178

?

50,274,692

?

8,112,293

?

13,138,874

?

2,201,918

?

6,567,382

?

3,606,023

?

?

?

38,510,459

B. Budget Unit: Georgia Agrirama Development

Authority

?

Personal Services.............................................................................?

Regular Operating Expenses.........................................................?

Travel................................................................................................?

Motor Vehicle Purchases...............................................................?

Equipment........................................................................................?

Computer Charges...........................................................................?

Real Estate Rentals........................................................................?

0 954,151 196,667
4,000 0
5,560 9,500
0

2386

JOURNAL OF THE HOUSE,

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.......................................................................! 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 Assistance Program........................................................! Administrative Cost Allocation.....................................................! Contracts for Homeless Assistance...............................................!

7,500 69,500 200,867 120.000 1,567,745
0
9.846.715 7,997,201
448,929 403,199 112,380 136,122 277,3% 385,053 73,000 13.435 9,846,715 9,846,715
29.847.327 7,742,601
413,364 270,850
0 61,368 646,430 1,490,712 316,124 151,110
0
1,959,945 854,250 133,355
30,000,000
2,391,383 2,717,047
0 650,000
757,051 3,281,250
770,187
5,225,000 0
329,179 189,073
0 1,187,500
0 1,250,000

THURSDAY, MARCH 19, 1998

2387

Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

62,787,779 29,847,327

Departmental Functional Budgets

Total Funds

State Funds

Executive Division Research and Information Division Planning and Management Division Business and Financial Assistance
Division Housing and Finance Division Accounting, Audits and
Administration Division Rental Assistance Division Total

$

1,593,920

$

6,172,074

$

0

$

38,601,442

$

0

$

16,420,343

$

0

$

62,787,779

!

1,593,920

$

5,997,546

$

0

7,527,885 0

14,727,976

0

$

29,847,327

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....................................................................!

747,758.766 526,392,481 63,384,589
2,470,494 2,065,738 3,858,790 5,497,266 6,002,776 6,855,910 16,986,310
0 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
366,244 894,000 768,030,469 450,000
0 747,758,766

Departmental Functional Budgets

Total Funds

State Funds

Executive Operations Administration

!

15,928,970

!

65,884,964

!

15,571,970

!

63,659,445

2388

JOURNAL OF THE HOUSE,

Human Resources Field Probation Facilities Total

13,293,432 62,614,773
610.308.330
768,030,469

13,293,432 62,134,773 593.099.146 747,758,766

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....................................................................!

46.794.963 36,587,988
1,654,700 565,000 272,500 194,425 591,200
2,785,000 965,000
2,293,650 860,500 25.000
46,794,963 46,794,963

Section 9. Department of Defense. Budget Unit: Department of Defense ................................................$
Personal Services.............................................................................! Regular Operating Expenses.........................................................!
Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

Il',468!l31 9,767,628
42,375 0
12,000 58,625 24,400 68,973 514,200
0 21,956,332 5,532,547

Departmental Functional Budgets

Total Funds

State Funds

Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard Total

$

1,733,377

$

5,710,336

$

14.512.619

$

21,956,332

1,518,377 633,290
3.380.880
5,532,547

Section 10. State Board of Education Department of Education.
A. Budget Unit: Department of Education .......................................$ Operations:
Personal Services.............................................................................!
Regular Operating Expenses .........................................................$

4.707.669.948
37,302,424 5,040,029

Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................! Utilities .............................................................................................$

20,000 134,114 9,848,573 1,341,182 1,221,054 48,211,639 793,952

THURSDAY, MARCH 19, 1998
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)......................................................................! 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................................................!

0
1,172,174,614 987,512,204 410,106,751 199,517,094 140,115,200 496,109,697 87,917,703 107,842,382
35,306,586 126,497,757 769,988,915 147,308,728 (806,939,271)
0 0
204,279,413 3,158,000 30,151,010
103,079,409 91,646,817
620,134 18,109,709
143,999,894 6,008,750 54,732,103 2,300,000 47,221,626
188,375,722 33,769,043 4,552,565
1,491,147 10,496,210 3,615,550 23,742,972 3,884,639 3,500,000 12,205,002
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

2390

JOURNAL OF THE HOUSE,

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......................................................................$
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 ....................................................................$

1,227,493 5,042,895
273,723
99,047,892 18,613,363 1,250,000 1,608,000
382,597 4,340,000 1,689,931 12,924,311
267,333 100,000 7,000,000 500,000 45,000 15,401,836 274.395 5,216,654,692 340,000 4,707,669,948

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

9,179,917 40,460,169
1,067,960
6,092,581 6,578,518 21,168,034
978,566 5,112,098,627
5,656,118 4,747,659 5,525,035 3.101.508
5,216,654,692

7,717,223 35,480,646
990,371 6,092,581
467,894 19,762,995
978,566 4,620,218,829
5,295,437 4,508,563 5,044,293 1.112.550 4,707,669,948

B. Budget Unit: Lottery for Education..............................................$ Pre-Kindergarten - Grants ............................................................$ Pre-Kindergarten - Personal Service ...........................................$ Pre-Kindergarten - Operations .....................................................$ 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 ..................................................,.............$

261.382.689 210,788,979
1,992,303 5,047,677 3,300,000 9,006,730
0 660,000
0 0 0 1,800,000 0 2,000,000 26.787.000 261,382,689 261,382,689

THURSDAY, MARCH 19, 1998

2391

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....................................................................!

673.425 2,042,086
230,100
18,000
0 1,450
556,432 327,900 44,001
1,363,105 673.425
5,256,499 673,425

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....................................................................!

35.504.900 29,062,867
5,753,394 162,613
1,421,975 1,649,581
274,000
21,420 1,160,555
813,221
0
28,500 60,000 241.752 40,649,878
35,504,900

Departmental Functional Budgets

Total Funds

State Funds

Reforestation
Field Services General Administration and
Support Total

2,057,502 34,189,387
4.402.989 40,649,878

28,901 31,241,165
4.234.834 35,504,900

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.......................................................................! Per Diem, Fees and Contracts......................................................! Evidence Purchased........................................................................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

51.299.927 40,207,128 5,224,001
439,879
294,000 580,490 600,000 380,645 1,014,739 2,075,045
484,000
0
51,299,927 51,299,927

2392

JOURNAL OF THE HOUSE,

Departmental Functional Budgets

Total Funds

State Funds

Administration Investigative Georgia Crime Information Center Forensic Sciences Total

$

4,364,733

$

25,749,032

$

8,583,438

$

12.602.724

$

51,299,927

4,364,733 25,749,032 8,583,438 12.602.724 51,299,927

Section 14. Office of the Governor. 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................................................................! Transition Fund..............................................................................! Flood - Contingency........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

40.003.433
15,911,368 1,019,049
220,590 0
63,161 709,970 991,557 449,586
3,443,485
3,279,146 40,000
3,225,000 148,913
4,000,000 241,500 175,000 0 262,605
1,915,800 100,000 684,400
1,085,968 0
57,000 50,000 10.000.000 48,074,098
40,003,433

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

16,743,059 1,052,229 7,697,274 5,257,819 3,406,398
663,695
1,388,062
2,745,967 308,849
3,858,351

16,743,059 796,693
7,697,274 4,639,681 3,287,398
663,695
307,193
583,967 308,849 3,858,351

THURSDAY, MARCH 19, 1998

2393

Agency Governor's Commission for the Privatization of Government
Services Total

4,952,395

$

0

$

48,074,098

1,117,273
0 40,003,433

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........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................* 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....................................................................$

1.218.033.349
67,488,416 2,456,144 1,560,637 1,573,678 102,863 4,637,716 10,859,405 12,095,660 716,189 0 46,486,389 49,998,569 89,214 918,452 21,876,790 0
220,860,122 412,600
134,693,013

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

1,421,468
4,170,713 1,249,555
8,472,499 46,486,389 41,359,249 5,330,656
602,306 3,140,314 10,953,582 6,615,038 8,388,981 1,935,542 7,388,129
0 1,215,406 68,617,928 1,828,646 1.683.721 220,860,122

$

1,421,468

$

4,170,713

$

1,249,555

$

8,097,499

$

33,335,726

$

25,496,664

$

4,076,660

592,306 3,140,314 5,263,301 2,392,807 6,563,966 1,935,542 7,388,129 (11,636,273) 1,215,406 38,211,420 1,728,646
49.164 134,693,013

2. Public Health Budget:

2394

JOURNAL OF THE HOUSE,

Personal Services........... ..................................................................$ Regular Operating Expenses .........................................................$
Motor Vehicle Purchases ...............................................................$
Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications.......................................................................! Special Purpose Contracts .............................................................$ Purchase of Service Contracts ......................................................$ Grant-In-Aid to Counties......................................... ......................$ Major Maintenance and Construction .........................................$ Postage..............................................................................................? Medical Benefits..............................................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................?

50,942,955 75,444,513
866,522
0
195,367 1,283,987 4,922,410 1,701,281 1,126,683
317,732
16,608,164 142,697,804
34,500 101,757 5.222.222
301,465,897 549,718
164,346,427

Departmental Functional Budget

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

$

13,117,584

$

1,631,528

$

1,728,838

$

2,351,684

$

4,787,502

$

5,264,416

$

3,167,667

$

11,163,022

$

83,800,428

$

72,167,335

$

13,474,396

$

3,305,069

$

1,515,067

$

1,273,264

$

1,575,468

$

6,067,622

$

864,706

$

1,012,956

$

2,629,740

$

386,683

$

583,309

$

5,272,040

$

1,365,533

$

939,926

$

297,825

$

2,094,207

$

2,602,433

$

2,250,700

$

6,630,687

$

233,858

$

10,292,800

$

7,343,045

$

3,397,000

12,987,909 1,416,697 1,406,663 1,239,072 4,013,683
5,152,416 1,106,142 5,986,680
0 71,013,563
1,956,356 1,407,845 1,014,403
0 4,569,621
684,646 525,737 1,148,007 386,683 583,309 5,272,040 1,108,349 788,788 297,825 1,839,110 2,379,615 1,738,827 6,360,687 233,858 5,919,290
0 2,640,380

THURSDAY, MARCH 19, 1998

2395

Adolescent Health Public Health - Planning Councils Early Intervention Public Health - Division Indirect
Cost Total

13,329,694 181,710
13,366,155
0 301,465,897

2,906,090 164,213
11,025,451
(1.625.617) 164,346,427

3. Rehabilitation Services Budget: Personal Services......................... Regular Operating Expenses.....
Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications.......................................................................$ Case Services....................................................................................! Special Purpose Contracts .............................................................$ Purchase of Services Contracts.....................................................$ Major Maintenance and Construction .........................................$ Utilities .............................................................................................$
Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

83,440,459 11,588,954 I,499,267
50,582 751,574 3,881,138 8,649,739 2,412,235 2,074,859 29,830,191 735,245 II,883,883 255,000 859,650 759.287 158,672,063 100,000 25,495,072

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

!

62,855,275

!

768,949

$

539,118

$

10,444,480

!

4,009,274

!

744,540

$

39,680,090

!

12,664,236

$

26.966.101

! 158,672,063

!

12,945,069

!

333,969

!

539,118

!

3,585,422

!

1,106,509

!

744,540

!

0

!

911,649

$

532ot796

!

25,495,072

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......................................!

47,881,101 4,841,303 1,139,360
0 443,950 3,745,843 27,123,649 29,150,922 9,335,184 3,992,945 281,422,326 6,867,433 258,134,622 37,898,114 2,037,559 323.770.423

2396

JOURNAL OF THE HOUSE,

Total Funds Budgeted.................... Indirect DOAS Services Funding. State Funds Budgeted....................

..$

1,037,784,734

..$

2,565,582

..$

375,816,484

Departmental Functional Budgets

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 Bmployability 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

Total Funds

$

514,375

$

4,523,426

$

3,339,327

$

4,071,950

$

11,124,372

$

1,119,466

$

2,675,432

$

30,112,185

$

1,540,886

$

73,315,425

$ 271,131,764

$

1,122,012

$

2,799,420

$

7,223,130

$ 121,788,835

$ 100,085,304

$

3,190,752

$

8,649,308

$

70,464,267

$$

22,782,709 44,257,515

$

4,290,503

$

36,785,262

$

15,713,415

$

5,146,142

$

27,399,709

$$

11,544,785 143,320,622

$

3,759,491

$$

3,992,945 0

$ 1,037,784,734

State Funds

$

514,375

$

3,907,635

$

3,060,024

$

4,071,950

$

843,999

$

1,119,466

$

1,669,641

$

12,372,748

$

1,540,886

$

12,275,078

$$

53,247,444 1,122,012

$$

0 0

$

60,005,156

$$

37,793,327 0

$

2,530,614

$

34,586,456

$$

8,507,737 15,861,742

$

2,520,990

$$$

23,915,275 11,340,907 4,298,815

$$

18,022,533 9,718,081

$

53,486,937

$

3,695,259

$

3,992,945

$ (10,205,548)

$ 375,816,484

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............................

...$

304,475,444

...$

53,045,721

...$

200,000

...$

10,539,760

...$

1,962,161

...$

328.334.947

...$

698,558,033

2,092,200

517,682,353

THURSDAY, MARCH 19, 1998

2397

Departmental Functional Budgets

Total Funds

State Funds

Southwestern State Hospital 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

$

41,138,767

$

8,634,512

$

18,690,453

$

25,997,810

$

30,564,246

$ 127,373,473

$

19,318,584

$

54,890,076

$

20,116,613

$

3,975,087

$

1,016,285

! 164,455,157

$

97,735,013

$

68,988,684

$

10,642,477

$

5.020.796

! 698,558,033

$

25,820,829

$

8,301,981

$

16,803,561

$

17,158,542

$

22,995,361

$

84,629,232

$

17,687,763

$

28,697,966

$

17,330,374

$

3,056,433

$

955,131

$ 158,524,026

$

66,562,534

$

37,391,004

$

7,280,758

$

4.486.858

$ 517,682,353

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..............................................................................!

554,228,375 94,330,914 5,065,786 1,824,260 I,493,754 13,548,684 51,555,203 45,360,098 13,252,915 53,045,721 328,334,947 29,830,191 3,992,945 281,422,326
7,920,410 304,621,011 116,388,730 142,697,804
2,340,875 II,399,410 3,817,055 21,876,790 323,770,423 5,222,222

Section 16. Department of Industry, Trade and Tourism.

2398

JOURNAL OF THE HOUSE,

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....................................................................!

23.006.380
11,467,355 1,211,199
514,715
16,200 107,067 459,480 886,245 400,700 1,606,630 250,600
6,036,189 0 0
50,000
0 23,006,380
23,006,380

Departmental Functional Budgets

Total Funds

State Funds

Administration Economic Development Trade Tourism Georgia Legacy Strategic Planning and Research Total

8,498,286 4,758,214
1,804,467 4,702,608
1,079,593 2.163.212 23,006,380

8,498,286 4,758,214
1,804,467
4,702,608 1,079,593 2.163.212
23,006,380

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....................................................................!

15.781.902 14,486,323
689,017 446,000 122,500 46,879 160,778 816,991 328,712 144,658
0 17,241,858 15,781,902

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

4,210,382 6,095,406
620,037
5,511,356 804.677
17,241,858

4,210,382 6,095,406
620,037
4,051,400 804.677
15,781,902

Section 18. Department of Juvenile Justice.

THURSDAY, MARCH 19, 1998

2399

Budget Unit: Department of Juvenile Justice..................... .............................................................$ Personal Services.............................................................................! Regular Operating Expenses .........................................................$
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 .................................................................................$ Juvenile Justice Reserve ................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

216.076.209 128,073,876 12,793,940
1,271,830 227,500
724,074
653,602 1,898,885 1,233,181
9,583,783 3,602,520
652,485
0 18,689,285 31,944,393
25,000
10.870.000 222,244,354
216,076,209

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

45,986,776 18,015,022 12,494,080 7,750,463 6,360,363 16,483,849 28,493,835 13,023,462 22,003,753
400,299 1,149,330 22,605,781
150,000 1,855,246
551,455 4,072,311 20.848.329 222,244,354

44,492,118 17,351,510 11,987,650 7,500,479 6,072,804 15,815,759 27,663,660 12,663,462 21,944,349
400,299 1,149,330 21,647,448
150,000 I,855,246
551,455 3,982,311 20.848.329 216,076,209

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..................................................................................!

II.001.054 76,535,323 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

2400

JOURNAL OF THE HOUSE,

Payments to State Treasury..........................................................?
Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................$

1,774,079
0 153,334,941 11,001,054

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 ........................................................................$
TpWnrnmiinipatinnH .......................................................................!|i
Per Diem, Fees and Contracts ......................................................$ Books for State Library .................................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

13,837.210 13,068,257
816,949 199,322
0 21,000 305,201 826,548
145,924
16,160,000 147.000
31,690,201 13,837,210

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....................................................................?

1.216.599.921 20,289,881 5,595,000 312,930 165,000 359,000 40,361,600 892,880 566,600 64,167,915
3,342,690,227 772.500
3,476,173,533 1,216,599,921

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

1,573,214
3,342,690,227 47,034,411 2,815,542 9,085,656 4,153,165 9,102,495 6,946,719 52.772.104
3,476,173,533

751,702
1,186,356,112 13,202,377 1,146,719 3,447,149 1,652,689 4,551,248 2,991,924 2.500.001
1,216,599,921

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

C. Budget Unit: PeachCare for Kids..................................................?

0

THURSDAY, MARCH 19,1998

2401

Personal Services.............................................................................$

0

Regular Operating Expenses .........................................................$

0

Travel................................................................................................$

0

Motor Vehicle Purchases ...............................................................$

0

Equipment........................................................................................!

0

Computer Charges...........................................................................!

0

Real Estate Rentals ........................................................................$

0

Telecommunications.......................................................................!

0

Per Diem, Fees and Contracts ......................................................$

0

PeachCare Benefits .........................................................................$

0

Total Funds Budgeted....................................................................$

0

State Funds Budgeted....................................................................!

0

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....................................................................! Federal Funds..................................................................................! Other Agency Funds.......................................................................! Agency Assessments........................................................................! Employee and Employer Contributions......................................! Deferred Compensation..................................................................! State Funds Budgeted....................................................................!

12.190.678 10,176,959 1,998,626
122,000 50,495 975,630 309,569,587 3,813,928
387,915 926.379.243
1,253,474,383 32,284,616 6,198,005
10,239,210 1,192,213,501
348,373 12,190,678

Departmental Functional Budgets

Total Funds

State Funds

Executive Office Human Resource Administration
Employee Benefits Internal Administration
Children's Health Insurance Program
Total

!

2,432,889

!

5,342,646

! 1,192,245,699

!

3,918,875

!

49.534.274

! 1,253,474,383

!

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............................................................!

99.735.359 77,269,779 14,119,875
623,961 1,805,910 2,584,309 2,444,702 6,712,829
836,964 1,282,872
0 675,000

2402

JOURNAL OF THE HOUSE,

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....................................................................! Receipts from Jekyll Island State Park
Authority ......................................................................................$ Receipts from Stone Mountain Memorial
Association....................................................................................$ Receipts from Lake Lanier Islands
Development Authority ..............................................................$ Receipts from North Georgia Mountain
Authority ......................................................................................$ Indirect DOAS Funding.................................................................! State Funds Budgeted....................................................................!

1,304,556
978,810 3,088,000
213,750 722,330 350,000 1,300,000 26,250
0 500,000
800,000 161,000
0 0
0 0
170,047 208,272
300,000
0 31,000 7,895,077 6,132,574
2,094,071 100.000
134,731,938
891,069
2,663,931
0
1,429,219 200.000
99,735,359

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

7,040,902 4,025,846 2,807,878
37,575,909 2,441,126 36,195,409 43,704,531
940.337 134,731,938

7,025,902 4,025,846 2,317,878
18,466,022 1,946,408 31,093,618 33,919,348
940.337 99,735,359

THURSDAY, MARCH 19,1998

2403

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 2,920,177
2,046,978 25,000
0 95,000 40,000
0
70,000 695,000
0 5,892,155
0

Departmental Functional Budgets

Total Funds

State Funds

Georgia Agricultural Exposition Authority

$

5,892,155

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....................................................................?

104.480.478
63,329,195 7,801,357
104,095 4,311,500
288,190 3,147,710
28,962 1,944,147 1,132,000
145,100 0 0
82,232,256 1,650,000 80,582,256

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....................................................................?

19,190,478 1,112,113
61,941 0
62,343 9,000 47,262 273,300 69,000
0 303,651 34,900 2,734.234 23,898,222
0 23,898,222

2404

JOURNAL OF THE HOUSE,

Departmental Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

21,763,287 23,898,222
60.468.969 106,130,478

20,263,287 23,898,222
60.318.969 104,480,478

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....................................................................!

14.532.486
8,293,835 2,587,526
94,010 64,220 393,546 148,442 156,997 196,037 488,533 2,425,200 3,603,386
0 18,451,732 14,532,486

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

3,118,086
1,503,787 1,161,166 1,149,978
456,885
11.061.830 18,451,732

348,840
1,503,787 1,071,166 1,039,978
456,885
10.111.830 14,532,486

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....................................................................!

17.642.000 575,000
17.067.000 17,642,000 17,642,000

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 ........................................................................$

8.567.799 8,057,274
630,486 278,106 283,500 71,526 369,786 330,108

THURSDAY, MARCH 19, 1998

2405

Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

8,567,799

Departmental Functional Budgets

Total Funds

State Funds

Administration Transportation
Utilities Total

2,267,720 4,186,195 4.950.054 11,403,969

2,267,720 1,580,886 4.719.193 8,567,799

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....................................................................?

1.338.763.639
1,403,682,989 204,900,000
346,984,934 146,225,000 28,970,581
990,354 361,267 954,461 4,235,000 2.096.360 2,139,400,946 42,000,000 351,125,000 404,472,807 3,039,500 1,338,763,639

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......................................................................?

189.362.465
291,150,732 70,533,799
129,325,874 42,274,927
0 2,632,448
15,755,891
4,312,000 1,974,000
176,400 7,660,000 7,394,890
0 2,799,505 4,827,775 1,463,578

2406

JOURNAL OF THE HOUSE,

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............................................................... .....$

600,000 200,000 1,276,071
179,214
16,064,395 480.000
601,081,499 0
118,179,756 292,995,778
543,500 189,362,465

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
Veterinary Medicine Teaching Hospital
Joint Board of Family Practice
Georgia Radiation Therapy Center Athens and Tifton Veterinary
Laboratories Regents Central Office Total

$

2,366,695

$

5,000,596

$

1,631,699

$ 107,971,457

$

16,055,687

$

71,517,153

$

57,279,749

$ 269,692,152

$

3,174,529

$

5,205,161

$

27,037,441

$

3,511,664

$

3,484,976

$

27.152.540

$ 601,081,499

$

1,515,836

$

1,731,075

$

1,066,845

$

9,299,364

$

7,692,033

$

41,988,004

$

33,544,349

$

34,591,288

$

3,174,529

$

545,004

$

27,037,441

$

0

$

131,006

$

27.045.691

$ 189,362,465

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 10,334,700 8,550,469 3,889,958 6.702.234 29,477,361 29,477,361
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....................................................................$

26.685.000
15,000,000 2,000,000 2,219,000 7.466.000 26,685,000

THURSDAY, MARCH 19, 1998

2407

Lottery Funds Budgeted.................................................................$

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 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................................................................,....$

96,148.513 63,734,438 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
101,526,968 3,845,000 96,148,513

Departmental Functional Budgets

Total Funds

State Funds

Departmental Administration Internal Administration Information Systems
Field Services Income Tax Unit Motor Vehicle Unit
Central Audit Unit Property Tax Unit Sales Tax Unit State Board of Equalization
Taxpayer Accounting Alcohol and Tobacco
Total

$

12,988,473

$

10,953,876

$

10,723,053

$

16,916,970

$

8,257,787

$

17,690,512

$

8,449,621

$

4,752,350

$

4,011,535

$

20,000

$

4,351,652

$

2,411,139

$ 101,526,968

$

12,988,473

$

10,803,876

$

9,707,853

$

16,776,970

$

7,957,787

$

16,390,512

$

8,449,621

$

3,018,895

$

3,911,535

$

20,000

$

3,711,852

$

2,411,139

$

96,148,513

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....................................................................$

29,209,363 18,289,606 3,162,202
243,800 105,650 110,182 3,005,634 2,420,255 810,380 1,509,154 597,500 30,254,363 29,209,363

Departmental Functional Budgets

Total Funds

State Funds

Internal Administration

$

4,307,572

$

4,277,572

2408

JOURNAL OF THE HOUSE,

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

5,035,638 2,610,676 2,017,587 4,348,582 1,247,851
388,710 10,083,898
213.849 30,254,363

4,960,638 1,890,676 1,967,587 4,328,582 1,247,851
388,710 9,933,898
213.849 29,209,363

B. Budget Unit: Real Estate Commission .

...$

Personal Services......................................

...!

Regular Operating Expenses ..................

Motor Vehicle Purchases ...............................................................$

Computer Charges....................... ....................................................$ Real Estate Rentals ........................................................................I Telecommunications .......................................................................I Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

2.272.618 1,383,094
156,400 15,000 29,000 7,639 316,400 170,085 62,000 133.000 2,272,618 2,272,618

Departmental Functional Budgets

State Funds

Cost of Operations

Real Estate Commission

2,272,618

$

2,312,618

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....................................................................!

2.194.317 1,345,344
245,178 41,650 27,464 13,188 13,800 118,648 26,788 432,157 121.500 2,385,717 2,194,317

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.......................................................!

33,478.570 534,451 22,680 18,000 0 7,500 38,822 46,000 18,691 91,800 0

THURSDAY, MARCH 19, 1998

2409

Guaranteed Educational Loans.....................................................$ Tuition Equalization Grants .........................................................$ Student Incentive Grants...............................................................$ Law Enforcement Personnel Dependents' Grants.....................! North Georgia College ROTC Grants..........................................$ North Georgia College Graduates Scholarship ...........................$ Osteopathic Medical Loans ...........................................................$ Georgia Military Scholarship Grants ...........................................$ Paul Douglas Teacher Scholarship Loans ...................................$ Work Incentive for Students.........................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

4,510,455 25,749,053
500,000 86,000 337,500 68,500 100,000 808,368
0 540.750 33,478,570
33,478,470

Departmental Functional Budgets

Total Funds

State Funds

Georgia Student Finance Authority
Georgia Nonpublic Postsecondary Education Commission
Total

$

32,700,626

$

777.944

$

33,478,570

32,700,626

$

777.944

$

33,478,570

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................................................................!

217.547.965 109,842,893 29,294,427 24,657,442 15,626,661 31,735,698
800,844
215,000 3,500,000 1,125,000
750.000 217,547,965 217,547,965

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....................................................................!

3.800.000
5,478,833 356,100 20,500 0 5,700 858,717 527,355 154,665 299,300 0
3,550,000 250.000
11,501,170 3,800,000

Section 33. Department of Technical and Adult Education.
A. Budget Unit: Department of Technical and Adult Education......................................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$

246.623.996 6,421,733 596,890

2410

JOURNAL OF THE HOUSE,

Motor Vehicle Purchases .
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....................................................................!

161,380 0
187,271 738,746 594,575 992,182 146,786 15,833,471 5,972,145 1,075,353 7,947,385
0 187,270,512 51,614,409
6,333,029 19,592,382 3,662,613 8.488,926 317,629,788 246,623,996

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

$

9,839,563

! 307.790.225

! 317,629,788

6,755,913 239.868.083 246,623,996

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.....................................,..........................!

24.384.346
0
0 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 Aid Program........................................! Mass Transit Grants.......................................................................! Harbor Maintenance/Intra-Coastal
Waterways Maintenance and Operations................................! Contracts with the Georgia Rail Passenger
Authority......................................................................................! Total Funds Budgeted....................................................................!

564.751,771 262,742,052 62,239,702
2,024,000 2,000,000 7,127,070 11,905,646 1,333,768 3,269,333 60,248,553 790,077,596 2,241,866 8,514,737
710,855
341,250 1,214,776,428

THURSDAY, MARCH 19, 1998

2411

State Funds Budgeted....................................................................?

564,751,771

Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

? 905,511,135

$ 245,787,351

$

15,359,379

$

32.000,472

$ 1,198,658,337

$ 277,620,458

$ 233,363,366

$

14,799,379

$

31.216.797

? 557,000,000

General Funds Budget

Planning and Construction Maintenance and Betterments Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways
Activities Total

0 0 2,376,115 13,031,121
710,855 16,118,091

0 0 1,915,369 5,125,547
710.855 7,751,771

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 ......................................................$ Operating Expense/Payments to Medical
College of Georgia .......................................................................$ Regular Operating Expenses for Projects and
Insurance ......................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................?

19.770.431 5,183,283
195,723 92,245
0 173,265 27,100 250,711 66,850 14,339,340
7,393,118
395.500 28,117,135 19,770,431

Departmental Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Nursing Home-Augusta Total

20,668,017 7.449,118 28,117,135

$

14,859,705

4.910.726

19,770,431

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....................................................................?

11.504.420 9,248,337
440,737 127,000
0 59,520 297,057 1,168,148 184,121 169,500
0 11,694,420

2412

JOURNAL OF THE HOUSE,

State Funds Budgeted....................................................................$

11,504,420

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) ...................................................$
$

329,910,630 35.000.000 364,910,630

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (New) ...........................................................$ Motor Fuel Tax Funds (New) .......................................................$
$

47,140,080 0
47,140,080

Section 38. Provisions Relative to Section 3,Judicial Branch. The appropria
tions 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 opera tion of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and
employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries,
mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which
funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and
the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automa tion Commission and the Office of Dispute Resolution, and for payments to the Council
of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

Section 39. Provisions Relative to Section 4, Department of Administra tive Services. It is the intent of the General Assembly that all future purchases of radio
and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services.
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.
Notwithstanding any provision of the law to the contrary, in managing any of the selfinsurance funds or insurance programs which are the responsibility of the commissioner
of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 etseq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 etseq., the commissioner
of administrative services may, subject to the approval of the Office of Planning and Bud get, transfer funds between any such self-insurance funds or insurance programs.

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 emergency-
type water and sewer projects.

THURSDAY, MARCH 19, 1998

2413

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 Lowndes County Tombs County
Crawford County Board of Education
Habersham County City of Homerville

Operation of the School of Library and Information Services Graduate Program Clark Atlanta
University Operation of the Aviation
Museum Wilkes County Airport Development Improvements to historic Lowndes
County courthouse
Purchase an automated electronic sign for Southeastern Vocational Tech
Major repair improvements to Crawford County High School
Purchase of a bookmobile for the Northeast Regional Public Library
Purchase of land

$

75,000

$

90,000

$

86,250

$

50,000

$

40,000

$

375,000

$

100,000

$

38,000

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 $1,960.77. 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 tune 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 11, Employees' Retirement System. Funds are provided in this appropriation act for H.B. 661, H.B. 944, H.B. 1096, H.B. 1103 and S.B. 326.

Section 43. Provisions Relative to Section 15, Department of Human
Resources. The Department of Human Resources is authorized to calculate all Tempo rary Assistance for Needy Families benefit payments utilizing a factor of 66.0% of the standards of need; such 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 hi 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

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JOURNAL OF THE HOUSE,

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 44. Provisions Relative to Section 21, Department of Medical Assistance. There is hereby appropriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is 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 October 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.
Provided, that dispensing fees for pharmacy provider's shall be increased five percent effective July 1, 1998.
Section 45. 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 46. 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 47. Provisions Relative to Section 32, Teachers' Retirement Sys tem. It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 11.95% for S.F.Y. 1999.
Funds are provided in this appropriation act for H.B. 203, H.B. 943, H.B. 1081 and H.B.1096S.
Section 48. Provisions Relative to Section 33, Department of Technical and Adult Education. To provide authorization for the conversion of Atlanta Area Technical Institute and Savannah Regional Technical Institute to State operated institu tions.
Section 49. Provisions Relative to Section 34, Department of Transporta tion. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply: a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby autho rized and directed to give advanced budgetary authorization for letting and execution of

THURSDAY, MARCH 19, 1998

2415

Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actu ally paid into the Fiscal Division of the Department of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for 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 50. 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 fanners' 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 51. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant 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

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JOURNAL OF THE HOUSE,

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 60 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 60 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 60. 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 60 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 52. 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 53. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 64. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 56. 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 66. (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.

THURSDAY, MARCH 19,1998

2417

(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 57. 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 58. 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 59. Provisions Relative to Section 37, State of Georgia General Obligation Debt Sinking Fund. With regard to the appropriations in Section 37 to the "State of Georgia General Obligation Debt Sinking Fund" for authorizing new debt, the maximum maturities, user agencies and user authorities, purposes, maximum principal amounts and particular appropriations of highest annual debt service requirements of the new debt are specified as follows:
From the appropriation designated "State General Funds (New)", $6,284,735 is specif ically appropriated for the purpose of financing educational facilities for county and hidependent school systems through the State Board of Education through the issuance of not more than $70,615,000 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)", $17,304,270 is spe cifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $194,430,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $3,265,470 is specif ically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $13,955,000 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)", $1,100,930 is specif ically 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 $12,370,000 in principal amount of

2418

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General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $58,295 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 $655,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $91,260 is specifi cally appropriated for the purpose of financing 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 connec tion 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 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 connec
tion therewith, through the issuance of not more than $1,475,000 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 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 $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)", $142,400 is specifi
cally appropriated for the purpose of financing projects and facilities for the Forestry Commission, 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 $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)", $5,874,000 is specif ically appropriated for the purpose of financing projects and facilities for the Department
of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,
equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $66,000,000 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)", $461,020 is specifi cally 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 $5,180,000 in principal amount of General Obliga
tion Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

THURSDAY, MARCH 19, 1998

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From the appropriation designated "State General Funds (New)", $230,490 is specifi cally 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 $985,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $2,305,100 is specif ically appropriated for the purpose of financing projects and facilities for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $25,900,000 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)", $310,050 is specifi cally appropriated for the purpose of financing projects and facilities for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,325,000 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)", $149,760 is specifi cally appropriated for the purpose of financing projects and facilities for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 and facilities for the Georgia Bureau of Investigation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,295,000 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)", $623,000 is specifi cally appropriated for the purpose of financing projects and facilities for the Department of Corrections, 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 $7,000,000 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)", $1,458,990 is specif ically appropriated for the purpose of financing projects and facilities for the Department of Corrections, 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 $6,235,000 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)", $2,597,020 is specif ically 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,

2420

JOURNAL OF THE HOUSE,

through the issuance of not more than $29,180,000 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)", $102,350 is specifi cally appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,150,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not hi excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $284,800 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 $3,200,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $144,625 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 $1,625,000 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)", $234,000 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 $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)", $890,000 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 $10,000,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $445,000 is specifi cally appropriated for the purpose of financing projects 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 $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)", $507,300 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 $5,700,000 in principal amount of

THURSDAY, MARCH 19,1998

2421

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)", $356,000 is specifi cally appropriated for the purpose of financing projects and facilities for the Department 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 $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)", $650,520 is specifi cally 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 $2,780,000 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)", $289,250 is specifi cally appropriated for the purpose of financing projects and facilities for the Department of Corrections, 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 $3,250,000 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)", $213,600 is specifi cally appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,400,000 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)", $178,000 is specifi cally appropriated for the Department of Technical and Adult Education to provide public library faculties for county and independent school systems, counties, municipalities, and boards of trustees of public libraries or boards of trustees of public library systems, 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.
Section 60. Salary Adjustments. The General Assembly has distributed and included in the agency appropriations listed above State funds for the following purposes: 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 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 appro priation for this purpose determined according to an effective date of October 1, 1998 (proposed salary adjustments are contingent on an employee's receiving at least "satisfac tory" 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 Assembly) whose salary is set by Act 755 (H.B. 262) of the 1978 General Assembly, as amended, as authorized in said act, Code Section 45-7-4, with the amount of the appropri ation for this purpose determined according to an effective date of October 1, 1998. 4.) 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 the appropriation for this purpose deter mined according to an effective date of September 1, 1998. 5.) To provide for a 4% increase for local school bus drivers and lunchroom workers with the amount of the appro priation for this purpose determined according to an effective date of July 1, 1998. 6.) In

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lieu of item 1 above, to provide for a 6% salary increase for teachers with the Department
of Technical and Adult Education with the amount of the appropriation for this purpose determined according to an effective date of September 1,1998. 7.) In lieu of item 1 above, to provide a 6% funding level for merit increases for Regents faculty and support person nel with the amount of the appropriation for this purpose determined according to an
effective date of September 1, 1998. 8.) In addition to the general salary adjustment in item 1 above, to provide a 5% salary supplement for Peace Officer Standards Training 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. 9.) In addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments 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. 10.) 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. 11.) 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. 12.) In addition to the general salary adjustment hi item 1 above, to provide a 3.5% funding level for sup
plemental 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. 13.) In addition to the general salary adjustment in item 1 above, to pro
vide a supplemental salary adjustment for employees successfully 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 61. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 1999

$ 12,528,603,880

Section 62. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 63. All laws and parts of laws in conflict with this Act are repealed.

Representative Walker of the 141st moved that the House adopt the report of the Committee of Conference on HB 1250.
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 YBarnes YBates YBenefield YBirdsong
YBohannon Y Bordeaux
Y Bradford YBreedlove Y Bridges Y Brooks N Brown YBuck YBudmer YBunn YBurkhalter

Y Byrd Y Campbell Y Canty
Y Cash Y Channell YChilden
N Clark N Coan Y Coleman, B Y Coleman, T
Cornell
Y Cooper Y Crawford
Y Crews Y Culbreth Y Cummings Y Davis, G N Davis, M YDay Y DeLoach, B Y DeLoach, G Y Dix

Y Dixon Y Dobbs Y Duke.
N Ehrhatt Y Epps N Evans
Y Everett Y Felton YFloyd N Franklin Y Golden
Y Graves Y Greene
N Grindley Y Hammontree Y Banner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson

Y Holland Y Holmes Y Houston
Y Howard Y Hudgens Y Hudson, H
Y Hudson, N Y Hugley NIrvin Y Jackson Y James
Y Jamieeon YJentins
Johnson N Johnston
Jones N Joyce N Kaye ELadd N Lakly Y Lane Y Lee

Y Lewis Y Lord Y Local
Maddox Y Mann Y Manning
Y Martin, J Y Martin, JX Y Massey Y McBee Y McCall
Y McClinton Y McKinney
Y Mills Y Mobley YMosley Y MueUer Y 0*Neal Y Orrock YParham YParrish Y Parsons

THURSDAY, MARCH 19, 1998

2423

YPelote Y Perry NPinhobter YPoeg
YPolak Y Ponder Y Porter YPowell YPurcell YRsgas YRandall YRay Y Reave. YReichert

NRiw Y Richardson Y Roberts Y Rogers
Y Royal N Senders Y Sauder YScarlett YScheid Y Scott Y Shanahan YShaw Y Sberrill Y Shipp

YSimi 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 Y Smyre N Snelling Y Snow Y Stalling!

Y StancU, F N StancU, S Y Stanley, L Y Stanley, P
Y Stephens Y Taylor Y Teague YTeper Y Thomas YTillman Y Titus YToHwrt Y Trense Y Turaquest

Y Twiggs Y Walker, L Y Walker, RX Y Watson
Y West N Westmoreland Y Whitaker N Wiles Y Williams, B N Williams, J Y William., R Y Worthan NYates
Murphy, Spkr

On the motion, the ayes were 151, nays 23. The motion prevailed.

Representative Connell of the 115th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

House of Representatives Legislative Office Building, Room 501
Atlanta, Georgia 30334
March 19,1998
Statement for the Journal reference my vote on House Bill 1250.
My vote for House Bill 1250 represents my understanding that there are no state funds in this budget appropriated for the purpose of performing abortions, or for providing abor tion services, according to an answer given by the Majority Leader in response to a ques tion I asked during his presentation on this bill.
Sincerely, /s/ Ron Crews

March 19,1998
Please insert in House Journal on my vote in regards to HB 1250.
I voted in favor of HB 1250 with the clearing understanding that there are no state funds in this budget appropriated for the purpose of abortions. This was specifically ask during the debate and I cast my vote relying upon the word of the Majority Leader (as he responded to this).
Respectfully, /s/ James Mills

The following Bills of the House were taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

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.

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Representative Walker of the 141st moved that the House insist on its position in dis agreeing to the Senate substitute to HB 1730 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, Ragas of the 64th and Irvin of the 45th.

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.

Representative Channell of the lllth moved that the House insist on its position in disagreeing to the Senate substitute to HB 1393 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 Channell of the lllth, Rogers of the 20th and Lane of the 146th.

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.

Representative James of the 140th moved that the House insist on its position in dis agreeing to the Senate substitute to HB 1253 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 James of the 140th, Hudson of the 156th and Reaves of the 178th.

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.

THURSDAY, MARCH 19, 1998

2425

Representative Powell of the 23rd moved that the House insist on its position in dis agreeing to the Senate substitute to HB 1430 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 Powell of the 23rd, Parham of the 122nd and Roberts of the 162nd.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 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.

Representative Breedlove of the 85th moved that the House adhere to its position in substituting SB 573 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 Breedlove of the 85th, Royal of the 164th and Barnes of the 33rd.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

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 Senate substitute was read:

A BILL
To amend Code Section 2-7-102 of the Official Code of Georgia Annotated, relating to grounds for denial, suspension, and revocation of various pesticide licenses, so as to pro vide for the denial or suspension of a license for failure to repay a student loan; to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial insti tutions, so as to provide for the denial or suspension of licenses for mortgage lenders and brokers for failure to repay a student loan; to provide for the denial or suspension of

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JOURNAL OF THE HOUSE,

licenses for check cashers for failure to repay a student loan; to amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the prac tice of professional forestry, so as to provide for definitions; to provide for the denial or suspension of a license for failure to repay a student loan; to amend Part 2 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Georgia Higher Education Assistance Corporation Act," so as to provide for definitions; to provide for a certified state-wide list of persons who are in default and not in satisfactory repayment status on a student loan and for the issuance of such list to certain licensing entities; to authorize licensing entities to suspend or withhold issuance or renewal of licenses for all persons whose names are on the certified list; to provide for notices, hearings, and admin istrative and judicial review relating to license suspension and denial; to provide for notices of release; to provide for forfeiture of certain fees; to provide for interagency agree ments; to provide for a surcharge; to provide for regulations; to amend Code Section 26-4-78 of the Official Code of Georgia Annotated, relating to the suspension or revocation of licenses for pharmacists, so as to provide for the denial or suspension of a license for failure to repay a student loan; to amend Code Section 33-23-21 of the Official Code of Georgia Annotated, relating to grounds for refusal, suspension, or revocation of the licenses of insurance agents and others, so as to provide for the denial or suspension of a license for failure to repay a student loan; to amend Code Section 33-23-22 of the Official Code of Georgia Annotated, relating to notice of suspension or revocation of the licenses of insurance agents and others, so as to provide for a specific hearing; to amend Code Section 43-1-19 of the Official Code of Georgia Annotated, relating to grounds for refusing to grant or revoking licenses by state examining boards, so as to provide for the denial or suspen sion of a license for failure to repay a student loan; to amend Code Section 43-39A-14 of the Official Code of Georgia Annotated, relating to the classification of real estate apprais ers and grounds for refusal, so as to provide for the denial or suspension of an appraiser's license for failure to repay a student loan; to amend Code Section 43-40-15 of the Official Code of Georgia Annotated, relating to the granting, revocation, or suspension of real estate licenses, so as to include the failure to repay a student loan as a ground for refusing to grant or for suspending licenses; to provide for hearing and appeal procedures; to pro vide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 2-7-102 of the Official Code of Georgia Annotated, relating to grounds for denial, suspension, and revocation of various pesticide licenses, is amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) The Commissioner shall suspend any pesticide contractor's license or certified com mercial pesticide applicator's license or refuse to grant or renew either license upon notice to the Commissioner by the Georgia Higher Education Assistance Corporation that:
(1) The applicant for or holder of either such license is a borrower in default who is not in satisfactory repayment status as defined in Code Section 20-3-295; and (2) The hearings and appeals procedures provided in Code Section 20-3-295, where applicable, shall be the only such procedures required under this article."
SECTION 2. Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial insti tutions, is amended by adding at the end of Code Section 7-1-707, relating to suspension of licenses of check cashers generally, a new subsection (d) to read as follows:
"(d) The provisions of this Code section shall not apply when a license is denied or sus pended as provided in Code Section 7-1-707.1."
SECTION 3. Said chapter is further amended by adding following Code Section 7-1-707, relating to sus pension of licenses of check cashers generally, a new Code section to read as follows:

THURSDAY, MARCH 19, 1998

2427

"7-1-707.1.
(a) As used in this Code section, the term: (1) 'Agency' means the Georgia Higher Education Assistance Corporation created in Code Section 20-3-263 which is responsible for administering a program of guaranteed educational loans to eligible students and eligible parents known as the Georgia Higher Education Loan Program. (2) 'Borrower' means an individual who borrowed a guaranteed educational loan under the Georgia Higher Education Loan Program. (3) 'Default' means default as defined by federal law under the Higher Education Act of 1965. (4) 'Satisfactory repayment status' means the borrower has agreed to repay the defaulted loan to the agency and has made a payment in the most recent prior 60 days.
(b) The department shall suspend, as provided for in Code Section 20-3-295, the license of any check casher upon receipt of a record from the agency stating that such licensee is a borrower in default who is not in satisfactory repayment status. (c) The department shall deny, as provided for in for Code Section 20-3-295, the appli cation or renewal of any applicant or licensee upon receipt of a record from the agency stating that such applicant or licensee is a borrower in default who is not in satisfactory repayment status. (d) Notwithstanding any other provisions of law, the hearings and appeals procedures provided for in Code Section 20-3-295, where applicable, shall be the only such proce dures required to suspend a license or deny the issuance or renewal of an application for a license under this article."
SECTION 4. Said chapter is further amended by striking paragraph (a) of Code Section 7-1-1017, relat ing to the suspension or revocation of licenses for mortgage lenders and mortgage brokers, and inserting in lieu thereof the following:
"(a)l^ The department may suspend or revoke an original or renewal license or regis tration on any ground on which it might refuse to issue an original license or registra tion or for a violation of any provision of this article or any rule or regulation issued under this article or for failure of the licensee or registrant to pay, within 30 days after it becomes final, a judgment recovered in any court within this state by a claim ant or creditor in an action arising out of the licensee's or registrant's business in this state as a mortgage lender or mortgage broker. (2) to addition te the foregoing, where Where an applicant or licensee has been found not in compliance with an order for child support as provided in Code Section 19-6-28.1 or 19-11-9.3, such action is sufficient grounds for refusal of a license or sus pension of a license. In such actions, the hearing and appeal procedures provided for in those Code sections shall be the only such procedures required under this article. (3) Where an applicant or licensee has been found to be a borrower in default as pro vided in Code Section 20-3-295. such action is sufficient grounds for refusal of a license or suspension of a license. In such actions, the hearing and appeal procedures provided for in Code Section 20-3-295 shall be the only such procedures required under this article."
SECTION 5. 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, is amended by adding immediately follow ing Code Section 12-6-49.1, relating to denial or suspension of a license for noncompliance with a child support order, a new Code section to read as follows:
"12-6-49.2.
(a) As used in this Code section, the term: (1) 'Agency' means the Georgia Higher Education Assistance Corporation created in Code Section 20-3-263 which is responsible for administering a program of guaranteed educational loans to eligible students and eligible parents known as the Georgia Higher Education Loan Program.

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(2) 'Borrower* means an individual who borrowed a guaranteed educational loan under the Georgia Higher Education Loan Program. (3) 'Default' means default as defined by federal law under the Higher Education Act of 1965. (4) 'Satisfactory repayment status' means the borrower has agreed to repay the defaulted loan to the agency and has made a payment in the most recent prior 60 days. (b) The board shall suspend, as provided for in Code Section 20-3-295, the license of any registered forester upon receipt of a record from the agency stating that such licensee is a borrower in default who is not in satisfactory repayment status. (c) The board shall deny the application for renewal, as provided in for Code Section 20-3-295, of any applicant or licensee upon receipt of a record from the agency stating that such licensee is a borrower in default who is not in satisfactory repayment status. (d) Notwithstanding any other provisions of law, the hearings and appeals procedures provided for in Code Section 20-3-295, where applicable, shall be the only such proce dures required to suspend a license or deny the issuance or renewal of an application for a license under this part."
SECTION 6. Part 2 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Georgia Higher Education Assistance Corporation Act," is amended by adding imme diately following Code Section 20-3-294, relating to operations reports by the corporation, a new Code section to read as follows:
"20-3-295.
(a) As used in this Code section, the term: (1) 'Agency' means the Georgia Higher Education Assistance Corporation created in Code Section 20-3-263 which is responsible for administering a program of guaranteed educational loans to eligible students and eligible parents known as the Georgia Higher Education Loan Program. (2) 'Applicant' means any person applying for issuance or renewal of a license. (3) 'Borrower' means an individual who borrowed a guaranteed educational loan under the Georgia Higher Education Loan Program. (4) 'Certified list' means a list provided by the agency of the names of borrowers who default on guaranteed educational loans made under the Georgia Higher Education Loan Program and are not in a satisfactory repayment status. Provided however the term default shall not include any obligation which is restructured or which is dis charged under hardship provisions under the Federal Bankruptcy Code. (5) 'Default' means default as defined by federal law under the Higher Education Act of 1965. (6) 'License' means a certificate, permit, registration, or any other authorization issued by any licensing entity that allows a person to engage in a profession, business, or occupation. (7) 'Licensee' means any person holding a license. (8) 'Licensing entity' means any state agency, department, or board of this state which issues or renews any license, certificate, permit, or registration to authorize a person to engage in a profession, business, or occupation, including those under Article 3 of Chapter 7 of Title 2, the 'Georgia Pesticide Use and Application Act of 1976'; Article 13 of Chapter 1 of Title 7, relating to mortgage lenders and mortgage brokers; Part 2 of Chapter 6 of Title 12, relating to foresters; Part 3 of Chapter 4 of Title 26, relating to pharmacists; Chapter 23 of Title 33, relating to insurance agents, counsel ors, and other personnel; Chapter 1 of Title 43, relating to professions and businesses; Chapter 39A of Title 43, relating to real estate appraisers; or Chapter 40 of Title 43, relating to real estate brokers and salespersons. (9) 'Satisfactory repayment status' means the borrower has agreed to repay the defaulted loan to the agency and has made a payment in the most recent prior 60 days.

THURSDAY, MARCH 19, 1998

2429

(b) The agency shall maintain a state-wide certified list of borrowers in default who have not made satisfactory arrangements to ensure voluntary repayment. The certified list must be updated on a monthly basis. The agency shall submit to each licensing entity a certified list with the name, social security number, if known, date of birth, and last known address of each person on the list. (c) On or before January 1, 1999, all licensing entities shall implement procedures to accept and process the list provided by the agency in accordance with this Code section. Such procedures should be substantially similar if not identical to those implemented to comply with Code Section 19-11-9.3. (d) Promptly after receiving the certified list from the agency, all licensing entities shall determine whether an applicant or licensee is on the most recent certified list. If an applicant or licensee is on the certified list, the licensing entity shall immediately notify the agency. That notification shall include the applicant's or licensee's last known mail ing address on file with the licensing entity. (e) After receiving notice from the licensing entity of applicants or licensees who are on the certified list, the agency shall immediately notify those individuals as specified in subsection (f) of this Code section of the agency's intent to request that all pertinent licensing entities suspend all licenses or withhold issuance or renewal of any license. (f) Notice for purposes of this Code section shall be initiated by the agency. Notice to the borrower in default shall include the address and telephone number of the agency and shall inform the borrower in default of the agency's intent to submit the borrower's name to the relevant licensing entities and to request that the relevant licensing entities withhold issuance or renewal of the license or suspend the license. The notice must also inform the borrower in default of the following:
(1) The borrower in default has 20 days from the date of mailing to enter into a satis factory repayment status. If the borrower in default fails to enter into a satisfactory repayment status or does not respond within that time, the agency will send notice to the appropriate licensing entities and request that the licenses be suspended or the licensure applications be denied; (2) The borrower in default may request an administrative hearing and judicial review of that hearing under subsection (g) of this Code section. A request for a hearing must be made in writing and must be received by the agency within 20 days of service of notice; and (3) If the borrower in default requests a hearing within 20 days of service, the agency shall stay all action pending the hearing and any appeals. (g) All borrowers in default subject to the sanctions imposed in this Code section shall have the right to a hearing before an administrative law judge of the Office of State Administrative Hearings pursuant to Article 2 of Chapter 13 of Title 60. A borrower in default who requests a hearing within the time prescribed in subsection (f) of this Code section shall have the right to a hearing. The hearing shall be conducted as provided in Article 2 of Chapter 13 of Title 50 within 45 days after such demand is received. The
only issues at the hearing will be whether:
(1) There is an outstanding guaranteed educational loan; (2) The licensee or applicant is the borrower named in the loan; (3) The borrower is or is not in default;
(4) The borrower has entered into a satisfactory repayment status;
(5) The loan obligation is not enforceable; and (6) The loan has been restructured or the loan has been discharged under hardship
provisions under the Federal Bankruptcy Code. With respect to the issues listed in this subsection, evidence relating to the ability and
willingness of a borrower to repay the loan shall be considered in making the decision either to suspend a license or or deny the issuance or renewal of a license under this
Code section. The administrative law judge shall be authorized to enter into an agree ment or enter an order requiring periodic payments, and, hi each event, the administra
tive law judge shall be authorized to issue a release for the borrower to obtain each license or licenses.

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(h) The decision at the hearing shall be subject to appeal and judicial review pursuant to Article 2 of Chapter 13 of Title 50 but only as to those issues referred to in subsec tion (g) of this Code section. Notwithstanding any hearing requirements for suspension and denials within each licensing entity, the hearing and appeal procedures outlined in this Code section shall be the only hearing required to suspend a license or deny the issuance or renewal of a license under this Code section. (i) The agency shall prescribe release forms for its use. When the borrower is deter mined to be in satisfactory repayment status or is determined to be not in satisfactory repayment status but has been determined in a hearing pursuant to subsection (g) of this Code section to be unable to comply with the terms of the loan agreement or to be not willfully out of compliance with such loan agreement, the agency shall mail to the borrower in default and the appropriate licensing entity a notice of release stating such determination. The receipt of a notice of release shall serve to notify the borrower in default and the licensing entity that, for the purpose of this Code section, he or she is in satisfactory repayment status, and the licensing entity shall promptly thereafter issue or reinstate the license, unless the agency, pursuant to subsection (b) of this Code section, certifies subsequent to the issuance of a notice of release that the borrower in default is once again not in satisfactory repayment status. (j) The agency may enter into interagency agreements with state agencies that have responsibility for the administration of licensing entities as necessary to implement this Code section. Those agreements shall provide for the receipt by other state agencies and boards of federal funds to cover that portion of costs allowable under federal law and regulation and incurred by state agencies and boards in implementing this Code section, (k) Any licensing entity receiving an inquiry as to the license status of an applicant who has had an application for issuance or renewal of a license denied under this Code sec tion shall respond only that the license was suspended or the licensure application was denied pursuant to this Code section. (1) The agency shall, and the licensing entities as appropriate may, adopt regulations necessary to implement this Code section."
SECTION 7. Code Section 26-4-78 of the Official Code of Georgia Annotated, relating to the suspension or revocation of licenses for pharmacists, is amended by adding a new subsection (d) at the end thereof to read as follows:
"(d) The board shall have the power to suspend any license issued under this part when such holder is a borrower in default who is not in satisfactory repayment status as pro vided in Code Section 20-3-295. The board shall also have the power to deny the appli cation for issuance or renewal of a license under this part when such applicant is a borrower in default who is not in satisfactory repayment status as provided in Code Sec tion 20-3-295. The hearings and appeals procedures provided for in Code Section 20-3-295 shall be the only such procedures required to suspend or deny any license issued under this part."
SECTION 8. Code Section 33-23-21 of the Official Code of Georgia Annotated, relating to grounds for refusal, suspension, or revocation of the licenses of insurance agents and others, is amended by adding at the end thereof a new paragraph (20) to read as follows:
"(20) Is a borrower in default who is not in satisfactory repayment status as defined by Code Section 20-3-295; for violations of this paragraph only, any hearing and appeal procedures conducted pursuant to Code Section 20-3-295 shall be the only such procedures required to suspend, deny, or revoke any license under this title."
SECTION 9. Code Section 33-23-22 of the Official Code of Georgia Annotated, relating to notice of sus pension or revocation of the licenses of insurance agents and others, is amended by strik ing subsection (a) in its entirety and inserting in lieu thereof the following:
"(a) Any license, other than a probationary license, may be suspended or revoked as provided by Code Section 33-23-21, and the Commissioner shall give notice of such

THURSDAY, MARCH 19, 1998

2431

action to the applicant for or holder of the license and any insurer or agent whom the applicant or licensee represents or who desires that the applicant or licensee be licensed. The procedure for conduct of hearings set forth in Chapter 2 of this title shall be fol lowed in all cases except those cases pursuant to paragraph (19) or (20) of Code Section 33-23-21 which shall only require the hearings provided for in that either paragraph."
SECTION 10. Code Section 43-1-19 of the Official Code of Georgia Annotated, relating to grounds for refusing to grant or revoking licenses by state examining boards, is amended in subsection (a) by striking the word "or" at the end of paragraph (10), by striking the period and inserting "; or" at the end of paragraph (11), and by adding a new paragraph (12) to read as follows:
"(12) Failed to enter into satisfactory repayment status and is a borrower in default as defined by Code Section 20-3-295; it shall be incumbent upon the applicant or licensee to supply a notice of release to the board from the Georgia Higher Education Assistance Corporation indicating that the applicant or licensee has entered into satis factory repayment status so that a license may be issued or granted if all other condi tions for licensure are met."
SECTION 11. Code Section 43-39A-14 of the Official Code of Georgia Annotated, relating to the classifi cation of real estate appraisers and grounds for refusal, is amended by adding at the end thereof a new subsection (k) to read as follows:
"(k) Where an applicant or licensee has been found to be a borrower in default who is not in satisfactory repayment status as provided in Code Section 20-3-295, such finding is sufficient grounds for refusal of a license or suspension of a license. For purposes of this subsection, the hearing and appeal procedures provided for in Code Section 20-3-295 shall be the only such procedures required under this article."
SECTION 12. Code Section 43-40-15 of the Official Code of Georgia Annotated, relating to the granting, revocation, or suspension of real estate licenses, is amended by adding at the end thereof the following subsection (1):
"(1) Where an applicant or licensee has been found to be a borrower in default who is not in satisfactory repayment status as provided in Code Section 20-3-295, such status is sufficient grounds for refusal of a license or suspension of a license. In such cases, the hearing and appeal procedures provided for in Code Section 20-3-295 shall be the only such procedures required under this chapter."
SECTION 13. This Act shall become effective on July 1, 1998.
SECTION 14. All laws and parts of laws in conflict with this Act are repealed.

Representative Hugley of the 133rd moved that the House agree to the Senate substi tute to HB 884.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Andenon
YAahe
Y Bailey Bannister
YBarfoot Y Barnard
Barnes Y Bates YBenefield
Birdaong Bohannon

Y Bordeaux Y Bradford
Breedlove
Bridges Y Brooks Y Brown
Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell

Canty Y Cash
Channel!
Y Childen Y Clark Y Coan Y Coleman, B
Coleman, T Y Connell Y Cooper Y Crawford Y Crews

Culbreth Y CummingB Y Davis, G
Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dii
Diion Y Dobbs Y Dukes Y Ehrhart

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

2432

JOURNAL OF THE HOUSE,

Y Harbin Y Heard YHecht
Heckstall YHegstrom YHenson Y Holland
Holmes Y Houston Y Howard YHudgens Y Hudson, H Y Hudson, N YHugley Ylrvin
Y Jackson Y James YJamieson YJenkins
Johnson YJohnston N Jones N Joyce YKaye

ELadd YLakly YLane YLee Y Lewis YLord YLucas
Maddoi YMann Y Manning
Y Martin, J Y Martin, J.L YMaseey YMcBee YMcCaU YMcClinton
McKinney Mills
YMobley YMosley
MueUer YO-Neal YOrrock YParham

YParrish Y Parsons YPelote Y Perry YPinholstor YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas
Randall YRay
Reaves Y Reicbert YRice Y Richardson
Roberts Y Rogers Y Royal
Sanders YSauder
Scarlett

On the motion, the ayes were 139, nays 3. The motion prevailed.

Scheid Y Scott
Shanaban YShaw YSberrill
Shipp YSims Y Sinkfleld Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith,?
Smith, T Y Smith, V
Smyre YSneUing YSnow YStallings
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 Y Turnquest
Y Walker, L Y Walker, R.L Y Watson YWest Y Westmorland
Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R
Worthan YYates
Murphy, Spkr

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 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.

Representative McBee of the 88th moved that the House insist on its position in dis agreeing to the Senate substitute to HB 1202 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 McBee of the 88th, Holmes of the 53rd and Hudson of the 120th.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 609. By Representatives Polak of the 67th, Royal of the 164th, Jamieson of the 22nd, Buck of the 135th and Skipper of the 137th:
A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax.

The following report of the Committee of Conference was read:

THURSDAY, MARCH 19, 1998

2433

COMMITTEE OF CONFERENCE REPORT ON HB 609

The Committee of Conference on HB 609 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 609 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

M Michael J. Egan Senator, 40th District

is/ Michael C. Polak Representative, 67th District

/s/ Broun Senator, 46th District

M Jimmy Skipper Representative, 137th District

/s/ Starr Senator, 44th District

/s/ Culbreth Representative, 132nd District

A BILL
To amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax; to provide for liability; to provide for conditions and procedures; to provide for exceptions and exemptions; to provide authorization with certain conditions for certain counties and municipalities to levy such tax; to change certain provisions authorizing cer tain counties and municipalities to levy such tax under certain conditions; to provide for requirements and limitations with respect thereto; to provide for related matters; to create the Joint Hotel Motel Tax Study Committee; to provide for the committee's powers, duties, authority, and termination; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accom modations, is amended by striking paragraphs (1) and (2) of subsection (a) of Code Sec tion 48-13-51, relating to the levy and collection of such excise tax, and inserting in their place new paragraphs (1) and (2) to read as follows:
"(n)(l) The governing authority of each municipality m this state may levy and eeBeet an excise ta* upon the furnishing for vatae to the pttfeHe of- any reem er reams; lodg-
required te pay business er occupation taaes te; the municipality for operating a- hotel; mete); wn; lodge; tourist camp; teurist cabin; er any ether place which rooms-, tedgingfl; er accommodations are regularly furnished (or vafoe: Within the territorial limits

And COilOCv fltt 6ZC106 DftJI UpOfx vft6 xttH)18111R xOS1 VA1U6 $6 vR pUDttC Ox 0Dy TQOBft OF
rooms; lodgings, er accommodations furnished by any person er legal entity licensed by; er required te pay busineso er occupation taaea te; the county for operating within the special district ft hotel; motel, km; lodge, teurist camp; tettrist cabin, er any ether
plftCG Ifi ^FnJCn IfOOt&Sj lOQ^lfi^S^ Of ftCCOHMMOQfltlOlM 6U?O YO^ttnOrQ^ ntHSlSROCI TOP VBntCT
JNO vAS Sfifloz OG ICVICQ ftft pFOVlCWCc ift CIRB vOQ6 SOcnOR UpOft XAC roOS1 or CBftfgOv z9r
any roomo, lodgings, er accommodations furnished far a period ef more than ten cenBceutivc days er tot use s meeting reems: We ta* shall -be levied as provided 4n -this 6ede seetien apen the fees er charges for any reems; lodgings, er accommodations fafnished for a peried ef- one er mere days fer use by Georgia state er local government

2434

JOURNAL OF THE HOUSE,

officials OF cmploycca when traveling en official busincaa. Except aa provided in pafft-
ef this aubacction, ne tax levied pursuant te this Code seetiea shall fee tev4ed e* eelleeted at a fate exceeding 3 percent ef the charge te the pablie for the furnishings.
(a)(l)(A) The governing authority of each municipality in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity Ticensed

yim;e in wuu;u ruuma, JUUKIUKS. ur acuuiiiuiuuauuiia are reKmofiy lurmsncu iur Within the territorial limits of the special district located within the county, each county in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating within the special district a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodg ings, or accommodations are regularly furnished for value. The provisions of this Code section shall control over the provisions of any local ordinance or resolution to the contrary enacted pursuant to Code Section 48-13-53 and in effect prior to July 1, 1998. Any such ordinance shall not be deemed repealed by this Code section but shall be administered in conformity with this Code section.
(B)(i) The excise tax shall be imposed on any person or legal entity licensed by or required to pay a business or occupation tax to the governing authority imposing the tax for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value and shall apply to the furnishing for value of any room, lodging, or accommodation. Every person or entity subject to a tax levied as provided in this Code section shall, except as provided in this Code section, be liable for the tax at the applicable rate on the lodging charges actually col lected or, if the amount of taxes collected from the hotel or motel guest is in excess of the total amount that should have been collected, the total amount actu ally collected must be remitted. (ii) Any tax levied as provided in this Code section is also imposed upon every person or entity who is a hotel or motel guest and who receives a room, lodging, or accommodation that is subject to the tax levied under this Code section. Every such guest subject to the tax levied under this Code section shall pay the tax to the person or entity providing the room, lodging, or accommodation. The tax shall be a debt of the person obtaining the room, lodging, or accommodation to the per son or entity providing such room, lodging, or accommodation until it is paid and shall be recoverable at law by the person or entity providing such room, lodging, or accommodation in the same manner as authorized for the recovery of other debts. The person or entity collecting the tax from the hotel or motel guest shall remit the tax to the governing authority imposing the tax, and the tax remitted shall be a credit against the tax imposed by division (a)(l)(B)(i) of this Code sec tion on the person or entity providing the room, lodging, or accommodation. (C) The tax authorized by this Code section shall not apply to charges made for any rooms, lodgings, or accommodations provided to any persons who certify that they are staying in such room, lodging, or accommodation as a result of the destruc tion of their home or residence by fire or other casualty. The tax authorized by this Code section shall apply to the fees or charges for any rooms, lodgings, or accommo dations during the first ten days of continuous occupancy and shall not apply to charges imposed for any continuous occupancy thereafter. The tax authorized by this Code section shall not apply to charges made for the use of meeting rooms and other such facilities or to any rooms, lodgings, or accommodations provided without charge. The tax authorized by this Code section shall not apply to the charges for any rooms, lodgings, or accommodations furnished for a period of one or more days for use by Georgia state or local governmental officials or employees when traveling on official business.

THURSDAY, MARCH 19, 1998

2435

(D) Except as provided in paragraphs (3). (3.1), (3.2). (3.3). (3.4), (3.5), (3.6), (4), (4.1). (4.2). (4.3), (4.4), (4.5). (5). and (5.1) of this subsection, no tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings. (2) A county or municipality levying a tax as provided in paragraph (1) of this subsec tion shall in each fiscal year beginning on or after July 1, 1987, expend for the pur pose of promoting tourism, conventions, and trade shows a percentage of the total taxes collected under this Code section which is not less than the percentage of such tax collections expended for such purposes during the immediately preceding fiscal year. In addition, if during such immediately preceding fiscal year any portion of such tax receipts was expended for such purposes through a grant to or a contract or con tracts with the state, a department of state government, a state authority, or a private sector nonprofit organization, then in each fiscal year beginning on or after July 1, 1987, at least the same percentage shall be expended through a contract or contracts with one or more such entities for the purpose of promoting tourism, conventions, and trade shows. The expenditure requirements of this paragraph shall cease to apply to a county or municipality which levies a tax at a rate in excess of 3 percent, as autho rized under paragraphs (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.6), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (5), and (5.1) of this subsection; and in such case the expenditure require ments of such paragraph of this subsection pursuant to which such tax is levied shall apply instead."
SECTION 2. Said article is further amended by adding a new paragraph immediately following para graph (3.5) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, to be designated paragraph (3.6), to read as follows:
"(3.6) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) and municipalities within a county in which an attraction honoring the inventor of the cot ton gin is planned, owned, or operated by the municipality may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (3.6)) an amount equal to 83 Vs percent of the total taxes col lected at the rate of 6 percent for the purpose of promoting tourism, conventions, and trade shows; and an amount equal to 16 % percent of the total taxes collected at the rate of 6 percent for the purpose of constructing, marketing, or operating an attraction honoring the inventor of the cotton gin. Marketing and operating expenditures may include a preopening marketing program for such facility and an escrow account accrued prior to opening such facility to cover operating expenses to be incurred after the opening of such facility."
SECTION 3. Said article is further amended by striking paragraph (6) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in its place a new paragraph (6) to read as follows:
"(6) At no time shall a county or municipality levy a tax under more than one para graph of this subsection. Following the termination of a tax under paragraph (3.1), (3.2), (3.3), (3.4), (3.5), (3.6). (4.1), (4.2), (4.3), (4.4), (4.5), (5), or (5.1) of this subsec tion, any county or municipality which has levied a tax pursuant to paragraph (3.1), (3.2), (3.3), (3.4), (3.5), (3.6). (4.1), (4.2), (4.3), (4.4), (4.5), (5), or (5.1) of this subsec tion shall be authorized to levy a tax in the manner and at the rate authorized by either paragraph (1), paragraph (3), or paragraph (4) of this subsection but shall not thereafter be authorized to again levy a tax under paragraph (3.1), (3.2), (3.3), (3.4), (3.5), (3.6), (4.1), (4.2), (4.3), (4.4), (4.5), (5), or (5.1) of this subsection."
SECTION 4. Said article is further amended by striking paragraphs (9) and (10) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in their places new paragraphs (9) and (10) to read as follows:

2436

JOURNAL OF THE HOUSE,

"(9)(A) A county or municipality imposing a tax under paragraph (1), (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.6). (4), (4.1), (4.2), (4.3), (4.4), (4.5), (5), or (5.1) of this subsection shall prior to the imposition of the tax (if the tax is imposed on or after July 1, 1990) and prior to each fiscal year thereafter in which the tax is imposed adopt a budget plan specifying how the expenditure requirements of this Code sec tion will be met. Prior to the adoption of such budget plan, the county or munici pality shall obtain from the authorized entity with which it proposes to contract to meet the expenditure requirements of this Code section a budget for expenditures to be made by such organization; and such budget shall be made a part of the county or municipal budget plan. (B) The determination as to whether a county or municipality has complied with the expenditure requirements of paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.6). (4), (4.1), (4.2), (4.3), (4.4), (4.5), (5), or (5.1) of this subsection shall be made for each fiscal year beginning on or after July 1, 1987, as of the end of each fiscal year, shall be prominently reflected in the audit required under Code Section 36-81-7, and shall be determined by: (i) calculating the amount of funds expended or contractually committed for expenditure as provided in paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.6). (4), (4.1), (4.2), (4.3), (4.4), (4.5), (5), or (5.1) of this subsection, whichever is applicable, during the fiscal year; and (ii) expressing such amount as a percentage of tax receipts under this Code section during such fiscal year. A county or municipality contractually expending funds to meet the expendi ture requirements of paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.6). (4), (4.1), (4.2), (4.3), (4.4), (4.5), (5), or (5.1) of this subsection shall require the contracting party to provide audit verification that the contracting party makes use of such funds in conformity with the requirements of this subsection. (10) Nothing in this article shall be construed to limit the power of a county or municipality to expend more than the required amounts, or all, of the total taxes col lected under this Code section for the purposes described in paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.6). (4), (4.1), (4.2), (4.3), (4.4), (4.5), (5), or (5.1) of this sub section."
SECTION 5. Said article is further amended by striking Code Section 48-13-53, relating to procedures, and inserting in its place a new Code Section 48-13-53 to read as follows:
"48-13-53.
The Except as otherwise specifically provided in Code Section 48-13-51, the rate of taxa tion, the manner of imposition, payment, and collection of the tax, and all other proce dures related to the tax shall be as provided by each county and municipality electing to exercise the powers conferred by this article."
SECTION 6. (a) There is created the Joint Hotel Motel Tax Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives and five members of the Senate to be appointed by the President of the Senate. The Speaker shall designate a member of the committee as cochairperson of the committee. The President of the Senate shall designate a member of the committee as cochairperson of the committee. The cochairpersons shall call all meetings of the com mittee. (b) The committee shall undertake a study of the need for a cap to be placed on sales taxes to be applied to hotel or motel rooms in any county or municipality which levies a hotel motel tax pursuant to paragraph (5) of subsection (a) of Code Section 48-13-51 of the O.C.G.A. and recommend any actions or legislation which the committee deems neces sary or appropriate. The committee may conduct such meetings at such places and at such tunes as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this section. The members of the committee shall receive the allowances authorized for legislative mem bers of interim legislative committees but shall receive the same for not more than five

THURSDAY, MARCH 19,1998

2437

days unless additional days are authorized. The funds necessary to carry out the provisions of this section shall come from the funds appropriated to the Senate and House of Repre sentatives. In the event the committee makes a report of its findings and recommenda tions, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1998. The committee shall stand abolished on December 1, 1998. (c) This section shall stand repealed in its entirety on December 1, 1998.
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.
Representative Polak of the 67th moved that the House adopt the report of the Com mittee of Conference on HB 609.
On the motion, the roll call was ordered and the vote was as follows:

Alto YAndenon YAihe
Bailey YBannfater YBarfoot Y Barnard YBarne. YB*tM YBenefield
Binbonc YBohannon Y Bordeaux Y Bradford YBreedlove
Yl Y Brown YBuek YBucbnt NBmm YBurkhalter YByrd YC.mpb.ll YCanty YCaah
Channel! YChilders Y Clark NCoan YCotaun,B
Cotaun,T Connell Y Cooper YCnwfard NCrm

YCulbreth Y Gumming. YD.yU,G N Davit, M YDay YDeLoach,B NDeLoch,G YDiz
Dixon YDobb. YDukM YEhrhert YEpp. YEvane YEverett YFelton YFloyd N Franklin Y Golden Y Grave.
Green* YGrindley YHuunontree
Henner Y Harbin Y Heard YHecht
Heckrtall YHeptrom YHenton Y Holland Y Holme. YHouaton Y Howard YHudgen. YHudwn, H

YHudwn, N YHugley Ylrvin NJadnon YJamea YJamieeon YJenlrin.
Johnaon Y Johnrton
Jonee N Joyce NKaye ELadd
Lakly YLane YLee NLewta YLord Y Lucas
Maddoz YMann Y Manning Y Martin, J Y Martin, J.L YMawey YMcBee YMcCall YMcClinton
McKinney NMilb YMobley YMoeley
Mueller YO'Neal YOrrock YParham

YParruh YParsom YPelote Y Perry YPinholater YPoag Y Polak Y Ponder Y Porter YPowell YPurcell YRaga. YRandall YHay
Reaves YReichert YRice Y Richardson Y Roberta Y Roger. Y Royal N Sanders Y Sander YScarlett
Scheid Y Scott
Shanahan YShaw YSherrill YShipp YSinu YSinkfield 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 NSnelling YSnow YStallingB Stancil, F Y Stand!, S Y Stanley, L Y Stanley,? Y Stephen. YTaylor Teague YTeper YThoma. YTUlman Titu* YTolbert YTrenw YTurnquest YTwiggs Y Walker, L N Walker, R.L YWataon YWeet Weatmoreland YWhitaker YWilea Y Williama, B N Williams, J YWilliama,R Worthan NYatee Murphy, Spkr

On the motion, the ayes were 134, nays 17. The motion prevailed.

The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

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.

2438

JOURNAL OF THE HOUSE,

The following Senate amendment was read:

Amend HB 1378 by striking lines 1 and 2 of page 1 and inserting in lieu thereof the fol lowing:

"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, so as to change the provisions relating to suspension or revocation of the license of a habitually negli gent or dangerous driver and the point system; to change certain provisions relating to points assessed for violation of child safety restraint requirements; to amend the provi sions relating to chemical tests, implied".

By deleting "instruments, so as" and inserting in its place "instruments;" on line 6 of page 1.

By inserting following line 35 of page 1 the following:

"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 subparagraph (c)(l)(A) of Code Section 40-5-57, relating to suspension or revocation of the license of a habitually negligent or dangerous driver and the point system, and inserting in lieu thereof the following:

*(c)(l)(A) Except as provided in subparagraph (C) of this paragraph, the points to
be assessed for each offense shall be as provided in the following sched ule:

Reckless driving.................................................................................................... 4 points

Unlawful passing of a school bus....................................................................... 6 points

Improper passing on a hill or a curve............................................................... 4 points

Exceeding the speed limit by more than 14 miles per hour but less than 19 miles per hour.................................................................................................. 2 points

Exceeding the speed limit by 19 miles per hour or more but less than 24 miles per hour.................................................................................................. 3 points

Exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour.................................................................................................. 4 points

Exceeding the speed limit by 34 miles per hour or more.............................. 6 points

Disobedience of any traffic-control device or traffic officer.......................... 3 points

Too fast for conditions........................................................................................ 0 points

Possessing an open container of an alcoholic beverage while driving......... 2 points

Failure to adequately secure a load, except fresh farm produce, resulting in loss of such load onto the roadway which results in an accident............ 2 points

Violation of child safety restraint requirements! first offense............ 6 points 1. point

Violation of child safety restraint requirements, second or subsequent offense.................................................................................................................... 2 points

All other moving traffic violations which are not speed limit violations....

3

points'".

By redesignating Sections 2, 3, and 4 as Sections 3, 4, and 5, respectively.

THURSDAY, MARCH 19, 1998

2439

By inserting "Said article is further amended by striking subsections (a), (b), and (b.l) of preceding "Code" on line 2 of page 2, by deleting "of the Official Code of Georgia Anno tated" from lines 2 and 3 of page 2, and by deleting "is amended by striking subsections (a), (b), and (b.l)" from lines 7 and 8 of page 2.

Representative Ehrhart of the 36th moved that the House disagree to the Senate amendment to HB 1378.
The motion prevailed.

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.

The following Senate substitute was read:

A BILL
To amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to provide that it shall be unlawful for any nonlocal business to cause to be listed in any nonclassified advertising local telephone directory a local telephone number for the business if calls to the number are routinely forwarded or otherwise transferred to the nonlocal business location that is outside the calling area covered by such local tele phone directory and the listing fails to state clearly the principal place of business of the nonlocal business; to define a certain term; to make unlawful certain practices relating to telemarketing transactions; to provide for civil and criminal penalties, including penalties for a felony offense; to provide for vicarious liability under certain circumstances; to define certain terms; to make unlawful certain telemarketing practices relating to the sale of secu rities and the solicitation of charitable contributions; to amend Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to criminal penalties for violating Code Sections 16-8-2 through 16-8-9 regarding theft, so as to provide for criminal penalties for certain offenses; to provide for related matters; to provide for an effective date and appli cability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended in Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions, by striking paragraph (4) of subsection (b) of said Code section and inserting in its place the following:
"(4)^AJ Using deceptive representations or designations of geographic origin in con nection with goods or services. Without limiting the generality of the foregoing, it is specifically declared to be unlawful:
(i) For (or any nonlocal business to publish in any local telephone classified advertising directory any advertisement containing a local telephone number for the business unless the advertisement clearly states the nonlocal location of the businessrj or (ii) For any nonlocal business to cause to be listed in any nonclassified advertis ing local telephone directory a local telephone number for the business if calls to the number are routinely forwarded or otherwise transferred to the nonlocal busi ness location that is outside the calling area covered by such local telephone direc tory and the listing fails to state clearly the principal place of business of the nonlocal business.

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(B) For purposes of this paragraph, the term: {A)(i) 'Local' or 'local area' refers to the area in which any particular telephone classified advertising directory is distributed free of charge to some or all tele phone service subscribers. {B)(ii) 'Local telephone classified advertising directory' refers to any telephone classified advertising directory which is distributed free of charge to some or all telephone subscribers in any area of the state and includes such directories dis tributed by telephone service companies as well as such directories distributed by other parties. {}(iii) 'Local telephone number' refers to any telephone number which is not clearly identifiable as a long-distance telephone number and which has a threenumber prefix typically used by the local telephone service company for tele phones physically located within the local area. (iv) 'Nonclassified advertising local telephone directory' refers to any telephone directory which is distributed free of charge to some or all telephone subscribers in any area of the state and which does not contain classified advertising and includes such directories distributed by telephone service companies as well as such directories distributed by other parties. {B)(v) 'Nonlocal business' refers to any business which does not have within the local area a physical place of business providing the goods or services which are the subject of the advertisement or listing in question;".
SECTION 2. Said title is further amended in Part 2 of Article 15 of Chapter 1, the "Fair Business Prac tices Act of 1975," by adding a new Code section, to be designated as Code Section 10-1-393.6, to read as follows:
"10-1-393.6.
(a) For purposes of this Code section, the term 'telemarketing' shall have the same meaning which it has under Code Section 10-1-393.5. (b) Without otherwise limiting the definition of unfair or deceptive acts or practices under this part and without limiting any other Code section under this part, it shall be unlawful for any person to:
(1) In connection with a telemarketing transaction, request a fee in advance to remove derogatory information from or improve a person's credit history or credit record; (2) Request or receive payment in advance from a person to recover, or otherwise aid in the return of, money or any other item lost by the consumer in a prior telemarketing transaction; provided, however, that this paragraph shall not apply to goods or services provided to a person by a licensed attorney; or (3) In connection with a telemarketing transaction, procure the services of any profes sional delivery, courier, or other pickup service to obtain immediate receipt or posses sion of a consumer's payment, unless the goods are delivered with the opportunity to inspect before any payment is collected. (c) In addition to any civil penalties under this part, any person who intentionally vio lates subsection (b) of this Code section shall be subject to a criminal penalty under par agraph (4) of subsection (a) of Code Section 16-8-12. In addition thereto, if the violator is a corporation, each of its officers and directors may be subjected to a like penalty; if the violator is a sole proprietorship, the owner thereof may be subjected to a like pen alty; and, if the violator is a partnership, each of the partners may be subjected to a like penalty, provided that no person shall be subjected to a like penalty if the person did not have prior actual knowledge of the acts violating subsection (b) of this Code sec tion."
SECTION 3. Said title is further amended in Chapter 5B, relating to deceptive, fraudulent, or abusive telemarketing, by striking in its entirety Code Section 10-5B-2, relating to definitions, and inserting in lieu thereof a new Code Section 10-5B-2 to read as follows:
"10-5B-2.

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(a) As used in this chapter, the term: (1) 'Charitable contribution' means the promise or grant of any money or property of any kind or value to be used for any charitable purpose, as that term js defined m Code Section 43-17-2. 41)12} 'Control,' 'controlling,' 'controlled by,' or 'under common control with' means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securi ties, by contract, or otherwise. 43)13} 'Executive officer' means the chief executive officer, the president, the principal financial officer, the principal operating officer, each vice president with responsibility involving policy-making functions for a significant aspect of a person's business, the secretary, the treasurer, or any other person performing similar functions with respect to any organization, whether incorporated or unincorporated. {3)14} 'Person' means an individual, a corporation, a partnership, a limited liability company, an association, a joint-stock company, a trust, or any unincorporated organi zation. 44)15} 'Secretary of State' means the Secretary of State of the State of Georgia. 46)16} 'Telephone soliciting business' means a sole proprietorship, partnership, limited liability company, corporation, or other association of individuals engaged in a com mon effort to solicit sales regulated under this chapter. 46)07} 'Telephone solicitor' or 'solicitor' means a person, partnership, limited liability company, corporation, or other entity that makes or places telephone calls for the pur pose of selling or solicitation of sales as defined in paragraph {7} (8) of this subsection over the telephone, whether the call originates in the State of Georgia or is received in the State of Georgia. {7)18} 'Telephonic sale,' 'sell telephonically,' 'telephonic selling,' 'telephonic offer for sale,' or 'telephonic solicitation of sale/ and 'telemarketing' means a sale or solicitation of goods or services! a sale or offer to sell a security as defined in paragraph (26) of subsection (a) of Code Section 10-5-2, or a solicitation of a charitable contribution, in which: (A) The seller solicits the sale or charitable sale or contribution over the telephone; (B) The purchaser's agreement to purchase or contribute is made over the tele phone; and (C) In the case of a sale of goods or services only, the The purchaser, over the tele phone, pays for or agrees to commit to payment for goods or services prior to or upon receipt by the purchaser of the goods and services.
(b) The rules of statutory construction contained in Chapter 3 of Title 1 shall apply to the interpretation of this chapter."
SECTION 4. Said title is further amended in Chapter 5B, relating to deceptive, fraudulent, or abusive telemarketing, by striking in its entirety Code Section 10-5B-4, relating to required and prohibited telephone conduct and activities, and inserting in lieu thereof a new Code Sec tion 10-5B-4, to read as follows:
"10-5B-4.
(a) It shall be unlawful for any person who is jurisdictionally subject to the provisions of Chapter 5 of this title, the 'Georgia Securities Act of 1973'; the provisions of Chapter 5A of this title, relating to commodities and commodity contracts and options; the provi sions of Chapter 14 of Title 43, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors; or the provisions of Chapter 17 of Title 43, the 'Georgia Charitable Solicitations Act of 1988,' and who makes any telephonic offer to sell or telephonic sale in this state:
(1) To fail to identify the business initiating the call; (2) To violate any rule, regulation, or order promulgated or issued by the Secretary of State under this chapter; (3) In connection with a telephonic sale, selling telephonically, or telephonic solicita tion of sale in or from this state, to employ a device, scheme, or artifice to defraud;

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(4) In connection with a telephonic sale, selling telephonically, or telephonic solicita tion of sale in or from this state, to engage in an act, practice, or course of business that operates or would operate as a fraud or deceit upon a person; * (5) Knowingly to cause to be made, in any document filed with the Secretary of State 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?] or (6) In connection with a telephonic solicitation of a monetary charitable contribution, to use the services of any person as a courier or otherwise to obtain personally receipt or possession of a monetary contribution from a residence. (b) Every person who directly or indirectly controls a person culpable under subsection (a) of this Code section, every general partner, executive officer, or director of such per son culpable under subsection (a) of this Code section, every person occupying a similar status or performing similar functions, and every telephone soliciting business or tele phone solicitor who participates in any material way in the sale or solicitation of sale is culpable to the same extent as the person whose culpability arises under subsection (a) of this Code section unless the person whose culpability arises under this subsection sustains the burden of proof that he or she did not know and, in the exercise of reason able care, could not have known of the existence of the facts by reason of which culpa bility is alleged to exist."
SECTION 5. Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to criminal penal ties for violating Code Sections 16-8-2 through 16-8-9 regarding theft, is amended by strik ing in its entirety paragraph (4) of subsection (a) and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) (A) The provisions of paragraph (1) of this subsection notwithstanding, if the property which was the subject of the theft was a motor vehicle or was a motor vehicle part or component which exceeded $100.00 in value or if the theft or unlaw ful activity was committed in violation of subsection (b) of Code Section 10-1-393.5 or in violation of subsection (b) of Code Section 10-1-393.6 or while engaged in telemarketing conduct in violation of Chapter 5B of Title 10, by imprisonment for not less than one nor more than ten years or, in the discretion of the trial judge, as for a misdemeanor; provided, however, that any person who is convicted of a sec ond or subsequent offense under this paragraph shall be punished by imprisonment for not less than one year nor more than 20 years. (B) Subsequent offenses committed under this paragraph, including those which may have been committed after prior felony convictions unrelated to this paragraph, shall be punished as provided in Code Section 17-10-7; or"
SECTION 6. This Act shall become effective on July 1, 1998, and shall apply to acts and offenses com mitted on or after said date.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

Representative Polak of the 67th moved that the House agree to the Senate substitute to HB 1420.
On the motion, the roll call was ordered and the vote was as follows:

Alien
YAndereon Y Ashe
Y Bailey Y Bannister Y Barfoot Y Barnard
Barnes

Y Bates
Y Benefield Birdsong
Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges

Y Brooks
Y Brown Y Buck
Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell

Y Canty
Y Cash Channell
Y Childera Y Clark Y Coan Y Coleman, B
Coleman, T

Y Connell
Y Cooper Y Crawford
Y Crews Y Culbreth Y Cummings Y Davis, G
Davis, M

THURSDAY, MARCH 19, 1998

YDay Y DeLoach, B Y DeLoach, G YDii YDixon YDobbs Y Dukes
Ehrhart
YEpps Y Evans Y Everett Y Felton Y Floyd YFranklin
Y Golden Y Graves
Greene Y Grindley Y Hammontree
Manner Y Harbin Y Heard YHecht Y Heckstall Y Hegstrom
Henson 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 ELadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning
Y Martin, J Martin, J.L

Y Massey Y McBee YMcCall Y McClinton
McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal Y Orrock
Parham YParrish Y Parsons Y Pelote Y Perry
Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas YRandall YEay
Reaves
Y Reichert

YRice Y Richardson Y Roberts Y Rogers Y Royal
Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C
Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling
Snow Y Stallings

On the motion, the ayes were 155, nays 0. The motion prevailed.

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Y Stancil, F 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 Y Watson YWest Y Westmoreland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan 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 Senate substitute was read:

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. (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.

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(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. 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 'invest ment adviser' other than a certified public accountant. The term 'investment adviser' does not include a person who is excluded from the definition 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 indi rectly, 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 pur chase or sale of specific securities, and does not have custody of client funds or securi ties for investment purposes. A person shall not be considered an investment advisor solely as a result of using a nationally recognized designation such as Certified Finan cial Planner, Chartered Financial Consultant, Personal Financial Specialist, or a simi lar designation as determined by the office of Secretary of State. Unless they heW themselves 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 tena 'investment adviser' atee dees et include the following unless they ate required te be registered as a investment adviser pursuant te the Investment Advisers Act of 1040, as amended; or ftries; regulations, er interpretations thereunder; a- bank? a bank holding company as defined i the Bank Holding Company Act of 1066, which is net cm investment comptmyt ft Sflvm^fs institution} ft credit union* f ft trust compflny &r any employees of saeh entities.
(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) 'Salesman' 'Salesperson' means on 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 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

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2445

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 in 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 salcoman 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 advisers2 federal covered advisers, or investment adviser representatives shall not apply to:
(1) Any investment adviserj 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 ifi six
investment advisor e* investment adviser representative ef acts as an investment adviser te ay investment company registered ndr the Investment Company Act ef-
(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; (6) A list of any other states in which the applicant is registered as a securities bro ker, dealer, or aolcamon salesperson and, if registration of the applicant as a securities broker, dealer, or salesman salesperson has ever been denied, revoked, suspended, or

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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
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

THURSDAY, MARCH 19, 1998

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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 salesman 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 {# 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.
No dealer, limited dealer, or issuer shall employ any salesman salesperson or limited
Bolcamon 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 salesman salesperson or limited aolcomon salesperson; and the registra
tion of such salesman salesperson or limited salesman salesperson shall automatically be

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terminated from the time of termination of such employment. Any license, certificate, or other evidence of such registration which such salesman salesperson or limited solesman salesperson has been issued shall immediately be returned to the commissioner. The procedure relative to the registration of a salcoman salesperson as provided in this subsection shall likewise apply to the registration of a limited salcoman 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 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;

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(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> {hj 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 #} {& 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 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

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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, by 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 4) ill 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. {h)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 salesman'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.'
4h){|lExpiration 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 salesmen salespersons, investment advisers, and investment adviser representatives must be

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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. {j)j}Fees. The fee for the initial registration of a dealer, limited dealer, or investment
adviser2 or the initial notice filing by a federal covered adviser, shall be $250.00. The annual renewal fee for a dealer, limited dealer, ef 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. <j>{k]lBonds.
(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 salesmen 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
cause of action. The amounts above-prescribed for the bonds required of salesmen 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:

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(i) Such applicant has filed with the commiasieaef written proof of- membership the Securities Investor Protection Corporation and a written undertaking te comply continuously with aH applicable provisions ef- the Securities Investor Pro tection Aet ef 1070, U.8.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 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

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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 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 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. {fc){l}Records. (1) Every dealer, limited dealer, salesman salesperson, or limited salesman 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

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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. {t)(m)Amendment of dealers', limited dealers', or investment advisers' registrations. (1) The registration of a dealer, limited dealer, or investment adviser shall ay; at the registrant's option, 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:
41) (A) A fee for such amendments, which fee shall not exceed the fee provided for renewal of such registrations; and
(8MB) A fee of $1.00 for each anlonmon'o 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 time a copy of such amendment with the commissioner.
{Ba)(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^pjDissemination 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, aalcomcn salespersons, and limited salesmen salespersons, the commissioner shall make available to any person so requesting information concerning whether a dealer, limited dealer, salesman salesperson, or limited salesman salesperson is or indicates that he or she is a designated dealer or designated salesman 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 salesmen salespersons.
{e}(p) Within 30 days after any dealer, limited dealer, salesman salesperson, or limited salesman salesperson becomes a designated dealer or designated salesman salesperson,

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said dealer, limited dealer, salesman salesperson, or limited salesman 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.
{p)lgj(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; er (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 by 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 OTj 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 of 14 months commencing upon the later of the date the notice or registration statement, as applicable, is received by 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. (B) A notice filing may be amended as provided by the commissioner by rule or regulation. (C) A notice filing may be terminated by an issuer upon providing notice to the commissioner. (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 and a con sent to service of process. (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.

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(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 of 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 Promissopy notes mftturin m not move tnfln nine montfis ifom o,fltc of i39UGmcc, proviQ.Cd wist sflid securities tr& not OIICPCQ to? sole Dy meftfts of fluvcr11scments puDiiciy ciisTM ocminatcd the ews media ef through the
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 sweh 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 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

THURSDAY, MARCH 19, 1998

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signed and sealed by him or her and which shall state the compliance or noncompliance 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:
(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;

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(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 either a certified public accountant^ t 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:
4l)(A) To employ any device, scheme, or artifice to defraud;
{8MB) To engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit? et. {3)(2) It shall be unlawful for any investment adviser, federal covered adviser, or
investment adviser representative in the course of business to ^ 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:
"(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:

THURSDAY, MARCH 19, 1998

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(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, aoloaman 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, salesmaa salesperson, limited salesman 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
(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:

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(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! r 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.
Representative Polak of the 67th moved that the House agree to the Senate substitute to HB 1372.
On the motion, the roll call was ordered and the vote was as follows:

Alien Y Andereon Y Ashe
Bailey Y Bannister YBarfoot Y Barnard
Barnes Y Bates
Benefield YBirdsong Y Bohannon Y Bordeaux
Bradford Y Breedlove
Y Bridges Y Brooks Y Brown YBuck Y Buckner
Bonn Y Burkhalter YByrd Y Campbell Y Canty YCash
Channel! Y Childere Y Clark
Coan 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
Dix YDixon YDobbs YDukea
Ehrhart YEpps
Evans YEverett Y Felton Y Floyd Y Franklin Y Golden Y Graves
Greene Y Grindley Y Hammontree
Hanner 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 Jenkina
Johnson Y Johnston
Y Joyce YKaye ELadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann
Y Manning
Y Martin, J Martin, J.L
YMassey YMcBee
McCall Y McClinton
McKinney Y Mills Y Mobley YMosley Y Mueller Y O'Neal YOrrock
Parham

Y Parrish Y Parsons Y Pelote Y Perry
Pinholster YPoag Y Polak Y Ponder
Porter Y Powell Y Purcell YRagas YRandall YRay
Reaves Y Reichert YRice Y Richardson Y Roberts
Y Rogers Y Royal
Sanders Y Sauder Y Scarlett Y Scheid
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
Smyre Y Snelling YSnow YStallings Y Stancil, F
Stancil, S Y Stanley, L Y Stanley, P
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
YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan
Yates Murphy, Spkr

THURSDAY, MARCH 19, 1998

2461

On the motion, the ayes were 146, nays 0. The motion prevailed.

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 Senate 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, lawfully install in a prudent and workmanlike manner 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 when the air bag has been disconnected, turned off, or otherwise 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.

Representative Wiles of the 34th moved that the House agree to the Senate substitute to HB 978.
On the motion, the roll call was ordered and the vote was as follows:

Alien YAndereon YAshe
Y Bailey Bannister
YBarfoot Y Barnard
Y Barnes Y Bates Y Benefield YBirdsong YBohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks

Y Brown Y Buck YBuckner
Y Bunn Burkhalter
YByrd Y Campbell
Y Canty Y Cash
Channel! Y Childere Y Clark
Coan Y Coleman, B
Coleman, T Y Connell
Cooper

Y Crawford Y Crews Y Culbreth
Y Cummings Y Davis, G Y Davis, M Y Day
Y DeLoach, B DeLoach, G
Y Dix Y Diion Y Dobbs Y Dukes Y Ehrhart Y Epps
Evans Y Everett

Y Felton Y Floyd Y Franklin
Y Golden Y Graves Y Greene Y Grindley
Hammontree Y Hanner Y Harbin Y Heard Y Hecht Y HeckstaU Y Hegstrom Y Henson Y Holland Y Holmes

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 Y Joyce Y Kaye E Ladd

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JOURNAL OF THE HOUSE,

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
McKinney Y Mills Y Mobley Y Mosley

Y Mueller YO'Neal
YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster
YPoag YPolak Y Ponder Y Porter Y Powell YPurceU YRagas
Randall
YRay Y Reaves

Y Reichert YRice Y Richardson
Roberta Y Rogers Y Royal
Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott
Shtui&luin YShaw YSherrill
YShipp YSims Y Suikfield 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
Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas

YTillman Y Titus YTolbert YTrense Y Turnquest
Y Walker, L Y Walker, R.L Y Watson YWest
Westmoreland Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan YYates Murphy, Spkr

On the motion, the ayes were 155, nays 0. The motion prevailed.

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 Senate amendment was read:

Amend HB 1373 on page 2, line 24, striking the word "Georgia".

Representative Irvin of the 45th moved that the House agree to the Senate amend ment to HB 1373.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Anderson
Y Ashe Y Bailey
Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong
Bohannon
Y Bordeaux Y Bradford Y Breedlove Y Bridges N Brooks Y Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell
Canty YCash
Channell N Childers Y Clark YCoan

Y Coleman, B Coleman, T
Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G
Dix YDixon
YDobbs Y Dukes Y Ehrhart YEpps
Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves YGreene Y Grindley
Hammontree Y Hanner

Y Harbin Y Heard YHecht
Heckstall Y Hegstrom YHenson Y Holland N Holmes Y Houston Y Howard Y Hudgens
Hudson, H Y Hudson, N N Hugley Y Irvin Y Jackson
Y James Y Jamieson Y Jenkins
Johnson
Y Johnston Y Jones Y Joyce YKaye ELadd YLakly YLane YLee Y Lewis YLord

Lucas Y Maddoi YMann Y Manning
Y Martin, J Y Martin, J.L YMassey YMcBee
McCall McClinton
Y McKinney Y Mills
Mobley Y Mosley Y Mueller YO'Neal YOrrock YParham YParrish Y Parsons Y Pelote
Perry Y Pinholster YPoag YPolak
Ponder Y Porter
Powell Y Purcell YRagas

Randall YRay Y Reaves Y Reichert YRice Y Richardson
Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott 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 Snelling

THURSDAY, MARCH 19, 1998

2463

YSnow Y Stalling!
Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P

Stephens N Taylor YTeague Y Teper Y Thomas Y Tfflman

Y Titus Y Tolbert Y Trense
Tumquest Y Twiggs
Walker, L

Y Walker, R.L N 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 motion, the ayes were 144, nays 6. The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

SB 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.

Representative Skipper of 137th moved that the House insist on its position in substi tuting SB 510.
The motion prevailed.

The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

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 Senate 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 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:

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"(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 65 years of age or older: No charge. (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 or obtain a lifetime sportsman's license by fraudulent means shall be guilty of a misdemeanor. Upon conviction, in addi tion 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 other than a Type 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. No replacement fee shall be charged for replacement of a Type S license. 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:
"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 ay fee whatoocvcf fees described in Code Section 27-2-23, to each resident;

(2) Who who 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

THURSDAY, MARCH 19, 1998

2465

by the United States Department of Veteran Affairs, the Social Security Administra tion, 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 holdir j 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 licensas 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 beard commissioner is authorized to make and enter into agreements from time to timez 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 where such practice is reciprocated for Georgia residents in that person's state of residence. (f) Persons holding lifetime honorary licenses issued to persons 65 years of age or older prior to April lj 1999, shall not be required to obtain a lifetime license pursuant to Code Section 27-2-3.1, and such lifetime honorary license shall carry the same rights and priv ileges as a lifetime license issued pursuant to that Code section."
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 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

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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) No such habitat acquired with money from the fund shall be voluntarily trans ferred to the federal government or any international agency or organization. (5) 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 (6) 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.
Representative Lane of the 146th moved that the House agree to the Senate substi tute to HB 1640.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderaon Y Ashe Y Bailey
Y Bannister

Y Barfoot Y Barnard Y Barnes Y Bates
Benefield

Birdsong Y Bohannon Y Bordeaux Y Bradford
Y Breedlove

Y Bridges Y Brooks Y Brown Y Buck
Y Buckner

Y Bunn Y Burkhalter Y Byrd Y Campbell
Y Canty

THURSDAY, MARCH 19, 1998

2467

YCash Y Channel! Y Childen
Y Clark YCoan Y Coleman, B
Coleman, T YConnell
Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davi, G Y Davis, M YDay Y DeLoach, B YDeLoach,G
Oiz
YDiion YDobbe Y Dukes
Ehrhart
YEpps Y Evans
YKverett YFelton YFloyd Y 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 Y Jamieson Y Jenkins
Johnson Y Johnston Y Jones Y Joyce YKaye ELadd YLakly YLane

YLee Y Lewis YLord
Lucas Y Maddoi YMann
Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney Y Mills
Mobley YMosley
Y Mueller YO'Neal YOrrock
Parham YParrish
Y Parsons Y Pelote Y Perry
Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell

On the motion, the ayes were 159, nays 1. The motion prevailed.

Purcell YRagas YRandall YRay
Reaves Y Beichert YRice
Y Richardson Roberta
Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett
Scheid Y Scott
Shanahan NShaw 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 YTillman 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 YWorthan YYates
Murphy, Spkr

Due to a mechanical malfunction, the vote of Representative Purcell of the 147th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Shaw of the 176th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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 following Senate substitute was read:

A BILL
To amend Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to the procedure and penalties upon violation of Code Section 3-3-23, relating to furnishing alco holic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age, so as to provide for different and stronger penalties for a person convicted of knowingly acting as agent to purchase or acquire alcoholic beverages for or on behalf of a person under 21 years of age; to change the penalties for underage purchase or posses sion of alcohol for first and subsequent offenses; 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. Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to the procedure and penalties upon violation of Code Section 3-3-23, relating to furnishing alcoholic bever ages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age, is amended by striking subsection (b) in its entirety and inserting in lieu thereof the following:
"(b)(l) Any person convicted of violating any prohibition contained in subsection (a) of Code Section 3-3-23 shall, upon the first conviction, be guilty of a misdemeanor, except that any person convicted of violating paragraph (2) of subsection (a) of Code Section 3-3-23 shall, upon the first conviction, be guilty of a misdemeanor and shall be punished by not more than 36 days' six months' imprisonment or a fine of not more than $300.00, or both and except that any person convicted of violating para graph (4) of subsection (a) of Code Section 3-3-23 shall, upon the first conviction, be guilty of a misdemeanor of a high and aggravated nature. (2) Any person convicted of violating any prohibition contained in subsection (a) of Code Section 3-3-23 shall, upon the second or subsequent conviction, be guilty of a misdemeanor of a high and aggravated nature2 except that any person convicted of violating paragraph (2) of subsection (a) of Code Section 3-3-23 shall, upon the second or subsequent conviction, be guilty of a misdemeanor. (3) In addition to any other penalty provided for in paragraphs (1) and (2) of this subsection, the driver's license of any person convicted of attempting to purchase an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 3-3-23 upon the first conviction shall be suspended for six months and upon the sec ond or subsequent conviction shall be suspended for one year."
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 Epps of the 131st moved that the House agree to the Senate substitute to HB 908.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson YAshe Y Bailey
Y Bannister Y Barfoot
Y Barnard YBarnes Y Bates
YBenefield Birdsong
Y Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges N Brooks Y Brown YBuck
Buckner YBunn Y Burkhalter YByrd Y Campbell
Canty Y Cash Y Channell

Y Childere Y Clark YCoan Y Coleman, B
Coleman, T Y Connell
Y Cooper Y Crawford Y Crews
Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dii Y Diion YDobbs Y Dukes
Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd N Franklin

Y Golden Y Graves Y Greene Y Grindley
Y Hammontree Banner
Y Harbin Y Heard Y Hecht
Y Heckstall Y Hegstrom Y Henson Y Holland N Holmes Y Houston Y Howard Y Hudgens Y Hudson, H
Hudson, N Y Hugley Y Irvin Y Jackson Y James Y Jamieson Y Jenkins
Johnson Y Johnston

Jones N Joyce
Kaye E Ladd
N Lakly Y Lane
Y Lee Y Lewis Y Lord
Lucas N Maddox Y Mann
Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney Y Mills
Mobley Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham

Y Parrish Y Parsons Y Pelote Y Perry
Y Pinholster Y Poag
Y Polak Y Ponder Y Porter
Y Powell Y Purcell N Ragas Y Randall Y Ray Y Reaves Y Reichert Y Rice
Richardson Roberta Y Rogers Y Royal Sanders Y Sauder Y Scarlett Scheid Y Scott Shanahan

THURSDAY, MARCH 19, 1998

2469

Y Shaw YSherrill YShipp Y Sims 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 Y Smyre Y Snelling Y Snow Y Stallings Y Stancil, F

Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor Y Teague N Teper N Thomas Y Tillman

On the motion, the ayes were 147, nays 10. The motion prevailed.

Y Titus Y Tolbert Y Trense
Turnquest Y Twiggs
Walker, L Y Walker, R.L Y Watson Y West

Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Wimams, J Y Williams, R Y Worthan Y Yates
Murphy, Spkr

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 following Senate substitute was read:

A BILL
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and tax ation, so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provi sions of federal law into Georgia law; to provide that terms used in the Georgia law shall have the same meaning as when used in a comparable provision or context in federal law; to provide for other matters related to the foregoing; to extend a certain tax exemption for certain businesses in less developed counties; to increase the carry-forward period for tax credits for existing manufacturing and telecommunications facilities or support facili ties in tier 1, 2, and 3 counties; to provide for a carry-forward period for tax credits for certain retraining programs; 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; to provide for definitions and the terms, conditions, limitations, and procedures relating to such cred its; to provide for powers, duties, and authority of the state revenue commissioner, the Board of Natural Resources, and the Environmental Protection Division of the Depart ment of Natural Resources with respect to the foregoing; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking paragraph (14) of Code Section 48-1-2, relating to definitions of terms, and inserting in its place a new paragraph to read as follows:
"(14) 'Internal Revenue Code' or 'Internal Revenue Code of 1986' means the United States Internal Revenue Code of 1986 provided for in federal law enacted on or before January 1, 1007 1998. In the event a reference is made in this title to the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on a specific date prior to January 1, 1007 1998, the term means the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on the prior date. Unless otherwise pro vided in this title, any term used in this title shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1986."
SECTION 2. Said title is further amended by striking subsection (i) of Code Section 48-7-40, relating to tax credits for business enterprises in less developed counties, and inserting in lieu thereof the following:

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"(i) Notwithstanding any provision of this Code section to the contrary, in counties rec ognized and designated as tier i the first through fortieth least developed counties prior te January 1; 4994 in the tier 1 designation, job tax credits shall be allowed as provided in this Code section, in addition to business enterprises, to any business of any nature for jobs created from January 4; 1008, through December 34^ 1007."
SECTION 3. Said title is further amended by striking paragraph (2) of subsection (c) of Code Section 48-7-40.2, relating to tax credits for existing manufacturing and telecommunications facili ties or support facilities in tier 1 counties, and inserting in its place a new paragraph (2) to read as follows:
"(2) Any credit claimed under this Code section but not used in any taxable year may be carried forward for five ten years from the close of the taxable year in which the qualified investment property was acquired, provided that such qualified investment property remains in service. The credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. The sale, merger, acquisition, or bank ruptcy of any taxpayer shall not create new eligibility in any succeeding taxpayer, but any unused credit may be transferred and continued by any transferee of the tax payer;".
SECTION 4. Said title is further amended by striking paragraph (2) of subsection (c) of Code Section 48-7-40.3, relating to tax credits for existing manufacturing and telecommunications facili ties or support facilities in tier 2 counties, and inserting in its place a new paragraph (2) to read as follows:
"(2) Any credit claimed under this Code section but not used in any taxable year may be carried forward for five ten years from the close of the taxable year in which the qualified investment property was acquired, provided that such qualified investment property remains in service. The credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. The sale, merger, acquisition, or bank ruptcy of any taxpayer shall not create new eligibility in any succeeding taxpayer, but any unused credit may be transferred and continued by any transferee of the tax payer;".
SECTION 5. Said title is further amended by striking paragraph (2) of subsection (c) of Code Section 48-7-40.4, relating to tax credits for existing manufacturing and telecommunications facili ties or support facilities in tier 3 counties, and inserting in its place a new paragraph (2) to read as follows:
"(2) Any credit claimed under this Code section but not used in any taxable year may be carried forward for five ten years from the close of the taxable year in which the qualified investment property was acquired, provided that such qualified investment property remains in service. The credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. The sale, merger, acquisition, or bank ruptcy of any taxpayer shall not create new eligibility in any succeeding taxpayer, but any unused credit may be transferred and continued by any transferee of the tax payer;".
SECTION 6. Said title is further amended by striking subsection (c) of Code Section 48-7-40.5, relating to income tax credits for certain approved retraining programs, and inserting in its place a new subsection (c) to read as follows:

THURSDAY, MARCH 19, 1998

2471

"(c) Any tax credit claimed under this Code section for any taxable year beginning on or after January 1, 1998, but not used for any such taxable year may be carried forward for ten years from the close of the taxable year in which the tax credit was granted. The tax credit granted to any employer pursuant to this Code section shall not exceed 50 percent of the amount of the taxpayer's income tax liability for the taxable year as com puted without regard to this Code section."
SECTION 7. Said title is further amended by adding a new Code section immediately following Code Section 48-7-40.14, relating to calculation of new full-time jobs, to be designated Code Sec tion 48-7-40.15, to read as follows:
"48-7-40.15.
(a) As used in this Code section, the term: (1) 'Clean fuel' means methanol, ethanol, or other alcohols; any mixtures containing 85 percent or more by volume of methanol, ethanol, or other alcohols with gasoline or other fuels; reformulated gasoline or diesel; natural gas; liquefied petroleum gas (propane); hydrogen; electricity; and any other fuel used in a low-emission vehicle that complies with the standards and requirements applicable to such vehicle when using such fuel or power source. (2) 'Conventionally fueled vehicle' means a motor vehicle which is fueled solely by a petroleum based fuel such as gasoline or diesel. (3) 'Converted vehicle' means a motor vehicle that is retrofitted to use a clean fuel and meets the emission standards set forth for that class of low-emission vehicles as defined under rules and regulations of the Board of Natural Resources applicable to clean fueled fleets, as amended. (4) 'Covered area' means a geographic area designated by the United States Environ mental Protection Agency in the Code of Federal Regulations as an area which has not attained or maintained the National Ambient Air Quality Standard for ozone in accordance with the federal Clean Air Act, as amended, or any county adjacent to a covered area. (5) 'Fleet operator' means a person who operates a fleet of ten or more motor vehicles and that fleet is operated in a single covered area, even if the fleet motor vehicles are garaged outside a covered area. (6) 'Low-emission vehicle' means a motor vehicle which is capable of operating on clean fuel and meets emission standards as defined under rules and regulations of the Board of Natural Resources applicable to clean fueled fleets, as amended. (7) 'Motor vehicle' means any self-propelled vehicle designed for transporting persons or property on a street or highway that is registered by the Motor Vehicle Division of the Department of Revenue.
(b) A tax credit is allowed against the tax imposed under this article to a taxpayer for the purchase or lease of a new low-emission vehicle that is registered in a covered area. The amount of the credit shall be $1,500.00 per new low-emission vehicle. (c) A tax credit is allowed against the tax imposed under this article to a taxpayer for the conversion of a conventionally fueled vehicle to a converted vehicle that is registered in a covered area. The amount of the credit shall be equal to the cost of conversion, not to exceed $1,500.00 per converted vehicle. (d) The credits granted under this Code section shall be subject to the following condi tions and limitations:
(1) All claims for any credit provided by subsection (b) of this Code section shall be: (A) Accompanied by a certification issued by the automobile dealership where the new low-emission vehicle was purchased or leased; and (B) Made only by a taxpayer who is the ultimate purchaser or lessee of a new lowemission vehicle at retail;
(2) In order to qualify for a tax credit in a particular calendar year for the lease of a new low-emission vehicle under subsection (b) of this Code section, the lease must be in effect prior to or on the last day of the calendar year in which the credit is claimed;

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(3) All claims for any credit provided by subsection (c) of this Code section must be accompanied by a certification issued by the Environmental Protection Division of the Department of Natural Resources; (4) Motor vehicles subject to the requirements imposed upon fleet operators by the federal Clean Air Act, 42 U.S.C. Section 7401, et seq., as amended, and applicable fed eral regulations are not eligible for any tax credit under this Code section; (5) Any credit claimed under this Code section but not used in any taxable year may be carried forward for three years from the close of the taxable year in which a new low-emission vehicle was purchased or leased or a conventionally fueled vehicle was changed into a converted vehicle, provided that the applicable certification required in paragraph (1) or (3) of this subsection accompanies any such claim; and (6) In no event shall the amount of any tax credit provided in this Code section exceed the taxpayer's income tax liability. (e) The state revenue commissioner shall be authorized to adopt rules and regulations to provide for the administration of any tax credit provided by this Code section. (f) The Board of Natural Resources shall be authorized to adopt rules and regulations to provide for: (1) The specific standards and requirements for low-emission and converted vehicles which shall be consistent with the terms of this Code section; (2) An approved certification form which shall be issued by an automobile dealership which certifies the purchase or lease of a new low-emission vehicle that is qualified for a tax credit provided by this Code section; and (3) The certification of any converted vehicle that is qualified to claim a tax credit provided by this Code section."
SECTION 8. (a) This section and Section 9 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to taxable years beginning on or after January 1, 1998. Provisions of the Internal Revenue Code of 1986 which were as of January 1, 1998, enacted into law but not yet effective shall become effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes. (c) Sections 6 and 7 of 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. (d) Section 2 of this Act shall become effective on January 1, 1999. (e) Sections 3, 4, and 5 of this Act shall become effective on July 1,1998.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

Representative Jamieson of the 22nd moved that the House agree to the Senate sub stitute to HB 1596.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien YAndenon YAih*
Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield
Birdsong YBohannon Y Bordeaux

Y Bradford YBreedlove Y Bridges
Y Brooks Y Brown YBuck
Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Cash

Y Channel! Y Childers
Clark
Y Com 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 Dii
Y Dixon 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
Banner Y Harbin Y Heard
Hecht Y Heckstall Y Hegstrom

THURSDAY, MARCH 19, 1998

2473

YHenson Y Holland Y Holme. Y Houston Y Howard YHudgens Y Hudson, H YHudion, N YHugley
Irvin
Y Jackson Y James YJaminon
Jenkjm Johnson YJohmton Jones Y Joyce
YKaye ELadd YLakly YLane

Y Lewis YLord Y Lucas
YMaddox YMann Y Manning
Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton
McKinney YMffl* Y Mobley YMosley YMueller YO'Neal YOirock
YParham YParriah
Parsons Y Pelote

Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter YPoweU YPurcell YRagas YRandaU YRay Y Reaves Y Reichert YRice Y Richardson
Roberta Y Rogers Y Royal
Sanders YSauder YScarlett
Scheid Y Scott

On the motion, the ayes were 155, nays 0. The motion prevailed.

Shanahan YShaw YSherrffl YShipp 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 YStallings YStanciLF Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens

Y Taylor YTeague YTeper Y Thomas Y Tillman Y Titus YTolbert YTrense
Turnquest
Y Walker, L Y Walker, R.L Y Watson YWest
Westmoreland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan YYates
Murphy, Spin-

HB 408. By Representative Barnes of the 33rd:
A bill to amend Chapter 5 of Title 19 of the Official Code of Georgia Anno tated, relating to divorce, so as to provide that when a court awards real property or an interest in real property located in this state in any judgment or decree issued pursuant to said chapter, within 30 days after granting the order, the court shall cause a certificate for the order to be filed with the clerk of the superior court in the county of this state where the real property or any part of the real property is located.

The following Senate amendments were read:

Senate Amendment No. 1

Amend HB 408 by striking in its entirety line 16 of page 2 and inserting in lieu thereof the following:
"(4) Contain a certification by the party or parties or their counsel, as designated by the court, that the".

Senate Amendment No. 2

Amend HB 408 by inserting after the word "as" on line 2 of page 1 the following:
"to provide that no final judgment and decree of divorce shall be granted for a period of six months following the date of the filing of the petition in any case in which the parties are the parents of a minor child;".
By adding between lines 24 and 25 of page 1 the following:
"following Code Section 19-5-8, a new Code Section 19-5-8.1 to read as follows:
'19-5-8.1.
No final judgment and decree of divorce shall be granted for a period of six months fol lowing the date of the filing of the petition in any case in which the parties are the par ents of a minor child.'

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JOURNAL OF THE HOUSE,

SECTION 2. Said chapter is further amended by adding,".
By redesignating Sections 2 and 3 as Sections 3 and 4, respectively.

Representative Barnes of the 33rd moved that the House disagree to the Senate amendments to HB 408.
The motion prevailed.

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 firelighters, emergency medical technicians, and public safety officers, so as to add provisions relating to hepatitis C. pro tection.

The following Senate amendment was read:

Amend HB 1410 by inserting "amend Chapter 33 of Title 31 of the Official Code of Geor gia Annotated, relating to health records, so as to require governmental entities to furnish certain evaluations or reports regarding their law enforcement officers to those law enforcement officers or health care providers designated by such law enforcement officers; to provide for immunity from liability; to preserve certain rights and obligations; to" fol lowing "To" on line 1 of page 1.
By redesignating Sections 1 through 4 as Sections 2 through 5, respectively, and by insert ing between lines 8 and 9 of page 1 the following:
"SECTION 1. Chapter 33 of Title 31 of the Official Code of Georgia Annotated, relating to health records, is amended by adding at the end a new Code section to read as follows:
'31-33-7.
(a) Notwithstanding the provisions of Code Section 31-33-4, if a law enforcement officer employed by a governmental entity is required to submit to a psychological or psychiat ric examination for the purpose of assessing the law enforcement officer's fitness for duty, employment status, or assignment of duties, then, upon the written request of the law enforcement officer, the employer shall furnish to the law enforcement officer a complete copy of the evaluation or report.
(b) Any employer or health care provider furnishing or making a report or evaluation in good faith pursuant to the provisions of this Code section shall not be civilly or crimi nally liable to the law enforcement officer or any other person for furnishing or making such report or evaluation.'".

The following amendment was read and adopted:

Representative Barnes of the 33rd moves to amend the Senate amendment to HB 1410 as follows:
Add new section (c)
If an employer reasonably determines that disclosure of the evaluation or report to the law enforcement officer will be deterimental to the mental health of the law enforcement officer, would present a risk of harm to other persons, would involve the disclosure of confidential information or would violate the privacy of a third party, then the employer may refuse to furnish the record of evaluation provided; however, that upon such refusal

THURSDAY, MARCH 19,1998

2475

the evaluation or report shall, upon written request by the law enforcement officer, be furnished by the employer to a psychiatrist or psychologist treating the law enforcement officer.
Representative Barnes of the 33rd moved that the House agree to the Senate amend ment, as amended by the House, to HB 1410.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien
YAndenon YAshe Y Bailey Y Bannister
Barfoot Y Barnard Y Barnes
Bates YBenefield YBirdBong
NBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks
N Brown YBuck
Buckner YBunn YBurkhalter YByrd Y Campbell
Y Canty Y Cash
Channel! YChilden Y Clark NCoan
YColeman, B YColeman, T YConneU Y Cooper Y Crawford
Crews

YCulbreth Y CununingB Y Davis, G Y Davis, M
YDay YDeLoach, B
DeLoach, G
Dix YDilon
YDobbe Y Dukes YEhrhart YEpps
Evans YEverett YFelton YFloyd N Franklin
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 Y Hugley
Irvin Y Jackson
Y James Jamieson
Y Jenkins Johnson
Y Johnston
Y Jones Y Joyce NKaye ELadd YLakly YLane YLee Y Lewis YLord
Lucas Maddox
YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCaU Y McClinton
McKinney Mills Y Mobley
Y Mosley Y Mueller YO'Neal YOrrock YParham

YParriah Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder
Porter Y Powell YPurcell YRagas YRandall YRay Y Reaves Y Reichert NRice
Richardson Roberts Y Rogers Royal N Sanders Y Sauder YScarlett Scheid Y Scott
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 N Smith, V YSmyre Y Smiling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens YTaylor
Teague YTeper Y Thomas YTUIman Y Titus Y Tolbert YTrense
Tumquest YTwiggs Y Walker, L N Walker, R.L Y Watson YWest
Westmoreland YWhitaker Y Wiles Y Williams, B N Williams, J Y Williams, R Y Worthan NYates
Murphy, Spkr

On the motion, the ayes were 142, nays 11. The motion prevailed.

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 Senate amendment was read:

Amend HB 1499 by inserting on line 5 of page 1 immediately following the word and sym bol "officers," the following:
"scientists employed by the Division of Forensic Sciences of the Georgia Bureau of Investi gation,".
By inserting on line 30 of page 4, immediately following the word and symbol "judges," the following:

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JOURNAL OF THE HOUSE,

"scientists employed by. the Division of Forensic Sciences of the Georgia Bureau of Investigation,".

Representative Barnes of the 33rd moved that the House agree to the Senate amend ment to HB 1499.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien YAndenon YAahe Y Bailey Y Bannister YBarfoot Y Barnard YBaraes
Bates YBenefield
Birdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck
Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty YCash YChannell YChilders Y Clark YCoan YColeman, B YColeman, T Y Cornell Y Cooper Y Crawford Y Crews

Y Culbreth Y Cumminn YDavis, G YDavis, M YDay YDeLoach.B YDeLoach, G YDix YDizon
Dobbs Y Dukes YEhrhart YEppe
Evans YEverett YFelton YFloyd Y Franklin Y Golden Y Graves YGnene 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 ELadd YLakly YLane YLee Y Lewis YLord
Lucas YMaddoz Y Mann Y Manning
Y Martin, J Y Martin, J.L YMassey YMcBee YMcCaU Y McClinton YMcKinney Y Mills Y Mobley YMosley YMueller YO'Neal YOrrock YParham

YParrish Y Parsons YPelote Y Perry YPinholster YPoag YPolak Y Ponder
Porter YPowell YPurcell
YRagas Randall
Ray Y Reaves YReichert YRice
Richardson
Roberts Y Rogers
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 Y Smith, V YSmyn Y Snelling YSnow YStallings YStancil, F YStancil, S Y Stanley, L Y Stanley, P Y Stephens YTaylor
Teague YTeper Y Thomas YTilbnan Y Titus YTolbsrt YTrense YTurnquest
Y Walker, L Y Walker, RX Y Watson YWest Y Westmorland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

On the motion, the ayes were 162, nays 0. The motion prevailed.

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.

The following Senate substitute was read:

A BILL
To amend Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Anno tated, relating to powers of housing authorities generally, so as to provide that loans made by an authority to an entity with which the authority has entered into a private enterprise agreement shall not be deemed usurious; to authorize housing authorities to prohibit cer tain nonresidents reasonably suspected of a criminal act on the premises of a housing

THURSDAY, MARCH 19,1998

2477

project from entering, loitering, or remaining upon the common areas of such project; to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemp tions from state sales and use tax, so as to provide for an exemption with respect to sales to housing authorities; to provide for conditions and limitations; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relat ing to powers of housing authorities generally, is amended by by inserting in Code Section 8-3-30, relating to general powers of housing authorities, a new subsection to be designated subsection (c) to read as follows:
"(c) No loan made by an authority to an entity with which the authority has entered into a private enterprise agreement shall be deemed usurious as long as such loan com plies with applicable federal law."
SECTION 2. Said part is further amended by adding at the end thereof a new Code Section 8-3-36 to read as follows:
"8-3-36. Any housing authority created pursuant to this article, acting through its director or his or her designee, is authorized to prohibit, without breaching the peace, any person who is reasonably suspected of committing a criminal act on the premises of a housing project and who is not a resident of said project from entering, loitering, or remaining upon the common areas of such project."
SECTION 3. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, is amended by adding a new paragraph immediately following paragraph (6), to be designated paragraph (6.1), to read as follows:
"(6.1) Sales to any housing authority created by Article 1 of Chapter 3 of Title 8, the 'Housing Authorities Law';"
SECTION 4. Sections 1 and 2 of this Act shall become effective July 1, 1998. Section 3 of this Act shall become effective January 1, 1999.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The Speaker has ruled the Senate substitute not germane, therefore the House has disagreed to the Senate substitute.

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 following Senate substitute was read:

A BILL
To amend Code Section 51-1-29.1 of the Official Code of Georgia Annotated, 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 and physical

2478

JOURNAL OF THE HOUSE,

therapists who provide voluntary health care services; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 51-1-29.1 of the Official Code of Georgia Annotated, relating to liability of voluntary health care providers and sponsoring organizations, is amended by striking sub section (a) of said Code section and inserting in its place the following:
"(a) Without waiving or affecting and cumulative of any existing immunity from any source, unless it is established that injuries or death were caused by gross negligence or willful or wanton misconduct:
(1) No health care provider licensed under Chapter 9, 11, 26, 30, 33. or 34 of Title 43 who voluntarily and without the expectation or receipt of compensation provides professional services, within the scope of such health care provider's licensure, for and at the request of a hospital, public school, nonprofit organization, or an agency of the state or one of its political subdivisions or provides such professional services to a per son at the request of such an organization, which organization does not expect or receive compensation with respect to such services from the recipient of such services. Nothing in this Code section shall be construed to change the scope of practice of any health care provider granted immunity herein; or (2) No licensed hospital, public school, or nonprofit organization which requests, spon sors, or participates in the providing of the services under the circumstances provided in paragraph (1) of this subsection shall be liable for damages or injuries alleged to have been sustained by the person nor for damages for the injury or death of the person when the injuries or death are alleged to have occurred by reason of an act or omission in the rendering of such services."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Barnes of the 33rd moved that the House agree to the Senate substi tute to HB 1641.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Andenon YAshe YBaUey Y Bannister YBarfoot Y Barnard YBames Y Bates YBenefield YBirdsong YBohannon
Y Bordeaux Y Bradford
YBreedlove Y Bridges Y Brooks Y Brown
YBuck Buckoer
YBunn Y Burkhalter YByrd Y Campbell
Canty YCash
Channell YChilden Y Clark YCoan

Y Coleman, B Y Coleman, T YConnell
Y Cooper Y Crawford Y Crews YCulbreth Y Cunuxungs Y DaTM, G Y Davis, M
YDay YDeLoach, B Y DeLoach, G YDta YDixon YDobbs Y Dukes YEhrhart YEpps
Evans YEverett Y Felton YFloyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree Y Banner

Y Harbin Y Heard YHecht YHeckstall
YHegstrom YHenson
Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H
Hudson, N Y Hugley Ylrvin Y Jackson Y James YJamieson Y Jenkins
Johnson Y Johnston Y Jones
Joyce YKaye ELadd 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 YMoaley Y Mueller YO'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 Y Richardson
Roberts Y Rogers Y Royal Y Sanders
Y Sauder YScarlett
YScheid Y Scott Y Shanaban
Shaw YSherrill
YShipp YSims YSinkfield
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

THURSDAY, MARCH 19, 1998

YSnow YStallings YStancil, F
Stancil, S Y Stanley, L Y Stanley, P

Y Stephens YTaylor
Teague YTeper Y Thomas YTillman

Y Titus Y Tolbert YTtense Y Turaquest YTwiggs Y Walker, L

Y Walker, R.L Y Watson YWest Y Westmoreland
Whitaker YWUes

On the motion, the ayes were 161, nays 0. The motion prevailed.

2479
Y Williams, B Y Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

HB 1642. By Representative Bames 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 Senate substitute was read:

A BILL
To amend Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating to requesting judicial assistance from other courts, so as to allow assistance on a permanent basis in certain situations; to amend Code Section 15-1-9.2, relating to requests for assist ance 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; to provide for the appointment of such senior judges; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating to requesting judicial assistance from other courts, is amended by striking paragraph (2) of subsection (b) and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) If assistance is needed from a judge from the same county, the chief judge of any court within such county of this state may make a written request for assistance to the chief judge of any other court within such county, a senior judge of the superior court, a retired judge, or a judge emeritus of any court within the county. The request by the chief judge may be made if one of the following circumstances arises:
(A) A judge of the requesting court is disqualified for any cause from presiding in any matter pending before the court; (B) A judge of the requesting court is unable to preside because of disability, ill ness, or absence; er (C) 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; or (D) A majority of the judges of the requesting court determines that the business of the court requires the permanent assistance of an additional judge or additional judges. If the requesting court is a state or superior court, the assisting judge or assisting judges may hear and decide matters otherwise in the exclusive jurisdiction of the state or superior court without regard to time, type of case, or limitations contained in the rules of such state or superior court; provided, however, that a chief magistrate or magistrate may serve as a permanent assisting judge only in counties having a population of 180.000 or more according to the United States decennial census of 1990 or any future such census."

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JOURNAL OF THE HOUSE,

SECTION 2. Code Section 15-1-9.2 of the Official Code of Georgia Annotated, relating to requests for assistance of senior judges, is amended by inserting immediately following subsection (a) the following:
"(a.1) Notwithstanding the provisions of subsection (a) of this Code section, any Justice of the Supreme Court of Georgia or Judge of the Court of Appeals or any superior court judge, state court judge, magistrate court judge, or juvenile court judge who ceases hold ing office as a judge and who has a total of ten years of service in any combination of such offices may become a senior judge. Said combination must include at least five years' service as a Justice on the Supreme Court, Judge on the Court of Appeals, or judge of the superior court, or at least five years as total served in combination as Jus tice on the Supreme Court, Judge on the Court of Appeals, or judge of the superior court. (a.2) Senior judge status as provided in this Code section shall be acquired by a quali fied former judge's applying to the Governor for appointment as senior judge. The Gov ernor shall appoint each qualified applicant as a senior judge."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Bames of the 33rd moved that the House agree to the Senate substi tute to HB 1642.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien YAndenon YAihe
Y Bailey Y Bannister YBarfoot
Y Barnard YBanm YBatea YBenefield YBirdMng
YBohannon Y Bordeaux Y Bradford YBreedlove
Y Bridge* Y Brooks Y Brawn YBuck YBuekner YBunn YBurkhalter YByrd Y Campbell Y Canty YCash

YChanneU Y Childen Y Clark
Y Coan Coleman, B Coleman, T
Y Connell Y Cooper Y Crawford
Crew. Y Culbreth
Y Cummings Y Davis, G Y Davis, M N Day
YDeLoach, B DeLoach, G Dix
YDixon Y Dobbs Y Dukes
Ehrhart Y Epps
Evans YEverett
Felton

Y Floyd N Franklin Y Golden
Y Graves Y Greene Y GrinoUey
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
Hudson, N Y Hugley Y Irvin Y Jackson
James Y Jamieson

YJenkins Johnson
Y Johnston
Y Jones Y Joyce
Kaye
E 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
Massey Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley Y Mosley

Y MueUer Y O'Neal Y Orrock
Y Parham YParrtah Y Parsons
Y Pelote Y Perry Y Pinholster
Poag Y Polak
Y Ponder Y Porter Y Powell Y Purcell
Y Rages Y Randall Y Ray Y Reaves Y Reichert N Rice Y Richardson
Roberts Y Rogers Y Royal Y Sanders

THURSDAY, MARCH 19, 1998

YSauder YScarlett YScheid Y Scott Y Shanahan
YShaw YSherrill YShipp YSinu 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 YSmyn YSnelling

YSnow Y Stalling! Y Stancil, F Y Stencil, S Y Stanley, L Y Stanley, P Y Stephens YTaylor YTeague YTeper

Y Thomas YTillman Y Titus YTolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson

On the motion, the ayes were 157, nays 3. The motion prevailed.

2481
Y West Westmoreland
YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

Due to a mechanical malfunction, the vote of Representative Kaye of the 37th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Bill and Resolution of the House and Senate were taken up for the pur pose of considering the Senate amendments thereto:

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 following Senate amendment was read:

Amend HR 813 by striking following the word Cairo on line 31 of page 2 "and that portion of Georgia Highway 93 south of the City of Cairo".

Representative Barnes of the 33rd moved that the House agree to the Senate amend ment to HR 813.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien YAnderson YAshe Y Bailey Y Bannister
Barfoot Y Barnard Y Barnes Y Bates YBenefield YBirdsong Y Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown
Buck Buckner YBunn YBurkhalter YByrd Y Campbell Y Canty YCash Y Channel! YChilders Y Clark YCoan

Coleman, B YColeman, T Y Cornell
Cooper YCrawford
Crews Culbreth Y Cunmiiiigs Y Davis, G Y Davis, M YDay YDeLoach, B YDeLoach, G Dix YDixon YDobbs Y Dukes Ehrhurt YEpps Evans YEverett Felton YFloyd Y Franklin Y Golden Y Graves YGraene YGrindley Y Hammontree Y Banner

Harbin Y Heard YHecht Y Heckstall YHegstrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H
Hudson, N YHugley Ylrvin Y Jackson Y James Y Jamieson YJenkins
Johnson YJohnston Y Jones Y Joyce YKaye ELadd
Lakly YLane YLee Y Lewis YLord

Y Lucas YMaddox YMann Y Manning Y Martin, J Y Martin, J.L
YMassey YMcBee YMcCall YMcClinton
McKinney Y Mills Y Mobley YMosley YMueller
O'Neal YOrrock YParham YParrish Y Parsons YPelote
Perry YPinholster YPoag YPolak
Ponder Y Porter YPowell YPurcell YRagas

YRandall
Ray Y Reaves YReichert
YRice Y Richardson
Roberts Y Rogers Y Royal
Y Sanders YSauder
YScarlett Scheid
Y Scott YShanahan
Shaw 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
Snelling

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JOURNAL OF THE HOUSE,

Snow YStallingB
YStancU, F Y StancU, S Y Stanley, L Y Stanley, P

Y Stephens Y Taylor
YTeague YTeper
Y Thomas YTBlman

Y Titus Y Tolbert YTrense
YTurnquest YTwiggs Y Walker, L

On the motion, the ayes were 149, nays 0. The motion prevailed.

Y Walker, R.L Y Watson YWest
Westmorland Whitaker Y Wiles

Y Williams, B YWiUiams, J
Y Williams, R YWorthan
Yates Murphy, Spkr

SB 111. By Senators Thompson of the 33rd and Clay of the 37th:
A bill to amend Code Section 3-4-23 of the Official Code of Georgia Anno tated, relating to the certificate of residence required for a retail distilled spirits dealer's license or tax stamps, so as to provide that an applicant for a retail dealer's license or tax stamps for distilled spirits for a location within a municipality where distilled spirits may legally be sold may reside any where within the county in which the municipality is located.

The following Senate amendment was read:

Amend the House substitute to SB 111 by striking lines 10 and 11 on page 2 and inserting in lieu thereof the following:
"colleges of this state and is a public school or a private school as defined in subsec tion {bl of Code Section 20-2-690.'"

Representative Barnes of the 33rd moved that the House agree to the Senate amend ment to the House substitute to SB 111.
On the motion, 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 YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown
Buck YBuckner NBunn Y Burkhalter YByrd
Y Campbell N Canty YCash
YChannell YChilden Y Clark YCoan YColeman, B
Coleman, T YConnell Y Cooper Y Crawford Y Crews

Culbreth Y Cununings Y Davis, G N Davis, M YDay YDeLoach, B YDeLoach, G YDix YDiion YDobbs Y Dukes YEhrhart YEpps
Evans YEverett YFelton YFloyd N 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 YHudgens Y Hudson, H

Y Hudson, N
YHugley Ylrvin N Jackson Y James Y JamiesoD YJenkins
Johnson Y Johnston Y Jones Y Joyce NKaye ELadd
Lakly YLane YLee Y Lewis YLord Y Lucas YMaddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall
Y McClinton McKinney
NMUls YMobley YMosley YMueUer YO'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 Y Richardson
Roberts Y Rogers Y Royal N Sanders Y Sauder YScarlett YScheid
Y Scott Y Shanahan
YShaw YSherrill 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
YSmyre Y Snelling YSnow Y Stalling! YStancil, F
Y StancU, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas YTUlman Y Titus Y Tolbert YTrense YTurnquest YTwiggs Y Walker, L Y Walker, R.L
Y Watson YWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B YWilliama,J Y Williams, R YWorthan Y Yates
Murphy, Spkr

THURSDAY, MARCH 19, 1998

2483

On the motion, the ayes were 157, nays 9. The motion prevailed.

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

The Senate insists on its amendment to the following bill of the House:

HB 1086. By Representatives Henson of the 65th, Orrock of the 56th, Trense of the 44th 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 Senate has agreed to the House substitute as amended by the Senate to the fol lowing bill of the Senate:

SB 139. By Senators Thomas of the 10th, Price of the 56th, Thomas of the 54th and Balfour of the 9th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to prohibit the Department of Medical Assistance from establishing a drug formulary that restricts by any prior approval pro cess a physician's ability to treat a patient with a prescription drug that has been approved by the United States Food and Drug Administration.

The Senate adheres to its disagreement to the House amendment 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 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.

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Thompson of the 33rd, Johnson of the 1st and Hill of the 4th.

The following Resolution of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

2484

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.

Representative Benefield of the 96th moved that the House adhere to its position in amending SR 559 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 Benefield of the 96th, Channell of the lllth and Dobbs of the 92nd.

The Speaker Pro Tern assumed the Chair.

The following Bill and Resolution of the House were taken up for the purpose of con sidering the Senate amendment or substitute thereto:

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 following Senate amendment was read:

Amend HR 812 by adding ", the Clinton Oliver Highway, and the Romie Waters High way" following "Highway" on lines 1 and 27 of page 1 and by adding between lines 23 and 24 of page 1 the following:
"BE IT FURTHER RESOLVED that State Highway 57 from the Reidsville city limits to Tattnall County High School is designated as the Romie Waters Highway and that State Highway 57 from Tattnall County High School to the Glennville city limits is designated as the Clinton Oliver Highway.".
By inserting ", Clinton Oliver, and the family of Romie Waters" following "Rush" on line 30 of page 1.

Representative Barnard of the 154th moved that the House agree to the Senate amendment to HR 812.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Andersen
Aahe Y Bailey Y Bannister YBarfoot Y Barnard YBaraes Y Bates Y Benefield

Y Birdsong Y Bohannon
Y Bordeaux Y Bradford Y Breedlove
Bridges Y Brooks Y Brown
Buck Y Buckner

Bunn Y Burkhalter
Y Byrd Y CampbeU Y Canty Y Cash Y Channell Y Childere
Clark Y Coan

Y Coleman, B Coleman, T
Connell Cooper Y Crawford Y Cram Culbrath Y Cummings Y Davis, G Y Davis, M

Day Y DeLoach, B
Y DeLoach, G Y Diz Y Diion Y Dobbe Y Dukes Y Ehrhart Y Epps
Evans

YEverett Y Felton
Ployd Y Franklin Y Golden Y Graves YGreene YGrindley Y Hanunontree Y Manner Y Harbin Y Heard YHecht YHeckstall YHegstrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H
Hudson, N YHugley Ylrvin
Y Jackson

THURSDAY, MARCH 19, 1998

Y James Y Jamieson YJenkins
Johnson
Y Johmton Jones
Y Joyce
Kaye ELadd YLakly YLane YLee Y Lewis YLord Y Lucas YMaddoz YMann Y Manning Y Martin, J
Martin, J.L YMassey YMcBee YMcCall Y McClinton
McKinney Y Mills

Y Mobley Y Mosley Y Mueller YO'Neal
YOrrock YParham
YParriah Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak
Ponder Y Porter YPowell YPurceU YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson
Roberts Y Rogers

Y Royal Y Sanders YSauder YScarlett YScbeid 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,? Y Smith, T Y Smith, V YSmyre
Snelling YSnow YStallings Y Stancil, F Y Stancil, S

On the motion, the ayes were 155, nays 0. The motion prevailed.

2486
Y Stanley, L Y Stanley, P Y Stephens YTaylor YTeague YTeper Y Thomas Y Tillman Y Titus Y Tolbert YTrense
Tumquest YTwigg.
Walker, L Y Walker, RX YWataon YWest Y Westmorland YWhitaker YWilea Y Williams, B Y Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

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 Senate substitute was read:

A BILL
To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide 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.

2486

JOURNAL OF THE HOUSE,

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.
Any pOFOOQ WttO VlOlftt9 Of tCUiS O? FCIUflftS vO COiftJWy Wlvn fttty UllC Or U10 DO&nt otlftlr
be fined aet less tha $a&66 and set ere than $269:09 tot eh ffes: 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 of not less than $1.000.00 nor more than $10,000.00 or by. imprisonment not to exceed one year, or by both such fine and impris onment."
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."
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

THURSDAY, MARCH 19, 1998

2487

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 69 days ef- the date of first treatment for tite ifijwy 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 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 an unreasonable refusal te submit to surgery or a neglect to foHew- any rcaoonablc surgical treatment by- a competent surgeon a subsequent nonwork related injury which breaks the chain of causation between the compensable injury and the employee's disability. l(abw) ."It is the --int--en--t ~o~f the --Ge--n--er--al Assembly --th--at --th--is --Co--de --sec--tio--n codify existing --ca--se

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 er aubscc' *k {b} ef Gede Section 34-0-127."

2488

JOURNAL OF THE HOUSE,

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."
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 insertnig 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 34'0-363 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 tune 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.

THURSDAY, MARCH 19, 1998

2489

(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) of Code Section 34-9-121 and any applicable rule of the board may be refunded by the fund as 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 claims remain unpaid, including but not limited to medical providers or attorneys representing either the insolvent selfinsurer or claimants."

2490

JOURNAL OF THE HOUSE,

SECTION 11. All laws and parts of laws in conflict with this Act are repealed.
Representative Smith of the 109th moved that the House agree to the Senate substi tute to HB 1327.
On the motion, 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
YBirdsong Bohannon Bordeaux
Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown
Buck
Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty YCash YChannell Y Childen
Clark YCoan Y Coleman, B
Coleman, T Connell Y Cooper Y Crawford Y Crews

Culbreth Y CununiiiffB Y Davis, G Y Davis, M
Day YDeLoach, B YDeLoach, G YDii YDizon YDobbe Y Dukes
Epps Evans YEverett Felton YFloyd Y Franklin Y Golden Y Graves YGreene YGrindley Y Hanunontree 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 Jtuniwon YJenkins
Johnson Y Johnston
Jones Y Joyce YKaye ELadd
Lakly YLane YLee Y Lewis YLord Y Lucas YMaddox YMann
Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton
McKinney Y Mills Y Mobley YMosley
Mueller O'Neal Y Crock YParham

On the motion, the ayes were 153, nays 0. The motion prevailed.

YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter YPowell YPurceU YRagas YRandall
Ray Y Reaves YReichert YRice Y Richardson
Roberts Y Rogers Y Royal Y Sanders YSauder YScarlett YScheid Y Scott Y Shanahan YShsw YSherrill
Shipp YSimi 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
Stancil, F Y Stancil,S Y Stanley, L Y Stanley, P Y Stephens YTaylor YTeague YTeper Y Thomas YTillman Y Titus YTolbert YTrense
Turaquest
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

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 369

The Committee of Conference on SB 369 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 369 be adopted.

THURSDAY, MARCH 19, 1998

2491

FOR THE SENATE:
/s/ David Ralston Senator, 51st District
/s/ Mary Margaret Oliver Senator, 42nd District
/s/ Clay Land Senator, 16th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Jim Martin Representative, 47th District
/s/ Roy E. Barnes Representative, 33rd District
/s/ Benjamin Alien Representative, 117th District

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 superior courts or appellate courts; to change the provi sions relating to compensation, travel, per diem, and pay allowances; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by strik ing subsection (d) of 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 inserting in its place the following:
"(d) Senior judges serving as judges of the an appellate or superior court under this Code section or any other provision of law shall be compensated receive compensation from state funds for each day of service, in the amount of $166.00 per day for web etviee the annual state salary of a judge of the applicable court, divided bg 235. In addi tion 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 employees for such services. Such compensation, expenses, and mileage shall be paid from state funds appropriated or oth erwise 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."
SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Martin of the 47th moved that the House adopt the report of the Committee of Conference on SB 369.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien YAndenon YAahe
Bailey Y Bannister YBarfoot

Y Barnard Barnea
Y Bates
Benefield Birdtong YBohannon

Y Bordeaux Y Bradford Y Breedlove
Y Bridges Y Brooks Y Brown

Buck Y Buckner Y Bunn
Y Burkhalter Y Byrd Y Campbell

Canty Y Cash Y Channel!
Y Childen Clark
Y Coan

2492

JOURNAL OF THE HOUSE,

YColeman, B YCoIeman, T
ConneU Y Cooper
Crawford Y Crews
Culbreth Cunnings YDavi., G YDavis, M
Dy DeLoach, B
YDeLoach, G YDk YDixon YDobbs Y Dukes
Ehrhart YEpps YEvam YEverett YFelton YFloyd YFnnklin Y Golden Y Grave. YGreene YGrindley Y Hanunontree YHanner

Y Harbin Y Heard YHecht YHeckstall YHegstrom YHenson Y Holland
Holmes Y Houston
Howard YHudgem
Hudson, H Y Hudson, N YHugley Ylrvin
Jackson James Y Jamieson Y Jenkins Johnson Johnston Jones Y Joyce YKaye ELadd 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 YMosley
Mueller O'Neal YOrrock YParham Parrish Y Parsons Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas

On the motion, the ayes were 139, nays 0. The motion prevailed.

YSnow Y Stalling*
Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas
Tilhnan Titus Y Tolbert YTrense Turnquest YTwiggs Walker, L 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

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 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.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following bills of the House:

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 President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Gillis of the 20th, Thomas of the 10th and Broun of the 46th.

THURSDAY, MARCH 19, 1998

2493

HB 1253. By Representatives James of the 140th, Reaves of the 178th, Floyd of the 138th 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 President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Turner of the 8th, Bowen of the 13th and James of the 35th.

The Senate insists on its amendment to the following bill of the House:

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 Senate adheres to its substitute and has appointed a Committee of Conference on the following bills of the House:

HB 1393. By Representatives Channell of the lllth, Rogers of the 20th, Reichert of the 126th 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 President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Cagle of the 49th, Gillis of the 20th and Thomas of the 54th.

HB 1730. By Representatives Walker of the 141st, Buck of the 135th, Dix of the 76th 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 President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Ralston of the 51st, Oliver of the 42nd and Land of the 16th.

The following Bills of the House and Senate were taken up for the purpose of consid ering the Senate amendments thereto:

2494

JOURNAL OF THE HOUSE,

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 Senate amendment was read:

Amend HB 1228 by striking from line 31 on page 5 the following: "Section 53-6-46",
and inserting in lieu thereof the following: "Section 53-7-13".
By striking in its entirety line 10 of page 6 and inserting in lieu thereof the following: "Probate Code," if applicable, or Code Section 53-8-13 of the "Revised Probate Code of 1998.'" in paragraph (25) of.

Representative Martin of the 47th moved that the House agree to the Senate amend ment to HB 1228.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien YAndenon YAshe
Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield
Birdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown
Buck YBuckner
Bunn Y Burkhalter YByrd
Y Campbell Y Canty YCash Y Channel! YChilden
Clark YCoan
YColeman, B Y Coleman, T
Connell Y Cooper
Crawiord Y Crews

Culbreth Y Cummings YDavis,G YDavis, M YDay YDeLoach, B Y DeLoach, G YDix YDiion
YDobbs Y Dukes
Ehrhart
YEpps Y Evans YEverett YFelton YFloyd Y Franklin Y Golden Y Graves YGreene YGrindley YHammontree Y Manner Y Harbin Y Heard Y Hecht YHedntall YHegstrom YHenson Y Holland
Holmes
Houston Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson Y James YJamieson
JenUns Johnson Y Johnston Jones Y Joyce YKaye ELadd YLakly YLane YLee Y Lewis YLord Y Lucas YMaddoi 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 YParham

On the motion, the ayes were 155, nays 0. The motion prevailed.

YParriah Y Parsons YPelote
Y Perry Y Pinholster YPoag YPolak
Y Ponder Y Porter YPowell YPurcell
YRagas YRandall
Ray Reaves YReichert YRice Y Richardson Y 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
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 YStancil, S
Stanley, L Y Stanley, P
Stephens Y Taylor YTeague Y Teper Y Thomas YTillman Y Titus Y Tolbert YTrense
Tumquest YTwiggs
Walker, L Y Walker, R.L
Y Watson YWest
Y Westrnoreland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

THURSDAY, MARCH 19, 1998

2495

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 following Senate amendment was read:

Amend the House substitute to SB 444 by striking from line 34 of page 1 the following:
"subsection (a) of.
By inserting on line 5 of page 2 immediately after the word "rail" the word "station".
By striking in their entirety lines 12 through 14 of page 2 and inserting in lieu thereof the following:
"or beverage container, provided that this paragraph shall not apply to an operator of a public transit bus at an authorized layover point or to a person providing food or beverage to any child under age 5;".
By striking lines 21 through 29 of page 2 and inserting in lieu thereof the following:
"eye degs properly harnessed and the following:
(A) A guide dog or service dog as described in Code Section 30-4-1, provided that such guide dog or service dog is accompanied by a Mind pee and smatt animals properly packaged physically disabled person, blind person, person with visual dis abilities. deaf person, or a person who is responsible for training a guide dog or ser vice dog; and
(B) Small pets confined to rigid pet carriers with locks or latches:"
B"eyxisttsr"i.king from line 3 of page 3 the word "exists" and inserting in lieu thereof the word
By striking from line 9 of page 3 the designation "(a.l)" and inserting in lieu thereof the designation "(b)".
By striking the double quotation marks at the end of line 12 on page 3.
By inserting between line 12 and line 13 on page 3 the following:
A person convicted of a first offense of violating subsection (a) of this Code sec tion shall be punished by a fine of not less than $50.00 and not more than $100.00. Upon a second or subsequent conviction, a person shall be punished by a fine of not less than $100.00 and not more than $250.00 or by imprisonment for not more than ten days, or both.
This Code section shall be cumulative to and shall not prohibit the enactment of any other general and local laws, rules, and regulations of state or local authorities or agencies, and local ordinances prohibiting such activities which are more restrictive than this Code section.'"
By striking lines 27 through 35 of page 5.

Representative Martin of the 47th moved that the House agree to the Senate amend ment to the House substitute to SB 444.
On the motion, the roll call was ordered and the vote was as follows:

2496
Y Alien YAndenon YAshe Y Bailey Y Bannister YBarfoot Y Barnard
Bames Y Bates Y Benefield
Birdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn Y Burkhalter YByrd Y Campbell Y Canty NCash YChannell YChilders Y Clark NCoan Y Coleman, B
Coleman, T Connell Y Cooper Crawford Y Crews

JOURNAL OF THE HOUSE,

Y Culbreth Y Cununings Y Davis, G N Davis, M
YDay YDeLoach, B Y DeLoach, G NDix YDiion YDobbs Y Dukes
Ehrhart YEpps Y Evans YEverett Y Felton
Floyd N Franklin Y Golden
Y Graves YGreene NGrindley
Y Hammontree 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 YJenkins
Johnson Y Johnston
Jones N Joyce NKaye ELadd YLakly YLane YLee N Lewis
YLord Lucas
YMaddox NMann
Y Manning
Y Martin, J Y Martin, J.L
YMassey YMcBee YMcCall Y McClinton
McKinney NMills Y Mobley YMosley Y MueUer YO'Neal YOrrock YParham

Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y PoweU YPurcell
YRagas YRandaU YRay
Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal
N Sanders Y Sauder Y Scarlett YScheid
Y Scott Y Shanahan
Shaw YSheirill YShipp YSims YSinkfield Y Skipper Y Smith, C
Smith, C.W Y Smith, L

On the motion, the ayes were 139, nays 14. The motion prevailed.

Y Smith, L.R Y Smith, P Y Smith, T
N Smith, V Smyre
Y Smiling YSnow YStallings
Stancil, F Y Stancil, S
Stanley, L Y Stanley, P
Stephens Y Taylor YTeague YTeper
Y Thomas YTUlman
Y Titus YTolbert YTrense
Turnquest YTwiggs
Walker, L Walker, R.L
Y Watson YWest
Westmoreland Y Whitaker Y Wiles
Williams, B Y Williams, J Y Williams, R YWorthan NYates
Murphy, Spkr

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1202

The Committee of Conference on HB 1202 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1202 be adopted.
Respectfully submitted,

THURSDAY, MARCH 19, 1998

2497

FOR THE SENATE:
/s/ Paul C. Broun Senator, 46th District
M Nadine Thomas Senator, 10th District
/s/ Hugh Gillis Senator, 20th District

FOR THE HOUSE OF REPRESENTATIVES:
M Mary Louise McBee Representative, 88th District
/s/ Bob Holmes Representative, 53rd District
/s/ Helen G. Hudson Representative, 120th District

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 pro vide for contingent effective dates; 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 clerk of the superior court, judge of the probate court, sheriff, tax commissioner, and magistrate, 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. 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 or municipality, not later than February 1 of any year in which a general primary, nonpartisan primary, or general election is to be held, and at least 20 days prior to the special primary or election in the case of a special primary or special election, shall fix and publish a qualifying fee for each county office to be filled in the upcoming primary or election. Such fee shall be 3 per cent of the total gross salary of the office paid in the preceding calendar year includ ing all supplements authorized by law if a salaried office; provided, however, that for the offices of clerk of the superior court, judge of the probate court, sheriff, tax com missioner, and magistrate, 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 longev ity increases. If not a salaried office, a reasonable fee shall be set by the county gov erning authority of such county or municipality, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year or more than $35.00 for a municipal office;".

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JOURNAL OF THE HOUSE,

SECTION 3. Sections 1, 3, and 4 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 2 of this Act shall become effec tive January 1, 1999, unless SB 630 as enacted by the 1998 session of the General Assem bly does not become law or is not approved by the United States Department of Justice prior to that date. If SB 630 as enacted by the 1998 session of the General Assembly does not become law, Section 2 of this Act shall stand automatically repealed on January 1, 1999. If SB 630 as enacted by the 1998 session of the General Assembly is not approved by the United States Department of Justice prior to January 1, 1999, Section 2 of this Act shall become effective on the date such approval is obtained. If SB 630 as enacted by the 1998 session of the General Assembly is rejected by the United States Department of Jus tice, then Section 2 of this Act shall stand automatically repealed on the date of such rejection.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative McBee of the 88th moved that the House adopt the report of the Committee of Conference on HB 1202.
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 YBamee Y Bates
YBenefield Birdsong
YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Buikhalter YByrd Y Campbell Y Canty YCash Y Channel] YChildera Y Clark YCoan Y Coleman, B
Coleman, T Connell Y Cooper Crawford Y Crews

Y Culbreth Y Cummings
YDavis, G Y Davto, M YDay YDeLoach,B Y DeLoach, G YDiz YDizon
YDobbs Y Dukes YEhrhart YEpp.
Evans YEverett Y Felton
Floyd Y Franklin
Golden Y Graves YGreene YGrindley Y Hammontree
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 Y Jamieson Y Jenkins
Johnson Y Johnston
Jones Y Joyce YKaye ELadd YLakly YLane
YLee Y Lewis YLord
Lucas Y Maddoi YMann Y Manning Y Martin, J Y Martin, J.L
YMassey Y McBee 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 Y Powell YPurceU
YRagas YRandall
Ray 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
Smith, C.W Y Smith, L

Y Smith, L.R Y Smith,? Y Smith, T Y Smith, V
Smyre YSneUing YSnow YStallings
Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas YTillman Y Titus YTolbert 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
YWorthan YYates
Murphy, Spkr

On the motion, the ayes were 158, nays 0. The motion prevailed.

The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

THURSDAY, MARCH 19,1998

2499

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.

The following Senate substitute was read:

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 that failure to execute a notice of lien shall be an amendable defect; 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics' and materialmen's liens, is amended by striking paragraph (3) of subsection (a) of Code Section 44-14-361.1 and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) The commencement of an action for the recovery of the amount of his the party's claim within 12 months from the time the same shall become due. In addition, within 14 days after filing such action, the party claiming the lien shall file a notice with the clerk of the superior court of the county wherein the subject lien was filed. The notice shall contain a caption referring to the then owner of the property against which the lien was filed and referring to a deed or other recorded instrument in the chain of title of the affected property. The notice shall be executed, under oath, by the party claiming the lien or by bis such party's attorney of record^ but failure to execute the notice under oath shall be an amendable defect which may be cured by. the party claiming the lien or by such party's attorney without leave of court at any time before entry of the pretrial order and thereafter by leave of court. An amendment of notice pursuant to this Code section shall relate back to the date of filing of the notice. The notice shall identify the court wherein the action is brought; the style and number of the action, including the names of all parties thereto; the date of the filing of the action; and the book and page number of the records of the county wherein the sub ject lien is recorded in the same manner in which liens specified in Code Section 44-14-361 are filed. The clerk of the superior court shall enter on the subject lien so referred to the book and page on which the notice is recorded and shall index such notice in the name of the then purported owner as shown by the caption contained in such notice. A separate lis pendens notice need not be filed with the commence ment of this action; and".
SECTION 2. Said part is further amended by adding at the end of said part a new Code section to read as follows:
"44-14-367.
(a) In the event no notice is filed with the clerk of the superior court as is required by paragraph (3) of subsection (a) of Code Section 44-14-361.1 within 14 months from the time the claim became due, the owner of the real estate improved may file with the clerk of the superior court in the county in which the property is located a request to have the lien marked void of record. Said request shall be accompanied by an affidavit from an attorney licensed to practice law in Georgia that certifies the attorney has searched the superior court records in the county in which the property is located, that

2500

JOURNAL OF THE HOUSE,

according to information received from the superior court clerk's office the indexes of real property transactions are current through a date more than 12 months from the date the lien claimant's claim became due, and that the records do not reflect that notice has been filed as is required by this Code section. A copy of said request shall be forwarded by the owner to the lien claimant by registered or certified mail to the address specified in the original filing for record of his or her claim of lien prior to filing the request, and a copy of the return receipt showing that the lien claimant has received a copy of the request shall be filed with the superior court clerk at the time the request is filed. If the lien claimant is no longer at the address specified in his or her original claim of lien and the owner cannot reasonably locate the lien claimant, the owner may file an affidavit so stating in lieu of a return receipt. The lien claimant shall have 30 days from the date of the filing of the request with the superior court clerk to object in writing to the request on the basis that the proper notice was timely filed. A copy of the objection shall be sent to the owner by registered or certified mail at the time the lien claimant files such objection with the superior court clerk. If the lien claimant so objects, the clerk shall not mark the lien void and either party may seek relief in the superior court through a declaratory judgment action. In the event no objection is filed with the superior court clerk within 30 days after the filing of the request, the superior court clerk is directed, upon subsequent request of the owner of the real estate, to release any bond filed and to mark the lien void of record by writing or marking on said lien the following language:
'This lien is void of record pursuant to Code Section 44-14-367 of the Official Code of Georgia Annotated.' (b) Subsection (a) of this Code section shall not be construed to prevent any interested party from seeking judicial relief at any time based upon allegations that a claim of lien is void as a matter of law for failure to comply with the requirements of this part or from seeking the release of any bond filed pursuant thereto. Further, subsection (a) of this Code section shall not extend the legal effect of any claim of lien which is otherwise void due to the failure of the lien claimant to comply with the requirements of this part."
SECTION 3. This Act shall become effective on July 1, 1998. Section 2 of this Act shall apply to liens created on or after July 1, 1998, and Section 1 of this Act shall apply to claims of lien filed on or after July 1, 1998.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Shanahan of the 10th moved that the House agree to the Senate sub stitute to HB 1696.
On the motion, 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 YBenefield
YBirdsong YBohannon
Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown
Buck

Y Buckner N Bunn YBurkhalter Y Byrd Y Campbell Y Canty Y Cash Y ChanneU Y Childers Y Clark
Y Coan Y Coleman, B
Coleman, T Y Connell Y Cooper Y Crawford
Crews Culbreth Y 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 Evans Everett
Y Felton Y Floyd Y Franklin
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
Irvin Y Jackson

Y James Y Jamieson Y Jenkins
Johnson Y Johnston
Jones Y Joyce Y Kaye E Ladd Y Lakly
Y Lane Y Lee Y Lewis Y Lord
Lucas Y Maddox Y Mann
Manning Y Martin, J

THURSDAY, MARCH 19, 1998

2501

Martin, J.L YMawey YMcBee YMcCaU YMcClinton
McKinney Y Mills YMobley YMoaley YMueller YO'Neal YOrrock
Parham YParrish Y Parsons YPelote Y Perry

Y Pinhohter Y Poag Y Polak Y Ponder
Porter Y Powell YPurcell Y Ragas
RandaU Y Ray
Reaves Y Reichert Y Rice Y Richardson Y Roberta Y Rogers Y Royal

Y Sanders Y Saudei Y Scarlett Y Scheid
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

On the motion, the ayes were 150, nays 1. The motion prevailed.

Y Smith, T Y Smith, V
Smyre Y SneUing Y Snow
Stallings Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor Y Teague Y Teper Y Thomas Y TUlman Y Titus

Y Tolbert Y Trense
Turnquest Y Twiggn Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles
Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates
Murphy, Spkr

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 following Senate substitute was read:

A BILL
To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to revise and change the "Redevelopment Powers Law"; to change certain defini tions; to specify applicability with respect to consolidated governments; to change certain requirements and procedures regarding redevelopment plan proposals; to change require ments and procedures for creating tax allocation districts; to change certain provisions regarding use of general funds derived from tax allocation districts to finance tax alloca tion bonds; to change the method of determining tax allocation increment bases; to pro vide for estimated tax allocation increment bases; to change requirements and procedures regarding allocation of positive tax allocation increments and creation of a special fund; to change certain provisions regarding payment of redevelopment costs; to change certain provisions regarding use of certain general funds; to change certain provisions regarding issuance of certain tax allocation obligations; to provide for related matters; to change cer tain provisions regarding city business improvement districts so as to allow the time period for existence of the district to range from five years to ten years; to change certain provi sions with respect to renewal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking paragraphs (2), (4), (9), and (12) of Code Section 36-44-3, relating to definitions, and inserting in their place new paragraphs (2), (4), (9), and (12) to read as follows:
"(2) 'Area of operation' means, in the case of a municipality or its redevelopment agency, the territory lying within the corporate limits of such municipality] and; in the case of a county or its redevelopment agency, the territory lying within the unincorpo rated area of the county; and, in the case of a consolidated government or its redevel opment agency, the area lying within the territorial boundaries of the consolidated government. 'Area of operation' may also mean the combined areas of operation of political subdivisions which participate in the creation of a common redevelopment

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JOURNAL OF THE HOUSE,

agency to serve such participating political subdivisions as provided in subsection (d) of Code Section 36-44-4." "(4) 'Political subdivision' means any county, or municipality, or consolidated govern ment of this state." "(9) 'Redevelopment plan' means a written plan of redevelopment for a redevelop ment area or a designated portion thereof which:
(A) Specifies the boundaries of the area proposed for redevelopment proposed rede velopment area; (B) Provides evidence Explains the grounds for a finding bj the local legislative body that the redevelopment area on the whole has not been subject to growth and development through private enterprise and would not reasonably be anticipated to be developed without the approval of the redevelopment plan; (C) Explains the proposed uses for redevelopment purposes after redevelopment of real property and the proposed method ef- financing any construction, rcconatruc tien; expansion, renovation, rehabilitation, repair? demolition, alteration, or remodel-
redevelopment area; (D) Describes the proposed construction, reconstruction, expansion, renovation, rehabilitation; repair; demolition, alteration, er remodeling ef any pttbKe werfcs;pttb-
tlC uOU91H t Of OuACF JJUDIIC
proponed method ef- financing sueh activities any redevelopment projects within the redevelopment area proposed to be authorized by the redevelopment plan, estimates the cost thereof, and explains the proposed method of financing such projects; (E) Describes the proposed construction, reconstruction, expansion, renovation, rehabilitation; repair; demolition, alteration, er remodeling ef privately owned prop erty; estimates fee eest thereof, and- explains fee- proposed method of- financing stteh-
{PKE) Describes any contracts, agreements, or other instruments creating an obliga tion for more than one year which are proposed to be entered into by the political subdivision or its redevelopment agency or both for the purpose of implementing the redevelopment plan; {OMF) Describes the type of relocation payments proposed to be authorized by the redevelopment plan and estimates fee eest ef making seh payments; {HKG) Includes a statement that the proposed redevelopment plan conforms with the local comprehensive plan, master plan, zoning ordinance, and building codes of the political subdivision or explains any exceptions thereto;
which are estimated to be made for each year dttring- ten years- immediately follow ing fee implementation of fee redevelopment pten Estimates redevelopment costs to be incurred or made during the course of implementing the redevelopment plan; (I)(J) Includes saeh other information as jnay be required by resolution ef fee peKtied subdivision whose area ef operation includes fee area proposed for redevelop ment Recites the last known assessed valuation of the redevelopment area and the estimated assessed valuation after redevelopment: {K}(J) Provides that property which is to be redeveloped under the plan and which is either designated as a historic property under Article 2 of Chapter 10 of Title 44, the 'Georgia Historic Preservation Act,' or is listed on or has been determined by any federal agency to be eligible for listing on the National Register of Historic Places will not be:
(i) Substantially altered in any way inconsistent with technical standards for rehabilitation; or (ii) Demolished unless feasibility for reuse has been evaluated based on technical standards for the review of historic preservation projects, which technical standards for rehabilitation and review shall be those used by the state historic preservation officer, although nothing in this subparograph shall be construed to require approval of a redevelopment plan or any part thereof by the state historic preservation officer;

THURSDAY, MARCH 19, 1998

2503

Specifies the proposed effective date for the creation of the tax allocation district and the proposed termination date; {M}(L) Reettes the test fenewn asscaaed valuation of the redevelopment area and the estimated assessed valuation after redevelopment Contains a map specifying the boundaries of the proposed tea, allocation district and showing existing uses and conditions~of real property in the proposed tax allocation district; ffiKM) Specifies the estimated tax allocation increment base of the proposed tax allocation district obtained pursuant te Code Section 36-44-10 and- supported by- the certification ef the state revenue commissioner aa provided by said Code section; {OKN) Specifies property taxes for computing tax allocation increments determined in accordance with Code Section 36-44-9 and supported by any resolution required under paragraph (2) of Code Section 36-44-8; {PKO) Specifies the amount of the proposed tax allocation bond issue or issues; and the term and assumed rate of interest applicable thereto; {QKP) Estimates positive tax allocation increments for the period covered by the term of the proposed tax allocation bonds; and (Q)(R) Contains a map showing existing uses and conditions ef- teal property in the proponed tax allocation district Specifies the property proposed to be pledged for payment or security for payment of tax allocation bonds which property may include positive tax allocation increments derived from the tax allocation district, all or part of general funds derived from the tax allocation district, and any other prop erty from which bonds may be paid under Code Section 36-44-14. subject to the limitations of Code Sections 36-44-9 and 36-44-20; and (R) Includes such other information as may be required by resolution of the politi cal subdivision whose area of operation includes the proposed redevelopment area." "(12) 'Tax allocation bonds' means one or more series of bonds, notes, or other obliga tions issued by a political subdivision to finance, wholly or partly, redevelopment costs within a tax allocation district and which are issued on the basis of pledging the pro jected increase in ad valorem tax revenues rcaulting frost the proposed redevelopment ef property within a tax allocation district for the repayment payment or security for payment of such bonds positive tax allocation increments derived from the tax alloca tion district, all or part of general funds derived from the tax allocation district, and any other property from which bonds may be paid under Code Section 36-44-14, as determined by the political subdivision subject to the limitations of Code Sections 36-44-9 and 36-44-20. Tax allocation bonds shall not constitute debt within the mean ing of Article IX, Section V of the Constitution."
SECTION 2.
Said title is further amended by striking subsection (d) of Code Section 36-44-4, relating to creation of redevelopment agencies, and inserting in its place a new subsection (d) to read as follows:
"(d) Any county2 and municipality^ and consolidated government, or any combination of such political subdivisions, by resolution of their respective local legislative bodies, may jointly create a public corporation, or designate an existing public corporation which already exercises 'redevelopment powers' under any other law, to serve as the common redevelopment agency on behalf of such political subdivisions. The membership of the board of directors and their terms of office of any such jointly created public corporation and the powers and duties of such public corporation shall be as mutually agreed upon by the local legislative bodies of the participating political subdivisions, as evidenced by a resolution duly adopted by each such local legislative body. In the event a public cor poration is created or designated, as authorized in this Code section, to serve as the common redevelopment agency of two or more political subdivisions, then the area of operation of such redevelopment agency shall be the combined areas of operation of the political subdivisions jointly creating or designating such redevelopment agency."
SECTION 3. Said title is further amended by striking subsections (b) and (c) of Code Section 36-44-7, relating to redevelopment plan proposals, and inserting in their place new subsections (b) and (c) to read as follows:

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"(b) When a proposed redevelopment plan is prepared, it shall be submitted by the redevelopment agency to the local legislative body. Within the 60 day period after the plan is submitted, the local legislative body shall hold at least one public hearing on the proposed redevelopment plan eaee each week teat *we consecutive weeks. The local legis lative body shall cause the time, date, place, and purpose of each such public hearing to be advertised in one or more newspapers of general circulation within the area of operation of the political subdivision at least once during a period of five days immedi ately preceding the date of each public hearing. (c) Within 45 days after completing the public hearings required by subsection (b) of this Code section, the local legislative body of the political subdivision shall schedule and hold a meeting of the local legislative body for the purpose of considering the approval of the redevelopment plan. The local legislative body shall cause the date, time, place, and purpose of such meeting to be advertised in one or more newspapers of gen eral circulation within the area of operation of the political subdivision at least once dur ing a period of five days immediately preceding the date of such meeting. At such meeting the redevelopment plan shall be approved as submitted, amended and approved, or rejected and returned to the redevelopment agency for further considera tion. Any redevelopment pta amended se as to alter the external boundaries ef the redevelopment area; se as te substantially change the teftd -use r general nature ef-the redevelopment plan; er se as otherwise to substantially change the redevelopment plan shall he deemed to have been rejected. Any redevelopment plan rejected by the local leg islative body shall be returned to the redevelopment agency and shall be subject to the public hearing requirements of subsection (b) of this Code section if it is again submit ted to the local legislative body for approval, either in the same or amended form."
SECTION 4. Said title is further amended by striking Code Section 36-44-8, relating to creation of tax allocation districts, and inserting in its place a new Code Section 36-44-8 to read as fol lows:
"36-44-8.
In order to create and carry out the purposes of a tax allocation district, the following steps are required:
(1) Preparation by the redevelopment agency of a redevelopment plan for the pro posed tax allocation district and its submission for consent to the political subdivision or board of education required to consent, if the plan proposes to include in the tax allocation increment ad valorem taxes levied by a political subdivision or board of education required to consent to such inclusion under Code Section 36-44-9, to the political subdivision er beard ef education required to consent or if the plan proposes to pledge for payment or security for payment of tax allocation bonds and other rede velopment costs the general funds of a county required to consent to such inclusion under Code Section 36-44-9; (2) Submission of the redevelopment plan, along with a certified copy of any resolu tion giving the consent required under paragraph (1) of this Code section, to the local legislative body of the political subdivision whose area of operation will include the tax allocation district; and (3) Adoption by the local legislative body of a resolution approving the redevelopment plan and which:
(A) Describes the boundaries of the tax allocation district with sufficient definiteness to identify with ordinary and reasonable certainty the territory included. The boundaries shall include only those whole units of property assessed for ad valorem property tax purposes; (B) Creates the district on December 31 following the adoption of the resolution or on December 31 of a subsequent year as determined by the local legislative body; (C) Assigns a name to the district for identification purposes. The first district cre ated shall be known as 'Tax Allocation District Number 1,' followed by the name of the political subdivision within whose area of operation the district is located; (D) Specifies the estimated tax allocation increment base;

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(E) Specifies property taxes to be used for computing tax allocation increments;
(F) Specifies the property proposed to be pledged for payment or security for pay ment of tax allocation bonds which property may include positive tax allocation increments derived from the tax allocation district, all or part of general funds derived from the tax allocation district, and any other property from which bonds may be paid under Code Section 36-44-14. as determined by the political subdivi sion subject to the limitations of Code Sections 36-44-9 and 36-44-20; and {P>(G) Contains findings that:
(i) The redevelopment area on the whole has not been subject to growth and development through private enterprise and would not reasonably be anticipated to be developed without the approval of the redevelopment plan; and (ii) The improvement of the area is likely to enhance the value of a substantial portion of the other real property in the district. If any information required to be included in the resolution approving the redevelop ment plan under subparagraphs (A) through (G) of this paragraph is contained in the redevelopment plan, then the resolution approving the redevelopment plan may incor porate by reference that portion of the redevelopment plan containing said informa tion."
SECTION 5. Said title is further amended by adding two new subsections at the end of Code Section 36-44-9, relating to computation of tax allocation increments of tax allocation districts, to be designated subsections (d) and (e) to read as follows:
"(d) When a tax allocation district is created within the area of operation of a consoli dated government by the local legislative body of the consolidated government, property taxes for computing tax allocation increments shall be based on all consolidated govern ment ad valorem property taxes levied for consolidated government purposes. Ad valo rem property taxes levied for school district purposes within the boundaries of the consolidated government may be included in the computation of tax allocation increments for a consolidated government tax allocation district if the board of educa tion of such school district or the local legislative body of the consolidated government, whichever is authorized to establish the ad valorem tax millage rate for educational pur poses within the school district, consents to such inclusion by resolution duly adopted by said board of education or local legislative body, respectively. (e) A county may pledge all or part of county general funds derived from a municipal tax allocation district for payment or security of payment of tax allocation bonds issued by the municipality and for payment of other redevelopment costs of the tax allocation district if the local legislative body of the county consents to the use of such general funds by resolution duly adopted by said local legislative body."
SECTION 6. Said title is further amended by striking Code Section 36-44-10, relating to determination of the tax allocation increment base of a proposed tax allocation district, and inserting in its place a new Code Section 36-44-10 to read as follows:
"36-44-10.
(a) Prie* te the adoption ef- a resolution fey the teeal legislative feedy of tt political sWivtsioR creating No later than the effective date of the creation of the tax allocation district, the redevelopment agency shall apply, in writing, to the state revenue commis sioner for a determination of the tax allocation increment base of the proposed tax allo cation district. Within a reasonable time, and not exceeding 60 days after receiving saeh application the effective date of the creation of the tax allocation district, the state reve nue commissioner shall certify such tax allocation increment base, as of the propoaed effective date of the creation of the tax allocation district, to the redevelopment agency, and such certification, unless amended pursuant to subsection (b) of this Code section, shall constitute the tax allocation increment base of the tax allocation district. (b) If the local legislative body of a political subdivision adopts an amendment to the resolution which created a tax allocation district and such amendment changes the

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boundaries of that tax allocation district so as to cause additional redevelopment costs for which tax allocation increments may be received by the political subdivision, the tax allocation increment base for the revised or amended district shall be redetermined pur suant to subsection (a) of this Code section as of the effective date of such amendment. The tax allocation increment base as redetermined under this subsection is effective for the purposes of this chapter only if it exceeds the original tax allocation increment base determined under subsection (a) of this Code section. (c) It is a rebuttable presumption that any property within a tax allocation district acquired or leased as lessee by the political subdivision, or any agency or instrumentality thereof, within one year immediately preceding the date of the creation of the district was so acquired or leased in contemplation of the creation of the district. The presump tion may be rebutted by the political subdivision with proof that the property was so leased or acquired primarily for a purpose other than to reduce the tax allocation incre ment base. If the presumption is not rebutted, in determining the tax allocation incre ment base of the district, but for no other purpose, the taxable status of the property shall be determined as though such lease or acquisition had not occurred. (d) For each political subdivision whose area of operation includes a tax allocation dis trict, the county board of tax assessors^ e* joint city-county board of tax assessors, or board of tax assessors for a consolidated government, as the case may be, shall identify upon the tax digests of the political subdivision those parcels of property which are within each existing tax allocation district, specifying the name of each district. A simi lar notation shall appear on tax digests submitted to the state revenue commissioner pursuant to Code Section 48-5-302, relative to the submission of tax digests to the state revenue commissioner. (e) The county board of tax assessorSj er joint city-county board of tax assessors^ or con solidated government board of tax assessors shall annually give notice to the county tax collector or tax commissioner and to the municipal official responsible for collecting municipal ad valorem property taxes as to both the current taxable value of property within each tax allocation district and the tax allocation increment base. The notice shall also explain that any taxes collected as a result of increases in the tax allocation increment base constitute tax allocation increments and shall be paid to the appropriate political subdivision as provided by subsection (b) of Code Section 36-44-11."
SECTION 7.
Said title is further amended by striking Code Section 36-44-11, relating to allocation of positive tax allocation increments and creation of a special fund, and inserting in its place a new Code Section 36-44-11 to read as follows:
"36-44-11.
(a) Positive tax allocation increments of a tax allocation district shall be allocated to the political subdivision which created the district for each year from the effective date of the creation of the district until that time when all redevelopment costs and all tax allo cation bonds of the district have been paid or provided for, subject to any agreement with bondholders. General funds derived from the tax allocation district which have been pledged for payment or security for payment of tax allocation bonds and other redevelopment costs of the tax allocation district shall also be allocated to the political subdivision which created the district for each year from the effective date of the cre ation of the district until that time when all redevelopment costs and all tax allocation bonds have been paid or provided for, subject to any agreement with bondholders.
(b)(l) Each county tax collector or tax commissioner^ er municipal official responsible for collecting municipal ad valorem property taxes^ or consolidated government official responsible for collecting consolidated government ad valorem property taxes shall, on the dates provided by law for the payment of taxes collected to the respective political subdivisions, pay over to the appropriate fiscal officer of each political subdivision having created a tax allocation district, out of taxes collected on behalf of such politi cal subdivision, including but not limited to taxes collected for a political subdivision or board of education consenting, pursuant to Code Section 36-44-9, to inclusion of

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its ad valorem taxes in the computation of tax allocation increments for that tax allo cation district, that portion, if any, which represents positive tax allocation increments payable to such political subdivision. (2) In addition, each county shall, upon receipt, pay over to the appropriate fiscal officer of each municipality having created a tax allocation district that portion, if any, of its general funds derived from the tax allocation district which have been pledged for payment or security for payment of tax allocation bonds and for payment of other redevelopment costs of the tax allocation district pursuant to Code Section 36-44-9.
(c) All positive tax allocation increments received for a tax allocation district shall be deposited into a special fund for the district upon receipt by the fiscal officer of the political subdivision. All general funds derived from the tax allocation district which have been pledged for payment or security for payment of tax allocation bonds and other redevelopment costs of the tax allocation district shall be deposited upon receipt into the special fund. Any lease or other contract payments made under the district's redevelopment plan shall also be deposited upon receipt into the special fund. Moneys derived from positive tax allocation increments, general fund moneys, and moneys derived from lease or other contract payments shall be accounted for separately within the special fund. Moneys shall be paid out of the fund only to pay redevelopment costs of the district or to satisfy claims of holders of tax allocation bonds issued for the dis trict. The local legislative body shall irrevocably pledge all or a part of such special fund to the payment of the tax allocation bonds. The special fund or designated part thereof may thereafter be used only for the payment of the tax allocation bonds and interest until they have been fully paid, and a holder of said bonds shall have a lien against the special fund or said designated part thereof pledged for payment of said bonds and may either at law or in equity protect and enforce the lien. General funds derived from the tax allocation district may be used for payment of tax allocation bonds only to the extent that positive tax allocation increments and lease or other contract payments in the special fund are insufficient at any time to pay principal and interest due on such bonds. Subject to any agreement with bondholders, moneys in the fund may be tempo rarily invested in the same manner as other funds of the political subdivision. After all redevelopment costs and all tax allocation bonds of the district have been paid or pro vided for, subject to any agreement with bondholders, if there remains in the fund any moneys derived from positive tax allocation increments, they shall be paid over to each county, municipality, consolidated government, or county or independent board of edu cation whose ad valorem property taxes were affected by the tax allocation district in the same manner and proportion as the most recent distribution by the county tax col lector or tax commissioner^ or municipal official responsible for collecting municipal ad valorem property taxes^ or consolidated government official responsible for collecting consolidated government ad valorem property taxes. If there remains in the fund any other moneys, they shall be paid over to each political subdivision which contributed to the fund in proportion to the respective total contribution each made to the fund."
SECTION 8. Said title is further amended by striking paragraph (2) of Code Section 36-44-13, relating to payment of redevelopment costs, and inserting in its place a new paragraph (2) to read as follows:
"(2) Payment from the general funds of a political subdivision subject to the limita tions of Code Sections 36-44-9 and 36-44-20;".
SECTION 9. Said title is further amended by striking subsections (c) and (e) of Code Section 36-44-14, relating to issuance of certain tax allocation obligations, and inserting in their place new subsections (c) and (e) to read as follows:
"(c) Tax allocation bonds, notes, or other obligations issued by a local legislative body under this chapter shall be payable solely from the property pledged, mortgaged, con veyed, assigned, hypothecated, or otherwise encumbered to secure or to pay such bonds, notes, or other obligations, which property shall be limited to real or personal property

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acquired pursuant to this chapter and the proceeds from any source from which redevel opment costs may be paid under Code Section 36-44-13, but subject to the limitations of Code Section Sections 36-44-9 and 36-44-20. Each such bond, note, or other obligation shall contain recitals as are necessary to show that it is only so payable and that it does not otherwise constitute an indebtedness or a charge against the general taxing power of the political subdivision or county or independent board of education consenting to the use of property taxes as a basis for computing tax allocation increments or a charge against its er their general taxing power consenting to the use of general funds derived from the tax allocation district." "(e) Tax allocation bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times not more than 26 30 years from their respective dates, shall bear interest at such rate or rates which may be fixed or may fluctuate or other wise change from time to time, shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the reso lution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the local legislative body authorizing the issuance of such tax allocation bonds, notes, or other obligations shall bind the members of the local legislative body then in office and their successors."
SECTION 10. Said title is further amended by striking Code Section 36-44-19, relating to certain con tractual agreements, and inserting in its place a new Code Section 36-44-19 to read as fol lows:
"36-44-19. A eewty r municipality political subdivision may enter into any contract relating to the exercise of its redevelopment powers under this chapter with any private persons, firms, corporations, or business entities for any period not exceeding 30 years. Such con tracts may include, without being limited to, contracts to convey or otherwise obligate real property for redevelopment under this chapter although that property has not yet been acquired at the time of contracting by the county or municipality."
SECTION 11. Said title is further amended by striking Code Section 36-44-20, relating to use of general funds, and inserting in its place a new Code Section 36-44-20 to read as follows:
"36-44-20.
Notwithstanding any other provisions of this chapter, a local legislative body may use, pledge, or otherwise obligate its general funds for payment or security for payment of tax allocation bonds issued or incurred under this chapter but only if those general funds are derived from a designated tax allocation district and used for payment or security for payment of tax allocation bonds issued or incurred under this chapter for redevelopment of that district and only to the extent that positive tax increments or lease or other contract payments asdr in that district's redevelopment pk special fund are insufficient any yea* at any time to pay principal and interest due on such bonds that year."
SECTION 12. Said title is further amended by striking Code Section 36-44-23, relating to intent with respect to certain powers, and inserting in its place a new Code Section 36-44-23 to read as follows:
"36-44-23.
The powers provided by this chapter are intended by the General Assembly to be cumu lative and supplemental to any powers heretofore provided by law for countiesj andmunicipalities! and consolidated governments of this state and not in lieu of any such heretofore existing powers."

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SECTION 13. Said title is further amended by striking Code Section 36-43-9, relating to termination of city business improvement districts, and inserting in its place a new Code Section 36-43-9 to read as follows:
"36-43-9.
Any district which is created or renewed pursuant to Code Section 36-42-6 36-43-5 shall terminate and cease to exist exactly five on a date specific no less than five years and no more than ten years from the date of its" creation or renewal by ordinance; tmtess

SECTION 14. All laws and parts of laws in conflict with this Act are repealed.
Representative Shanahan of the 10th moved that the House agree to the Senate sub stitute to HB 1485.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien
Y Andenon YAshe
Bailey Y Bannister YBarfoot
Barnard YBarnes Y Bates YBenefield
Birdsong Y Bohannoo Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner
Bunn Y Burkhalter YByrd Y CampbeU Y Canty YCaah YCbanneU YChilders Y Clark YCoan Y Coleman, B
Coleman, T Connell
Y Cooper Y Crawford
Crows

Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix YDixon YDobbs Y Dukes YEhrhart YKpps
Evans YEverett YFelton YPloyd Y Franklin Y Golden Y Graves YGreene
Y Grindley Y Hammontree
Manner Y Harbin Y Heard
Hecht YHeckstaU YHegstrom YHenson Y Holland
Y Holmes Y Houston Y Howard Y Hudgens
Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson Y James YJamieson Y Jenkins
Johnson Y Johnston
Y Joyce YKaye ELadd 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 Mueller YO'Neal YOrrock YParham

Parrish Y Parsons YPelote Y Perry YPinholster YPoag YPolak Y Ponder
Porter YPowell YPurcell YRagas
Randall YKay
Reaves Y Reichert YRice Y Richardson
Y Roberts Y Rogers Y Royal
Sanders Y Sauder Y Scarlett YScheid Y Scott Y Shanahan YShaw YSherrill YShipp YSims Y Sinkfleld
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 YSneUing YSnow Y Sellings YStancil, F Y Stancil, S Y Stanley, L
Y Stanley, P Y Stephens YTaylor YTeague YTeper Y Thomas Y TUhnan Y Titus YTolbert YTrense
TuraquMt 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, Spin-

On the motion, the ayes were 156, nays 0. The motion prevailed.

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.

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The following Senate substitute was read:

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, relating to marriage licenses and ceremony, so as to provide that the probate court may issue marriage licenses at such annex; to provide for conditions and limitations; to amend Code Section 21-2-213 of the Official Code of Georgia Annotated, relating to county deputy registrars, clerical help, and appointment of a county officer or employee as chief deputy registrar; to amend Article 1 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relative to coroners; 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 change the provisions relating to the compensation of sheriffs, clerks of the superior courts, judges of the probate courts, tax collectors and tax commissioners, chief deputy tax commissioners, chief magistrates, magistrates, clerks of superior or state courts serving as clerks of magistrate courts, magistrates or chief magistrates serving as clerks of the magis trate court, and coroners of certain counties; to correct certain cross-references; to provide for other matters relative to the foregoing; to amend Code Section 15-6-50 of the Official Code of Georgia Annotated, 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; to provide that noncompliance does not invalidate a clerk's actions; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by strik ing Code Section 15-6-17, relating to the time and place of holding superior court gener ally, and inserting in lieu thereof a new Code Section 15-6-17 to read as follows:
"15-6-17.
(a) One or more of the judges of the superior courts must hold the superior court of each circuit at the county site and courthouse, if any, of each county in the respective judicial circuit or at some other place at the county site designated by law not less than twice each year, at such times as are prescribed by the General Assembly; provided, however, that, in any county in which a state correctional institution, county correctional institution, or jail is located, one or more judges of the superior court of such county shall be authorized to conduct habeas corpus and other nonjury proceedings pursuant to Article 2 of Chapter 14 of Title 9 involving inmates of such state correctional institu tion, county correctional institution, or jail in a suitable room at the institution. Nothing in this Code section subsection shall be construed or interpreted to require any judge to conduct habeas corpus and other nonjury proceedings pursuant to Article 2 of Chap ter 14 of Title 9 involving inmates of such state correctional institution, county correc tional institution, or jail nor to establish any right of any inmate of any such correctional institution to have any habeas corpus and other nonjury proceedings pursu ant to Article 2 of Chapter 14 of Title 9 involving inmates of such correctional institu tions. (b) Notwithstanding any other provision of law to the contrary, in a county where the county site is located in an unincorporated area of the county, the county governing authority may construct one or more permanent satellite courthouses within the county and designate each such structure as a courthouse annex or otherwise establish each such structure as an additional courthouse to the courthouse located at the county site.

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The judges of the superior court in such county may hold sessions of superior court and conduct all other superior court business at the additional courthouse locations or at the courthouse at the county site. One or more of the judges of the superior court must hold a session of superior court at the county site not less than twice each year. All actions taken by a superior court judge at any additional courthouse in accordance with this subsection shall be fully valid and binding as though taken and performed at the county site."
SECTION 2. Said title is further amended by striking Code Section 15-6-18, relating to alternative loca tions of superior court, and inserting in lieu thereof a new Code Section 15-6-18 to read as follows:
"15-6-18.
(a) If for any cause it shall or may be impracticable to hold any session or sitting of any superior or state court at the courthouse or other place provided by law therefor, it shall be lawful to hold court and any session or sitting thereof at such place as the proper authorities of the county in and for which the court is to be held may from time to tune provide for such purpose, provided that except as provided in subsection (b) of this Code section no session or sitting of any superior court may be held under this sub section at any place other than the county site of the county of such court. (b) The provisions of this subsection shall apply only in a county in which there exists a state court with one or more courtrooms regularly utilized by the state court outside the county site. In any such county any session of superior court may be held outside the county site in a courtroom of the state court, subject to the following conditions and limitations:
(1) The senior judge or chief judge of superior court (such terms meaning the active judge who is senior in time of service) must enter a written order for such session of superior court to be so held outside the county site, and such order must incorporate a written finding that it is impracticable for the session of court to be held at the county site; (2) A judge of the state court must enter a written order consenting for such session of superior court to be held in the courtroom of the state court; (3) The holding of superior court sessions shall not affect the place of filing of docu ments to be filed with the superior court, except for documents filed in open court which may be filed where the session of court is held; and (4) Any state court making courtroom space available to the superior court under this subsection shall be authorized under the same rules to hold sessions of state court in facilities of the superior court. (c) Notwithstanding the provisions of subsection subsections (a) and (b) of this Code section;: (1) In each county of this state having a population of not more than 50,000 according to the United States decennial census of 1990 or any future such census, if for any cause it shall or may be impractical to hold any session or sitting of any superior or state court at the courthouse or other place provided by law therefor or if it should appear to the governing authority of the county that the best interest of the public would be served by the furnishing of alternate or additional facilities for the holding of any session or sitting of any superior or state court, it shall be lawful to hold court and any session or sitting thereof at such place or places as the govern ing authority of the county in and for which the court is to be held may from time to time, by appropriate resolution, provide for such purpose, provided that no session or sitting of any superior court or state court may be held under this subsection at any place that is not open to and accessible by the public; provided, further, that no criminal jury trial shall be conducted in such alternate or additional facility without the consent of the accused?; and (2) In each county of this state where the county site is located in an unincorporated area of the county and the governing authority of such county determines by. appro priate resolution that the best interest of the citizens of such county would be served

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by the construction of a courthouse annex or satellite courthouse outside the county sitejlt shall be lawful to hold anyleasion or sitting of superior or state court and to conduct all other related"business of the courts at such"annex or satellite courthouse. (d) All acts of a superior court or state court done at a place provided therefor by the county authorities, other than at the county courthouse or other place of holding such court as fixed by law, shall have the same force and effect as if the same had been done at the regular courthouse or other place fixed by law for the holding of such court, including the satisfaction of the requirements of Code Section 15-6-17."
SECTION 3.
Said title is further amended by striking Code Section 15-6-86, relating to the location of a superior court clerk's office in a place other than the courthouse and storage of records, and inserting in lieu thereof a new Code Section 15-6-86 to read as follows:
"15-6-86.
(a) In the event that the space at the courthouse is inadequate for the clerk's office and the things belonging thereto, the clerk, in writing, may request the governing authority of the county to move his or her office to some other designated place in the county. In his or her request, the clerk shall state the inadequacy which exists. The governing authority is authorized to comply with the request and may designate another place as the office of the clerk. Such place must be owned by the county or a body politic and shall not be more than 500 feet from the courthouse at their nearest points. The judge of the superior court of the circuit in which the county is located or the chief judge in those circuits having more than one judge must give written consent before the clerk shall be authorized to move his or her office to such place. (b) In the event that space at the courthouse or other place where the office of the clerk is located is inadequate to ensure the safe storage of records, the clerk, after obtaining written permission from the governing authority of the county and from the superior court judge of the circuit in which the county is located or the chief judge in those cir cuits having more than one judge, may cause the records to be stored at a data storage and retrieval facility within the State of Georgia. The clerk shall give public notice of the place of storage by posting notice at the courthouse. If documents are stored outside the county where the documents were created, the government entity shall:
(1) Bear all costs of transporting such documents back to the county of origin for pur poses of responding to requests under Article 4 of Chapter 18 of Title 50, relating to inspections of public records; and (2) Provide by contract for:
(A) Specific retrieval times in which documents requested shall be delivered; and (B) Payment of additional fees by the person requesting the document from the clerk for expedited service. (c)(l) Subject to the requirements of paragraph (2) of this subsection, in a county where the county site is located in an unincorporated area of the county and the county governing authority has constructed one or more permanent satellite court houses within the county and has further designated each such structure as a court house annex or has otherwise established each such structure as an additional courthouse to the courthouse located at the county site, the clerk of superior court shall be authorized to maintain his or her offices and all things belonging thereto including the permanent records at one of the additional courthouse locations or at the courthouse at the county site. The clerk of superior court may, but is not required to, maintain a satellite office at an additional courthouse which is not the location of the clerk of superior court's main office where the permanent records are kept. (2) The judge of the superior court of the circuit in which the county is located, or the chief judge if the county is a part of a circuit having more than one judge, must give written consent for the relocation or additional office, or both, and the county governing authority shall provide the necessary office space at the alternate or addi tional location, or both. (d) Notwithstanding any other provision of this Code section, county documents, as defined in subsection (c) of Code Section 36-9-5, shall be stored only in accordance with the provisions of Code Section 36-9-5."

THURSDAY, MARCH 19, 1998

2513

SECTION 4. Said title is further amended by striking Code Section 15-9-81, relating to additional loca tions for probate judges in certain counties, and inserting in lieu thereof a new Code Sec tion 15-9-81 to read as follows:
"15-9-81.
(a) Notwithstanding any other law, in all counties having a population in excess of 400,000 according to the United States decennial census of 1990 or any future such cen sus, where the governing authority of the county has established and constructed one or more permanent satellite courthouses within the county and has designated each structure as a courthouse annex or by similar designation has established each structure as an additional courthouse to the courthouse located at the county site, the judge of the probate court shall be authorized and empowered to keep and maintain his or her office or offices and all things belonging thereto at the additional courthouse locations and at the courthouse at the county site. Any and all actions taken by the judge of the probate court at any additional courthouse location, however same may be designated, which is established by the county governing authorities authority and designated as an additional courthouse location shall be as fully valid and binding as though taken and performed at the courthouse at the county site. 4fe> Nothing in this subsection {a} ef tfeis Code section shall authorize the maintenance of any permanent records at any location other than the courthouse located at the county site. (b) Notwithstanding any other law, in a county where the county site is located in an unincorporated area of the county and the county governing authority has constructed one or more permanent satellite courthouses within the county and has further desig nated each such structure as a courthouse annex or has otherwise established each such structure as an additional courthouse to the courthouse located at the county site, the judge of the probate court shall be authorized and empowered to keep and maintain his or her office or offices and all things belonging thereto at the additional courthouse loca tions and at the courthouse at the county site. Any and all actions taken by the judge of the probate court at any additional courthouse location, however same may be desig nated, which is established by such county governing authority and designated as an additional courthouse location shall be as fully valid and binding as though taken and performed at the courthouse at the county site."
SECTION 5. Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses and ceremony, is amended by striking Code Section 19-3-31, relating to the issuance of marriage license at satellite courthouses, and inserting in lieu thereof a new Code Section 19-3-31 to read as follows:
"19-3-31.
Notwithstanding any other law, in all counties having a population in excess of 400,000 according to the United States decennial census of 1990 or any future such census or in counties where the county site is located in an unincorporated portion of the county, the judge of the probate court or his or her clerk shall be authorized to issue the mar riage licenses provided for by Code Section 19-3-30 and to take and perform any and all other actions prescribed in Code Section 19-3-30 either at the courthouse located at the county site or at any permanent satellite courthouse within the county which has been established and constructed by the governing authority of the county and has been designated by the governing authority of the county as a courthouse annex or by similar designation has been established as an additional courthouse to the courthouse located at the county site."
SECTION 6. Title 15 of the Official Code of Georgia Annotated, relating to courts, is further amended by striking in its entirety subsection (c) of Code Section 15-6-50, relating to the term of office, qualifications, and training requirements for clerks of the superior courts, and inserting in lieu thereof the following:

2514

JOURNAL OF THE HOUSE,

"(c)(l) Any person who is elected or appointed as a clerk of the superior court after July 1, 1981, but before January 1 2000, and who was not serving as a clerk of the superior court on July 1, 1981, shall satisfactorily complete 40 hours of training in the performance of his or her duties and shall place file a certificate of training issued by the Institute of Continuing Judicial Education of Georgia en file with the judge of the probate court of the county in which he or she serves within one year from the date of his or her election or appointment in order to become a certified clerk of the supe rior court. On and after July 1^ 1998, each person who is elected or appointed as a clerk of the superior court shall also enter upon the minutes of the superior court in which he or she holds office a copy of the certificate of training issued by the institute of Continuing Judicial Education of Georgia. 43} Any person who is elected er appointed as eterit ef the superior ert after Jtriy *5 1081, and subject to the provisions of this paragraph who does not satisfactorily complete the training required by this paragraph {1} ef this subsection or who does not place file a certificate of training issued by the Institute of Continuing Judicial Education of Georgia e file with the judge of the probate court and enter a certifi cate of training into the minutes of the superior court within the time period required by paragraph (i) ef this subsection shall become a certified clerk of the superior court upon completion of the requirements at any later time. For each year the training requirements required by this paragraph {1} of- this subsection are not completed and the certificate is not placed on file, the clerk of the superior court will not receive credit for that year of service for determining eligibility for retirement under the Superior Court Clerks' Retirement Fund of Georgia. (2) Any person elected or appointed clerk of the superior court of any county of this state on or after January 1^ 2000, shall satisfactorily complete 40 hours of continuing judicial education prior to taking office and assuming the duties and responsibilities of his or her office. The clerk of superior court shall file a certificate of training issued by the Institute of Continuing Judicial Education of Georgia with the probate court and shall enter the certificate on the minutes of the superior court in the county in which he or she holds office. Upon completing such 40 hour curriculum, the clerk shall become a certified clerk of the superior court. The training requirements of this para graph shall not apply to persons subject to the provisions of paragraph (1) of this sub section. On and after July l^ 1998, the curriculum for all training programs required by this paragraph and paragraph (1) of this subsection shall be approved by the Supe rior Court Clerks Training Council. (3) Effective July 1, 1983, after the initial year of training as required in paragraph
paragraphs (1) and (2) of this subsection, each clerk of the superior court shall com plete 15 hours of additional training per annum during each year in which he or she
serves as a clerk of the superior court and shall file a certificate of additional training issued by the Institute of Continuing Judicial Education of Georgia with the judge of
the probate court in his or her county. On and after July l^ 1998, the certificate of training shall be entered upon the minutes of the superior court in which the clerk
of the superior court holds office. For each year the training requirements of this par
agraph are not completed and the certificate is not placed en file filed as required by this paragraph, the clerk of the superior court will not receive credit for that year of
service for determining eligibility for retirement under the Superior Court Clerks' Retirement Fund of Georgia; provided, however, that, if a clerk fails to take the
required training in any given year, he or she may, upon written notice to the Supe rior Court Clerks Training Council, make up such deficiency in the next succeeding
year and . In such event, the clerk shall file the appropriate certificate of additional
training with the judge of- th probate ceart in the manner provided in this paragraph. (4) A clerk of the superior court may appoint an employee of his or her office as clerk
pro tempore for a period not exceeding five days per year in order for the clerk to attend training authorized or required by this subsection or by any other Code section.
If any clerk, because of a lack of personnel in his or her office, is unable to appoint an employee of his such office as clerk pro tempore for this purpose, then the judge

THURSDAY, MARCH 19, 1998

2515

of the probate court shall serve as clerk pro tempore for such period. The appoint ment of clerk pro tempore shall be approved by the judge of the superior court and recorded in the minutes of the court. (5) All reasonable expenses of training authorized or required by this subsection, including any tuition which may be fixed by the Institute of Continuing Judicial Edu cation of Georgia, shall be paid by the clerk taking the training but shall be reim bursed from county funds by the county governing authority. (6) The failure to file the certificate required by this subsection or the failure to com plete the judicial education required by this subsection shall not invalidate any act or actions taken by the clerk."

SECTION 7. Said title is further amended by striking Code Section 15-6-88, relating to minimum sala ries for clerks of the superior courts, and inserting in its place the following:
"15-6-88.
(a) Any other provision of law to the contrary notwithstanding, the minimum annual salary of each clerk of the superior court in each county of this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 or any future such census. Except as other wise provided in subsection (b) of this Code section, each such clerk shall receive an annual salary, payable in equal monthly installments from the funds of the county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 -- 5,999.............................................................$ 6,000 -- 11,889............................................................. 11,890 -- 19,999............................................................. 20,000 -- 28,999............................................................. 29,000 -- 38,999............................................................. 39,000 -- 49,999............................................................. 50,000 -- 74,999............................................................. 75,000 -- 99,999............................................................. 100,000 -- 149,999............................................................. 150,000 -- 199,999............................................................. 200,000 -- 249,999............................................................. 250,000 -- 299,999.............................................................

18.440.0021.780.00 3fe334^929.910.00 a8#gk9033.882.00 30,786.0036.301.00 82,783.0038.720.00 84.833.0041.142.00 36^88^043.563.00 37.007.0044.772.00 38,031.0045.982.00 30.066.0047.192.00 40,080.0048.402.00 66.672.0066.936.00

300,000 -- 399.999.. 400,000 -- 499,999.. 500,000 or more ......
(b) On and after July 1, 1004 1998, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, and in subsection (b) of Code Section 15-10-105, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (a) of Code Section 15-6-90, where applicable shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the mini mum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, and in subsection (b) of Code Section 15-10-105, or the amounts derived through the appli cation of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic

2516

JOURNAL OF THE HOUSE,

changes in the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, in subsection (b) of Code Section 15-10-105, or the amounts derived through the application of longevity increases, as authorized by this subsection shall become effective on the first day of January following the date that the
cost-of-living increases or general performance based increases received by state employ ees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amounts
fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, and in subsection (b) of Code Section 15-10-105, or the amounts derived by increasing each of said amounts through the application of longevity increases pursu
ant to subsection (a) of Code Section 15-6-90, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state
employees become effective. (c) This Code section shall not be construed to reduce the salary of any clerk of the superior court in office on July 1, 1991; provided, however, that successors to such clerks
in office on July 1, 1991, shall be governed by the provisions of subsections (a) and (b) of this Code section. (d) The county governing authority may supplement the minimum annual salary of the
clerk of the superior court in such amount as it may fix from time to time; but no clerk's compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the clerk's salary in the manner authorized
by this subsection is ratified and confirmed. Nothing contained in this subsection shall prohibit the General Assembly by local law from supplementing the annual salary of the clerk."

SECTION 8. Said title is further amended by striking Code Section 15-6-89, relating to additional remuneration for clerks of the superior courts for certain services, and inserting in its place the following:

"15-6-89.
In addition to the minimum salary provided in Code Section 15-6-88 or any other salary provided by any applicable general or local law, each clerk of the superior court of any county who also serves as clerk of a state court, city court, juvenile court, or civil court under any applicable general or local law of this state shall receive for his or her services in such other court a salary of not less than $200.00 $236.25 per month, to be paid from the funds of the county. In the event any such court for which a clerk of the superior court is serving as clerk is abolished, the clerk of the superior court shall not be entitled to any salary heretofore received for service in such court."

SECTION 9.
Said title is further amended by striking subsection (a) of Code Section 15-9-63, relating to the schedule of minimum salaries of judges of the probate courts, and inserting in its place the following:
"(a)(l) Any other laws to the contrary notwithstanding, the minimum annual salary of each judge of the probate court in this state shall be fixed according to the popula tion of the county in which he or she serves, as determined by the United States decennial census of 1990 or any future such census. Each such judge of the probate court shall receive an annual salary, payable in equal monthly installments from the funds of his or her county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 -- 5,999.............................................................$ 6,000 -- 11,889............................................................. 11,890 -- 19,999............................................................. 20,000 -- 28,999............................................................. 29,000 -- 38,999............................................................. 39,000 -- 49,999.............................................................

J3i36feee20.511.00 83^30^627.083.00 26.471.0030.084.00 38^39^833.235.00 31^3^0636.769.00 32.836.0038.783.00

THURSDAY, MARCH 19, 1998

2517

50,000 -- 74,999............................................................. 75,000 -- 99,999............................................................. 100,000 -- 149,999............................................................. 150,000 -- 199,999............................................................. 200,000 -- 249,999............................................................. 250,000 -- 299,999............................................................. 300 000 Gt mnTp. 30o!oOO -- 399,999.............................................................. 400,000 -- 499.999.............................................................. 500,000 or more..................................................................

36,337.0041,737.00 38,024.0045.973.00 42,611.0050.210.00 4?#6fe0055,936.00 63^e?r0961.662.00 64^6^9664.435.00
66 003 00 67J209.00 70.209.00 73.209.00

(2) On and after July 1, 1004 1998, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the mini mum salary schedule in paragraph (1) of this subsection and in Code Section 15-9-64, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to Code Section 15-9-65, where applicable shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-9-64, or the amounts derived through the applica tion of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-9-64, or the amounts derived through the applica tion of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effec tive on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection and in Code Section 15-9-64, or the amounts derived by increasing each of said amounts through the application of longev ity increases pursuant to Code Section 15-9-65, where applicable, as authorized by this paragraph shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (3) The county governing authority may supplement the minimum annual salary of the judge of the probate court in such amount as it may fix from time to time: but no probate judge's compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the probate judge's salary in the manner authorized by this paragraph is ratified and confirmed. Nothing con tained in this paragraph shall prohibit the General Assembly by local law from supple menting the annual salary of the probate judge."

SECTION 10. Said title is further amended by striking Code Section 15-9-64, relating to supplementation of minimum salaries of judges of the probate courts, and inserting in its place the follow ing:
"15-9-64.
The amount of minimum salary provided in Code Section 15-9-63 for the judges of the probate courts of any county presently on a salary who also hold and conduct elections or are responsible for conducting elections for members of the General Assembly under any applicable general or local law of this state shall be increased by $200.00 $236.25 per month. The amount of the minimum salary provided in Code Section 15-9-63 for the judges of the probate courts on a salary who are responsible for traffic cases under

2518

JOURNAL OF THE HOUSE,

any general or local law of this state shall also be increased by $360.00 $295.25 per month."

SECTION 11. Said title is further amended by striking paragraph (3) of subsection (a) of Code Section 15-10-23, relating to minimum compensation of magistrates, and inserting in lieu thereof the following:
"(3) Unless otherwise provided by local law, effective January 1, 1998, the chief mag istrate of each county who serves in a full-time capacity other than in those counties where the probate judge of the probate court serves as chief magistrate shall receive a minimum annual salary of the amount fixed in the following schedule:

Population

Minimum Salary

0 -- 5,999., 6,000-- 11,889.. 11,890-- 19,999., 20,000-- 28,999. 29,000-- 38,999.. 39,000-- 49,999., 50,000-- 74,999. 75,000-- 99,999.. 100,000 -- 149,999.. 150,000 -- 199,999., 200,000 -- 249,999.., 250,000 -- 299,999.. 300,000 or more......

17 fl66 00 18.783.00 nn AOA AA 24.801.00 27.549.00 or Ant e\r\
JJU,^ I A.uu
no 1 OQ AA 31.365.00 o -t -I n-t /\A 33.671.00 35.515.00 on oog f\f\
UU,UUU.UU
36 337 00 38.221.00 go AOji AA 42.100.00 jig KIT QQ 45.980.00 An OCA AA 51.223.00 56.467.00 en ne\fi An
U4j,UU I UU
64 566 00 59.007.00 fifi nAQ AA 61.546.00

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

SECTION 12. Said title is further amended by striking subsection (c) of Code Section 15-10-23, relating to minimum compensation of magistrates, and inserting in lieu thereof the following:
"(c) Effective January -, 1006, unless Unless otherwise provided by local law, each mag istrate who serves in a full-time capacity other than the chief magistrate shall receive a minimum monthly salary of $2,600.06 $2,812.00 per month or 90 percent of the monthly salary of the chief magistrate, whichever is less. Effective January 1; 1006, 8 All other magistrates shall receive a minimum monthly salary of the lesser of $4W6 $16.22 per hour or 90 percent of the monthly salary of the chief magistrate; provided, however, that notwithstanding any other provisions of this subsection, no magistrate who serves in less than a full-time capacity shall receive a minimum monthly salary of less than $400.00 $432.64. The county governing authority may supplement the mini mum annual salary of each magistrate in such amount as it may fix from time to time; but no such magistrate's compensation er supplement shall be decreased during any term of office. Nothing contained in this subsection shall prohibit the General Assembly by local law from supplementing the annual salary of any magistrates."

SECTION 13. Said title is further amended by striking Code Section 15-10-105, relating to selection of clerks of the magistrate courts and their compensation and eligibility, and inserting in its place the following:
"15-10-105.

THURSDAY, MARCH 19, 1998

2519

(a) The General Assembly may provide by local law for the superior court clerk or state
court clerk to serve as clerk of magistrate court or for the selection of some other person as the clerk of magistrate court and for the compensation of the clerk of magistrate court. In the absence of local law, the selection and compensation of the clerk of magis
trate court shall be as provided by subsections (b), (c), and (d) of this Code section. (b) With the consent of the clerk of superior court the county governing authority may provide that the clerk of superior court shall serve as clerk of magistrate court and shall be compensated for his or her services as clerk of magistrate court in an amount not
less than $30&eO $236.25 per month. With the consent of the clerk of the superior court and clerk of the state court, the county governing authority may provide that the state court clerk shall serve as clerk of magistrate court and shall be compensated for his or
her service as clerk of magistrate court in an amount not less than $200.00 $236.25 per month. Such compensation shall be retained by the clerk of superior court as his or her personal funds without regard to whether he or she is otherwise compensated on a fee basis or salary basis or both.
(c) If the clerk of superior court or the clerk of state court does not serve as clerk of magistrate court, then the county governing authority may provide for the appointment
by the chief magistrate of a clerk to serve at the pleasure of the chief magistrate. A clerk of magistrate court so appointed shall be compensated in an amount fixed by the county governing authority at not less than $200.00 $236.25 per month.
(d) If there is no clerk of magistrate court, the chief magistrate or some other magis trate appointed by the chief magistrate shall perform the duties of clerk. A chief magis trate performing the duties of clerk, or another magistrate appointed by the chief
magistrate to perform the duties of clerk, shall receive, in addition to any other compen sation to which he or she is entitled, compensation for performing the duties of clerk, the amount of which compensation shall be fixed by the county governing authority at not less than $200.00 $236.25 per month.
(e) The compensation of the clerk or magistrate performing the duties of clerk shall be paid in equal monthly installments from county funds.
(f) The clerk shall be required to be at least 18 years of age and shall possess a high school diploma or its equivalent. The clerk shall not be subject to a residency require ment.
(g) In any case any magistrate may perform any duty to be performed by the clerk."

SECTION 14.
Said title is further amended by striking subsection (a) of Code Section 15-16-20, relating to minimum annual salaries of the sheriffs, and inserting in its place the following:
"(a)(l) Any other law to the contrary notwithstanding, the minimum annual salary of each sheriff in this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 or any future such census. Except as otherwise provided in paragraph (2) of this sub section, each such sheriff shall receive an annual salary, payable in equal monthly installments from the funds of the sheriffs county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 -- 5,999.............................................................$ 6,000 -- 11,889............................................................. 11,890 -- 19,999............................................................. 20,000 -- 28,999............................................................. 29,000 -- 38,999............................................................. 39,000 -- 49,999............................................................. 50,000 -- 74,999............................................................. 75,000-- 99,999............................................................. 100,000 -- 149,999............................................................. 150,000 -- 199,999............................................................. 200,000 -- 249,999.............................................................

36#9ft0930.697.00 20.002.0034.254.00 83.306.0039.337.00 36^78^643.315.00 40.040.0047.292.00 43.410.0051.272.00 46.777.0055.249.00 48^67^057.127.00 40.067.0059.005.00 61.736.0061.105.00 63^3^063.205.00

2520

JOURNAL OF THE HOUSE,

250,000 -- 299,999.............................................................
QfvA A/\A __ ^_J ,,,,. UUUfWJU ^"^ U1IU U(J ..>..*>>*>.....>>
300.000 -- 399.999.............................................................. 400,000 -- 499.999.............................................................. 500,000 -- and up...............................................................

68^34^969.182.00
gg Xt Q rtA W7f^AJJUU
77.259.00 80.259.00 83.259.00

(2) On and after July 1, 1994 1998, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the mini mum salary schedule in paragraph (1) of this subsection and in Code Section 15-16-20.1, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (b) of this Code section, where applicable, shall be increased by the same percentage or same amount applica ble to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary sched ule in paragraph (1) of this subsection, and in Code Section 15-16-20.1, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Plan ning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-16-20.1, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases received by state employees become effective; pro vided, however, that if the cost-of-living increases or general performance based increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-16-20.1, or the amounts derived through the appli cation of longevity increases, as authorized by this paragraph shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (3) The county governing authority may supplement the minimum annual salary of the sheriff in such amount as it may fix from time to time; but no sheriffs compensa tion supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the sheriffs salary in the manner authorized by this paragraph is ratified and confirmed. Nothing contained in this paragraph shall pro hibit the General Assembly by local law from supplementing the annual salary of the sheriff."

SECTION 15. Said title is further amended by striking Code Section 15-16-20.1, relating to additional minimum salary for sheriffs, and inserting in its place the following:
"15-16-20.1.
In addition to the minimum salary provided in Code Section 15-16-20, the sheriff of any county who performs the duties of a sheriff for a state court, probate court, magistrate court, juvenile court, or county recorder's court under any applicable general or local law of this state shall receive for his or her services in such court or courts a salary of not less than $300.00 $236.25 per month, to be paid from the funds of the county. A sheriff who serves in more than one such court shall receive only one such salary."

SECTION 16.
Code Section 21-2-213 of the Official Code of Georgia Annotated, relating to county dep uty registrars, clerical help, and appointment of a county officer or employee as chief dep uty registrar, is amended by striking subsection (c) of said Code section and inserting in its place the following:

THURSDAY, MARCH 19, 1998

2521

"(c) In every county wherein the registrars do not maintain an office which is open and staffed during regular business hours, the registrars shall designate and appoint as chief deputy registrar a full-time county officer or employee for the purpose of registering eli gible electors and performing other duties as may be required by the board of registrars. The governing authority of the county shall provide for the compensation of the chief deputy registrar in an amount not less than $200.00 $236.25 per month. The name, busi ness address, telephone number, and any other pertinent information relative to the chief deputy registrar shall be forwarded by the registrars to the Secretary of State's office, where such information shall be maintained on file."

SECTION 17. Article 1 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relative to coroners, is amended by inserting a new Code section to be designated Code Section 45-16-11 to read as follows:

"45-16-11.
In any county which is the site of more than one state correctional institution or prison for adults or juveniles and which compensates the county coroner by salary, the state shall compensate the county coroner in the amount of $100.00 for each state inmate death in such county. The county coroner of such a county is authorized to accept the compensation provided in accordance with this Code section despite any local Act which requires such a coroner to send fees to the county treasury or the county governing authority."

SECTION 18. Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, is amended by striking subsection (g) of Code Sec tion 48-5-137, relating to tax collectors and tax commissioners as ex officio sheriffs, and inserting in its place the following:
"(g) Each tax collector or tax commissioner who is compensated on a salary basis and who is authorized to act as an ex officio sheriff under this Code section and whose office performs substantially all of the duties of the sheriff with respect to tax executions shall be entitled to a salary of $200.00 $236.25 per month for his or her service as ex officio sheriff. Such compensation shall be in addition to any other compensation to which such tax commissioner or tax collector is entitled. Such additional compensation shall not be paid to any tax commissioner who is compensated solely by the fee system of compensa tion; but such compensation shall be paid to any tax commissioner who is compensated in part by fees and in part by a salary. Such compensation shall be paid in equal monthly installments from county funds."

SECTION 19. Said article is further amended by striking subsection (b) of Code Section 48-5-183, relat ing to salaries of tax collectors and commissioners, and inserting in its place the following:
"(b)(l) Any other law to the contrary notwithstanding, except for the provisions of paragraph (2) of this subsection, the minimum annual salary of each tax collector and tax commissioner who is compensated by an annual salary shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 or any future such census. Each such officer shall receive an annual salary, payable in equal monthly installments from the funds of his or her county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 -- 5,999.............................................................$ 6,000 -- 11,889............................................................. 11,890 -- 19^999............................................................. 20,000 -- 28,999............................................................. 29,000 -- 38,999............................................................. 39,000 -- 49,999.............................................................

17.026.0020.108.00 a^3?&9025.126.00 2oPo<ynyQ28t326.00 26.640.0030.165.00 27^664^032.674.00 3636feOe36.437.00

2522

JOURNAL OF THE HOUSE,

50,000 -- 74,999............................................................. 75,000 -- 99,999............................................................. 100,000 -- 149,999............................................................. 150,000 -- 199,999............................................................. 200,000 -- 249,999............................................................. 250,000 -- 299,999............................................................. 300 000 and more SOOJOOO -- 399,999............................................................. 400.000 ^^499^999.............................................................
500,000 and more ...............................................................

36,180.0042.732.00 3836ae45.868.00 4^891049.003.00 44,303.0052.325.00 4frH4l055.647.00 60,811.0060.013.00
64 607 00 64,379.00 67,379.00
70,379.00

(2) On and after July 1, 1004 1998, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the mini mum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection {b} {c| of Code Section 21-2-212 21-2-213, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (d) of this Code section, where applicable shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary sched ule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection <fe> (& of Code Section 21-2 212 21-2-213, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Plan ning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection {b} (& of Code Section 21 2-212 21-2-213, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January follow ing the date that the cost-of-living increases received by state employees become effec tive; provided, however, that if the cost-of-living increases or general performance based increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applica ble, in subsection {b} {c| of Code Section 21 2'212 21-2-213, or the amounts derived through the application of longevity increases as authorized by this paragraph, shall become effective on the same date that the cost-of-living increases or general perform ance based increases received by state employees become effective.
(3) The county governing authority may supplement the minimum annual salary of the tax commissioner in such amount as it may fix from time to time: but no tax com missioner's compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the tax commissioner's salary in the manner authorized by this paragraph is ratified and confirmed. Nothing con tained in this paragraph shall prohibit the General Assembly by local law from supple menting the annual salary of the tax commissioner."

SECTION 20.
Said article is further amended by striking subsection (b) of Code Section 48-5-212, relat ing to chief deputy tax receiver, collector, or commissioner; appointment; duties; and assumption of duties in the office of tax commissioner, and inserting in lieu thereof the following:
"(b) Except as otherwise provided in Code Section 48-5-128.1, in any county in which a chief deputy tax commissioner has been appointed pursuant to subsection (a) of this

THURSDAY, MARCH 19, 1998

2523

Code section and said chief deputy meets all qualifications for the office of tax commis sioner, the chief deputy tax commissioner shall assume the duties of the office of the tax commissioner upon the death, resignation, incapacity, or inability of such tax com missioner of any such county to serve. Such chief deputy shall serve until such time as the incapacity or inability of such tax commissioner is removed or until January 1 fol lowing the next succeeding general election which occurs more than 60 days after the occurrence of the vacancy or the expiration of the remaining term of office, whichever occurs first. The chief deputy tax commissioner shall receive no additional compensation for performing the duties of such tax commissioner except in cases involving the death or resignation of such tax commissioner, in which case the chief deputy shall receive the same compensation, paid in the same manner, as such tax commissioner would have received less any longevity raises received by the previous tax commissioner. If the next succeeding general election is not one at which county officers are elected and is more than 60 days after the occurrence of the vacancy and unless the incapacity or inability of such tax commissioner is removed prior to such election, a duly qualified person shall be elected tax commissioner at a special election held at the same time as the general election. The person so elected shall take office on January 1 following such election and shall serve for the remainder of the unexpired term of office."
SECTION 21. Sections 1 through 5 of this Act shall become effective January 1, 1999. Notwithstanding the provisions of Code Section 1-3-4.1, the remaining sections of this Act shall become effective on July 1, 1998.
SECTION 22. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Harbin of the 113th moves to amend the Senate substitute to HB 1413 as follows:
Page 4 line 42 after court insert:
or grand jury.

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

Y Alien YAndenon YAshe N Bailey Y Bannister YBarfoot Y Barnard
Barnes Y Bates
Benefield Birdsong YBohannon N Bordeaux Y Bradford YBreedlove N Bridges N Brooks Y Brown YBuck YBuckner NBunn YBurkhalter YByrd Y Campbell N Canty

Y Cash Y Channel! NChilders N Clark N Coan YColeman, B
Coleman, T Connell Y Cooper Y Crawford N Crews Y Culbreth Cummings Y Davis, G Y Davis, M Y Day DeLoach, B DeLoach, G YDix Y Dixon Y Dobbs Y Dukes Y Ehrhart Epps Y Evans

Y Everett Y Felton Y Floyd N Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree
Manner Y Harbin Y Heard N Hecht Y Heckstall Y Hegstrom
Henson Y Holland Y Holmes Y Houston Y Howard N Hudgens Y Hudson, H Y Hudson, N N Hugley Y Irvin

N Jackson James Jamieson
Y Jenkins Y Johnson
Johneton Jones N Joyce Kaye E Ladd N Lakly Y Lane Lee Y Lewis Y Lord Y Lucas Maddox Mann Y Manning Martin, J Y Martin, J.L N Massey Y McBee N McCall Y McClinton

McKinney N Mills Y Mobley Y Moeley Y Mueller N O'Neal Y Orrock
Parham Y Fairish Y Parsons N Pelote N Perry
Pinholster N Poag Y Polak Y Ponder N Porter
Powell Y Purcell Y Ragas
Randall Ray Reaves Y Reichert N Rice

2524

JOURNAL OF THE HOUSE,

Y Richardson Roberts
Y Rogers Y Royal N Sanders YSauder
YScarlett YScheid Y Scott Y Shanahan
YShaw

NSherrill YShipp YSims
Sinkfield
Y Skipper
Y Smith, C Y Smith, C.W
Smith, L Y Smith, L.R N Smith, P Y Smith, T

N Smith, V Smyre
NSnelling Snow
Y Stallinge Y Stancil, F
Stancil, S Stanley, L Stanley, P Y Stephens N Taylor

Teague YTeper
Thomas NTUlman Y Titus Y Tolbert
Trense Turnquest NTwiggs Walker, L Y Walker, R.L

On the adoption of the amendment, the ayes were 99, nays 38. The amendment was adopted.

Y Watson West
N Westmoreland NWhitaker Y Wiles Y Williams, B N Williams, J Y Williams, R Y Worthan NYates
Murphy, Spkr

Representative Jackson of the 112th moved that HB 1413 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

N Alien N Andenon NAshe Y Bailey N Bannister NBarfoot N Barnard NBarnes
Bates Benefield Birdsong NBohannon N Bordeaux N Bradford NBreedlove Y Bridges N Brooks N Brown NBuck N Buckner YBunn N Burkhalter NByrd N Campbell Y Canty NCash NChannell YChilders N Clark YCoan NColeman, B Coleman, T Connell N Cooper N Crawford N Crews

N Culbreth Cummings
Y Davis, G Davis, M
NDay DeLoach, B DeLoach, G
NDix N Dixon NDobbs N Dukes N Ehrhart
Epps N Evans N Everett NFelton NFloyd Y Franklin N Golden N Graves NGreene
Grindley N Hammontree
Hanner N Harbin N Heard YHecht YHeckstall NHegstrom NHenson N Holland N Holmes N Houston N Howard
Hudgens N Hudson, H

N Hudson, N Y Hugley Nlrvin Y Jackson
James Jamieson NJenkins Johnson Johns ton Y Jones Y Joyce YKaye ELadd YLakly NLane Lee N Lewis NLord N Lucas N Maddox YMann N Manning Martin, J N Martin, J.L YMassey NMcBee YMcCall N McClinton McKinney Y Mills N Mobley YMosley N Mueller YO'Neal NOrrock Parham

On the motion, the ayes were 40, nays 100. The motion was lost.

NParrish N Parsons N Pelote
Perry Y Pinholster YPoag NPolak N Ponder Y Porter
Powell NPurcell NRagas
Randall Ray Reaves N Reichert Rice N Richardson Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett Y Scheid N Scott Shanahan NShaw YSherrUl NShipp NSims N Sinkfleld N Skipper N Smith, C N Smith, C.W Smith, L

N Smith, L.R Y Smith, P N Smith, T Y Smith, V
Smyre NSnelling NSnow NStallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P N Stephens Y Taylor Teague NTeper N Thomas YTillman Y Titus N Tolbert Trense Turnquest YTwiggs Walker, L Y Walker, R.L N Watson West Y Westmorland YWhitaker N Wiles N Williams, B N Williams, J N Williams, R N Worthan YYates Murphy, Spkr

Representative Barnes of the 33rd moved that the House agree to the Senate substi tute, as amended by the House, to HB 1413.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Andenon YAshe
Bailey Y Bannister

YBarfoot Y Barnard Y Barnes Y Bates
Benefield

Birdsong Y Bohannon
Y Bordeaux Y Bradford
Breedlove

Y Bridges Y Brooks Y Brown YBuck Y Buckner

YBunn Y Burkhalter YByrd Y Campbell Y Canty

THURSDAY, MARCH 19, 1998

YCash Y Channel! Y Guilders Y Clark YCoan YColeman, B
Coleman, T Connell Cooper Y Crawford Y Crews Y Culbreth Cummings Y Davis, G Y Davis, M YDay DeLoach, B DeLoach, G YDii YDixon YDobbs Y Dukes YEhrhart
Eppe Y Evans Y Everett
Y Felton YFloyd Y Franklin
Y Golden Y Graves

Y Greene Y Grindley Y Hammontree
Manner Y Harbin Y Heard YHecht YHeckstall YHegstrom YHenson Y Holland Y Holmes Y Houston
Howard YHudgens Y Hudson, H Y Hudson, N
Hugley Ylrvin
Jackson Y James
Jamieson Y Jenkins
Johnson Y Johnston Y Jones Y Joyce
Kaye ELadd YLakly YLane

Lee Y Lewis
Lord Y Lucas Y Maddoi YMann Y Mflnpipg
Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton
McKinney YMills Y Mobley YMoeley
Mueller YO'Neal
Orrock Parham YParrish Y Parsons Y Pelote Y Perry Pinholster YPoag YPolak Y Ponder Y Porter Y Powell

YPurceU YRagas
Randall
YRay Reaves
Y Reichert
YRice Y Richardson
Roberts Y Rogers Y Royal Y Sanders Y 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
Smyre

On the motion, the ayes were 137, nays 0. The motion prevailed.

2525
YSnefflng YSnow YStallings Y StancU, F
StancU, S Y Stanley, L Y Stanley, P Y Stephens
Taylor Teague YTeper Y Thomas YTilhnan Y Titus YTolbert Trense Turnquest YTwiggs Walker, L Y Walker, R.L Y Watson West Y Westmoreland YWhitaker Y Wiles Williams, B Y Williams, J Y Williams, R Y Worthan Yates Murphy, Spkr

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 Senate amendment was read:

Amend HB 1707 by striking line 36 on page 7 and inserting in lieu thereof the following:
"$5,000.00 per day; provided, however, that in no instance shall any person be both lia ble for a civil penalty under this subsection and subjected to a criminal prosecution pur suant to subsection (f) of this Code section. Upon a showing that a civil proceeding has been commenced to assess a civil penalty, a court to which a criminal citation for a vio lation of subsection (f) of this Code section has been presented shall stay the criminal proceeding until the civil penalty proceeding has been completed. If a civil penalty is assessed, the criminal proceeding shall be dismissed."

Representative McCall of the 90th moved that the House agree to the Senate amend ment to HB 1707.
On the motion, 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

Benefield Birdsong Y Bohannon

Y Bordeaux Y Bradford
Breedlove

2526

JOURNAL OF THE HOUSE,

Bridges Brooks Y Brown YBuck Y Buckner NBunn Y Buikhaltei YByid Y Campbell Y Canty YCash YChannell Y Childen Y Clark Coan Coleman, B Coleman, T YConneU Y Cooper Crawford Y Crews Y Culbreth
Y DaTM, M Day
YDeLoach, B DeLoach, G Dii
YDfcon YDobbe Y Dukes
Khrhart

Epps Y Evans
Everett Felton YFloyd N Franklin Y Golden Y Graves YGreene YGrindley Hammontree Y Manner Y Harbin Y Heard Hecfat YHeckstall Hegstrom Henson Y Holland
Y Holmes Y Houston Y Howard Y Hudgens
Hudson, H Y Hudson, N YHugley Ylrvin
Jackson Y James Y Jamieson Y Jenkins
Johnson Y Johnston

Y Jones Y Joyce
Kaye ELadd
Lakly YLane
Lee Y Lewis YLord
Lucas Y Maddox
YMann Y Manning
Martin, J Y Martin, J.L
YMassey YMcBee YMcCall Y McClinton
McKinney Y Mills Y Mobley
Mosley MueUer YO-Neal
YOrrock YParham YParrish Y Parsons Y Pelote Y Perry
Pinholster
YPoag

YPolak Ponder
Y Porter Y Powell YPurcell YRagas
Randall YRay
Reaves Y Reichert YRice
Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder 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 Smith, P Y Smith, T

On the motion, the ayes were 128, nays 2. The motion prevailed.

Y Smith, V YSmyre YSnelling
Snow YStallings Y Stancil, F
StancC, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas YTilhnan Y Titus Y Tolbert YTrense
Turnquest YTwiggs
Walker, L Y Walker, RX Y Watson YWest
Westmoreland Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R
YWorthan YYates
Murphy, Spkr

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 following Senate amendments were read:

Senate Amendment No. 1

Amend HB 1633 by striking line 27 on page 2 and inserting in lieu thereof the following: "signs warning of the latent defect have not been conspicuously posted;".

Senate Amendment No. 2

Amend HB 1633 by inserting on line 6 of page 1 immediately following the words and symbol "notices;" the following:
"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 that the Department of Natural Resources may issue, without fee, courtesy nonresident fishing licenses to certain paralyzed or disabled veterans participating in a fishing tournament sponsored by a nonprofit chari table association of paralyzed veterans;"
By inserting between lines 21 and 22 of page 3 the following:

THURSDAY, MARCH 19, 1998

2527

"SECTION 2. Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, per mits, and stamps generally, is amended by adding immediately following Code Section 27-2-4.1 a new Code Section 27-2-4.2 to read as follows:
'27-2-4.2.

The department is authorized to issue a courtesy nonresident fishing license, without fee, to any person who is not a resident of this state who is a paralyzed or disabled vet eran and who is participating in an organized fishing tournament in this state which is sponsored and conducted by a nonprofit charitable association of paralyzed or disabled veterans. Such courtesy nonresident license shall be valid for use only during the speci fied dates of such tournament and for a maximum of seven days.'"
By redesignating Sections 2 and 3 as Sections 3 and 4, respectively.

Representative McCall of the 90th moved that the House agree to the Senate amend ments to HB 1633.
On the motion, the roll call was ordered and the vote was as follows:

Alien YAndenon
Ashe Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates
Benefield Birdsong YBohannon Y Bordeaux Y Bradford Breedlove Bridges Brooks Y Brown YBuck
Y Buckner YBunn
Y Burkhalter YByrd
Y Campbell Y Canty
Cash Y Channel!
YChilders Y Clark
Coan Coleman, B
Coleman, T Connell
Y Cooper Crawford
Y Crews

Y Culbreth Cumminga
Y Davis, G Davis, M Day
YDeLoach, B DeLoach, G Diz
YDixon YDobbs
Dukes Ehrhart Epps Y Evans YEverett Felton YPloyd Y Franklin
Y Golden Y Graves YGreene YGrindley
Hammontree Y Manner Y Harbin Y Heard
Hecht YHeckstall
Hegstrom Henaon 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 ELadd YLakly YLane
Lee Y Lewis YLord
Lucas Y Maddoi YMann
Manning Y Martin, J Y Martin, J.L YMassey YMcBee Y McCall Y McClinton
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 YPowell YPurcell
YRagas Randall
Ray Reaves Y Reichert YRice Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett Scheid Y Scott Y Shanahan YShaw Y Sherrffl YShipp YSims Sinkfield
Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Smith, P Smith, T
Y Smith, V YSmyre YSnelling YSnow YStallings
Stancil, F Y Stand], S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper Y Thomas YTillman
Titus YTolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson Y West Y Westmorland
Whitaker Y Wiles YWmiams,B Y Williams, J Y Williams, R
Worthan YYates
Murphy, Spkr

On the motion, the ayes were 129, nays 0. The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

2528

JOURNAL OF THE HOUSE,

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.

Representative Williams of the 114th moved that the House insist on its position in disagreeing to the Senate amendment to HB 1448 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 Parham of the 122nd, Williams of the 114th and Harbin of the 113th.

The following Bill of the House was taken up for the purpose of considering the Sen ate amendment thereto:

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.

The following Senate amendment was read:

Amend HB 155 by inserting following the period at the end of line 3 of page 2 the follow ing:
"The combined total costs of all three assessors shall not exceed $500.00 per day."
By striking "or presiding officers" from lines 23 and 24 of page 3.
By inserting "at least five calendar days" between "time" and "before" on line 37 of page 4.
By striking "three" and inserting in its place "five" on line 43 of page 4.
By inserting following the period at the end of line 10 of page 5 the following:
"Notwithstanding the number of condemnees or any other persons having a right or interest in the property, only one assessor shall be selected on behalf of all such con demnees or interested parties."
By striking "three" and inserting in its place "five" on line 14 of page 5.
By inserting "calendar" between "five" and "days" on line 20 of page 5.

Representative Dobbs of the 92nd moved that the House agree to the Senate amend ment to HB 155.
On the motion, the roll call was ordered and the vote was as follows:

Alien Y Andenon YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield
Biidsong YBohannon Y Bordeaux Y Bradford Y Breedlove
Y Bridges Brooks
Y Brown Buck
Y Buckner NBunn Y Burkhalter YByrd Y Campbell Y Canty YCash Y Channel! Y Childers Y Clark
Coan Y Coleman, B
Coleman, T Connell Y Cooper Y Crawford Y Crews

THURSDAY, MARCH 19, 1998

Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDii YDiion YDobbs Y Dukes YEhrhart
Epps Evans YEverett YFelton YFloyd Y Franklin Y Golden Y Graves YGreene Y Grindley Hanunontree 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 Hugley
Ylrvin Y Jackson Y James Y Jamieson Y Jenkins
Johnson Y Johnston
Jones Y Joyce YKaye ELadd
Lakly YLane YLee Y Lewis YLord
Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee
McCall Y McClinton
McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham

YParrish Y Parsons
Pelote Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Powell YPurcell YRagas Randall Ray Reaves Y Reicbert YRice Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Scheid Y Scott YSbanahan YShaw YSherrill YShipp YSime Sinkfield Skipper Y Smith, C Y Smith, C.W Y Smith, L

On the motion, the ayes were 139, nays 1. The motion prevailed.

2529
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 Y Titus Y Tolbert YTrense Turaquest YTwiggs Y Walker, L Y Walker, R.L Y Watson Y West Westmorland Whi taker Y Wiles Y Williams, B Y Williams, J Y Williams, R Worthan YYates Murphy, Spkr

The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House substituting the same:

SB 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.

Representative Skipper of the 137th moved that the House recede from its position in insisting on substituting SB 522.
The motion prevailed.

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

2530

JOURNAL OF THE HOUSE,

The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:

HB 1430.

By Representatives Powell of the 23rd, Parham of the 122nd, Lee of the 94th 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 President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Tanksley of the 32nd, Hill of the 4th and Ray of the 48th.

The Senate insists on its substitutes to the following bills of the House:

HB 274. By Representative Childers of the 13th:
A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Anno tated, relating to psychologists, so as to change the provisions relating to immunity from liability for certain good faith actions.

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.

The Speaker assumed the Chair.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

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 Senate substitute was read:

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 certain provisions relating to training requirements and certifi cation as a judge of the probate court; to change provisions relating to failure to complete training required for judges of the probate courts; to provide for administrative and hard ship extensions for failure to complete initial training or minimal credit hours annually; to provide for notification of the Judicial Qualifications Commission and a recommenda tion for removal from office in certain circumstances; to remove provisions relating to pri vate admonitions, hearings, and reprimands; to provide an effective date; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 19, 1998

2531

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 their entirety subsections (b) and (d) of Code Section 15-9-1.1, relating to required training courses for judges of the probate courts, and inserting in lieu thereof new subsections (b) and (d) to read as follows:
"(b) Any person who is elected, appointed, or becomes a judge of the probate court by operation of law after January 1, 1990, and who does not satisfactorily complete the ini tial training course prescribed by the Probate Judges Training Council and the Institute of Continuing Judicial Education of Georgia or who does not file a certificate of such training issued by the Institute of Continuing Judicial Education of Georgia with the Probate Judges Training Council within one year after taking office as a judge of the probate court shall; subject to subsection (d) of this Code section, become a certified judge of the probate court upon completion of such requirements at any later time." "(d){4) Any judge who fails to become a certified judge within one year after taking office as a judge of the probate court or to earn the required cumulative annual minimal credit hours of training during any two year one-year period after the initial year of training may be given a six-month administrative extension by the Probate Judges Training Council during which to fulfill this requirement. Individual requests for exten sions beyond the initial six-month extension for reasons of disability, hardship, or exten uating circumstance may be approved on a case bj case basis by_ the Probate Judges Training Council. Upon failure to earn the required hours within the six-month exten sion period or additional extension period or periods granted, the Probate Judges Train ing 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 from the Probate Judges
J.TfilHiH OOUUdr Wltll ft COpy Or SUCft QuDlOllltlOn gOlH TO n t-jfllCl u UStICC Or TnG
Supreme Court.
tLK11nC flOniinlniFrCn Tn7Tf tAt JinUtUegrCn TtnO flUulilflizlIl +UV1iCo 1t-r1nCiUnlilrlUxgr rICm-^iiUipllnCullilnCnlltvno HU1U11*l1lnllog* fuluTjirv tHti1rJn.Cf>C_
pcpioci( toe .rPODflic *Juu6S i penning oouncii sfiAii iiOLiry sucu JUQ^C or prouutc eert of the feflttte te meet the training requirements and conduct -a shew ftttse hear ing; At the hearing, the training council shall determine whether ft reasonable esese exists for the judge's fettteer M the training eettneil determines the e*ease was *easenablc, it may grafrt an extension ef- up te sis months within which att unfulfilled mandateuy training hettfs; together with current rcquircmeHtsr m8t be met. K the training eetmeH finds that there was no reasonable e*euse for seh failure, it shaH isse a reprimond and send it te the Supreme Court (or approval. Oral arguments stay %e heard
UHQGF *flC TUl69 Or TftC b UpPC DSC OOXH*v- TI tll 1*6 pH III ftRi tS &pp POVCfl Dy tn& O UpPCID C
TnG PCpPlQlQACr Sflflli WO HlfluC pUDrlC tflPOU^ll pOStlH^ ftt tllC COUPtllOUSC Hft lHG
where the jedge presides and publishing seh reprimand enee a week for a peried of fovot conaccutivc 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.

Representative Channell of the lllth moved that the House agree to the Senate sub stitute to HB 516.
On the motion, the roll call was ordered and the vote was as follows:

Alien YAndenon
YAshe Y Bailey

Y Bannister Y Barfoot
Y Barnard Y Barnes

Y Bates Y Benefield
Y Birdsong Y Bohannon

Y Bordeaux Bradford
Y Breedlove Y Bridges

Y Brooks Y Brown
Buck Y Buckner

2532

JOURNAL OF THE HOUSE,

YBunn Y Burkhalter YByrd Y Campbell Y Canty YCash YChannell Y ChUdera Y Clark YCoan Y Coleman, B
Coleman, T YConneU
Cooper Y Ciawford
Crews Culbreth Y Cununifigs Y Davis, G Y Davis, M YDay Y DeLoach, B YDeLoach, G Dii Y Dixon YDobbs
Y Dukes Ehrhart
YEppe Evans
Y Everett Y Felton

YFloyd Y Franklin Y Golden Y Graves YGreene
Grindley Hammontree Y Banner Y Harbin Y Heard YHecht YHeckstall YHegstrom YHenson
Y Holland Y Holmes Y Houston Y Howard Y Hudgens
Hudson, H Y Hudson, N
Hugley Ylrvin
Y Jackson Y James Y Jamieson YJenkins
Johnson Y Johnston
Jones Y Joyce
Kaye

ELadd Lakly
YLane YLee Y Lewis YLord
Lucas Y Maddox YMann
Manning Y Martin, J Y Martin, J.L YMassey YMcBee
McCall Y McClinton
McKinney Y Mills Y Mobley YMosley Y MueUer Y O'Neal
Orrock YParham YParrish Y Parsons YPelote
Perry Y Pinholster YPoag YPolak Y Ponder

On the motion, the ayes were 141, nays 0. The motion prevailed.

Y Porter Y Powell
Purcell
YRagas Randall
YRay Reaves
Y Reichert YRice Y Richardson
Roberts Y Rogers Y Royal Y Sanders Y Sauder
Scarlett Scheid Y Scott YShanahan YShaw Y SherrUl YShipp YSims
Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R
Smith, P Y Smith, T Y Smith, V

Smyre Y Snelling YSnow YStallings
Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens
Taylor Teague YTeper Y Thomas YTfflman 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 YWorthan Y Yates
Murphy, Spkr

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1394

The Committee of Conference on HB 1394 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1394 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Cagle Senator, 49th District

/s/ Channell Representative, lllth District

/s/ Griffin Senator, 25th District

/s/ Rogers Representative, 20th District

/s/ Ray Senator, 48th District

/s/ Lane Representative, 146th District

THURSDAY, MARCH 19, 1998

2533

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. ft}(2) 'Class A vessel' means a boat less than 16 feet in length. {3K3) '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 400 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.
(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 stay be rented, leased, e let te a person age 13 through 16 years if- st*eh person is accompanied by and under the dweet supervision ef- a adult 48 years ef- age ef elder: Stteh person saaH -be under direct supervision if- he ef she is within sight ef hearing distance ef- the adttlt. (d) No person shall operate a personal watercraft on the waters of this state after sunset or before sunrise; unless, such person is engaged in the enforcement of the laws of this state or this nation. (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.

2534

JOURNAL OF THE HOUSE,

(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 tit excess of- five miles per hear at a speed greater than idle speed within 100 feet of any moored or anchored vessel; any vessel adrift, or any shore; wharf, dock, pier, piling, bridge struc ture or abutment, er 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 June 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; if tat adttlt 18 yean ef- age or elder is aboard the vessel and stteh Adttlt is net in violation ef- the provisions ef Code Section 62-7-12, rekrt-
ift tO Wie OpCFftt-lOH Or VeSSelS ftnd OtlieP UCV1CCS UHuCP ulC lfliiUeHC ^i ftiCOflOi OP QPU9J

pCFSOIl Snftxx we UHluCT ulFGCt SUpCFVlSlOFl n ft OP Sfte M Wlu\lH 9111T OP JlCftTlH^ CllSuUlCc
ef the adttlt or is under direct supervision by an adult age 18 or over. 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 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 stieh ehild er ward has either oucccssfully completed a personal watercraft safety program approved by the department; is accompanied abeard the vessel by a adult 3* years- ef-age er elder who-
Or vessels find oilier devices under tne miiuence of ftieoziol OP dru^js} OP 19 under uie dipeCv supervision of &R ciduit ~to yecu?s 01 fle OP older wfto is not under uio miiucncc ef ateehel er drags as provided in ede Section 62-7 12. 9*6 department may? -but shall net be required tej conduct er provide personal watercraft safety coursoa te the pttblte."

THURSDAY, MARCH 19, 1998

2535

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) A person age 16 or over may operate any vessel or personal watercraft on any of the waters of this state, and such person shall have in such vessel proper identification. (b) A person age 14 or 15 may operate a vessel other than a personal watercraft or nonmotorized Class A vessel on any of the waters of this state in compliance with Code Sec tion 52-7-8.2, and such person may operate any other vessel if such person:
(1) Is accompanied by an adult age 18 or over who is authorized to operate such ves sel under the provisions of subsection (a) of this Code section; (2) Has completed a safe boating course approved by the department or is under direct supervision by an adult age 18 or over; or (3) Is operating a Class A vessel utilizing mechanical means of propulsion of ten horsepower or less and has completed a safe boating course approved by the depart ment. (c) A person age 12 or 13 may operate any Class A vessel utilizing mechanical means of propulsion not exceedig 30 horsepower, under the conditions set forth in paragraphs (1) through (3) of subsection (b) of this Code section. Such person may operate a per sonal watercraft in compliance with Code Section 52-7-8.2, and such person may operate monmotorized Class A vessels without restriction. (d) 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. (e) 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 400 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. (f) 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)(A) As used in this paragraph, the term 'medical facility' means any licensed general or specialized hospital, institutional infirmary, public health center, or diag nostic and treatment center. The term also includes, without being limited to, any building or facility, not under the operation or control of a hospital, which is pri marily devoted to the provision of surgical treatment to patients not requiring hospitalization and which is classified by the Department of Human Resources as an ambulatory surgical treatment center. (B) Any:
(i) Physician, including any doctor of medicine licensed to practice under the laws of this state; (ii) Licensed registered nurse employed by a medical facility; (iii) Security personnel employed by a medical facility; or

2536

JOURNAL OF THE HOUSE,

(iv) Other personnel employed by a medical facility whose employment duties involve the care and treatment of patients therein having cause to believe that a patient has had physical injury or injuries inflicted upon him or her as a result of a reportable boating accident shall report or cause reports to be made in accordance with this paragraph. (C) An oral report shall be made immediately by telephone or otherwise and shall be followed by a report in writing, if requested, to the person in charge of the medi cal facility or his or her designated delegate. The person in charge of the medical facility or his or her designated delegate shall then notify the local law enforcement agency having primary jurisdiction in the area in which the medical facility is located of the contents of the report. The report shall contain the name and address of the patient, the nature and extent of the patient's injuries, and any other infor mation that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator. (D) Notwithstanding any other provision of law, copies of medical records relating to the treatment of such patient shall be furnished to the investigatory law enforce ment officer of the department, or any local, state or federal law enforcement agency upon receipt of a written request or subpoena issued by such law enforce ment agency or the prosecuting attorney having jurisdiction over such accident. Such medical records shall be handled in a manner which assures the confidentiality of such records. (E) Any person or persons participating in the making of a report or causing a report to be made to the appropriate police authority pursuant to this paragraph or participating in any judicial proceeding or any other proceeding resulting there from shall in so doing be immune from any civil liability that might otherwise be incurred or imposed, providing such participation pursuant to this paragraph shall be in good faith."
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), (h), and (i) 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 vessel which is moored, anchored, or adrift outside normal traffic channels, or any wharf, dock, pier, piling, bridge structure or abutment, person in the water, or shoreline adjacent to a full-time or part-time resi dence, public park, public beach, public swimming area, marina, restaurant, or other public use area. This subsection shall not be interpreted to prohibit any person from ini tiating or terminating waterskiing from any wharf, dock, or pier owned by such person or used by such person with the permission of the owner of said wharf, dock, or pier nor shall it be interpreted to prohibit the immediate return of a tow vessel to a downed water skier.

THURSDAY, MARCH 19, 1998

2537

(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. (i) Subsections (f), (g), and (h) of this Code section shall not apply to ocean-going ships or to tugboats or other powered vessels which are assisting ocean-going ships during transit or during docking or undocking maneuvers."
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

Representative Channel! of the lllth moved that the House adopt the report of the Committee of Conference on HB 1394.
On the motion, the roll call was ordered and the vote was as follows:

Alien YAndereon
YAshe Y Bailey Y Bannister YBarfoot
Barnard YBaraes Y Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove
Y Bridges Y Brooks Y Brown YBuck
Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty YCash YChannell Y Childers N Clark YCoan Y Coleman, B
Coleman, T YConnell Y Cooper Y Crawford
Crews

Y Culbreth Y Cummings Y DaTM, G Y Oavis, M NDay YDeLoach, B
DeLoach, G YDix YDizon YDobbs Y Dukes
YEhrhart YEpps
Evans
YEverett YPelton YFloyd N Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard
Hecht Y Heckstall YHegstrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley
Irvin Jackson Y James Y Jamieson YJenkins Johnson Y Johnston Y Jones N Joyce NKaye ELadd 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 N Mueller YCWeal Orrock Parham

YParrish Y Parsons Y Pelote
Perry Y Pinholster YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas
Randall
YRay Reaves
Y Reichert YKce Y Richardson
Roberts Y Rogers Y Royal N Sanders Y Sauder N Scarlett YScheid 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, P Y Smith, T N Smith, V
Smyre YSnelling YSnow
Stailings Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Thomas YTillman Y Titus YTolbert YTrense Y Turnquest YTwiggs 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 N Yates
Murphy, Spkr

On the motion, the ayes were 143, nays 11. The motion prevailed.

The following Bills and Resolution of the House were taken up for the purpose of con sidering the Senate substitutes thereto:

2538

JOURNAL OF THE HOUSE,

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 following Senate substitute was read:

A BILL
To amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to gen eral provisions relative to property, so as to provide exemptions to the requirement to dis close certain information when such disclosure is prohibited by or constitutes a violation of federal or state laws or regulations; to provide that no disclosure of information regard ing certain prior criminal activity of certain individuals is required; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provi sions relative to property, is amended by striking in its entirety Code Section 44-1-16, relating to disclosures in real estate transactions, and inserting in lieu thereof a new Code Section 44-1-16 to read as follows:
"44-1-16.
(a)(l) No cause of action shall arise against an owner of real property or the agent of such owner for the failure to disclose in any real estate transaction the fact or sus picion that such property:
4t)(A) Is or was occupied by a person who was infected with a virus or any other disease which has been determined by medical evidence as being highly unlikely to be transmitted through the occupancy of a dwelling place presently or previously occupied by such an infected person; or 43KB) Was the site of a homicide or other felony or a suicide; provided, however, an owner or the agent of such owner shall; except as provided in par agraph (2) of this subsection, answer truthfully to the best of such owner's or agent's knowledge; any question concerning the provisions of paragraph 41} er 42} f this Code section subparagraph (A) or (B) of this paragraph. (2) An owner or agent of such owner shall not be required to answer any question if answering such question or providing such information is prohibited by or constitutes a violation of any federal or state law or rule or regulation, expressly including without limitation the federal Fair Housing Act as now or hereafter amended or the state's fair housing law as set forth in Code Section 8-3-200 through Code Section 8-3-223. (b) No cause of action shall arise against an owner of real property or the agent of such owner for the failure to disclose in any real estate transaction any information or fact which is provided or maintained or is required to be provided or maintained in accord ance with Code Section 42-9-44.1."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Powell of the 23rd moved that the House agree to the Senate substi tute to HB 1274.

THURSDAY, MARCH 19, 1998

2539

On the motion, the roll call was ordered and the vote was as follows:

Y Alien YAndenon YAshe Y Bailey
Bannister YBarfoot Y Barnard YBarnes Y Bates
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! YChilden
Clark YCoan
Y Coleman, B YColeman, T YConneU
Y Cooper YCrawford Y Crews

Y Culbreth Y CuBuninfn Y Davis, G Y Davis, M YDay
DeLoach, B
Y DeLoach, G YDfc YDixon YDobbs Y Dukes Y Ehrhart YEpps
Evans YEverett Y Felton
Floyd Y Franklin Y Golden Y Graves
YGreene YGrindley Y Hammontree Y Manner Y Harbin Y Heard
Hecht YHeckstall YHegstrom YHenson Y Holland Y Holmes
Houston Y Howard YHudgens
Hudson, H

Y Hudson, N Y Htigley
Irvin Jackson Y James Y Jamieson YJenktas Johnson Y Johnston Jones Y Joyce YKaye ELadd YLakly
YLane YLee YLewis
YLord Lucas
YMaddoi
YMann Y Manning
Martin, J Y Martin, J.L YMassey YMcBee
McCall Y McClinton
McKinney Y Mills Y Mobley Y Mosley Y Mueller YO-Neal
Orrock YParham

On the motion, the ayes were 151, nays 0. The motion prevailed.

YParriah Y Parsons Y Pelote
Perry YPinholster
YPoag YPolak
Y Ponder Y Porter Y Powell YPurcell
YRagas YRandall YRay
Reaves
Y Reichert YRice Y Richardson
Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett 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
Smyre YSnelling YSnow YStallings
Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper
Thomas YTiUman Y Titus Y Tolbert 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 Y Yates
Murphy, Spkr

HR 825. By Representative Powell of the 23rd:
A resolution authorizing the conveyance of certain state owned real property located in Franklin County.

The following Senate substitute was read:

A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Franklin County, Georgia; authorizing the conveyance of certain state owned real property located in Bibb County, Georgia; authorizing the conveyance of certain state owned real property located in Richmond County, Georgia; 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 Franklin County, Georgia;
(2) Said real property is all that tract or parcel of land lying and being in Franklin County, Georgia, containing approximately 2.75 acres, being known as Rice Mill Road, described in EXHIBIT "A" of that certain Revocable License Agreement dated August 26, 1997, and being Real Property Record No. 8980, on file in the offices of the State

2540

JOURNAL OF THE HOUSE,

Properties Commission, and may be more particularly described on a plat of survey pre pared by a Georgia registered land surveyor and presented to the State Properties Com mission for approval;
(3) Said property is under the custody of the Georgia Department of Natural Resources;
(4) Franklin County is desirous of widening and improving the above-described Rice Mill Road as it crosses Victoria Bryant State Park;
(5) By resolution dated April 23, 1997, the Georgia Board of Natural Resources approved of the conveyance of the above-described property to Franklin County; and
WHEREAS:
(1) The State of Georgia is the owner of a certain parcel of real property located in Bibb County, Georgia;
(2) Said real property is all that tract or parcel of land lying and being in Bibb County, Georgia, containing approximately 0.34 of one acre, as described as Parcel 46 on that highway construction drawing entitled "Clinton Road STA 24+50 to 20+50 Right of Way" on file in the offices of the State Properties Commission, and may be more partic ularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;
(3) Said property is under the custody of the Georgia Department of Defense;
(4) Bibb County is making certain highway improvements along Clinton Road in Bibb County;
(5) Said road improvements will require that Bibb County acquire the above-described state property;
(6) By letter dated November 5, 1997, the Department of Defense stated it had no objection to the conveyance and would benefit from the conveyance; and
WHEREAS:
(1) The State of Georgia is the owner of a certain parcel of real property located in the City of Augusta, Richmond County, Georgia;
(2) Said real property is all that tract or parcel of land lying and being in the City of Augusta, Richmond County, Georgia, containing approximately 0.70 of one acre as described in accordance with that certain plat of survey prepared by Bennie C. Harbin, Georgia Registered Land Surveyor No. 1725, dated June 6, 1997, on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;
(3) Said property is under the custody of the Georgia Department of Juvenile Justice and is a portion of the Richmond County Regional Youth Development Campus;
(4) Richmond County is improving a portion of State Highway 56 at the intersection with Phinizy Road in the City of Augusta, Richmond County;
(5) Augusta-Richmond County is desirous of obtaining the subject property in order to provide said road improvements;
(6) By letter dated August 13, 1997, the Department of Juvenile Justice approved of the transfer of the property to Augusta-Richmond County.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

THURSDAY, MARCH 19, 1998

2541

ARTICLE I
SECTION 1. That the State of Georgia is the owner of the above-described real property located in Franklin 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 located in Franklin County shall be conveyed by appropriate instrument to Franklin County by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $10.00 so long as the property is used for public purposes 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 Frank lin County shall expire three years after the date that this resolution becomes effective.
SECTION 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 5. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Franklin County and a recorded copy shall be forwarded to the State Properties Commis sion.
ARTICLE II
SECTION 6. That the State of Georgia is the owner of the above-described real property located in Bibb 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 7. That the above-described real property located in Bibb County shall be conveyed by appropriate instrument to Bibb County by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $10.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 8. That the authorization in this resolution to convey the above-described property to Bibb County shall expire three years after the date that this resolution becomes effective.
SECTION 9. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 10. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Bibb County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE III
SECTION 11. That the State of Georgia is the owner of the above-described real property located in Richmond 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.

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JOURNAL OF THE HOUSE,

SECTION 12. That the above-described real property located in Richmond County shall be conveyed by appropriate instrument to Augusta-Richmond County by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $10.00 so long as the property is used for public purposes and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 13. That the authorization in this resolution to convey the above-described property to Augusta-Richmond County shall expire three years after the date that this resolution becomes effective.
SECTION 14. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 15. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Richmond County and a recorded copy shall be forwarded to the State Properties Com mission.
ARTICLE IV
SECTION 16. That all laws and parts of laws in conflict with this resolution are repealed.

Representative Powell of the 23rd moved that the House agree to the Senate substi tute to HR 825.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien YAndenon
YAahe Bailey Bannister
YBarfoot Y Barnard YBarnes Y Bates YBenefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck
Buckner YBunn Y Burkhalter
Byrd Y Campbell Y Canty YCash Y Channel! YChilden
Clark Coan
YColeman, B Y Coleman, T Y Cornell Y Cooper YCrawford Y Crews

Y Culbreth Y CummiiigB Y Davis, G Y Davis, M YDay YDeLoach,B Y DeLoach, G YDix YDixon YDobbs Y Dukes YEhrhart YEpps
YEverett Y Felton YFloyd Y Franklin Y Golden
Graves YGreene Y Grindley Y Hammontree
Hanner Y Harbin Y Heard
Hecht YHeckstall YHegstrom YHenson Y Holland Y Holmes
Houston Y Howard Y Hudgens
Hudson, H

Y Hudson, N Y Hugley
Irvin Jackson
Y James Y Jamieson
Jenkins Johnson Y Johnston Jones Y Joyce Kaye ELadd YLakly YLane YLee Y Lewis Lord Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney YMills Y Mobley Y Mosley Mueller Y O'Neal YOrrock YParham

YParrish Y Parsons
Pelote Y Perry Y Pinholster
YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas YRandall YRay
Reaves Y Reichert YRice Y Richardson
Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y 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 Y Smith, V
Smyre YSnelling YSnow
StaUings Stancil, F Y Stancil, S Stanley, L Stanley, P Stephens Y Taylor YTeague YTeper Thomas YTillman Y Titus Y Tolbert YTrense Turnquest YTwiggs Walker, L 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

THURSDAY, MARCH 19, 1998

2543

On the motion, the ayes were 143, nays 0. The motion prevailed.

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 Senate substitute was read:

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 pri vate passenger motor vehicle in an open manner and fully exposed to view or in the glove compartment, console, or similar compartment of the vehicle; to provide that any person in possession of a valid permit issued pursuant to Code Section 16-11-129 may carry a handgun in any location in a motor vehicle; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes, so as to change the provisions relating to justifica tion for use of threats or force; so as to provide for immunity where use of threats or force is justified; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-11-126 of the Official Code of Georgia Annotated, relating to the offense of carrying a concealed weapon, is amended by striking subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 16-11-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition. This Code section shall not forbid any person who is not among those enu merated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle in an open manner and fully exposed to view or in the glove compartment^ console, or similar compartment of the vehicle; provided, however, that any person in possession of a valid permit issued pursu ant to Code Section 16-11-129 may carry a handgun in any location in a motor vehicle."
SECTION 1.1. Title 16 of the Official Code of Georgia Annotated, relating to crimes, is amended by add ing following Code Section 16-3-24 the following:
"16-3-24.1.
As used in Code Sections 16-3-23 and 16-3-24, the term 'habitation' means any dwelling, motor vehicle, or place of business, and 'personal property' means personal property other than a motor vehicle."
SECTION 1.2. Title 16 of the Official Code of Georgia Annotated, relating to crimes, is amended by add ing following Code Section 16-3-24 the following:

2544

JOURNAL OF THE HOUSE,

"16-3-24.2. A person who uses threats or force in accordance with Code Section 16-3-23 or 16-3-24 shall be immune from criminal prosecution therefor unless any deadly force used by such person utilizes a weapon the carrying or possession of which is unlawful by such person under Part 2 or 3 of Article 4 of Chapter 11 of Title 16."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Teper of the 61st moves to amend the Senate substitute to HB 1360 as follows:
On page 2 after the word "be" on line 18 add
", after a preliminary investigation,".

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

Y Alien YAndenon NAahe
Bailey N Bannister
NBarfoot N Barnard
NBaraea N Bates
Benefield NBirdeong NBohannon Y Bordeaux N Bradford NBreedlove
N Bridges Y Brooks N Brown
Buck YBuckner NBunn NBurkhaltor NByrd N Campbell Y Canty NCaah N Channel!
Childen N Clark NCoan NColeman, B NColeman, T NConnell N Cooper NCrawford
Crewi

N Culbreth
YDavia,G NDavia, M NDay NDeLoach, B NDeLoach,G NDix NDixon NDobb* Y Dukes NEhrhart YEpp. N Evans NEverett NFelton NFloyd N Franklin N Golden N Graves NGnene NGrindley N Hammontree N Banner N Harbin N Heard NHecht NHeckstall YHegstrom
Henion N Holland Y Holmes
Houston Y Howard
Hudgens N Hudson, H

N Hudson, N YHugley NIrvin N Jackson Y James N Jamieson N Jenkins
Johnson
N Johnston Jones
N Joyce NKaye ELadd NLakly NLane
Lee N Lewis NLord
LUCAS Maddoi NMann N Manning Y Martin, J N Martin, J.L NMassey YMcBee NMcCall Y McClinton N McKinney N Mills N Mobley NMoeley NMueller YO'Neal YOrrock N Parham

NParrish N Parsons Y Pelote N Perry N Pinholster NPoag
Polak N Ponder N Porter NPowell NPurceU YRagas YRandall NRay N Reaves NReichert NRice N Richardson
Roberts N Rogers N Royal N Sanders NSauder N Scarlet! NScheid N Scott N Shanahan NSnaw NSherrill NShipp YSinu Y Sinkfield N Skipper N Smith, C N Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 30, nays 129. The amendment was lost.

N Smith, L.R N Smith, P N Smith, T N Smith, V N Smyre NSnelling NSnow
Stallings Stancil F N Stancil, S Stanley, L Y Stanley, P N Stephens Y Taylor YTeague Y Teper Y Thomas Tillman N Titus NTolbert NTrense Y Turnquest NTwiggs N Walker, L N Walker, R.L N Watson NWest N Westmorland NWhitaker N Wiles N Williams, B N Williams, J N Williams, R NWorthan NYates Murphy, Spkr

Representative Powell of the 23rd moved that the House agree to the Senate substi tute to HB 1360.
On the motion, the roll call was ordered and the vote was as follows:

THURSDAY, MARCH 19, 1998

2545

N Alien NAndenon YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates
Benefield YBirdsong YBohannon N Bordeaux Y Bradford YBreedlove Y Bridges N Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell N Canty YCash
Y Channel! Childen
Y Clark YCoan
Y Coleman, B Y Coleman, T YConnell
Y Cooper Y Crawford Y Crews

Y Culbreth Y Cunmungs N Davis, G Y Davis, M YDay YDeLoach, B YDeLoach, G YDix YOizon NOobbg N Dukes YEhrhart YEpps Y Evans YEverett Y Felton YFloyd Y Franklin
Y Golden Y Graves YGreene Y Grindley YHammontree Y Banner Y Harbin Y Heard YHecht YHeckstall NHegstrom NHenson Y Holland N Holmes Y Houston N Howard YHudgens Y Hudson, H

Y Hudson, N NHugley Ylrvto Y Jackson N James Y Jamieson Y Jenkins
Johnson Y Johnston
Jones Y Joyce YKaye ELadd YLakly YLane
Lee Y Lewis YLord
Lucas Maddox YMann Y Manning N Martin, J Y Martin, JX YMassey NMcBee YMcCall Y McClinton Y McKinney Y Mills N Mobley YMosJey Mueller NO'Neal NOrrock YParham

YParrish Y Parsons N Pelote Y Perry Y Pinholster YPoag
Polak Y Ponder Y Porter YPowell YPurcell NRagas NRandall YRay Y Reaves YReichert YRice
Y Richardson Roberts
Y Rogers Y Royal
Y Sanders Sauder
YScarlett YScheid Y Scott Y Shanahan YShaw NSherrill 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 NSmyre YSnelUng YSnow
YStaUings Stand], F
Y Stancil, S N Stanley, L N Stanley, P Y Stephens NTaylor NTeague NTeper N Thomas
Tillman 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 motion, the ayes were 133, nays 32. The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House amending the same:

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.

Representative Parrish of the 144th moved that the House recede from its position in insisting on amending SB 474.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Anderson
YAshe Bailey
Y Bannister YBarfoot Y Barnard YBarnes Y Bates

Benefield YBirdsong YBohannon
Y Bordeaux Y Bradford
Breedlove
Bridges Y Brooks Y Brown

EBuck Y Buckner
Bunn
Y Burkhalter YByrd Y Campbell Y Canty YCash Y Channel!

Y Childen Y Clark YCoan Y Coleman, B Y Coleman, T YConnell Y Cooper
Crawford Y Crews

Culbreth Y Cuuuntuxs
Y Davis, G Y Davis, M YDay Y DeLoach, B YDeLoach, G YDix YDixon

2546

JOURNAL OF THE HOUSE,

YDobbe Y Dukes
Ehrhart YEpps Y Evans YEverett YFelton
YFloyd Y Franklin
Y Golden Y Graves YGreene YGrindley Y Hammontree YHanner Y Harbin Y Heard YHecht YHeckstall
Hegstrom YHenson Y Holland Y Holmes Y Houston
Howard YHudgens
Hudson, H

Y Hudson, N YHugley Ylrvin
Y Jackson Y James Y Jamieson Y Jenkins
Johnson Y Johnston
Jones
Y Joyce YKaye ELadd YLakly YLane YLee Y Lewis
Lord 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
O'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

Roberts Y Rogers Y Royal
Sanders Y Sauder YScarlett Y Scheid 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
Smith, T Smith, V YSmyre YSnelling YSnow Y Stallings Stancil, F

On the motion, the ayes were 147, nays 0. The motion prevailed.

Y Stancil, S Stanley, L Stanley, P
Y Stephens Y Taylor YTeague
Teper Y Thomas YTillman Y Titus Y Tolbert YTrense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest
Westmoreland Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Worthan YYates Murphy, Spkr

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1730

The Committee of Conference on HB 1730 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1730 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Mary Margaret Oliver Senator, 42nd District

/s/ Larry Walker Representative, 141st District

/s/ Ralston Senator, 51st District

/s/ Arnold Ragas Representative, 64th District

/s/ Clay Land Senator, 16th District

/s/ Bob Irvin Representative, 45th District

THURSDAY, MARCH 19, 1998

2547

A BILL
To amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to remove ambiguity and clarify the intent of the General Assembly that certain dis missed civil cases may be recommenced in federal court; 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 on the ground that the suit arose from an act of the defendant in furtherance of the right of free speech or the right to petition government for a redress of grievances; 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 definitions; to provide for judicial review of such actions upon their filing; to provide for dismissal of the pleading under certain conditions; to provide for practice and procedure; to provide for appellate review; to provide for other related mat ters; 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. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking in its entirety subsection (a) of Code Section 9-2-61, relating to renewal of a case after dismissal, and inserting in its place the following:
"(a) When any case has been commenced in either a state or federal court within the applicable statute of limitations and the plaintiff discontinues or dismisses the same, it may be recommenced in a court of this state or; if- permitted by- the federal rtttes ef- eivtt procedure, in a federal court either within the original applicable period of limitations or within six months after the discontinuance or dismissal, whichever is later, subject to the requirement of payment of costs in the original action as required by subsection (d) of Code Section 9-11-41; provided, however, if the dismissal or discontinuance occurs after the expiration of the applicable period of limitation, this privilege of renewal shall be exercised only once."
SECTION 2. Said title is further amended by inserting in Code Section 9-11-11.1, relating to claims arising from exercise of rights of freedom of speech and right to petition government for redress of grievances, a new subsection to be designated subsection (f) to read as follows:
"(f) 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, including but not limited to dismissal by the plaintiff, of the action."
SECTION 3. Said title is further amended in Chapter 15, relating to court and litigation costs in civil actions, 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, mandamus, or an action brought under Title 42, Section 1983 of the United States Code, and such action arises out of the performance of the judicial 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, and the court finds that an attorney or party brought an action that lacked sub stantial justification or that the action, or any part of the action, was interposed for delay or harassment. As used in this Code section, 'lacked substantial justification' means substantially frivolous, substantially groundless, or substantially vexations. 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, magis trate, 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

2548

JOURNAL OF THE HOUSE,

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, mandamus, or an action brought under Title 42, Section 1983 of the United States Code, which action arises out of the performance of the judicial officer's official duties is pre sented for filing, the clerk of court shall file the matter but shall present the complaint or other initial pleading to the district court administrator for the judicial circuit where the action was filed, to assign to a superior court judge of that circuit. If the action is filed against a Judge or Justice of an appellate court, the chief Judge or Justice shall assign the matter to a member of that court. The judge shall review the pleading and, if the judge determines that the pleading shows on its face such a complete absence of any justiciable 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 dismissing the pleading. An order dismissing the pleading shall be appeal able 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 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 1 of this Act shall apply to cases pending on such date or dismissed or discontinued after such date.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Walker of the 141st moved that the House adopt the report of the Committee of Conference on HB 1730.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderaon YAahe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes
Bates Benefield YBirdsong Bohannon Y Bordeaux Y Bradford YBnedlove Bridges Y Brooks Y Brown EBuck

Buckner Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Cash Y Channel! YChUders Y Clark Y Conn Y Coleman, B Y Coleman, T Y Cornell Y Cooper Crawford Y Crews Y Culbreth YCummings

Y DaTM, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Out Y Dixon Y Dobbs Y Dukes Y Ehrhart Y Epps Y Evans Y Everett
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 Y Holland Y Holmes Y Houston
Howard Y Hudgena Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson

Y James Y Jamieson Y Jenkina
Johnson Johnston Jones Y Joyce Y Kaye E Ladd Y Lalcly Y Lane Y Lee Y Lewis Y Lord Y Lucas Y Maddoi Y Mann Y Manning Y Martin, J

THURSDAY, MARCH 19, 1998

2549

Y Martin, J.L YMassey YMcBee
McCall YMcClinton
McKinney Y Mills YMobley YMosley YMueller
O'Neal YOrrock YParham YParruh Y Parsons YPelote
Perry

Y Pinholster Poag
Y Polak Y Ponder Y Porter Y PoweU YPurcell Y Ragas Y RandaU Y Ray Y Reaves YReichert Y Rice Y Richardson
Roberts Y Rogers Y Royal

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

On the motion, the ayes were 149, nays 0. The motion prevailed.

Y Smith, T Y Smith, V
Smyre Snelling Y Snow Y Stallings Stancil, F Y Stancil, S Stanley, L Stanley, P Y Stephens Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus

Y Tolbert Y Trense
TurnquMt Y Twiggs Y Walker, L Y Walker, RX Y Watson Y West Y Wettmonland
Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R
Worthan Y Yates
Murphy, Spkr

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

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 Senate substitute was read:

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.
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 or her 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 43 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.

Representative Henson of the 65th moved that the House agree to the Senate substi tute to HB 1435.

2550

JOURNAL OF THE HOUSE,

On the motion, the roll call was ordered and the vote was as follows:

Y Alien
Y Andenon y Ada YBailey Y Banni&ter YBarfoot Y Barnard YBames
Bates Benefield YBitdsong YBohannon Y Bordeaux Y Bradford YBnedlove Y Bridget Y Brooks Y Brown EBuck YBuckner YBunn Y Burkhalter YByrd Y Campbell Y Canty YCash Channel! Y Charters Y Clark YCoan YColeman, B
YColeman,T YConneU Y Cooper Y Crawford Y Crews

Y Culbreth Y CununinffB Y Davis. G Y Davis, M
Day YDeLoach.B YDeLoach, G YDix YDizon
Dobbe Y Dukes YKhrhart YEpps
Evans YEverett
Felton YFloyd Y Franklin Y Golden Y Graves YGreene YGrindley YHammontree
Y Manner Y Harbin
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 YJenkias
Johnson Y Johnston
Jones Y Joyce YKaye ELadd YLakly YLane YLee Y Lewis YLord Y Lucas YMaddox YMann Y Manning Y Martin, J
Martin, J.L YMassey YMcBee YMcCaU YMcCUnton
McKinney Y Mills Y Mobley YMosley YMueller YO-Neal YOrrock YParham

On the motion, the ayes were 153, nays 0. The motion prevailed.

YParrish Y Parsons Y Pelote Y Perry Y Pinbolster YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas
Randall
Ray Y Reaves YReichert YRice Y Richardson
Roberts Y Rogers Y Royal Y Sanders YSauder YScarlett YScheid Y Scott Y Shanahan YSbaw YSherriU YShipp YSims Y Sinkfield
Skipper Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Smith, P Smith, T
Y Smith, V YSmyre
Smiling YSnow YStallings Y Stancil, F
Stancil, S Y Stanley, L
Stanley, P Y Stephens YTaylor YTeague YTeper Y Thomas YTOhnan Y Titus YTolbert YTrenn
Turnquest
Y Walker, L Y Walker, R.L Y Watson
West Y Westmoreland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYatas
Murphy, Spkr

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 Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

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.

Representative Henson of the 65th moved that the House recede from its position in disagreeing to the Senate amendment to HB 1086.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Andenon
YAshe YBailey

Y Bannister YBarfoot Y Barnard YBaraes

Y Bates Benefield
YBirdsong Y Bohannon

Y Bordeaux Y Bradford Y Breedlove Y Bridges

Y Brooks Y Brown
EBuck
YBuckner

THURSDAY, MARCH 19,1998

2551

YBunn YBurkhalter
Y Byrd Y Campbell
Y Canty YCaah
Channell YChilden Y Clark YCoan YColeman, B
Coleman, T Conndl
Y Cooper Y Crawford Y Crews YCulbreth Y CunmiiiffB YDavis,G YDavi., M YDay YDeLoach, B
YDeLoach, G YDix YDizon
Dobbs Y Dukes YEhrhart YEpps Y Evans YEverett YFelton

YFloyd N Franklin Y Golden Y Gravel YGreene YGrindley Y Hammontree
Banner Y Harbin
Heard YHecht YHeckstall YHegstrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H Y Hudson, N YHugley Ybvin Y Jackson
Y James YJamieson YJenkins
Johnson Y Johnston
Jones Y Joyce YKaye

ELadd YLakly YLane
Lee Y Lewis YLord Y Lucas YMaddox YMann
Y Manning
Y Martin, J Martin, J.L
YMassey YMcBee YMcCall Y McClinton
McKinney Y Mills YMobley YMosley YMueller YO'Neal YOrrock
Parbam Parrish Y Parsons Y Pelote Y Perry
Y Pinholster YPoag YPolak Y Ponder

Porter YPowell YPurceU YRagas
Randall Ray Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Scarlett YScheid Y Scott Y Shanahan YShaw YSherriU YShipp YSims Y Sinkfield 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 YStaUings Y StancU, F Y StancU, S Y Stanley, L Y Stanley,? Y Stephens YTaylor YTeague YTeper N Thomas Y Tillman Y Titus Y Tolbert YTrense
Turnquest Twiggs Walker, L Y Walker, R.L Y Watson West Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan YYates Murphy, Spin-

On the motion, the ayes were 151, nays 2. The motion prevailed.

The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate substitutes thereto:

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 Senate substitute was read:

A RESOLUTION
Designating the Matthew A. Towery Bridge; and for other purposes.
WHEREAS, Honorable Matthew A. Towery served with distinction and notable good humor as a member of the Georgia House of Representatives and was an articulate and highly respected leader within the Cobb County legislative delegation; and
WHEREAS, he is a native of Atlanta, Georgia, graduated from the University of Georgia, received a master's degree from Cambridge University, and received a law degree from Stetson University; and
WHEREAS, he is a founding partner in an Atlanta law firm and the chairman of the board of directors of one of the largest commercial printing companies in the state, Color Graphics, Inc.; and
WHEREAS, he has been active in numerous community service organizations and has served on the board of directors of Georgia West Mental Health Center and Butler Street YMCA; and

2552

JOURNAL OF THE HOUSE,

WHEREAS, this author of two books, The Road Taken and Power in the South, realized his aspiration of public service by representing the people of Cobb County as one of the most knowledgeable and perceptive members of the General Assembly, able to work effec tively with the leadership of both parties; and
WHEREAS, he was the 1990 Republican nominee for Lieutenant Governor, former chair man of the Republican State Convention, and chairman of the Georgia Association of Republican Elected Officials.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the Paces Ferry Road bridge over 1-285 in Cobb County is designated the Matthew A. Towery Bridge.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate signs designating such bridge as authorized hi this resolution.
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 Honorable Matthew A. Towery and to the commissioner of transportation.

Representative Sauder of the 29th moved that the House agree to the Senate substi tute to HR 1111.
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
Benefield Birdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown EBuck Y Buckner YBunn Y Burkhalter YByid Y Campbell Y Canty YCash Channel! Y Guilders Y Clark YCoan Y Coleman, B Y Coleman, T YConnell Y Cooper Y Crawford Y Crews

Y Culbreth Y Cummtn8 Y Davis, G Y Davis, M YDay YDeLoach, B YDeLoach, G YDix YDixon YDobbs Y Dukes YEhrhart
Epps Y Evans YEverett Y Felton YFloyd Y Franklin Y Golden Y Graves
Greene Y Grindley Y Hammontree Y Banner 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 YHugley Ylrvin Y Jackson Y James Y Jamieson YJenkins
Johnson Y Johnston
Jones Y Joyce YKaye ELadd
Lakly YLane
Lee Y Lewis YLord
Lucas Y Maddoi
Mann Y Manning Y Martin, J
Martin, J.L YMassey YMcBee YMcCall Y McClinton
McKinney YMills Y Mobley YMosley N MueUer YO'Neal YOrrock YParham

On the motion, the ayes were 147, nays 2. The motion prevailed.

YParrish Y Parsons YPelote Y Perry
Pinholster YPoag YPolak Y Ponder
Porter YPowell
Purcell YRagas YRandall YRay Y Reaves Y Reicbert YRice Y Richardson Y Roberts Y Rogers Y Royal
Sanders Y Sauder YScarlett YScheid Y Scott Y Shanahan YShaw YSherrill YShipp YSims N Sinkfield
Skipper Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T
Smith, V YSmyre
SnelUng YSnow
StaUings StancU, F Stancil, S Y Stanley, L Y Stanley, P Stephens Y Taylor YTeague YTeper Y Thomas YTilhnan Y Titus YTolbert YTrense Turnquest YTwiggs Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland YWhitaker Y Wiles Williams, B Williams, J Y Williams, R YWorthan YYates Murphy, Spkr

THURSDAY, MARCH 19, 1998

2553

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.

The following Senate substitute was read:

A RESOLUTION
Designating the William "Billy" Shaw Abney Highway, the L. Carlton Gill Highway, and the Hubert Ervin "H. E." Hobbs Highway; and for other purposes.
PARTI.
WHEREAS, Mr. William "Billy" Shaw Abney served as the Judge of the Juvenile Court in Walker, Dade, and Catoosa Counties for 33 years prior to being appointed a senior judge by Governor Zell Miller in 1997; and
WHEREAS, William "Billy" Shaw Abney was born in 1934 in LaFayette, Georgia, and has been a resident of Walker County for 63 years; and
WHEREAS, he has been married to Ann Abney, a long-time Walker County educator, since 1961 and they have two outstanding children, Shaw who is a cattle farmer and Anna who is an art major in Cortona, Italy; and
WHEREAS, in 1960, Mr. Abney was elected to the Georgia House of Representatives where he served four terms; and
WHEREAS, later, he served two terms in the Georgia Senate; and
WHEREAS, Judge Abney provided the leadership in having juvenile detention facilities constructed in Northwest Georgia; and
WHEREAS, Judge Abney has contributed more to good government and political stability in Walker County than any other individual in the past 50 years and he is highly respected and loved by the people of Walker County; and
WHEREAS, it is most fitting and appropriate to honor this outstanding citizen for his many years of dedicated public service to the people of Walker County and the State of Georgia.
PART II.
WHEREAS, Mr. L. Carlton Gill has long been recognized by the citizens of Bryan County for the vital role that he has played in community leadership and his deep personal com mitment to the welfare of the citizens of Georgia; and
WHEREAS, he has diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his over four decades of superlative service as a member of the board of commissioners of Bryan County; and
WHEREAS, his significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of his community have earned him the respect and admiration of his colleagues and associates; and
WHEREAS, he is a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness; and
WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this distinguished Georgian be appropriately recognized.

2554

JOURNAL OF THE HOUSE,

PART III.
WHEREAS, Honorable Hubert Ervin "H. E." Hobbs served with distinction, dedication, and ability as mayor of the City of Cusseta for 17 years and was instrumental in bringing numerous public improvements to the city and its citizens, including the creation of the municipal water system; and
WHEREAS, he was widely respected for his 20 years of service as chairman of the Chattahoochee County Board of Education and for his leadership in providing exceptional educa tional opportunities to the young people of Chattahoochee County; and
WHEREAS, he was a faithful member of the First Baptist Church of Cusseta, where he served as chairman of the board of deacons; and
WHEREAS, he was actively involved with the business, civic, and social lives of his com munity, having served as president of the Cusseta Lions Club; and
WHEREAS, he was the devoted husband of the late Mrs. Lorene Hobbs and the father of four outstanding children, Van, Penny, Terry, and Mary Ellen.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that State Highway 193 in Walker County from its intersection with the city limits of the City of LaFayette to its intersection with State Highway 341 at Davis Crossroads shall be designated the William "Billy" Shaw Abney Highway.
PART IV.
BE IT FURTHER RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of Interstate 95/Georgia Highway 405 running through Bryan County from the boundary of Liberty County to the boundary of Chatham County be named the L. Carlton Gill Highway.
That the bridge on Highway 5 known as State Route 5, shall be named in honor of, "Dr. J. A. Griffith" and shall be known as the Dr. J. A. Griffith Commemorative Bridge.
And that the bridge on State Route 6, over Sweetwater Creek in Cobb County shall be known as the Holly Michials Memorial Bridge.
And that the bridge located on Highway 280 known as South Cobb Drive located at Concord Road shall be known as the Betty Porter Field Memorial Bridge.
And that portion of State Road 165 be named Mr. S. C. Cadwell in his honor.
And that the Intersection 341 and Georgia Highway 87 in Dodge County be named Heart of Georgia Armed Forces Veterans Memorial Intersection.
PARTV.
BE IT FURTHER RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Georgia Highway 520 Business beginning at U. S. Highway 27-280 west of Cusseta and going through the City of Cusseta and south to the intersection of U. S. Highway 27-280 is designated the Hubert Ervin "H. E." Hobbs Highway.
BE IT FURTHER RESOLVED that the Commissioner of Transportation is authorized and directed to place appropriate signs for these designation.
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 Judge William "Billy" Shaw Abney, Mr. L. Carlton Gill, and to the family of Hubert Ervin "H. E." Hobbs.

The following amendment was read and adopted:

THURSDAY, MARCH 19, 1998

2555

Representative Snow of the 2nd moves to amend the Senate substitute to HR 1106 as fol lows:
By changing the words on page 3 line 20 from Concord Rd. at South Cobb Dr. to "South Cobb Dr. at 1-285".

Representative Snow of the 2nd moved that the House agree to the Senate substitute, as amended by the House, to HR 1106.
On the motion, the ayes were 118, nays 0.
The motion prevailed.

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 Senate substitute was read:

A BILL
To amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to change definitions relating to food sales establishments and food service establishments; to change provisions relating to non profit 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 aad or under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Sec tion 501 (c) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2;
(B) Lasts 48 120 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."

2556

JOURNAL OF THE HOUSE,

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 or under Section 501 (d) or paragraphs (1) through (8) or paragraph (10) of Sec tion 501(c) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2;
(B) Lasts 48 120 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 sponsored by a religious, charitable, or nonprofit corporation, including but not limited to churches, schools, clubs, lodges, or other such organizations. (2) 'Organization' means an organization exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 and or 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 48 120 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.

THURSDAY, MARCH 19, 1998

2557

(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 unless the organization has an established hazard control program:
(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.
26-2-393. (a) 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; provided, 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 or revocation of a permit, or citation for violation of this article, without the written approval of such action by the district health director. (b) Any organization which is aggrieved or adversely affected by any final order or action of a county board of health or district health director may have review thereof by_ appeal to the commissioner of human resources or his or her designee. Appeals to the commissioner shall be heard after not more than eight hours."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative West of the 101st moved that the House agree to the Senate substitute to HB 1576.
On the motion, the roll call was ordered and the vote was as follows:

Alien Y Andenon YAshe Y Bailey
Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield YBirdsong
Bohannon

Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks
Brown E Buck Y Buckner YBunn Y Burkhalter Y Byrd Y Campbell

Y Canty Y Cash
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 Davit, G Y Davis, M
Day Y DeLoach, B Y DeLoach, G Y Dii Y Dixon
Dobbs Y Dukes Y Ehrhart

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

2558

JOURNAL OF THE HOUSE,

Y Harbin Y Heard YHecht
YHeckstall YHegstrom YHenson Y Holland Y Holmes Y Houston
Howard YHudgens Y Hudson, H Y Hudson, N YHugley
Irvin Y Jackson Y James
YJamieson YJenkins
Johnson YJohnston Y Jones Y Joyce Y Kaye

E Ladd Y Lakly YLane
Y Lee Y Lewis Y Lord Y Lucas Y Maddox
Mann Y Manning
Martin, J Martin, J.L Y Massey Y McBee YMcCaU McClinton 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 Pinholater Y Poag Y Polak Y 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
Sauder Scarlett

Y Scheid Y Scott Y Shanahan
Y Shaw Y Sherrill Y 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
Snelling Snow Y Staffings Stancil, F Y Stancil, S Y Stanley, L Stanley, P

On the motion, the ayes were 147, nays 0. The motion prevailed.

Y Stephens Y Taylor
Teague
Y Teper Y Thomas Y Tillman
Titus Y Tolbert YTrense Y Turnquest
Twiggs Walker, L Y Walker, R.L Y Watoon Y West Y Westmoreland Y Whitaker
Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates
Murphy, Spkr

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 Senate substitute was read:

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 persons who become officers and employees of the Georgia Lottery Corporation after a certain date shall not be members of such retirement system; to provide that such persons who are members of such retirement system on a certain date may make an irrevocable election to retain such membership; to provide conditions upon the authority of such corporation in making employer contributions into a deferred com pensation plan or pension plan for its officers and employees; to provide a vesting sched ule; 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) As used in this subsection, the term: (A) 'Corporation' means the Georgia Lottery Corporation created by Code Section 50-27-4.

THURSDAY, MARCH 19,1998

2559

(B) 'Section 401(k) plan' means the deferred compensation plan offered by the state for public employees pursuant to Section 401(k) of the federal Internal Revenue Code on July 1, 1998, as now or subsequently amended. (C) 'Termination date' means the earlier of:
(i) The date on which the corporation receives a favorable ruling from the federal Internal Revenue Service as to the corporation's participation in the Section 401(k) plan; or (ii) The date on which the corporation establishes a tax qualified retirement plan for its officers and employees. (2) Notwithstanding the provisions of subsection (c) of this Code section, no person employed as an officer or employee of the corporation on or after the termination date shall be a member of this retirement system. Any member who on the termination date is a member of this retirement system may make an irrevocable election to retain membership in this retirement system by notifying the board of trustees in writing not later than 60 days following the termination date. Any person who so elects to remain a member of this retirement system shall not be eligible to participate in any tax qual ified retirement plan offered by such corporation. (3) If the corporation participates in the Section 401(k) plan, it shall not be autho rized to maintain for its officers and employees any tax qualified retirement plan other than the plan qualified under Section 457 of the federal Internal Revenue Code on July 1, 1998. (4) The corporation's participation in either the Section 401(k) plan or any tax quali fied retirement plan maintained by the corporation shall be subject to the following conditions: (A) The maximum percentage of a participant's annual salary which the corporation may pay into the plan for or on behalf of the participant shall not exceed 7 'A per cent; and (B) Each participant shall have a vested interest in employer contributions in accordance with the schedule in the subaccount of the Section 401 (k) plan providing for employer contributions which is in existence on July 1, 1998, as now or hereafter amended.
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.

Representative Kaye of the 37th moved that the House agree to the Senate substitute to HB 441.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Andersen YAshe
Bailey Bannister YBarfoot Barnard YBarnes Y Bates Benefield YBirdsong YBohannon Y Bordeaux Y Bradford

Y Breedlove Y Bridges Y Brooks Y Brown E Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Cash Y Channel! Y Guilders

Clark Y Coan Y Coleman, B Y Coleman, T
Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M
Day Y DeLoach, B

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
Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Houston Y Howard

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JOURNAL OF THE HOUSE,

YHudgens Y Hudson, H Y Hudson, N YHugley YInrin
Jackson Y James Y Jamieson Y Jenkins
Johnson Y Johnston Y Jones
Y Joyce YKaye ELadd YLakly YLane YLee Y Lewis YLord Y Lucas
Maddoi

Mann Y Manning Y Martin, J
Martin, J.L Massey McBee YMcCaU Y McClinton McKinney Milk
YMobley YMosley Y MueUer
O'Neal YOrrock
Parham
Y Fairish Y Parsons YPelote Y Perry Y Pinhokter
YPoag

YPolak Y Ponder Y Porter Y PoweU YPurcell YRagas
RandaU YRay
Reaves Y Reichert
YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders
Sauder
YScarlett YScheid
Scott YShanahan
YShaw

On the motion, the ayes were 145, nays 0. The motion prevailed.

SherrUl YShipp YSinu Y Sinkfield
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
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
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

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference 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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1315

The Committee of Conference on HB 1315 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1315 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

M Hugh Gillis, Sr. Senator, 20th District

/s/ Ann R. Purcell Representative, 147th District

/s/ Eric Johnson Senator, 1st District

/s/ Buddy DeLoach Representative, 172nd District

M Rene' D. Kemp Senator, 3rd District

/si Bob Hanner Representative, 159th District

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

THURSDAY, MARCH 19, 1998

2561

shrimp cast netting licenses; to provide for the reporting of certain information relating to commercial fishing; to authorize the commissioner of natural resources to establish times and places for the noncommercial taking of shrimp; to establish a limit on shrimp taken by a cast net, a seine, or a combination of a cast net and a seine; to provide for criminal sanctions; to provide for the assessment of a civil penalty; to provide for the tak ing of whelks; to provide conditions for the noncommercial taking of shrimp; to amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones and related matters, so as to change certain designations of boating safety zones and to change certain designated lakes where certain vessels shall be prohibited; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by inserting immediately following paragraph (10) of Code Section 27-1-2, relating to defi nitions relative to such title, the following:
"(10.1) 'Cast net' means a cone shaped net designed to be thrown and retrieved by hand and designed to spread out and capture fish and shrimp as the weighted circum ference sinks to the bottom and comes together when pulled by a line."
SECTION 2. Said title is further amended by inserting immediately following paragraph (13) of Code Section 27-1-2, relating to definitions relative to such title, the following:
"(13.1) 'Commercial cast net' means a cast net constructed of a minimum of fiveeighths inch bar mesh and having a radius not more than 12 feet and in compliance with the provisions of Code Section 27-4-13; (13.2) 'Commercial cast netting' means taking shrimp for commercial sale for food purposes;"
SECTION 3. Said title is further amended by inserting immediately following paragraph (59) of Code Section 27-1-2, relating to definitions relative to such title, the following:
"(59.1) 'Recreational bait shrimp cast net' means a cast net constructed of a minimum of three-eighths inch mesh with a radius not greater than eight feet and in compliance with the provisions of Code Section 27-4-13. Such term shall include any cast net which exceeds such minimum mesh size. (59.2) 'Recreational bait shrimp cast netting' means taking shrimp for noncommercial use as bait by means of a cast net. (59.3) 'Recreational food shrimp cast net' means a cast net constructed of a minimum of one-half inch bar mesh with a radius not greater than eight feet and in compliance with the provisions of Code Section 27-4-13. (59.4) 'Recreational food shrimp cast netting' means taking shrimp for noncommercial food purposes by means of a cast net."
SECTION 4. Said title is further amended by inserting immediately following Code Section 27-4-12 a new Code section to read as follows:
"27-4-13.
(a) Except as otherwise provided in subsection (b) of this Code section, all cast nets used in the waters of the state shall be constructed of a uniform mesh size and a uni form mesh material from the thimble, also known as the horn, of the net to the lead line. The lead line shall consist of a line to which is attached a minimum of threefourths pounds of lead per radius foot. (b) All cast nets used for taking shrimp in the waters of the state shall be constructed of a uniform mesh size and a uniform mesh material from the thimble, also known as the horn, of the net to the lead line. The brail or tuck lines shall be of uniform diameter

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and constructed of the same material as the mesh. The lead line shall consist of a round line to which is attached a minimum of three-quarters of a pound of lead per radius foot. (c) It shall be unlawful to use a cast net not in conformity with the provisions of this Code section. It shall be unlawful to possess in a vessel a cast net not in conformity with the provisions of either subsection (a) or subsection (b) of this Code section."
SECTION 5. Said title is further amended by striking in its entirety Code Section 27-4-110, relating to the requirement for a commercial fishing license, and inserting in lieu thereof the follow ing:
"27-4-110.
It shall be unlawful for any person other than a person in possession of a valid commer cial crabbing license as provided for in Code Section 27-4-150j for purposes of such license, or a person in possession of a commercial food shrimp cast netting license as provided in Code Section 27-4-205, for purposes of such license, to engage in commercial fishing in any of the salt waters of this state without first obtaining a commercial fishing license. Seh Each license shall be separate and distinct from each other and separate from and in addition to the commercial fishing boat license required by Code Section 27-2-8."
SECTION 6. Said title is further amended by striking in its entirety paragraph (10) of Code Section 27-4-113, relating to lawful gear for use in commercial salt-water fishing, and inserting in lieu thereof the following:
^1U/ OftSv D6tS USCCt rOf COfiiDSCPClfll pUPpOSC3 4ft tCCOrdflJ!l& Wlul AFtlCifc 4 r ull&
chapter Commercial cast nets as defined in Code Section 27-1-2 and in compliance with Code Section 27-4-13;"
SECTION 7. Said title is further amended by striking in its entirety Code Section 27-4-118, relating to required records relating to commercial salt-water fishing, and inserting in lieu thereof the following:
"27-4-118. (a) Except for the taking of shellfish, it shall be unlawful for any beat e* vessel sed person engaged in commercial fishing or in the taking of seafood in the salt waters of this state to fail to maintain at all times a record book showing the amount of fish, prawn, shrimp, and other seafood 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. Stteh records shH be available for inspection by authorized staff ef- fee deportment. (b) Each person required to maintain records pursuant to the provisions of subsection (a) of this Code section shall report such information to the department at such times and in such manner as the board provides by rule or regulation."
SECTION 8. Said title is further amended by inserting immediately following Code Section 27-4-118 the following:
"27-4-119.
It shall be unlawful for any person to take shrimp for commercial purposes by any cast net other than a commercial cast net as such term is defined in paragraph (13.1) of Code Section 27-1-2."
SECTION 9. Said title is further amended by striking in its entirety Code Section 27-4-132, relating to the taking of shrimp for noncommercial purposes generally, and inserting in lieu thereof the following:

THURSDAY, MARCH 19, 1998

2563

"27-4-132.
(a) Except as otherwise provided by law, it shall be unlawful to take shrimp for non commercial purposes in the salt waters of the State of Georgia except by means of a recreational bait shrimp cast net or a recreational food shrimp cast net or by means of a beach seme of a length and mesh size authorized for use in salt waters by subsection (d) of Code Section 27-4-112. (b) It shall be unlawful to take shrimp for noncommercial food purposes in the salt waters of the state by any cast net other than a recreational food shrimp cast net or by means of a beach seine. Violation of the provisions of this subsection shall constitute a misdemeanor.
(c) It shall be unlawful to take shrimp except at such times and places as the commis sioner may establish. The commissioner is authorized to open or close any or a portion of the salt waters of this state to recreational food shrimp cast netting at any time between May 15 and the last day of February."
SECTION 10. Said title is further amended by striking in its entirety Code Section 27-4-132.1, relating to limits on amount of shrimp taken by cast net and penalty for violation, and inserting in lieu thereof the following:
"27-4-132.1.
(a)(l) No person or group of persons occupying the same boat taking shrimp by means of a recreational food shrimp cast net may take r possess more than 48 quarts of shrimp with heads or 30 quarts of shrimp tails in any 34 ttoar period day. No such per son or group of persons occupying the same vessel may possess at any time more than 48 quarts of shrimp with heads or 30 quarts of shrimp tails.
(2) No person or group of persons occupying the same vessel in possession of a com mercial shrimp cast netting license taking shrimp by means of a commercial cast net may take in any day or possess at any time more than 60 quarts of shrimp with heads or 38 quarts of shrimp tails taken by such commercial cast net or a combination of a commercial cast net and a seine. (3) No group of persons occupying the same boat, one or more of whom is in posses sion of a commercial cast netting license and who are taking shrimp by means of a commercial cast net may take more than 60 quarts of shrimp with heads or 38 quarts of shrimp tails taken by such commercial cast net or a combination of a commercial cast net and a seme in any day. No such group of persons occupying the same vessel may possess at any time more than 60 quarts of shrimp with heads or 38 quarts of shrimp tails. (4)^ No one person taking shrimp solely by. means of a seine, whether such person is acting alone or in a group of persons, may take more than 24 quarts of shrimp with heads or 15 quarts of shrimp tails taken by such seine in any day. No such person may possess at any time more than 24 quarts of shrimp with heads or 15 quarts of shrimp tails. (5) No person or group of persons shall have on board a vessel more than one type of cast net gear, and such person or group of persons shall be limited to the harvest limit allowable for the type of cast net gear on board. (6) If any person or group of persons are in possession of a cast net and a seine, such person or group of persons shall be subject to the limits imposed upon taking shrimp by cast net. (7) No vessel owner shall allow the vessel to be used by any person or persons to take more than 48 quarts of shrimp with heads or 30 quarts of shrimp tails in any 34 hew period day regardless of the number of trips made or the duration of any trip by such vessel. It shall be unlawful for any vessel owner or operator to allow a vessel to be left anchored and unoccupied for the purpose of receiving shrimp taken by the occu pant of any other vessel. (b){l) Violation of subsection (a) of this Code section shall constitute a misdemeanor. (2) In addition to any criminal penalties assessed, any person violating the provisions of subsection (a) of this Code section shall pay a civil penalty in the amount of $50.00 for each quart of shrimp taken or possessed in excess of the allowable limit.

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(c) Whenever the commissioner or his or her designee has reason to believe that any person has violated subsection (a) of this Code section or any rule or regulation promul
gated 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 provided by Code Section 50-13-41. Upon
finding that such person has violated subsection (a) of this Code section, the administra tive law judge shall impose a civil penalty in the amount of $50.00 for each quart of shrimp taken or possessed in excess of the allowable limit. 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 11.
Said title is further amended by striking in its entirety Code Section 27-4-133, relating to lawful nets, the opening and closing of waters, and related matters, and inserting in lieu thereof the following:
"(a) Except as otherwise specifically provided, it shall be unlawful for any person to use a power-drawn net in any of the salt waters of this state for commercial shrimping for human consumption. All sounds shall be closed to such fishing, except that the commis sioner may open Cumberland, St. Simons, Sapelo, St. Andrews Andrew. Wassaw, or Ossabaw sounds or any combination of such sounds at any time between September 1 and December 31, provided that he or she has determined that the shrimp in the waters of each sound to be opened are 45 or fewer shrimp with heads on to the pound; and he the commissioner shall close each sound so opened when he or she has determined that the shrimp in the waters of the sound exceed 45 shrimp with heads on to the pound. The commissioner may open any waters outside, on the seaward side, of the sounds between Jane 4 May 15 and December 31, provided that he or she has deter mined that the shrimp in such outside waters are 45 or fewer shrimp with heads on to the pound; and he the commissioner shall close the waters so opened when he or she has determined that the shrimp in such outside waters exceed 45 shrimp with heads on to the pound. The commissioner may open any waters outside the sounds during the months of January and February, provided that he or she has determined that the shrimp in such outside waters are 50 or fewer shrimp with heads on to the pound; and he the commissioner shall close such outside waters so opened when he or she has deter mined that the shrimp in such outside waters exceed 50 shrimp with heads on to the pound. The department shall conduct inspections for such shrimp count, and a determi nation by the commissioner shall be conclusive as to the count. The commissioner shall provide public notice of the opening and closing of such waters, as provided in this Code section, by posting a notice of all openings and closings at the courthouse and on all shrimp docks and by such other means as may appear feasible. The notices shall be posted at least 24 hours prior to any change in the opening and closing of any such waters, provided that such notice is required only when waters are opened or closed by action of the commissioner.
(b) It shall be unlawful to use a power-drawn net in any of the salt waters of this state except between the hours of 5:00 A.M. eastern standard time and 8:00 P.M. eastern standard time. It shall also be unlawful to use a power-drawn net in any sound between the hours of 8:00 P.M. eastern standard time on Saturday and 5:00 A.M. eastern stan dard time on Monday.
(c) (1) Except as otherwise specifically provided, it shall be unlawful to fish with nets other than cast nets in any of the tidal rivers or creeks, except to fish for shad or stur geon, provided that nothing contained in this Code section shall be construed so as to prohibit any person from using a beach seine along any public beach.
(2) It shall be unlawful to fish for shrimp in the salt waters of the state by means of a seine or a cast net other than a bait shrimp cast net except at such times and places as the commissioner may establish. The commissioner is authorized to open or close for such purpose any or a portion of the salt waters of this state at any time between May 15 and the last day of February, provided that the commissioner has

THURSDAY, MARCH 19, 1998

2565

determined that such action in opening or closing said salt waters is in accordance with current, sound principles of wildlife research and management. (d) The department shall have the power to close all or any portion of the salt waters of this state to commercial and recreational fishing in the event of a disaster likely to cause seafood to be unfit for human consumption or in the event of any other emergency situation. (e) Nothing contained in this Code section shall be construed to prohibit any person from fishing in the salt waters of this state for shrimp to be used or sold for live bait pursuant to Code Sections 27-4-170 and 27-4-171, provided that it shall be unlawful to use for obtaining shrimp for bait any trawl equipment which has been used for obtaining shrimp pursuant to this Code section. (f) In accordance with current, sound principles of wildlife research and management, as provided by Code Section 27-4-130, the commissioner is authorized to authorize any person to take crabs or whelks with power-drawn nets of four-inch stretched mesh from any waters outside, on the seaward side, of the sounds at any time during the year, or from the waters of Cumberland, St. Simons, Sapelo, St. Andrews Andrew. Wassaw, and Ossabaw sounds during the months of January, February, and March, when the commis sioner has determined that taking of crabs or whelks within such waters will not be det rimental to the conservation of crabs or shrimp. Possession of any net with mesh smaller than that provided in this subsection while taking crabs or whelks shall be prima-facie evidence of the violation of this Code section. (g) It shall be unlawful for any person taking shrimp for commercial purposes pursuant to this Code section to fail to have positioned on the bow or cabin of the boat taking such shrimp a board with a background color of daylight fluorescent orange and with such numerals and letters painted or affixed thereon as are specified by the department for the boat. The numerals and letters shall be at least 16 inches in height, black hi color, of block character, and spaced so as to be readable from the air from left to right. The numerate and- letters required for compliance with this subsection shell be designed tad furniohcd by the department. The numerals and letters shall be furnished period!
017 n p
(h) Any determination to open or close the salt waters pursuant to this Code section shall be made in accordance with current, sound principles of wildlife research and man agement."
SECTION 12. Said title is further amended by striking in its entirety Code Section 27-4-136, relating to the maintenance of records by suppliers of certain sea food, and inserting in lieu thereof the following:
"27-4-136.
(a)(l) It shall be unlawful for any person owning or operating shellfish canning or shucking facilities or otherwise dealing in purchasing, landing, packing, or supplying raw shrimp, shellfish, crabs, fish, or other seafood for commercial purposes to fail to keep a record in which is entered the amount of shrimp, shellfish, crabs, fish, or other seafood taken from Georgia waters for commercial purposes; the name of each person from whom purchased; the date and price of purchase; the grade and quantity pur chased; the name, number, and approximate tonnage of the boat in which they were brought to the facility; the number of calendar days expended in harvesting the product; the approximate location or locations of harvest; the quantity canned and packed for shipment; and the date and amount of each shipment; and such other information as the department requires, ft shall be unlawful for any stteh person te fail te aahe an itemized written report te the department ef the information required by this ede seetkm m a form as prescribed by the department by net later titan the fifth day ef each (2) Each person required to maintain records pursuant to paragraph (1) of this sub section shall report such information to the department at such times and in such manner as the board provides by rule or regulation.

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(b) It shall be unlawful for any master collecting permittee to fail to maintain records in a form as prescribed by the Department of Agriculture."
SECTION 13. Said title is further amended by striking in its entirety subsection (a) of Code Section 27-4-138, relating to penalties for offenses pertaining to the operation of commercial fish ing boats engaged in illegal fishing with power drawn nets, and inserting in lieu thereof the following:
"(a)(l) As used in this Code section, the term 'fishing day' means any day in any period during which the waters of this state are open to commercial shrimping pursu ant to Code Section 27-4-133 and any administrative order of the commissioner. (2) Any person on board any commercial fishing boat who violates or causes to be vio lated the provisions of Code Section 27-4-133 or of Code Section 52-7-13 with regard to waters identified in paragraph (1) of subsection (a) of such Code section, which vio lation occurs not more than one-fourth mile within any waters which are closed or declared a boating safety zone at the time of the violation, shall be guilty of a misde meanor of a high and aggravated nature and shall be punished as such, subject to minimum punishment as follows:
(A) For the first offense, the person shall be fined not less than $500.00; (B) For the second offense, the person shall be fined not less than $1,500.00 and given a mandatory suspension from any commercial fishing for ten fishing days; and (C) For the third or any subsequent offense, the person shall be fined not less than $5,000.00 and given a mandatory suspension from any commercial fishing for 60 fishing days. (3) Any person in command of any commercial fishing boat who violates or causes to be violated the provisions of Code Section 27-4-133, which violation occurs one-fourth mile or more within any waters which are closed at the time of the violation, shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished as such, subject to minimum punishment as follows: (A) For the first offense, the person shall be fined not less than $5,000.00 and given a mandatory suspension from any commercial fishing for 60 fishing days; (B) For the second offense, the person shall be fined not less than $10,000.00 and given a mandatory suspension from any commercial fishing for 120 fishing days; and (C) For the third or any subsequent offense, the person shall be fined not less than $10,000.00 and given a mandatory suspension from any commercial fishing for one year. (4) Any person who violates a mandatory suspension provided for in paragraphs (2) and (3) of this subsection shall, upon a proper showing, be subject to imprisonment for a period not to exceed 12 months."
SECTION 14. Said title is further amended by inserting immediately following Code Section 27-4-138 two new Code sections to read as follows:
"27-4-139.
(a) It shall be unlawful for any person engaged in recreational food shrimp cast netting to use any cast net other than a recreational food shrimp cast net as such term is defined in Code Section 27-1-2 and which is in compliance with Code Section 27-4-13. (b) It shall be unlawful for any person to sell for human consumption shrimp taken by a recreational food shrimp cast net. (c) Any person convicted of violating the provisions of this Code section shall be guilty of a misdemeanor.
27-4-140. (a) Any enforcement officer or other law enforcement officer who discovers an illegal cast net being used on the waters of this state shall confiscate the net, which shall be forfeited. (b) Any person convicted of using an illegal cast net to take shrimp from the waters of this state for commercial sale for food purposes shall be guilty of a misdemeanor.

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2567

(c) Any person convicted for the second or any subsequent time of using an illegal cast net to take shrimp from the waters of this state for commercial sale for food purposes shall, in addition to any other penalty imposed by law, forfeit the vessel on which the violation occurred and in addition all commercial fishing and boat licenses issued to such person shall be revoked in accordance with the provisions of Code Section 27-2-25. (a) Any person convicted of illegally taking shrimp from the waters of this state for commercial sale for food purposes shall be guilty of a misdemeanor. Possession of a com mercial cast net shall be prima facie evidence of the intent of the person or persons so in possession to take shrimp for commercial purposes."
SECTION 15. Said title is further amended by inserting at the end of Code Section 27-4-170, relating to sport bait shrimping, the following:
"(d)(l) It shall be unlawful for any person engaged in recreational bait shrimp cast netting to use any cast net other than a recreational bait shrimp cast net as such term is defined in Code Section 27-1-2 and in compliance with Code Section 27-4-13. (2) The salt waters of the state shall be open to recreational bait shrimp cast netting at any time of the year; provided, however, that any person taking shrimp under this paragraph shall possess at any time no more than two quarts of bait shrimp at any time, all of which may be dead; and provided, further, that any such person may take a maximum of four quarts of bait shrimp during any day. When two or more persons taking shrimp under this subsection occupy the same boat, there may be no more than four quarts of bait shrimp on board the boat at any time, all of which may be dead; and the persons occupying the boat may together take a maximum of eight quarts of bait shrimp during any day."
SECTION 16. Said title is further amended by inserting immediately following Part 3 of Article 4 of Chapter 4, relating to seafood, the following:
"Part 5
27-4-205. It shall be unlawful for any person to take shrimp with a cast net from the waters of the state for commercial sale for food purposes or to sell for food purposes any shrimp he or she has taken with a cast net from the waters of the state unless he or she is in possession of a commercial food shrimp cast netting license as provided in this part. Such license shall be required in addition to a commercial fishing boat license issued pursuant to Code Section 27-2-8.
27-4-206. (a) The department may issue no more than 200 commercial food shrimp cast netting licenses as provided in this Code section. Such licenses shall be issued only to individu als and shall not be transferable. (b) The department shall issue commercial food shrimp cast netting licenses for the 1998-1999 license year in order of the date and time the application was received to individuals who:
(1) Were in possession of a valid 1997-1998 commercial fishing license issued on or before December 12, 1997; (2) Were listed as owner or captain of a valid 1997-1998 commercial fishing boat license on the application for which a cast net was indicated as a commercial harvest gear on or before December 12, 1997; and (3) Are able to provide evidence satisfactory to the department that they sold shrimp ex-vessel during the 1997-1998 license year on or before December 12, 1997. (c) If the number of licenses issued pursuant to subsection (b) of this Code section does not total 200, the department may issue the remaining allotment of commercial food shrimp cast netting licenses in the initial or any subsequent license year by lottery devised and operated by the department.

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(d) The department shall charge a license fee for the commercial food shrimp cast net ting license in the amount of $250.00 for a resident commercial food shrimp cast netting license and $2,500.00 for a nonresident commercial food shrimp cast netting license. (e) Any license which is not renewed in subsequent license years shall revert to the department to be issued as provided in subsection (c) of this Code section."
SECTION 17. Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones and related matters, is amended by striking in its entirety subsection (a) and insert ing in lieu thereof the following:
"(a)l| The following are established as boating safety zones from May 1 through the following September 30:
(A){1} The ocean waters adjacent to Jekyll Island, which shall include all those waters for a distance of 1,000 feet from the high-water mark on Jekyll Beach from the northernmost point to the southernmost point of Jekyll Island; (B){3) The ocean waters adjacent to Tybee Island Beach, which shall include all those waters for a distance of 1,000 feet from the high-water mark on Tybee Island Beach from the northernmost point to the southernmost point of Tybee Island Beach; (C){3) The ocean waters adjacent to Saint Simons Island, which shall include all those waters for a distance of 1,000 feet from the high-water mark on Saint Simons Island from the northernmost point to the southernmost point of Saint Simons Island; and (D)W The ocean waters adjacent to Sea Island, which shall include all those waters for a distance of 1,000 feet from the high-water mark on Sea Island from the northernmost point to the southernmost point of Sea Island.; (2) The following are established as boating safety zones at all times of the year: (AK&) The area within the marked boundary of any designated swimming area; and (BH6) The area within the marked boundary upstream or downstream of any dam designated by the commissioner."
SECTION 18. Said Code section is further amended by striking in its entirety subsection (d) and insert ing in lieu thereof the following:
"(d) The operation of any vessel, specifically including a houseboat, with a marine toilet, galley, or sleeping quarters shall be prohibited on Lake Burton, Bull Sluice Lake, Goat Rock Lake, Lake Harding, Lake Jackson, North Highlands Lake, Lake Oliver, Lake Rabun, Seed Lake, Tallulah Falls Lake, Tugalo Lake, Lake Werife; Lake Oconee, and Yonah Lake."
SECTION 19. This Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval.
SECTION 20. All laws and parts of laws in conflict with this Act are repealed.

Representative Purcell of the 147th moved that the House adopt the report of the Committee of Conference on HB 1315.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien YAnderson Y Ashe
Bailey Bannister YBarfoot Barnard Barnes

Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux N Bradford Y Breedlove
Bridges

Y Brooks Y Brown E Buck Y Buckner Y Bunn Y Burkhalter N Byrd Y Campbell

Y Canty Y Cash Y Channel! Y Childers Y Clark N Coan Y Coleman, B Y Coleman, T

Y Connell Cooper Crawford
N Crews Culbreth
Y Cummings Y Davis, G Y Davis, M

THURSDAY, MARCH 19, 1998

2569

NDay Y DeLoach, B Y DeLoach, G NDii YDUon YDobbe Y Dukes NEhrhart
YEpps Evans
Y Everett Y Felton
Floyd N Franklin Y Golden Y Graves YGreene
Grindley Y Hammontree YHanner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom YHenson Y Holland Y Holmes

Y Houston Y Howard Y Hudgens
Hudson, H Y Hudson, N
Hugley Irvu
Jackson Y James Y Jamieson Y Jenkins
Johnson Y Johnston
Jones Y Joyce YKaye ELadd YLakly YLane YLee Y Lewis
YLord Y Lucas Y Maddoi
Mann Y Manning
Y Martin, J Martin, J.L

Massey YMcBee YMcCall Y McClinton
McKinney YMills Y Mobley Y Mosley Y Mueller YO'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder
Porter Y Powell Y Purcell YRagas YRandall YRay
Reaves Y Reichert

YRice Y Richardson Y Roberts Y Rogers Y Royal N Sanders
Sauder YScarlett Y Scheid Y Scott YShanahan YShaw YSherrill YShipp YSims Y Sinkfield
Y Skipper Y Smith, C
Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P N Smith, T
Smith, V YSmyre Y Smelling YSnow YStallings

Y Stancil, P Y Stancil, S Y Stanley, L Y Stanley, P
Stephens Y Taylor YTeague YTeper Y Thomas YTfflman
Titus Y Tolbert YTrenee
Turnquest YTwiggs
Walker, L
N Walker, R.L Y Watson
West Y Westmoreland Y Whitaker
Y Wiles Y WiUiams, B N Williams, J Y Williams, R Y Worthan
NYates Murphy, Spkr

On the motion, the ayes were 132, nays 13. The motion prevailed.

The following Bills of the House and Senate were taken up for the purpose of consid ering the Senate amendments thereto:

SB 158. By Senators Brown of the 26th, Oliver of the 42nd, Thomas of the 10th and others:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to provide that certain motor vehicles shall be contraband and shall be forfeited; to provide for seizure and con demnation of such motor vehicles; to provide for practices, procedures, and requirements relative to the seizure, forfeiture, and disposal of such motor vehicles; to provide for exceptions.

The following Senate amendment was read:

Amend the House substitute to SB 158 by striking line 39 on page 2 and inserting in lieu thereof the following:
shall be assessed the cost of publication of".
By striking line 23 on page 3 and inserting in lieu thereof the following:
"that verdict is returned or plea entered shall as a condition of probation or a suspended sentence require the".
By striking line 28 on page 3 and inserting in lieu thereof the following:
"married; provided, however, that a defendant who is not a resident of this state shall upon a verdict or plea of guilty or a plea of nolo contendere be ordered by the court to undergo immediate testing for sexually transmitted diseases and shall remain in the custody of the court until such testing is completed. The clerk of the court, in the case of a defendant who is a resident of this state, shall mail,".

2570

JOURNAL OF THE HOUSE,

By adding at the end of line 31 of page 3 the following: "The tests for sexually transmitted diseases required under this subsection shall be lim ited to the eight most common sexually transmitted diseases as determined by the Department of Human Resources."
By adding at the end of line 35 of page 3 the following: "Such person shall bear the costs of such tests."
Representative Randall of the 127th moved that the House agree to the Senate amendment to the House substitute to SB 158.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Anderson
YAshe Bailey
Y Bannister YBarfoot Y Barnard
YBarnes Bates Benefield
YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges
N Brooks Y Brown EBuck Y Buckner
YBunn Y Burkhalter
YByrd Y Campbell
Y Canty YCash
Channel! Y Childers
Y Clark Coan
Y Coleman, B Coleman, T Connell
Y Cooper Y Crawford
Y Crews

Y Culbreth Y Cummings N DaTM, G
Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Diion YDobbs Y Dukes YEhihart YEpps
Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene
Grindley
Y Hammontree Y Manner Y Harbin Y Heard YHecht
YHeckstall Y Hegstrom YHenson Y Holland Y Holmes
Y Houston Howard
Y Hudgens Y Hudson, H

Hudson, N Y Hugley Ylrvin
Jackson Y James Y Jamieson
Jenkins Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly Lane
YLee Y Lewis
YLord Lucas
Y Maddox Mann
Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall Y McClinton
McKinney Y Mills
Y Mobley Y Mosley
Mueller Y O'Neal
Orrock YParham

On the motion, the ayes were 145, nays 2. The motion prevailed.

Y Parrish Y Parsons Y Pelote
Y Perry Y Pinholster
YPoag YPolak
Y Ponder Y Porter Y Powell YPurcell YRagas Y Randall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal
Sanders Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephens Y Taylor
Teague Teper Y Thomas YTillman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Walker, R.L Y Watson West Y Westmoreland YWhitaker Y Wiles Y Williams, B Williams, J Y Williams, R YWorthan YYates Murphy, Spkr

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.

The following Senate amendments were read: Senate Amendment No. 1

Amend HB 1423 by striking lines 27 and 28 of page 1 and inserting in lieu thereof the following:

THURSDAY, MARCH 19, 1998

2571

"rules and regulations of the beard office. The party appealing te the beard and the department from whose action the".

Senate Amendment No. 2

Amend HB 1423 on page 1 by striking "Article 1 of Chapter 20 of on lines 1 and 12.
By replacing "the state merit system generally" on lines 2 and 3 and 13 and 14 with "pub lic officers and employees".
By inserting after "by" on line 14 the following:
"designating the existing language as subsection (a) of Code Section 45-18-10, relating to continued coverage in the employees' health insurance plan, and inserting:
'(b) Subject to such rules as the office may establish, any district attorney or assistant district attorney who ceases to hold office as such in order to accept appointment as a United States attorney or assistant United States attorney, who was eligible to retire at the time of leaving office, except for the attainment of retirement age, pursuant to a public retirement system created by law to which the General Assembly appropriates funds, and did not withdraw employee contributions from such public retirement sys tem, who declines coverage under this plan in order to be covered under a health benefit plan available to federal employees, and who ceases to hold such position with the fed eral government without having vested in any retirement system for federal employees may be permitted to reestablish full coverage and participation, including coverage for the spouse and dependent children of such person, in the health insurance plan by noti fying the board within 90 days of ceasing to be employed by the federal government or by August 1, 1998, whichever is later, that he or she desires to resume coverage in the health insurance plan and by paying to the board the monthly premium which is paid by an active state employee.'
SECTION 2.
Said title is further amended by".
By replacing "article" on line 33 with "title".
On pages 1 and 2, by redesignating Sections 2, 3, and 4 as Sections 3, 4, and 5, respec tively.

Representative Shanahan of the 10th moved that the House agree to the Senate amendments to HB 1423.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Andereon Y Ashe Y Bailey Y Bannister YBarfoot Y Barnard
YBarnes Y Bates
Beneiield Birdsong
Y Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges
Y Brooks Y Brown E Buck

Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Cash
Y Channel! Y Childere Y Clark
Coan
Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford
Y Crews Y Culbreth Y Cummings

Y Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dix Y Dixon
Y Dobbs Dukes Ehrhart
Y Epps
Evans Y Everett Y Felton Y Floyd Y Franklin
Y Golden 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
Hudson, H Y Hudson, N
Y Hugley Y Irvin Y Jackson

Y James Y Jamieson
Jenkins Johnson Y Johnston Jones Y Joyce
Y Kaye Y Ladd Y Lakly Y Lane
Y Lee Y Lewis Y Lord Y Lucas Y Maddox
Y Mann Y Manning Y Martin, J

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JOURNAL OF THE HOUSE,

Martin, J.L YMassey YMcBee YMcCall YMcClinton
McKinney Y Mills YMobley YMoaley YMueller YO'Neal YOrrock YParham YParrish Y Parsons YPelote Y Perry

Y Pinholster Y Pong Y Polak Y Ponder Y Porter Y Powell YPurcell Y Ragas Y Randall Y Ray Y Reaves Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal

Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Sherrill Y Shipp Y Sims Y Sinkfield Y Skipper Y Smith, C
Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P

On the motion, the ayes were 161, nays 0. The motion prevailed.

Y Smith, T Y Smith, V Y Smyre Y SneUing Y Snow Y Stallings
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 Y 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

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 447

The Committee of Conference on SB 447 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 447 be adopted.

Respectfully submitted.

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Richard O. Marable Senator, 52nd District

/s/ DuBose Porter Representative, 143rd District

/s/ Eddie M. Madden Senator, 47th District

/s/ Tom Sherrill Representative, 62nd District

/s/ Jack Hill Senator, 4th District

/s/ Maretta M. Taylor Representative, 134th District

A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to ele mentary and secondary education, so as to provide for 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 change the provisions regarding student program counts under

THURSDAY, MARCH 19, 1998

2573

the "Quality Basic Education Act" for students in the program established in Code Section 20-2-161.1; to provide for related matters; to provide for effective dates; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by adding a new Code section, to be designated as Code Section 20-2-68, to read as follows:
"20-2-68.
Upon determining that a school under its management and control is consistently underperforming or is otherwise educationally challenged, a local board of education may apply to the State Board of Education for the appointment of an educational care team for that school. The state board then may appoint an educational care team for that school. The educational care team shall consist of seven persons, each of whom has experience as a principal, teacher, or school administrator. Under the direction of the requesting local board of education, the educational care team shall conduct an investi gation of the educationally challenged school, prepare a written evaluation of the school, and make nonbinding recommendations to the local board for improvements at the school in instruction in mathematics, science, reading and other English courses, and social science. The educational care team may also provide instruction and conduct staff development sessions. Subject to appropriation by the General Assembly, at least four educational care teams shall be funded for each fiscal year."
SECTION 2. Said chapter is further amended in Code Section 20-2-160, relating to student program counts under the "Quality Basic Education Act," by striking subsection (a) and inserting in its place the following:
"(a) The State Board of Education shall designate the specific dates upon which two counts of students enrolled in each instructional program authorized under this article shall be made each school year and by which the counts shall be reported to the Depart ment of Education. The initial enrollment count shall be made after October 1 but prior to November 17 and the final enrollment count after March 1 but prior to May 1. The report shall indicate the student's specific assigned program for each one-sixth segment of the school day on the designated reporting date. No program shall be indicated for a student for any one-sixth segment of the school day that the student is assigned to a study hall; a noncredit course; a course recognized under this article or by state board policy as an enrichment course, except a driver education course; a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis; a course in which the student serves as a student assistant to a teacher, in a school office, or in the media center, except when such placement is an approved work site of a recognized career or vocational program; an individual study course for which no outline of course objectives is prepared in writing prior to the beginning of the course; or any other course or activity so designated by the state board. For the purpose of this Code section, the term 'enrichment course' means a course which does not dedi cate a major portion of the class time toward the development and enhancement of one or more student competencies as adopted by the state board under Code Section 20-2-140. A program shall not be indicated for a student for any one-sixth segment of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days; nor shall a program be indicated for a student for any one-sixth segment of the school day for which the stu dent is charged tuition or fees or is required to provide materials or equipment beyond those authorized pursuant to Code Section 20-2-133. A student who is enrolled in an eli gible institution under the program established in Code Section 20-2-161.1 may shall be counted for the high school program for only that portion of the day that the student is attending the high school for those segments that are eligible to be counted under this subsection and for that portion of the day that the student is attending such eligible

2574

JOURNAL OF THE HOUSE,

institution for those segments that would be eligible to be counted under this subsection if they were offered in that high school. The state board shall adopt such regulations and criteria as necessary to ensure objective and true counts of students in state approved instructional programs. The state board shall also establish criteria by which students shall be counted as resident or nonresident students, including specific circum stances which may include, but not be limited to, students attending another local school system under court order or under the terms of a contract between two local school systems. If a local school system has a justifiable reason, it may seek authority from the state board to shift full-time equivalent program counts from the designated date to a requested alternate date."
SECTION 3. Section 2 of this Act shall become effective on July 1, 1999. All other provisions of this Act shall become effective on July 1, 1998.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Porter of the 143rd moved that the House adopt the report of the Committee of Conference on SB 447.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderaon YAshe Y Bailey N Bannister YBarfoot N Barnard YBarnes N Bates Y Benefield NBirdsong N Bohannon Y Bordeaux N Bradford N Breedlove N Bridges Y Brooks N Brown EBuck
Buckner NBunn N Burkhalter NByrd N Campbell Y Canty NCash Y Channel! Y Childers N Clark NCoan YColeman, B Y Coleman, T YConneU N Cooper Y Crawford N Crews

Culbreth Y Cununings Y Davis, G N Davis, M NDay
DeLoach, B N DeLoach, G NDix NDiion YDobbs Y Dukes NEhrhart YEpps N Evans NEverett Y Felton Y Floyd N Franklin
Golden N Graves YGreene N Grindley N Hammontree Y Manner N Harbin Y Heard NHecht 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 Jenkins Johnson N Johnston Jones N Joyce NKaye NLadd NLakly NLane YLee N Lewis YLord Y Lucas Y Maddox YMann N Manning Y Martin, J N Martin, J.L NMassey YMcBee NMcCall Y McClinton McKinney N Mills Y Mobley NMosley N Mueller YO'Neal YOrrock YParham

YParrish N Parsons Y Pelote Y Perry N Pinholster NPoag YPolak N Ponder Y Porter N Powell YPurcell YRagas YRandall YRay
Reaves Y Reichert NRice N Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder N Scarlett N Scheid N Scott YShanahan YShaw YSherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L

N Smith, L.R N Smith, P N Smith, T N Smith, V YSmyre NSneUing YSnow Y Staffing* Y Stancil, F
N Stancil, S Y Stanley, L Y Stanley, P N Stephens Y Taylor YTeague YTeper Y Thomas Y TUlman NTitue Y Tolbert NTrense Y Turnquest
Twigg Walker, L N Walker, R.L Y Watson Y West N Westmorland NWhi taker N Wiles Y Williams, B NWilliame,J Williams, R
NWorthan N Yates
Murphy, Spkr

On the motion, the ayes were 88, nays 77. The motion was lost.

Representative Porter of the 143rd moved that the House reconsider its action in fail ing to adopt the Committee of Conference Report on SB 447.
On the motion, the roll call was ordered and the vote was as follows:

THURSDAY, MARCH 19, 1998

2575

Y Alien Y Anderaon
YAshe Y Bailey N Bannister YBarfoot N Barnard YBarnes N Bates N Benefield Y Birdsong N Bohannon
Y Bordeaux N Bradford NBreedlove N Bridges Y Brooks N Brown EBuck
Buckner
NBunn N Burkhalter NByrd N Campbell
Y Canty NCash YChannell Y Childera N Clark
NCoan Y Coleman, B YColeman, T YConnell
N Cooper Y Crawford
N Crews

Y Culbreth N Cummings Y Davis, G
N Davis, M NDay
DeLoacb, B N DeLoach, G NDii YDiion YDobbs Y Dukes NEhrhart YEpps N Evans NEverett Y Felton YFloyd N Franklin N Golden N Graves YGreene N Grindley N Hammontree
Manner N 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 Y Jamieson
Jenkins Johnson N Johnston Jones N Joyce NKaye NLadd NLakly YLane YLee N Lewis YLord Y Lucas Y Maddox NMann Manning Y Martin, J N Martin, J.L NMassey YMcBee YMcCall Y McCUnton McKinney N Mills Y Mobley NMosley N Mueller YO-Neal YOrrock YParham

YParrish N Parsons Y Pelote
N Perry N Pinholster NPoag YPolak N Ponder Y Porter Y Powell YPurcell YRagas YRandall YRay
Reaves Y Reichert NRice N Richardson
Roberts Y Rogers Y Royal N Sanders
Sauder N Scarlett N Scheid
N Scott Y Shanahan YShaw YSherriU YShipp YSims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L

N Smith, L.R N Smith, P N Smith, T N Smith, V Y Smyre NSnelling YSnow YStallings Y Stencil, F N Stencil, S Y Stanley, L Y Stanley, P N Stephens Y Taylor YTeague YTeper Y Thomas YTillman N Titus Y Tolbert NTrense Y Turnquest YTwiggs
Walker, L N Walker, R.L Y Watson YWest N Westmorelend N Whitaker NWUes Y Williams, B
N Williams, J Williams, R
NWorthan NYates
Murphy, Spkr

On the motion, the ayes were 90, nays 75. The motion prevailed.

Representative Porter of the 143rd moved that the House adopt the report of the Committee of Conference on SB 447.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderaon YAshe Y Bailey N Bannister
YBarfoot NBamard YBames N Bates Y Benefield
Y Birdsong N Bohannon Y Bordeaux N Bradford N Breedlove
N Bridges Y Brooks N Brown
EBuck Buckner
NBunn Burkhalter
NByrd N Campbell
Y Canty NCash YChannell
Y Childera N Clark

NCoan Y Coleman, B Y Coleman, T YConnell N Cooper Y Crawford N Crews Y Culbreth N Cummings Y Davis, G N Davis, M NDay
DeLoach, B N DeLoach, G NDix YDiion YDobbs Y Dukes NEhrhart YEpps N Evans N Everett Y Felton Y Floyd N Franklin
Y Golden N Graves YGreene N Grindley

N Hammontree YHanner N Harbin Y Heard NHecht YHeckstall Y Hegstrom YHenson Y Holland Y Holmes Y Houston Y Howard N Hudgens
Hudson, H Y Hudson, N Y Hugley NIrvin N Jackson
Y James Y Jamieson Y Jenkins
Johnson N Johnston Y Jones N Joyce NKaye NLadd NLakly NLane

YLee N Lewis YLord Y Lucas
Maddox NMann N Manning Y Martin, J N Martin. J.L NMassey YMcBee NMcCall Y McCUnton
McKinney N Mills
Mobley NMosley N Mueller Y O'Neal Y Orrock YParham YParrish
N Parsons Y Pelote Y Perry N Pinholster
NPoag YPolak Y Ponder

Y Porter Y Powell
Purcell YRagas YRandall YRay Y Reaves Y Reichert NRice N Richardson
Y Roberts Y Rogers Y Royal N Sanders N Sauder N Scarlett N Scheid N Scott Y Shanahan
Shaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L N Smith, L.R

2576

JOURNAL OF THE HOUSE,

N Smith, P N Smith, T N Smith, V YSmyre NSnelling Y Snow Y Stallings

YStancU, F N Stancil, S Y Stanley, L Y Stanley, P N Stephens Y Taylor Y Teague

Y Teper Y Thomas Y Tfflman N Titus Y Tolbert N Trense Y Turnquest

On the motion, the ayes were 91, nays 76. The motion prevailed.

Twiggs Y Walker, L N Walker, R.L Y Watson Y West N Westmorland N Whitaker

N Wiles Y Williams, B N Williams, J N Williams, R N Worthan N Yates
Murphy, Spb

The following Resolution of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SR 529

The Committee of Conference on SR 529 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SR 529 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Terrell Starr Senator, 44th District

Is/ Roy E. Barnes Representative, 33rd District

/s/ Paul C. Broun Senator, 46th District

/s/ Charlie Smith, Jr. Representative, 175th District

/s/ Eric B. Johnson Senator, 1st District

/s/ Thomas E. Shanahan Representative, 10th District

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

THURSDAY, MARCH 19, 1998

2577

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 fey 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, non-lottery educa tional resources for educational programs and purposes. The educational programs and educational purposes for which proceeds may be so appropriated shall include only the

(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 to attend institu tions operated under the authority of the Department of Technical and Adult Educa tion;

(2) Voluntary pre-kindergarten;

(3) One or more educational shortfall reserves in a total amount of not less than 10 percent of the net proceeds of the lottery for the preceding fiscal year;

to teachers at accredited public institutions who teach levels K-12, personnel at public postsecondary technical institutes under the authority of the Department of Technical and Adult Education, and professors and instructors within the University System of Georgia the necessary training in the use and application of computers and advanced electronic instructional technology to implement interactive learning environments in the classroom and to access the state-wide distance learning network; and

(5) Capital outlay projects for educational facilities:

provided, however, that no funds shall be appropriated for the items listed in para graphs (4) and (5) of this subsection until all persons eligible for and applying for assist ance as provided in paragraph (1) of this subsection have received such assistance, all approved pre-kindergarten programs provided for in paragraph (2) of this subsection have been fully funded, and the education shortfall reserve or reserves provided for in paragraph (3) of this subsection have been fully funded."

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 limit the educational pur poses and programs for which lottery proceeds may be appropriated and expended and to specify that scholarships, pre-kindergarten programs, and shortfall reserves shall receive priority over teacher technology train ing and capital outlay projects for educational facilities?"

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Representative Barnes of the 33rd moved that the House adopt the report of the Committee of Conference on SR 529.
On the motion, 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
Birdsong YBohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown
EBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty YCasb Y Channel! Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell
Cooper Y Crawford
Y Crews

Y Culbreth Y Cummings
Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G
Dix YDiion
Dobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree
Manner Y Harbin Y Heard YHecht YHeckstall Y HegBtrom 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
Lane YLee Y Lewis YLord Y Lucas
Y Maddox YMann Y Manning
Y Martin, J Y Martin, J.L YMassey YMcBee
McCall Y McClinton
McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham

On the motion, the ayes were 160, nays 0. The motion prevailed.

Y Parrish Y Parsons Y Pelote
Perry Y Pinholster YPoag YPolak Y Ponder Y Porter
Powell Y Purcell
YRagas YRandall YRay
Reaves Y Reichert YKice Y Richardson Y Roberts Y Rogers Y Royal
Sanders
Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
YShaw Y SherrUl YShipp YSims Y Sinkfield
Skipper Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre Y Snelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas Y Tilhnan
Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B
Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

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 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.

Representative Barnes of the 33rd moved that the House insist on its position in dis agreeing to the Senate substitute to HB 1604 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.

THURSDAY, MARCH 19, 1998

2579

The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Barnes of the 33rd, Alien of the 117th and Crawford of the 129th.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

HB 274. By Representative Childers of the 13th:
A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Anno tated, relating to psychologists, so as to change the provisions relating to immunity from liability for certain good faith actions.

The following Senate substitute was read:

A BILL
To amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to provide for agreements to grant licenses to persons licensed in other states; to change the provisions relating to investigations and the practices and procedures connected therewith; to provide for notices and records; to provide that certain records shall not be subject to subpoena and shall not be released except under certain circum stances; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, is amended by striking Code Section 43-39-10, relating to granting licenses to persons licensed in other states, and inserting in its place the following:
"43-39-10. (a) The board may grant a license to any person who at the time of application is licensed by a similar board of another state whose standards, in the opinion of the board, are not lower than those required by this chapter. The board may require the applicant to pass such written and oral examinations as the board may deem necessary. (b) The board may also, in its discretion, enter into an agreement with any similar board of any other state, directly or through an association, to the effect that each party to such an agreement, under the conditions therein stipulated, will grant licenses to psy chologists on the basis of a license having been granted by any other party to the agree ment."
SECTION 2. Said chapter is further amended by adding at the end of Code Section 43-39-13, relating to denial, revocation, or suspension of licenses to practice psychology, a new subsection (d) to read as follows:
"(d)(l) Notwithstanding the provisions of paragraph (2) of subsection (h) of Code Section 43-1-19, if a psychologist is the subject of a board investigation initiated as the result of a complaint or report to the board, a copy of the complaint or report shall be furnished to the psychologist as soon as practicable after the investigation is initiated but in any event prior to the delivery of a subpoena for the production of documents. If a psychologist is the subject of an investigation initiated by the board on its own initiative, a written statement of the acts or omissions being investigated shall be furnished to the psychologist as soon as practicable after the investigation is

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JOURNAL OF THE HOUSE,

initiated but in any event prior to the delivery of a subpoena for the production of documents. The board may defer providing the psychologist with a copy of the com plaint, report, or written statement if the board determines that the nature of the investigation requires that its existence not be disclosed. (2) When an investigation is completed and the board has determined that no action shall be initiated against the psychologist, the board shall, within 30 days of the clo sure of the investigative file, advise the psychologist in writing that the matter is closed and that no further proceedings are pending before the board. The documents furnished to the psychologist by the board as required by this Code section shall not be subject to subpoena and shall not be released except upon request of the licensee."
SECTION 3. This Act shall become effective on July 1, 1998, and shall apply to all investigations initi ated on or after July 1, 1998.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Barnes of the 33rd moves to amend the Senate substitute to HB 274 as follows:
P. 2 line 25 after "disclosed" add
to the psychologist but in no event later than the delivery of a subpoena for the produc tion of documents to the psychologist.

Representative Barnes of the 33rd moved that the House agree to the Senate substi tute, as amended by the House, to HB 274.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson
Ashe Y Bailey Y Bannister YBarfoot Y Barnard Y Barnes Y Bates Y Benefield YBirdsong YBohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown
EBuck 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 ConneU

Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay
DeLoach, B
YDeLoach, G
YDii
Y Diion
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 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 Maddoz YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall

Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller YO'Neal YOrrock YParham YParrish Y Parsons Y Pelote
Perry
Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell
YRagas YRandall YRay
Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett

Y Scheid Y Scott Y Shanahan YShaw
Y Sherrill YShipp YSims Y Smkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling
Snow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense

THURSDAY, MARCH 19, 1998

2581

Turnquest YTwiggs Y Walker, L

Y Walker, RX Y Watson Y West

Wertmoreland 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 168, nays 0. The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1268

The Committee of Conference on HB 1268 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1268 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Billy Ray Senator, 48th District

M Bob Holmes Representative, 53rd District

/s/ Nadine Thomas Senator, 10th District

M Greg Hecht Representative, 97th District

/s/ Loyce W. Turner Senator, 8th District

/s/ Buddy DeLoach Representative, 172nd District

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 new Parts 4 and 5 of Article 9 of Chapter 2 of said title regulating the authorization of optical scanning voting equipment and direct electronic recording voting systems; 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 enact new Parts 4 and 5 of Article 9 of Chapter 3 of said title regulating the authorization of optical scanning voting equipment and direct electronic recording voting systems; to change provisions relating to the enforcement powers of the State Election Board; to provide a penalty for failure of a local election superintendent to complete the required minimum biennial training; to change provisions relating to applications for registration; to provide for a 12:00 Noon deadline for challenges of persons on list of electors by other electors; to provide a time limit for county registrars to initiate action regarding persons whose names appear on list of convicted felons, mentally incompetent persons, or deceased persons; to change provi sions relating to changes in polling places; to change provisions relating to the forms of

2582

JOURNAL OF THE HOUSE,

the official ballots for primaries and general elections; to change provisions relating to absentee ballots; to change penalty provisions under this chapter; to provide for the desig nation of state-wide poll watchers for elections and municipal elections; to provide for lim itations and procedures; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PARTI
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 21-2-2802 including ballots read by optical scanning tabulators."
SECTION 2. Said title is further amended by striking paragraph (18.1) of Code Section 21-2-2, relating to definitions, and inserting in lieu thereof the following:
"(18.1) 'Plurality' means the receiving by one candidate alone of the highest number of votes cast for eligible candidates in an election among the candidates for the same officej provided that such number of votes exceeds 45 percent of the total number of votes cast in such election for such office. In the case where two or more persons tie in receiving the highest number of votes or no candidate receives more than 45 per cent of the total votes cast for eligible candidates in the election for the office sought there is no plurality."
SECTION 3. Said title is further amended by striking Code Section 21-2-33.1, relating to the enforce ment of Chapter 2, so as to strike subsection (a) and inserting in lieu thereof a new sub section (a) to read as follows:
"(a) The State Election Board is vested with the power to issue orders, after the com pletion of appropriate proceedings, directing compliance with this chapter or prohibiting the actual or threatened commission of any conduct constituting a violation, which order may include a provision requiring the violator:
(1) To cease and desist from committing further violations; a*d (2) To pay a civil penalty not to exceed $1,000.00 $5.000.00 for each violation of this chapter or for each failure to comply with any provision of this chapter or of any rule or regulation promulgated under this chapter. Such penalty may be assessed against an individual, a governing authority which employs or compensates an individual, or both, as the State Election Board deems appropriate; (3) To publicly reprimand an individual or governing authority found to have commit ted a violation; (4) To require that restitution be paid to a state, county, or city governing authority when it has suffered a monetary loss or damage as the result of a violation; (5) To require individuals to attend training as specified by the board; and (6) To assess investigative costs incurred by the board against an individual or the governing authority which employs or compensates an individual found to have com mitted a violation."
SECTION 4. Said title is further amended by striking Code Section 21-2-100, relating to the training of local election officials, and inserting in lieu thereof the following:
"21-2-100.
(a) On and after January 1, 1995, the election superintendent and at least one registrar of the county or, in counties with boards of election or combined boards of election and

THURSDAY, MARCH 19, 1998

2583

registration, at least one member of the board or a designee of the board shall attend a minimum of 12 hours' training biennially as may be selected by the Secretary of State. (b) The basis for the minimum requirement of training shall be two calendar years. (c) A waiver of the requirement of minimum training, either in whole or in part, may be granted by the Secretary of State, in the discretion of the Secretary of State, upon the presentation of evidence by the election superintendent, registrar, or board that the individual was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the Secretary of State. (d) The cost of the training shall be borne by the governing authority of each county from county funds. (e) A superintendent and the governing authority which employs the superintendent may be fined by the State Election Board for failure to attend the training required in this Code section. <e>(f) The minimum training required under this Code section shall not apply to deputy registrars."
SECTION 5. Said title is further amended by striking Code Section 21-2-220, relating to applications for registration, and inserting in lieu thereof the following:
"21-2-220.
(a) Any person desiring to register as an elector shall apply to do so by making applica tion to a registrar or deputy registrar of such person's county of residence in person, by submission of the federal post card application form as authorized under Code Section 21-2-219, by making application through the Department of Public Safety as provided in Code Section 21-2-221, by making application through designated offices as provided in Code Section 21-2-222, or by making application by mail as provided in Code Section 21-2-223. (b) Notwithstanding any other provision of this title, whenever a person makes applica tion to register in person or through the means specified in this Code section, the person authorized to offer registration shall inquire as to whether the individual seeking regis tration is a citizen of the United States, and the person offering registration shall not be required to offer registration to an individual who answers such inquiry with a nega tive response. fb}(c) If an applicant fails to provide all of the required information on the application for voter registration, the board of registrars shall notify the registrant in writing of the missing information. The board of registrars shall not determine the eligibility of the applicant until and unless all required information is supplied by the applicant. If the initial application is received prior to the close of voter registration prior to an election, if the applicant supplies the necessary information on or prior to the date of the elec tion, and if the applicant is found eligible to vote, the applicant shall be added to the list of electors and shall be permitted to vote in the election and any runoff run-off elec tions resulting therefrom and subsequent elections. In the event the elector does not respond to the request for the missing information within 30 days, the application shall be rejected. {e>(d) If an applicant submits false information, the board of registrars shall reject the application and shall refer the application to the district attorney of the county for crim inal prosecution. If the false information is not discovered until after the applicant's application has been approved and the applicant's name added to the list of electors, the giving of such false information shall be cause to challenge the applicant's right to remain on the list of electors, which, if sustained, shall result in such applicant's name being removed from the list and the application being submitted to the district attorney of the county for criminal prosecution."
SECTION 6. Said title is further amended by striking subsection (a) of Code Section 21-2-230, relating to the challenge of persons on a list of electors by other electors, and inserting in lieu thereof the following:

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JOURNAL OF THE HOUSE,

"(a) Any elector of the county may challenge the right of any other elector of the county, whose name appears on the list of electors, to vote in an election. Such challenge shall be in writing and specify distinctly the grounds of such challenge. Such challenge may be made at any time prior to the elector whose right to vote is being challenged voting at the elector's polling place or, if such elector cast an absentee ballot, prior to the etese ef the polla 12:00 Noon on the day of the election."
SECTION 7. Said title is further amended by striking Code Section 21-2-231, relating to lists of persons convicted of felonies, persons declared mentally incompetent, and deceased persons pro vided to the Secretary of State, and inserting in lieu thereof the following:
"21-2-231.
(a) The clerk of the superior court of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who were con victed of a felony involving moral turpitude during the preceding calendar month in the county. (b) The judge of the probate court of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who were declared mentally incompetent during the preceding calendar month in the county and whose voting rights were removed. (c) The local registrar of vital statistics of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who died during the preceding calendar month in the county. The Secretary of State may, by agreement with the commissioner of human resources, obtain such information from the state regis trar of vital statistics. (d) Upon receipt of such lists and the lists of persons convicted of felonies in federal courts received pursuant to 42 U.S.C. Section 1973gg-6(g), the Secretary of State shall transmit the names of such persons whose names appear on the list of electors to the appropriate county board of registrars who shall remove such names from the list of electors and shall mail a notice of such action and the reason therefor to the last known address of such persons by first-class mail. (e) County registrars shall initiate appropriate action regarding the right of an elector to remain on the list of qualified registered voters within 60 days after receipt of the information described in this Code section. Failure to take such action may subject the registrars or the governing authority for whom the registrars are acting to a fine by the State Election Board."
SECTION 8. Said title is further amended by striking subsection (a) of Code Section 21-2-265, relating to polling places, and inserting in lieu thereof the following:
"(a) The superintendent shall select and fix the polling place within each precinct and may, either on his the superintendent's own motion or on petition of ten electors of a precinct, change the polling place within any precinct. Except in case of an emergency or unavoidable event occurring within ten days of a primary or election, which emer gency or event renders any polling place unavailable for use at such primary or election, the superintendent shall not change any polling place until at least te days after notice of the proposed change shall have been published for two consecutive weeks in the legal organ for the county or municipality in which the polling place is located. Additionally, on the first election day following such change, a notice of such change shall be posted on the existing previous polling place and at three other places in the immediate vicinity

THURSDAY, MARCH 19, 1998

2585

pant or owner of the previous polling place, or his or her agent, shall be notified in writ ing of such change at the time notice is published in the legal organ."
SECTION 9. Said title is further amended by striking Code Section 21-2-284, relating to the form of the official primary ballot, and inserting in lieu thereof the following:
"21-2-284.
(a) In each primary separate official ballots shall be prepared for the political party holding the primary. At the top of each ballot shall be printed in prominent type the words 'OFFICIAL PRIMARY BALLOT OF ___________ PARTY FOR,' fol lowed by the designation of the precinct for which it is prepared and the name and date of the primary. (b) Immediately under this caption, the following directions shall be printed: 'Place a cross (X) or check (/) mark in the square opposite the name of each candidate for whom you choose to vote. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' (c) Immediately under the directions, the names of all candidates who have qualified with the party in accordance with this chapter and party rules and who have been certi fied to the superintendent or Secretary of State as having so qualified shall be printed on the ballots. The names of the candidates shall in all cases be arranged under the title of the office for which they are candidates and be printed thereunder in alphabetical order. The incumbency of a candidate seeking party nomination for the public office he or she then holds shall be indicated on the ballots. Under the title of each office shall be placed a direction as to the number of candidates to be voted for. (d) If at any primary a political party shall submit to its members any matter or ques tion to be voted upon, the party shall by the deadline for certifying candidates for the primary election certify the wording of said question to the superintendent, if to be voted on by one county only, or to the Secretary of State, if to be voted on by more than one county; and the superintendent or Secretary of State shall have such language printed on the ballot form. To the left of each question there shall be placed the words 'Yes' and 'No' together with appropriate squares to the left of each for the convenient insertion of a cross (X) or check (0 mark. (e) Each ballot shall have printed thereon the following:
T 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.' <e){fj The ballots shall vary in form only as the names of precincts, offices, candidates, color of ballot cards, or this chapter may require."
SECTION 10. Said title is further amended by striking Code Section 21-2-285, relating to the form of the official election ballot, and inserting in lieu thereof the following:
"21-2-285.
(a) At the top of each ballot for an election shall be printed in prominent type the words 'OFFICIAL BALLOT,' followed by the designation of the precinct for which it is prepared and the name and date of the election. (b) Immediately under this caption on a ballot presenting the names of candidates for election to office, the following directions shall be printed, insofar as the same may be appropriate for the election involved:
(1) To vote for presidential electors, mark a cross (X) or check oo mark in the square opposite the names of the candidates of the party or body for the offices of President and Vice President you choose to vote for. Place a cross (X) or check (/) mark in the square opposite the name of each candidate you choose to vote for. To vote for a per son whose name is not on the ballot, manually write his or her name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.

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(2) Marks made in violation of these directions shall be disregarded in the counting of the votes cast. The names of persons inserted on the ballot by the elector shall be manually written only within the write-in column and the insertion of such names out side such column or by the use of a sticker, paster, stamp, or other printed or written matter is prohibited. (c) Immediately under the directions, the names of all candidates who have been nomi nated in accordance with the requirements of this chapter shall be printed on the ballot and the names of the candidates shall in all cases be arranged under the titles of the respective offices they are seeking. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot. The names of candidates who are nominees of a political party shall be placed under the name of their party. The columns of political parties shall be printed on the ballot, beginning on the left side thereof, and shall be arranged from left to right in the descending order of the totals of votes cast for candidates of the political parties for Governor at the last guber natorial election. The columns of parties having no candidate for Governor on the ballot at the last gubernatorial election shall be arranged alphabetically according to the party name to the right of the columns of the parties so represented. The columns of political bodies shall be arranged alphabetically according to the body name to the right of the party columns. The names of all independent candidates shall be printed on the ballot in a column or columns under the heading 'Independent,' which shall be placed to the right of the political body columns. In the case of two or more independent candidates seeking the same office, their names shall be arranged under the title of the office in alphabetical order. The names of candidates seeking the same office shall be printed horizontally opposite one another in their respective columns, and such columns shall be of sufficient length to permit such an arrangement. To the right of the independent col umn or columns shall be printed a blank column sufficient for the insertion of write-in votes. At the left of the name heading every column on the ballot and at the left of the name of every candidate thereon shall be a square of sufficient size for the convenient
insertion of a cross (X) or check (/) nark. (d) Unless a candidate has filed with his or her nominating petition a certificate from a political party or body attesting that such candidate is the nominee of such party by virtue of having been nominated in a duly constituted party convention, the candidate's name shall appear on the ballot under the independent column.
(e) When presidential electors are to be elected, the names of the nominees of each political party or body for such offices shall be arranged alphabetically under the names of the candidates of the party or body for President and Vice President of the United States.
(f) When proposed constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may be printed upon the ballot to the right of or below the groups of candidates for the various offices. Proposed constitutional amendments so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State. Unless otherwise provided by law, any other state-wide questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be deter mined by the Secretary of State and any local questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent. To the left of each question there shall be placed the words 'Yes' and 'No' together with appropriate squares to the left of each for the convenient insertion of a cross (X) or check (/) mark unless other wise directed by the General Assembly.
(g) Each ballot shall have printed thereon the following:
'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.'
feHh) The ballots shall vary in form only as the names of precincts, offices, candidates, or this chapter may require."

THURSDAY, MARCH 19, 1998

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SECTION 11. Said title is further amended by designating current subsection (j) of Code Section 21-2-325, relating to the form of ballot labels generally, as subsection (k) and inserting a new subsection (j) to read as follows:
"(j) Within the instruction section of the ballot label there shall be printed the follow ing:
'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.'"
SECTION 12. Said title is further amended by striking Code Section 21-2-354, relating to the form of ballot labels, and inserting in lieu thereof the following:
"21-2-354.
(a) The ballot labels shall be printed in black ink upon clear, white, or colored material, of such size and arrangement as will suit the construction of the vote recorder, and in plain, clear type so as to be easily readable by persons with normal vision; provided, however, that red material shall not be used. (b) The arrangement of offices, names of candidates, and questions upon the ballot labels shall conform as nearly as practicable to this chapter for the arrangement of same on paper ballots; provided, however, that such form may be varied in order to present a clear presentation of candidates and questions to the electors. In the event that there are more candidates for any office than can be placed upon one page, the label shall be clearly marked to indicate that the names of candidates for the office are continued on the following page. (c) Within the instruction section of the ballot label there shall be printed the following:
^1 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.' {e>(d) The form and arrangement of ballot labels shall be prescribed by the Secretary of State and prepared by the superintendent."

SECTION 13. 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 14. Said title is further amended by inserting after Part 3 of Article 9 of Chapter 2 thereof new Parts 4 and 5 to read as follows:
"Part 4
21-2-365. No optical scanning voting system shall be adopted or used unless it shall, at the time, satisfy the following requirements:
(1) It shall provide facilities for voting for such candidates as may be nominated and upon such questions as may be submitted; (2) It shall permit each elector, in one operation per ballot card, to vote for all the candidates of one party or body for presidential electors; (3) Except as provided in paragraph (2) of this Code section for presidential electors, it shall permit each elector, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination;

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(4) It shall permit each elector to vote, at any election, for any person and for any office for whom and for which he or she is lawfully entitled to vote, whether or not the name of such person or persons appears upon a ballot label as a candidate for election; to vote for as many persons for an office as he or she is entitled to vote for; and to vote for or against any question upon which he or she is entitled to vote; (5) When used in conjunction with a tabulating machine, it shall preclude the count ing of votes for any candidate or upon any question for whom or upon which an elec tor is not entitled to vote; shall preclude the counting of votes for more persons for any office than he or she is entitled to vote for; and shall preclude the counting of votes for any candidate for the same office or upon any question more than once; (6) It shall permit voting in absolute secrecy so that no person can see or know for whom any other elector has voted or is voting, save an elector whom he or she has assisted or is assisting in voting, as prescribed by law; (7) It shall be constructed of material of good quality in a neat and workmanlike manner; (8) It shall, when properly operated, record correctly and accurately every vote cast; (9) It shall be so constructed that an elector may readily learn the method of operat ing it; and (10) It shall be safely transportable.
21-2-366. The governing authority of any county may at any regular meeting or at a special meet ing called for the purpose, by a majority vote, authorize and direct the use of optical scanning voting systems for recording and computing the vote at elections held in the county; and thereupon the governing authority shall purchase, lease, rent, or otherwise procure optical scanning voting systems conforming to the requirements of this part.
21-2-367. (a) When the use of optical scanning voting systems has been authorized in the manner prescribed in this part, such optical scanning voting systems shall be installed, either simultaneously or gradually, within the county. Upon the installation of optical scanning voting systems in any precinct, the use of paper ballots or other voting machines or apparatus therein shall be discontinued, except as otherwise provided by this chapter. (b) In each precinct in which optical scanning voting systems are used, the governing authority shall provide at least one such system for each 200 electors therein, or fraction thereof. (c) Optical scanning voting systems of different kinds may be used for different pre cincts in the same county. (d) The governing authority shall provide optical scanning voting systems in good work ing order and of sufficient capacity to accommodate the names of a reasonable number of candidates for all party offices and nominations and public offices which, under the provisions of existing laws and party rules, are likely to be voted for at any future pri mary or election.
21-2-368. (a) Any person or organization owning, manufacturing, or selling, or being interested in the manufacture or sale of, any optical scanning voting system may request the Secre tary of State to examine the optical scanning voting system. Any ten or more electors of this state may, at any time, request the Secretary of State to reexamine any optical scanning voting system previously examined and approved by him or her. Before any such examination or reexamination, the person, persons, or organization requesting such examination or reexamination shall pay to the Secretary of State the reasonable expenses of such examination. The Secretary of State may, at any time, in his or her discretion, reexamine any optical scanning voting system. (b) The Secretary of State shall thereupon examine or reexamine such optical scanning voting system and shall make and file in his or her office a report, attested by his or her signature and the seal of his or her office, stating whether, in his or her opinion, the kind of optical scanning voting system so examined can be safely used by electors

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at primaries and elections as provided in this chapter. If this report states that the opti cal scanning voting system can be so used, the optical scanning voting system shall be deemed approved; and optical scanning voting systems of its kind may be adopted for use at primaries and elections as provided in this chapter. (c) No kind of optical scanning voting system not so approved shall be used at any pri mary or election and if, upon the reexamination of any optical scanning voting system previously approved, it shall appear that the optical scanning voting system so reexamined can no longer be safely used by electors at primaries or elections as provided in this chapter, the approval of the same shall immediately be revoked by the Secretary of State; and no such optical scanning voting system shall thereafter be purchased for use or be used in this state. Every county or municipality which has previously pur chased an optical scanning voting system shall submit such system to the Secretary of State for examination not later than January 1, 1999. (d) When an optical scanning voting system has been so approved, no improvement or change that does not impair its accuracy, efficiency, or capacity shall render necessary a reexamination or reapproval of the optical scanning voting system, or of its kind. (e) Neither the Secretary of State, nor any custodian, nor the governing authority of any county or a member of such authority nor any other person involved in the examination process shall have any pecuniary interest in any optical scanning voting system or in the manufacture or sale thereof.
21-2-369. (a) The ballot labels shall be printed in black ink upon clear, white, or colored material, of such size and arrangement as will suit the construction of the optical scanner, and in plain, clear type so as to be easily readable by persons with normal vision; provided, however, that red material shall not be used. (b) The arrangement of offices, names of candidates, and questions upon the ballots shall conform as nearly as practicable to this chapter for the arrangement of same on paper ballots; provided, however, that such form may be varied in order to present a clear presentation of candidates and questions to the electors. (c) The form and arrangement of ballots shall be prescribed by the Secretary of State and prepared by the superintendent.
21-2-370. In primaries, separate optical scanners shall be used for each political party.
21-2-371. (a) If ballot labels for a precinct at which an optical scanning voting system is to be used shall not be delivered to the poll officers as required by this chapter, the chief manager of such precinct shall cause other labels to be prepared, printed, or written, as nearly in the form of official ballot labels as practicable; and the poll officers shall cause the labels, so substituted, to be used at the primary or election, in the same manner, as nearly as may be, as the official labels. Such labels, so substituted, shall be known as unofficial ballot labels. (b) If any optical scanning voting system being used in any primary or election shall become out of order during such primary or election, it shall, if possible, be repaired or another optical scanning voting system substituted by the custodian or superintendent as promptly as possible, for which purpose the governing authority of the county may purchase as many extra optical scanning voting systems as it may deem necessary; but, in case such repair or substitution cannot be made, paper ballots, printed or written, and of any suitable form, may be used for the taking of votes.
21-2-372. Ballot cards shall be of suitable design, size, and stock to permit processing by a tabu lating machine and shall be printed in black ink on clear, white, or colored material. A serially numbered strip shall be attached to each ballot card in a manner and form simi lar to that prescribed in this chapter for paper ballots.
21-2-373.

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In elections, electors shall be permitted to cast write-in votes. The design of the ballot card shall permit the managers, in counting the write-in votes, to determine readily whether an elector has cast any write-in vote not authorized by law. The Secretary of State, in specifying the form of the ballot, and the State Election Board, in promulgat ing rules and regulations respecting the conduct of elections, shall provide for ballot secrecy in connection with write-in votes.
21-2-374. (a) The superintendent of each county shall cause the proper ballot labels to be placed on each set of optical scanning voting equipment which is to be used in any precinct within such county and shall cause each set of optical scanning voting equipment to be placed in proper order for voting. (b) The superintendent shall appoint one custodian of optical scanning voting systems and such deputy custodians as may be necessary, whose duty it shall be to prepare the optical scanning voting systems to be used in the county at the primaries and elections to be held therein. Each custodian and deputy custodian shall receive from the county such compensation as shall be fixed by the governing authority of the county. Such cus todian shall, under the direction of the superintendent, have charge of and represent the superintendent during the preparation of the optical scanning voting systems as required by this chapter, and he or she and the deputy custodians, whose duty it shall be to assist him or her in the discharge of his or her duties, shall serve at the pleasure of the superintendent. Each custodian shall take an oath of office framed by the Secretary of State, which shall be filed with the superintendent. (c) On or before the third day preceding a primary or election, the superintendent shall have the optical scanners tested to ascertain that they will correctly count the votes cast for all offices and on all questions. Public notice of the time and place of the test shall be made at least five days prior thereto. Representatives of political parties and bodies, candidates, news media, and the public shall be permitted to observe such tests. The test shall be conducted by processing a preaudited group of ballot cards so marked as to record a predetermined number of valid votes for each candidate and on each ques tion and shall include for each office one or more ballot cards which have votes in excess of the number allowed by law in order to test the ability of the optical scanner to reject such votes. The optical scanner shall not be approved unless it produces an errorless count. If any error is detected, the cause therefor shall be ascertained and corrected; and an errorless count shall be made before the scanner is approved. The same test shall be repeated immediately before the start of the official count of the ballot cards and at the conclusion of such count. The superintendent or custodian shall also prepare the optical scanning voting equipment for voting at the various polling places to be used in the pri mary or election. In preparing the optical scanning voting equipment, he or she shall arrange the optical scanning voting equipment and the ballot labels so that they meet all requirements of voting and counting at such primary or election, thoroughly inspect and test the optical scanning voting equipment, and file a certificate in the office of the superintendent that the equipment is in proper order with correct ballot labels. (d) No superintendent, nor custodian, nor other employee of the superintendent shall in any way prevent free access to and examination of all optical scanning voting equip ment which is to be used at the primary or election, by any interested persons. (e) In every primary or election, the superintendent shall furnish, at the expense of the county, all ballot labels, forms of certificates, and other papers and supplies required under this chapter and which are not furnished by the Secretary of State, all of which shall be in the form and according to the specifications prescribed, from time to time, by the Secretary of State.
21-2-375.
(a) The superintendent shall deliver the proper optical scanning voting equipment, properly furnished, to the polling places at least one hour before the time set for open ing the polls at each primary or election and shall cause each to be set up in the proper manner for use in voting. The superintendent shall place each set of optical scanning

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voting equipment in a voting booth so that the ballot labels on the equipment can be plainly seen by the poll officers when not being voted on. (b) The superintendent shall provide ample protection against molestation of and injury to the optical scanning voting equipment and, for that purpose, shall call upon any law enforcement officer to furnish such assistance as may be necessary; and it shall be the duty of the law enforcement officer to furnish such assistance when so requested by the superintendent. (c) The superintendent shall furnish for each set of optical scanning voting equipment at least one hour before the opening of the polls:
(1) A lamp which shall give sufficient light to enable electors, while in the voting booth, to read the ballot labels, and which shall be suitable for the use of poll officers in examining the equipment; and the lamp shall be prepared and in good order for use before the opening of the polls; (2) Two sample ballots printed on a single sheet of white paper or a number of sheets stapled together which shall be a reasonable facsimile of the ballot labels as will be in use in the primary or election and accompanied by directions for voting on the optical scanning voting equipment; and such sample ballots shall be posted promi nently outside the enclosed space within the polling place; and (3) A seal for sealing the optical scanning voting system after the polls are closed and such other materials and supplies as may be necessary or as may be required by law.
21-2-376. During the 30 days next preceding a general primary or election or during the ten days next preceding a special primary or election, the superintendent shall place on public exhibition, in such public places and at such times as he or she may deem most suitable for the information and instruction of the electors, one or more sets of optical scanning voting equipment. Insofar as practicable, the equipment shall contain the ballot labels and show the offices and questions to be voted upon, the names and arrangements of parties and bodies, and the names and arrangements of the candidates to be voted for. Such equipment shall be under the charge and care of a person competent as custodian and instructor.
21-2-377. (a) The superintendent shall designate a person or persons who shall have the custody of the optical scanning voting systems of the county when they are not in use at a pri mary or election and shall provide for his or her compensation and for the safe storage and care of the optical scanning voting systems. (b) All optical scanning voting systems, when not in use, shall be properly covered and stored in a suitable place or places.
21-2-378. The governing authority of any county which adopts optical scanning voting systems in the manner provided for by this part shall, upon the purchase of optical scanning voting systems, provide for their payment by the county. Bonds or other evidence of indebted ness may be issued in accordance with the provisions of law relating to the increase of indebtedness of counties to meet all or any part of the cost of the optical scanning vot ing systems.
21-2-379. If a method of nomination or election for any candidate or office, or of voting on any question is prescribed by law, in which the use of optical scanning voting systems is not possible or practicable, or in case, at any primary or election, the number of candidates seeking nomination or nominated for any office renders the use of optical scanning vot ing systems for such office at such primary or election impracticable, or if, for any other reason, at any primary or election the use of optical scanning voting systems wholly or in part is not practicable, the superintendent may arrange to have the voting for such candidates or offices or for such questions conducted by paper ballots. In such cases, paper ballots shall be printed for such candidates, offices, or questions, and the primary or election shall be conducted by the poll officers, and the ballots shall be counted and

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return thereof made in the manner required by law for such nominations, offices, or questions, insofar as paper ballots are used.
Parts
21-2-379.1. No direct electronic recording voting system shall be adopted or used unless it shall, at the time, satisfy the following requirements:
(1) It shall provide facilities for voting for such candidates as may be nominated and upon such questions as may be submitted; (2) It shall permit each elector, in one operation, to vote for all the candidates of one party or body for presidential electors; (3) Except as provided in paragraph (2) of this Code section for presidential electors, it shall permit each elector, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination; (4) It shall permit each elector to vote, at any election, for any person and for any office for whom and for which he or she is lawfully entitled to vote, whether or not the name of such person or persons appears as a candidate for election; to vote for as many persons for an office as he or she is entitled to vote for; and to vote for or against any question upon which he or she is entitled to vote; (5) It shall preclude the counting of votes for any candidate or upon any question for whom or upon which an elector is not entitled to vote; shall preclude the counting of votes for more persons for any office than he or she is entitled to vote for; and shall preclude the counting of votes for any candidate for the same office or upon any ques tion more than once; (6) It shall permit voting in absolute secrecy so that no person can see or know for whom any other elector has voted or is voting, save an elector whom he or she has assisted or is assisting in voting, as prescribed by law; (7) It shall be constructed of material of good quality in a neat and workmanlike manner; (8) It shall, when properly operated, record correctly and accurately every vote cast; (9) It shall be so constructed that an elector may readily learn the method of operat ing it; and (10) It shall be safely transportable.
21-2-379.2. (a) Any person or organization owning, manufacturing, or selling, or being interested in the manufacture or sale of, any direct electronic recording voting system may request the Secretary of State to examine the system. Any ten or more electors of this state may, at any time, request the Secretary of State to reexamine any such system previ ously examined and approved by him or her. Before any such examination or reexamination, the person, persons, or organization requesting such examination or reexamination shall pay to the Secretary of State the reasonable expenses of such examination. The Secretary of State may, at any time, in his or her discretion, reexamine any such system. (b) The Secretary of State shall thereupon examine or reexamine such direct electronic recording voting system and shall make and file in his or her office a report, attested by his or her signature and the seal of his or her office, stating whether, in his or her opinion, the kind of system so examined can be safely used by electors at primaries and elections as provided in this chapter. If this report states that the system can be so used, the system shall be deemed approved; and systems of its kind may be adopted for use at primaries and elections as provided in this chapter. (c) No kind of direct electronic recording voting system not so approved shall be used at any primary or election and if, upon the reexamination of any such system previously approved, it shall appear that the system so reexamined can no longer be safely used by electors at primaries or elections as provided in this chapter, the approval of the same shall immediately be revoked by the Secretary of State; and no such system shall thereafter be purchased for use or be used in this state.

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(d) When a direct electronic recording voting system has been so approved, no improve ment or change that does not impair its accuracy, efficiency, or capacity shall render necessary a reexamination or reapproval of such system, or of its kind. (e) Neither the Secretary of State, nor any custodian, nor the governing authority of any county or a member of such authority nor any other person involved in the examination process shall have any pecuniary interest in any direct electronic recording voting system or in the manufacture or sale thereof.
21-2-379.3. The governing authority of any county which adopts direct electronic recording voting systems in the manner provided for by this part shall, upon the purchase of direct elec tronic recording voting systems, provide for their payment by the county. Bonds or other evidence of indebtedness may be issued in accordance with the provisions of law relating to the increase of indebtedness of counties to meet all or any part of the cost of the direct electronic recording voting systems.
21-2-379.4. The governing authority of any county may at any regular meeting or at a special meet ing called for the purpose, by a majority vote, authorize and direct the purchase of direct electronic recording voting systems for recording and computing the vote at elec tions held in the county; and thereupon the governing authority shall purchase, lease, rent, or otherwise procure direct electronic recording voting systems conforming to the requirements of this part."
SECTION 15. Said title is further amended by striking Code Section 21-2-383, relating to the preparation and delivery of ballots, and inserting in lieu thereof the following:
"21-2-383.
Ballots for use by absentee electors shall be prepared sufficiently in advance by the superintendent and shall be delivered to the board of registrars as provided in Code Sec tion 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 or vote recorders 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 e the face thereof with other instructions thereon the following:
'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."
SECTION 16. Said title is further amended by striking subsections (a) and (b) of Code Section 21-2-386, relating to safekeeping, certification, and validation of absentee ballots, and inserting in lieu thereof the following:
"(a)(l) The board of registrars shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election except as otherwise provided in paragraph (2) of this subsec tion. Upon receipt of each ballot, a registrar shall write the day and hour of the receipt of the ballot on its envelope. The registrar shall then compare the identifying information on the oath with the information on file in his or her office, shall compare the signature or mark on the oath with the signature or mark on the absentee elector's application for absentee ballot or a facsimile of said signature or mark taken from said application, and shall, if the information and signature appear to be valid, so certify by signing his or her name below the voter's oath. Each elector's name so certified shall be listed by the registrar on the numbered list of absentee voters prepared for his or her precinct. If the elector has failed to sign the oath, or if the signature does

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not appear to be valid, or if the elector has failed to furnish required information or information so furnished does not conform with that on file in the registrar's office, or if the elector is otherwise found disqualified to vote, the registrar shall write across the face of the envelope 'Rejected,' giving the reason therefor. The board of registrars shall promptly notify the elector of such rejection, a copy of which notification shall be retained in the files of the board of registrars for at least one year. Three copies of the numbered list of voters shall also be prepared for such rejected absentee elec tors, giving the name of the elector and the reason for the rejection in each case. Three copies of the numbered list of certified absentee voters and three copies of the numbered list of rejected absentee voters for each precinct shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for numbered lists of voters. All absentee ballots returned to the board after the closing of the polls on the day of the primary or election shall be safely kept unopened by the board for the period of time required for the preservation of ballots used at the primary or election and shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. The board of registrars shall promptly notify the elector by first-class mail that the elector's ballot was returned too late to be counted and that the elector will not receive credit for voting in the primary or election. (2) After &90 PM= 12:00 Noon and until the closing of the polls on the day of the primary or election, the registrars shall be authorized to open the outer envelope on which is printed the oath of the elector in such a manner as not to destroy the oath printed thereon; provided, however, that the registrars shall not be authorized to remove the contents of such outer envelope or to open the inner envelope marked 'Official Absentee Ballot.' At least three persons who are registrars, deputy registrar or poll workers must be present before commencing. (b) After the etes* ef- th polls As soon as practicable after 12:00 Noon on the day of the primary or election, in precincts other than those in which vote recorders are used, a registrar shall deliver the official absentee ballot of each certified absentee elector, each rejected absentee ballot, applications for such ballots, and copies of the numbered lists of certified and rejected absentee electors to the manager in charge of the absentee ballot precinct of the county, which shall be located in the precincts containing the county courthouse. After the close of the polls on the day of the election, such Seh manager with two assistant managers, appointed by the superintendent, with such clerks as the manager deems necessary shall count the absentee ballots following the proce dures prescribed by this chapter for other ballots, insofar as practicable, and prepare an election return for the county showing the results of the absentee ballots cast in such county. In those precincts in which vote recorders are used, such absentee ballots shall be taken to the tabulation center or other place designated by the superintendent, and the official receiving such absentee ballots shall issue his or her receipt therefor. A man ager shall then open the envelope in such manner as not to destroy the oath printed thereon and shall deposit the inner envelope marked 'Official Absentee Ballot' in a bal lot box reserved for absentee ballots and shall count the absentee ballots for the county in the manner as prescribed above. In no event shall the counting of the ballots begin before the polls close."
SECTION 17. Said title is further amended in Code Section 21-2-408, relating to poll watchers, by desig nating the existing language of subsection (b) as paragraph (1) of said subsection, inserting a new paragraph (2) of subsection (b), and striking subsection (d) and inserting in lieu thereof a new subsection (d), so that paragraph (2) of subsection (b) and subsection (d) read as follows:
"(2) In an election or run-off election, each political party and political body, which body is registered pursuant to Code Section 21-2-110 and has nominated a candidate for state-wide office, shall additionally be entitled to designate, at least 14 days prior to such election or run-off election, no more than five official state-wide poll watchers to be selected by the appropriate party or body executive committee. Each indepen dent candidate shall also be entitled to designate five official state-wide poll watchers.

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In addition, candidates running in a state-wide nonpartisan election shall be entitled to designate five official state-wide poll watchers. All such designations of state-wide poll watchers shall be in writing and made and submitted to the State Election Board. A state-wide poll watcher shall have the same powers and duties as poll watchers and shall be entitled to watch the polls in any precinct in the state but shall otherwise be subject to all limitations and prohibitions placed on poll watchers. Each state-wide poll watcher shall be given a letter signed by the chairperson of the State Election Board. Such letter shall contain the following information: name of official state-wide poll watcher, address, a statement that such poll watcher is a state-wide poll watcher, and date of election or run-off election. At least three days prior to the election, a copy of the letter shall be delivered to the superintendent of each county in which the poll watcher might serve." "(d) Notwithstanding any other provisions of this chapter, a poll watcher may be per mitted behind the enclosed space for the purpose of observing the conduct of the elec tion and the counting and recording of votes. Such poll watcher shall in no way interfere with the conduct of the election, and the poll manager may make reasonable regulations to avoid such interference. Without in any way limiting the authority of poll managers, poll watchers are prohibited from talking to voters, checking electors lists, or participa ting in any other form of campaigning while they are behind the enclosed space. If a poll watcher persists in interfering with the conduct of the election or in violating any of the provisions of this Code section after being duly warned by the poll manager or superintendent, he or she may be removed by such official. Any infraction or irregulari ties observed by poll watchers shall be reported directly to the superintendent, not to the poll manager. The superintendent shall furnish a badge to each poll watcher bearing the words 'Official Poll Watcher,' the name of the poll watcher, the primary or election in which the poll watcher shall serve, and either the precinct or tabulating center in which the poll watcher shall serve or a statement that such poll watcher is a state-wide poll watcher. The poll watcher shall wear such badge at all times while serving as a poll watcher."
SECTION 18. 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:
"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 per son whose name is not on the ballot, manually write his or her name in the write-in space provided 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.

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(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. 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.

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(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 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.

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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 hallots: (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 19. Said title is further amended by striking Code Section 21-2-599, relating to the punish ment for felonies under Chapter 2, and inserting in lieu thereof the following:
"21-2-599.
Any person convicted of a felony under this chapter shall be punished by a fine not to exceed $2,000.00 $10,000.00 or imprisonment of not less than one year nor more than th*ee ten years, or both, in the discretion of the trial court, or may be punished as for a misdemeanor in the discretion of the trial court."
SECTION 20. 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 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 21-3-2802 including ballots read by optical scanning tabulators."
SECTION 21. 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 22. Said title is further amended by inserting after Part 3 of Article 9 of Chapter 3 thereof new Parts 4 and 5 to read as follows:

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"Part 4
21-3-265. No optical scanning voting system shall be adopted or used unless it shall, at the time, satisfy the following requirements:
(1) It shall provide facilities for voting for such candidates as may be nominated and upon such questions as may be submitted; (2) It shall permit each elector, hi one operation per ballot card, to vote for all the candidates of one party or body for presidential electors; (3) Except as provided in paragraph (2) of this Code section for presidential electors, it shall permit each elector, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination; (4) It shall permit each elector to vote, at any election, for any person and for any office for whom and for which he or she is lawfully entitled to vote, whether or not the name of such person or persons appears upon a ballot label as a candidate for election; to vote for as many persons for an office as he or she is entitled to vote for; and to vote for or against any question upon which he or she is entitled to vote; (5) When used in conjunction with a tabulating machine, it shall preclude the count ing of votes for any candidate or upon any question for whom or upon which an elec tor is not entitled to vote; shall preclude the counting of votes for more persons for any office than he or she is entitled to vote for; and shall preclude the counting of votes for any candidate for the same office or upon any question more than once; (6) It shall permit voting in absolute secrecy so that no person can see or know for whom any other elector has voted or is voting, save an elector whom he or she has assisted or is assisting in voting, as prescribed by law; (7) It shall be constructed of material of good quality in a neat and workmanlike manner; (8) It shall, when properly operated, record correctly and accurately every vote cast; (9) It shall be so constructed that an elector may readily learn the method of operat ing it; and (10) It shall be safely transportable.
21-3-266. The governing authority of any municipality may at any regular meeting or at a special meeting called for the purpose, by a majority vote, authorize and direct the use of opti cal scanning voting systems for recording and computing the vote at elections held hi the municipality; and thereupon the governing authority shall purchase, lease, rent, or otherwise procure optical scanning voting systems conforming to the requirements of this part.
21-3-267. (a) When the use of optical scanning voting systems has been authorized in the manner prescribed in this part, such optical scanning voting systems shall be installed, either simultaneously or gradually, within the municipality. Upon the installation of optical scanning voting systems in any precinct, the use of paper ballots or other voting machines or apparatus therein shall be discontinued, except as otherwise provided by this chapter. (b) In each precinct in which optical scanning voting systems are used, the governing authority shall provide at least one such system for each 200 electors therein, or fraction thereof. (c) Optical scanning voting systems of different kinds may be used for different pre cincts in the same municipality. (d) The governing authority shall provide optical scanning voting systems in good work ing order and of sufficient capacity to accommodate the names of a reasonable number of candidates for all party offices and nominations and public offices which, under the provisions of existing laws and party rules, are likely to be voted for at any future pri mary or election.

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21-3-268. (a) Any person or organization owning, manufacturing, or selling, or being interested in the manufacture or sale of, any optical scanning voting system may request the Secre tary of State to examine the optical scanning voting system. Any ten or more electors of this state may, at any time, request the Secretary of State to reexamine any optical scanning voting system previously examined and approved by him or her. Before any such examination or reexamination, the person, persons, or organization requesting such examination or reexamination shall pay to the Secretary of State the reasonable expenses of such examination. The Secretary of State may, at any time, in his or her discretion, reexamine any optical scanning voting system. (b) The Secretary of State shall thereupon examine or reexamine such optical scanning voting system and shall make and file in his or her office a report, attested by his or her signature and the seal of his or her office, stating whether, in his or her opinion, the kind of optical scanning voting system so examined can be safely used by electors at primaries and elections as provided hi this chapter. If this report states that the opti cal scanning voting system can be so used, the optical scanning voting system shall be deemed approved; and optical scanning voting systems of its kind may be adopted for use at primaries and elections as provided in this chapter. (c) No land of optical scanning voting system not so approved shall be used at any pri mary or election and if, upon the reexamination of any optical scanning voting system previously approved, it shall appear that the optical scanning voting system so reexamined can no longer be safely used by electors at primaries or elections as provided in this chapter, the approval of the same shall immediately be revoked by the Secretary of State; and no such optical scanning voting system shall thereafter be purchased for use or be used in this state. Every municipality which has previously purchased an opti cal scanning voting system shall submit such system to the Secretary of State for exami nation not later than January 1, 1999. (d) When an optical scanning voting system has been so approved, no improvement or change that does not impair its accuracy, efficiency, or capacity shall render necessary a reexamination or reapproval of the optical scanning voting system, or of its kind. (e) Neither the Secretary of State, nor any custodian, nor the governing authority of any municipality or a member of such authority nor any other person involved in the exami nation process shall have any pecuniary interest in any optical scanning voting system or in the manufacture or sale thereof.
21-3-269. (a) The ballot labels shall be printed in black ink upon clear, white, or colored material, of such size and arrangement as will suit the construction of the optical scanner, and in plain, clear type so as to be easily readable by persons with normal vision; provided, however, that red material shall not be used. (b) The arrangement of offices, names of candidates, and questions upon the ballots shall conform as nearly as practicable to this chapter for the arrangement of same on paper ballots; provided, however, that such form may be varied in order to present a clear presentation of candidates and questions to the electors. (c) The form and arrangement of ballots shall be prescribed by the Secretary of State and prepared by the superintendent.
21-3-270. In primaries, separate optical scanners shall be used for each political party.
21-3-271. (a) If ballot labels for a precinct at which an optical scanning voting system is to be used shall not be delivered to the poll officers as required by this chapter, the chief manager of such precinct shall cause other labels to be prepared, printed, or written, as nearly in the form of official ballot labels as practicable; and the poll officers shall cause the labels, so substituted, to be used at the primary or election, in the same manner, as nearly as may be, as the official labels. Such labels, so substituted, shall be known as unofficial ballot labels.

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(b) If any optical scanning voting system being used in any primary or election shall become out of order during such primary or election, it shall, if possible, be repaired or another optical scanning voting system substituted by the custodian or superintendent as promptly as possible, for which purpose the governing authority of the municipality may purchase as many extra optical scanning voting systems as it may deem necessary; but, hi case such repair or substitution cannot be made, paper ballots, printed or writ ten, and of any suitable form, may be used for the taking of votes.
21-3-272. Ballot cards shall be of suitable design, size, and stock to permit processing by a tabu lating machine and shall be printed in black ink on clear, white, or colored material. A serially numbered strip shall be attached to each ballot card in a manner and form simi lar to that prescribed in this chapter for paper ballots.
21-3-273. In elections, electors shall be permitted to cast write-in votes. The design of the ballot card shall permit the managers, in counting the write-in votes, to determine readily whether an elector has cast any write-in vote not authorized by law. The Secretary of State, in specifying the form of the ballot, and the State Election Board, in promulgat ing rules and regulations respecting the conduct of elections, shall provide for ballot secrecy in connection with write-in votes.
21-3-274. (a) The superintendent of each municipality shall cause the proper ballot labels to be placed on each set of optical scanning voting equipment which is to be used in any pre cinct within such municipality and shall cause each set of optical scanning voting equip ment to be placed in proper order for voting. (b) The superintendent shall appoint one custodian of optical scanning voting systems and such deputy custodians as may be necessary, whose duty it shall be to prepare the optical scanning voting systems to be used in the municipality at the primaries and elec tions to be held therein. Each custodian and deputy custodian shall receive from the municipality such compensation as shall be fixed by the governing authority of the municipality. Such custodian shall, under the direction of the superintendent, have charge of and represent the superintendent during the preparation of the optical scan ning voting systems as required by this chapter, and he or she and the deputy custodi ans, whose duty it shall be to assist him or her in the discharge of his or her duties, shall serve at the pleasure of the superintendent. Each custodian shall take an oath of office framed by the Secretary of State, which shall be filed with the superintendent. (c) On or before the third day preceding a primary or election, the superintendent shall have the optical scanners tested to ascertain that they will correctly count the votes cast for all offices and on all questions. Public notice of the time and place of the test shall be made at least five days prior thereto. Representatives of political parties and bodies, candidates, news media, and the public shall be permitted to observe such tests. The test shall be conducted by processing a preaudited group of ballot cards so marked as to record a predetermined number of valid votes for each candidate and on each ques tion and shall include for each office one or more ballot cards which have votes in excess of the number allowed by law in order to test the ability of the optical scanner to reject such votes. The optical scanner shall not be approved unless it produces an errorless count. If any error is detected, the cause therefor shall be ascertained and corrected; and an errorless count shall be made before the scanner is approved. The same test shall be repeated immediately before the start of the official count of the ballot cards and at the conclusion of such count. The superintendent or custodian shall also prepare the optical scanning voting equipment for voting at the various polling places to be used in the pri mary or election. In preparing the optical scanning voting equipment, he or she shall arrange the optical scanning voting equipment and the ballot labels so that they meet all requirements of voting and counting at such primary or election, thoroughly inspect and test the optical scanning voting equipment, and file a certificate in the office of the superintendent that the equipment is in proper order with correct ballot labels.

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(d) No superintendent, nor custodian, nor other employee of the superintendent shall in any way prevent free access to and examination of all optical scanning voting equip ment which is to be used at the primary or election, by any interested persons. (e) In every primary or election, the superintendent shall furnish, at the expense of the municipality, all ballot labels, forms of certificates, and other papers and supplies required under this chapter and which are not furnished by the Secretary of State, all of which shall be in the form and according to the specifications prescribed, from time to time, by the Secretary of State.
21-3-275. (a) The superintendent shall deliver the proper optical scanning voting equipment, properly furnished, to the polling places at least one hour before the time set for open ing the polls at each primary or election and shall cause each to be set up in the proper manner for use in voting. The superintendent shall place each set of optical scanning voting equipment in a voting booth so that the ballot labels on the equipment can be plainly seen by the poll officers when not being voted on. (b) The superintendent shall provide ample protection against molestation of and injury to the optical scanning voting equipment and, for that purpose, shall call upon any law enforcement officer to furnish such assistance as may be necessary; and it shall be the duty of the law enforcement officer to furnish such assistance when so requested by the superintendent. (c) The superintendent shall furnish for each set of optical scanning voting equipment at least one hour before the opening of the polls:
(1) A lamp which shall give sufficient light to enable electors, while in the voting booth, to read the ballot labels, and which shall be suitable for the use of poll officers in examining the equipment; and the lamp shall be prepared and in good order for use before the opening of the polls; (2) Two sample ballots printed on a single sheet of white paper or a number of sheets stapled together which shall be a reasonable facsimile of the ballot labels as will be in use in the primary or election and accompanied by directions for voting on the optical scanning voting equipment; and such sample ballots shall be posted promi nently outside the enclosed space within the polling place; and (3) A seal for sealing the optical scanning voting system after the polls are closed and such other materials and supplies as may be necessary or as may be required by law.
21-3-276. During the 30 days next preceding a general primary or election or during the ten days next preceding a special primary or election, the superintendent shall place on public exhibition, in such public places and at such times as he or she may deem most suitable for the information and instruction of the electors, one or more sets of optical scanning voting equipment. Insofar as practicable, the equipment shall contain the ballot labels and show the offices and questions to be voted upon, the names and arrangements of parties and bodies, and the names and arrangements of the candidates to be voted for. Such equipment shall be under the charge and care of a person competent as custodian and instructor.
21-3-277. (a) The superintendent shall designate a person or persons who shall have the custody of the optical scanning voting systems of the municipality when they are not in use at a primary or election and shall provide for his or her compensation and for the safe stor age and care of the optical scanning voting systems. (b) All optical scanning voting systems, when not in use, shall be properly covered and stored in a suitable place or places.
21-3-278. The governing authority of any municipality which adopts optical scanning voting sys tems in the manner provided for by this part shall, upon the purchase of optical scan ning voting systems, provide for their payment by the municipality. Bonds or other evidence of indebtedness may be issued in accordance with the provisions of law relating

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to the increase of indebtedness of counties to meet all or any part of the cost of the optical scanning voting systems.
21-3-279. If a method of nomination or election for any candidate or office, or of voting on any question is prescribed by law, in which the use of optical scanning voting systems is not possible or practicable, or in case, at any primary or election, the number of candidates seeking nomination or nominated for any office renders the use of optical scanning vot ing systems for such office at such primary or election impracticable, or if, for any other reason, at any primary or election the use of optical scanning voting systems wholly or in part is not practicable, the superintendent may arrange to have the voting for such candidates or offices or for such questions conducted by paper ballots. In such cases, paper ballots shall be printed for such candidates, offices, or questions, and the primary or election shall be conducted by the poll officers, and the ballots shall be counted and return thereof made in the manner required by law for such nominations, offices, or questions, insofar as paper ballots are used.
Parts
21-3-279.1. No direct electronic recording voting system shall be adopted or used unless it shall, at the time, satisfy the following requirements:
(1) It shall provide facilities for voting for such candidates as may be nominated and upon such questions as may be submitted; (2) It shall permit each elector, in one operation, to vote for all the candidates of one party or body for presidential electors; (3) Except as provided in paragraph (2) of this Code section for presidential electors, it shall permit each elector, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination; (4) It shall permit each elector to vote, at any election, for any person and for any office for whom and for which he or she is lawfully entitled to vote, whether or not the name of such person or persons appears as a candidate for election; to vote for as many persons for an office as he or she is entitled to vote for; and to vote for or against any question upon which he or she is entitled to vote; (5) It shall preclude the counting of votes for any candidate or upon any question for whom or upon which an elector is not entitled to vote; shall preclude the counting of votes for more persons for any office than he or she is entitled to vote for; and shall preclude the counting of votes for any candidate for the same office or upon any ques tion more than once; (6) It shall permit voting in absolute secrecy so that no person can see or know for whom any other elector has voted or is voting, save an elector whom he or she has assisted or is assisting in voting, as prescribed by law; (7) It shall be constructed of material of good quality in a neat and workmanlike manner; (8) It shall, when properly operated, record correctly and accurately every vote cast; (9) It shall be so constructed that an elector may readily learn the method of operat ing it; and (10) It shall be safely transportable.
21-3-279.2. (a) Any person or organization owning, manufacturing, or selling, or being interested in the manufacture or sale of, any direct electronic recording voting system may request the Secretary of State to examine the system. Any ten or more electors of this state may, at any time, request the Secretary of State to reexamine any such system previ ously examined and approved by him or her. Before any such examination or reexamination, the person, persons, or organization requesting such examination or reexamination shall pay to the Secretary of State the reasonable expenses of such examination. The Secretary of State may, at any time, in his or her discretion, reexamine any such system.

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(b) The Secretary of State shall thereupon examine or reexamine such direct electronic recording voting system and shall make and file in his or her office a report, attested by his or her signature and the seal of his or her office, stating whether, in his or her opinion, the kind of system so examined can be safely used by electors at primaries and elections as provided in this chapter. If this report states that the system can be so used, the system shall be deemed approved; and systems of its kind may be adopted for use at primaries and elections as provided in this chapter. (c) No kind of direct electronic recording voting system not so approved shall be used at any primary or election and if, upon the reexamination of any such system previously approved, it shall appear that the system so reexamined can no longer be safely used by electors at primaries or elections as provided in this chapter, the approval of the same shall immediately be revoked by the Secretary of State; and no such system shall thereafter be purchased for use or be used in this state. (d) When a direct electronic recording voting system has been so approved, no improve ment or change that does not impair its accuracy, efficiency, or capacity shall render necessary a reexamination or reapproval of such system, or of its kind. (e) Neither the Secretary of State, nor any custodian, nor the governing authority of any municipality or a member of such authority nor any other person involved in the exami nation process shall have any pecuniary interest in any direct electronic recording voting system or in the manufacture or sale thereof.
21-3-279.3. The governing authority of any municipality which adopts direct electronic recording voting systems in the manner provided for by this part shall, upon the purchase of direct electronic recording voting systems, provide for their payment by the municipal ity. Bonds or other evidence of indebtedness may be issued in accordance with the pro visions of law relating to the increase of indebtedness of municipalities to meet all or any part of the cost of the direct electronic recording voting systems.
21-3-279.4. The governing authority of any municipality may at any regular meeting or at a special meeting called for the purpose, by a majority vote, authorize and direct the purchase of direct electronic recording voting systems for recording and computing the vote at elections held in the municipality; and thereupon the governing authority shall purchase, lease, rent, or otherwise procure direct electronic recording voting systems conforming to the requirements of this part."

SECTION 23.
Said title is further amended in Code Section 21-3-317, relating to municipal poll watchers, by designating the existing language of subsection (b) as paragraph (1) of said subsection and inserting a new paragraph (2) of subsection (b) to read as follows:
"(2) In an election or run-off election, each political party and political body, which body is registered pursuant to Code Section 21-2-110, shall additionally be entitled to designate, at least 14 days prior to such election or run-off election, in which such party or body shall have at least one candidate no more than five official state-wide poll watchers to be selected by the appropriate party or body executive committee. Each independent candidate shall also be entitled to designate five official state-wide poll watchers. All such designations of state-wide poll watchers shall be in writing and made and submitted to the chairperson or secretary of the municipal or other appro priate party executive committee. A state-wide poll watcher shall have the same pow ers and duties as poll watchers and shall be entitled to watch the polls in any precinct in the state but shall otherwise be subject to all limitations and prohibitions placed on poll watchers. Each state-wide poll watcher shall be given a letter signed by the chairperson and secretary of the municipal or other appropriate party executive com mittee. Such letter shall contain the following information: name of official state-wide poll watcher, address, a statement that such poll watcher is a state-wide poll watcher, and date of election or run-off election."

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SECTION 24. Said title is further amended by adding after Part 4 of Article 11 of Chapter 3 thereof a new Part 5 to read as follows:
"Parts
21-3-385. (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 sec tion and blacken the oval or square next to the write-in section. If you spoil your bal lot, 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 writein space provided 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.

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(i) The ballots shall vary in form only as the names of precincts, offices, candidates, or this chapter may require.
21-3-385.1. 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.
21-3-385.2. 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.
21-3-385.3. (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

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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 reevaluation 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.
21-3-385.4. 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.
21-3-385.5. 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.
21-3-385.6. 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."

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PART II
SECTION 25. Title 21 of the Official Code of Georgia Annotated, relating to elections, as amended by SB 630 enacted at the 1998 session of the General Assembly, is amended by striking in its entirety paragraph (18) of Code Section 21-2-2, relating to definitions applicable to pri maries and elections generally, and inserting in lieu thereof a new paragraph (18) to read as follows:
"(18) 'Official ballot' means a paper ballot which is furnished by the superintendent or governing authority in accordance with Code Section 21-2-280^ including ballots read by optical scanning tabulators."
SECTION 26. Said title, as revised by SB 630 enacted at the 1998 session of the General Assembly, is further amended by striking paragraph (22) of Code Section 21-2-2, relating to definitions, and inserting in lieu thereof the following:
"(22) 'Plurality' means the receiving by one candidate alone of the highest number of votes cast for eligible candidates in an election among the candidates for the same office, provided that such number of votes exceeds 45 percent of the total number of votes cast in such election for such office. In the case where two or more persons tie in receiving the highest number of votes or no candidate receives more than 45 per cent of the total votes cast for eligible candidates in the election for the office sought there is no plurality."
SECTION 27. Said title, as revised by SB 630 enacted at the 1998 session of the General Assembly, is further amended by striking Code Section 21-2-33.1, relating to the enforcement of Chap ter 2, so as to strike subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The State Election Board is vested with the power to issue orders, after the com pletion of appropriate proceedings, directing compliance with this chapter or prohibiting the actual or threatened commission of any conduct constituting a violation, which order may include a provision requiring the violator:
(1) To cease and desist from committing further violations; and(2) To pay a civil penalty not to exceed $1,000.00 $5.000.00 for each violation of this chapter or for each failure to comply with any provision of this chapter or of any rule or regulation promulgated under this chapter. Such penalty may be assessed against an individual, a governing authority which employs or compensates an individual, or both, as the State Election Board deems appropriate; (3) To publicly reprimand an individual or governing authority found to have commit ted a violation; (4) To require that restitution be paid to a state, county, or city governing authority when it has suffered a monetary loss or damage as the result of a violation; (5) To require individuals to attend training as specified by the board; and (6) To assess investigative costs incurred by the board against an individual or the governing authority which employs or compensates an individual found to have com mitted a violation."
SECTION 28. Said title, as revised by SB 630 enacted at the 1998 session of the General Assembly, is further amended by striking Code Section 21-2-100, relating to the training of local elec tion officials, and inserting in lieu thereof the following:
"21-2-100.
(a) The election superintendent and at least one registrar of the county or municipality or, in counties with boards of election or combined boards of election and registration, at least one member of the board or a designee of the board shall attend a minimum of 12 hours' training biennially as may be selected by the Secretary of State. (b) The basis for the minimum requirement of training shall be two calendar years.

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(c) A waiver of the requirement of minimum training, either in whole or in part, may be granted by the Secretary of State, in the discretion of the Secretary of State, upon the presentation of evidence by the election superintendent, registrar, or board that the individual was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the Secretary of State. (d) The cost of the training shall be borne by the governing authority of each county from county funds and by the municipal governing authority from municipal funds. (e) A superintendent and the governing authority which employs the superintendent may be fined by the State Election Board for failure to attend the training required in this Code section. frKf) The minimum training required under this Code section shall not apply to deputy registrars."
SECTION 29. Said title, as revised by SB 630 enacted at the 1998 session of the General Assembly, is further amended by striking Code Section 21-2-220, relating to applications for registra tion, and inserting in lieu thereof the following:
"21-2-220.
(a) Any person desiring to register as an elector shall apply to do so by making applica tion to a registrar or deputy registrar of such person's county of residence in person, by submission of the federal post card application form as authorized under Code Section 21-2-219, by making application through the Department of Public Safety as provided in Code Section 21-2-221, by making application through designated offices as provided in Code Section 21-2-222, or by making application by mail as provided in Code Section 21-2-223. (b) Notwithstanding any other provision of this title, whenever a person makes applica tion to register in person or through the means specified in this Code section, the person authorized to offer registration shall inquire as to whether the individual seeking regis tration Js a citizen of the United States, and the person offering registration shall not be required to offer registration to an individual who answers such inquiry with a nega tive response. {b)(c) If an applicant fails to provide all of the required information on the application for voter registration, the board of registrars shall notify the registrant in writing of the missing information. The board of registrars shall not determine the eligibility of the applicant until and unless all required information is supplied by the applicant. If the initial application is received prior to the close of voter registration prior to an election, if the applicant supplies the necessary information on or prior to the date of the elec tion, and if the applicant is found eligible to vote, the applicant shall be added to the list of electors and shall be permitted to vote in the election and any run-off elections resulting therefrom and subsequent elections. In the event the elector does not respond to the request for the missing information within 30 days, the application shall be rejected. {e}(d) If an applicant submits false information, the board of registrars shall reject the application and shall refer the application to the district attorney of the county for crim inal prosecution. If the false information is not discovered until after the applicant's application has been approved and the applicant's name added to the list of electors, the giving of such false information shall be cause to challenge the applicant's right to remain on the list of electors, which, if sustained, shall result in such applicant's name being removed from the list and the application being submitted to the district attorney of the county for criminal prosecution."
SECTION 30. Said title, as revised by SB 630 enacted at the 1998 session of the General Assembly, is further amended by striking subsection (a) of Code Section 21-2-230, relating to the chal lenge of persons on a list of electors by other electors, and inserting in lieu thereof the following:
"(a) Any elector of the county or municipality may challenge the right of any other elec tor of the county or municipality, whose name appears on the list of electors, to vote

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in an election. Such challenge shall be in writing and specify distinctly the grounds of such challenge. Such challenge may be made at any time prior to the elector whose right to vote ia being challenged voting at the elector's polling place or, if such elector cast an absentee ballot, prior to the etese ef the peHs 12:00 Noon on the day of the election."
SECTION 31. Said title, as revised by SB 630 enacted at the 1998 session of the General Assembly, is further amended by striking Code Section 21-2-231, relating to lists of persons convicted of felonies, persons declared mentally incompetent, and deceased persons provided to the Secretary of State, and inserting in lieu thereof the following:
"21-2-231.
(a) The clerk of the superior court of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who were con victed of a felony involving moral turpitude during the preceding calendar month in the county. (b) The judge of the probate court of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who were declared mentally incompetent during the preceding calendar month in the county and whose voting rights were removed. (c) The local registrar of vital statistics of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who died during the preceding calendar month in the county. The Secretary of State may, by agreement with the commissioner of human resources, obtain such information from the state regis trar of vital statistics. (d) Upon receipt of such lists and the lists of persons convicted of felonies in federal courts received pursuant to 42 U.S.C. Section 1973gg-6(g), the Secretary of State shall transmit the names of such persons whose names appear on the list of electors to the appropriate county board of registrars who shall remove such names from the list of electors and shall mail a notice of such action and the reason therefor to the last known address of such persons by first-class mail. (e) County registrars shall initiate appropriate action regarding the right of an elector to remain on the list of qualified registered voters within 60 days after receipt of the information described in this Code section. Failure to take such action may subject the registrars or the governing authority for whom the registrars are acting to a fine by the State Election Board."
SECTION 32. Said title, as revised by SB 630 enacted at the 1998 session of the General Assembly, is further amended by striking subsection (a) of Code Section 21-2-265, relating to polling places, and inserting in lieu thereof the following:
"(a) The superintendent of a county or the governing authority of a municipality shall select and fix the polling place within each precinct and may, either on his, her, or its own motion or on petition of ten electors of a precinct, change the polling place within any precinct. Except in case of an emergency or unavoidable event occurring within ten days of a primary or election, which emergency or event renders any polling place unavailable for use at such primary or election, the superintendent of a county or the governing authority of a municipality shall not change any polling place until at least ten days after notice of the proposed change shall have been published for once a week for two consecutive weeks in the legal organ for the county or municipality in which the polling place is located. Additionally, on the first election day following such change, a notice of such change shall be posted on the existing previous polling place and at three

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other places in the immediate vicinity thereof and until at least five days after written
peUiag place e* his er her agent. The occupant or owner of the previous polling place, or his or her agent, shall be notified in writing of such change at the time notice is pub lished in the legal organ."
SECTION 33. Said title, as revised by SB 630 enacted at the 1998 session of the General Assembly, is further amended by striking Code Section 21-2-284, relating to the form of the official pri mary ballot, and inserting in lieu thereof the following:
"21-2-284.
(a) In each primary separate official ballots shall be prepared for the political party holding the primary. At the top of each ballot shall be printed in prominent type the words 'OFFICIAL PRIMARY BALLOT OF ___________ PARTY FOR,' fol lowed by the designation of the precinct for which it is prepared and the name and date of the primary. (b) Immediately under this caption, the following directions shall be printed: 'Place a cross (X) or check (/) mark in the square opposite the name of each candidate for whom you choose to vote. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' (c) Immediately under the directions, the names of all candidates who have qualified with the party in accordance with this chapter and party rules and who have been certi fied to the superintendent or Secretary of State as having so qualified shall be printed on the ballots, except unopposed candidates in municipal primaries where the municipal charter or ordinance does not prohibit the omission of such candidates' names from the ballot. The names of the candidates shall in all cases be arranged under the title of the office for which they are candidates and be printed thereunder in alphabetical order. The incumbency of a candidate seeking party nomination for the public office he or she then holds shall be indicated on the ballots. Under the title of each office shall be placed a direction as to the number of candidates to be voted for. (d) If at any general primary a political party shall submit to its members any matter or question to be voted upon, the party shall by the deadline for certifying candidates for the primary election certify the wording of said question to the superintendent, if to be voted on by one county only, or to the Secretary of State, if to be voted on by more than one county; and the superintendent or Secretary of State shall have such lan guage printed on the ballot form. To the left of each question there shall be placed the words 'Yes' and 'No' together with appropriate squares to the left of each for the conve nient insertion of a cross (X) or check (/> mark. If at any municipal primary a political party shall submit to its members any matter or question to be voted upon, the party shall also have printed on the ballots the necessary language to guide the elector in the expression of his or her choice as to such matter or question. (e) Each ballot shall have printed thereon the following:
^1 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.' {e>(f) The ballots shall vary in form only as the names of precincts, offices, candidates, color of ballot cards, or this chapter may require."
SECTION 34. Said title, as revised by SB 630 enacted at the 1998 session of the General Assembly, is further amended by striking Code Section 21-2-285, relating to the form of the official election ballot, and inserting in lieu thereof the following:
"21-2-285.
(a) At the top of each ballot for an election shall be printed in prominent type the words 'OFFICIAL BALLOT,' followed by the designation of the precinct for which it is prepared and the name and date of the election.

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(b) Immediately under this caption on a ballot presenting the names of candidates for election to office, the following directions shall be printed, insofar as the same may be appropriate for the election involved:
(1) To vote for presidential electors, mark a cross (X) or check (/) mark in the square opposite the names of the candidates of the party or body for the offices of President and Vice President you choose to vote for. Place a cross (X) or check (o mark in the square opposite the name of each candidate you choose to vote for. To vote for a per son whose name is not on the ballot, manually write his or her name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil. (2) Marks made in violation of these directions shall be disregarded in the counting of the votes cast. The names of persons inserted on the ballot by the elector shall be manually written only within the write-in column and the insertion of such names out side such column or by the use of a sticker, paster, stamp, or other printed or written matter is prohibited. (c) Immediately under the directions, the names of all candidates who have been nomi
nated hi accordance with the requirements of this chapter shall be printed on the ballot and the names of the candidates shall in all cases be arranged under the titles of the respective offices they are seeking. In a primary or special election, said names shall be arranged alphabetically by last name under the title of the office. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated
on the ballot. In a general election, the names of candidates who are nominees of a polit ical party shall be placed under the name of their party. The columns of political parties shall be printed on the ballot, beginning on the left side thereof, and shall be arranged
from left to right in the descending order of the totals of votes cast for candidates of the political parties for Governor at the last gubernatorial election. The columns of par ties having no candidate for Governor on the ballot at the last gubernatorial election
shall be arranged alphabetically according to the party name to the right of the columns of the parties so represented. The columns of political bodies shall be arranged alpha betically according to the body name to the right of the party columns. The names of
all independent candidates shall be printed on the ballot in a column or columns under the heading 'Independent,' which shall be placed to the right of the political body col umns. In the case of two or more independent candidates seeking the same office, their
names shall be arranged under the title of the office in alphabetical order. The names of candidates seeking the same office shall be printed horizontally opposite one another in their respective columns, and such columns shall be of sufficient length to permit
such an arrangement. To the right of the independent column or columns shall be printed a blank column sufficient for the insertion of write-in votes. At the left of the
name heading every column on the ballot and at the left of the name of every candidate thereon shall be a square of sufficient size for the convenient insertion of a cross (X) or check GO mark. (d) Unless a candidate has filed with his or her nominating petition a certificate from
a political party or body attesting that such candidate is the nominee of such party by virtue of having been nominated in a duly constituted party convention, the candidate's name shall appear on the ballot under the independent column.
(e) When presidential electors are to be elected, the names of the nominees of each political party or body for such offices shall be arranged alphabetically under the names of the candidates of the party or body for President and Vice President of the United States.
(f) When proposed constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may be printed
upon the ballot to the right of or below the groups of candidates for the various offices. Proposed constitutional amendments so submitted shall be printed in brief form as
directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State. Unless otherwise provided by law, any other state-wide questions so submitted shall be printed in brief form as directed by the
General Assembly and, in the event of a failure to so direct, the form shall be deter mined by the Secretary of State and any local questions so submitted shall be printed

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in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent. To the left of each question there shall be placed the words 'Yes' and 'No' together with appropriate squares to the left of each for the convenient insertion of a cross (X) or check </) mark unless other wise directed by the General Assembly. (g) When proposed questions are submitted to a vote of municipal electors, each ques tion so submitted may be printed upon the ballot to the right of or below the groups of candidates for the various offices. To the left of each question there shall be placed the words 'Yes' and 'No' together with appropriate squares to the left of each for the convenient insertion of a cross (X) or check (-0 mark unless otherwise directed by the General Assembly. (h) Each ballot shall have printed thereon the following:
^1 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.' {h)(i) The ballots shall vary in form only as the names of precincts, offices, candidates, or this chapter may require. #Ki) Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate in a precinct in a general or special municipal election, no election shall be held in such precinct unless a write-in candidate has qualified as provided by law or unless there are issues to be submitted to the electorate within a precinct. {j}(k) When, pursuant to subsection {i} (_Q of this Code section, no election is to be con ducted, the municipality shall provide notice reasonably calculated to inform the affected electorate that no election is to be conducted. Each such unopposed candidate shall be deemed to have voted for himself or herself. The superintendent shall certify such unopposed candidate as elected in the same manner as he or she certifies other candidates as elected pursuant to Code Section 21-2-502."
SECTION 35. Said title, as revised by SB 630 enacted at the 1998 session of the General Assembly, is further amended by designating current subsection (j) of Code Section 21-2-325, relating to the form of ballot labels generally, as subsection (k) and inserting a new subsection (j) to read as follows:
"(j) Within the instruction section of the ballot label there shall be printed the follow ing:
'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.'"
SECTION 36. Said title, as revised by SB 630 enacted at the 1998 session of the General Assembly, is further amended by striking Code Section 21-2-354, relating to the form of ballot labels, and inserting in lieu thereof the following:
"21-2-354.
(a) The ballot labels shall be printed in black ink upon clear, white, or colored material, of such size and arrangement as will suit the construction of the vote recorder, and in plain, clear type so as to be easily readable by persons with normal vision; provided, however, that red material shall not be used. (b) The arrangement of offices, names of candidates, and questions upon the ballot labels shall conform as nearly as practicable to this chapter for the arrangement of same on paper ballots; provided, however, that such form may be varied in order to present a clear presentation of candidates and questions to the electors. In the event that there are more candidates for any office than can be placed upon one page, the label shall be clearly marked to indicate that the names of candidates for the office are continued on the following page. (c) Within the instruction section of the ballot label there shall be printed the following:

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2 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.' {eHd) The form and arrangement of ballot labels shall be prescribed by the Secretary of State and prepared by the superintendent. {dMe) The form and arrangements of ballot labels in municipal primaries and elections shall be prepared by the superintendent."
SECTION 37. Said title, as amended by SB 630 enacted at the 1998 session of the General Assembly, is further amended by inserting after Part 3 of Article 9 of Chapter 2 thereof new Parts 4 and 5 to read as follows:
"Part 4
21-2-365. No optical scanning voting system shall be adopted or used unless it shall, at the time, satisfy the following requirements:
(1) It shall provide facilities for voting for such candidates as may be nominated and upon such questions as may be submitted; (2) It shall permit each elector, in one operation per ballot card, to vote for all the candidates of one party or body for presidential electors; (3) Except as provided in paragraph (2) of this Code section for presidential electors, it shall permit each elector, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination; (4) It shall permit each elector to vote, at any election, for any person and for any office for whom and for which he or she is lawfully entitled to vote, whether or not the name of such person or persons appears upon a ballot label as a candidate for election; to vote for as many persons for an office as he or she is entitled to vote for; and to vote for or against any question upon which he or she is entitled to vote; (5) When used in conjunction with a tabulating machine, it shall preclude the count ing of votes for any candidate or upon any question for whom or upon which an elec tor is not entitled to vote; shall preclude the counting of votes for more persons for any office than he or she is entitled to vote for; and shall preclude the counting of votes for any candidate for the same office or upon any question more than once; (6) It shall permit voting in absolute secrecy so that no person can see or know for whom any other elector has voted or is voting, save an elector whom he or she has assisted or is assisting in voting, as prescribed by law; (7) It shall be constructed of material of good quality in a neat and workmanlike manner; (8) It shall, when properly operated, record correctly and accurately every vote cast; (9) It shall be so constructed that an elector may readily learn the method of operat ing it; and (10) It shall be safely transportable.
21-2-366. The governing authority of any county or municipality may at any regular meeting or at a special meeting called for the purpose, by a majority vote, authorize and direct the use of optical scanning voting systems for recording and computing the vote at elections held in the county or municipality; and thereupon the governing authority shall pur chase, lease, rent, or otherwise procure optical scanning voting systems conforming to the requirements of this part.
21-2-367. (a) When the use of optical scanning voting systems has been authorized in the manner prescribed in this part, such optical scanning voting systems shall be installed, either simultaneously or gradually, within the county or municipality. Upon the installation of optical scanning voting systems in any precinct, the use of paper ballots or other voting

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machines or apparatus therein shall be discontinued, except as otherwise provided by this chapter. (b) In each precinct in which optical scanning voting systems are used, the governing authority shall provide at least one such system for each 200 electors therein, or fraction thereof. (c) Optical scanning voting systems of different kinds may be used for different pre cincts in the same county or municipality. (d) The governing authority shall provide optical scanning voting systems in good work ing order and of sufficient capacity to accommodate the names of a reasonable number of candidates for all party offices and nominations and public offices which, under the provisions of existing laws and party rules, are likely to be voted for at any future pri mary or election.
21-2-368. (a) Any person or organization owning, manufacturing, or selling, or being interested in the manufacture or sale of, any optical scanning voting system may request the Secre tary of State to examine the optical scanning voting system. Any ten or more electors of this state may, at any time, request the Secretary of State to reexamine any optical scanning voting system previously examined and approved by him or her. Before any such examination or reexamination, the person, persons, or organization requesting such examination or reexamination shall pay to the Secretary of State the reasonable expenses of such examination. The Secretary of State may, at any time, in his or her discretion, reexamine any optical scanning voting system. (b) The Secretary of State shall thereupon examine or reexamine such optical scanning voting system and shall make and file in his or her office a report, attested by his or her signature and the seal of his or her office, stating whether, in his or her opinion, the kind of optical scanning voting system so examined can be safely used by electors at primaries and elections as provided in this chapter. If this report states that the opti cal scanning voting system can be so used, the optical scanning voting system shall be deemed approved; and optical scanning voting systems of its kind may be adopted for use at primaries and elections as provided in this chapter. (c) No kind of optical scanning voting system not so approved shall be used at any pri mary or election and if, upon the reexamination of any optical scanning voting system previously approved, it shall appear that the optical scanning voting system so reexamined can no longer be safely used by electors at primaries or elections as provided in this chapter, the approval of the same shall immediately be revoked by the Secretary of State; and no such optical scanning voting system shall thereafter be purchased for use or be used in this state. Every county or municipality which has previously pur chased an optical scanning voting system shall submit such system to the Secretary of State for examination not later than January 1, 1999. (d) When an optical scanning voting system has been so approved, no improvement or change that does not impair its accuracy, efficiency, or capacity shall render necessary a reexamination or reapproval of the optical scanning voting system, or of its kind. (e) Neither the Secretary of State, nor any custodian, nor the governing authority of any county or municipality or a member of such authority nor any other person involved in the examination process shall have any pecuniary interest in any optical scanning voting system or in the manufacture or sale thereof.
21-2-369.
(a) The ballot labels shall be printed in black ink upon clear, white, or colored material, of such size and arrangement as will suit the construction of the optical scanner, and hi plain, clear type so as to be easily readable by persons with normal vision; provided, however, that red material shall not be used. (b) The arrangement of offices, names of candidates, and questions upon the ballots shall conform as nearly as practicable to this chapter for the arrangement of same on paper ballots; provided, however, that such form may be varied hi order to present a clear presentation of candidates and questions to the electors.

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(c) The form and arrangement of ballots shall be prescribed by the Secretary of State and prepared by the superintendent.
21-2-370. In primaries, separate optical scanners shall be used for each political party.
21-2-371. (a) If ballot labels for a precinct at which an optical scanning voting system is to be used shall not be delivered to the poll officers as required by this chapter, the chief manager of such precinct shall cause other labels to be prepared, printed, or written, as nearly in the form of official ballot labels as practicable; and the poll officers shall cause the labels, so substituted, to be used at the primary or election, in the same manner, as nearly as may be, as the official labels. Such labels, so substituted, shall be known as unofficial ballot labels. (b) If any optical scanning voting system being used in any primary or election shall become out of order during such primary or election, it shall, if possible, be repaired or another optical scanning voting system substituted by the custodian or superintendent as promptly as possible, for which purpose the governing authority of the county or municipality may purchase as many extra optical scanning voting systems as it may deem necessary; but, in case such repair or substitution cannot be made, paper ballots, printed or written, and of any suitable form, may be used for the taking of votes.
21-2-372. Ballot cards shall be of suitable design, size, and stock to permit processing by a tabu lating machine and shall be printed in black ink on clear, white, or colored material. A serially numbered strip shall be attached to each ballot card in a manner and form simi lar to that prescribed in this chapter for paper ballots.
21-2-373. In elections, electors shall be permitted to cast write-in votes. The design of the ballot card shall permit the managers, in counting the write-in votes, to determine readily whether an elector has cast any write-in vote not authorized by law. The Secretary of State, in specifying the form of the ballot, and the State Election Board, in promulgat ing rules and regulations respecting the conduct of elections, shall provide for ballot secrecy in connection with write-in votes.
21-2-374. (a) The superintendent of each county or municipality shall cause the proper ballot labels to be placed on each set of optical scanning voting equipment which is to be used in any precinct within such county or municipality and shall cause each set of optical scanning voting equipment to be placed in proper order for voting. (b) The superintendent shall appoint one custodian of optical scanning voting systems and such deputy custodians as may be necessary, whose duty it shall be to prepare the optical scanning voting systems to be used in the county or municipality at the pri maries and elections to be held therein. Each custodian and deputy custodian shall receive from the county or municipality such compensation as shall be fixed by the gov erning authority of the county or municipality. Such custodian shall, under the direction of the superintendent, have charge of and represent the superintendent during the prep aration of the optical scanning voting systems as required by this chapter, and he or she and the deputy custodians, whose duty it shall be to assist him or her in the discharge of his or her duties, shall serve at the pleasure of the superintendent. Each custodian shall take an oath of office framed by the Secretary of State, which shall be filed with the superintendent. (c) On or before the third day preceding a primary or election, the superintendent shall have the optical scanners tested to ascertain that they will correctly count the votes cast for all offices and on all questions. Public notice of the time and place of the test shall be made at least five days prior thereto. Representatives of political parties and bodies, candidates, news media, and the public shall be permitted to observe such tests. The test shall be conducted by processing a preaudited group of ballot cards so marked as

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to record a predetermined number of valid votes for each candidate and on each ques tion and shall include for each office one or more ballot cards which have votes in excess of the number allowed by law in order to test the ability of the optical scanner to reject such votes. The optical scanner shall not be approved unless it produces an errorless count. If any error is detected, the cause therefor shall be ascertained and corrected; and an errorless count shall be made before the scanner is approved. The same test shall be repeated immediately before the start of the official count of the ballot cards and at the conclusion of such count. The superintendent or custodian shall also prepare the optical scanning voting equipment for voting at the various polling places to be used in the pri mary or election. In preparing the optical scanning voting equipment, he or she shall arrange the optical scanning voting equipment and the ballot labels so that they meet all requirements of voting and counting at such primary or election, thoroughly inspect and test the optical scanning voting equipment, and file a certificate in the office of the superintendent that the equipment is in proper order with correct ballot labels. (d) No superintendent, nor custodian, nor other employee of the superintendent shall in any way prevent free access to and examination of all optical scanning voting equip ment which is to be used at the primary or election, by any interested persons. (e) In every primary or election, the superintendent shall furnish, at the expense of the county or municipality, all ballot labels, forms of certificates, and other papers and sup plies required under this chapter and which are not furnished by the Secretary of State, all of which shall be in the form and according to the specifications prescribed, from time to time, by the Secretary of State.
21-2-375. (a) The superintendent shall deliver the proper optical scanning voting equipment, properly furnished, to the polling places at least one hour before the time set for open ing the polls at each primary or election and shall cause each to be set up in the proper manner for use in voting. The superintendent shall place each set of optical scanning voting equipment in a voting booth so that the ballot labels on the equipment can be plainly seen by the poll officers when not being voted on. (b) The superintendent shall provide ample protection against molestation of and injury to the optical scanning voting equipment and, for that purpose, shall call upon any law enforcement officer to furnish such assistance as may be necessary; and it shall be the duty of the law enforcement officer to furnish such assistance when so requested by the superintendent. (c) The superintendent shall furnish for each set of optical scanning voting equipment at least one hour before the opening of the polls:
(1) A lamp which shall give sufficient light to enable electors, while in the voting booth, to read the ballot labels, and which shall be suitable for the use of poll officers in examining the equipment; and the lamp shall be prepared and in good order for use before the opening of the polls; (2) Two sample ballots printed on a single sheet of white paper or a number of sheets stapled together which shall be a reasonable facsimile of the ballot labels as will be in use in the primary or election and accompanied by directions for voting on the optical scanning voting equipment; and such sample ballots shall be posted promi nently outside the enclosed space within the polling place; and (3) A seal for sealing the optical scanning voting system after the polls are closed and such other materials and supplies as may be necessary or as may be required by law.
21-2-376. During the 30 days next preceding a general primary or election or during the ten days next preceding a special primary or election, the superintendent shall place on public exhibition, in such public places and at such times as he or she may deem most suitable for the information and instruction of the electors, one or more sets of optical scanning voting equipment. Insofar as practicable, the equipment shall contain the ballot labels and show the offices and questions to be voted upon, the names and arrangements of parties and bodies, and the names and arrangements of the candidates to be voted for.

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Such equipment shall be under the charge and care of a person competent as custodian and instructor.
21-2-377. (a) The superintendent shall designate a person or persons who shall have the custody of the optical scanning voting systems of the county or municipality when they are not in use at a primary or election and shall provide for his or her compensation and for the safe storage and care of the optical scanning voting systems. (b) All optical scanning voting systems, when not in use, shall be properly covered and stored in a suitable place or places.
21-2-378. The governing authority of any county or municipality which adopts optical scanning voting systems in the manner provided for by this part shall, upon the purchase of opti cal scanning voting systems, provide for their payment by the county or municipality. Bonds or other evidence of indebtedness may be issued in accordance with the provi sions of law relating to the increase of indebtedness of counties or municipalities to meet all or any part of the cost of the optical scanning voting systems.
21-2-379. If a method of nomination or election for any candidate or office, or of voting on any question is prescribed by law, in which the use of optical scanning voting systems is not possible or practicable, or in case, at any primary or election, the number of candidates seeking nomination or nominated for any office renders the use of optical scanning vot ing systems for such office at such primary or election impracticable, or if, for any other reason, at any primary or election the use of optical scanning voting systems wholly or in part is not practicable, the superintendent may arrange to have the voting for such candidates or offices or for such questions conducted by paper ballots. In such cases, paper ballots shall be printed for such candidates, offices, or questions, and the primary or election shall be conducted by the poll officers, and the ballots shall be counted and return thereof made in the manner required by law for such nominations, offices, or questions, insofar as paper ballots are used.
Parts
21-2-379.1. No direct electronic recording voting system shall be adopted or used unless it shall, at the time, satisfy the following requirements:
(1) It shall provide facilities for voting for such candidates as may be nominated and upon such questions as may be submitted; (2) It shall permit each elector, in one operation, to vote for all the candidates of one party or body for presidential electors; (3) Except as provided in paragraph (2) of this Code section for presidential electors, it shall permit each elector, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination; (4) It shall permit each elector to vote, at any election, for any person and for any office for whom and for which he or she is lawfully entitled to vote, whether or not the name of such person or persons appears as a candidate for election; to vote for as many persons for an office as he or she is entitled to vote for; and to vote for or against any question upon which he or she is entitled to vote; (5) It shall preclude the counting of votes for any candidate or upon any question for whom or upon which an elector is not entitled to vote; shall preclude the counting of votes for more persons for any office than he or she is entitled to vote for; and shall preclude the counting of votes for any candidate for the same office or upon any ques tion more than once; (6) It shall permit voting in absolute secrecy so that no person can see or know for whom any other elector has voted or is voting, save an elector whom he or she has assisted or is assisting in voting, as prescribed by law;

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(7) It shall be constructed of material of good quality in a neat and workmanlike manner; (8) It shall, when properly operated, record correctly and accurately every vote cast; (9) It shall be so constructed that an elector may readily learn the method of operat ing it; and (10) It shall be safely transportable.
21-2-379.2. (a) Any person or organization owning, manufacturing, or selling, or being interested in the manufacture or sale of, any direct electronic recording voting system may request the Secretary of State to examine the system. Any ten or more electors of this state may, at any time, request the Secretary of State to reexamine any such system previ ously examined and approved by him or her. Before any such examination or reexamination, the person, persons, or organization requesting such examination or reexamination shall pay to the Secretary of State the reasonable expenses of such examination. The Secretary of State may, at any time, in his or her discretion, reexamine any such system. (b) The Secretary of State shall thereupon examine or reexamine such direct electronic recording voting system and shall make and file in his or her office a report, attested by his or her signature and the seal of his or her office, stating whether, in his or her opinion, the kind of system so examined can be safely used by electors at primaries and elections as provided in this chapter. If this report states that the system can be so used, the system shall be deemed approved; and systems of its kind may be adopted for use at primaries and elections as provided in this chapter. (c) No kind of direct electronic recording voting system not so approved shall be used at any primary or election and if, upon the reexamination of any such system previously approved, it shall appear that the system so reexamined can no longer be safely used by electors at primaries or elections as provided in this chapter, the approval of the same shall immediately be revoked by the Secretary of State; and no such system shall thereafter be purchased for use or be used in this state. (d) When a direct electronic recording voting system has been so approved, no improve ment or change that does not impair its accuracy, efficiency, or capacity shall render necessary a reexamination or reapproval of such system, or of its kind. (e) Neither the Secretary of State, nor any custodian, nor the governing authority of any county or municipality or a member of such authority nor any other person involved in the examination process shall have any pecuniary interest in any direct electronic recording voting system or in the manufacture or sale thereof.
21-2-379.3. The governing authority of any county or municipality which adopts direct electronic recording voting systems in the manner provided for by this part shall, upon the pur chase of direct electronic recording voting systems, provide for their payment by the county or municipality. Bonds or other evidence of indebtedness may be issued in accordance with the provisions of law relating to the increase of indebtedness of counties or municipalities to meet all or any part of the cost of the direct electronic recording voting systems.
21-2-379.4. The governing authority of any county or municipality may at any regular meeting or at a special meeting called for the purpose, by a majority vote, authorize and direct the purchase of direct electronic recording voting systems for recording and computing the vote at elections held in the county or municipality; and thereupon the governing authority shall purchase, lease, rent, or otherwise procure direct electronic recording vot ing systems conforming to the requirements of this part."
SECTION 38. Said title, as revised by SB 630 enacted at the 1998 session of the General Assembly, is further amended by striking Code Section 21-2-383, relating to the preparation and deliv ery of ballots, and inserting in lieu thereof the following:

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"21-2-383.
Ballots for use by absentee electors shall be prepared sufficiently in advance by the superintendent and shall be delivered to the board of registrars or absentee ballot clerk 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 or vote recorders 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 en the face thereof with other instructions thereon the following:
'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, except in municipal primaries or elections, in which the form of absentee ballots which follows the paper ballot format shall be determined and prescribed by the superintend ent."
SECTION 39.
Said title, as revised by SB 630 enacted at the 1998 session of the General Assembly, is further amended by striking subsections (a) and (b) of Code Section 21-2-386, relating to safekeeping, certification, and validation of absentee ballots, and inserting in lieu thereof the following:
"(a)(l) The board of registrars or absentee ballot clerk shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election except as otherwise provided in paragraph (2) of this subsection. Upon receipt of each ballot, a registrar or clerk shall write the day and hour of the receipt of the ballot on its envelope. The registrar or clerk shall then compare the identifying information on the oath with the information on file in his or her office, shall compare the signature or mark on the oath with the signature or mark on the absentee elector's application for absentee ballot or a facsimile of said signature or mark taken from said application, and shall, if the information and signa ture appear to be valid, so certify by signing his or her name below the voter's oath. Each elector's name so certified shall be listed by the registrar or clerk on the num bered list of absentee voters prepared for his or her precinct. If the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required information or information so furnished does not conform with that on file in the registrar's or clerk's office, or if the elector is otherwise found disqualified to vote, the registrar or clerk shall write across the face of the envelope 'Rejected,' giving the reason therefor. The board of registrars or absentee ballot clerk shall promptly notify the elector of such rejection, a copy of which notification shall be retained in the files of the board of registrars or absentee ballot clerk for at least one year. Three copies of the numbered list of voters shall also be prepared for such rejected absentee electors, giving the name of the elector and the reason for the rejec tion in each case. Three copies of the numbered list of certified absentee voters and three copies of the numbered list of rejected absentee voters for each precinct shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for numbered lists of voters. All absentee bal lots returned to the board or absentee ballot clerk after the closing of the polls on the day of the primary or election shall be safely kept unopened by the board or absentee ballot clerk for the period of time required for the preservation of ballots used at the primary or election and shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. The board of registrars or absentee ballot clerk shall promptly notify the elector by first-class mail that the elector's ballot was returned too late to be counted and that the elector will not receive credit for voting in the primary or election. (2) After &00 PrM: 12:00 Noon and until the closing of the polls on the day of the primary or election, the registrars or absentee ballot clerks shall be authorized to open the outer envelope on which is printed the oath of the elector in such a manner as

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not to destroy the oath printed thereon; provided, however, that the registrars or absentee ballot clerk shall not be authorized to remove the contents of such outer envelope or to open the inner envelope marked 'Official Absentee Ballot.' At least three persons who are registrars, deputy registrars, poll workers, or absentee ballot clerks must be present before commencing. (b) After the elese ef- th peHs As soon as practicable after 12:00 Noon on the day of the primary or election, in precincts other than those in which vote recorders are used, a registrar or absentee ballot clerk shall deliver the official absentee ballot of each certi fied absentee elector, each rejected absentee ballot, applications for such ballots, and copies of the numbered lists of certified and rejected absentee electors to the manager in charge of the absentee ballot precinct of the county, which shall be located in the precincts containing the county courthouse or polling place designated by the municipal superintendent. After the close of the polls on the day of the election, such Saeh man ager with two assistant managers, appointed by the superintendent, with such clerks as the manager deems necessary shall count the absentee ballots following the procedures prescribed by this chapter for other ballots, insofar as practicable, and prepare an elec tion return for the county or municipality showing the results of the absentee ballots cast in such county or municipality. In those precincts in which vote recorders are used, such absentee ballots shall be taken to the tabulation center or other place designated by the superintendent, and the official receiving such absentee ballots shall issue his or her receipt therefor. A manager shall then open the envelope in such manner as not to destroy the oath printed thereon and shall deposit the inner envelope marked 'Official Absentee Ballot' in a ballot box reserved for absentee ballots and shall count the absen tee ballots for the county in the manner as prescribed above. In no event shall the counting of the ballots begin before the polls close."
SECTION 40. Said title, as revised by SB 630 enacted at the 1998 session of the General Assembly, is further amended in Code Section 21-2-408, relating to poll watchers, by designating the existing language of subsection (b) as paragraph (1) of said subsection, inserting a new paragraph (2) of subsection (b), and striking subsection (d) and inserting in lieu thereof a new subsection (d), so that paragraph (2) of subsection (b) and subsection (d) read as follows:
"(2) In an election or run-off election, each political party and political body, which body is registered pursuant to Code Section 21-2-110 and has nominated a candidate for state-wide office, shall additionally be entitled to designate, at least 14 days prior to such election or run-off election, no more than five official state-wide poll watchers to be selected by the appropriate party or body executive committee. Each indepen dent candidate shall also be entitled to designate five official state-wide poll watchers. In addition, candidates running in a state-wide nonpartisan election shall be entitled to designate five official state-wide poll watchers. All such designations of state-wide poll watchers shall be in writing and made and submitted to the State Election Board. A state-wide poll watcher shall have the same powers and duties as poll watchers and shall be entitled to watch the polls in any precinct in the state but shall otherwise be subject to all limitations and prohibitions placed on poll watchers. Each state-wide poll watcher shall be given a letter signed by the chairperson of the State Election Board. Such letter shall contain the following information: name of official state-wide poll watcher, address, a statement that such poll watcher is a state-wide poll watcher, and date of election or run-off election. At least three days prior to the election, a copy of the letter shall be delivered to the superintendent of each county in which the poll watcher might serve." "(d) Notwithstanding any other provisions of this chapter, a poll watcher may be per mitted behind the enclosed space for the purpose of observing the conduct of the elec tion and the counting and recording of votes. Such poll watcher shall in no way interfere with the conduct of the election, and the poll manager may make reasonable regulations to avoid such interference. Without in any way limiting the authority of poll managers, poll watchers are prohibited from talking to voters, checking electors lists, or participa ting in any other form of campaigning while they are behind the enclosed space. If a

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poll watcher persists in interfering with the conduct of the election or in violating any of the provisions of this Code section after being duly warned by the poll manager or superintendent, he or she may be removed by such official. Any infraction or irregulari ties observed by poll watchers shall be reported directly to the superintendent, not to the poll manager. The superintendent shall furnish a badge to each poll watcher bearing the words 'Official Poll Watcher,' the name of the poll watcher, the primary or election in which the poll watcher shall serve, and either the precinct or tabulating center in which the poll watcher shall serve or a statement that such poll watcher is a state-wide poll watcher. The poll watcher shall wear such badge at all times while serving as a poll watcher."
SECTION 41. Said title, as amended by SB 630 enacted at the 1998 session of the General Assembly, is further amended by inserting after Part 4 of Article 11 of Chapter 2 thereof a new Part 5 to read as follows:
"Parts
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

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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. 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 or municipalities using vot ing 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 following: '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.

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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 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.

THURSDAY, MARCH 19, 1998

2625

(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 42. Said title, as revised by SB 630 enacted at the 1998 session of the General Assembly, is further amended by striking Code Section 21-2-600, relating to the punishment for felonies under Chapter 2, and inserting in lieu thereof the following:
"21-2-600.
Any person convicted of a felony under this chapter shall be punished by a fine not to exceed $2,000.00 $10,000.00 or imprisonment of not less than one year nor more than three ten years, or both, in the discretion of the trial court, or may be punished as for a misdemeanor in the discretion of the trial court."
PART III
SECTION 43. Sections 17 and 23 of this Act shall become effective on July 1, 1998. The remainder of Part I and this part of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Part II of this Act shall become effective January 1, 1999, unless SB 630 as enacted by the 1998 session of the General Assembly does not become law or is not approved by the United States Department of Justice prior to that date. If SB 630 as enacted by the 1998 session of the General Assembly does not become law, Part II of this Act shall stand automatically repealed on January 1, 1999. If SB 630 as enacted by the 1998 session of the General Assembly is not approved by the United States Department of Justice prior to January 1, 1999, Part II of this Act shall become effective on the date such approval is obtained. If SB 630 as enacted by the 1998 session of the General Assembly is rejected by the United States Department of Justice, then Part II of this Act shall stand automatically repealed on the date of such rejection.
SECTION 44. All laws and parts of laws in conflict with this Act are repealed.

Representative Hecht of the 97th moved that the House adopt the report of the Com mittee of Conference on HB 1268.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien YAndenon YAahe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield
Bitdsong YBohannon

Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown E Buck Y Budmer N Bunn Y Burkhalter Y Byrd
Campbell

Y Canty Y Cash Y Channell 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 N Davis, M N 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 N Franklin Y Golden Y Graves Y Greene
Grindley Y Hammontree Y Manner

2626

JOURNAL OF THE HOUSE,

Y Harbin
Y Heard YHecht YHeckstaU
YHegstrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgeu
Hudson, H Hudson, N YHugley Ylrvin Y Jackson Y James Y Jamieson Jenkins
Johnson Y Johnston
Jones N Joyce NKaye

YLadd NLakly YLane YLee Y Lewis YLord Y Lucas Y Maddoi YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall
Y McClinton McKinney
Y Mills Y Mobley YMosley NMueller YO-Neal YOrrock YParham

YParrish Y Parsons Y Pelote
Perry Y Pinholster YPoag YPolak Y Ponder Y Porter
Powell YPurcell YRagas YRandall YRay
Reaves Y Reichert YRice Y Richardson
Roberts Y Rogers
Y Royal N Sanders Y Sauder
YScarlett

On the motion, the ayes were 147, nays 11. The motion prevailed.

Y 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
Smith, T
Y Smith, V Smyre
Y SneUing YSnow YStafflngs
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
Walker, L Y Walker, R.L
Watson
YWest Westmorland
N Whitaker Y Wiles Y Williams, B
YWaUams,J Y Williams, R YWorthan N Yates
Murphy, Spkr

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

The Senate adheres to its amendment and has appointed a Committee of Conference on the following bill of the House:

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 President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Brush of the 24th, Thompson of the 33rd and Hill of the 4th.

The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:

SB 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.

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Brown of the 26th, Oliver of the 42nd and Perdue of the 18th.

THURSDAY, MARCH 19, 1998

2627

The Senate insists on its amendments to the following bill of the House:

HB 408. By Representative Barnes of the 33rd:
A bill to amend Chapter 5 of Title 19 of the Official Code of Georgia Anno tated, relating to divorce, so as to provide that when a court awards real property or an interest in real property located in this state in any judgment or decree issued pursuant to said chapter, within 30 days after granting the order, the court shall cause a certificate for the order to be filed with the clerk of the superior court in the county of this state where the real property or any part of the real property is located.

The Senate discharged the Committee of Conference on the following bill of the House:

HB 233. By Representatives Heard of the 89th, McBee of the 88th, Sherrill of the 62nd and Hugley of the 133rd:
A bill to amend Code Section 33-1-9 of the Official Code of Georgia Anno tated, relating to insurance fraud, so as to provide for increased penalties for felony insurance fraud committed against persons 60 years of age or older.

The President has appointed as a second Committee of Conference the following:

Senators Harbison of the 15th, Brush of the 24th and Langford of the 29th.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 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.

Representative Skipper of the 137th moved that the House adhere to its position in substituting SB 510 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Skipper of 137th, Randall of the 127th and Teper of the 61st.

The following Bill of the House was again taken up for the purpose of considering the Senate amendment thereto:

2628

JOURNAL OF THE HOUSE,

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 Senate amendment and the Holland amendment to the Senate amendment were previously read.
Representative Holland of the 157th moved that the House agree to the Senate amendment, as amended by the House, to HB 300.
On the motion, the roll call was ordered and the vote was as follows:

N Alien Andereon
N Ashe N Bailey Y Bannister NBarfoot Y Barnard NBaraes N Bates N Benefield
Biidsong N Bohannon N Bordeaux N Bradford NBreedlove N Bridges Y Brooks N Brown EBuck N Buckner NBunn N Burkhalter YByrd N Campbell Y Canty NCash Y Channel! N Childers N Clark
NCoan N Coleman, B YColeman, T
N Cornell N Cooper N Crawford N Crews

N Culbreth N Cummings Y Davis, G N Davis, M NDay
DeLoach,B Y DeLoach, G NDix NDizon
NDobbe Dukes Ehrhart
YEpps N Evans N Everett N Felton
Floyd N Franklin
Golden N Graves YGreene N Grindley
N Hammontree Y Manner
Harbin Y Heard NHecht Y Heckstall YHegstrom NHenson Y Holland YHobnes N Houston Y Howard N Hudgens
Hudson, H

Y Hudson, N Y Hugley NIrvin N Jackson Y James N Jamieson YJenkins
Johnson N Johnston
N Jones N Joyce
NKaye NLadd NLakly
Lane NLee N Lewis YLord Y Lucas N Maddox NMann N Manning
Y Martin, J Y Martin, J.L NMassey YMcBee NMcCall N McClinton
McKinney N Mills
Y Mobley YMosley N Mueller
0-Neal Orrock YParham

NParrish N Parsons Y Pelote
Perry N Pinholster
NPoag YPolak Y Ponder Y Porter N Powell YPurcell
YRagas Randall
YRay Reaves
N Reichert
NRice N Richardson
Roberts N Rogers Y Royal N Sanders N Sauder N Scarlett NScheid Y Scott Y Shanahan
NShaw YSherriU
NShipp 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 N Smyre NSneUing
Snow YStallings Y Stancil, F N Stancil, S N Stanley, L N Stanley, P N Stephens Y Taylor YTeague YTeper N Thomas YTUlman
N Titus N Tolbert NTrense
Turnquest YTwiggs
Walker, L N Walker, R.L N Watson NWest N Westmoreland Y Whitaker
N Wiles Y Williams, B N Williams, J
Williams, R NWorthan
N Yates Murphy, Spkr

On the motion, the ayes were 51, nays 105. The motion was lost.

The following Bills of the House and Senate were taken up for the purpose of consid ering the Senate amendment or substitutes thereto:

SB 139. By Senators Thomas of the 10th, Price of the 56th, Thomas of the 54th and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to prohibit the Department of Medical Assistance from establishing a drug formulary that restricts by any prior approval pro cess a physician's ability to treat a patient with a prescription drug that has been approved by the United States Food and Drug Administration.

THURSDAY, MARCH 19, 1998

2629

The following Senate amendment was read:

Amend the House substitute to SB 139 by inserting on line 16 on page 1 immediately fol lowing the word and symbol "date;" the following:
"to provide for automatic repeal;"
By striking line 24 on page 5 and inserting in lieu thereof the following:
"provided in this part; provided, however, that this Code section shall not apply to licensed hospitals or their subsidiaries in the provision of health care services to recipi ents of medical assistance.'"
By inserting at the end of line 26 on page 5 the following:
"This Act shall be automatically repealed on December 31, 1999."

The following amendment was read and adopted:

Representatives Henson of the 65th, Childers of the 13th and Parham of the 122nd move to amend the Senate amendment to SB 139 as follows:
On line 12 after the period add
"When such recipients are inpatients of said hospitals."

Representative Childers of the 13th moved that the House agree to the Senate amend ment, to the House substitute, as amended by the House, to SB 139.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Andersen YAshe Y Bailey Y Bannister YBarfoot
Barnard YBames Y Bates YBenefield YBirdsong NBohannon Y Bordeaux N Bradford NBnedlove N Bridges Y Brooks N Brown EBuck YBuckner
Bunn NBurkbalter YByrd N Campbell
Y Canty YCash Y Channel! Y Childers
N Clark NCoan YColeman, B YColemsn, T Y Cornell
N Cooper Y Crawford N Crews

Culbreth Y Cununings Y Davis, G N Davis, M YDay
DeLoach, B N DeLoach, G NDiz YDizon YDobbs Y Dukes NEhrhart YEpps N Evans NEverett YFelton YPloyd N Franklin Y Golden Y Graves YGreene N Grindley N Hammontree Y Banner
Harbin Y Heard YHecht YHeckstall
YHegstrom Y Henson Y Holland
Y Holmes Y Houston Y Howard NHudgens Y Hudson, H

Y Hudson, N Y Hugley NIrvin
Jackson Y James Y Jamieson NJenkins
Johnson NJohnston Y Jones N Joyce
NKaye NLadd NLakly YLane
YLee N Lewis
Lord N Lucas YMaddoi NMann Y Muming
Y Martin, J Y Martin, J.L YMassey
YMcBse YMcCall
Y McClinton Y McKinney
N Mills Y Mobley YMosley N MueUer YCTNeal YOrrock Y Parham

YParrish Y Parsons Y Pelote Y Perry N Pinholster
YPoag YPolak Y Ponder Y Porter YPowell NPurceU
YRagas YRandall YRay Y Reaves Y Reichert NRice N Richardson
Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett N Scheid Y Scott YShanahan YShaw YSherriU YShipp YSims N Sinkfield Y Skipper Y Smith, C
Smith, C.W Y Smith, L

N Smith, L.R Y Smith, P N Smith, T
N Smith, V YSmyre N Snelling
YSnow YStallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas YTillman Y Titus
Y Tolbert NTrense
Y Turnquest YTwiggs Y Walker, L N Walker, R.L Y Watson YWest N Westmorland
Whitaker N Wiles Y Williams, B
Williams, J Williams, R YWorthan NYates
Murphy, Spkr

2630

JOURNAL OF THE HOUSE,

On the motion, the ayes were 117, nays 49. The motion prevailed.

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 Senate substitute was read:

A BILL
To amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to gen eral provisions regarding public officers and employees, so as to provide that complaints or information from public employees directed to members of the General Assembly con cerning fraud, waste, and abuse in or relating to any state programs or operations shall be confidential; to provide that no public employer shall have a policy requiring a report of any contact by a member of the General Assembly; to provide for definitions; to pro hibit retaliatory action; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to general provi sions regarding public officers and employees, is amended by adding a new Code section at the end thereof, to be designated Code Section 45-1-7, to read as follows:
"45-1-7.
(a) As used in this Code section, the terms 'public employer' and 'public employee' shall have the same meaning as those terms have in Code Section 45-1-4. (b) A member of the General Assembly may receive in confidence and investigate com plaints or information from any public employee concerning the possible existence of any activity constituting fraud, waste, and abuse in or relating to any state programs and operations under the jurisdiction of the General Assembly, and the identity of such public employee shall not be disclosed except by order of a court of competent jurisdic tion. (c) Notwithstanding any other law to the contrary, no public employer shall prohibit, verbally, in writing, or in any manner whatsoever, communication of information covered by subsection (b) of this Code section to any member of the General Assembly. (d) No action against any public employee shall be taken or threatened by any public employer who has authority to take, direct others to take, recommend, or approve any personnel action as a reprisal for disclosing information covered by subsection (b) of this Code section to a member of the General Assembly unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disre gard for its truth or falsity. (e) Any action taken in violation of subsection (d) of this Code section shall give the public employee a right to have such action set aside. Any division director, department head, or other person having supervisory authority over or authority to take, recom mend, or approve personnel action relating to a public employee who violates subsection (d) of this Code section shall be personally liable for such damages and reasonable attor neys' fees as may accrue as a result of any such violation."

THURSDAY, MARCH 19, 1998

2631

SECTION 2. 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 busi ness hours.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Coleman of the 142nd moved that the House agree to the Senate sub stitute to HB 1511.
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 YBanm Y Bates YBenefield YBirdsong YBohannon Y Bordeaux
Bradford YBreedlove Y Bridgei Y Brooks Y Brown EBuck YBuckner YBunn Y Burkhalter YByrd Y Campbell Y Canty YCaah Y Channel! YChilden Y Clark YCoan Y Coleman, B Y Coleman, T YConnell
Cooper Y Crawford Y Crews

Y Culbreth Y Cummings YDaviB, G YDavis, M YDay
DeLoach,B YDeLoach, G YDta YDizon
YDobbe Y Dukes YEhrhart YEpps Y Evans YEverett Y Felton YFloyd Y Franklin Y Golden Y Gravei YGreene YGrindley Y Hammontree Y Banner
Harbin Y Heard YHecht YHeckatall YHegstrom YHenson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin Y Jackson Y James
YJamieson Y JenUns
Johnson Johnston Jones Y Joyce
YKaye YLadd YLakly YLane
YLee Y Lewis YLord Y Lucas YMaddoi YMann Y Manning
Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton YMcKinney Y Mills Y Mobley YMosley Y Mueller YO'Neal YOrrock YParham

On the motion, the ayes were 165, nays 1. The motion prevailed.

YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter YPoweil YPurcell YRagas
Randall YRay Y Reaves Y Reichert YRice N Richardson Y Roberts Y Rogers YRoyal
Y Sanders YSauder YScarlett YScheid Y Scott Y Shanahan YShaw YSberrill 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 YStancil, F Y Stancil,S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper Y Thomas YTUlman Y Titus YTolbert YTrense Y Tunquest
Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland YWhitaker Y Wiles
Williams, B Y Williams, J Y Williams, R YWortnan Y Yates
Murphy, Spkr

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.

The following Senate substitute was read:

A BILL
To amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to organization of the executive branch generally, so as to provide for the creation of state

2632

JOURNAL OF THE HOUSE,

service delivery regions; to provide for exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to organization of the executive branch generally, is amended by adding at the end thereof a new Code Section 50-4-7 to read as follows:
"50-4-7.
(a) For the purpose of delivering state services to local units of government and citizens and for the purpose of establishing state agency regional boundaries, there are created 12 state service delivery regions as follows:
(1) State Service Delivery Region 1 shall be composed of Bartow, Catoosa, Chattooga, Dade, Fannin, Floyd, Gilmer, Gordon, Haralson, Murray, Paulding, Pickens, Polk, Walker, and Whitfield counties; (2) State Service Delivery Region 2 shall be composed of Banks, Dawson, Forsyth, Franklin, Habersham, Hall, Hart, Lumpkin, Rabun, Stephens, Towns, Union, and White counties; (3) State Service Delivery Region 3 shall be composed of Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Fulton, Gwinnett, Henry, and Rockdale counties; (4) State Service Delivery Region 4 shall be composed of Butts, Carroll, Coweta, Heard, Lamar, Meriwether, Pike, Spalding, Troup, and Upson counties; (5) State Service Delivery Region 5 shall be composed of Barrow, Clarke, Elbert, Greene, Jackson, Jasper, Madison, Morgan, Newton, Oconee, Oglethorpe, and Walton counties; (6) State Service Delivery Region 6 shall be composed of Baldwin, Bibb, Crawford, Houston, Jones, Monroe, Peach, Pulaski, Putnam, Twiggs, and Wilkinson counties; (7) State Service Delivery Region 7 shall be composed of Burke, Columbia, Glascock, Hancock, Jefferson, Jenkins, Lincoln, McDuffie, Richmond, Taliaferro, Warren, Wash ington, and Wilkes counties; (8) State Service Delivery Region 8 shall be composed of Chattahoochee, Clay, Crisp, Dooly, Harris, Macon, Marion, Muscogee, Quitman, Randolph, Schley, Stewart, Sumter, Talbot, Taylor, and Webster counties; (9) State Service Delivery Region 9 shall be composed of Appling, Bleckley, Candler, Dodge, Emanuel, Jeff Davis, Johnson, Laurens, Montgomery, Telfair, Toombs, Treutien, Wayne, Wheeler, and Wilcox counties; (10) State Service Delivery Region 10 shall be composed of Baker, Calhoun, Colquitt, Decatur, Dougherty, Early, Grady, Lee, Miller, Mitchell, Seminole, Terrell, Thomas, and Worth counties; (11) State Service Delivery Region 11 shall be composed of Atkinson, Bacon, Ben Hill, Berrien, Brantley, Brooks, Charlton, Clinch, Coffee, Cook, Echols, Irwin, Lanier, Lowndes, Pierce, Tift, Turner, and Ware counties; and (12) State Service Delivery Region 12 shall be composed of Bryan, Bulloch, Camden, Chatham, Effingham, Evans, Glynn, Liberty, Long, Mclntosh, Screven, and Tattnall counties. (b) This Code section shall not apply to or affect health districts or mental health dis tricts."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Coleman of the 142nd moved that the House agree to the Senate sub stitute to HB 1650.
On the motion, the roll call was ordered and the vote was as follows:

THURSDAY, MARCH 19, 1998

2633

Y Alien YAndenoo
Aahe Y Bailey Y Bannister YBarfoot Y Barnard YBarnw Y Bates YBenefield YBirdsong
Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown EBuck Y Buckner YBunn Y Burkhaltor YByrd Y Campbell Y Canty YCaah YChannell YChilders Y Clark YCoan YColeman, B YColeman, T YConnell Y Cooper Y Crawford Y Crews

Y Culbreth Y Cumnungg Y Davit, G Y Davis, M
Day YDeLoach, B Y DeLoach, G YDfc YOixon YDobbe YDukes 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 YHeckatall 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 Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis
Lord Y Lucas Y Maddoi YMann Y Manning Y Martin, J
Martin, J.L YMassey YMcBee YMcCaU Y McClinton
McKinney YMiUs
Mobley YMoeley Y Mueller YO-Neal YOrrock YParham

YFarrish Y Parsons Y Pelote Y Perry N Pinholster
Poag YPolak Y Ponder Y Porter
Powell YPurcell YRagas YRandall YRay Y Reaves YReicbert YRice N Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder
YScarlett NScheid 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 YSmyre Y Smiling YSnow YStaUings Y Stand), F N StancU, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper Y Thomas Y Tilhnan Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest
Westmorland Y Whitaker Y Wiles Y Williams, B N Williams, J Y Williams, R YWorthan Y Yates
Murphy, Spkr

On the motion, the ayes were 158, nays 5. The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 573

The Committee of Conference on SB 573 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 573 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

M Bill Ray Senator, 48th District
/a/ Rick Price Senator, 28th District
/s/ Donzella J. James Senator, 35th District

/s/ Breedlove Representative, 85th District
/s/ Royal Representative, 164th District
/s/ Roy E. Barnes Representative, 33rd District

2634

JOURNAL OF THE HOUSE,

A BILL
To amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, so as to change the definition of zoning decision to include the grant of a special use permit; to provide that certain zoning decisions shall constitute certain final legislative action; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning proce dures, is amended by striking Code Section 36-66-3, relating to definitions, and inserting hi lieu thereof a new Code section to read as follows:
"36-66-3.
As used in this chapter, the term: (1) 'Local government' means any county or municipality which exercises zoning power within its territorial boundaries. (2) 'Territorial boundaries' means, in the case of counties, the unincorporated areas thereof and any area defined in paragraph (5.1) of Code Section 36-70-2, and, in the case of municipalities, the area lying within the corporate limits thereof except any area defined in paragraph (5.1) of Code Section 36-70-2. (3) 'Zoning' means the power of local governments to provide within their respective territorial boundaries for the zoning or districting of property for various uses and the prohibition of other or different uses within such zones or districts and for the regula tion of development and the improvement of real estate within such zones or districts in accordance with the uses of property for which such zones or districts were estab lished. (4) 'Zoning decision' means final legislative action by a local government which results with in: (A) The adoption of a zoning ordinance; (B) The adoption of an amendment to a zoning ordinance which changes the text of the zoning ordinance; (C) The adoption of an amendment to a zoning ordinance which rezones property from one zoning classification to another; or (D) The adoption of an amendment to a zoning ordinance by a municipal local gov ernment which zones property to be annexed into the municipality; or (E) The grant of a permit relating to a special use of property. (5) 'Zoning ordinance' means an ordinance or resolution of a local government estab lishing procedures and zones or districts within its respective territorial boundaries which regulate the uses and development standards of property within such zones or districts. The term also includes the zoning map adopted in conjunction with a zoning ordinance which shows the zones and districts and zoning classifications of property therein."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Breedlove of the 85th moved that the House adopt the report of the Committee of Conference on SB 573.
On the motion, 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 Y Bates Y Benefield Y Birdsong Y Bohannon

Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown

E Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell

Y Canty Cash
Y Channell Y Childem Y Clark Y Coan

THURSDAY, MARCH 19, 1998

2635

Y Coleman, B Y Coleman, T YConneU Y Cooper Y Crawford YCrews
Culbreth Y Cuminings
Davi., G Y Davis, M YDay YDeLoach, B YDeLoach, G YDix YDizon YDobbs Y Dukes YEhrhart YEpps Y Evans YEverett YFelton 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 Y Howard YHudgens Y Hudson, H Y Hudson, N YHugley Ylrvin Y Jackson Y James Y Jamieson YJenkJns
Johnson Y Johnston Y Jones Y Joyce YKaye YLadd NLakly YUne 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 Moeley YMueller 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 Reicbert YRice N Richardson Y Roberts
Y Rogers Y Royal
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 YSnelling

YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas YTilhnan Y Titus Y Tolbert YTrense YTumquest 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 motion, the ayes were 169, nays 2. The motion prevailed.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

HB 32. By Representatives Byrd of the 170th and Mosley of the 171st:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions applicable to counties and municipal cor porations, so as to provide for competitive bidding when a county or municipal corporation constructs or renovates a building or other real prop erty to be leased by the state.

The following Senate substitute was read:

A BILL
To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide for competitive bidding when a county or municipal corporation constructs or renovates a building or other real property to be leased by the state; 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. Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provi sions applicable to counties and municipal corporations, is amended by adding at the end thereof a new Code section to read as follows:
"36-60-19. (a) Whenever the governing authority of a county or municipal corporation plans to authorize the construction or renovation of a building or other real property for lease

2636

JOURNAL OF THE HOUSE,

to the Department of Administrative Services for use by a state agency or agencies pur suant to Code Section 50-5-32, such construction or renovation process shall be subject to the competitive bidding procedure set forth in subsection (b) of this Code section. The result of the competitive bidding procedure should be that the lowest responsible bidder shall do the work. (b) The proper official of the county or municipal corporation shall give notice of the contract to be let by advertisement in the official legal organ of the county where the project is to be constructed once a week for four weeks and by posting a written notice in the appropriate place in the county courthouse or city hall, as applicable. A copy of the notice shall be available for public inspection in the office of the proper official. Such notice shall contain complete and minute specifications of the proposed project. All responsive bids shall be sufficiently detailed as to enable the appropriate governing authority to make an accurate and informed decision."
SECTION 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 36-60-13, relating to multiyear lease, purchase, or lease purchase contracts, and inserting in lieu thereof the following:
"(a) Each county or municipality in this state shall be authorized to enter into multiyear lease, purchase, or lease purchase contracts of all kinds for the acquisition of goods, materials, real and personal property, services, and supplies, provided that any such contract shall contain provisions for the following:
(1) The contract shall terminate absolutely and without further obligation on the part of the county or municipality at the close of the calendar year in which it was exe cuted and at the close of each succeeding calendar year for which it may be renewed as provided in this Code section; (2) The contract may provide for automatic renewal unless positive action is taken by the county or municipality to terminate such contract, and the nature of such action shall be determined by the county or municipality and specified in the contract; and (3) The contract shall state the total obligation of the county or municipality for the calendar year of execution and shall further state the total obligation which will be incurred hi each calendar year renewal term, if renewed? and
\$/ ruC COfitPdCt Snfttx PFOV1QC vftflv tlllC vQ ftliy SUppllCSj nranCFlfu0j CQulplliClrlf Qt
ether personal property shaH teaw the vender tmttt fetiy paid fet by the eettnty or municipality."
SECTION 3. This Act shall become effective on July 1, 1998.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Byrd of the 170th moved that the House agree to the Senate substi tute to HB 32.
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
YBenefield YBinUong YBohannon Y Bordeaux Y Bradford YBreedlove

Y Bridges Y Brooks Y Brown E Buck Y Buckner YBunn Y Burkhalter
YByrd Y Campbell
Y Canty Y Cash Y Channell Y Childers Y Clark Y Coan

Y Coleman, B Coleman, T
Y ConneU 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 Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton
Y Floyd Y Franklin
Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner

Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland
Holmes Y Houston
Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley
Irvin

THURSDAY, MARCH 19, 1998

2637

Y Jackson Y James YJamieson Y Jenkras
Johnson Y Johnston Y Jones Y Joyce
Kaye YLadd NLakly
Lane YLee Y Lewis
YLord Lucas
YMaddoz YMann Y Manning
Martin, J Y Martin, J.L

YMassey YMcBee YMcCall Y McClinton
McKinney Y Mills Y Mobley YMosley NMuellei YO'Neal YOrrock YParham YParrish Y Parsons YPelote Y Perry YPinholster
YPoag YPoIak Y Ponder Y Porter

Y Powell YPurceU
YRagas YRandall YRay Y Reaves YReicbert YRice N Richardson Y Roberts Y Rogers Y Royal Y Sanders YSauder YScarlett YScheid Y Scott Y Shanahan YShaw YSherriU
YShipp

On the motion, the ayes were 163, nays 3. The motion prevailed.

YSims Sinkfleld
Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre YSneUing YSnow YStallings Y Standl, F YStancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague

YTeper Y Thomas Y Tilhnan YTitm YTolbert YTrenw YTurnqueet 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

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 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.

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Langford of the 29th, Oliver of the 42nd and Land of the 16th.

The following Bills and Resolution of the House and Senate were taken up for the purpose of considering the reports of the Committees of Conference thereon:

HB 409. By Representatives Porter of the 143rd, Taylor of the 134th, O'Neal of the 75th, Hugley of the 133rd and Parham of the 122nd:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, so as to provide that driver's education shall be an authorized high school program.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 409

The Committee of Conference on HB 409 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 409 be adopted.

2638

JOURNAL OF THE HOUSE,

FOR THE SENATE:
/s/ Terrell A. Starr Senator, 44th District
/s/ Robert Lamutt Senator, 21st District
/s/ Mary Margaret Oliver Senator, 42nd District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ DuBose Porter Representative, 143rd District
/s/ Carolyn F. Hugley Representative, 133rd District
/s/ Penny Houston Representative, 166th District

A BILL
To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to provide for Carnegie unit curriculum credits for completion of a driver education course in a driver training school; to provide for a change in the program weights allotted to state authorized instructional programs for pur poses of the Quality Basic Education Formula; to require local school systems to spend 100 percent of funds allotted under the Quality Basic Education Formula and designated for media center materials costs for such materials; to provide for change in a local school system's local fair share based on the failure to encumber such funds; to provide for grants to public secondary schools and local school systems to support driver education courses and programs for secondary school students; 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 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," is amended by adding a new Code Section 20-2-151.2 to read as fol lows:
"20-2-151.2. For the purpose of earning Carnegie unit curriculum credits at the high school level, sat isfactory completion, on or after January 1, 1999, of a driver education course in a driver training school and under the instruction of a driver training instructor licensed by the department under Chapter 13 of Title 43, 'The Driver Training School License Act,' may be accepted by the State Board of Education for one-half unit of elective credit for any student."
SECTION 2. Said article is further amended by striking subsections (a) and (b) of Code Section 20-2-161, relating to the Quality Basic Education Formula, and inserting in in lieu thereof new subsections (a) and (b) to read as follows:
"(a) The high school general education program is declared to be the base program against which the cost of all other instructional programs shall be compared. The amount of funds needed by each full-time equivalent student in the base program, in order that such program can be sufficiently funded to provide quality basic education to all enrolled students, shall be known as the 'base amount' and shall reflect program components which constitute the program weight for the high school general education program in Code Sections 20-2-182 through 20-2-186. However, the General Assembly shall annually establish through the General Appropriations Act the base amount to be used each year. In the event that the base amount so established when multiplied by the program weights in subsection (b) of this Code section requires funds in excess of the appropriation for the Quality Basic Education Formula grants, the funds which are appropriated for the Quality Basic Education Formula shall be prorated to each of the Quality Basic Education Formula cost categories.

THURSDAY, MARCH 19, 1998

2639

(b) As the cost of instructional programs varies depending upon the teacher-student ratios and specific services typically required to address the special needs of students enrolled, state authorized instructional programs shall have the following program weights:
(1) Kindergarten program............................................................................... 1.3286 1.3210 (2) Primary grades program (1-3).................................................................. 1.2482 1.2424 (3) Upper elementary grades program (4-5)................................................ 1.0197 1.0067 (4) Middle grades program (6-8).................................................................... 4:0343 1.0122 (5) High school general education program (9-12)................................................ 1.0000 (6) High school nonvocational laboratory program (9-12)................................................................................................... 4^438 1.1604 (7) Vocational laboratory program (9-12)..................................................... 1.8667 1.2719 (8) Program for persons with disabilities: Category I........................................................................................................... 3^449 2.3561 (9) Program for persons with disabilities: Category II......................................................................................................... 3^364 2.7406 (10) Program for persons with disabilities: Category ni........................................................................................................ &46T9 3.4857 (11) Program for persons with disabilities: Category IV........................................................................................................ 616888 5.6338 (12) Program for persons with disabilities: Category V.......................................................................................................... 4444 2.4473 (13) Program for intellectually gifted students: Category VI....................................................................................... 1.6374 1.6453 (14) Remedial education program.................................................................. 1.2086 1.2918"
SECTION 3. Said article is further amended in subsection (a) of Code Section 20-2-167, relating to funding for direct instructional, media center, and staff development costs under the Qual ity Basic Education Formula, by striking in their entirety paragraphs (2) and (4) and inserting hi lieu thereof new paragraphs (2) and (4) to read as follows:
"(2) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for media cen ter costs, specifying the salaries and materials cost portions. In computing the total funds needed for media center costs, the state board shall apply the percentage that these costs represent of the total costs used in developing program weights. Each local school system shall spend a minimum of 90 percent of the funds designated for media center salary costs for such salaries and a minimum ef- 90 100 percent of the funds designated for media center materials costs for such materials. For purposes ef- deterarining compliance with the 99 percent expenditure omounta,- the separate idontificatiea of salary and materials eest portions shaH become effective a thriy 4; 1002. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, the 90 and 100 percent amounts shall be increased by the portion of the midterm adjustment allotment which is applied to the respective portions of the media center costs. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its ini tial allocation and it elects to return a portion of its allocation for media center costs to the state, the 90 or 100 percent amount for the appropriate portions of the media center costs shall be reduced by that returned amount. Quality Basic Education For mula funds in excess of the 90 percent amount required by this paragraph to be expended by a local school system for media center salary costs which are not expended for this purpose may be expended only for the costs of one or more of the programs specified by Code Section 20-2-161." "(4) In the event any local school system should fail to encumber at least 90 percent of the funds specified in paragraph (1) er {3} of this subsection, 90 percent of the funds specified in paragraph (2) of this subsection for media center salary costs, 100 percent of the funds specified in paragraph (2) of this subsection for media center

2640

JOURNAL OF THE HOUSE,

materials costs, or the funds designated for operational costs in paragraph (1) of this subsection, the state board shall increase the local fair share for an ensuing year by the difference between the actual amounts encumbered and the 90 or 100 percent amounts or the funds designated for operational costs calculated pursuant to this sub section. All funds earned pursuant to this article may be expended only for the opera tion of educational programs and services explicitly authorized under this article."
SECTION 4. Said article is further amended by adding a new Code Section 20-2-257 to read as follows:
"20-2-257.
The State Board of Education shall provide public secondary schools and local school systems with grants, subject to appropriation by the General Assembly and pursuant to applications made at the discretion of such systems. The purpose of such grants shall be to support motor vehicle driver education courses and programs for secondary school students. The amount of such grants shall be reflective of the most recent counts of age 15, 16, and 17 year old secondary school students in the public schools or local school systems. The public schools or local school systems receiving such grants may expend these funds only for purposes of providing driver education courses or programs to sec ondary school students. Such courses or programs may be provided directly by the local school system or by contract with private driver education school licensed by Depart ment of Public Safety. Such grants shall be supplemental to any other provision of state funds for such driver education courses or programs. The state board shall prescribe cri teria, policies, and standards deemed necessary for the effective implementation of this Code section."
SECTION 5. This Act shall become effective on July 1,1998.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Porter of the 143rd moved that the House adopt the report of the Committee of Conference on HB 409.
On the motion, the roll call was ordered and the vote was as follows:

Y Allan YAndenon YAahe Y Bailey
Banniater
YBarfoot Y Barnard YBarnee YBatw YBenefield YBirdsong YBohannon Y Bordeaux
Y Bradford YBreedlove Y Bridges Y Brooks Y Brown EBuck
YBuckner YBunn YBurkhalter YByrd Y Campbell Y Canty YCaah Y Channel! YCbildera Y Clark

Coan Y Coleman, B Y Coleman, T YConnell Y Cooper
YCrawford Y Crews Y Culbreth YCummings Y Davis, G Y Davis, M Y Day YDeLoach.B
Y DeLoach, G Y Dix Y Dixon Y Dobbs Y Dukes YEhrhart
Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene YGrindley

Y Hammontree Hanner
Y Harbin Y Heard Y Hecht
Y HeckataU Y Hegstrom Y Henson
Holland Y Holmes Y Houston Y Howard Y Hudgens
Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson Y James
Y Jamieson Y Jenkins
Johnson Johnston Y Jones Y Joyce Y Kaye Y Ladd Y Lakly Y Lane

Y Lee Y Lewis Y Lord N Lucas Y Maddox
Y Mann Y Manning Y 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
Parsons Pelote Y Perry Y Pinholster Y Poag Y Polak Y Ponder

Y Porter Y PoweU
Purcell Y Ragas
Randall
Y Ray Y Reaves Y Reichert Y Rice N Richardson Y Roberta Y Rogers Y Royal
Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
Y Shaw Y Sherrill Y Shipp Y Sims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R

THURSDAY, MARCH 19, 1998

2641

Y Smith, P Y Smith, T Y Smith, V YSmyre YSnelling YSnow YStallingi

StancU,F Y Stand), S Y Stanley, L Y Stanley, P Y Stephens YTaylor YTeague

Y Tepei Y Thomas YTiUman Y Titus YTolbert YTrenw Y Turnquest

On the motion, the ayes were 161, nays 2. The motion prevailed.

Y Twiggs Walker, L
Y Walker, RL Y Watson Y West Y Wentmoreland Y Whitaker

Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates
Murphy, Spkr

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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1393

The Committee of Conference on HB 1393 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1393 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

M Cagle Senator, 49th District

/s/ Channell Representative, lllth District

/s/ Don Thomas Senator, 54th District

/s/ Lane Representative, 146th District

/s/ Hugh Gillis, Sr. Senator, 20th District

M Rogers Representative, 20th District

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 per sons convicted of operating a moving vessel, moving water skis, moving aquaplane, moving surfboard, or personal watercraft while under the influence of alcohol or drugs; to provide for zero tolerance for drugs and alcohol under such circumstances for persons under the age of 21; to provide for a cause of action for child endangerment under such circum stances; 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 52 of the Official Code of Georgia Annotated, relating to waters of the state, is amended by adding at the end of Code Section 52-7-12, relating to operation of vessels, water skis, aquaplanes, and surfboards while under influence of alcohol or drugs, new sub sections (j), (k), and (1), to read as follows:

2642

JOURNAL OF THE HOUSE,

"(j) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (k) of this Code section, if there was at that time or within three hours after operating, navigating, steering, driving, or being in actual physical control of a moving vessel or personal watercraft from alcohol con sumed before such operating, navigating, steering, driving, or being in actual physical control ended an alcohol concentration of 0.02 grams or more in the person's blood, breath, or urine, the person shall be in violation of subsection (k) of this Code section.
(k)(l) A person under the age of 21 shall not operate, navigate, steer, drive, or be in actual physical control of any moving vessel, moving water skis, moving aquaplane, moving surfboard or similar moving device, or personal watercraft while the person's alcohol concentration is 0.02 grams or more at any time within three hours after such operating, navigating, steering, driving, or being in actual physical control from alcohol consumed before such operating, navigating, steering, driving, or being in actual physi cal control ended. (2) No plea of nolo contendere shall be accepted for any person under the age of 21 charged with a violation of this Code section. (1) A person who violates this Code section while transporting in a moving vessel or per sonal watercraft or towing on water skis, an aquaplane, a surfboard or similar device a child under the age of 14 years is guilty of the separate offense of endangering a child by operating a moving vessel or personal watercraft under the influence of alcohol or drugs. The offense of endangering a child by operating a moving vessel or personal watercraft under the influence of alcohol or drugs shall not be merged with the offense of operating a vessel under the influence of alcohol or drugs for the purposes of prosecu tion and sentencing. An offender who is convicted of a violation of this subsection shall be punished in accordance with the provisions of subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child."
SECTION 2. Said title is further amended by adding a new Code Section 52-7-12.5 to read as follows:
"52-7-12.5.
(a) The test or tests required under Code Section 52-7-12 shall be administered as soon as possible at the request of a law enforcement officer having reasonable grounds to believe that the person has been operating or was in actual physical control of a moving vessel upon the waters of this state in violation of Code Section 52-7-12 and the officer has arrested such person for a violation of Code Section 52-7-12, any federal law in con formity with Code Section 52-7-12, or any local ordinance which is identical to Code Section 52-7-12 in accordance with Code Section 52-7-21 or the person has been involved in a boating accident resulting in serious injuries or fatalities. Subject to Code Section 52-7-12, the requesting law enforcement officer shall designate which test shall be administered, provided that the officer shall require a breath test or a blood test and may require a urine test. (b) At the tune a chemical test or tests are requested, the arresting officer shall select and read to the person the appropriate implied consent warning from the following:
(1) Implied consent notice for suspects under age 21: 'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your privi lege to operate a vessel on the waters of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing, the results of that test or tests may be used against you. If the results of such test or tests indicate an alco hol concentration of 0.02 grams or more or the presence of any illegal drug, your privilege to operate a vessel on the waters of this state may be suspended for a min imum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing.

THURSDAY, MARCH 19, 1998

2643

Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?'; or
(2) Implied consent notice for suspects age 21 or over:
'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your privi lege to operate a vessel on the waters of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing, the results of that test or tests may be used against you. If the results of such test or tests indicate an alco hol concentration of 0.10 grams or more or the presence of any illegal drug, your privilege to operate a vessel on the waters of this state may be suspended for a min imum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?'
If any such notice is used by a law enforcement officer to advise a person of his or her rights regarding the administration of chemical testing, such person shall be deemed to have been properly advised of his or her rights under this Code section and under Code Section 52-7-12.6 and the results of any chemical test, or the refusal to submit to a test, shall be admitted into evidence against such person. This notice shall be deemed sufficient if such notice read by arresting officer is substantially complied with.
(c) Subsection (b) of this Code section shall apply to any case wherein the request for chemical testing is made regarding an offense committed on or after June 1, 1998. Sub section (b) of this Code section shall not apply to any case wherein the request for chemical testing was made regarding an offense committed prior to June 1, 1998, in which case those provisions of former Code Section 52-7-12 governing the admissibility of evidence of results of chemical testing or refusal to submit to chemical testing which were in effect at the time the offense was committed shall apply.
(d) If a person under arrest or a person who was involved in any boating accident resulting in serious injuries or fatalities submits to a chemical test upon the request of a law enforcement officer and the test results indicate that a suspension of the privilege of operating a vessel on the waters of this state is required under this Code section, the results shall be reported to the department. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been operating or was in actual physical control of a moving vessel upon the waters of this state in violation of Code Section 52-7-12 or that such person had been operating or was in actual physical control of a moving vessel upon the waters of this state and was involved in a boating accident involving serious injuries or fatalities and that the person submitted to a chemical test at the request of the law enforcement offi cer and the test results indicate either an alcohol concentration of 0.10 grams or more or, for a person under the age of 21, an alcohol concentration of 0.02 grams or more, 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 department shall suspend the person's privilege to operate a vessel upon the waters of this state pursuant to Code Section 52-7-12.6, subject to review as provided for in this Code section.
(e) If a person under arrest or a person who was involved in any boating accident result ing in serious injuries or fatalities refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsection (a) of this Code section, no test shall be given; but the law enforcement offi cer shall report the refusal to the department. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been operating or was in actual physical control of a moving vessel upon the waters of this state in violation of Code Section 52-7-12 or that such person had been operating or was in actual physical control of a moving vessel upon the waters

2644

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of this state and was involved in a boating accident which resulted in serious injuries or fatalities and that the person had refused to submit to the test upon the request 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 department shall suspend the person's privilege of operating a vessel on the waters of this state for a period of one year.
(f)(l) The law enforcement officer, acting on behalf of the department, shall person ally serve the notice of intention to suspend or disqualify the privilege of operating a vessel on the waters of this state of the arrested person or other person refusing such test on such person at the time of the person's refusal to submit to a test or at the time at which such a test indicates that suspension or disqualification is required under this Code section. The officer shall forward to the department the notice of intent to suspend and the sworn report required by subsection (d) or (e) of this Code section within ten calendar days after the date of the arrest of such person. The fail ure of the officer to transmit the sworn report required by this Code section within ten calendar days shall not prevent the department from accepting such report and utilizing it in the suspension of an operator's privilege as provided in this Code sec tion. (2) If notice has not been given by the arresting officer, the department, upon receipt of the sworn report of such officer, shall suspend the person's privilege to operate a vessel and, by regular mail, at the last known address, notify such person of such sus pension. The notice shall inform the person of the grounds of suspension, the effective date of the suspension, and the right to review. The notice shall be deemed received three days after mailing. (g)(l) A person whose operator's privilege is suspended pursuant to this Code section shall request, in writing, a hearing within ten business days from the date of personal notice or receipt of notice sent by certified mail, return receipt requested, or the right to said hearing shall be deemed waived. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as is provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded. (2) The scope of the hearing shall be limited to the following issues:
(A)(i) Whether the law enforcement officer had reasonable grounds to believe the person was operating or in actual physical control of a moving vessel while under the influence of alcohol or a controlled substance and was lawfully placed under arrest for violating Code Section 52-7-12. (ii) Whether the person was involved in a vessel accident or collision resulting in serious injury or fatality; (B) Whether at the time of the request for the test or tests the officer informed the person of the person's implied consent rights and the consequence of submitting or
refusing to submit to such test and: (i) Whether the person refused the test; or (ii) Whether a test or tests were administered and the results indicated an alcohol concentration of 0.10 grams or more or, for a person under the age of 21, an alco
hol concentration of 0.02 grams or more; and (C) Whether the test or tests were properly administered by an individual possess
ing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation on an instrument approved by the Division of Forensic Sciences or
a test conducted by the Division of Forensic Sciences, including whether the machine at the time of the test was operated with all its electronic and operating
components prescribed by its manufacturer properly attached and in good working order, which shall be required. A copy of the operator's permit showing that the
operator has been trained on the particular type of instrument used and one of the original copies of the test results or, where the test is performed by the Division of
Forensic Sciences, a copy of the crime lab report shall satisfy the requirements of this subparagraph.

THURSDAY, MARCH 19, 1998

2646

(3) The hearing officer shall, within five calendar days after such hearing, forward a decision to the department to rescind or sustain the suspension of the person's privi lege to operate a vessel on the waters of this state. If no hearing is requested within the ten business days specified above, and the failure to request such hearing is due in whole or in part to the reasonably avoidable fault of the person, the right to a hear ing shall have been waived. The request for a hearing shall not stay the suspension of the person's privilege to operate a vessel on the waters of this state; provided, how ever, that if the hearing is timely requested and is not held within 60 days and the delay is not due in whole or in part to the reasonably avoidable fault of the person, the suspension shall be stayed until such time as the hearing is held and the hearing officer's decision is made. (4) In the event the person is acquitted of a violation of Code Section 52-7-12 or such charge is initially disposed of other than by a conviction or plea of nolo contendere, then the suspension shall be terminated. An accepted plea of nolo contendere shall be entered on the operator's record and shall be considered and counted as a conviction for purposes of any future violations of Code Section 52-7-12. (h) If the suspension is sustained after such a hearing, the person whose privilege to operate a vessel on the waters of this state has been suspended under this Code section shall have a right to file for a judicial review of the department's final decision, as pro vided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; while such appeal is pending, the order of the department shall not be stayed, (i) Each time an approved breath-testing instrument is inspected, the inspector shall prepare a certificate which shall be signed under oath by the inspector and which shall include the following language: 'This breath-testing instrument (serial no. _______) was thoroughly inspected, tested, and standardized by the undersigned on (date _________) and all of its electronic and operating components prescribed by its manufacturer are properly attached and are in good working order.' When properly prepared and executed, as prescribed in this subsection, the certificate shall, notwithstanding any other provision of law, be self-authenticating, shall be admis sible in any court of law, and shall satisfy the pertinent requirements of paragraph (1) of subsection (c) of Code Section 52-7-12 and subparagraph (g)(2)(C) of this Code sec tion."
SECTION 3. Said title is further amended by adding a new Code Section 52-7-12.6 to read as follows:
"52-7-12.6.
(a) Any operator's privilege to operate a vessel on the waters of this state required to be suspended under subsection (d) of Code Section 52-7-12.5 shall be suspended subject to the following terms and conditions:
(1) Upon the first suspension pursuant to subsection (d) of Code Section 52-7-12.5 within the previous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspen sion is obtained, the period of suspension shall be for one year. Not sooner than 30 days following the effective date of suspension, the person may apply to the depart ment for reinstatement of his or her operator's privilege. Such privilege shall be rein stated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources. An operator's privilege suspended pursuant to Code Section 52-7-12.5 shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduc tion Program approved by the Department of Human Resources; (2) Upon the second suspension pursuant to subsection (d) of Code Section 52-7-12.5 within five years, as measured from the dates of previous arrests for which suspen sions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for three years. Not sooner than 120 days following the effective date of suspension, the person may apply to the department for reinstatement of the person's operator's privilege. Such privilege shall be reinstated if

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JOURNAL OF THE HOUSE,

such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduc tion Program approved by the Department of Human Resources. An operator's privi lege suspended pursuant to Code Section 52-7-12.5 shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources; and (3) Upon the third or subsequent suspension pursuant to subsection (d) of Code Sec tion 52-7-12.5 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspen sion is obtained, the period of suspension shall be for not less than five years and until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources. (b) In all cases in which the department may return the privilege to operate a vessel on the waters of this state to an operator prior to the termination of the full period of suspension, the department may require such tests of operating skill and knowledge as it determines to be proper, and the department's discretion shall be guided by the operator's past operating record and performance. (c) Any person who operates a vessel or personal watercraft on any of the waters of this state at a time when such person's privilege to do so has been suspended shall be guilty of a misdemeanor."
SECTION 4. This Act shall become effective June 1,1998.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Channell of the lllth moved that the House adopt the report of the Committee of Conference on HB 1393.
On the motion, the roll call was ordered and the vote was as follows:

Alien Anderson YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford YBraedlove Y Bridges Y Brooks Y Brown EBuck
YBuckner YBunn Y Burkhalter YByrd Y Campbell
Y Canty YCash Y Channell
YChildere Y Clark YCoan YColeman, B
Coleman, T YConnell Y Cooper Y Crawford Y Crews

YCulbreth Y Cummings
Davis,G YDavis, M YDay YDeLoach, B YDeLoach, G YDix YDixon
YDobbs YDukes YEhihart YEpps
Evans YEverett YFelton YFloyd N Franklin
Y Golden Y Graves YGreene YGrindley
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 YHugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins
Johnson Y Johnston Y Jones N Joyce
Kaye YLadd NLakly YLane YLee Y Lewis YLord Y Lucas YMaddox YMann
Y Manning
Y Martin, J Martin, J.L
YMassey YMcBee YMcCall Y McClinton
McKinney Y Mills Y Mobley YMosley
Y Mueller YO'Neal YOrrock
Parham

YParrish Y Parsons
Pelote Y Perry YPinholster
YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas
Randall YRay Y Reaves YReichert YRice
Richardson
Y Roberts Y Rogers Y Royal
N Sanders YSauder
YScarlett 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 Y Smith, P
Smith, T Y Smith, V
YSmyre YSnelling YSnow Y Stalling!
YStancU,F Y Stances Y Stanley, L Y Stanley, P Y Stephens YTaylor YTeague YTeper Y Thomas YTillman Y Titus YTolbert
YTrense YTumqueet 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 NYates
Murphy, Spkr

THURSDAY, MARCH 19, 1998

2647

On the motion, the ayes were 156, nays 5. The motion prevailed.

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SR 559

The Committee of Conference on SR 559 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SR 559 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Steve Thompson Senator, 33rd District

/s/ Benefield Representative, 96th District

/s/ Eric B. Johnson Senator, 1st District

/s/ Mickey Channell Representative, lllth District

/s/ Jack Hill Senator, 4th District

/s/ Denny M. Dobbs Representative, 92nd District

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 origi nate in the Senate or the House of Representatives; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article III, Section IX, Paragraph VI of the Constitution is amended by adding a new subparagraph (k) to read as follows:
"(k) The General Assembly is authorized to provide by general law for the creation of a roadside enhancement and beautification fund from which funds shall be disbursed for enhancement and beautification of public rights of way; for allocation and dedica tion of revenue from tree and other vegetation trimming or removal permit fees, other related assessments, and special and distinctive wildflower motor vehicle license plate fees to such fund; that moneys paid into the fund shall not lapse, the provisions of Article III, Section IX, Paragraph IV(c) notwithstanding; and for any matters relating to the purpose or provisions of this subparagraph. An Act creating such fund and malung such provisions effective January 1, 1999, or later may originate or have origi nated in the Senate or the House of Representatives."

2648

JOURNAL OF THE HOUSE,

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

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

"( ) YES ( ) NO

Shall the Constitution be amended so as to authorize the General Assem bly to provide by general law for a roadside enhancement and beautification fund from which funds shall be disbursed for enhancement and beautification of public rights of way; for allocation and dedication of revenue from tree and other vegetation trimming or removal permit fees, other related assessments, and special and distinctive wildflower motor vehicle license plate fees to such fund; that moneys paid into the fund shall not lapse; and that an Act creating the fund and making such provi sions may originate in the Senate or the House of Representatives?"

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

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

Representative Channel! of the lllth moved that the House adopt the report of the Committee of Conference on SR 559.
On the motion, the roll call was ordered and the vote was as follows:

Alien Y Andenon YAshe Y Bailey Y Bannister YBarfoot
Barnard YBarnes Y Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown EBuck YBuckner YBunn Y Burkbalter YByrd Y Campbell Y Canty YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B
Coleman, T YConnell Y Cooper Y Crawford Y Crews

Y Culbreth Y CuntmingB Y Davis, G Y Davis, M YDay Y DeLoach, B YDeLoach,G YDix YDizon YDobbs Y Dukes YEhrhart YEpp. 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 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 YJenkina
Johnson N Jobnston
Jones Y Joyce YKaye YLadd
Lakly 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 YMueller YO-Neal YOrrock YParham

On the motion, the ayes were 166, nays 1. The motion prevailed.

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 Y Roberts Y Rogers Y Royal Y Sanders YSauder Y Scarlett YScbeid 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 YSmyre Y SneUing YSnow Y Stalling*
Stancil, F YStancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas Y Tilbnan Y Titus YTolbert YTnnse Y Turnquest YTwiggs
Walker, L Y Walker, R.L Y Watson YWest
Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

THURSDAY, MARCH 19, 1998

2649

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 337

The Committee of Conference on SB 337 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 337 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/a/ Steve Thompson Senator, 33rd District

/s/ Jimmy Benefield Representative, 96th District

/s/ Eric B. Johnson Senator, 1st District

M Mickey Channel! Representative, lllth District

/s/ Jack Hill Senator, 4th District

/s/ Denny M. Dobbs Representative, 92nd District

A BILL
To amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to state highway system, so as to change certain provisions relating to the Outdoor Advertising Citizens Advisory Council and its membership, functions, election of officers, rules of operation, meetings, compensation, and expenses; to provide for a Roadside Enhancement and Beautification Council; to change certain provisions relating to authority of the commissioner of transportation to issue permits for trimming and removing trees and vegetation on state rights of way; to provide for legislative findings and declarations; to provide for a roadside enhancement and beautification fund; to change certain provisions relating to application for tree trimming and removal permit and annual renewal, application fees, use of fees, landscape plan, and expenses of trimming; to provide for penalties and remedies for violations; to change certain provisions relating to promulga tion of rules and regulations by the department of transportation; to provide effective dates; to provide for effectiveness of certain provisions on a date certain contingent upon ratification of a constitutional amendment; to provide for automatic repeal of certain pro visions otherwise; to provide for severability; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to state highway system, is amended by striking Code Section 32-6-75.1, relating to the Outdoor Advertising Citizens Advisory Council and its membership, functions, elec tion of officers, rules of operation, meetings, compensation, and expenses, and inserting in lieu thereof the following:
"32-6-75.1.

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(a)(l) The commissioner Governor shall appoint en Outdoor Advertising Citizens Advisory a Roadside Enhancement and Beautification Council composed of seven 12 members. The advisory council shall include the chairman chairperson of the Senate Transportation Committee; the chairman chairperson of the House Transportation Committee; a member from the Georgia Conservancy; a member from the Garden Clubs of Georgia, Inc.; a member of the faculty of the School of Environmental Design at the University of Georgia; a member from the Sierra Club; a member from the Georgia Wildlife Federation; twe four members with business interests the outdoor advertising industry of the Outdoor Advertising Association of Georgia, Inc.; and the director of- the Operations Division deputy commissioner of the Georgia Department of Transportation or the designee thereof. The commissioner shall submit recommen dations to the Governor for purposes of selecting members to the council.
(2) (A) Terms of those members representing the Georgia Conservancy, the Garden Clubs of Georgia, and the School of Environmental Design and of two of those members representing the Outdoor Advertising Association shall expire on January lj 2001, and quadrennially thereafter. Such members may be appointed to succes sive terms. (B) Terms of those members representing the Sierra Club and the Georgia Wildlife Federation and of two of those members representing the Outdoor Advertising Asso ciation shall expire on January 1 2003, and quadrennially thereafter. Such members may be appointed to successive terms. (3) A landscape architect employed by the department and designated by the commis sioner shall serve as an adviser to the council. (b) The advisory council shall aid the commissioner in formulating policies and discuss ing problems related to the administration of this article. In addition, the advisory coun cil shall advise the commissienef en the standards and policies te fee wed fey the deportment in the following specific areas: (1) T-he stady ef whether the trimming of trees and- vegetation eft state rights of- way should be permitted in fremt ef legal and nonconforming outdoor advertising signs; and Review, comment upon, and make recommendations to the commissioner on the standards and policies to be used in the trimming and removal of vegetation on state rights of way in front of legally erected and maintained outdoor advertising signs; (2) If the commissioner; after consultation with the advisory council, determines that saeh trimming sheuM fee permitted, the advisory eettneH shall advise the department
On tliC HiflJillCr fiJtlQ StCtHQflFuS UHQG? WHICH SUCH p6FDU(8 SftOVUu DC JfrftfltCQ By vfi9
Make recommendations to the department regarding standards for vegetation removal and landscape and maintenance plans submitted by permittees including without limi tation the use of viewing zones under Code Section 32-6-75.3; (3) Review the performance of permittees holding current tree and vegetation trim ming permits issued under Code Section 32-6-75.3 for compliance with the require ments of such permits including without limitation the implementation of landscaping plans;
(4) Encourage the contribution of funds from appropriate sources to support roadside enhancement and beautification;
(5) Submit to the commissioner annually not later than 30 days after the date of its fourth quarter meeting a written report of findings based upon its reviews of permit tees' performances and recommendations including without limitation any recommen dations for expenditures for roadside enhancement and beautification; and
(6) Perform such other functions as may be specified for the council by the depart ment.
The council shall have full and complete access to all department records necessary for the performance of its duties.
(c) The advisory council shall meet to elect a chairman and vice chairman chairperson and vice chairperson and to establish the rules governing its operation. The advisory council shall meet at the call of the chairman chairperson and shall meet not less than scmionnually aer mere than 42 times per yea* quarterly.

THURSDAY, MARCH 19, 1998

2651

(d) Each adviaory eeuaeil member councilmember shall be compensated at a rate ef $4-tee per day the same as that rate per day provided by. law for members of the Gen eral Assembly serving on interim committees and shall be reimbursed for any necessary expenses! Any; provided, however, that any full-time state employee on the advisory council shall draw no compensation but shall receive necessary expenses. The commis sioner is authorized to pay such compensation and expenses from department funds. (e) The Outdoor Advertising Citizens Advisory Council formerly provided by this Code section shall stand abolished on January 1^ 1999."
SECTION 2. Said part is further amended by striking Code Section 32-6-75.2, relating to authority of commissioner of transportation to issue permits for trimming trees and vegetation on state rights of way, which reads as follows:
"32-6-75.2.
Notwithstanding any other provisions of this title, the commissioner shall have the authority to issue permits and the annual renewal thereof for the trimming of trees and vegetation on the state's rights of way for the purposes of administering this article.", and by inserting in lieu thereof the following:
"32-6-75.2.
(a) There is established a special fund to be known as the 'Roadside Enhancement and Beautification Fund.' This fund shall consist of all moneys collected under Code Section 32-6-75.3, any appropriations by the General Assembly to the fund, revenues derived from the sale of any special and distinctive wildflower motor vehicle license plates issued as may be otherwise provided by law, any contributions to the fund from any other source, and all interest thereon. All moneys collected under Code Section 32-6-75.3 and manufacturing fees for any special and distinctive wildflower motor vehicle license plates shall be paid into the fund. All balances in the fund shall be deposited in an interestbearing account identifying the fund and shall be carried forward each year so that no part thereof may be deposited in the general treasury. The department shall administer the fund and expend moneys held in the fund in furtherance of roadside enhancement and beautification projects along public roads in this state and administration of the tree and vegetation trimming permit program under Code Section 32-6-75.3. Contribu tions to the fund shall be deemed supplemental to and shall in no way supplant funding that would otherwise be appropriated for these purposes. The department shall prepare, by February 1 of each year, an accounting of the funds received and expended from the fund. The report shall be made available to the members of the State Transportation Board and to members of the public on request."
SECTION 3. Said part is further amended by striking in its entirety Code Section 32-6-75.3, relating to application for tree trimming permit and annual renewal, application fees, use of fees, landscape plan, and expenses of trimming, which reads as follows:
"32-6-75.3.
(a) Application for a tree trimming permit and the annual renewal thereof shall be made upon the forms prescribed and provided by the department and shall contain the signature of the applicant and such other information as may be required by the depart ment's rules and regulations. The applicant shall either:
(1) Attach to the application form a copy of the landscape plan for the area desired to be trimmed and after approval by the department shall trim the area at its own expense; or (2) Request that the department develop a landscape plan and trim the area, and the applicant shall then reimburse the department for the plan and the trimming. (b) An application fee of $25.00 shall accompany the application for each tree trimming permit, and both the application and the fee shall be submitted to the department. There shall be a fee of $25.00 for the annual renewal of the permit. The money received

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JOURNAL OF THE HOUSE,

from these permit fees shall be used to help defray the expenses of administering this Code section, any provisions of Code Section 48-2-17 to the contrary notwithstanding.", and by inserting in lieu thereof the following:
"32-6-75.3.
(a)(l) For purposes of this Code section, the term: (A) 'Removal' or 'removed' means the elimination of trees or other vegetation from a viewing zone. (B) 'Trimming' or 'trimmed' means the pruning of excess limbs or branches from trees or other vegetation which are not removed from a viewing zone. (C) 'Viewing zone' means a continuous 500 foot horizontal distance parallel to a state right of way and adjacent to or otherwise within the line of sight of an outdoor advertising sign.
(2) The General Assembly finds and declares that outdoor advertising provides a sub stantial service and benefit to Georgia and Georgia's citizens as well as the traveling public. Therefore, the General Assembly declares it to be in the public interest that provisions be made for the visibility of outdoor advertising signs legally erected and maintained along the highways in this state to provide information regarding places offering lodging, food, motor vehicle fuels and lubricants, motor service and repairs, or any other services or products available to the general public. Recognizing, however, that the beautification of this state and the health of its environment are absolutely essential and equally as important to the traveling public, the General Assembly finds and declares that these needs must be balanced. (b)(l) So as to promote these objectives and in accordance with the provisions of this Code section, the commissioner shall provide by rule or regulation for the issuance and annual renewal of permits for the trimming and removal of trees and other vege tation on the state rights of way within viewing zones with respect to outdoor adver tising signs legally erected and legally maintained adjacent to said rights of way. Such rules and regulations shall include, without limitation, standards for survival of vege tation trimmed or planted.
(2) So as to ensure that no vegetation maintenance permits are issued for the purpose
of creating new outdoor advertising signs, no owner of outdoor advertising signs erected after January 1, 1999, or such owner's agent, will be eligible to make applica tion for vegetation maintenance for a period of five years from the date a new sign is permitted.
(c) Application for a tree or vegetation trimming or removal permit and the annual renewal thereof shall be made upon the forms prescribed and provided by the depart
ment and shall contain the signature of the applicant and such other information as may be required by the department's rules and regulations. (d) An application fee shall accompany the application for each vegetation maintenance
permit and both the application and fee shall be submitted to the department. There shall be an annual renewal of the permit for activities in the original scope of the per mit. The department shall promulgate rules and regulations setting forth the application
fees and renewal fees. Such application and renewal fees shall be established by the department in reasonable amounts in order to fully recover the costs of administering the vegetation maintenance program.
(e)(l) The department shall evaluate each application for a permit under this Code section and require as a condition of granting any permit under this Code section that the value of the landscaping to be either provided or paid for by the applicant is not
less than the department's appraised value of the benefit to be conferred by the state upon the applicant by allowing the trimming or removing of trees or other vegetation
as requested, which shall be the value of the trees or vegetation to be trimmed or removed; provided, however, that a permit may be granted to an otherwise qualified
applicant in a case where the value of the landscaping to be either provided or paid for by the applicant is less than the department's appraised value of the trees or other vegetation to be trimmed or removed if, in addition, the applicant pays to the depart
ment an amount equal to the amount of the difference between the value of the land scaping to be either provided or paid for by the applicant and the department's
appraised value of the trees or other vegetation to be trimmed or removed.

THURSDAY, MARCH 19, 1998

2653

(2)(A)(i) No trees or vegetation shall be trimmed or removed under this Code sec tion other than within a viewing zone. (ii) No removal of any hardwood tree having a diameter outside bark of more than 8 niches at a height of 6 inches above ground level or any historic or endan gered species tree or any tree planted as part of any local, state, or federal govern ment project shall be permitted under this Code section. (iii) All hardwood trees having a diameter outside bark of 8 inches or less at a height of 6 inches above ground level may be removed from within a viewing zone,
(iv) All nonhardwood trees may be removed from within a viewing zone for a combined total of 250 feet horizontal distance parallel to the right of way. (v) All nonhardwood trees having a diameter outside bark of less than 12 inches at a height of 6 inches above ground level may be removed from within a viewing zone. (vi) Pine trees having a diameter outside bark of 12 inches or more at a height of 6 inches above ground level shall not be removed from a viewing zone in such numbers as to reduce stocking to less than the minimum standard for full stock ing for such trees, as determined by the Georgia Forestry Commission, over an area having a combined total of not less than 250 feet horizontal distance parallel to the right of way. (vii) The provisions of divisions (iv) and (vi) of this subparagraph notwithstand
ing, in the case of any outdoor advertising sign erected on or before the effective date of this Code section and which is less than 35 feet in height as measured from the top of the sign to the ground directly beneath or to the road level, whichever distance results in the best view or the greatest elevation, or which is
subsequently lowered to such a height, the horizontal distance of the area within the viewing zone from which all trees, other than hardwoods having a diameter
outside the bark of more than 8 inches at a height of 6 inches above ground level, may be removed shall be increased to 350 feet. (B) Pruning or trimming of trees under a permit shall conform to industry stan dards as defined by the National Arborist Association, International Society of
Arboriculture or ANSI A300 pruning standards as of January 1, 1999, or such later
edition as may be adopted by rule or regulation of the department. (3) An applicant's record of conduct regarding disturbance of trees or other vegetation on state rights of way shall be considered by the department as part of the evaluation
process for any permit or permit renewal application. (4) Prior to approving any permit application to remove allegedly diseased trees, the department shall verify that such trees are in fact diseased. Such determination shall
be made by the department's landscape architect. (5) A performance bond in an amount adequate for the requirements of the permit
as determined by the department shall be required of each permittee. (f)(l) No trees or other vegetation on state rights of way shall be trimmed, killed, or removed by any person other than in accordance with a permit issued under this Code
section by any person other than the department or an authorized agent or contractor thereof.
(2) No outdoor advertising sign to which a permit under this Code section is applica ble shall be unused for advertising for a period of six consecutive months or more.
(3) On and after July 1, 1999, no outdoor advertising sign to which a permit under this Code section is applicable shall be maintained in such a condition of disrepair as to be unusable for advertising.
(4) (A) In cases where the department has reasonable cause to believe that a viola tion of this subsection has been committed by any person, the procedures provided
under Code Section 32-6-95 shall apply the same as in cases wherein the depart ment believes that a sign is being maintained in violation of this part. (B) Following notice, hearing, and a finding that a person has committed a violation
of paragraph (1) of this subsection, a civil fine of not less than $10,000.00 nor more than $20,000.00, and restitution in an amount equal to the appraised value of the
trees or vegetation, or both, which were unlawfully trimmed or removed, shall be imposed on such person.

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(C) Following notice, hearing, and a finding that a permittee under this Code sec tion has committed a violation of paragraph (2) of this subsection, an order direct ing the removal of such unused sign, at the expense of the permittee, shall be issued. (D) Following notice, hearing, and a finding that a permittee under this Code sec tion has committed a violation of paragraph (3) of this subsection, an order direct ing the removal of such unusable sign shall be issued. (E) The department or its authorized agents shall be authorized to enter upon pri vate lands and disassemble and remove signs without civil or criminal liability therefor pursuant to an order issued in accordance with this paragraph and as pro vided by Code Section 32-6-96 for disassembly and removal of illegal outdoor adver tising signs/'
SECTION 4. Said part is further amended by striking Code Section 32-6-90, relating to promulgation of rules and regulations by the department of transportation, and inserting in lieu thereof the following:
"32-6-90.
The department is authorized to promulgate rules and regulations governing the issu ance and revocation of permits for the erection and maintenance of outdoor advertising which is authorized by Code Sections 32-6-72 and 32-6-73 and which is not prohibited by this part. The department is further authorized to promulgate rules and regulations governing the issuance, revocation, and renewal of permits for the trimming of trees and vegetation on the state's rights of way authorized by and in accordance with Code Sec tion 32-6-76.2 32-6-75.3. Such rules and regulations shall be consistent with the safety and welfare of the traveling public, and as may be necessary to carry out the policy of the state declared in this part, and consistent with the purposes of the Highway Beautification Act of 1965, Public Law 89-285, as amended, and contained in Title 23, United States Code. The department is further authorized to promulgate such rules and regula tions as are necessary to carry out this part."
SECTION 5. The provisions of Section 2 of this Act shall become effective on January 1, 1999, upon the ratification of a resolution at the November 1998 state-wide election which amends the Constitution so as to authorize the General Assembly to provide by general law for a road side enhancement and beautification fund from which funds shall be disbursed for enhancement and beautification of public rights of way, for allocation of revenue from tree and vegetation trimming permit fees and additional assessments thereto to such fund, for nonlapsing of moneys paid into such fund, and that such Act may originate in the Senate. If such a resolution is not so ratified, Section 2 of this Act shall not become effective and shall stand repealed on January 1, 1999; but all other provisions of this Act shall become effective upon approval of this Act by the Governor or upon its become law without such approval.
SECTION 6. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

Pursuant to Rule 134, Representatives Hudgens of the 24th and Lewis of the 14th were excused from voting on SB 337.

THURSDAY, MARCH 19, 1998

2655

Representative Channel! of the lllth moved that the House adopt the report of the Committee of Conference on SB 337.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Andenon YAihe 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 EBuck Y Buckner NBunn 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 Cununings Y Davis, G Y Davis, M YDay Y DeLoach, B
YDeLoach, G YDix YDiion
YDobbs Y Dukes YEhrhart YEppa 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 YHeckstall YHegstrom YHenson Y Holland Y Hoboes Y Houston Y Howard
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
Lakly YLane YLee
Lewis YLord Y Lucas Y 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 Y Perry Y Pinholster YPoag YPolak
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 Y Scarlett
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
Stancil, F Y Stand], S Y Stanley, L Y Stanley, P
Stephens Y Taylor
Teague YTeper Y Thomas YTQlman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L
Y Watson YWest
Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

On the motion, the ayes were 164, nays 1. The motion prevailed.

Representative Westmoreland of the 104th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 318. By Senator Thomas of the 10th:
A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Anno tated, relating to the powers of municipal corporations generally, so as to authorize each municipal corporation to enter into leases and contracts with private persons for the operation and maintenance of its water system or sewer system or both.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 318

The Committee of Conference on SB 318 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 318 be adopted.

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FOR THE SENATE:
M Nadine Thomas Senator, 10th District
/s/ Eddie Madden Senator, 47th District
/s/ Hugh M. Gillis Senator, 20th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ A. Richard Royal Representative, 164th District
/s/ LaNett L. Stanley Representative, 50th District
/s/ Thomas E. Shanahan Representative, 10th District

A BILL
To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations generally, so as to authorize each county and municipal corporation to enter into leases and contracts with private persons for the operation and maintenance of its waste water treatment system, water system, sewer system, or any combination of such systems; 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 applicable to counties and municipal corporations generally, is amended by adding immediately following Code Section 36-60-15 a new Code Section 36-60-15.1 to read as fol lows:
"36-60-15.1. Notwithstanding any provision of law to the contrary, any county or municipal corpora tion of this state is authorized, in the discretion of its governing authority, to enter into valid and binding leases and contracts with private persons, firms, associations, or corpo rations for any period of time not to exceed 40 years to provide for the operation and maintenance of all or a portion of its waste water treatment system, water system, sewer system, or any combination of such systems."
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 Shanahan of the 10th moved that the House adopt the report of the Committee of Conference on SB 318.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Andersen N Ashe N Bailey N Bannister N Barfoot N Barnard NBarnes N Bates YBenefield NBirdsong NBohannon N Bordeaux N Bradford

N Breedlove Y Bridges N Brooks N Brown E Buck N Buckner N Bunn N Burkhalter N Byrd N Campbell Y Canty N Cash
Channel! Y Childers

N Clark N Coan N Coleman, B
Coleman, T Y Connell
Cooper N Crawford N Crews N Culbreth Y Cummings Y Davis, G N Davis, M N Day N DeLoach, B

N DeLoach, G N Dii N Diion N Dobbs N Dukes N Ehrhart N Epps N Evans N Everett N Felton N Floyd N Franklin N Golden N Graves

Greene N Grindley N Hammontree Y Hanner N Harbin Y Heard N Hecht Y Heckstall N Heggtrom
Henson N Holland Y Holmes N Houston N Howard

THURSDAY, MARCH 19, 1998

2657

NHudgem Y Hudson, H N Hudson, N NHugley NIrvin N Jackson Y James
Jamieson NJenkins
Johnson NJohnston N Jones N Joyce NKaye NLadd NLakly NLane YLee Y Lewis NLord
Lucas NMaddox

N Mann N Manning Y Martin, J N Martin, J.L NMassey N McBee Y McCaU N McClinton N McKinney N Mills N Mobley N Mosley N Mueller N O'Neal Y Orrock
Parham Parrish N Parsons YPelote Perry N Pinhokter N Poag

N Polak N Ponder N Porter N Powell N PurceU Y Ragu Y RandaU N Ray Y Reaves Y Reichert N Rice N Richardson N Roberts N Rogers Y Royal N Sanders N Saucer N Scarlett N Scheid N Scott Y Shanahan N Shaw

N Sherrill N Shipp N 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 N Smyre N SneUing
Snow Y Stalling*
Stancil, F N Stancil, S Y Stanley, L Y Stanley, P N Stephens N Taylor

Y Teague N Taper N Thomas Y Tillman N Titus N Tolbert N Trense Y Turnquest N Twiggs Y Walker, L N Walker, RL Y Watson N West N Westmoreland N Whitaker N Wiles N Williams, B N Williams, J N Williams, R N Worthan N Yates
Murphy, Spkr

On the motion, the ayes were 37, nays 128.
The motion was lost and the report of the Committee of Conference on SB 318 was rejected.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

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 following Senate substitute was read:

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 certain provisions relating to construction and maintenance of municipal street systems, acquisition of labor, and notification of depart ment about new streets and abandoned streets; to change certain provisions relating to weight of vehicle and load; to change certain provisions relating to enforcement of load limitations; to change certain provisions relating to uniform regulations governing erection and maintenance of traffic control devices and placement, removal, defacement, damaging, or sale of devices; to authorize counties and municipalities to seek injunctions and dam ages, including attorney's fees, for a railroad's violating its duty to permit passage at cer tain railroad crossings; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and fer ries, is amended by striking paragraph (3) of Code Section 32-4-41, relating to duties of a county with respect to its county road system, and inserting in lieu thereof the following:

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"(3) A county shall inspect and determine the maximum load, weight, and other vehicular dimensions which can be safely transported over each bridge on the county road system and shall post on each bridge and on each approach thereto on the county road a sign containing a legible notice showing such maximum safe limits, each such sign to conform to the department regulations promulgated under authority of Code Section 32-6-50. However, the department is authorized to give technical assist ance to counties, when so requested, in carrying out this paragraph. It shall be unlaw ful for any person to haul, drive, or bring on any bridge any vehicle, load, or weight which in any manner exceeds the maximum limits so ascertained and posted on such bridge; and any person hauling, driving, or otherwise bringing on such bridge any load or weight exceeding the maximum limits so ascertained and posted shall do so at his own risk; and the county shall not be liable for any damages to persons or property that may result therefrom;"
SECTION 2. Said title is further amended by adding a new subsection (a.l) to Code Section 32-4-91, relating to construction and maintenance of municipal street systems, acquisition of labor, and notification of department about new streets and abandoned streets, to read as fol lows:
"(a.l) A municipality shall post on each bridge on the municipal street system and on each approach thereto on the municipal street a sign containing a legible notice showing the maximum safe weight limit for such bridge, each such sign to conform to the depart ment regulations promulgated under authority of Code Section 32-6-50."
SECTION 3. Said title is further amended by striking subsection (f) of Code Section 32-6-26, relating to weight of vehicle and load, and inserting in lieu thereof the following:
"(f) On any public road of a county road system, the maximum total gross weight of a vehicle and load shall not exceed 56,000 pounds unless the vehicle is making a pickup or delivery on such road] except that if a county road is constructed to the same stan dards as those highways of this state which are national highways and is authorized as a designated local truck route pursuant to official resolution of the county and approval of the commissioner, the maximum weight limits for such designated local truck route shall be the same as those for highways in this state which are not national highways as provided by paragraph (1) of subsection (c) of this Code section, but this exception shall not apply to any portion of a county road system which lies within the corporate limits of a municipality unless such application of the exception has been approved by. resolution of the governing authority of such municipality and approval of the commis sioner."
SECTION 4. Said title is further amended by adding a new subsection (a.l) to Code Section 32-6-27, relating to enforcement of load limitations, to read as follows:
"(a.l)(l)(A) The department is authorized to issue a citation to the owner or opera tor of any vehicle in violation of a maximum weight limit on a county road which is a designated local truck route under subsection (f) of Code Section 32-6-26 and for which signs have been placed and maintained as required under paragraph (2) of subsection (c) of Code Section 32-6-50. (B) The department is authorized to issue a warning to the owner or operator of any vehicle in violation of a maximum weight limit on a county road which is a des ignated local truck route under subsection (f) of Code Section 32-6-26 but for which signs have not been placed or maintained as required under paragraph (2) of subsec tion (c) of Code Section 32-6-50 upon the first such violation and to issue a citation to such owner or operator for a subsequent such violation. (2) (A) The department is authorized to issue a citation to the owner or operator of any vehicle in violation of a maximum weight limit on a bridge for which signs have been placed and maintained as required under paragraph (3) of Code Section 32-4-41 or subsection (a.l) of Code Section 32-4-91.

THURSDAY, MARCH 19, 1998

2659

(B) The department is authorized to issue a warning to the owner or operator of any vehicle in violation of a maximum weight limit on a bridge but for which signs have not been placed or maintained as required under paragraph (3) of Code Sec tion 32-4-41 or subsection (a.l) of Code Section 32-4-91 upon the first such violation and to issue a citation to such owner or operator for a subsequent such violation."
SECTION 5. Said title is further amended by striking subsection (c) of Code Section 32-6-50, relating to uniform regulations governing erection and maintenance of traffic control devices and placement, removal, defacement, damaging, or sale of devices, and inserting in lieu thereof the following:
"(c) In conformity with the uniform regulations of the department?; (1) Counties counties and municipalities shall place and maintain upon the public roads of their respective public road systems such traffic-control devices as are neces sary to regulate, warn, or guide traffic except that counties and municipalities also shall erect and maintain a sign for each railroad crossing at grade on their respective county road or municipal street systems, warning motorists of such crossing. Further more, each railroad company shall erect and maintain a railroad crossbuck sign on its right of way at all such crossings] and (2) Counties, on their respective road systems, shall place and maintain on each county road which is authorized as a designated local truck route, pursuant to official resolution of the county and approval of the commissioner, at each intersection of such road with a state highway signs identifying such county road as a designated local truck route and giving notice of the maximum weight limits for such designated local truck route in accordance with subsection (f) of Code Section 32-6-26."
SECTION 5A. Said title is further amended by designating the existing provisions of Code Section 32-6-190, relating to the duty of railroads to maintain crossings, as subsection (a) thereof and by adding a new subsection (b) to read as follows:
"(b) The county or municipality in which is located a grade crossing subject to subsec tion (a) of this Code section shall have a cause of action for damages for the railroad's failure or refusal to permit the safe and convenient passage of public traffic at such crossing, including reasonable attorney's fees, and may also seek an injunction to pro hibit the railroad's continuing failure or refusal to permit such passage."
SECTION 5B. This section and Section 5A of this Act shall become effective upon their approval by the Governor or upon their becoming law without such approval. All other sections of this Act shall become effective on July 1,1998.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Manning of the 32nd moved that the House disagree to the Senate substitute to HB 1470.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

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.

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The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1352

The Committee of Conference on HB 1352 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1352 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Billy Ray Senator, 48th District

/s/ Lane Representative, 146th District

/s/ Hugh Gillis, Sr. Senator, 20th District

/s/ Shaw Representative, 176th District

/s/ Rooney Bowen Senator, 13th District

/s/ Ann R. Purcell Representative, 147th District

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 H fresh water in 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,

THURSDAY, MARCH 19, 1998

2661

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 this subsection and- 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
QCpfuUuCUlT TT jTCfSOn xxQt fit roSlQcllv Or OCOV1& WOO 18 1116 OWWCf 'Ox "tn ICflS* OU CUJF6S
ef tend m this state; ami the immediate femfly ef atteh person, may hunt en that land without purchasing a hunting license if the nonresident landowner has filed with the deportment aa affidavit, en a form provided by fee department, specifying the members ef- the nonresident's immediate family who ate authorized te hunt en- said- land- and including a certified eepy ef- the deed to stteb land. (d) Notwithstanding the provisions of subsections (b) and (c) of this Code section, no license shall be required to fish with permission of the owner from noncommercial premises not open to the public, including docks and foreshores of such premises, or at a facility or on a charter boat licensed pursuant to the provisions of Code Section 27-2-23.2."
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:
"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 seen bonded license agent shall 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 fepert reports to the department, which report reports shall be dtte ne later than the tenth day ef the month following the sale 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 fer aH licenses issued to him whenever requested te de se by the depart-
(4) Send te the department completed stttvey labels frem each sheet ef licenses sold; {fe)(3) Receive for himself or herself no more than 60$ 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 telephone 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 dur ing the transaction; provided, however, that a telephone agent shall not receive any additional fee per license sold during a telephone transaction; provided, further, that

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JOURNAL OF THE HOUSE,

the sale of one or more licenses to one applicant during one telephone call shall con stitute a single transaction; and (6) Return te the department att aaseW licenses within 39 days after the expiration ef 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 eaah aeease agent shafl; (1) Remit te fee deportment, advance, the net eest ef- any licenses ordered tor aatet (2) Account fer aH licenses issued te him whenever requested te de se by the depart-
(3) Send te fee department completed survey labels freeaeh sheet ef licenses seM;
\4J KGCGIVG xOF JlUIlBGzr ttO IBOFG tttflR OU* tGt CftCfl 11CCH9C 199UCQ] 6XCCpl IQlf
CiGDc OUDUD 11CCQ898 AQQ DODFCSluCIlt Dl &lfi& 11C6H9C9) IOF WHlCfl WIG
receive $j^36 for each license issued; and (6) Return te the deportment att oaseld- licenses wtthia 80 days- after the expiration
Or SUCu 11CCI18CS nxx UHSOlCt 11CCH8C9 FCtUMieCr Will DO CF6ulTCu Dy tttc QCpdrronullt IO*
new licenses er refunds will fee made te theagentr 4e)(d) Prior to selling any license, except for a license sold over the telephone by an approved; beaded telephone license agent, each beaded license agent aad each cash lieease 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 beaded er eaah 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. teKb) 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

THURSDAY, MARCH 19, 1998

2663

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; stamp, 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. {cKd) All licenses, stamps, or permits for noncommercial hunting and fishing privileges must be attached to a license ea*d 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 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- sock person signed across 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- Code Section 27-2-1 aaa been filed with the deportment, it shaH net fee unlawful for nonresident whe

2664

JOURNAL OF THE HOUSE,

nat big game en the tend- without purchasing ft 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 tine affidavit required fey aubacc-
AI1uUmI1 f\\~f)\ O-Tf fU^U~UJl-* QLH-A-J* l.iIlU--Z--l oZ*>7I "oZj"Lt Tll-l-- liS 1U-t--'L--'ll m UlL-iJU TWlr:11j*.1l,1 ll1ll.^* UA l./-^nJnUlplt>ullm ltnlllt<, TitT m ahannll *liHu*kL T1f-tS-
uniawiux tot tt nonpcsictcnc wflo owns tn icasT vw acres er lanu MI mi3 BLELIG, and Tne immediate family ef the nonresident, to htmt ducks, 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 card eawie* or other evidence of participation while hunting migratory birds; provided, ttowcvct} \tRQ.\i ftnyoRc wfto purer!S9GS ft sportsnifln 9 license need not possess "ft (_ cor^ici migratory fed stamp while hunting migratory game feiwls."

SECTION 9. Said title is further amended by striking in its entirety Code Section 27-2-23, relating to license, permit, and stomp 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

THURSDAY, MARCH 19, 1998

(H) Nonresident big game license
(I) Nonresident shooting preserve hunting license
(J) Commercial fox hunting preserve license
(K) Commercial fox breeder license
(L) Waterfowl stamp license valid for residents and nonresidents
(M) Georgia migratory bird stamp license
(N) Resident archery and firearms combination all weapons hunting license
(O) Resident primitive weapons license
(P) Nonresident primitive weapons license
(2) Resident hunting/fishing license
(3) Resident sportsman's license
(4) Frcah water Recreational fishing licenses:
(A) Resident fishing license
(B) Nonresident fishing license
(C) Nonresident fishing license
(D) Fishing license, valid for residents and nonresidents
(E) Resident trout license
(F) Nonresident trout stamp license
(5) Trapping licenses:
(A) Resident commercial trapping license
(B) Nonresident commercial trapping license
(6) Commercial fishing licenses:

Season Season Season Season
Season Season
Season Season Season Season Season
Season Season Seven-day
One-day Season Season
Annual Annual

2665 118.00 12.00 60.00 60.00
5.50 Free
26.00 8.00 25.00
**x>mx>
60.00
9.00 24.00 7.00
3.50 5.00 13.00
30.00 295.00

2666

JOURNAL OF THE HOUSE,

(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

K the commisoioncr determines that any of the States ef- Alabama; Florida, North Carolina, Settth Carolina, and Tennessee has a nonresident commercial fishing license fee which substantially exceeds the comparable fee which Georgia charges a citizen ef feat contiguous state? then fee commissioner, notwithstanding the fee specified by this subparag*aph7 shati he authorized te increase the nonresident commercial fishing license fee; as applied te citizens f that contiguous state, -to an amount -eqaal -to -the fee a Georgia citizen is required te pay te fish commercially in 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

(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

THURSDAY, MARCH 19, 1998

2667

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 sport bait

ahrimping license

g AQ

(W) Nonfcaidcnt apart batt shrimping license

75.00

(9) The board is authorized to provide by rule for a fee not to exceed $19.00 for resi dent daily, seasonal, or annual use permits, licenses, or stamps to hunt and fish on or otherwise 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 paragraph."

SECTION 10. Said title is further amended by adding after Code Section 27-2-23.1, relating to raccoon fur seller's license, a new Code Section 27-2-23.2 to read as follows:

"27-2-23.2.
(a) Any United States Coast Guard licensed captain operating a charter fishing vessel and any person operating a hotel or motel having a fishing pier or piers may purchase one fishing license pursuant to the provisions of this Code section covering all persons fishing from such vessel or pier. (b) Fees for charter fishing and pier licenses shall be $400.00 per year for each vessel and $400.00 per year for all piers operated by any one hotel or motel. (c) Each operator of a charter fishing vessel or pier licensed pursuant to this Code sec tion shall maintain at all times a log book showing the names of persons accommodated under the vessel or pier fishing license each day and such other information as may be required by the department. (d) Each person required to maintain records pursuant to the provisions of subsection (c) of this Code section shall report such information at such times and in such manner as the board provides by rule or regulation."

SECTION 11. 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.

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JOURNAL OF THE HOUSE,

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 aad compound bewa for hunting -deer are permitted -enty daring the Jegafag
compound feews have minimum pH ef 40 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 in 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 12. 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 or while hunting with a muzzleloading firearm during a primitive weapons season for deer."

THURSDAY, MARCH 19, 1998

2669

SECTION 13. 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 their 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 14. 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 stomp 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 15. 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 16. 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 17. All laws and parts of laws in conflict with this Act are repealed.

Representative Lane of the 146th moved that the House adopt the report of the Com mittee of Conference on HB 1352.

2670

JOURNAL OF THE HOUSE,

On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Andersen YAshe Y Bailey Y Bannister YBarfoot N Barnard YBarnes Y Bates Y Benefield
Biidsong N BohAnnon Y Bordeaux N Bradford YBnedlove Y Bridges Y Brooks N Brown EBuck YBuckner N Bunn N Burkhalter YByrd Y Campbell Y Canty NCash
Channel] YChildera Y Clark NCoan YColeman, B
Coleman, T YConnell Y Cooper Y Crawford
Y Crews

Y Culbreth Y Cumminga
Y Davis, G N Davis, M NDay N DeLoach, B
Y DeLoach, G NDii NDizon
Dobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton YFloyd N Franklin
Y Golden Y Graves
Greene N Grindley YHammontree Y Manner Y Harbin
Y Heard YHecht YHeckstall YHegstrom YHenson Y Holland
Y Holmes Y Houston
Howard Y Hudgens
Hudson, H

Y Hudson, N YHugley Ylrvin
Jackson Y James
Jamieson YJenkins
Johnson Y Johnston
Jones N Joyce NKaye NLadd NLakly YLane YLee N Lewis YLord Y Lucas Y Maddox NMann
Y Manning
Y Martin, J Y Martin, J.L YMassey YMcBee YMcCaU Y McClinton Y McKinney N Mills Y Mobley YMosley Y Mueller YCTNeal YOrrock YParham

On the motion, the ayes were 123, nays 39. The motion prevailed.

YParrish Y Parsons YPelote Y Perry N Pinholster YPoag YPolak Y Ponder
Y Porter Y Powell YPurceU
YRagae YRandall
YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal
N Sanders Sauder
N Scarlett NScheid Y Scott Y Shanahan YShaw YSherriU YShipp NSims 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 NSnefflng
Snow YStallings
Stancil, F N Stancil,S Y Stanley, L Y Stanley, P Y Stephens Y Taylor NTeague YTeper N Thomas NTilhnan Y Titus Y Tolbert YTrense
Turnquest YTwiggs Y Walker, L N Walker, R.L Y Watson YWest Y Westmorland YWhitaker N Wiles Y Williams, B
Williams, J Y Williams, R YWorthan NYates
Murphy, Spin-

The following Bill of the House was taken up for the purpose of considering the report of the second Committee of Conference thereon:

HB 233. By Representatives Heard of the 89th, McBee of the 88th, Sherrill of the 62nd and Hugley of the 133rd:
A bill to amend Code Section 33-1-9 of the Official Code of Georgia Anno tated, relating to insurance fraud, so as to provide for increased penalties for felony insurance fraud committed against persons 60 years of age or older.

The following report of the second Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 233

The Committee of Conference on HB 233 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 233 be adopted.
Respectfully submitted,

THURSDAY, MARCH 19, 1998

2671

FOR THE SENATE:
M Steve Langford Senator, 29th District
M Ed Harbison Senator, 15th District
/s/ Joey Brush, Jr. Senator, 24th District

FOR THE HOUSE OF REPRESENTATIVES:
/a/ Keith Heard Representative, 89th District
M Williams Representative, 114th District
/s/ Jimmy Lord Representative, 121st District

A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for increased penalties for felony insurance fraud; to provide for applicability; to change certain provisions relating to rules and regulations; to change certain provisions relating to service of process upon insurance companies which issued uninsured motorist policies; to provide for discovery; to provide for applicability; to change certain provisions relating to group accident and sickness contracts and conversion privilege and continuation right provisions; to change certain provisions relating to the provisions in health insurance policies for coverage of newly born or adopted children; to change certain provisions relat ing to women's access to health care, health insurance, and required provisions disclosing an insured's right to direct access to obstetricians and gynecologists; to change certain pro visions relating to the definitions of group accident and sickness insurance and association; to change certain provisions relating to required insurance policy provisions; to change cer tain provisions relating to rules and regulations relative to individual health insurance cov erage availability and assignment systems and compensation to licensed insurance agents; to change certain provisions relating to continuation of similar health insurance coverage, preexisting conditions, and procedures and guidelines; to change certain provisions relating to filing of rates and forms and optional coverage; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking in its entirety subsection (c) of Code Section 33-1-9, relating to insurance fraud, which reads as follows:
"(c)(l) Except as provided in paragraph (2) of this subsection, a person convicted of a violation of subsection (a) of this Code section shall be guilty of a misdemeanor. (2) Where the claim, benefit, or money referred to in subsection (a) of this Code sec tion exceeds an aggregate of $500.00, a person convicted of a violation of subsection (a) of this Code section shall be guilty of a felony and shall be punished by imprison ment for not less than one nor more than five years, or by a fine of not more than $5,000.00, or both.", and inserting in lieu thereof a new subsection (c) to read as follows: "(c) A person convicted of a violation of subsection (a) of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than two nor more than ten years, or by a fine of not more than $10,000.00, or both."
SECTION 2. Said title is further amended by adding to Code Section 33-2-9, relating to rules and regu lations, a new subsection (e) to read as follows:
"(e) Neither the Commissioner, whether acting as Commissioner of Insurance or Safety Fire Commissioner, nor the department, nor the Safety Fire Division of the office of the Commissioner shall propose or adopt rules or regulations relating to the sale or dispens ing of gasoline or diesel fuel to the general public by any business entity unless such rules or regulations require such sale or dispensing to be under the direct control and visual supervision of an on-site employee of such business entity."

2672

JOURNAL OF THE HOUSE,

SECTION 3. Said title is further amended by striking subsection (d) of Code Section 33-7-11, relating to coverage of claims against uninsured motorists, and inserting in lieu thereof the follow ing:
"(d) In cases where the owner or operator of any vehicle causing injury or damages is known, and either or both are named as defendants in any action for such injury or damages^ and a reasonable belief exists that the vehicle is an uninsured motor vehicle under subparagraph (b)(l)(D) of this Code section, a copy of the action and all plead ings thereto shall be served as prescribed by law upon the insurance company issuing the policy as though the insurance company were actually named as a party defendant. If facts arise after an action has been commenced which create a reasonable belief that a vehicle is an uninsured motor vehicle under subparagraph (b)(l)(D) of this Code sec tion and no such reasonable belief existed prior to the commencement of the action against the defendant, and the complaint was timely served on the defendant, the insur ance company issuing the policy shall be served within either the remainder of the time allowed for valid service on the defendant or 90 days after the date on which the party seeking relief discovered, or in the exercise of due diligence should have discovered, that the vehicle was uninsured or underinsured, whichever period is greater. The uninsured motorist carrier may conduct discovery as a matter of right for a period of not less than 120 days after service prior to any hearing on the merits of the action. If either the owner or operator of any vehicle causing injury or damages is unknown, an action may be instituted against the unknown defendant as 'John Doe,' and a copy of the action and all pleadings thereto shall be served as prescribed by law upon the insurance com pany issuing the policy as though the insurance company were actually named as a party defendant; and the insurance company shall have the right to file pleadings and take other action allowable by law in the name of 'John Doe' or itself. In any case arising under this Code section where service upon an insurance company is prescribed, the clerk of the court in which the action is brought shall have seme such service accom plished by issuing a duplicate original copy for the sheriff or marshal to place his or her return of service in the same form and manner as prescribed by law for a party defend ant. The return of service upon the insurance company shall in no case appear upon the original pleadings in such case. In the case of a known owner or operator of such vehicle, either or both of whom are named as a defendant in such action, the insurance company issuing the policy shall have the right to file pleadings and take other action allowable by law in the name of either the known owner or operator or both or itself.
(1) In cases where the owner or operator of a vehicle causing injury or damages is unknown and an action is instituted against the unknown defendant as 'John Doe,' the residence of such 'John Doe' defendant shall be presumed to be in the county in which the accident causing injury or damages occurred, or in the county of residence of the plaintiff, at the election of the plaintiff in the action. (2) A motor vehicle shall not be deemed to be an uninsured motor vehicle within the meaning of this Code section when the owner or operator of such motor vehicle has deposited security, pursuant to Code Section 40-9-32, in the amount of $15,000.00 where only one person was injured or killed, $30,000.00 where more than one, or $10,000.00 for property damage."
SECTION 4. Said title is further amended by striking Code Section 33-24-21.1, relating to group acci dent and sickness contracts and conversion privilege and continuation right provisions, and inserting in lieu thereof the following:
"33-24-21.1.
(a) As used in this Code section, the term: (1) 'Creditable coverage' under another health benefit plan means medical expense coverage with no greater than a 63 90 day gap in coverage under any of the following: (A) Medicare or Medicaid; (B) An employer based accident and sickness insurance or health benefit arrange ment;

THURSDAY, MARCH 19, 1998

2673

(C) An individual accident and sickness insurance policy, including coverage issued by a health maintenance organization, nonprofit hospital or nonprofit medical ser vice corporation, health care corporation, or fraternal benefit society; (D) A spouse's benefits or coverage under medicare or Medicaid or an employer based health insurance or health benefit arrangement;
(E) A conversion policy; (F) A franchise policy issued on an individual basis to a member of a true associa tion as defined in subsection (b) of Code Section 33-30-1; (G) A health plan formed pursuant to 10 U.S.C. Chapter 55; (H) A health plan provided through the Indian Health Service or a tribal organiza tion program or both;
(I) A state health benefits risk pool; (J) A health plan formed pursuant to 5 U.S.C. Chapter 89; (K) A public health plan; or (L) A Peace Corps Act health benefit plan. (2) 'Eligible dependent' means a person who is entitled to medical benefits coverage under a group contract or group plan by reason of such person's dependency on or relationship to a group member. (3) 'Group contract or group plan' is synonymous with the term 'contract or plan' and means: (A) A group contract of the type issued by a nonprofit medical service corporation established under Chapter 18 of this title; (B) A group contract of the type issued by a nonprofit hospital service corporation established under Chapter 19 of this title; (C) A group contract of the type issued by a health care plan established under Chapter 20 of this title; (D) A group contract of the type issued by a health maintenance organization established under Chapter 21 of this title; or (E) A group accident and sickness insurance policy or contract, as defined in Chap
ter 30 of this title. (4) 'Group member' means a person who has been a member of the group for at least six months and who is entitled to medical benefits coverage under a group contract
or group plan and who is an insured, certificate holder, or subscriber under the con tract or plan. (5) 'Insurer' means an insurance company, health care corporation, nonprofit hospital
service corporation, medical service nonprofit corporation, health care plan, or health maintenance organization.
(6) 'Qualifying eligible individual' means: (A) A Georgia domiciliary, for whom, as of the date on which the individual seeks coverage under this Code section, the aggregate of the periods of creditable coverage
is 18 months or more; and (B) Who is not eligible for coverage under any of the following:
(i) A group health plan, including continuation rights under this Code section or
the federal Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA); (ii) Part A or Part B of Title XVIII of the federal Social Security Act; or
(iii) The state plan under Title XIX of the federal Social Security Act or any suc cessor program.
(b) Each group contract or group plan delivered or issued for delivery in this state, other than a group accident and sickness insurance policy, contract, or plan issued in connection with an extension of credit, which provides hospital, surgical, or major medi cal coverage, or any combination of these coverages, on an expense incurred or service
basis, excluding contracts and plans which provide benefits for specific diseases or acci dental injuries only, shall provide that members and qualifying eligible individuals
whose insurance under the group contract or plan would otherwise terminate shall be entitled to continue their hospital, surgical, and major medical insurance coverage under that group contract or plan for themselves and their eligible dependents.
(c) Any group member or qualifying eligible individual whose coverage has been termi nated and who has been continuously covered under the group contract or group plan,

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and under any contract or plan providing similar benefits which it replaces, for at least six months immediately prior to such termination, shall be entitled to have his or her coverage and the coverage of his or her eligible dependents continued under the contract or plan. Such coverage must continue for the fractional policy month remaining, if any, at termination plus three additional policy months upon payment of the premium by cash, certified check, or money order, at the option of the employer, to the policyholder or employer, at the same rate for active group members set forth in the contract or plan, on a monthly basis in advance as such premium becomes due during this coverage period. Such premium payment must include any portion of the premium paid by a former employer or other person if such employer or other person no longer contributes premium payments for this coverage. At the end of such period, the group member shall have the same conversion rights that were available on the date of termination of cover age in accordance with the conversion privileges contained in the group contract or group plan.
(d)(l) A group member shall not be entitled to have coverage continued if: (A) termi nation of coverage occurred because the employment of the group member was termi nated for cause; (B) termination of coverage occurred because the group member failed to pay any required contribution; or (C) any discontinued group coverage is immediately replaced by similar group coverage including coverage under a health benefits plan as defined in the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq. Further, a group member shall not be entitled to have coverage continued if the group contract or group plan was terminated in its entirety or was terminated with respect to a class to which the group member belonged. This subsection shall not affect conversion rights available to a qualifying eligible individual under any contract or plan. (2) A qualifying eligible individual shall not be entitled to have coverage continued if the most recent creditable coverage within the coverage period was terminated based on one of the following factors: (A) failure of the qualifying eligible individual to pay premiums or contributions in accordance with the terms of the health insurance cover age or failure of the issuer to receive timely premium payments; (B) the qualifying eli gible individual has performed an act or practice that constitutes fraud or made an intentional misrepresentation of material fact under the terms of coverage; or (C) any discontinued group coverage is immediately replaced by similar group coverage includ ing coverage under a health benefits plan as defined in the federal Employee Retire ment Income Security Act of 1974, 29 U.S.C. Section 1001, et seq. This subsection shall not affect conversion rights available to a group member under any contract or plan.
(e) If the group contract or group plan terminates while any group member or qualify ing eligible individual is covered or whose coverage is being continued, the group admin istrator, as prescribed by the insurer, must notify each such group member or qualifying eligible individual that he or she must exercise his or her conversion rights within:
(1) Thirty days of such notice for group members who are not qualifying eligible indi viduals; or
(2) Sixty-two Sixty-three days of such notice for qualifying eligible individuals.
(f) Every group contract or group plan, other than a group accident and sickness insur ance policy, contract, or plan issued in connection with an extension of credit, which provides hospital, surgical, or major medical expense insurance, or any combination of these coverages, on an expense incurred or service basis, excluding policies which provide benefits for specific diseases or for accidental injuries only, shall contain a conversion privilege provision.
(g) Eligibility for the converted policies or contracts shall be as follows:
(1) Any qualifying eligible individual whose insurance and its corresponding eligibility under the group policy, including any continuation available, elected, and exhausted under this Code section or the federal Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA), has been terminated for any reason other than fraud or failure of the qualifying eligible individual to pay a required premium contribution and who has at least 18 months of creditable coverage immediately prior to termination with

THURSDAY, MARCH 19, 1998

2675

e greater than a 63 day gap ift coverage, shall be entitled, without evidence of insur ability, to convert to individual or group based coverage covering such qualifying eligi ble individual and any eligible dependents who were covered under the qualifying eligible individual's coverage under the group contract or group plan. The insurer must offer qualifying eligible individuals at least two distinct conversion options from which to choose. One such choice of coverage shall be comparable to comprehensive health insurance coverage offered in the individual market in this state or comparable to a standard option of coverage available under the group or individual health insur ance laws of this state. The other choice may be more limited in nature but must also qualify as creditable coverage. Each coverage shall be filed, together with applicable rates, for approval by the Commissioner. Such choices shall be known as the 'Enhanced Conversion Options';
(2) Premiums for the enhanced conversion options for all qualifying eligible individu als shall be determined in accordance with the following provisions:
(A) Solely for purposes of this subsection, the claims experience produced by all groups covered under comprehensive major medical or hospitalization accident and sickness insurance for each insurer shall be fully pooled to determine the group pool
rate. Except to the extent that the claims experience of an individual group affects the overall experience of the group pool, the claims experience produced by any individual group of each insurer shall not be used in any manner for enhanced con
version policy rating purposes; (B) Each insurer's group pool shall consist of each insurer's total claims experience produced by all groups in this state, regardless of the marketing mechanism or dis
tribution system utilized in the sale of the group insurance from which the qualify ing eligible individual is converting. The pool shall include the experience generated under any medical expense insurance coverage offered under separate group con tracts and contracts issued to trusts, multiple employer trusts, or association groups
or trusts, including trusts or arrangements providing group or group-type coverage issued to a trust or association or to any other group policyholder where such group
or group-type contract provides coverage, primarily or incidentally, through con tracts issued or issued for delivery in this state or provided by solicitation and sale to Georgia residents through an out-of-state multiple employer trust or arrange
ment; and any other group-type coverage which is determined to be a group shall also be included in the pool for enhanced conversion policy rating purposes; and
(C) Any other factors deemed relevant by the Commissioner may be considered in determination of each enhanced conversion policy pool rate so long as it does not
have the effect of lessening the risk-spreading characteristic of the pooling require ment. Duration since issue and tier factors may not be considered in conversion pol
icy rating. Notwithstanding subparagraph (A) of this paragraph, the total premium calculated for all enhanced conversion policies may deviate from the group pool rate
by not more than plus or minus 50 percent based upon the experience generated under the pool of enhanced conversion policies so long as rates do not deviate for similarly situated individuals covered through the pool of enhanced conversion poli
cies; (3) Any group member who is not a qualifying eligible individual and whose insurance
under the group policy has been terminated for any reason other than eligibility for medicare (reaching a limiting age for coverage under the group policy) or failure of
the group member to pay a required premium contribution, and who has been contin uously covered under the group contract or group plan, and under any contract or
plan providing similar benefits which it replaces, for at least six months immediately prior to termination shall be entitled, without evidence of insurability, to convert to individual or group coverage covering such group member and any eligible dependents
who were covered under the group member's coverage under the group contract or group plan. The premium of the basic converted policy shall be determined in accord
ance with the insurer's table of premium rates applicable to the age and classification of risks of each person to be covered under that policy and to the type and amount
of coverage provided. This form of conversion coverage shall be known as the 'Basic Conversion Option'; and

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(4) Nothing in this Code section shall be construed to prevent an insurer from offer ing additional options to qualifying eligible individuals or group members, (h) Each group certificate issued to each group member or qualifying eligible individual, in addition to setting forth any conversion rights, shall set forth the continuation right in a separate provision bearing its own caption. The provisions shall clearly set forth a full description of the continuation and conversion rights available, including all require ments, limitations, and exceptions, the premium required, and the time of payment of all premiums due during the period of continuation or conversion. (i) This Code section shall not apply to limited benefit insurance policies. For the pur poses of this Code section, the term 'limited benefit insurance' means accident and sick ness insurance designed, advertised, and marketed to supplement major medical insurance. The term limited benefit insurance includes accident only, CHAMPUS sup plement, dental, disability income, fixed indemnity, long-term care, medicare supple ment, specified disease, vision, and any other accident and sickness insurance other than basic hospital expense, basic medical-surgical expense, and comprehensive major medical insurance coverage. (j) The Commissioner shall adopt such rules and regulations as he or she deems neces sary for the administration of this Code section. Such rules and regulations may pre scribe various conversion plans, including minimum conversion standards and minimum benefits, but not requiring benefits in excess of those provided under the group contract or group plan from which conversion is made, scope of coverage, preexisting limitations, optional coverages, reductions, notices to covered persons, and such other requirements as the Commissioner deems necessary for the protection of the citizens of this state, (k) This Code section shall apply to all group plans and group contracts delivered or issued for delivery in this state on or after January July 1, 1998, and to group plans and group contracts then in effect on the first anniversary date occurring on or after January July 1, 1998."
SECTION 5. Said title is further amended by striking Code Section 33-24-22, relating to the provisions in health insurance policies for coverage of newly born or adopted children, and inserting in lieu thereof the following:
"33-24-22.
(a) All individual and group health insurance policies providing coverage on an expense incurred basis and individual and group service or indemnity type contracts issued by a nonprofit corporation which, under the terms of such policies, provide coverage for a family member of the insured or subscriber shall, as to the family members' coverage, also provide that the health insurance benefits applicable for children shall be payable with respect to a newly born child of the insured or subscriber from the moment of birth. A newly born child of the insured or subscriber shall include an adopted child. The coverage for the adopted child shall be effective from the date of the placement for adoption or final decree of adoption^ whichever occurs first. (b) The coverage for newly born children or adopted children shall consist of coverage of injury or sickness, including the necessary care and treatment of medically diagnosed congenital defects and birth abnormalities, but need not include benefits for routine well baby care. (c) If payment of a specific premium or subscription fee is required to provide coverage for a child, the policy or contract may require that notification of birth of a newly born child or the date of the placement for adoption or final adoption of a child and payment of the required premium or fees must be furnished to the insurer or nonprofit service or indemnity corporation within 31 days after the date of birth2 placement for adoption. or final decree of adoption^ whichever is applicable, in order to have the coverage con tinue beyond the 31 day period. (d) This Code section shall not apply to persons adopted as adults pursuant to the pro visions of Code Section 19-8-21, relating to the adoption of adult persons. (e) The requirements of this Code section shall apply to all insurance policies and sub scriber contracts delivered or issued for delivery in this state on or after July 1, 1088 1998."

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SECTION 6. Said title is further amended by striking Code Section 33-24-59, relating to women's access to health care, health insurance, and required provisions disclosing an insured's right to direct access to obstetricians and gynecologists, and inserting in lieu thereof the following:
"33-24-59.
(a) The General Assembly finds and declares that the specialty of obstetrics and gynecology is devoted to health care of women throughout their lifetimes.
(b)(T) As used in this Code section, the term 'health benefit policy' means any indi vidual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, or renewed in this state by a health care corporation, health main tenance organization, accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation, or similar entity. (2) Any accident and sickness policies, plans, or contracts which contain no provisions which require referrals from another physician for coverage of the services of an obstetrician or gynecologist shall not be required to give the notice required in subsec tion (d) of this Code section. (c) No health benefit policy which is issued, delivered, issued for delivery, or renewed in this state on or after July 1, 1996, shall require as a condition to the coverage of ser vices of an obstetrician or gynecologist who is within the health benefit policy network of health care providers that an enrollee, subscriber, or insured first obtain a referral from another physician; provided, however, that the services covered by this subsection shall be limited to those services defined by the published recommendations of the Accreditation Council For Graduate Medical Education for training as an obstetrician or gynecologist, including but not limited to diagnosis, treatment, and referral. (d) Each health benefit policy which is issued, delivered, issued for delivery, or renewed in this state on or after July 1, 1996, shall disclose to enrollees, subscribers, or insureds, in clear, accurate language, such person's right to direct access to obstetricians and gyne cologists as provided in this Code section. Such information shall be disclosed to each such person at the time of enrollment or otherwise first becoming an enrollee, sub scriber, or insured, and at least annually thereafter."
SECTION 7. Said title is further amended by striking paragraph (2) of subsection (b) of Code Section 33-29-3, relating to required insurance policy provisions, and inserting in lieu thereof the following:
"(2) Time limit on certain defenses. (A) After two years from the date of issue of this policy and in the absence of fraud, no misstatements made by the applicant in the application for such policy shall be used to void the policy or to deny a claim for loss incurred or disability, as defined in the policy, commencing after the expiration of such two-year period. In order for the insurer to void the policy or to deny a claim for loss incurred or disability based upon an applicant's fraudulent misstatement in an application, a copy of such application must be furnished to the policyholder or his or her benefi ciary, and such fraudulent misstatement must have been in writing, must be mate rial to the risk assumed b^ the insurer, and, in the case of a claim, must also relate to the specific type of loss or disability for which the claim is made. (i) The policy provision in subparagraph (A) of this paragraph shall not be so construed as to affect any legal requirements for avoidance of a policy or denial of a claim during such initial two-year period, nor to limit the application of para graphs (1) through (3) of subsection (b) of Code Section 33-29-4 in the event of misstatement with respect to age or occupation or other insurance. For purposes of this paragraph, fraud means the willful misrepresentation of a material fact. (ii) A policy which the insurer has the right to continue in force subject to its terms by the timely payment of premium until at least age 60 or, in the case of a policy issued after age 54, for at least five years from its date of issue may con tain in lieu of the provisions of subparagraph (A) of this paragraph the following provision, from which the clause in brackets may be omitted at the insurer's

2678

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option, under the caption 'incontestable': After In the absence of fraud and after this policy has been in force for a period of two years during the lifetime of the insured, excluding any period during which the insured is disabled, it shall become incontestable as to the statements contained in the application. (B) In the absence of fraud, no Ne claim for loss incurred or disability, as defined in the policy, commencing after two years from the date of issue of this policy shall be reduced or denied on the ground that a disease or physical condition not excluded from coverage by name or specific description effective on the date of loss had existed prior to the effective date of coverage of this policy."
SECTION 8. Said title is further amended by striking subsection (b) of Code Section 33-29A-8, relating to rules and regulations relative to individual health insurance coverage availability and assignment systems and compensation to licensed insurance agents, and inserting in lieu thereof the following:
"(b) The rules and regulations developed by the Commissioner shall include provisions for applications for GHIAS and GHBAS to be submitted by licensed insurance agents and for such agents to be compensated at a commission rate of not less than 3 percent from the premiums received by the issuing health insurer or managed care organization. For purposes of applications for GHIAS and GHBAS, licensed agents shall not be sub ject to the certificate of authority requirements of subsection (b) of Code Section 33-23-4."
SECTION 9. Said title is further amended by striking subsection (b) of Code Section 33-30-1, relating to the definitions of group accident and sickness insurance and association, and inserting in lieu thereof the following:
"(b) As used in this chapter, the term 'true association' means an organization that: (1) Has been in existence for at least five years; (2) Has been formed and maintained in good faith for purposes other than obtaining insurance; (3) Does not condition membership in the association on any health status related factor relating to an individual (including an employee of an employer or a dependent of an employee); (4) Makes health insurance coverage offered through the association available to all members regardless of any health status related factor relating to such members (or individual eligible for coverage through a member); (5) Does not make health insurance coverage offered through the association available other than in connection with a member of the association; and (6) Meets such additional requirements as may be imposed under Georgia law or reg ulation."
SECTION 10. Said title is further amended by striking Code Section 33-30-15, relating to continuation of similar health insurance coverage, preexisting conditions, and procedures and guidelines, and inserting in lieu thereof the following:
"33-30-15.
(a) As used in this Code section, the term: (1) 'Affiliation period' means a period, used by health maintenance organizations in lieu of a preexisting condition exclusion clause, beginning on the enrollment date, which must expire before health insurance coverage provided by a health maintenance organization becomes effective. The health maintenance organization is not required to provide health care benefits during such period, nor is it authorized to charge pre miums over such a period. (2) 'Creditable coverage' under another health benefit plan means medical expense coverage with no greater than a 90 day gap in coverage under any of the following: (A) Medicare or Medicaid;

THURSDAY, MARCH 19, 1998

2679

(B) An employer based accident and sickness insurance or health benefit arrange ment; (C) An individual accident and sickness insurance policy, including coverage issued by a health maintenance organization, nonprofit hospital or nonprofit medical ser vice corporation, health care corporation, or fraternal benefit society; (D) A spouse's benefits or coverage under medicare or Medicaid or an employer based health insurance or health benefit arrangement; (E) A conversion policy; (F) A franchise policy issued on an individual basis to a member of a true associa tion as defined in subsection (b) of Code Section 33-30-1; (G) A health plan formed pursuant to 10 U.S.C. Chapter 55; (H) A health plan provided through the Indian Health Service or a tribal organiza tion program or both; (I) A state health benefits risk pool; (J) A health plan formed pursuant to 5 U.S.C. Chapter 89; (K) A public health plan; or (L) A Peace Corps Act health benefit plan. (3) 'Insurer' means an accident and sickness insurer, fraternal benefit society, non profit hospital service corporation, nonprofit medical service corporation, health care corporation, health maintenance organization, or any similar entity and any selfinsured health care plan not subject to the exclusive jurisdiction of the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq. (4) 'Newly eligible employee' means a Georgia domiciled employee or the dependent of a currently enrolled Georgia domiciled employee who has creditable coverage and who first becomes eligible to elect coverage under an employer sponsored comprehen sive major medical or hospitalization plan. A newly eligible employee also includes: (A) During a special enrollment period, existing employees and existing dependents of existing employees who declined coverage when first offered because of the exis tence of other creditable coverage, if all the following conditions are met:
(i) The employee or employee's dependent had creditable coverage at such time when the group coverage was first offered; (ii) The employee stated in writing that such creditable coverage was the reason for declining enrollment in group coverage, if such statement is required by the employer;
(iii) The coverage of the employee or employee's dependent was under COBRA and has been exhausted or the creditable coverage was terminated as a result of loss of eligibility for the creditable coverage or employer contributions toward such creditable coverage were terminated; and
(iv) The employee requests such enrollment not later than 36 31 days after the date of exhaustion or termination of the creditable coverage; or
(B) In the case of marriage, if the employee requests such enrollment not later than 39 31 days following the date of marriage or the date dependent coverage is first made available, whichever is later, coverage of the spouse shall commence not later than the first day of the first month beginning after the date the completed request for enrollment is received.
(b) Notwithstanding any other provision of this title which might be construed to the contrary, on and after July 1, 1997 1998, all group basic hospital or medical expense, major medical, or comprehensive medical expense coverages which are issued, delivered, issued for delivery, or renewed in this state shall provide the following:
(1) Subject to compliance with the provisions of subsections (c) and (d) of this Code section, any newly eligible employee, member, subscriber, enrollee, or dependent who has had creditable coverage under another health benefit plan within the previous 90 days shall be eligible for coverage immediately upon completion of any employer imposed waiting period; and
(2) Once such creditable coverage terminates, including termination of such creditable coverage after any period of continuation of coverage required under Code Section 33-24-21.1 or the provisions of Title X of the Omnibus Budget Reconciliation Act of

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1986, the insurer must offer a conversion policy to the eligible employee, member, sub scriber, enrollee, or dependent. (c) Notwithstanding any provisions of this Code section which might be construed to the contrary, such coverages may include a limitation for preexisting conditions not to exceed 12 months for enrollees who enroll when newly eligible and 18 months for late enrollees following the effective date of coverage; provided, however, that: (1) Such coverages shall waive any time period applicable to the preexisting condition exclusion or limitation for the period of time an individual was previously covered by creditable coverage; or (2) Such coverages shall waive any time period applicable to the preexisting condition exclusion or limitation in accordance with an insurer's election of an alternative method pursuant to Section 701(c)(3)(B) of the Employee Retirement Income Security Act of 1974. (d) The preexisting condition limitation described in subsection (c) of this Code section shall not apply to pregnancies. (e) The preexisting condition limitation described in subsection (c) of this Code section shall not apply to newborn children or newly adopted children where such children are added to the plan by the insured no later than 30 31 days following the date of birth or the date placed for adoption under order of the court of jurisdiction. (f) In case of a group health plan offered by a health maintenance organization, an affil iation period may be offered in place of the preexisting condition limitation described in subsection (c) of this Code section, provided that the affiliation period: (1) Is applied uniformly without regard to any health status related factors; (2) Does not exceed:
(A) Two months for newly eligible employees and dependents; or (B) Three months for late enrollees; and (3) Runs concurrently with any employer imposed waiting period under the plan. (g) The Commissioner shall promulgate appropriate procedures and guidelines by rules and regulations to implement the provisions of this Code section after notification and review of such regulations by the appropriate standing committees of the House of Rep resentatives and Senate in accordance with the requirements of applicable law. The Commissioner may allow in such regulations methods other than that described in sub section (f) of this Code section for health maintenance organizations to address adverse selection, as authorized by the Employee Retirement Income Security Act of 1974, Seciion i\)i\^)\o), JNotnin m inis ood section siicuz 9& construea to proniuii tne oommis~ sloner 6tnd ony insupeps witn t desire to uo so irons nftttriiftiiy Q^pccin^ on proccdure9, rules, regulations, and guidelines and free* implementing the provisions of this Code sec tion e a voluntary basis before Jtriy -, Wffh"
SECTION 11. Said title is further amended by striking subsection (a) of Code Section 33-34-3.1, relating to filing of rates and forms and optional coverage, and inserting in lieu thereof the follow ing:
"(a) All insurers writing private passenger automobile insurance in this state shall file rates and forms for medical payments coverage for a limit of at least $2,000.00 but may file rates for higher or lower limits. The requirement for filing forms and rates under this subsection shall not be construed as a requirement for the offering or quoting of medical payment coverages to insureds or as authority for the Commissioner to require the offering or quoting of such coverage."
SECTION 12. Section 1 of this Act shall apply to offenses committed on or after July 1, 1998, and shall not apply to or affect conduct or offenses committed prior to that date. Section 3 of this Act shall apply to all actions pending on July 1, 1998, and to all actions commenced on or after that date.
SECTION 13. All laws and parts of laws in conflict with this Act are repealed.

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Representative Williams of the 114th moved that the House adopt the second Com mittee of Conference report on HB 233.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien N Andereon YAshe N Bailey N Bannister YBarfoot N Barnard YBarnes N Bates Y Benefield
Birdsong N Bohannon Y Bordeaux Y Bradford N Breedlove N Bridges Y Brooks N Brown EBuck Y Buckner N Bunn Y Burkhalter YByrd
Y Campbell N Canty NCash
Channel! Y Childers N Clark NCoan Y Coleman, B Y Coleman, T Y ConneU Y Cooper Y Crawford N Crews

Y Culbreth Y Cummings Y Davis, G N Davis, M NDay N DeLoach, B N DeLoach, G NDii N Diion YDobbs N Dukes YEhrhart YEpps Y Evans
N Everett Y Felton NFloyd N Franklin
N Golden Y Graves
Greene Y Grindley Y Hammontree YHanner Y Harbin Y Heard NHecht Y Heckstall Y Hegstrom
Henson Y Holland N Holmes N Houston
Howard N Hudgens Y Hudson, H

N Hudson, N Y Hugley Ylrvin
N Jackson N James N Jamiescn N Jenkins
Johnson Y Johnston
Jones N Joyce NKaye YLadd NLakly YLane NLee Y Lewis YLord Y Lucas Y Maddoi NMann
Y Manning
Y Martin, J N Martin, J.L NMassey YMcBee NMcCall Y McClinton N McKinney N Mills Y Mobley YMosley Y Mueller NO'Neal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry N Pinholster NPoag YPolak Y Ponder N Porter N Powell NPurcell NRagas NRandall NRay N Reaves Y Reichert NRice N Richardson Y Roberts N Rogers N Royal N Sanders Y Sauder N Scarlett N Scheid Y Scott
Shanahan NShaw YSherrill YShipp YSims N Sinkfield Y Skipper Y Smith, C
N Smith, C.W N Smith, L

N Smith, L.R N Smith, P Y Smith, T
N Smith, V Smyre
N Snelling YSnow Y Stalling N Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper N Thomas NTillman N Titus Y Tolbert YTrense
Tumquest NTwiggs N Walker, L Y Walker, R.L Y Watson N West N Westmorland
N Whitaker Y Wiles Y Williams, B N Williams, J Y Williams, R NWorthan NYates
Murphy, Spkr

On the motion, the ayes were 85, nays 83.
The motion was lost and the report of the second Committee of Conference on HB 233 was rejected.

Representative Culbreth of the 132nd moved that the House reconsider its action in failing to adopt the second Committee of Conference Report on HB 233.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien N Anderson YAshe N Bailey N Bannister YBarfoot N Barnard YBarnes N Bates N Benefield
Birdsong N Bohannon
Bordeaux Y Bradford N Breedlove Y Bridges N Brooks N Brown EBuck
Y Buckner

NBunn Y Burkhalter YByrd
Y Campbell N Canty YCash
Channel! N Childers N Clark NCoan Y Coleman, B Y Coleman, T
Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G N Davis, M

NDay N DeLoach, B N DeLoach, G NDix
NDUon YDobbs
Dukes YEhrhart YEpps Y Evans N Everett Y Felton N Floyd N Franklin N Golden Y Graves
Greene Grindley Y Hammontree YHanner

Y Harbin Y Heard YHecht Y Heckstall
Y Hegstrom Y Henson Y Holland N Holmes
Y Houston Howard
N Hudgens Y Hudson, H N Hudson, N Y Hugley Ylrvin N Jackson N James N Jamieson Y Jenkins
Johnson

Y Johnston Jones
N Joyce NKaye YLadd NLakly NLane NLee Y Lewis YLord Y Lucas Y Maddoi NMann
Y Manning Y Martin, J N Martin, J.L NMassey YMcBee NMcCall Y McClinton

2682

JOURNAL OF THE HOUSE,

N McKinney N Mills Y Mobley YMoeley Y Mueller NO'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry N Pinholster NPoag YPolak Y Ponder

N Porter NPoweU YPurcell
NRagas NRandaU
NRay Y Reaves Y Beichert
NRice Y Richardson Y Roberts Y Rogers N Royal
N Sanders Y Sauder Y Scarlett

N Scheid Y Scott Y Sbanaban NShaw YSherrill
YSbipp YSims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W N Smith, L N Smith, L.R N Smith, P Y Smith, T N Smith, V

Smyre N Snelling
YSnow Stallings
N Stancil, F
N Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas NTillman N Titus Y Tolbert

Trense Turnquest NTwiggs N Walker, L Y Walker, R.L Y Watson NWest N Westmoreland N Whitaker Y Wiles Y Williams, B N Williams, J Y Williams, R N Worthan
NYates Murphy, Spkr

On the motion, the ayes were 91, nays 73. The motion prevailed.

Representative Williams of the 114th moved that the House adopt the second Com mittee of Conference report on HB 233.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson YAshe N Bailey Y Bannister YBarfoot N Barnard
YBaraes N Bates Y Benefield
Birdsong N Bohannon
Y Bordeaux Y Bradford N Breedlove N Bridges Y Brooks
N Brown EBuck Y Buckner NBunn Y Burkhalter YByrd Y Campbell N Canty NCash
Channel!
N Childers N Clark NCoan Y Coleman, B Y Coleman, T YConnell
Y Cooper Y Crawford Y Crews

Y Culbreth N Cummings Y Davis, G N Davis, M YDay N DeLoach, B NDeLoach, G NDii NDiion YDobbs Y Dukes YEhrhart
YEpps Y Evans
N Everett Y Felton
NFloyd N Franklin
N Golden Y Graves
Greene
N Grindley Y Hammontree YHanner Y Harbin
Y Heard YHecht YHeckstall Y Hegstrom YHenson Y Holland
N Holmes N Houston
Howard NHudgens Y Hudson, H

N Hudson, N
Y Hugley Ylrvin
N Jackson N James N Jamieson N Jenkins
Johnson Y Johnston
Jones N Joyce NKaye YLadd NLakly YLane NLee Y Lewis YLord Y Lucas Y Maddoi NMann
Y Manning
Y Martin, J N Martin, J.L
NMassey YMcBee NMcCall Y McClinton N McKinney Y Mills Y Mobley NMosley Y MueUer NO'Neal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry N Pinholster YPoag YPolak Y Ponder N Porter N Powell NPurceU
NRagas NRandaU
NRay N Reaves Y Reichert
NRice Y Richardson
Y Roberts N Rogers N Royal N Sanders Y Sauder N Scarlett
N Scheid N Scott Y Shanahan
NShaw Y Sherrill
YShipp YSims Y 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
Smyre N Snelling YSnow Y Stallings N Stancil, F N Stancil, S Y Stanley, L Y Stanley, P
Y Stephens Y Taylor
YTeague YTeper Y Thomas NTillman N Titus Y Tolbert Y Trense
Turnquest NTwiggs N Walker, L
N Walker, R.L Y Watson YWest N Westmoreland
N Whitaker Y Wiles Y Williams, B N Williams, J Y Williams, R N Worthan NYates
Murphy, Spkr

On the motion, the ayes were 92, nays 78. The motion prevailed.

Representative Holmes of the 53rd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following bills of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon:

THURSDAY, MARCH 19, 1998

2683

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1604

The Committee of Conference on HB 1604 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1604 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Mary Margaret Oliver Senator, 42nd District

/s/ Roy E. Barnes Representative, 33rd District

/s/ Clay Land Senator, 16th District

/s/ Benjamin Alien Representative, 117th District

M Steve Langford Senator, 29th District

/s/ Robert M. Crawford Representative, 129th District

A BILL
To amend Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Anno tated, relating to powers of housing authorities generally, so as to provide that loans made by an authority to an entity with which the authority has entered into a private enterprise agreement shall not be deemed usurious; to authorize housing authorities to prohibit cer tain nonresidents reasonably suspected of a criminal act on the premises of a housing project from entering, loitering, or remaining upon the common areas of such project; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relat ing to powers of housing authorities generally, is amended by by inserting in Code Section 8-3-30, relating to general powers of housing authorities, a new subsection to be designated subsection (c) to read as follows:
"(c) No loan made by an authority to an entity with which the authority has entered into a private enterprise agreement shall be deemed usurious as long as such loan com plies with applicable federal law."
SECTION 2. Said part is further amended by adding at the end thereof a new Code Section 8-3-36 to read as follows:
"8-3-36. Any housing authority created pursuant to this article, acting through its director or his or her designee, is authorized to prohibit, without breaching the peace, any person who is reasonably suspected of committing a criminal act on the premises of a housing

2684

JOURNAL OF THE HOUSE,

project and who is not a resident of said project from entering, loitering, or remaining upon the common areas of such project."
SECTION 3. This Act shall become effective July 1, 1998.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Barnes of the 33rd moved that the House adopt the report of the Committee of Conference on HB 1604.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Andersen Y Ashe Y Bailey
Bannister YBarfoot
Barnard Y Barnes Y Bates Y Benefield
Birdsong Y Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown EBuck
YBunn Y Burkhalter YByrd Y Campbell Y Canty YCash
Channell Y Childera Y Clark YCoan Y Coleman, B Y Coleman, T YConneU
Cooper Y Crawford Y Crews

Y Culbreth Y Cummings Y Davig, G
Y Davis, M YDay YDeLoach, B Y DeLoach, G YDii YDixon YDobbs Y Dukes
YEhrnart YBpps
Evans YEverett Y Felton
YFloyd Y Franklin
Y Golden Graves Greene
Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht Y 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
Johnson Y Jobnston
Jones Y Joyce YKaye YLadd NLakly YLane YLee Y Lewis
Lord Y Lucas Y Maddoi 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

On the motion, the ayes were 159, nays 1. The motion prevailed.

YParrish Y Parsons Y Pelote Y Perry Y Pinbolster 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 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 Smyre
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 YTolbert
YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L
Y Watson YWest
Westmoreland YWhitaker Y Wiles Y Williams, B Y WilMams. J Y Williams, R Y Worthan YYates
Murphy, Spkr

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 following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1337

The Committee of Conference on HB 1337 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1337 be adopted.

THURSDAY, MARCH 19, 1998

2685

FOR THE SENATE:
/s/ Edwin A. Gochenour Senator, 27th District
/s/ Robert Lamutt Senator, 21st District
M Steve Langford Senator, 29th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Frank E. Stancil Representative, 91st District
/s/ Roy E. Barnes Representative, 33rd District
/s/ W. N. Hudson Representative, 156th District

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 for related matters; to provide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 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.' 4tH2) Any county or municipal building construction permit2 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 e 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.'

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JOURNAL OF THE HOUSE,

{3M3J Any person whe or entity which is issued a permit which authorizes improve ments to a tract ef- reei property which is being ttsed- er wtH be ttsed for new or exist ing residential purpoaoa or commercial real property shall be required to;
(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.

Representative Stancil of the 91st moved that the House adopt the report of the Com mittee of Conference on HB 1337.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson NAihe Y Bailey Y Bannister YBarfoot Y Barnard YBanus
Bates Y Benefield
Biidsong NBohannon Y Bordeaux Y Bradford N Breedlove N Bridges Y Brooks Y Brown EBuck Y Buckner
NBunn N Burkhalter
YByrd Y Campbell
Y Canty NCash
Channell
YChilders Y Clark NCoan Y Coleman, B Y Coleman, T YConnell
Cooper Y Crawford N Crews

Y Culbreth Cumin ings
Y Davis, G N Davis, M YDay Y DeLoach, B Y DeLoach, G YDii YDixon
YDobbs Y Dukes YEhrhart YEpps
Evans Y Everett Y Felton YFloyd Y Franklin Y Golden
Graves Greene YGrindley Y Hanunontree Y Manner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom YHenson Y Holland Y Holmes Y Houston Howard Hudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins
Johnson Y Johnston
N Joyce Kaye
YLadd NLakly YLane YLee Y Lewis YLord Y Lucas Y Maddoi YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton
McKinney N 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
Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw YSherrill YShipp YSims Y Srnkfield 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 Y Stalling* Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas YTiUman Y Titus Y Tolbert YTrense
Turnquest
Y Walker, L Y Walker, R.L N Watson YWest Y Westmorland YWhitaker Y Wiles Y Williams, B N Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

On the motion, the ayes were 145, nays 15. The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

THURSDAY, MARCH 19, 1998

2687

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 following Senate substitute was read:

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 indepen dent agents from certain countersignature requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking Code Section 33-3-11, relating to the requirement of a countersignature by a licensed resident agent, and inserting in lieu thereof a new Code section to read as follows:
"33-3-11.
(a) No authorized insurer shall issue a policy covering a subject of insurance resident, located, or to be performed in Georgia unless the policy or countersignature endorse ment attached thereto is countersigned by its licensed agent resident in Georgia. A licensed service representative resident in Georgia may countersign a policy or endorse ment for and on behalf of the licensed agent upon written request of the Georgia agent. (b) Subsection (a) shall not apply to:
(1) Reinsurance or to life or accident and sickness insurance; (2) Insurance of the rolling stock, vessels, or aircraft of any common carrier in inter state or foreign commerce or insurance of any vehicle principally garaged and used in another state or covering any liability or other risks incident to the ownership, mainte nance, or operation thereof; (3) Insurance of property in course of transportation, interstate or in foreign trade, or any liability or risk incident thereto; (4) Insurance of ocean marine risks; or (5) Bid bonds issued by any surety insurer in connection with any public or private building or construction project; or (6) Policies and contracts of insurance issued by insurers operating through or other wise using employee or independent contractor agents who exclusively represent one insurer or a group of insurers under common ownership or control in the solicitation or servicing of business. (c) Violation of this Code section shall not invalidate the policy."
SECTION 2. Said title is further amended by striking Code Section 33-23-31, relating to risk situs, countersignature requirements by licensed resident agents, exceptions, venue, and service, and inserting in lieu thereof a new Code Section to read as follows:
"33-23-31.
(a) A risk shall be deemed to have a situs in this state if the insurance is upon or in regard to property having a permanent situs in this state or movable property which is actually in this state or is principally used or kept in this state or on persons resident in this state. (b) All insurance contracts on risks or property or persons located or having a situs in this state shall bear the countersignature of an agent who is licensed pursuant to Code Section 33-23-5, except:

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JOURNAL OF THE HOUSE,

(1) Any contract of insurance covering the rolling stock of any railroad, covering any vessel, aircraft, or motor vehicle used in interstate or foreign commerce, or covering any liability or other risks incident to the ownership, maintenance, or operation thereof; (2) Any contract of property insurance upon property of railroad companies and other common carriers; (3) Any contract of insurance covering any property in transit while in the custody of any common carrier or any liability or risk incident to the carrier; (4) Any contract of reinsurance between insurers; (5) Any contract of life or accident and sickness insurance; e* (6) Bid bonds issued by any surety insurer in connection with any public or private building or construction project; or (7) Policies and contracts of insurance issued by insurers operating through or other wise using employee or independent contractor agents who exclusively represent one insurer or a group of insurers under common ownership or control in the solicitation or servicing of business. (c) A nonresident who is the holder of a nonresident agent's license from this state shall not directly or indirectly solicit, negotiate, or effect insurance contracts in this state unless accompanied by a countersigning agent licensed pursuant to this chapter. (d) Each nonresident agent by obtaining a license in this state or by doing business in this state shall be deemed to have consented that any notice provided in this chapter and any summons, notice, or process in connection with any action or proceeding in any state or federal court in this state, which notice, summons, or process grows out of or is based upon any business or acts done or omitted to be done in this state, may be sufficiently served upon such nonresident agent by serving the same upon the Commis sioner. Service shall be made by leaving a copy of the notice, summons, or process with a fee in the hands of the Commissioner. The fee for such service shall be as provided by law. Such service shall be sufficient service upon the nonresident agent, provided that notice of the service and a copy of the notice, summons, or process shall be immediately sent by registered or certified mail by the plaintiff or by the Commissioner to the resi dence of the nonresident agent addressed to the agent. The nonresident agent's return receipt and the affidavit of compliance with the notice, summons, or process made by the plaintiff or the plaintiffs attorney or by the Commissioner shall be appended to the notice, summons, or process and filed with the case in the court where it is pending or filed with the Commissioner if in regard to a proceeding provided under this chapter. Venue of such an action shall be in the county of the residence of a plaintiff in the action, if the plaintiff resides in this state; otherwise venue shall be in Fulton County. The place of residence of a licensed nonresident agent placed on file by him or her with the Commissioner shall be deemed to be his or her place of residence until the agent places on file with the Commissioner a written notice stating another place of residence. As used in this subsection, the term 'process' shall include a petition attached thereto."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Harbin of the 113th moved that the House agree to the Senate substi tute to HB 862.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Anderson
YAshe Y Bailey N Bannister
YBarfoot N Barnard Y Banes Y Bates Y Benefield

Birdsong N Bohannon Y Bordeaux N Bradford N Breedlove Y Bridges Y Brooks N Brown EBuck Y Buckner

NBunn Y Burkhalter YByrd Y Campbell
Canty YCash Y Channel! Y Childers Y Clark NCoan

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

NDay N DeLoach, B Y DeLoach, G YDix N Diion NDobbs Y Dukes YEhrhart YEpps
Evans

THURSDAY, MARCH 19, 1998

2689

YEverett Y Felton YFloyd N Franklin
Y Golden Y Graves YGreene NGrindley
Hammontree Y Manner Y Harbin
Heard YHecht
Heckstall YHegstrom YHenson Y Holland Y Holmes Y Houston
Howard
Hudgens Y Hudson, H Y Hudson, N Y Hugley
Irvin Y Jackson

Y James Y Jamieson Y Jenkins
Johnson Y Johnston
Jones N Joyce NKaye YLadd NLakly YLane YLee Y Lewis
YLord Y Lucas Y Maddox NMann Y Manning
Y Martin, J Y Martin, J.L NMassey
McBee YMcCall Y McClinton
McKinney NMills

Y Mobley YMosley Y Mueller YO'Neal YOrrock YParham YParrisb Y Parsons Y Pelote Y Perry N Pinbolster YPoag YPolak Y Ponder Y Porter YPowell YPurceU YRagas YRandall
Ray Y Reaves Y Reichert NRice Y Richardson Y Roberts Y Rogers

On the motion, the ayes were 123, nays 31. The motion prevailed.

Y Royal Sanders
Y Sauder
Scarlett NScheid Y Scott Y Shanahan YShaw YSherrill
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 YSmyre NSnefflng YSnow Y StaUings
Stancil, F N Stancil, S

Y Stanley, L Y Stanley, P
Stephens Y Taylor YTeague Y Teper
Y Thomas YTfflman Y Titus Y Tolbert YTrense Y Turnquest N Twiggs Y Walker, L Y Walker, R.L Y Watson
YWest N Westmoreland
Whitaker N Wiles
Williams, B N Williams, J Y Williams, R Y Worthan NYates
Murphy, Spkr

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

SB 7. By Senators Cheeks of the 23rd and Kemp of the 3rd:
A bill to amend Chapter 3 of Title 41 of the Official Code of Georgia Anno tated, relating to places used for unlawful sexual purposes, so as to provide that real property upon which substantial selling of drug paraphernalia or drug related objects occurs may be declared a nuisance; to define certain terms; to provide for knowledge of such activity.

The following Committee substitute was read:

A BILL
To amend Chapter 3 of Title 41 of the Official Code of Georgia Annotated, relating to nui sances maintained for sexual offenses and drug offenses, so as to provide for actions by district attorneys or private citizens to enjoin or abate nuisances kept, maintained, or existing for the purpose of drug related offenses; to provide definitions; to provide for notice to the property owner of substantial drug related activity; to provide for additional remedies for drug related nuisances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 41 of the Official Code of Georgia Annotated, relating to nuisances maintained for sexual offenses and drug offenses, is amended by striking in its entirety Code Section 41-3-1.1, relating to substantial drug related activity and the owner's knowl edge, and inserting in its place the following:
"41-3-1.1. (a) As used in this Code section, the term:
(1) 'Drug related indictment offense' means an indictment by a grand jury or an accu sation for an offense involving violation of Code Section 16-13-30; provided, however,

2690

JOURNAL OF THE HOUSE,

that any such indictments or accusations which result directly from cooperation between the property owner and a law enforcement agency shall not be considered a drug related indictment offense for purposes of this Code section. (2) 'Substantial drug related activity' means activity resulting in sis four or more sep arate incidents resulting in drag related indictments of drug related offenses involving violations occurring within a 12 month period on the same parcel of real property. (b) Any owner of real property who has actual knowledge that substantial drug related activity is being conducted on such property shall be guilty of maintaining a nuisance, and such real property shall be deemed a nuisance and may be enjoined or otherwise abated as provided in this chapter. (c) The owner of real property shall be deemed to have actual knowledge of substantial drug related activity occurring on a parcel of real property if the district attorney of the county or the chief law enforcement officer of the municipal corporation in which the property is located notifies the owner in writing by certified mail, return receipt
drag related indictments tad-, after the receipt of seh notice and within -12 months ef- the fifst ef the incidents resulting in * drag related indictment which are the sttbjeet
indictments such substantial drug related activity and such owner fails to take action to remedy or abate such nuisance within 60 days of the receipt of such notice."
SECTION 2. Said chapter is further amended by striking in its entirety Code Section 41-3-2, relating to actions to enjoin nuisances, temporary restraining orders, and interlocutory injunctions, and inserting in lieu thereof the following:
"41-3-2.
(a) Whenever a nuisance is kept, maintained, or exists, as defined in Code Section 41-3-1 or 41-3-1.1, the district attorney or any private citizen of the county may maintflm ftn set-ion IR TnG n&mic 0t tftc stflte upon trie rcifttion of sucii district flttomcy "Of private citizen to enjoin said nuisance perpetually, the person or persons conducting or maintaining the same, and the owner or agent of the building, structure, or place, and the ground itself in or upon which such nuisance exists. In an action to enjoin a nui sance, the court, upon application therefor alleging that the nuisance complained of exists, shall order a temporary restraining order or an interlocutory injunction as pro vided in Code Section 9-11-65. (b) Upon final adjudication that a nuisance as defined in Code Section 41-3-1.1, is kept, maintained, or exists, the court shall have additional power to fashion any one or more of the following remedies:
(1) Award private damages against the defendant in favor of each plaintiff; (2) Assess costs of the action against the defendant; (3) Assess reasonable attorney fees incurred in filing and prosecution of the com plaint; (4) Order the owner to clean up the property and make repairs upon the property; (5) Suspend or revoke any liquor license; (6) Order the owner to make additional reasonable expenditures upon the property: (7) Order the suspension of any state, city, or local governmental subsidies payable to the owners of the property, including, but not limited to, tenant assistance payments to landlords, until the nuisance is abated; and assistance payments to landlords, until the nuisance is abated; and (8) Impose a civil fine on the defendant of ug to $500.00 per day for each day the nuisance, as defined in Code Section 41-3-1.1, exists."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Childers of the 13th moved the previous question.

THURSDAY, MARCH 19, 1998

2691

Representative Ladd of the 59th moved that SB 7 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

N Alien Anderaon
NAshe N Bailey Y Bannister YBarfoot Y Barnard NBaroes N Bates N Benefield
Birdsong YBohannon N Bordeaux N Bradford N Breedlove Y Bridges N Brooks Y Brown EBuck NBuckner YBunn
Burkhalter YByrd Y Campbell
Y Canty YCash
Channell N Guilders Y Clark
YCoan Y Coleman, B N Coleman, T
Cornell Y Cooper Y Crawford Y Crews

Culbreth N Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G
Dix NDiion NDobbs N Dukes YEhrhart
NEpps Y Evans Y Everett
Felton YFloyd Y Franklin Y Golden Y Graves
Greene Y Grindley Y Hammontree N Manner Y Harbin N Heard
NHecht YHeckstall N Hegstrom
Henson N Holland N Holmes N Houston
Howard YHudgens Y Hudson, H

Y Hudson, N N Hugley Ylrvin
Jackson Y James N Jamieson Y Jenkins
Johnson Y Johnston
Jones
Y Joyce YKaye YLadd NLakly YLane NLee Y Lewis
Lord
Y Lucas YMaddox YMann Y Manning N Martin, J
Martin, J.L YMassey NMcBee NMcCall N McClinton N McKinney Y Mills
N Mobley YMosley
MueUer NO'Neal NOrrock NParham

NParrish Parsons
N Pelote N Perry Y Pinholster
NPoag NPolak N Ponder N Porter N PoweU YPurcell
NRagas NRandall YRay N Reaves Y Reichert YRice Y Richardson Y Roberts N Rogers Y Royal
Sanders Y Sauder N Scarlett Y Scheid Y Scott Y Shanahan NShaw NSherriU
YShipp NSims N Sinkfield N Skipper N Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R N Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling
Snow YStallings N Stancil, F Y Stancil, S
Stanley, L N Stanley, P Y Stephens N Taylor NTeague NTeper N Thomas YTillman N Titus Y Tolbert Y Trense N Turnquest NTwiggs
Walker, L
N Walker, R.L N Watson YWest N Westmorland YWhitaker Y Wiles N Williams, B Y Williams, J Y Williams, R Y Worthan YYates
Murphy, Spkr

On the motion, the ayes were 84, nays 71. The motion prevailed.

Representative Orrock of the 56th moved that the House reconsider its action on tabling SB 7.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Andersen
YAshe Y Bailey N Bannister
YBarfoot N Barnard
YBarnes Y Bates Y Benefield
Birdsong NBohannon Y Bordeaux Y Bradford N Breedlove N Bridges Y Brooks N Brown EBuck Y Buckner
NBunn N Burkhalter
NByrd

N Campbell N Canty NCash N Channell Y Childers
N Clark NCoan N Coleman, B Y Coleman, T
Connell
N Cooper N Crawford N Crews Y Culbreth Y Cummings Y Davis, G N Davis, M NDay N DeLoach, B N DeLoach, G NDix YDixon YDobbs

Y Dukes NEhrhart
YEpps N Evans N Everett
Felton N Floyd N Franklin N Golden N Graves
Greene N Grindley
N Hammontree Y Banner
N Harbin Y Heard YHecht YHeckstall Y Hegstrom
Henson Y Holland Y Holmes
Y Houston

Howard N Hudgens N Hudson, H N Hudson, N Y Hugley
NIrvin Jackson
N James Y Jamieson Y Jenkins
Johnson N Johnston
Jones N Joyce NKaye NLadd
YLakly NLane YLee N Lewis
Lord N Lucas N Maddox

NMann N Manning Y Martin, J N Martin, J.L
NMassey YMcBee NMcCall Y McClinton
McKinney N Mills Y Mobley N Mosley N MueUer YO'Neal
Y Orrock YParham YParrish N Parsons Y Pelote Y Perry N Pinholster YPoag YPolak

2692

JOURNAL OF THE HOUSE,

Y Ponder Y Porter YPowell NPurcell YRagas YRandall YRay Y Reaves NReichert NRice N Richardson N Roberts Y Rogers

N Royal Sanders
NSauder Y Scarlett N Scheid N Scott N Shanahan N Shaw Y SherrUl NShipp Y Sims Y Sinkfield Y Skipper

Y Smith, C N Smith, C.W N Smith, L N Smith, L.R Y Smith, P N Smith, T N Smith, V Y Smyre N Snelling
Snow Y Stallings N Stancil, F N Stancil, S

Stanley, L Stanley,? N Stephens Y Taylor Y Teague Y Teper Y Thomas Tillman Y Titus N Tolbert N Trense Turaquest Y Twiggs

Y Walker, L Y Walker, R.L N Watson N West Y Westmoreland N Wbitaker N Wiles Y Williams, B N Williams, J Y Williams, R N Worthan N Yates
Murphy, Spkr

On the motion, the ayes were 73, nays 87. The motion was lost.

The following Bills of the House and Senate were taken up for the purpose of consid ering the reports of the Committees of Conference thereon:

SB 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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 510

The Committee of Conference on SB 510 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 510 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Sonny Perdue Senator, 18th District

/s/ Billy Randall Representative, 127th District

/s/ Mary Margaret Oliver Senator, 42nd District

/s/ Jimmy Skipper Representative, 137th District

/s/ Robert Brown Senator, 26th District

/s/ Doug Teper Representative, 61st District

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 domestic assault; to provide penal ties 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; to define the offense of domestic aggravated assault; to provide penalties for such offense; to define the offense of domestic simple bat tery; to provide a penalty for such offense; to define the offense of domestic battery; to

THURSDAY, MARCH 19, 1998

2693

change the penalty provisions relating to the offense of family violence battery; to provide a specific penalty for the offense of battery against a person who is 65 years of age or older; to define the offense of domestic aggravated battery; to provide penalties for such offense; to provide for minimum periods of imprisonment for certain offenses; to provide that certain sentences of imprisonment shall not be suspended, stayed, probated, deferred, or withheld; to change certain provisions relating to applicability of certain conduct with respect to the administration of corporal punishment; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Crimes Against Family Members Act of 1998."
SECTION 2. Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the crimes of assault and battery, is amended by striking Code Section 16-5-20, relating to the crime of simple assault, and inserting in lieu thereof a new Code Section 16-5-20 to read as follows:
"16-5-20.
(a) A person commits the offense of simple assault when he or she either: (1) Attempts to commit a violent injury to the person of another; or (2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury.
(b) Except as provided in subsection subsections (c)j (d), and (e) of this Code section, a person who commits the offense of simple assault shall be guilty of a misdemeanor. (c) Any person who commits the offense of simple assault in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, 'public transit vehicle' means a bus, van, or rail car used for the transportation of passengers within a system which receives a subsidy from tax revenues or is operated under a franchise contract with a county or municipality of this state. (d) If the offense of simple assault is committed between past or present spouses, per sons who are parents of the same child, parents and children, stepparents and stepchil dren, or foster parents and foster children, then such offense shall constitute the offense of domestic assault. Expressions of intent to impose corporal punishment, not rising to the level of a violent injury, upon a child by a parent, guardian, or other person standing in loco parentis shall not constitute domestic assault. Any person who commits the offense of domestic assault shall, upon conviction thereof, be punished for a misde meanor of a high and aggravated nature and, if the defendant is sentenced to imprison ment, such punishment shall be as follows:
(1) Upon a first conviction of domestic assault, the defendant shall receive a mini mum sentence of imprisonment of five days which shall not be suspended, stayed, pro bated, deferred, or withheld; provided, however, that, if the court finds that the person to be sentenced is gainfully employed and is a primary financial supporter for his or her family, the court may order that the full sentence be served on nights or weekends so that the employment is not lost; (2) Upon a second conviction of domestic assault against the same or another victim, the defendant shall receive a minimum sentence of imprisonment of 30 days which shall not be suspended, stayed, probated, deferred, or withheld; and (3) Upon a third or subsequent conviction of domestic assault against the same or another victim, the defendant shall receive a minimum sentence of imprisonment of six months which shall not be suspended, stayed, probated, deferred, or withheld. (e) Any person who commits the offense of simple assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature."

2694

JOURNAL OF THE HOUSE,

SECTION 3. Said article is further amended by striking in its entirety Code Section 16-5-21, relating to the crime of aggravated assault, and inserting in lieu thereof a new Code Section 16-5-21 to read as follows:
"16-5-21.
(a) A person commits the offense of aggravated assault when he or she assaults: (1) With intent to murder, to rape, or to rob; (2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; or (3) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.
(b) Except as provided in subsections (c), (d), (e), (f), (g), fl*d (h)t and (i} of this Code section, a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years. (c) A person who knowingly commits the offense of aggravated assault upon a peace officer while the peace officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (d) Any person who commits the offense of aggravated assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years.
(e)(l) As used in this subsection, the term 'correctional officer' shall include superin tendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Stan dards and Training Council pursuant to Chapter 8 of Title 35 and employees of the Department of Juvenile Justice who are known to be employees of the department or who have given reasonable identification of their employment. (2) A person who knowingly commits the offense of aggravated assault upon a correc tional officer while the correctional officer is engaged in, or on account of the perform ance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (f) Any person who commits the offense of aggravated assault in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. For purposes of this Code section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20. (g) A person convicted of an offense described in paragraph (3) of subsection (a) of this Code section shall be punished by imprisonment for not less than five nor more than
20 years. (h) Any person who commits the offense of aggravated assault involving the use of a firearm upon a student or teacher or other school personnel within a school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than
20 years. (i) If the offense of aggravated assault is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and step children, or foster parents and foster children, then such offense shall constitute the offense of domestic aggravated assault. Any person who commits the offense of domestic aggravated assault shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years and shall be subject to a minimum mandatory period of imprisonment as follows:
(1) Upon a first conviction of domestic aggravated assault, the defendant shall receive a minimum sentence of imprisonment of ten days which shall not be suspended, stayed, probated, deferred, or withheld; provided, however, that, if the court finds that the person to be sentenced is gainfully employed and is a primary financial supporter for his or her family, the court may order that the full sentence be served on nights or weekends so that the employment is not lost;

THURSDAY, MARCH 19, 1998

2695

(2) Upon a second conviction of domestic aggravated assault against the same or another victim, the defendant shall receive a minimum sentence of imprisonment of 60 days which shall not be suspended, stayed, probated, deferred, or withheld; and (3) Upon a third or subsequent conviction of domestic aggravated assault against the same or another victim, the defendant shall receive a minimum sentence of imprison mheeldn.t"of one year which shall not be suspended, stayed, probated, deferred, o~r w--i--th--

SECTION 4. Said article is further amended by striking in its entirety Code Section 16-5-23, relating to simple battery, and inserting in lieu thereof a new Code Section 16-5-23 to read as fol lows:
"16-5-23.
(a) A person commits the offense of simple battery when he or she either: (1) Intentionally makes physical contact of an insulting or provoking nature with the person of another; or (2) Intentionally causes physical harm to another.
(b) Except as otherwise provided in subsections (c), (d), and (e)i and (Q of this Code section, a person convicted of the offense of simple battery shall be punished as for a misdemeanor. (c) Any person who commits the offense of simple battery against a person who is 65 years of age or older or against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. (d) Any person who commits the offense of simple battery in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20. (e) Any person who commits the offense of simple battery against a police officer, law enforcement dog, correction officer, or detention officer engaged in carrying out official duties shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. (f) If the offense of simple battery is committed between past or present spouses, per sons who are parents of the same child, parents and children, stepparents and stepchil dren, or foster parents and foster children, then such offense shall constitute the offense of domestic simple battery, shall be punishable as for a misdemeanor of a high and aggravated nature, and shall be subject to a minimum mandatory period of imprison ment as follows:
(1) Upon a first conviction of domestic simple battery, the defendant shall receive a minimum sentence of imprisonment of five days which shall not be suspended, stayed, probated, deferred, or withheld; provided, however, that, if the court finds that the person to be sentenced is gainfully employed and is a primary financial supporter for his or her family, the court may order that the full sentence be served on nights or weekends so that the employment is not lost; (2) Upon a second conviction of domestic simple battery against the same or another victim, the defendant shall receive a minimum sentence of imprisonment of 15 days which shall not be suspended, stayed, probated, deferred, or withheld; provided, how ever, that, if the court finds that the person to be sentenced is gainfully employed and is a primary financial supporter for his or her family, the court may order that the full sentence be served on nights or weekends so that the employment is not lost; and (3) For a third or subsequent conviction of domestic simple battery against the same or another victim, the defendant shall receive a minimum sentence of imprisonment of 60 days which shall not be suspended, stayed, probated, deferred, or withheld. In no event shall this subsection be applicable to corporal punishment administered by a parent or guardian to a child or administered by. a person acting in loco parentis unless such person is expressly forbidden from administering corporal punishment by such child's parent or guardian."

2696

JOURNAL OF THE HOUSE,

SECTION 5. Said article is further amended by striking Code Section 16-5-23.1, relating to the crime of battery, and inserting in lieu thereof a new Code Section 16-5-23.1 to read as follows:
"16-5-23.1.
(a) A person commits the offense of battery when he or she intentionally causes sub stantial physical harm or visible bodily harm to another. (b) As used in this Code section, the term 'visible bodily harm' means bodily harm capable of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, or substantial bruises to body parts. (c) Except as provided in subsections {d}; {e}; iffa and {g} (d) through (j) of this Code section, a person who commits the offense of battery is guilty of a misdemeanor. (d) Upon the second conviction for battery against the same victim, the defendant shall be punished by imprisonment for not less than ten days nor more than 12 months, by a fine not to exceed $1,000.00, or both. The minimum sentence of ten days for a second offense shall not be suspended, probated, deferred, stayed, or withheld; provided, how ever, that it is within the authority and discretion of the sentencing judge to:
(1) Allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; or (2) Suspend, probate, defer, stay, or withhold the minimum sentence where there exists clear and convincing evidence that imposition of the minimum sentence would either create an undue hardship upon the defendant or result in a failure of justice. (e) Upon a third or subsequent conviction for battery against the same victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years. The minimum sentence provisions contained in sub section (d) of this Code section shall apply to sentences imposed pursuant to this sub section. (f) If the offense of battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same house hold, then such offense shall constitute the offense of family violence battery and shall be punished as follows: (1) Upon a first conviction of family violence battery, the defendant shall be guilty of and punished for a misdemeanor of a high and aggravated nature and shall be sub ject to a minimum sentence of imprisonment of ten days which shall not be sus pended, stayed, probated, deferred, or withheldr; provided, however, that, if the court finds that the person to be sentenced is gainfully employed and is a primary financial supporter for his or her family, the court may order that the full sentence be served on nights or weekends so that the employment is not lost; and (2) Upon a second or subsequent conviction of family violence battery against the same or another victim, the defendant shall be guilty of a felony and shall be pun ished by imprisonment for not less than one nor more than five years; provided, how ever, that the defendant shall be subject to a minimum sentence of imprisonment of 60 days for a second conviction and one year for a third or subsequent conviction which minimum periods of imprisonment shall not be suspended, stayed, probated, deferred, or withheld. In no event shall this subsection {f} be applicable to reasonable corporal punishment administered by a parent or guardian to a child or administered by a person acting in loco parentis unless such person is expressly forbidden from administering corporal pun ishment by such child's parent or guardian. (g) Any person who commits the offense of battery in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20.

THURSDAY, MARCH 19, 1998

2697

(h) Any person who commits the offense of battery against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. (i) Any person who commits the offense of battery against a teacher or other school per sonnel, engaged in the performance of official duties or while on school property shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years or a fine of not more than $10,000.00, or both. (j) Any person who commits the offense of battery against a person who is 65 years of age or older shall, upon conviction thereofTbe punished for a misdemeanor of a high and aggravated nature."
SECTION 6. Said article is further amended by striking in its entirety Code Section 16-5-24, relating to the crime of aggravated battery, and inserting in lieu thereof a new Code Section 16-5-24 to read as follows:
"16-5-24.
(a) A person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof. (b) Except as provided in subsections (c), (d), (e), (f), and (g)j and (h) of this Code sec tion, a person convicted of the offense of aggravated battery shall be punished by imprisonment for not less than one nor more than 20 years. (c) A person who knowingly commits the offense of aggravated battery upon a peace officer while the officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 20 years. (d) Any person who commits the offense of aggravated battery against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.
(e)(l) As used in this subsection, the term 'correctional officer' shall include superin tendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Stan dards and Training Council pursuant to Chapter 8 of Title 35 and employees of the Department of Juvenile Justice who are known to be employees of the department or who have given reasonable identification of their employment. (2) A person who knowingly commits the offense of aggravated battery upon a correc tional officer while the correctional officer is engaged in, or on account of the perform ance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 20 years. (f) Any person who commits the offense of aggravated battery in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. For purposes of this Code section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20. (g) Any person who commits the offense of aggravated battery upon a student or teacher or other school personnel within a school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 shall, upon conviction thereof, be pun ished by imprisonment for not less than five nor more than 20 years. (h) If the offense of aggravated battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and step children, or foster parents and foster children, then such offense shall constitute the offense of domestic aggravated battery. Any person who commits the offense of domestic aggravated battery shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years and shall be subject to a minimum mandatory period of imprisonment as follows: (1) Upon a first conviction of domestic aggravated battery, the defendant shall receive a minimum sentence of imprisonment of one year which shall not be suspended, stayed, probated, deferred, or withheld; and

2698

JOURNAL OF THE HOUSE,

(2) Upon a second or subsequent conviction of domestic aggravated battery against the same OT another victim, the defendant shall receive a minimum sentence of imprisonment of five years which shall not be suspended, stayed, probated, deferred. or withheld."
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.

Representative Skipper of the 137th moved that the House adopt the report of the Committee of Conference on SB 510.
On the motion, the roll call was ordered and the vote was as follows:

N Alien Anderaon
NAshe Bailey
N Bannister NBaifoot N Barnard YBames N Bates Y Benefield
Birdsong N Bohannon Y Bordeaux N Bradford N Breedlove N Bridges Y Brooks N Brown EBuck N Buckner NBunn N Burkhalter NByrd N Campbell N Canty NCash N Channel! Y Childera N Clark NCoan N Coleman, B N Coleman, T Y Conneli N Cooper
Crawford N Crews

N Culbreth Y Cummirigs
Y Davis, G N Davis, M NDay N DeLoach, B N DeLoach, G NDix NDiion YDobbs Y Dukes N Ehrhart YEpps N Evans N Everett N Felton N Floyd N Franklin N Golden N Graves
Greene Grindley N Hammontree Y Manner N Harbin Y Heard YHecht YHeckstall N Hegstrom YHenson Y Holland Y Holmes Y Houston Howard
N Hudgens N Hudson, H

Y Hudson, N Y Hugley NIrvin
Jackson Y James Y Jamieson N Jenkins
Johnson N Johnston
Jones N Joyce NKaye NLadd NLakly NLane YLee N Lewis NLord Y Lucas N Maddoi NMann N Manning N Martin, J N Martin, J.L NMassey YMcBee NMcCall Y McClinton Y McKinney N Mills N Mobley NMosley N Mueller Y O'Neal Y Orrock YParham

NParrish N Parsons Y Pelote N Perry N Pinholster YPoag YPolak N Ponder Y Porter N Powell YPurcell NRagas YRandall YRay Y Reaves N Reichert NRice N Richardson N Roberts N Rogers Y Royal
Sanders N Sauder N Scarlett N Scheid N Scott N Shanahan NShaw Y Sherrill N Shipp YSims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W N Smith, L

N Smith, L.R Y Smith, P N Smith, T N Smith, V
Smyre NSnelling NSnow YStallings Y Stancil, F N Stancil, S
Stanley, L Y Stanley, P
N Stephens Y Taylor NTeague YTeper Y Thomas NTfflman N Titus N Tolbert
NTrense Y Tumquest YTwiggs Y Walker, L N Walker, R.L
Y Watson YWest N Westmorland N Whitaker N Wiles Y WiUiams, B Y Williams, J N Williams, R NWorthan NYates
Murphy, Spkr

On the motion, the ayes were 59, nays 106.
The motion was lost and the report of the Committee of Conference on SB 510 was rejected.

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 following report of the Committee of Conference was read:

THURSDAY, MARCH 19, 1998

2699

COMMITTEE OF CONFERENCE REPORT ON HB 1448

The Committee of Conference on HB 1448 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1448 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Joey Brush Senator, 24th District

/s/ B. E. Parham Representative, 122nd District

/s/ Steve Thompson Senator, 33rd District

M Ben Harbin Representative, 113th District

/s/ Jack Hill Senator, 4th District

M Williams Representative, 114th District

A BILL
To amend Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to motor vehicle self-insurers, so as to change certain provisions relating to an exception applicable to taxicab self-insurers located in counties with populations of 400,000 or less; to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, so as to include certain vehicles in the required use of such safety belts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 40-9-101 of the Official Code of Georgia Annotated, relating motor vehicle self-insurers, is amended by striking subparagraph (a)(3)(G) and inserting in lieu thereof the following:
"(G) Until December 31, -199? 1998, the provisions of subparagraph (C) of this para graph shall not apply to taxicab self-insurers which were located in counties with populations of 400,000 or less according to the United States decennial census of 1990 or any future such census and were licensed by the Commissioner of Insurance on December 31, i996 1997."
SECTION 2. Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, is amended by striking subsection (a) and inserting in lieu thereof the following:
"(a) As used in this Code section, the term 'passenger vehicle' means every motor vehi cle designed to carry ten passengers or less and used for the transportation of persons, including sports utility vehicles, but shall not mean pickup trucks, motorcycles, motor driven cycles, or vehicles equipped for off-road use, provided that the term 'passenger vehicle' includes pickup trucks for any occupant who is under 18 years of age."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Harbin of the 113th moved that the House adopt the report of the Committee of Conference on HB 1448.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien
Anderaon YAshe

Y Bailey
N Bannister YBarfoot

N Barnard
Bames Y Bates

Y Benefield
Birdsong N Bohannon

Bordeaux
Y Bradford N Breedlove

2700

JOURNAL OF THE HOUSE,

N Bridges N Brooks N Brown EBuck Y Buckner N Bunn N Burkhalter NByrd N Campbell N Canty NCash YChannell Y Childere N Clark NCoan N Coleman, B Y Coleman, T YConneU Y Cooper N Crawford N Crews Y Culbreth Y Cununings Y Davis, G N Davis, M NDay NDeLoach, B N DeLoach, G NDii NDiion YDobbs N Dukes N Ehrhart

YEpps N Evans N Everett N Felton NFloyd N Franklin
Golden Y Graves
Greene N Grindley N Hammontree N Manner Y Harbin Y Heard NHecht YHeckstaU Y Hegstrom YHenson Y Holland Y Holmes Y Houston
Howard
N Hudgens Y Hudson, H N Hudson, N Y Hugley Ylrvin
Jackson Y James Y Jamieson
Y Jenkins Johnson
N Johnston

N Joyce NKaye YLadd NLakly YLane YLee N Lewis YLord N Lucas N Maddoz NMann Y Manning Y Martin, J Y Martin, J.L NMassey YMcBee NMcCail Y McClinton
McKinney N Mills Y Mobley NMosley N MueUer YO'Neal YOrrock YParham YParrish Y Parsons YPelote Y Perry N Pinholster YPoag

YPolak Y Ponder Y Porter N Powell YPurcell YRagas YRandall NRay N Reaves Y Reichert NRice N Richardson N Roberts Y Rogers N Royal
Sanders Y Sauder
Scarlett N Scheid N Scott YShanahan NShaw YSherriU
YShipp NSims Y Sinkfield N Skipper Y Smith, C Y Smith, C.W N Smith, L N Smith, L.R Y Smith, P N Smith, T

N Smith, V Smyre
N Snelling YSnow YStallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P
Stephens Y Taylor NTeague YTeper N Thomas NTillman N Titus Y Tolbert
NTrense Y Turnquest YTwiggs
Walker, L
N Walker, R.L Y Watson YWest N Westmoreland N Whitaker N Wiles Y Williams, B Y Williams, J Y Williams, R N Worthan NYates
Murphy, Spkr

On the motion, the ayes were 82, nays 80.
The motion was lost and the report of the Committee of Conference on HB 1448 was rejected.

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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1253

The Committee of Conference on HB 1253 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of
Conference Substitute to HB 1253 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Donzella J. James Senator, 35th District

/s/ Lynmore James Representative, 140th District

/s/ Bowen Senator, 13th District

/s/ W. N. Hudson Representative, 156th District

/s/ Loyce W. Turner Senator, 8th District

/s/ Henry L. Reaves Representative, 178th District

THURSDAY, MARCH 19, 1998

2701

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. (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. (6) 'State nutrition information organization' means an established nonprofit charita ble 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 its mis sion, fosters and promotes general health through nutrition education of the public.
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 and all administrative costs shall be reimbursed to the department from the funds described in subsection (a) of this Code section. (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.

2702

JOURNAL OF THE HOUSE,

(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. The department may allow a state nutrition information organization to provide free nutrition education as part of the program to 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 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.

Representative James of the 140th moved that the House adopt the report of the Committee of Conference on HB 1253.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Andenon
YAshe Y Bailey

N Bannister Y Barfoot Y Barnard Y Barnes

Y Bates Y Benefield
Birdsong Y Bohannon

Y Bordeaux Y Bradford Y Breedlove Y Bridges

Y Brooks Y Brown E Buck Y Buckner

THURSDAY, MARCH 19, 1998

NBunn Y Burkhalter YByrd
Y Campbell Y Canty YCash YChanneU Y Childers Y Clark NCoan YColeman, B
Y Coleman, T YConnell Y Cooper
Crawford Y Crews YCulbreth Y Cununings Y Davis, G N Davis, M
YDay DeLoach, B
Y DeLoach, G YDfc YDixon YDobbs Y Dukes NEhrhart
YEpps N Evans YEverett Y Felton

YFloyd N Franklin Y Golden Y Graves YGreene YGrindley Y Hammontree Y Banner 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
Jackson Y James Y Jamieson YJenkins
Johnson N Johnston
Jones N Joyce
Kaye

NLadd Lakly
YLane YLee Y Lewis YLord Y Lucas YMaddox YMann Y Manning Y Martin, J Y Martin, J.L
YMassey YMcBee
McCall Y McClinton
McKinney YMilfc Y Mobley Y Moeley 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 Randall
YRay Y Reaves Y Reichert NRice Y Richardson Y Roberts
Y Rogers Y Royal
Sanders
Y Sauder 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
Smith, T Smith, V

On the motion, the ayes were 145, nays 12. The motion prevailed.

2703
Smyre YSnelling YSnow
Stallings 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
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 NYates
Murphy, Spkr

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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1430

The Committee of Conference on HB 1430 recommends that both houses recede from their respective positions and adopt the Senate Transportation Committee substitute to HB 1430 (LC 25 1031S) with the attached amendment.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

M Billy Ray Senator, 48th District

/s/ Alan Powell Representative, 23rd District

/s/ Jack Hill Senator, 4th District

/s/ B. E. Parham Representative, 122nd District

/s/ C. Tanksley Senator, 32nd District

M Roberts Representative, 162nd District

2704

JOURNAL OF THE HOUSE,

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 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 registration periods; to change certain provisions relating to commemorative license plates; to change the definition of dealer; 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 relating 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 define certain terms; to provide for enrollment, registration, and licensing of fleets of motor vehicles under certain conditions; to change certain provisions relating to consular corps license plates; to change certain pro visions relating to special license plates for Medal of Honor winners; to change certain pro visions relating to special license plates for disabled veterans not qualifying under Code Section 40-2-69; to change certain provisions 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 alterna tive 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 relat ing 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 Harbor; to change certain provisions relating to spe cial and distinctive license plates for veterans; to change certain provisions relating to spe cial 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 requirement for certificate of title; to change certain provisions relating to lost, stolen, mutilated, or destroyed certificates of title; to change certain provi sions 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, inspec tions, fees, exemption of motorcycles, and glider kits; to provide that certain driver educa tion vehicles shall not be required to obtain a certificate of title; 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 enforcement 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 change certain provisions regarding the return of motor vehicles for ad valo rem taxation and payment of such taxes; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 19, 1998

2705

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; Meter Vehicle Division ef- the DcportBanftden"t ef Revenue, or office or agency responsible for the filing or recording of liensT]
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){l} 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 estd 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 Jo 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.

2706

JOURNAL OF THE HOUSE,

(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, 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 er leased motor vehicle; or a court ordered sale or other invoiunwiry truisi6r, ft 9&ivfl motor vcfiiciCj OF ft DUOtor vciiidc wiiicii is strOicii out subsequently recovered by the insurance company after payment ef- a total less ekmay the lienholder er lesser; or the transferor; the salvage dealer; er insurer, respectively, shall not be required to provide the certificate of registration for such vehicle; but stteh a person ef entity ether then 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 4A. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 40-2-21, relating to registration periods, and inserting in lieu thereof the following:
"(1) 'Registration period' means: (A) In all counties except those for which a local Act has been enacted pursuant to this Code section: (i) For natural persons, the 30 day period ending at midnight on the birthday of the owner whose surname appears first on the certificate of title or other record of ownership; or (ii) For entities other than natural persons: (I) The month of January for the owner whose name begins with the letter A or B; (II) The month of February for the owner whose name begins with the letter C orD; (III) The month of March for the owner whose name begins with the letter E or F;

THURSDAY, MARCH 19, 1998

2707

(IV) The month of April for the owner whose name begins with the letter G orH; (V) The month of May for the owner whose name begins with the letter I or
J;
(VI) The month of June for the owner whose name begins with the letter K or L; (VII) The month of July for the owner whose name begins with the letter M orN; (VIII) The month of August for the owner whose name begins with the letter OorP; (I)) The month of September for the owner whose name begins with the letter QorR; ()) The month of October for the owner whose name begins with the letter S orT; ()I) The month of November for the owner whose name begins with the letter U, V, or W; and ()II) The month of December for the owner whose name begins with the letter X, Y, or Z; or (iii) The provisions of divisions (i) and (ii) of this subparagraph notwithstanding, December 1 through February 15 for vehicles in excess of 26,000 pounds which are owned by natural persons or entities other than natural persons; or (B) In those counties which are authorized by a local Act enacted pursuant to this Code section to have a four-month staggered registration period: (i) For natural persons: (I) The month of January for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of January, February, or March; (II) The month of February for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of April, May, or June; (III) The month of March for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of July, August, or September; and (IV) The month of April for the owner whose surname appears first on the cer tificate of title or other record of ownership and whose birthday is in the month of October, November, or December; or (ii) For entities other than natural persons: (I) The month of January for the owner whose name begins with the letter A, B, C, or D; (II) The month of February for the owner whose name begins with the letter E, F, G, H, I, J, or K;
(III) The month of March for the owner whose name begins with the letter L, M, N, O, P, Q, or R; and
(IV) The month of April for the owner whose name begins with the letter S, T, U, V, W, X, Y, or Z; or
(iii) The provisions of divisions (i) and (ii) of this subparagraph notwithstanding, December 1 through February 15 for vehicles in excess of 26,000 pounds which are owned by natural persons or entities other than natural persons; or
(C)(i) In those counties which are authorized by a local Act enacted pursuant to this Code section not to have staggered registration periods, January 1 through April 30.
(ii) The provisions of division (i) of this subparagraph notwithstanding, December 1 through February 15 for vehicles in excess of 26,000 pounds which are owned by natural persons or entities other than natural persons.
For purposes of determining the registration period of an owner which is an entity other than a natural person in subparagraphs (A) and (B) of this paragraph, the owner shall be deemed to be the owner whose name appears first on the certificate

2708

JOURNAL OF THE HOUSE,

of title or other record of ownership. Any other provision of this paragraph notwith standing, registration of vehicles under the International Registration Plan shall be as provided by Code Section 40-2-88i and registration of vehicles under the fleet registra tion plan shall be as provided b^ Article 2A of this chapter."
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 than $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 paragraph (1) of subsection (a) of Code Section 40-2-39, relating to registration and licensing of new motor vehicle dealers, and inserting in lieu thereof the following:
"(1) 'Dealer' means any person engaged in the business of selling or leasing or offering to sell or lease new motor vehicles and who is licensed or otherwise authorized to uti lize trademarks or service marks associated with one or more makes of motor vehicles in connection with such sales or leases. The term 'dealer' shall not mean any person engaged solely in the business of selling used motor vehicles and shall not mean any person engaged in the solicitation, advertising, or financing of the sale of new motor vehicles and shall not mean any person engaged solely in activities as a manufacturer or distributor of new motor vehicles."
SECTION 7. 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 new sub sections (b) and (c) to read as follows:
"(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 subsequently acquired by the same peraen pen following that person's transfer 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 upon transfer ef a vehicle a person acquires a 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 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 shall may be transferred en!y during 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. (c) The commissioner shall provide appropriate procedures whereby, when the registered 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."

THURSDAY, MARCH 19, 1998

2709

SECTION 8. 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 any 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 9. 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 bj such transferor according to the provisions of Code Section 40-2-42 or 40-2-80, as applicable."
SECTION 10. 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. \fl/-- i lie \yiiy r /vtiont& And tne otAte of oeorfiQ n&vin occn selected oy inc .interns* tionol Olympic Committee te host the 1996 Olympic Games, there shall be isseed begin-
Tiftit 2"I .OWQOP --B--JJ--UU--"1U11 llilrvntinllnartil {nJlInB+I/nCnB "-fCrOt Un rUim lIlIiI>lCnIm IlUnrfHnl+/Cn tHVi>t?f VT>lrU>llfU1ilrI>l<gr V/vTf -Hfl1irCt 1LtOJ<OJ\fJl
(b) The commissioner ahatt prepare special distinctive license plates ef design ppre-
eeanty name deeal be affiaed- and displayed en aeenae plates iaaaed tmdef thia ede aee-

Gcojgia, pea complying with tise mete* vehicle tews relating te rogiotration and liccna
1D^ Of HlOlOf VCI&1C16S &IMz UpOH tfte pCtyiQCRe Gf ft m ftnuiflCtiiriH^ ICC Or HOt nftorv BfiCtu
spccioi license piste. JN otwiitistftndin^ &ny contrflry provisions of tocie becwoft sucJti spccicu license pieties mtiy Toe1 USCQ until uccem Def ot( AUUO) ftno. untix sucn as the ewne is required te reregister the vehicle 1007; *d revalidation deeafe pe payment ef an annual renewal fee ef net eaere than $26.00 in addition teaH ether
of colicction OT OLJICF rc^istFfition tees &nu feflMttcct to me store fts provideQ IR oocie occ~ tion 4U"i5TMo4j DC issued tor sucn spccioi license pifttcs ~Hi cftienet&r ycflrs iuy* inpou^tt
through 1006 seh special license ptetes may be transferred between vehicles aa provided in ede Section 40-2-80.
shall net be implemented until such time as the State of Georgia hear through ft liccna ing agreement er otherwise, received saeh licenses er ether pcrmisaions as may be required fer tin se ef the Olympic tege en license platea er as n>ay otherwise be neeeaaay er appropriate te implement thia Code section. he commissienef- is authorized, e

2710

JOURNAL OF THE HOUSE,

liccnaing agreement shall be approved by the Fiscal Affairs Subcommittees of the Senate &nd toe House of itepFCsentAtives DCiore uoin^f executed oy tiie commisslonev i* or the* purpoac of concluding such an agreement, the commissioner ay charge fees; tetetbe payment&f tAice otne? Actions* And AFCc to of impose cerium And conditions } wnicft normally be envisioned H licensing and cross-licensing agrccmenta tot *he -ase ef 6md simifftj? intellGctu&i propcrtyr w itnout timitAtiont tne commissioncr nifty ftilow to otneps tne exciusivc or nonexclusive use of *cne design of me commemoj?citive license pime^ including pfomo tiontii use snd mfly ft^ree to coiieet tnrougii loccu vstf agents and remit te the licensor ef ti Olympic tege er etiier designs any fee er royalty tnc licensor m&V1 cnflp^e to tfte license piftte purcfioser for sucn use* i ne design of tne commcmefattve license pkrte; excepting enly the Olympic tege and any ether part -ef tte design ewaed by ethers and licensed te the state, shall be owned- solely- by the State- efGcorgia fer its exclusive tise and control, except as authorized by-the commissieaef: The commissioiieF mcty ULKG sucn steps mfly De neccssflfy to ive notice ot und aeh right; including the copyright. However, soeh steps shall be cumulative of-the efSittp And exclusive use AIMI control estflDiisned oy tnis suDsection &s st mflttcr of iflw andne person shall reproduce er otherwise se saeh design; eaeept as authorized by 4he eommiooioncr. Reserved."
SECTION 11. 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) Upon transfer ef the ownership ef- a private passenger vehicle pen which there is
sucn ft tvcmsiev of ownersnip occursj snouid tne license piAte noider flCQuirc cmotnep 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 12. Said title is further amended by striking subsections (e) and (g) of Code Section 40-2-49, rekting to license plates promoting the Nongame-Endangered Wildlife Program of the Department of Natural Resources, and inserting in lieu thereof the following:
"(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 oubscqucntly acquired vehicle in accordance with the provisions of Code Section 40-2-42."
SECTION 12A. Said title is further amended by adding a new Article 2A to read as follows:
"ARTICLE 2A
40-2-50. (a) As used in this article, the term:
(1) 'Fleet' means 1,000 or more motor vehicles; and (2) 'Fleet registration plan' means the method of registering the motor vehicles of a fleet as provided in this article.
40-2-51.

THURSDAY, MARCH 19, 1998

2711

(a)(l) A corporation or firm which has an established place of business in this state or which is controlled by a parent corporation which has an established place of busi ness in this state and which owns or operates under a lease agreement a fleet which is not required to be registered under the International Registration Plan in accord ance with Article 3A of this chapter may enroll in the fleet registration plan and regis ter and obtain licenses to operate the motor vehicles in such fleet as provided in this article. (2) The provisions of this article for fleet enrollment, registration, and licensing shall not apply to any corporation or firm which leases or rents motor vehicles to other per sons for use thereby. (b)(l) Applications for enrollment of a fleet under the fleet registration plan may be submitted to the department in the form and manner prescribed thereby during the period of December 1 of the prior registration year to February 15 of the year for which the license plates are to be issued. Motor vehicles of a fleet shall be enrolled separately by classes and by counties where the vehicles are to be registered.
(2) (A) An applicant for enrollment of a fleet under the fleet registration plan shall pay a fleet enrollment fee of $200.00 for initial enrollment of the fleet. (B) If the applicant for enrollment of a fleet or the parent corporation or firm thereof has not had an established place of business in this state for a period of ten consecutive years or more, the applicant shall post a $25,000.00 surety bond at the time of applying for enrollment. (3) If the department determines that the applicant is eligible for fleet registration and proper application has been made, the department shall enroll the fleet, indicate the amount of license fees due for the fleet, validate the enrollment form or forms for the applicable county or counties, and mail the validated original enrollment form or forms with fees indicated to the applicant. Such enrollment shall be valid for a period which is concurrent with that period for which regular license plates are issued for use under Code Section 40-2-31. Thereafter, the department shall, prior to December 1 of each year of the enrollment period, mail the enrollee a statement of the amount of license fees due and payable during the forthcoming registration period for such fleet.
40-2-52.
(a) After receipt of a validated fleet enrollment form, the owner or operator of the enrolled fleet shall register and obtain licenses to operate the motor vehicles thereof dur ing the period of December 1 of the prior registration year to February 15 of the year for which the license plates are to be issued. (b) An applicant for registration of a vehicle of an enrolled fleet shall submit a validated original fleet enrollment form to the county tag agent in each county in which vehicles enrolled under the fleet registration plan are to be registered. (c) The provisions of Article 2 of this chapter for registering and licensing motor vehi cles generally which are not inconsistent with the provisions of this article shall apply to the registration and licensing of each vehicle of an enrolled fleet.
40-2-53.
(a)(l) Upon submission by the applicant of a validated original fleet enrollment form and compliance with all applicable requirements for registration and licensing of motor vehicles, the county tag agent shall issue to the applicant a fleet motor vehicle license plate for each vehicle of the fleet to be registered and licensed in such county. (2) The county tag agent shall mark the validated original fleet enrollment form as 'taxes paid' or 'tax exempt,' as applicable, and return such form to the registrant. (3) The registrant shall submit to the department the validated original fleet enroll ment form which has been marked as provided in paragraph (2) of this subsection. (b) Fleet motor vehicle license plates shall be similar in design to and issued for the same period as regular license plates issued under Code Section 40-2-31, except that such fleet motor vehicle license plates shall contain such words or symbols, in addition to the numbers and letters otherwise prescribed by law, so as to distinctively identify the motor vehicles on which they are placed as fleet motor vehicles. It shall be a

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JOURNAL OF THE HOUSE,

requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section. (c)(l) License plates issued under this Code section shall be renewed annually with a generic fleet revalidation decal. (2) The bond required under subsection (b) of Code Section 40-2-51 shall be required at the time of any renewal of such license plates if at the time of such renewal the registrant or the parent corporation or firm thereof has not had an established place of business in this state for a period of ten consecutive years or more, (d) License plates issued under this Code section shall be transferred between vehicles in the same manner as provided by Code Section 40-2-80 for special license plates issued under Article 3 of this chapter.
40-2-54.
(a) If a fleet registrant or the parent corporation or firm thereof has not had an estab lished place of business in this state for a period of ten consecutive years or more, the department or its designated agent shall annually conduct an audit of such fleet regis trant to ensure compliance with the requirements of this article which may include, without limitation, examination of records of all vehicles in a fleet, additions to or dele tions from a fleet since the most recent such audit, and proof of proper payment of or exemption from ad valorem taxes on fleet vehicles. The fleet registrant shall bear the cost of or reimburse the department for the expenses of any audit required by this sub section. (b) The department or its designated agent may perform an audit of any fleet registrant to ensure compliance with the requirements of this article which may include, without limitation, examination of records of all vehicles in a fleet, additions to or deletions from a fleet since the most recent such audit, and proof of proper payment of or exemption from ad valorem taxes on fleet vehicles.
40-2-55.
An enrollment of a fleet in the fleet registration plan shall be terminated by the depart ment in the event:
(1) The department determines on the basis of an audit that fees for registration and licensing are not paid as required for 20 percent or more of the vehicles in any class of vehicles in the fleet or of those vehicles of the fleet registered in a county; (2) The department determines on the basis of an audit that fees for registration and licensing are not paid as required for 5 percent or more of the total vehicles in the fleet; (3) Of the conviction of the fleet registrant for any unlawful use of any license plate issued for a fleet vehicle; (4) Of the failure of the fleet registrant to pay ad valorem taxes as required for any fleet vehicle; (5) Of the failure of the fleet registrant to pay enrollment fees as required; or (6) Of the forfeiture of the surety bond required under Code Section 40-2-52 or 40-2-53."
SECTION 13. 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 *e honorary 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, shall be issued two honorary consular corps license plates; Consular officials who ate citizens ef- the country they represent she)} be issued stteh 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

THURSDAY, MARCH 19, 1998

2713

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) 3%e commiasieaef may begw issuing consular eerps- license plates- for the year 1076 afiid 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 14. 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 by the MeeM ef- Hener recipient as provided in Code Section 40-2-80."
SECTION 15. 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 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 16. 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 aubocqucntly acquired by stteh disabled vcter-an as provided in Code Section 40-2-80."

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SECTION 17. 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 18. 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 stteh person as provided in Code Section 40-2-80."
SECTION 19. 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 aubaoqucntly acquired by sefe perse as provided in Code Section 40-2-80."
SECTION 20. 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 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 $eXM& $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 $60.00 $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."

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SECTION 21. Said title is further amended by striking 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:
"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 42 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. 3%e serial numbcra shall commence with tfee number eae and continue in consecutive numerical acqucncc. (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 cari truck weighing less than 14.000 pounds, or motorcycle, as applicable, before issu ing these plates in lieu of the regular Georgia license plate. \G) Upon tftc sftic Qt trflnsrer of flny ontiQUC venicie OP nouoy OP spcciQi interest vcmcic for which special license plates have keen issued te a person and the subsequent acquioi tie* ef another antique ef hobby or special interest vehicle by the sasse person, fee Spe cial plates issued under this Code section shall be transferred to the 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."
SECTION 22. 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:
^D^(1J LJpOH tPfinSieF Or tne OWHCFSnip Or ft pPlVfltC pdS9CTl6F VGJllClC Upon WfllCfl
tftere ift ft license plQte distinctively iden11tyin^f cfte owner tncreor ft& ft certified fircfightcf aad acquisition fey the certified fircfightcr ef 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 23. 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 ?%e 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

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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 pen follow ing that person's transfer 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 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 b such person, then upon payment by such person of any additional fee for registering such acquired vehicle, the 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 24. 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:

pFCStlC 11CCI186 plOXG CUlu tine SU DSetJUCnI: joint ftCfJU19111OH Or ft JftOrOf VCftlClC itt tilC
pursuant te this article and the staae ether previous joint owner; the license plate Spe 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 25. 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 $4&96 $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, apen transfer ef tine ownership of private paaacngcr vehicle pen which there is a license plate distinctively identifying
use tnc pi&te sn&ii tfiercHoy i&e c&nceieu} nowevert Bitef sucn ~ft Wflnsicr of owncrsnip
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

THURSDAY, MARCH 19, 1998

2717

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 26. 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:
"(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 this subsection, pen transfer of the ownership ef ft private passenger vehicle pen which there is ft license plate diatinctivcly identifying

JMQtC SilCUi tftGTGDy i9& CflUCClCQJ IIOWCVC11 ftlvCF 9UCI1 ft
SflOUxQ tn6 VCrCfftft flCQUttC flHOtllCf DHOt-Of VCIllClCj MIC 1 116 11C6HSC piO.T ISSUGu
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 27. 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 this subsection, pe transfer ef- the ownership ef

use tiic piste SIIQJ.I Micro Dy i&c cflncciccti 110wevcr} flttc? sucii ft trsiisicr of owuorsnip pursuant to this Code section shall be transferred between vehicles as provided in Code

2718

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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."
SECTION 28. 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.
\ft/ OUDjeCt tO 8UDSeCt1OH idj Or 11119 OOuC 9CCtlOH ( IHOtO VttlCie OWIiCPS 'WHO ftf fOfllTM
dents ef the State ef Georgia and whe are emergency medical tcchniciano duly licensed by this atatc, upen application accompanied by proof- ef- ownership of- such license and upon lull compiiftnce witn vne stfltc motop vehicle iftws m peiftuon TO PC^istPftcion ftnd
licensing Or mOtOP VeHlClCS &nd Upon pftYDieHe Or All fiddluOnftl ICC Or $4UiUU) 9Aftxi i&e
issued a license plate fer a private paascngcr vehicle upen which shaH be inscribed a distinctivc insignia and the tetters 'EMT.' The commissienef may consult with any organizatiena roprcacnting emergency medical technicians and- with cmcr-gcncy medical technicians residing at this state in the design ef the special license plate authorized by this aubncction. \o/--upon tPfinBiep OT uie owiiepsiiip Or ft pnvftte pfl99engep venicfte upon WHICH move is a special license plate as provided at subsection {a} ef this Code section and acquiaition wy me cmepcncy m60,iccu t^cimiciAii or flnot/ftcr motor vcniciC) tftc license pi&Be issued pursuant te thfe Code seWe shaH be transferred between vehicles as provided Code Section 40-2-80. (c) Special license plates issued tder this Code section shaU be renewed annually wife a rcvalidation deeal as provided Code Section 40-2-81 pen payment ef an additional

vn tllfie Or COllCCvlOn *r OtttCJ PC^19tffttiOft ICOS Ulu FCUllt>t^U fO bilC 9v&tC ftS pFOVluCCl
tfi vjOQC ocction 4v~fi~o-t= iv 9ttcui DC ft rctjuipcmdit- tftot ft county xiftme decox sntiti v& affixed and displayed en Heese plates issued ndr this Code section. (d) The commiaaiener ahaH retain all applications fer sueh special emergency medical technicians' license plates until a minimum ef 266 applications have been received, ff
uA&n uUly OT of me ye&p preceding tftc yeftp of issuftnce ot sucn piftteS) fio sucn opocioi pktes shall be issued and all fees shall be refunded te applicants. Such license -plates
and liccnoing ef meter vehicles as prescribed Article 2 ef this chapter. Ne emergency medical technician shaH be entitled te mere than ene special- and- distinctive meter- vehiete license plate. Reserved."
SECTION 29. 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) Upon transfer- ef the ownership ef a private paaocngcr vehicle apen which there a special license plate as provided in subsection (a) ef this Code section, such plate- shaft be removed and fee authority te use the plate shall thereby be canceled; provided, hewcveFj cnut flifcCTM SUCA ft tPflnsiep of ownepsnip occursj sfiouid T&e license piftte Holder acquire another meter vehicle, fee The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80."
SECTION 30. 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:

THURSDAY, MARCH 19, 1998

2719

"(c) ypen transfer ef- the ownership ef private paaaengcr vehicle -upon -which there is a special license pktte as provided in subsection {a} of this Code section, such plate shaft be removed ad the authority te use the plate shaH thereby be canceled; provided, hew-
CVGPj unit ftltCF SUCfl ft tFflUSieP Or OWUCFSillp OCCUrs j SflOUlCl tlie license plQte nOldCF
acquire another Bteter 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 31. Said title is further amended by striking paragraph 2 of Code Section 40-3-4, relating to exclusions from requirement for certificate of title, and inserting in lieu thereof the follow ing:
"(2) A vehicle owned by a manufacturer of or dealer in vehicles and held for sale, even though incidentally used on the highway or used for purpose of testing or dem onstration; a vehicle owned by a dealer in vehicles but used by any Georgia public or private school for driver education purposes: or a vehicle used by a manufacturer solely for testing; except that all dealers acquiring new vehicles after July 1, 1962, from a manufacturer for resale shall obtain such evidence of origin of title from the manufacturer as the commissioner shall by rule and regulation prescribe;"
SECTION 32. 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:
Iv^j^ij A security interest m or lien fl&mst ft veiiicie WHICH ts su ojcct to tne
feeted en er before the date saeh vehicle becomes subject te the operation ef- safe-
^PtlpA \A/ Of C1119 pftf&FAp11 9Hflll 1ftp96 11111693 ft notice Or 9UCI)
illtopest OP lion is tiled with Tiie cODUDMssioner wicfiin ow d&ys from Tne d&te SUCR vehicle becomes subject te the exclusion provided for in aubporagfaph (A) ef this paragraph. {iiKi) 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. {iaKii) 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 33. 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- $&Q8 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

2720

JOURNAL OF THE HOUSE,

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 34. 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 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 35. 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 36. 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 laws 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 37. 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 $6.00 filing fee as provided by Code Section 40-3-38, by registered er 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

THURSDAY, MARCH 19, 1998

2721

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 38. 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' ittgj 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 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 e 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 or certified mail receipt as proof of compliance with this Code section."
SECTION 39. 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 striking subparagraph (a)(2)(A) and inserting in its place a new subparagraph (a) (2) (A) to read as follows:
"(A) A motor vehicle shall not be returned for taxation and no ad valorem taxes shall be due, payable, or collected at the time a vehicle is registered during any ini tial registration period for such vehicle tmless th date of purchase or *hef acquiaiiion of n& motor vehicle OF TR dfltc of fl.ppiicfl.tion tor sucn on UIITICU PCistrfl.t'ion eeetss w4thi the owner's registration period as defined paragraph (1} ef- subscetk te) ef Geete Seetkm 40-2-21."
SECTION 40. 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. Section 4A and Section 12A of this Act shall become effective on December 1, 1998. Section 21 of this Act shall become effective on January 1, 1999. 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 41. All laws and parts of laws in conflict with this Act are repealed.

Attached amendment:

Amend the Senate Transportation Committee substitute to HB 1430 by inserting "to change certain provisions relating to special license plates, legislative findings, rules and regulations, and fees;" after "plates;" on lint: 32 of page 1; by inserting "to provide for spe cial license plates honoring United States armed forces veterans of the Chosin Reservoir Campaign of 1950 in North Korea;" after "veterans;" on line 19 of page 2; and by inserting between Section 12A and Section 13 the following:

2722

JOURNAL OF THE HOUSE,

"SECTION 12B. Said title is further amended by striking '1,000' in subsection (b) of Code Section 40-2-60.1, relating to special license plates, legislative findings, rules and regulations, and fees, and inserting '500' in lieu thereof.".
By inserting between Section 27 and Section 28 the following:
"SECTION 27A. Said title is further amended by adding a new Code Section 40-2-85.2 to read as follows:
'40-2-85.2.
(a) On and after January 1, 1999, motor vehicle owners who are United States armed forces veterans of the Chosin Reservoir Campaign of 1950 in North Korea shall be eligi ble to receive special and distinctive vehicle license plates for private passenger cars, trucks under 14,000 pounds gross vehicle weight, or recreational vehicles used for per sonal transportation. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter.
(b) A veteran who qualifies for the special and distinctive license plate pursuant to sub section (a) of this Code section shall make application therefor with the commissioner 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 qualifying applicants. There shall be no minimum required number of applicants for such distinctive license plate. The commissioner shall promulgate such rules and regula tions 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 additional manufacturing fee for such special and distinctive license plates shall be $25.00. The commissioner is specifi cally authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold.
(c) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars or trucks used for personal transportation, except that the word "CHOSIN" and no other letters shall be placed horizontally imme diately to the left of the numbers on the license plate so as to distinctively identify the owner as a veteran of the Chosin Reservoir Campaign of 1950 in North Korea.
(d) The license plate issued 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 Chosin Reservoir Campaign of 1950 in North Korea 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.
(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, upon payment of an additional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as pro vided in Code Section 40-2-34. Special license plates issued under this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section.'"

Representative Powell of the 23rd moved that the House adopt the report of the Com mittee of Conference on HB 1430.
On the motion, the roll call was ordered and the vote was as follows:

THURSDAY, MARCH 19, 1998

2723

Y Alien Anderson
YAshe Bailey
Y Bannister YBarfoot Y Barnard YBaraes Y Bates Y Benefield
Biidsong YBohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown EBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Canty YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B
Coleman, T Y Connell Y Cooper Y Crawford N Crews

Y Culbreth Y Cummings
Y Davia, G Y Davis, M YDay N DeLoach. B Y DeLoach, G YDix NDiion YDobbs Y Dukes NEhrbart 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 YHeckstall Y Hegstrom YHenson Y Holland
Holmes Y Houston
Howard Y Hudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin
Jackson Y James Y Jamieson N Jenkins
Johnson Y Johnston
Jones Y Joyce YKaye YLadd NLakly YLane NLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L
Massey YMcBee YMcCall Y McClinton
McKinney Y Mills Y Mobley YMosley Y Mueller YO-Neal
YOrrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster
NPoag YPolak Y Ponder Y Porter Y Powell
Purcell YRagas YRandaU
YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal
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
Smyre Y SneUing YSnow YStallings
Y Stancil, F Y Stancil, S
Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas YTiUman Y Titus Y Tolbert Y Trense Y Tumquest YTwiggs N Walker, L Y Walker, R.L Y Watson YWest N Westmorland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan N Yates
Murphy, Spkr

On the motion, the ayes were 151, nays 12. The motion prevailed.

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

The Senate has disagreed to the House amendment to the Senate amendment to the House substitute to the following bill of the Senate:

SB 139. By Senators Thomas of the 10th, Price of the 56th, Thomas of the 54th and Balfour of the 9th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state gov ernment, so as to prohibit the Department of Medical Assistance from establishing a drug formulary that restricts by any prior approval process a physician's ability to treat a patient with a prescription drug that has been approved by the United States Food and Drug Administration.

The Senate has discharged the report of the Committee of Conference on the follow ing bill of the House:

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 President has appointed as a second Committee of Conference the following: Senators Thompson of the 33rd, Brush of the 24th and Hill of the 4th.

2724

JOURNAL OF THE HOUSE,

The Senate insists on its amendment to the following 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.

Representative Walker of the 87th moved that the following Bill of the Senate be taken from the table:

SB 7. By Senators Cheeks of the 23rd and Kemp of the 3rd:
A bill to amend Chapter 3 of Title 41 of the Official Code of Georgia Anno tated, relating to places used for unlawful sexual purposes, so as to provide that real property upon which substantial selling of drug paraphernalia or drug related objects occurs may be declared a nuisance; to define certain terms; to provide for knowledge of such activity.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Anderson
YAshe Y Bailey N Bannister
Barfoot N Barnard YBarnes Y Bates Y Benefield
Birdsong N Bohannon Y Bordeaux Y Bradford N Breedlove N Bridges Y Brooks N Brown EBuck Y Buckner N Bonn
N Burkbalter NByrd N Campbell Y Canty NCash NChannell
Y Childers N Clark NCoan Y Coleman, B N Coleman, T Y Connell N Cooper N Crawford N Crews

N Culbretb Y Cummings Y Davis, G N Davis, M NDay N DeLoach, B N DeLoach, G YDix YDiion YDobbs
Y Dukes
NEhrhart YEpps N Evans NEverett
Felton NFloyd N Franklin
N Golden N Graves
Greene N Grindley N Hammontree N Manner N Harbin
Y Heard Hecht
YHeckstall Y Hegstrom YHenson Y Holland
Y Holmes Y Houston
Howard N Hudgens N Hudson, H

N Hudson, N
Y Hugley Nlrvin
Jackson Y James Y Jamieson YJenkins
Johnson
N Johnston Jones
N Joyce NKaye NLadd YLakly
NLane YLee N Lewis NLord
N Lucas N Maddoz NMann N Manning Y Martin, J N Martin, J.L
NMansey YMcBee NMcCall Y McClinton Y McKinney N Mills Y Mobley Y Mosley N Mueller Y O'Neal YOrrock YParham

On the motion, the ayes were 80, nays 85. The motion was lost.

NParrish N Parsons Y Pelote Y Perry N Pinholster YPoag YPolak Y Ponder Y Porter N Powell NPurceU YRagas YRandall YRay N Reaves N Reichert NRice N Richardson
N Roberts Y Rogers Y Royal
Sanders N Sauder Y Scarlett N Scheid N Scott N Shanahan NShaw Y Sherrill
YShipp YSims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W N Smith, L

Smith, L.R Y Smith, P N Smith, T
N Smith, V Smyre
NSneUing N Snow YStallings Y Stancil, F
N Stancil, S Y Stanley, L
Y Stanley, P N Stephens Y Taylor YTeague YTeper Y Thomas YTillman Y Titus N Tolbert NTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland NWhitaker N Wiles Y Williams, B N Williams, J N Williams, R N Worthan N Yates
Murphy, Spkr

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

THURSDAY, MARCH 19, 1998

2725

HB 95. By Representatives Coleman of the 142nd, Murphy of the 18th, Hudson of the 156th, Walker of the 141st, Skipper of the 137th and others:
A bill to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and membership of the Public Service Commission, so as to change the provisions relating to the election of the members of the commission; to provide for Public Service Commission Districts in which members must reside, provided that such members are elected state wide by the qualified voters of this state.

Representative Coleman of the 142nd moved that the House recede from its position in disagreeing to the Senate amendment on HB 95.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Andersen
YAshe Y Bailey
Y Bannister YBarfoot Y Barnard YBarnes
Y Bates Y Benefield
Birdaong
YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks
Y Brown EBuck
Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty YCash YChannell Y Childers Y Clark
YCoan Y Coleman, B Y Coleman, T Y ConneU Y Cooper Y Crawford Y Crews

Y Culbreth 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
Felton YFloyd Y Franklin Y Golden Y Graves
Greene Y Grindley Y Hanunontree 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
Jackson Y James Y Jamieson YJenkins
Johnson Y Johnston
Jones Y Joyce
Kaye YLadd YLakly YLane YLee Y Lewis YLord
Y Lucas Maddox
YMann Y Manning
Y Martin, J Martin, J.L
YMassey YMcBee
YMcCall Y McClinton
McKinney Y Mills
Mobley YMosley Y MueUer Y O'Neal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak
Y Ponder Y Porter Y Powell Y Purcell YRagas YRandaU YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal
Sanders Y Sauder Y Scarlett Y Scbeid 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
Smith, V Smyre YSnelling YSnow YStaUings 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 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
Yates Murphy, Spkr

On the motion, the ayes were 157, nays 0. The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the sec ond Committee of Conference report thereon:

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 following second report of the Committee of Conference was read:

2726

JOURNAL OF THE HOUSE,

COMMITTEE OF CONFERENCE REPORT ON HB 1448

The Committee of Conference on HB 1448 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1448 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Joey Brush Senator, 24th District

/s/ R. Williams Representative, 114th District

/s/ Steve Thompson Senator, 33rd District

/s/ Ben Harbin Representative, 113th District

/s/ Jack Hill Senator, 4th District

/s/ B. E. Parham Representative, 122nd District

A BILL
To amend Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to motor vehicle self-insurers, so as to change certain provisions relating to an exception applicable to taxicab self-insurers located in counties with populations of 400,000 or less; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 40-9-101 of the Official Code of Georgia Annotated, relating motor vehicle self-insurers, is amended by striking subparagraph (a)(3)(G) and inserting in lieu thereof the following:
"(G) Until December 31, 499? 1998, the provisions of subparagraph (C) of this para graph shall not apply to taxicab self-insurers which were located in counties with populations of 400,000 or less according to the United States decennial census of 1990 or any future such census and were licensed by the Commissioner of Insurance on December 31, 4996 1997."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Harbin of the 113th moved that the House adopt the second Commit tee of Conference report on HB 1448.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Andereon
YAshe
Y Bailey Bannister
YBarfoot Y Barnard Y Barnes Y Bates
Benefield Birdsong YBohannon Y Bordeaux
Bradford Y Breedlove Y Bridges Y Brooks

Y Brown E Buck YBuckner
Y Bunn Y Burkbalter YByrd Y Campbell Y Canty Y Cash Y Channel!
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 Dizon Y Dobbs 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 Hanner 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
Jackson Y James Y Jamieson Y Jenkins
Johnson Y Johnston
Jones Y Joyce
Kaye Y Ladd

THURSDAY, MARCH 19, 1998

2727

Lakly YLane
Lee Y Lewis
YLord Y Lucas YMaddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton
McKinney YMffls Y Mobley YMoeley

Y Mueller YO'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry
Pinholster Poag YPolak
Y Ponder Y Porter YPowell YPurcell YRagas YRandall
YRay Y Reaves

Y Keichert Rice
Richardson Roberts Y Rogers Y Royal Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Shenill YShipp YSims Y Sinkfield
Y Skipper Y Smith, C

On the motion, the ayes were 152, nays 0. The motion prevailed.

Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T
Smith, V Smyre YSnefflng YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas

YTilhnan Titus
Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson
West Y Westmorland Y Whitaker
Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan
Yates 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 1155. By Representative Smith of the 12th: A resolution proclaiming "International Building Safety Week".

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

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.

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.

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.

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.

2728

JOURNAL OF THE HOUSE,

HB 1734. By Representative Clark of the 3rd: A bill to create the Catoosa County Public Works Authority.

HB 1837. By Representatives Teper of the 61st, Ragas of the 64th, Davis of the 60th and others:
A bill to specifically repeal the "DeKalb Memorial Stadium Authority Act".

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.

HB 1875.

By Representatives Sauder of the 29th, Manning of the 32nd, Bradford of the 30th, Parsons of the 40th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County.

HB 1876. By Representative Crawford of the 129th: A bill to create the Upson County Water and Sewerage Authority.

HB 1877.

By Representatives Bradford of the 30th, Sauder of the 29th, Barnes of the 33rd and others:
A bill to amend an Act changing the compensation of the clerk of the Supe rior Court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the deputy clerk of the superior court.

HB 1883.

By Representatives Shipp of the 38th, Sauder of the 29th, Manning of the 32nd and others:
A bill to amend an Act reincorporating and providing a new charter for the City of Acworth, so as to change the corporate limits of the city.

HB 1894.

By Representatives Stancil of the 16th, Scheid of the 17th, Evans of the 28th and Pinholster of the 15th:
A bill to amend an Act to supplement the salary of the judge of the Superior Courts of the Blue Ridge Judicial Circuit, so as to increase the amount of compensation paid to such judges by the counties comprising the Blue Ridge Judicial Circuit.

HB 1895.

By Representative Hudgens of the 24th:
A bill to amend an Act creating a board of commissioners of Madison County, so as to change certain provisions relating to the compensation of the members of the board other than the chairperson.

HB 1896.

By Representative Scott of the 165th:
A bill to amend an Act creating a new charter for the City of Norman Park, so as to provide for four-year terms of office for the mayor and councilmembers.

THURSDAY, MARCH 19, 1998

2729

HB 1897.

By Representatives Purcell of the 147th and Barnard of the 154th:
A bill to amend an Act placing the judge of the Probate Court of Bryan County, formerly the ordinary, on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the judge of the pro bate court.

HB 1900. By Representatives Scheid of the 17th, Pinholster of the 15th and Stancil of the 16th:
A bill to amend an Act re-creating the reincorporating the City of Woodstock, so as to provide for the election of the mayor and councilmembers; to add a sixth ward and councilmember.

HB 1902. By Representatives Twiggs of the 8th and Bridges of the 9th:
A bill to provide for an advisory referendum election to be held in White County for the purpose of determining whether the White County Board of Commissioners should adopt comprehensive land use regulations for unincor porated areas declarations.

HB 1904.

By Representative Channell of the lllth:
A bill to amend an Act creating the Board of Commissioners of Greene County, so as to change provisions relating to when a person elected to fill a vacancy takes office; to provide for a county manager and authorize the board to delegate administrative duties, powers, and responsibilities to such official.

HB 1905.

By Representatives Clark of the 3rd and Snow of the 2nd:
A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to change the provisions relating to the compensation of the members of said board; to authorize the members of said board to par ticipate in the retirement plan currently available to employees of the Catoosa Utility District.

HB 1908. By Representatives Coleman of the 142nd and Barfoot of the 155th: A bill to create the Telfair-Wheeler Airport Authority.

HB 1909. By Representative Jenkins of the 110th:
A bill to amend an Act providing a new charter for the City of Monticello, so as to change the corporate limits of the City of Monticello.

HB 1910. By Representative Westmoreland of the 104th:
A bill to provide for an advisory referendum election to be held in the Town of Tyrone for the purpose of ascertaining the type of government for said town desired by the people of said town.

HB 1912. By Representative Joyce of the 1st:
A bill to provide a homestead exemption from Dade County ad valorem taxes for county purposes for the full value of the homestead for certain residents of that county who have annual incomes not exceeding $15,000.00 and who are 70 years of age or over.

2730

JOURNAL OF THE HOUSE,

HB 1916. By Representative Dixon of the 168th:
A bill to provide a homestead exemption from Ware 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 $24,000.00 and who are 62 years of age or over.

HB 1917. By Representatives Dixon of the 168th and Smith of the 169th:
A bill to provide a homestead exemption from Ware County ad valorem taxes for county purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that county who have annual incomes not exceeding $24,000.00 and who are 62 years of age or over.

HB 1918. By Representatives Dixon of the 168th and Smith of the 169th:
A bill to provide a homestead exemption from certain City of Waycross ad valorem taxes for city purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that city who are 62 years of age or older and whose income together with the income of the spouse and all members of the family who reside at the homestead of such resident does not exceed $24,000.00 per annum.

HB 1919.

By Representatives Snow of the 2nd and Clark of the 3rd:
A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to change certain provisions regarding the powers, duties, and area of operation of the board.

HB 1920.

By Representatives Snow of the 2nd, Joyce of the 1st and Perry of the llth:
A bill to provide a homestead exemption from Walker County ad valorem taxes for county purposes for the full value of the homestead for certain resi dents of that county who have annual incomes not exceeding $15,000.00 and who are 70 years of age or over.

HB 1921.

By Representatives Snow of the 2nd, Joyce of the 1st and Perry of the llth:
A bill to provide a homestead exemption from certain City of Chickamauga independent school district ad valorem taxes for educational purposes for the full value of the homestead for certain residents of that independent school district who are 75 years of age or older and whose annual income does not exceed $15,000.00.

HB 1922.

By Representatives Snow of the 2nd, Joyce of the 1st and Perry of the llth:
A bill to provide a homestead exemption from Walker County School District ad valorem taxes for educational purposes for the full value of the homestead for certain residents of that school district who have annual incomes not exceeding $15,000.00 and who are 75 years of age or over.

HB 1925. By Representative Whitaker of the 7th:
A bill to amend an Act known as the "Ellijay-Gilmer County Water and Sewerage Authority Act," so as to change the number of members of the authority.

THURSDAY, MARCH 19, 1998

2731

HB 1926. By Representative Breedlove of the 85th:
A bill providing a new charter for the City of Sugar Hill, so as to change the corporate limits of the city.

The Senate has agreed to the House amendments to the following bills of the Senate:
SB 110. By Senators Walker of the 22nd, Stokes of the 43rd, Madden of the 47th and others:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Anno tated, relating to payment and distribution of fines and forfeitures, so as to authorize additional penalty assessments for violations involving driving under the influence of alcohol or drugs and for the allocation of such addi tional penalties by the Brain and Spinal Injury Trust Fund and provide for the creation of such fund; to provide for definitions.
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.

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 491. By Senators Clay of the 37th, Tanksley of the 32nd and Lamutt of the 21st:
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; to provide for an effective date.

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 600. By Senators Crotts of the 17th, Lamutt of the 21st, Guhl of the 45th 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 for zoning ordinances which automatically zone certain property which is annexed or deannexed subject to certain conditions; to provide for limita tions.

2732

JOURNAL OF THE HOUSE,

SB 666. By Senator Price of the 28th:
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.
The Senate has agreed to the House substitute to the following bills of the Senate:
SB 30. By Senator Boshears of the 6th:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions applicable to counties, municipal corpo rations, and other governmental entities, so as to provide that two or more volunteer fire departments may form a nonprofit corporation; to allow said nonprofit corporation to apply for state funding grants as if it were a local governmental entity.
SB 39. By Senators Boshears of the 6th, Ralston of the 51st and Johnson of the 1st:
A bill to amend Code Section 42-1-12 of the Official Code of Georgia Anno tated, relating to the registration of sexually violent predators, so as to change the provisions relating to the release of information collected under the state registration program; to provide that the information collected under the state registration program may be disclosed for any purpose autho rized by state or federal law.

SB 230. By Senator Ralston of the 51st:
A bill to amend Part 1 of Article 4 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to inter vivos gifts, so as to provide that the presumption of a gift of lands belonging to a parent but in possession of a child shall be a rebuttable presumption.

SB 344. By Senator Perdue of the 18th:
A bill to amend Code Section 43-1-19 of the Official Code of Georgia Anno tated, relating to grounds for refusing to grant or revoking professional licenses, so as to provide for certain matters relating to judicial review of decisions of state examining boards; to provide for an effective date and applicability.
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.
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.

THURSDAY, MARCH 19, 1998

2733

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 496. By Senators Hooks of the 14th, Cky 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.
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 638. By Senators Perdue of the 18th, Clay of the 37th and Hooks of the 14th:
A bill to amend Chapter 21 of Title 50 of the Official Code of Georgia Anno tated, relating to sovereign immunity and claims against the state, so as to provide for a reservation of sovereign immunity with respect to failure of computer systems to properly recognize or process dates in the year 2000 or later; to provide for applicability to state and local government; to provide for the meaning of terms.
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.
The Senate has agreed to the House substitute to the following resolution of the Sen ate:
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.

2734

JOURNAL OF THE HOUSE,

The Senate has agreed to the House amendment to the Senate amendment to the fol lowing bills of the House:

HB 244. By Representative Smith of the 175th:
A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, so as to provide for grants for lengthening the school year and the conditions and procedures relating thereto.

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.

The Senate has agreed to the House amendment to the Senate substitute to the fol lowing bills of the House:

HB 274. By Representative Childers of the 13th:
A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Anno tated, relating to psychologists, so as to change the provisions relating to immunity from liability for certain good faith actions.

HB 766. By Representative Connell of the 115th:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials.

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.

HB 1226.

By Representatives Martin of the 47th, Alien of the 117th, Hecht of the 97th 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.

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.

THURSDAY, MARCH 19, 1998

2735

The Senate has agreed to the House amendment to the Senate substitute to the fol lowing resolution of the House:

HR 1106. By Representatives Snow of the 2nd, Murphy of the 18th, Perry of the llth and others:
A resolution designating the William "Billy" Shaw Abney Memorial High way.

The Senate recedes from its amendment to the following bills of the House:

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.

HB 942. By Representatives Holmes of the 53rd, Byrd of the 170th, Greene of the 158th and others:
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.

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.

The Senate recedes from its substitute to the following bills of the House:

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.

HB 1915. By Representatives Harbin of the 113th, Williams of the 114th and Jackson of the 112th:
A bill to provide for the compensation, expenses, and benefits of the coroner of Columbia County.

2736

JOURNAL OF THE HOUSE,

The Senate has adopted the report of the Committee of Conference on the following resolutions 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 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.

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.

The Senate has adopted the report of the Committee of Conference on the following bills of the Senate and House:

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 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.

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 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.

THURSDAY, MARCH 19, 1998

2737

HB 409. By Representatives Porter of the 143rd, Taylor of the 134th, O'Neal of the 75th and others:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, so as to provide that driver's education shall be an authorized high school program.

HB 1202.

By Representatives McBee of the 88th, Holland of the 157th and Hudgens of the 24ta:
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.

HB 1250.

By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to make and provide appropriations for the State Fiscal Year begin ning July 1, 1998, and ending June 30, 1999.

HB 1253.

By Representatives James of the 140th, Reaves of the 178th, Floyd of the 138th 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.

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 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.

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.

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.

2738

JOURNAL OF THE HOUSE,

HB 1393.

By Representatives Channell of the lllth, Rogers of the 20th, Reichert of the 126th 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.

HB 1394. By Representatives Channell of the lllth, Rogers of the 20th, Reichert of the 126th 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.

HB 1430.

By Representatives Powell of the 23rd, Parham of the 122nd, Lee of the 94th 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.

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.

HB 1730. By Representatives Walker of the 141st, Buck of the 135th, Dix of the 76th 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 Senate has adopted the report of the Committee of Conference #2 on the follow ing bills of the House:

HB 233. By Representatives Heard of the 89th, McBee of the 88th, Sherrill of the 62nd and Hugley of the 133rd:
A bill to amend Code Section 33-1-9 of the Official Code of Georgia Anno tated, relating to insurance fraud, so as to provide for increased penalties for felony insurance fraud committed against persons 60 years of age or older.

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.

THURSDAY, MARCH 19, 1998

2739

The following communication was received:

State of Georgia Office Of The Governor
Atlanta 30334-0900

MEMORANDUM

TO:

Honorable Pierre Howard

Honorable Thomas B. Murphy

FROM: Mark H. Cohen

DATE:

April 24, 1997

RE:

Line Item Vetoes in House Bill 204

Please be advised that Governor Miller has line item vetoed the following Sections in House Bill 204:
Section 8, Page 7, "Local Assistance Grants - $2,110,000"
Section 11, Page 12, "Applied Technology - Labs - $2,400,000"
Section 11, Page 12, "Learning Logic Sites - "1,100,000"
Section 23, Page 23, "Recreation - $1,000,000"
Section 23, Page 23, "Chattahoochee River Basin Grants - $2,900,000"
Section 27, Page 28, "Capital Outlay - $200,000"
Section 39, Page 35
Section 40, Page 35, Second Paragraph, including all local assistance grants through Page 38
Section 43, Page 39, Second Paragraph
Section 43, Page 39, Third Paragraph
Section 45, Page 40, Second Paragraph
Section 47, Page 41, First Paragraph after Item (f)
Section 56, Page 43
Section 57, Page 44, Fourth Full paragraph beginning "From the appropriation desig nated 'State General Funds (New)', $827,875 is specifically appropriated for the Depart ment of Technical and Adult Education...."
Section 57, Page 44, Fifth Full Paragraph beginning "from the appropriation designated 'State General Funds (New)', $118,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents...."
Section 57, Page 45, First Full Paragraph beginning "From the appropriation designated 'State General Funds (New)', $545,750 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority...."
Section 57, Page 45, Fifth Full Paragraph beginning "From the appropriation designated 'State General Funds (New)', $1,715,220 is specifically appropriated for the purpose of financing facilities for the Department (of) Education...."
The veto messages are attached for each item referenced above.

2740

JOURNAL OF THE HOUSE,

MHC:mc Attachment
cc: Honorable Frank Eldridge, Secretary of the Senate Honorable Robert E. Rivers, Jr., Clerk, House of Representatives Honorable Sewell R. Brumby, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable Lewis Massey, Secretary of State

GOVERNOR'S VETOES IN HOUSE BILL 204

Section 8j page 7j line 310 and Section 40, pages 35 through 38, lines 1581 through 1707, pertaining to the Department of Community Affairs:
This line item contains $2,110,000 allocated for 89 separate local assistance grants. $17,412,335 was appropriated for this purpose in the F.Y. 1997 original budget and another $6,702,636 was added in the F.Y. 1997 Amended Budget during the 1997 Session. In this time of budget redirection and fiscal constraint, it seems only proper that other priorities shall be more carefully considered. Adequate resources were made available through the F.Y. 1997 budget to address local project needs. The funds in this line item could be bet ter allocated to high priority needs such as education. Therefore, this line item and the corresponding individual grants are vetoed.

Section 11 pertaining to the Department of Education, page 12, line 518:
While state funds have been used since F.Y. 1988 to selectively fund vocational education equipment for new or modified high school vocational labs, lottery funds have been used since F.Y. 1995 to fund computer equipment for Introduction to Technology courses for new or modified high school vocational labs.
Since F.Y. 1995, almost $10 million in lottery funds has been appropriated for this pur pose. However, like the vocational education equipment purchases, most of the schools receiving these funds are not new facilities. The $2.4 million appropriation in F.Y. 1998 would provide computers for 24 schools in 20 local systems, only seven of which are new.
The equipment purchased under this program consists of regular personal computers. In addition to this funding object class, nearly $124 million in lottery funds has been dis bursed to local school systems for new classroom computers since the beginning of the Lot tery for Education program.
Computer equipment for classrooms, including those used for Introduction to Technology courses has become standard school equipment and should be replaced with formula fund ing for replacement equipment provided through the QBE formula and with the lottery funding provided for computer purchases. This funding is therefore vetoed.
Section 11 pertaining to the Department of Education, page 12, line 526:
These funds are to equip one computer lab in each of Georgia's 11 congressional districts at a cost of $100,000 per lab. A total of $3,024,000 in lottery funds has been used for this purpose in prior years. This does not represent the most economical way for local schools to acquire computer hardware and software.
Also included in House Bill 204, is $36,841,431 in lottery funds for the purchase of class room computers for local systems. These funds will be distributed on the basis of $27.48 per FTE. This represents a far more efficient and effective use of state funds for the acquisition of computers for Georgia's schools. This funding is therefore vetoed.
Section 23 pertaining to the Department of Natural Resources, page 23, line 1047:
This line item allocates $1,000,000 for Recreation Grants in the Department of Natural Resources. These grants are for local recreation programs. The Governor's proposed budget

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for this grant program has been $500,000 for several years, but the General Assembly has added to it each year. Last year, the General Assembly added $300,000 to provide an $800,000 grant program. For the F.Y. 1998 budget, the General Assembly has doubled the Governor's recommendation to bring the total to $1,000,000. In addition, the General Assembly appropriated $2,461,276 in Local Assistance Grants (36% of the total Local Assistance Grants amount) for recreation in the F.Y. 1997 Amended Budget. Thus, even without the Recreation Grants program in the Department of Natural Resources, there are adequate resources for recreation needs in this state.
Given the need to exercise fiscal restraint in allocating state resources, this grant line item is vetoed.
Section 23, page 23, line 1048 and Section 45, page 40. lines 1774 through 1775, pertaining to the Department of Natural Resources:
House Bill 204 includes $2.9 million in the line item "Chattahoochee River Basin Grants" and corresponding language.
The Hazardous Waste Trust Fund is wholly funded by fees and fines collected by the Environmental Protection Division (EPD) and is used to clean-up serious hazardous waste sites throughout the state. Based upon expected revenues and the Governor's recom mended funding level for the Trust Fund, EPD estimates that the State Superfund pro gram will still be short more than $19 million when the law sunsets in 2003 even if no new hazardous waste sites are discovered. Thus, it is not fiscally sound to reprogram fund ing from the Trust Fund for other purposes.
Funding for this grant program was initially added to the F.Y. 1997 budget. A majority of the 14 applications (totaling $5,068,281) for F.Y. 1997 Chattahoochee River Basin Grants were for projects that clearly are not related to Atlanta's wastewater discharges. EPD awarded grants to nine local communities, but the projects being funded are not crit ical environmental or health priorities. The projects for F.Y. 1997 included riverbank and shoreline litter removal, silt removal at a park, and public education about erosion and sediment control. These projects are not of the same value as cleaning up lead that threat ens children at Herndon Home in Atlanta or abandoned wood treating waste in South Georgia where groundwater is being contaminated. In addition, some of the grants that were funded include water supply improvements in Columbus and LaGrange, projects that are usually funded by local governments through user fees or through Georgia Environ mental Facility Authority low-interest loans.
Therefore, this grant item is vetoed.
Section 27 pertaining to the Board of Regents, University System of Georgia, page 28. line 1233:
This funding was earmarked for the renovation of a dairy at College Station at the Univer sity of Georgia. A recently completed program evaluation documents that the Agricultural Experiment Stations receive major repair and renovation funds that could be used to reno vate the dairy. Funding for this project was not originally requested by the Board of Regents. Therefore, this line item is vetoed.
Section 39 pertaining to the Department of Administrative Services, page 35, lines 1571 through 1574:
This language was approved in the 1996 session of the General Assembly to control the purchase of communications equipment that was not compatible with an 800 mega hertz system. We now believe that a limited number of communication equipment purchases need to be made for security and safety reasons that may not be compatible with an 800 mega hertz system. The Office of Planning and Budget will issue a policy guideline relative to communications equipment purchases which will address budgetary approval and tech nical review requirements. This language has been vetoed previously.

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Section 43 pertaining to the Department of Medical Assistance, page 39, lines 1755 through 1756:
The inclusion of the proposed language would compromise the department's ability to effectively and efficiently manage the use of pharmaceuticals by Medicaid recipients. The department already utilizes a prior authorization system that is based on the individual patient's clinical and medical criteria.
In addition, the language establishes an unnecessary intrusion into the day to day opera tion of an executive branch agency by the legislature. Specific benefits and service limita tions are determined by Board review and amendments to the state plan. Therefore, for these reasons, I am vetoing the cited language.
Section 43 pertaining to the Department of Medical Assistance, page 39, lines 1757 through 1758:
The language and the corresponding appropriation of $4.1 million in state funds are not sufficient to cover the cost of a rate increase for all nursing home providers. The depart ment has projected a cost of $16.6 million in state funds for the nursing home rate increase.
In addition, the language violates federal Medicaid regulations by excluding state facilities from the rate increase. Under existing federal Medicaid regulations, the rate increase must be given to all nursing home providers. Therefore, for these reasons, I am vetoing the cited language.
Section 47 pertaining to the Department of Transportation, page 41, lines 1804 through 1807:
House Bill 204 authorizes the Department to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maxi mum number of annual positions assigned by law. All executive branch agencies are legally authorized to amend their budgets and transfer positions between budget functions when a properly drawn amendment to the annual operating budget has been approved by the Office of Planning and Budget. In addition, the number of positions in each budget func tion is not specified in the Governor's budget recommendations to the General Assembly or in the annual appropriations act. Therefore, this language is unnecessary. This language has been vetoed previously.
Section 56 pertaining to federal funds, page 43, lines 1901 through 1905:
This language essentially provides a pool of federal money to be available only to supplant state funds. It prohibits an amendment of federal funds above the amount appropriated in the Appropriations Act for purposes other than to supplant state appropriations for the pertinent programs. This language limits the state's ability to accept additional federal funds as they become available throughout the fiscal year. This language has been vetoed previously.
Section 57 pertaining to Bonds for the Department of Technical and Adult Education, page 44, lines 1954 through 1962:
Bonds for technical school facilities and public libraries amounting to $8,950,000 are pro vided for in this section of House Bill 204. These facilities include: $500,000 for an Adult Learning Center in Turner County; $2.4 million for public library facilities in Bryan, Chatham, Dodge, Effingham, Henry, Jeff Davis and Union Counties; $50,000 for a library for the city of Aragon; $3.6 million to renovate facilities at North Georgia Tech; and $2.4 million to renovate facilities at South Georgia Tech.
Public libraries are one of the few areas in this budget that had no budget reductions from redirection, and in fact, received substantial funding to have Internet and Galileo connec tion for libraries in each county. In the long run, the Internet and Galileo connections are

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more important for the future of public libraries than new buildings. In addition, it is pru dent both from a policy and a fiscal perspective to wait on any new library expansions until the Department of Technical and Adult Education has completed its strategic plan and capital plan for the library system. These plans may influence the way libraries and any expansions are designed.
The renovations at both North Georgia Tech and South Georgia Tech are designed to con vert old dormitory space into classroom space. Yet the department is currently stretched to the limit for operational funding and has not proposed a plan for operating these new classrooms without taking funds from other deserving programs in the system.
Due to lack of adequate planning, no provisions for operating additional facilities without a significant infusion of new funding, and a concern for the overall size of the approved bond package, the authorization for these projects is vetoed.
Section 57, pertaining to Bonds for the Board of Regents, page 44, lines 1968 through 1968 and page 45, line 1969:
This item provides funds for the planning and design of a classroom facility at Augusta State University.
This project was not part of the original capital outlay request of the Board of Regents for F.Y. 1998. The Chancellor later submitted a request for $350,000 for a facility master plan for Augusta State University to assess the classroom situation. These funds are included in the Governor's recommendation. The F.Y. 1998 budget removes the funds des ignated for a master plan and provides $1,280,000 in bonds funds for the planning and design of the new classroom facility.
Conducting the planning and design requirements for a project this large before the proper master plan has been developed is not prudent. Because the master plan will be done first, this funding is not yet needed. The Board of Regents will develop a new priority listing of needed capital outlay projects and will assign this Augusta project the proper priority placement. Therefore, the authorization for this project is vetoed.
Section 57 pertaining to Bonds for the Georgia Ports Authority, page 45, lines 1970 through 1976:
This portion of the bond section of House Bill 204 authorizes 20 year debt financing in the amount of $5.9 million for the Georgia Ports Authority for three projects: planning and environmental studies for the Brunswick deepening ($600,000), design and engineering of the Brunswick Harbor deepening ($4.0 million including state advance funding of the fed eral share), and repairs to the Bainbridge dock and replacement of its material handling conveyor ($1.3 million).
The first project (planning and environmental studies for the Brunswick deepening) was funded last year and the Georgia Ports Authority was to provide funding for a portion of the project equivalent to the state grant and to pay for any cost overage. The state has provided its commitment to the project.
The design and engineering of the Brunswick Harbor deepening were considered by the Governor for funding along with the $28 million in facility improvements approved for the Authority. The deepening was rejected in part because the state was not only paying its share but was advance funding the federal share in anticipation of it being appropriated by Congress. In light of the efforts of Congress to balance the budget, it is much more problematical than in previous years that funding will be provided. Also considering the estimated $60 million to deepen the channel, the state of Georgia should not provide full advance funding for this project. If Congress appropriates the federal share of this project, the state can reconsider its position.
With respect to the Bainbridge project, the Ports Authority has sufficient funds to address a repair project of this size. For these reasons and a concern about the overall size of the bond package, the authorization for these projects is vetoed.

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Section 57 pertaining to Bonds for the Department of Education, page 45, lines 1996 through 2001:
This appropriation is a continuation of state support for non-technical vocational equip ment for new or modified vocational high school labs. This program began years ago with federal money. State funds were first appropriated for this purpose in the late 1980's when federal funds were no longer made available to the state.
Since the beginning of this program, most schools receiving vocational equipment funding are not new facilities. This appropriation requires the state to incur a 5-year debt to pro vide ordinary vocational equipment for 50 high schools in 32 local systems, only seven of which are new.
Since F.Y. 1988, the state has appropriated this special funding for selected high schools in addition to formula funding replacement equipment for all systems. This has resulted in a major funding inequity among local systems. The total state funds per FTE to indi vidual systems between F.Y. 1988 and F.Y. 1996 range from a low of $69 to a high of $1,131.
Funding for replacement equipment is included in the QBE formula. Local systems should begin to plan ahead to more effectively and efficiently use existing formula funds to meet their current and long range equipment needs. For these reasons, the authorization for this project is vetoed.

Pursuant to HR 1165, adopted by the House and Senate, the Speaker announced the House adjourned sine die.

INDEXTO JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
REGULAR SESSION 1998
PART I -- ALPHABETICAL TABULATION (House and Senate Bills and Resolutions)
PART II -- NUMERICAL TABULATION (House Bills)
PART III -- NUMERICAL TABULATION (House Resolutions)
PART IV -- NUMERICAL TABULATION (Senate Bills in House)
PART V -- NUMERICAL TABULATION (Senate Resolutions in House)

HOUSE JOURNAL
PARTI
HOUSE AND SENATE BILLS AND RESOLUTIONS
ABANDONMENT, CHILD Intestate succession; year's support; deserting spouse or parent..............................HB 1568 Intestate succession; year's support; deserting spouse or parent..............................HB 1872
ABANDONMENT, PROPERTY Motor vehicles; foreclosures; sales; amend provisions...................................................HB 521 Motor vehicles; removal or storage; amend provisions .................................................HB 375 Motor vehicles; removal; storage; liens.............................................................................SB 249 Unclaimed property disposition; certain unpaid wages.................................................SB 217
ABORTION Partial-birth abortion; prohibit........................................................................................HB 240 Spontaneous abortion contraceptives; prohibit distribution by certain state agencies........................................................................HB 1329 Woman's Right to Know Act; enact................................................................................HB 364
ABRAHAM BALDWIN AGRICULTURAL COLLEGE STUDENT NEWSPAPER; commend......................................................................HR 1119
ACUPUNCTURISTS; registration by Department of Human Resources................HB 145 ACWORTH, CITY OF; corporate limits.......................................................................HB 1883 AD VALOREM TAX
Ad valorem taxes and license fees; time limitation for refunds....................................HB 10 Ad valorem taxes and license fees; time limitation for refunds....................................HB 11 Appeals; assessments; amend provisions.......................................................................HB 1657 Assessment changes; tangible personal property ...........................................................HB 526 Assessments and appeals; time period apply statewide ................................................SB 137 Boards of equalization; certain appeals; burden of proof..........................................HB 1188 Boards of equalization; certain assessments pending review; status ..........................HB 344
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INDEX

AD VALOREM TAX (Continued) Bona fide conservation use property; breach of renewal covenant; penalties not applicable.............................................................................HB 1365 Certain heavy-duty vehicles; provisions........................................................................HB 1324 Certain increases; limitation - CA....................................................................................HR 815 Certain municipal property outside corporate limits; remove tax exemption....................................................................................................HB 851 Certain notice and disclosure; method of providing ...................................................HB 1458 Certain penalties not imposed upon new owners........................................................HB 1416 Certain penalties not imposed upon new owners........................................................HB 1426 Certain printing services..................................................................................................HB 1535 Change in stated property value; disclose method......................................................HB 1463 County boards of tax assessors; grand jury appoint; eligibility.................................HB 1528 County boards of tax assessors; homestead exemptions; certain duties ..................HB 1698 County boards of tax assessors; removal of members; amend provisions................HB 1418 Destroyed property; proration..........................................................................................HB 232 Education funding; counties impose sales tax; reduce ad valorem tax - CA.......................................................................................................HR 942 Education funding; repeal ad valorem tax; impose 3% sales tax - CA .....................HR 703 Education funding; repeal ad valorem tax; impose 3% sales tax - CA .....................HR 779 Employees' Retirement; service in certain tax office; creditable service ..........................................................................................................HB 1043 Erroneous assessments; appeals; disclosures...................................................................SB 529 Exempt certain agricultural products and livestock...................................................HB 1350 Exempt certain antique hobby aircraft..........................................................................HB 166 Exempt certain chamber of commerce and civic organization property....................HB 660 Exempt certain fruit or nut plants..................................................................................HB 318 Exempt certain historical fraternal benefit associations ............................................HB 1084 Exempt certain religious organizations.........................................................................HB 1388 Exempt certain retail inventory - CA.............................................................................HR 830 Exempt dairy cattle.............................................................................................................SB 419 Exempt livestock...............................................................................................................HB 1127 Exempt passenger motor vehicles..................................................................................HB 1137 Exempt public property; clarify .......................................................................................HB 781 Fair market value; acquisition date - CA .......................................................................HR 591 Fair market value; amend provisions..............................................................................HB 665 For school purposes; 20-mill statewide limitation - CA.................................................HR 41 Homestead exemption; additional qualification; recording of deed.........................HB 1474 Homestead exemption; certain permanently disabled veterans ..................................HB 951 Homestead exemption; certain senior citizens.............................................................HB 1314 Homestead exemption; certain waivers; applicable until property filed....................HB 551 Homestead exemption; filing deadline..........................................................................HB 1464 Homestead exemption; filing deadlines; amend provisions........................................HB 1514 Homestead exemption; person absent for health reasons; continue to receive........................................................................................................HB 1174 Homestead exemption; senior citizens..........................................................................HB 1312 Homestead option sales and use tax; General Assembly provide by general law - CA.........................................................................................HR 744 Levy on tangible property; eliminate - CA.....................................................................HR 814 Limit millage rate and property value increases - CA .....................................................HR 6 Limit millage rate and property value increases - CA .....................................................HR 7
Local government; redevelopment powers; amend provisions...................................HB 1635
Local government; redevelopment powers; tax allocation; amend provisions..........................................................................................................HB 1438
Millage rates; limitations; increases; require referendum - CA...................................HR 222
Motor vehicles; amend provisions..................................................................................HB 1076
Motor vehicles; disabled veterans' exemption; amend provisions ...............................SB 489

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2749

AD VALOREM TAX (Continued) Motor vehicles; disposition of certain fees - CA............................................................HR 256 Motor vehicles; exempt former prisoners of war.........................................................HB 1145 Motor vehicles; exempt former prisoners of war.........................................................HB 1881 Motor vehicles; General Assembly provide by general law - CA................................HR 108 Motor vehicles; license plates and registration; amend provisions ...........................HB 1567 Motor vehicles; transfer of license plates and decals; ad valorem tax.....................HB 1569 Motor vehicles; when due..................................................................................................HB 101 Motor vehicles; when due..................................................................................................HB 367 Penalties and interest; freeport and personal property inventory; exemption eligibility..................................................................................HB 1178 Property appraisal; acquisition date value - CA............................................................HR 827 Property appraisal; acquisition date value - CA............................................................HR 934 Property appraisal; continuing use of property - CA...................................................HR 824 Property appraisal; purchase price value - CA..............................................................HR 826 Property appraisal; require generally acceptable accounting principles....................................................................................................HB 1125 Property assessment; education; local fair share funds computation.........................HB 730 Property; certain sales; fair market value.....................................................................HB 1383 Property valuation; interest; motor vehicle evaluation...............................................HB 1247 Property values; additional considerations ...................................................................HB 1342 Property; values established by appeal; five-year period...........................................HB 1292 Publication of rates; include certain information........................................................HB 1322 Real estate appraisers; redefine; property tax consultant; define...............................HB 897 Real estate transfer tax; certain instruments; applicability provisions....................................................................................................HB 82 Real estate transfer tax; increase; remit to certain fund............................................HB 1551 Real property; agricultural use, conservation use, and residential transitional property; assessment ...........................................................HB 1189 Real property; market value at acquisition; appraisal - CA........................................HR 816 Return; motor vehicles.....................................................................................................HB 1430 Returns; notice of changes; required information .......................................................HB 1217 Return vehicles in county where functionally located................................................HB 1521 School systems; authorize mill limitation decrease - CA .............................................HR 957 State levy; repeal certain provisions..............................................................................HB 1313 Tangible personal property; inventory exemption; hearings .....................................HB 1124 Tangible property assessment; amend provisions ...........................................................HB 77 Tax digest; property in dispute; limitation..................................................................HB 1672 Tax executions; increase certain threshold amount....................................................HB 1368 Tax executions; transferring or selling in lot blocks.....................................................HB 115 Tax executions; transfers; notice to occupant and owner............................................HB 501 Watercraft; decals; registration.......................................................................................HB 1509
ADAMS, BERTA; commend ...........................................................................................HR 1329
ADAMS, CLINTON; commend......................................................................................HR 1440
ADAMS, DR. MICHAEL F.; invite to House...............................................................HR 739
ADJOURNMENT Adjourn 1/16/98; reconvene 1/26/98 ................................................................................HR 810 Adjourn on Tuesdays; reconvene on Thursdays............................................................HR 927 Schedule for balance of session; adjourn sine die 3/19/98 .........................................HR 1165
ADMINISTRATION, COURTS OF RECORD Process servers; eligibility; appointment by certain court .........................................HB 1196
ADMINISTRATIVE PROCEDURE Building codes; arbitration; amend provisions...............................................................HB 189

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2750

INDEX

ADMINISTRATIVE PROCEDURE (Continued) Driver's license; certain suspension; location of requested hearing ............................HB 652 Electronic Filing Act of 1997; enact ................................................................................HB 898 Hearings; transfer pending cases from Professional Practices Commission to Professional Standards Commission ................................SB 535 Housing Affordability Impact Note Act; enact..............................................................HB 814 Private Real Property Rights Preservation Act; enact.................................................HB 853 Promulgation of rules; amend provisions........................................................................HB 992 State purchasing; competitive bids; amend provisions.................................................HB 317
ADMINISTRATIVE SERVICES, DEPARTMENT OF Commissioner; Governor determine salary ...................................................................HB 1396 Counties and municipalities; certain real property; competitive bids..........................HB 32 Judicial Budget Administration Act of 1998; enact....................................................HB 1617 State government; recycled paper use; change requirements.......................................SB 574 State purchasing; competitive bids; amend provisions.................................................HB 317
ADMINISTRATORS AND EXECUTORS (See Wills, Trusts, and Administration of Estates)
ADOLPH C. JOHNSON ROAD Recognize honorary designation.....................................................................................HR 1201 Recognize honorary designation.....................................................................................HR 1303
ADOPTION Biological parent; release of information..........................................................................HB 66 Health insurance coverage; newborn or adopted child; women's access; conversion ............................................................................................SB 665 Juvenile proceedings; removal of child from home; family reunification; foster care..................................................................................HB 1585 Minor child; selling or exchanging; provide for offense..............................................HB 1713 Parental rights; termination; amend provisions...........................................................HB 1571 Special license plates; "Support Adoption"..................................................................HB 1067 Superior court clerks; fee prohibition............................................................................HB 1675 Termination of parental rights............................................................................................SB 27
ADVERTISING Certain inserts; sales tax exemption ................................................................................HB 556 Certain supplements; sales tax exemption....................................................................HB 1656 Commission on Political Campaign Advertising; create...............................................HB 502 Judicial sales; real property; legal ad include description..........................................HB 1406 Lottery advertisements; include odds of winning..........................................................HB 536 Minors; computer facilities; dissemination of harmful material..................................SB 312 Motor vehicles; dealer's advertisement; purchaser's consent.......................................HB 569 Outdoor advertising; roadside enhancement and beautification; council and fund....................................................................................SB 337 Outdoor advertising; signs near certain public facilities or interstate highways; restrictions; exception.........................................................HB 1304 State government; competitive bidding; amend provisions ..........................................SB 437
ADVOCATES FOR CRIME VICTIMS Commend...........................................................................................................................HR 1191 Invite representatives to House......................................................................................HR 1110
AFFIRMATIVE ACTION; prohibit; state and local governments..............................HB 99
"AFRICAN AMERICAN BUSINESS ENTERPRISE DAY" Recognize February 12, 1998; invite Georgia Summit to House.................................HR 948
AGED (See Elderly)

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INDEX

2751

AGENCIES (See Named Agency or State Government)
AGENT (See Principal and Agent)
AGRICULTURE Ad valorem tax; penalties and interest; freeport and personal property inventory; exemption eligibility.................................................HB 1178 Ad valorem tax; real property; agricultural use, conservation use, and residential transitional property; assessment...........................................HB 1189 Agricultural dealers, grain dealers, warehousemen; breach of bond; hearings; actions; complaints.........................................................HB 1211 Agricultural disaster areas; designation by Congress; commend Department and Commissioner of Agriculture......................................HR 1126 Aircraft used for agricultural purposes; sales tax exemption......................................HB 196 Aircraft used for agricultural purposes; sales tax exemption....................................HB 1347 Boll weevil eradication; assessments on cotton; first buyer.......................................HB 1242 Commissioner; ethics in government; prohibit certain mass mailings.......................HB 873 Commissioner or designee; membership; Structural Pest Control Commission.....................................................................................................HB 1212 Commissioner; plurality election....................................................................................HB 1529 Commissioner; powers and duties; records......................................................................SB 102 Commissioner; term limits - CA.........................................................................................HR 78 Department of; establish certain animal control program.........................................HB 1638 Federal Crop Insurance Program; urge federal government revise laws ...................HR 856 Georgia; agricultural disaster area; urge Congress declare...........................................HR 811 Georgia State Nutrition Assistance Program (SNAP); enact....................................HB 1253 Grass sod; sales tax exemption.......................................................................................HB 1348 House Study Committee on Business Incentives for Agriculture; create ..................HR 465 Income tax; gradual reduction; abolish 1/1/2009; repeal or conform related provisions.....................................................................................HB 1218 Independent Agricultural Crop Consultants Act; enact.............................................HB 1369 Motor fuel excise tax; agricultural field use vehicle; refunds; licensing and fees; certain exemption........................................................HB 1175 Soil and water conservation; supervisors; audits; summary financial data ...............................................................................................HB 1295 Soil conservation; promotion and education; authorize expenditure .......................HB 1301 Southern Dairy Compact; enact.....................................................................................HB 1371 Southern Dairy Compact; enact........................................................................................SB 420 Tobacco; furnishing to minors; amend provisions.........................................................HB 864 "Tommy Irvin Parkway"; designate .................................................................................SR 639 U. S. Department of; wheat quarantine; urge elimination of planned use .................................................................................................................HR 293 Various pesticide licenses; denial or revocation; failure to pay education loans ...................................................................................................HB 884 Warehouse receipts; cotton; electronic warehouse receipts...........................................SB 544
AIR POLLUTION Environmental Protection Agency nonattainment area; incinerating sludge; prohibition phase-in....................................................................HB 690 Georgia Neighborhood Protection Act; enact...............................................................HB 1681 Regional Transportation Plan; express support for projects and programs..................................................................................................HR 1100 Vehicle emissions; standards; inspections; enforcement.............................................HB 1707 Water resources; animal feeding operations; moratoria..............................................HB 1848 Water resources; animal feeding operations; regulate.................................................HB 1265

AIRLINES AND AIRPORTS (See Aviation)

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2752

INDEX

AKINS, RHETT Commend.............................................................................................................................HR 982 Invite to House...................................................................................................................HR 952
ALBANY, CITY OF Chehaw Park Authority; membership...........................................................................HB 1614 Mayor and city commissioners; terms...........................................................................HB 1609
ALBANY STATE UNIVERSITY RAMS AND COACH HAMPTON SMITH; invite to House........................................................................HR 1108
ALCOHOLIC BEVERAGES AND ALCOHOLISM Asset forfeiture; proceeds; certain drug rehabilitation programs..............................HB 1285 Beer and wine; Sunday sales statewide - CA...................................................................HR 52 Brewpubs; amend provisions .............................................................................................SB 289 Candidates; mandatory drug testing; commission of certain drug related offenses....................................................................................................HB 1139 Certain offenses; change penalties .................................................................................HB 1287 Demand for trial; vehicular homicide related to DUI; time period...............................SB 83 Driver's license; certain suspension; location of requested hearing............................HB 652 Driver's license; certain suspension; terminate upon guilty plea..............................HB 1215 Driver's license; distinguishable markings for DUI conviction ......................................SB 82 Driver's license; implied consent; notice on license and application........................HB 1879 Driver's license; minors; amend provisions........................................................................SB 17 Driving under the influence; additional fees; Brain and Spinal Injury Trust Fund Authority; create...............................................................HB 456 Driving under the influence; additional fees; Brain and Spinal Injury Trust Fund Authority; create ...............................................................SB 110 Driving under the influence; additional fees; Brain and Spinal Injury Trust Fund - CA....................................................................................HR 226 Driving under the influence; additional fees; Brain and Spinal Injury Trust Fund - CA.....................................................................................SR 144 Driving under the influence; chemical tests; amend provisions....................................HB 17 Driving under the influence; chemical tests; amend provisions ..................................HB 964 Driving under the influence; chemical tests; under age 21; change provisions..............................................................................................................HB 27 Driving under the influence; endangering a child; report certain convictions to Department of Family and Children Services..................................HB 880 Driving under the influence; habitual violators; special license plates; minimum mandatory imprisonment; ignition interlock devices..............................................................................................................HB 139 Driving under the influence; homicide by vehicle; impose life imprisonment or death..........................................................................................HB 1176 Driving under the influence; implied consent notice; test administration .......................................................................................................HB 1378 Driving under the influence; nolo contenders plea; eliminate .......................................SB 61 Driving under the influence; nonresident offenders; increased fines ............................SB 31 Driving under the influence; three or more convictions; permanent revocation of driver's license................,....................................................HB 847 Drug-free workplace; employer contributions and taxes; reduced rate....................HB 1720 DUI Study Commission; create ........................................................................................HR 731 DUI Study Commission; create.........................................................................................SR 680 Elections; eliminate certain primaries; extensive revision of provisions....................................................................................................HB 1477 Furnishing to minors; penalties........................................................................................HB 800 Hard cider; defme.............................................................................................................HB 1180 Juvenile proceedings; deprivation of child resulting from substance abuse...................................................................................................HB 1717

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2753

ALCOHOLIC BEVERAGES AND ALCOHOLISM (Continued) Law enforcement and other officers; certain disability; retain weapon and badge...............................................................................................HB 410 Mental health; certain services; repeal automatic repealer........................................HB 1131 Mentally ill or alcoholic or drug dependent persons; certain emergency examinations; counselors or therapists.......................................................SB 99 Open container in motor vehicle; driver or passenger...................................................SB 203 Possession or consumption by persons under age 21; penalties..................................HB 227 Possession or consumption by persons under age 21; penalties...................................SB 206 Purchasing for or by persons under age 21; increased penalties.................................HB 908 Sales; dealer's license; residence of applicant; school building; define ....................................................................................................SB 111 Sales; minimum distance from churches or schools.......................................................SB 298 Sales; transfer of table wine; license..............................................................................HB 1384 Serious injury by vehicle; include fractures and bruises............................................HB 1930 State plan of medical assistance; modification or waivers; requirement ....................................................................................................HB 1179 Sunday sales; allow at certain race track facilities.........................................................SB 537 Sunday sales; private clubs; allow additional alcoholic beverages............................HB 1436 Unemployment benefits; certain persons refusing or failing drug test....................HB 1471 Unemployment insurance; unemployment compensation; workers' compensation insurance...............................................................................HB 1140 Watercraft and personal watercraft; amend provisions..............................................HB 1394 Watercraft; boating under the influence; child endangerment..................................HB 1393 Workers' compensation; drug-free workplace; insurance premium discount .........................................................................................................HB 1134 Workers' compensation; drug-free workplace; insurance premium discount.............SB 155 Young Drivers Safety Act of 1997; enact........................................................................HB 131 Zoning; automatic zoning of certain property; drug dependency facility; hearings.........................................................................................SB 600
ALICE HAWTHORNE CENTENNIAL OLYMPIC PARK; designate..............HR 958
ALIMONY AND CHILD SUPPORT Certain motions to enforce; part of underlying action.................................................HB 804 Child support arrearages; recovery; workers' compensation settlements...................HB 698 Child support; certain college students; parents provide...........................................HB 1606 Child support; include life insurance premiums.............................................................SB 231 Child support lien; motor vehicle requiring certificate of title.................................HB 1430 Child support; noncustodial parent; provide location of child....................................HB 585 Child support recovery; certain employer reports.......................................................HB 1307 Child support; seizure of deposits; suspension of certain licenses..............................HB 828 Court-ordered child support; juveniles in detention.......................................................HB 24 Court-ordered child support; juveniles in detention .......................................................HB 38 Court-ordered child support; juveniles in detention.....................................................HB 614 Family support registry; provisions...............................................................................HB 1308 Fatherhood Responsibility Act; enact................................................................................SB 58 Grandparent's visitation; amend provisions ...................................................................HB 971 House Study Committee on Child Support Collection; create..................................HR 1056 Judicial Budget Administration Act of 1998; enact....................................................HB 1617 Prenatal Care Act of 1998; enact...................................................................................HB 1602
ALLEN, BRENDA; commend ........................................................................................HR 1450
ALLISON, OLLIVETTE AND CARRIE STEELE-PITTS HOME; commend..............................................................................................................HR 801
ALLS, LIEUTENANT JAMES; condolences ............................................................HR 1451
ALMOND, WILLIE;honor...............................................................................................HR 970

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2754

INDEX

ALOIA, RODNEY; condolences .....................................................................................HR 1457
ALPHA KAPPA ALPHA SORORITY, INC Invite Dr. Lucretia Payton-Stewart to House................................................................HR 834 Invite to House ...................................................................................................................HR 163
ALPHA THETA ZETA CHAPTER OF ZETA PHI BETA SORORITY, INC; invite to House ...............................................................................HR 993
AMATEUR RADIO WEEKEND; designate June 27-28 ............................................SR 485
AMBULANCES (See Emergencies and Emergency Services)
AMENDMENTS TO THE CONSTITUTION (See Constitutional Amendments)
AMERICAN INDIAN AWARENESS MONTH Recognize month of November.........................................................................................HR 528 Recognize month of November.........................................................................................HR 529
AMERICAN KENNEL CLUB'S "CANINE GOOD CITIZEN" PROGRAM; commend...................................................................................................HR 1320
AMUSEMENTS Coin operated amusement machines; amend provisions............................................HB 1294
ANATOMICAL GIFT ACT Organ banks and procurement facilities; sales tax exemption ..................................HB 1132
ANDREWS, ROSALIE; invite to House........................................................................HR 792
ANIMALS Animal Control Trust Fund; create - CA .......................................................................HR 270 Blind vendors; guide dogs on vending premises; housing for blind or deaf persons; service capuchin monkeys......................................................HB 714 Certain animal control program; Agriculture Department establish........................HB 1638 Crimes; cruelty to animals, amend provisions; penalties..............................................HB 750 Dangerous dogs; amend provisions ..................................................................................HB 455 Green treefrog; designate as official state amphibian.................................................HB 1343 Green treefrog; designate as official state amphibian.................................................HB 1539 Handicapped persons; rights; service capuchin monkeys.............................................HB 351 Livestock; special sales; bonds; exempt 4-H clubs and Future Farmers of America......................................................................................................HB 1460 Pari-mutuel wagering at horsetracks - CA.......................................................................HR 53 Pet dealers; foster homes; grooming facilities; amend provisions.............................HB 1331 Sadie Act; enact................................................................................................................HB 1204 Search and rescue dogs; define............................................................................,..........HB 1425 Special license plates; certain programs to benefit dogs and cats ..............................HB 839 Water resources; animal feeding operations; moratoria..............................................HB 1848 Water resources; animal feeding operations; regulate.................................................HB 1265
ANNEXATION Effective date; zoning.......................................................................................................HB 1603 Electors required; increase to 70% ................................................................................HB 1259 Municipalities; minimum distance requirements; applicability after certain date ..........................................................................................................HB 1515 Notice by municipalities; amend provisions...................................................................HB 259 Redefine unincorporated island........................................................................................HB 529 60% method; unincorporated islands; amend provisions...........................................HB 1262 Zoning; automatic zoning of certain property; drug dependency facility; hearings.........................................................................................SB 600

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INDEX

2755

APPEAL AND ERROR Appeals; certain cases; orders excluding certain evidence...........................................HB 421 Appeals filed by prisoners; application............................................................................SB 370 Attorney's fees; certain claims; appeals from judgments; review.................................SB 623 Court documents; grounds for refusal; exclude font size or type .............................HB 1197 Domestic relations; certain appeals; amend provisions ................................................HB 629 Interlocutory appeal; certain reconsideration motions; no time extension............................................................................................................HB 525 Superior court; appeals from magistrate court; placement on calendar; bench trial...............................................................................................HB 1186
APPEALS, COURT OF Appeals; certain cases; orders excluding certain evidence...........................................HB 421 Concealed weapons; licensure; exempt certain judges not in office .........................HB 1473 Employees' Retirement; certain court secretaries; creditable service.......................HB 1088 Employees' Retirement; judges; reduce retirement age..................................................HB 56 Interlocutory appeal; certain reconsideration motions; no time extension............................................................................................................HB 525 Joint session; Governor's message; invite Supreme Court Justices and Appeals Court Judges .............................................................................HR 729 Judges; amend provisions.....................................................................................................SB 78 Judges; nonpartisan elections without primaries...........................................................HB 820 Senior judges and justices; compensation........................................................................SB 369
APPLING COUNTY; convey property..........................................................,.................SR 560
APPROPRIATIONS AND FISCAL AFFAIRS Balanced budget amendment; urge Congress submit for ratification........................HR 361 Balanced budget amendment; urge Congress submit to states...................................HR 253 Budget Accountability Act of 1997; enact..........................................................................HB 4 Budgetary Responsibility Oversight Committee; duties; amend provisions............................................................................................................HB 715 Budgetary Responsibility Oversight Committee; duties; amend provisions............................................................................................................HB 716 Budget; limit growth to gross state product growth; excess revenue - CA..........................................................................................................HR 46 Budget; limit growth to gross state product growth - CA................................................HR 5 Budget unit object class transfers; General Assembly approval...................................HB 18 Certain students; General Assembly provide educational grants to parents - CA...................................................................................................HR 850 Claims advisory board; exclude certain payments .........................................................SB 423 Federal military budget; shift money to states for domestic use................................HR 312 Fiscal notes; Office of Planning and Budget; prohibit participation .........................HB 537 General appropriations; FY 1997-98................................................................................HB 168 General appropriations; FY 1998-99..............................................................................HB 1250 General appropriations; FY 1998-99..............................................................................HB 1718 General Assembly; cost-of-living adjustment; tie to state employees' salary increase.............................................................................................HB 717 General bills increasing revenue; two-thirds vote required - CA..................................HR 23 General bills increasing revenue; two-thirds vote required - CA................................HR 158 Housing Affordability Impact Note Act; enact..............................................................HB 814 John Marshall Legal Aid Clinic; urge state funds to support.....................................HR 466 Local government; budgets; amend provisions ............................................................HB 1431 Scrap Tire Management Fee; additional legislative intent..........................................HR 874 State auditor; county revenues and expenditures; annual report...............................HB 282 State funds; prohibit expending for behavior inconsistent with law..........................HB 498 State funds; use for performance bonuses - CA............................................................HR 817 State government; privatization of certain operations; certain notice.......................HB 607

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2756

INDEX

APPROPRIATIONS AND FISCAL AFFAIRS (Continued) Supplemental appropriations; FY 1996-97.....................................................................HB 153 Supplemental appropriations; FY 1996-97 .....................................................................HB 169 Supplemental appropriations; FY 1996-97; amend provisions ....................................HB 987 Supplemental appropriations; FY 1997-98 .....................................................................HB 170 Supplemental appropriations; FY 1997-98 ...................................................................HB 1167 Supplemental appropriations; FY 1997-98; Year 2000 computer compliance....................................................................................................HB 1166
ARABIA TEMPLE NO. 11; commend........................................................................HR 1361
ARCHIVES Archives and History, Department of; branch depository; Secretary of State establish by contract ...................................................................HB 1251 Technical and Adult Education; Archives and History; authorize certain library funding...............................................................................HB 1705
ARRESTS Arrest warrants; application by video conference .......................................................HB 1570 Arrest warrants; application by video conference ..........................................................SB 411 Law enforcement officers; certain arrest entry; require search warrant....................HB 953 Warrantless arrests; abuse of vulnerable adult; provisions...........................................SB 159
"ARTHRITIS AWARENESS DAY"; designate March 12, 1998...........................HR 1022
ARTS Certain works of art; Board of Regents; authorize sale or transfer..........................HB 1201 Sales to minors; certain sound recordings; prohibition; penalties ............................HB 1170 Special license plates and decals; promoting the arts in Georgia.............................HB 1155
ASHE, ELIZABETH; commend .....................................................................................HR 1123
ASHLEY, GARY; commend..............................................................................................HR 978
ASHLEY, JANE;commend...............................................................................................HR 751
ASSAULT OR BATTERY Against a sports official; penalties.................................................................................HB 1243 Brandon Act; enact...............................................................................................................HB 43 Crimes Against Family Members Act of 1997; enact.......................................................SB 67 Crimes Against Family Members Act of 1998; enact.....................................................SB 510 Family violence battery; certain release or escape; victim notification...........................................................................................................HB 846 Family violence in the presence of a minor; define....................................................HB 1224 Sexual assault; include sexual contact between attorney and client..........................HB 352 Teachers, personnel, and students; certain student assault; reports............................HB 42
ATHENS, CITY OF Western Judicial Circuit; superior court judges; compensation...................................SB 483
ATHENS-CLARKE COUNTY DEPARTMENT OF POLICE SERVICES AND CHIEF JOSEPH H. LUMPKIN; commend..........................HR 748
ATHLETIC TRAINERS Board of, and Athletic Agent Regulatory Commission; repeal provisions.............................................................................................................HB 581 Health insurance; reimbursement....................................................................................HB 561
ATLANTA ATHLETIC CLUB; commend ...................................................................HR 806
ATLANTA, CITY OF Atlanta-Fulton County; recreation authority; add members.....................................HB 1803

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INDEX

2757

ATLANTA, CITY OF (Continued) Atlanta-Fulton County; recreation authority; compensation of chief executive officer..............................................................................................HB 1697 Atlanta-Fulton County Stadium; request reexamination of its future ......................HR 569 Atlanta Water and Sewer Authority Act; enact ..........................................................HB 1898 City council; amend provisions.......................................................................................HB 1000 Corporate limits................................................................................................................HB 1885 Council meetings; public input.........................................................................................HB 999 Enterprise zones; amend provisions...............................................................................HB 1629 Enterprise zones; duration..............................................................................................HB 1630 Family Court Division; Fulton Superior Court; pilot program.................................HB 1674 Fulton County and Atlanta, City of; tax payment to state, county, and city; same date...........................................................................................SB 506 Homestead exemption; certain persons...........................................................................HB 535 Homestead exemption; certain residents.........................................................................SB 286 House Study Committee on the Atlanta Wastewater System; create........................HR 608 House Study Committee on the Governance of Hartsfield Atlanta International Airport; create........................................................................HR 1312 House Study Committee on the Organization, Authority, and Functions of the Atlanta Regional Commission; create .................................HR 1266 Regional Transportation Plan; express support for projects and programs..................................................................................................HR 1230 State court; appointment of judges pro hac vice.........................................................HB 1238
ATLANTA HOUSING AUTHORITY AND RENEE LEWIS GLOVER; commend.......................................................................................................HR 1080
ATLANTA JUDICIAL CIRCUIT Addjudge.............................................................................................................................HB 269 Add judges..............................................................................................................................SB 77 Family Court Division; Fulton Superior Court; pilot program.................................HB 1674
ATTORNEY GENERAL Campaign contributions from public officers; prohibit ..............................................HB 1566 Ethics in government; prohibit certain mass mailings .................................................HB 873 Joint Study Committee on State Spending for Private Counsel; create ...................HR 166 Open meetings and public records; enforcement actions ...........................................HB 1549 Plurality election...............................................................................................................HB 1529 Private counsel; hourly fee..............................................................................................HB 1588 Provision of counsel; certain correctional officials ........................................................HB 686 Term limits - CA ..................................................................................................................HR 78 University System; law schools; allow recruiting by Department of Law or armed forces............................................................................HB 954
ATTORNEYS Attorney General; private counsel; hourly fee .............................................................HB 1588 Attorney's fees; certain claims; appeals from judgments; review.................................SB 623 Certain fees; reimbursement by state to local boards of education .........................HB 1183 Civil practice; recommencement of dismissed cases; certain actions against judicial officers; attorney's fees..........................................HB 1730 Civil practice; service of offers of settlement; provisions; contracts; torts; repeal certain provisions....................................................................SB 524 Condominium associations; assessment liens; limit attorney's fees..........................HB 1775 Guardians; incapacitated adults; legal rights concerning guardianship contract .....................................................................................................SB 181 Guardians; incapacitated adults; notice of evaluation...................................................SB 179 John Marshall Legal Aid Clinic; urge state funds to support....,................................HR 466 Joint Study Committee on State Spending for Private Counsel; create ...................HR 166

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2758

INDEX

ATTORNEYS (Continued) Legal representation; corporations and limited liability companies; prohibitions; exception ..............................................................................HB 993 Personal injury victims; prohibit unsolicited contact by attorneys........................,...HB 962 Private detectives; licenses; qualifications......................................................................HB 905 Privileged testimony; attorney and client; extend privilege .........................................SB 634 Sexual assault; include sexual contact between attorney and client..........................HB 352 Subpoenas for certain depositions; attorney issuance...................................................HB 319 University System; law schools; allow recruiting by Department of Law or armed forces............................................................................HB 954
AUBURN, CITY OF; dissolve charter; advisory referendum....................................HB 1829
AUCTIONEERS Auctioneers Commission; repeal provisions....................................................................HB 581 Buyer's premium; disclosure ...........................................................................................HB 1454
AUDITS AND AUDITORS Fiscal notes; Office of Planning and Budget; prohibit participation .........................HB 537 Georgia Education Authority (University); amend provisions.....................................SB 292 Hospital authorities; certain certified audits; remove requirement..........................HB 1222 Local government; budgets; amend provisions ............................................................HB 1431 Local government; budgets and audits; grant certification........................................HB 1364 Payroll audits; merit system; remove requirement .....................................................HB 1421 Special county 1% sales tax; audit report schedule; auditor's report......................HB 1433 State auditor; county revenues and expenditures; annual report...............................HB 282 State auditor; Legislative Services Committee determine salary..............................HB 1396 State funds; prohibit expending for behavior inconsistent with law..........................HB 498 State government; certain performance audits and reports; provisions...................HB 1321 State government; certain relations with nonprofit organizations; amend provisions.................................................................,.................HB 722 State government; relations with certain nonprofit organizations; amend provisions....................................................................................SB 474
AUGUSTA, CITY OF Augusta-Richmond County Coliseum Authority; members .........................................HB 216 Augusta-Richmond County; county attorney; appointment........................................HB 743
AUSTELL, CITY OF Norfolk Southern Railroad intermodal facility; express opposition .........................HR 1252
AUSTIN, J. W., SR,; condolences...................................................................................HR 1197
AUTHORITIES Brain and Spinal Injury Trust Fund Authority; create................................................HB 456 Brain and Spinal Injury Trust Fund Authority; create ................................................SB 110 Chehaw Park Authority; membership ...........................................................................HB 1614 Counties and state authorities; ordinance violations; increase penalty .....................HB 520 Counties; certain authorities; authorize certain charitable grants or contributions ...................................................................................................SB 567 Employees' Retirement; prior Georgia Housing and Finance Authority service; creditable service ............................................................................HB 786 Georgia Education Authority (University); amend provisions .....................................SB 292 Georgia Golf Hall of Fame Authority; create...............................................................HB 1126 Georgia Sports Hall of Fame; amend provisions .........................................................HB 1419 Georgia Student Finance Authority; scholarship grants; certain students at North Georgia College ...............................................................HB 1552 Health Care Authorities Law; enact..............................................................................HB 1101 Hospital authorities; certain certified audits; remove requirement..........................HB 1222 Hospital authorities; prohibition of state funds ..............................................................HB 65

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INDEX

2759

AUTHORITIES (Continued) Hospital authorities; sale of hospitals; use of proceeds..............................................HB 1682 Hospital authorities; sale or lease of health care facility; public hearing....................................................................................................SB 220 Housing authorities; certain loans not usurious; certain nonresidents; prohibit presence on property............................................................HB 1604 Housing authorities; commissioners; compensation ......................................................HB 414 Housing authorities; sales tax exemption.....................................................................HB 1563 Housing; down payment assistance; federal funds........................................................HB 469 Jekyll Island--State Park Authority; certain leasehold interests; taxes..................................................................................................................SB 643 Labor practices; strikes by public employees; prohibitions .......................................HB 1373 Local government; registration; include members' names .........................................HB 1557 Middle Chattahoochee Water Resources Authority; create .......................................HB 1401 Nonprofit corporations; hospital authorities; amend provisions..................................SB 261 Property; certain sales by city or county employee; prohibit....................................HB 1542 Rail Passenger Authority; study passenger rail service................................................HR 395 Stone Mountain Memorial Association; appointment of members ..........................HB 1231 Stone Mountain Memorial Association; capital improvement fund; create......................................................................................................................HB 950 Stone Mountain Memorial Association; certain contracts; General Assembly approve ............................................................................................HB 224 Stone Mountain Memorial Association; certain contracts; limit terms ......................SB 274 Stone Mountain Memorial Association; certain tax proceeds; amend provisions..........................................................................................................HB 1232 Stone Mountain Memorial Association; exercise of police powers ..............................SB 604 Tollways; exempt certain disabled persons....................................................................HB 376 Water and Sewerage Authority Act; enact.....................................................................HB 603
AVIATION Aircraft used for agricultural purposes; sales tax exemption ......................................HB 196 Aircraft used for agricultural purposes; sales tax exemption....................................HB 1347 Certain antique hobby aircraft; ad valorem tax exemption.........................................HB 166 House Study Committee on the Governance of Hartsfield Atlanta International Airport; create........................................................................HR 1312
AVINGEE, CARRIE CODY; condolences.....................................................................HR 908
AVONDALE ESTATES, CITY OF; development authority; abo!ish....................HB 1634

B. E. USHER MIDDLE SCHOOL; commend...........................................................HR 1117
BACON COUNTY; state court; create ..........................................................................HB 1923
BACON COUNTY RED RAIDERETTES; commend............................................HR 1283
BAIL (BONDS AND RECOGNIZANCES) Bail recovery agents; licensing and regulation .............................................................HB 1136 Criminal bond sureties; increase compensation amount............................................HB 1390 Fleeing of principal to foreign country; surety not liable............................................HB 810 Misdemeanors; local ordinances; prohibit requirement..............................................HB 1379 Murder; granting of bail; restrictions............................................................................HB 1548 Parolees and probationers; certain crimes; bailable before superior court................................................................................................................HB 1493
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INDEX

BAILEY, KAYLA ANN; commend ..............................................................................HR 1130
BAKER, HONORABLE THURBERT; resignation...................................................Page 13
BALDWIN COUNTY Convey property..................................................................................................................SR 493 Convey property..................................................................................................................SR 494 Convey property..................................................................................................................SR 496 Homestead exemption; certain residents ............................................................,...........HB 656 Joint Study Committee on Baldwin County State Properties; create........................SR 151 Tax commissioner; compensation...................................................................................HB 1823
BALL GROUND, CITY OF; corporate limits ...............................................................SB 707
BANKING AND FINANCE Banks; certain errors; pay fee to account holder.........................................................HB 1541 Commissioner of banks and banking; Governor determine salary ...........................HB 1396 Credit unions; incorporation and membership; restrictions.........................................HB 734 Deposit account fraud; instruments for collateral; prohibit acceptance for less than face value ...............................................................SB 590 Deposit account fraud; recovery; include certain fees................................................HB 1264 Financial institutions; check cashing; prohibit fingerprinting.......................................HB 33 Financial institutions; extensive revision of provisions ..............................................HB 1354 Financial institutions; insufficient funds fee; written notice .....................................HB 1487 Financial institutions; multiparty accounts; rights of survivorship..........................HB 1058 Financial institutions requiring fingerprints; prohibit business transactions with state agencies...................................................................HB 618 Mortgage brokers; licenses; out-of-state applicants....................................................HB 1496 Mortgage lenders and brokers and check cashers; denial or revocation of license; failure to pay education loans...........................................HB 884 Mortgage lenders and brokers; certain required reports; exception...........................HB 725 Mortgage lenders; failure to pay insurance premiums; liability..................................HB 478 Pawnbrokers; title pawn transactions; amend provisions.............................................HB 610 Personal Financial Security Act; enact; define financial identity fraud...................................................................................................SB 513 Property; certain lenders; prohibit requiring mortgage insurance..............................HB 913 State government; prohibit doing business with certain financial institutions.......................................................................................................HB 940 Worthless financial instruments; district attorney's action.......................................HB 1661
BANKS, CHARLIE MAE MILES; commend ...........................................................HR 1316
BARFOOT, REPRESENTATIVE FISHER; commend..........................................HR 1472
BARNES, HONORABLE ROY; bid fond farewell....................................................HR 1473
BARNETTE, JUSTIN; commend ...................................................................................HR 767
BARNWELL, ANDRE; commend .................................................................................HR 1385
BARRETT, GIL; commend..............................................................................................HR 1432
BARROW COUNTY Board of commissioners; compensation.........................................................................HB 1792 Board of commissioners; districts ..................................................................................HB 1533 Board of education; districts...........................................................................................HB 1534 Homestead exemption; certain residents ........................................................................HB 984 Homestead exemption; certain residents........................................................................HB 985 Homestead exemption; certain residents......................................................................HB 1767
BARRY, DR. LANCE D. Commend.............................................................................................................................HR 823 Invite to House ...................................................................................................................HR 951

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INDEX

2761

BARTOW COUNTY Superior court clerk; compensation...............................................................................HB 1644 Superior court clerk; compensation ...............................................................................HB 1700 Superior court clerk; compensation...............................................................................HB 1773
BATES, HONORABLE "K"; committee assignment ..................................................Page 14
BATSON HENRY C.; compensate ................................................................................HR 1142
BAUGH, DR. JAMES E. Commend.............................................................................................................................HR 910 Commend...........................................................................................................................HR 1198
BEALL, JOSEPH MCCAGEOR, SR.; commend......................................................HR 1039
BEASLEY, BEN AND KAREN; commend ...............................................................HR 1430
BEER (See Alcoholic Beverages and Alcoholism)
BELL-FORSYTH JUDICIAL CIRCUIT Create ...................................................................................................................................HB 406 Create ......................................................................................................................................SB 77
BEN JESSUP BRIDGE Urge designation by Department of Transportation ....................................................HR 611
BENEFIELD, HONORABLE JIMMY; committee assignment..............................Page 20
BENNETT, ANN C.; compensate ....................................................................................HR 782
BENNETT, DIANNE MOORE Commend...........................................................................................................................HR 1470 Commend...........................................................................................................................HR 1474
BENNETT, HONORABLE HAROLD D.; condolences..........................................HR 1365
BENNETT, HONORABLE LAWRENCE L.; commend..........................................HR 887
BERHANE, GENET; invite to House...........................................................................HR 1223
BERRY, BETTS;commend.............................................................................................HR 1402
BERRY, DORIS MAE CALVIN; condolences ..........................................................HR 1438
BETHESDA TEMPLE APOSTOLIC FAITH, INC., AND SUFFRAGAN BISHOP STEWART, JR.; commend ...............................HR 1143
BETTY PORTER FIELD MEMORIAL BRIDGE; designate .............................HR 1106
BEVERAGE CONTAINERS Open alcoholic beverage container in motor vehicle; driver or passenger..........................................................................................................SB 203
BIBB COUNTY Convey property............................,.....................................................................................HR 825 Convey property..................................................................................................................HR 829 Grant easement....................................................................................................................SR 530 Macon-Bibb County; joint board of health; repeal amendment creating................HB 1849 Macon Water Authority Act; amend provisions ............................................................HB 710
BICKMORE, LISA;commend..........................................................................................HR 753
BICYCLES Highways; certain transportation definitions; include bicycle and railroad facilities .....................................................................................................HB 623 Highways; certain transportation definitions; include bicycle and railroad facilities.............................................................................................--......SB 145

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2762

INDEX

"BILL OF RIGHTS DAY" ...-...---......................-...........................-..-.............................-..........HB 1173
Designate December 15....................................................................................................HB 1434
BILLINGS, RUSSELL; commend ................................................................................HR 1328
BISHOP, CONGRESSMAN SANFORD; invite to House .......................................HR 869
BLACKSMITH WEEK IN GEORGIA; recognize March 15-21, 1998....................HR 892
BLANKENSHIP, DANIELLE; commend....................................................................HR 755
BLASTING; utility facility; redefine ..............................................................................HB 1098
BLIND PERSONS (See Handicapped Persons)
BLOOMINGDALE, CITY OF; corporate limits ........................................................HB 1691
BLUE CROSS AND BLUE SHIELD OF GEORGIA Urge certain investigation ...............................................................................................HR 1195
BLUE RIDGE JUDICIAL CIRCUIT Amend provisions ..................................................................................................................SB 77 Judges; compensation. ......................................................................................................HB 1894 ...........................................................................................................................HB 406
BOARD OF REGENTS, UNIVERSITY SYSTEM OF GEORGIA Certain instructors; require teaching experience...........................................................HB 181 Certain works of art; authorize sale or transfer. ..........................................................HB 1201 Education loans in default; denial or revocation of certain occupation licenses .........................................................................................................HB 884 Education; rape avoidance course; establish ................................................................HB 1065 Georgia Education Authority (University); amend provisions .....................................SB 292 Georgia Street Gangs Act of 1998; enact; Georgia Street Gang and Terrorism Prevention Act; comprehensive revision of provisions.......................................................,...........................................................HB 1391 Geriatrics; encourage creation of graduate medical education curricula. ...................SR 587 Geriatrics; urge establishment of certain curricula .......................................................HR 841 Gingrich, U. S. Representative Newton L.; effect of actions on Kennesaw State University Foundation; remedies ..............................................HR 115 Hospitals; educational grants; restrict funding for certain residents .................. .....HB 1616 Law schools; allow recruiting by Department of Law or armed forces...... ................HB 954 Outstanding Scholars on Academic Recognition Day; commend....... .......................HR 1416 Postsecondary remedial instruction; submission of certain reports .........................HB 1562 Retirement; members ineligible for certain Teachers Retirement benefits........................................................................................................HB 943 University of Georgia; prohibit certain discrimination...............................................HB 1685 University System of Georgia Outstanding Scholars on Academic Recognition Day; commend ......................................................................HR 1416
BOATS Ad valorem tax; decals; registration ..............................................................................HB 1509 Boating safety zones; amend provisions........................................................................HB 1315 Boating under the influence; child endangerment......................................................HB 1393 Game and fish; amend provisions ..................................................................................HB 1352 On state park lakes; restrictions .......................................................................................SB 484 Speed restrictions; accidents....................................................................----.-- HB 1395 Watercraft and personal watercraft; amend provisions.......... ................ .................. ..HB 1394
BOBBY EUGENE PARHAM FOOD SERVICE FACILITY Designate at Central State Hospital.................. ...... -- ........... .----.......----....------ SR 588

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INDEX

2763

BOGART, TOWN OF New charter.........................................................................................................................HB 955 New charter.......................................................................................................................HB 1236
BOGGS, MR. AND MRS. HENRY; commend............................................................HR 985
BOGGUS, JUDY AND DON, SR.; commend............................................................HR 1026
BOND, ELTON E.; condolences .....................................................................................HR 1427
BONDS Agricultural dealers, grain dealers, warehousemen; breach of bond; hearings; actions; complaints .........................................................HB 1211 Bail; misdemeanors; local ordinances; prohibit requirement.....................................HB 1379 Criminal bond sureties; increase compensation amount............................................HB 1390 Fleeing of principal to foreign country; surety not liable ............................................HB 810 Livestock; special sales; bonds; exempt 4-H clubs and Future Farmers of America.........................................................................................HB 1460 Revenue bonds; powers of eminent domain; amend provisions ..................................HB 852
BOOKER, JUANITA C.; commend ..............................................................................HR 1161
BOSTWICK, CITY OF; new charter.............................................................................TM 1465
BOUNDARIES Local government; service area; redefine; boundary designation..............................HB 1510
BOX, CORINE LEGG; condolences ..............................................................................HR 1014
BOYD, WALTER BROCK; commend ...........................................................................HR 757
BRADBURY, TOM; compensate .....................................................................................HR 790
BRADFORD, MARJORIE BARNHART; commend................................................HR 950
BRANDON, JUDY;commend..........................................................................................HR 889
BRANNON, PATRICIA THOMAS; commend.........................................................HR 1284
BRANTLEY COUNTY 1997 HIGH SCHOOL FOOTBALL TEAM; commend ............................................................................................................HR 1307
BRAY, HUIE;commend...................................................................................................HR 1421
BREMEN, CITY OF Carroll County; sales tax for education purposes; distribution .................................HB 1168 Hospital authority; members..........................................................................................HB 1850 Municipal court; amend provisions................................................................................HB 1891
BRIDGES (See Highways, Bridges, and Ferries)
BRINSON, APRIL HEATHER; commend ................................................................HR 1292
BRINSON, DEBORAH ANN JOYCE; compensate ..................................................HR 161
BRISBANE, ROBERT H., PH.D.; condolences .........................................................HR 1013
BRITT, VAN; commend ...................................................................................................HR 1044
BROOK RUN;commend....................................................................................................HR 298
BROOKS, HONORABLE TYRONE; communications .................................Pages 555, 556
BROOKS, JUSTIN; commend .........................................................................................HR 773
BROOKS, PEARL; commend .........................................................................................HR 1360

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2764

INDEX

BROWN, BURNELL;commend....................................................................................HR 1274
BROWN, HAROLD L; compensate...............................................................................HR 1024
BRUNSWICK, CITY OF Coastal Regional Aquarium and Maritime Facility Study Commission; create..........................................................................................................SR 185
BRYAN COUNTY Homestead exemption; referendum..................................................................................SB 619 Probate court judge; compensation................................................................................HB 1897
BRYANT, WYLENE; commend ......................................................................................HR 796
BUCHANAN, WADE TALMADGE; commend..........................................................HR 794
BUCK, HONORABLE THOMAS B., Ill; communication...................................Page 1479
BUDGET (See Appropriations and Fiscal Affairs)
BUFORD, CITY OF Distribution of certain tax...............................................................................................HB 1785 Sales tax distribution for education .................................................................................SB 502 Sales tax distribution for education .................................................................................SB 646
BUILDINGS AND HOUSING Basic Bathroom Standards Act of 1998; enact ............................................................HB 1277 Building codes; arbitration; amend provisions...............................................................HB 189 Building permits; content; display.................................................................................HB 1337 Certain homes with handicapped accessibility features; income tax credit..........................................................................................................HB 1621 Elections; registration of homeless voters; provide .....................................................HB 1177 Fire protection; buildings presenting special hazards; conflicting codes...............................................................................................................SB 212 Handicapped persons; speculative private residences; provisions...............................HB 514 Home Repair Fraud Act; enact ......................................................................................HB 1459 Homeowner's Warranty Rights Act; enact ...................................................................HB 1778 Housing Affordability Impact Note Act; enact..............................................................HB 814 Housing authorities; certain loans not usurious; certain nonresidents; prohibit presence on property ............................................................HB 1604 Housing authorities; commissioners; compensation ......................................................HB 414 Housing; down payment assistance; federal funds ........................................................HB 469 Lead; abatement on person's property; amend provisions............................................SB 481 Lead-based paint; prohibit renting or leasing................................................................HB 580 Real estate transactions; disclosure requirements; exceptions..................................HB 1274 Sales tax; exempt sales to housing authorities.............................................................HB 1563 Threats and use of force; allow in defense of dwellings, businesses, and motor vehicles......................................................................................SB 476 Zoning and building inspections; nonelected city and county employees; prohibit certain action ................................................................HB 1073
BULLOCH COUNTY; state court solicitor-general....................................................HB 1818
BURGSTINER, DR. CARSON B. "BUCKY"; condolences ....................................HR 805
BURNSED, E. JAMES; commend ..................................................................................HR 868
BURRIS, CHUCK; commend.........................................................................................HR 1199
BURTON, JAMES S.; commend ...................................................................................HR 1294
BUSH, GEARY;commend.................................................................................................HR 745

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2765

BUSINESS AND OCCUPATION TAX Business expansions; allocation and apportionment of income ................................HB 1353 Coin operated amusement machines; amend provisions ............................................HB 1294 Depository financial institutions; local business tax.......................................................HB 69 Drug-free workplace; employer contributions and taxes; reduced rate....................HB 1720 Local governments; collection of certain taxes; special districts...............................HB 1095 Pine straw; sales to dealers; business license or tax number.......................................HB 941 Tax credits; certain businesses in less developed counties; extend certain tax exemption .....................................................................................HB 1147 Tax returns; failure to disclose certain information; notify revenue commissioner.......................................................................................HB 1625 Telecommunication systems; certain fees; authorize..................................................HB 1091
BUTLER, BRETT MORGAN; commend ...................................................................HR 1233
BUTLER, JOSEPH BURTON; commend..................................................................HR 1076
BUTTS COUNTY; Flint Judicial Circuit; salary supplements ...................................HB 564
BYRD, EMMA LEE; compensate....................................................................................HR 788
BYRD, HENRY; commend ..............................................................................................HR 1015
BYRD, HONORABLE ROGER; communications...........................................Pages 559, 560
"C. W. BRADLEY HIGHWAY"; designate.................................................................HR 1101

CADLE, IVY N.; commend..............................................................................................HR 1145
CADWELL, S. C. Commend...........................................................................................................................HR 1260 Commend; urge Department of Transportation to name road.................................HR 1311
CAMPAIGN AND FINANCIAL DISCLOSURE Attorney General; campaign contributions from public officers; prohibit............................................................................................................HB 1566 Campaign contributions; amend provisions..................................................................HB 1665 Campaign contributions; amount exceeding maximum; prohibit acceptance .........HB 1577 Campaign contributions; certain candidates; prohibit from lottery vendors.....................................................................................................HB 1589 Campaign contributions; disclosure reports; filing date.............................................HB 1230 Campaign contributions; independent expenditures; certain exemption.................HB 1599 Campaign contributions; lottery and gambling vendors; prohibitions.....................HB 1680 Campaign contributions; supplemental disclosure reports.........................................HB 1553 Campaign literature; identification of authors; repeal provisions.............................HB 1726 Campaigns; disclosure reports; political action committees; repeal exemption ....................................................................................HB 1501 Candidates; contributing to own campaign; limitations.............................................HB 1207 Elections; independent expenditures; regulation.............................................................HB 39 Electronic Filing Act of 1997; enact ................................................................................HB 898 Ethics in government; candidates and family; contributions .......................................SB 605 General Assembly; campaign contributions; use for training expenses ...................HB 1221 General Assembly Integrity Act of 1997; enact .................................................................HB 3 General Assembly Integrity Act of 1997; enact ...............................................................HB 13
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2766

INDEX

CAMPAIGN AND FINANCIAL DISCLOSURE (Continued) Labor organizations; certain funds used for political purposes; regulate.........................................................................................................HB 1594 Lobbyists; prohibit presence on third floor of capitol................................................HB 1795 Lobbyists; registration; amend provisions ....................................................................HB 1581 Republican United States House of Representatives Speaker Newt Gingrich Act; enact...............................................................................HB 218
CAMPAIGN TO DISCOURAGE TEEN-AGE DRINKING; commend ...........HR 1466
CANDIDATES Campaign contributions; amend provisions..................................................................HB 1665 Campaign contributions; amount exceeding maximum; prohibit acceptance .........HB 1577 Campaign contributions; disclosure reports; filing date.............................................HB 1230 Campaign contributions; independent expenditures; certain exemption.................HB 1599 Campaign contributions; lottery and gambling vendors; prohibitions.....................HB 1680 Campaign contributions; supplemental disclosure reports.........................................HB 1553 Campaign literature; identification of authors; repeal provisions.............................HB 1726 Certain candidates; campaign contributions; prohibit from lottery vendors.....................................................................................................HB 1589 Commission on Political Campaign Advertising; create...............................................HB 502 Contributing to own campaign; limitations..................................................................HB 1207 County officers; nonpartisan election; authorization....................................................HB 207 Drug testing requirement; temporary waiver...................................................................HB 37 Elections; absentee ballots and envelopes; voter fraud warnings ...............................HB 749 Elections; absentee ballots; registrars use additional buildings................................HB 1812 Elections by mail; pilot counties; provisions..................................................................HB 260 Elections; campaign activities; prohibit false statements.............................................HB 230 Elections; candidate qualifications challenge; hearing..................................................HB 638 Elections; candidates for local office; drug testing........................................................HB 120 Elections; candidates; prohibit certain qualification.......................................................HB 47 Elections; certain amplified solicitation of votes; prohibit..........................................HB 160 Elections; certain contested primaries, elections, and runoffs ....................................HB 821 Elections; certain county boards; vacancies....................................................................HB 633 Elections; certain qualifying fees; distribution...............................................................HB 636 Elections; certain state-wide offices; plurality election ..............................................HB 1529 Elections Code; merge general and municipal provisions; repeal Georgia Municipal Code.....................................................................................SB 630 Elections; eliminate certain primaries; extensive revision of provisions....................................................................................................HB 1477 Elections; independent expenditures; regulation.............................................................HB 39 Elections; members of Congress; multiple-member districts.......................................HB 977 Elections; 1992 and 1996 primaries; delete certain provisions ....................................HB 818 Elections; nomination petitions; amend provisions.......................................................HB 632 Elections; persons in arrears on taxes; prohibit eligibility ...........................................HB 159 Elections; presidential electors; certification..................................................................HB 637 Elections; primaries; amend provisions...........................................................................HB 819 Elections; recall petitions; amend provisions.................................................................HB 942 Elections; voting; amend provisions.................................................................................HB 817 Electronic Filing Act of 1997; enact ................................................................................HB 898 Ethics in government; candidates and family; contributions .......................................SB 605 Ethics in government; certain violations; penalties.....................................................HB 1284 General Assembly; campaign contributions; use for training expenses ...................HB 1221 Ineligibility to hold elective office; felony conviction; exception - CA.................................................................................................................HR 396 Labor organizations; certain funds used for political purposes; regulate......................................................................................----............HB 1594 Mandatory drug testing; commission of certain drug related offenses....................HB 1139

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2767

CANDIDATES (Continued) Merit system; certain officers and employees; Selective Service registration.........................................................................................................HB 946 Municipal elections; notice of write-in candidacy..........................................................SB 532 Pardons and paroles; board employees; candidates for public office.........................HB 175 Sheriffs; qualifications; training; redefine peace officer................................................SB 142 State elected executive officers; prohibit certain mass mailings.................................HB 873
CANDLER COUNTY Metter-Candler County Airport Authority; members; terms....................................HB 1756
CANNONVILLE, TOWN OF Invite William S. Cannon VI to House...........................................................................HR 949
CAPTAIN HENRY WILL JONES BRIDGE; designate.........................................HR 424
CARROLL COUNTY Coweta Judicial Circuit; judges; salary supplements .....................................................SB 677 Family connection authority; create..............................................................................HB 1760 Homestead exemption; certain residents......................................................................HB 1690 Sales tax for education purposes; distribution.............................................................HB 1168 School tax; reimbursement for collecting......................................................................HB 1527 State court; full-time solicitor.........................................................................................HB 1764 State court; terms.............................................................................................................HB 1605
CARROLL, KATHY; commend .....................................................................................HR 1366
CARROLLTON, CITY OF Homestead exemption; certain residents......................................................................HB 1689 Sales tax for education purposes; distribution.............................................................HB 1168
CARTER, HONORABLE HANSON Committee assignment.........................................................................................................Page 3 Resignation..........................................................................................................................Page 18
CARTERSVILLE, CITY OF School taxes; amend provisions......................................................................................HB 1701 Taxes for educational purposes ......................................................................................HB 1647
CARWELL, MARY ELIZABETH; condolences........................................................HR 1063
CASON, DIANA; commend.............................................................................................HR 1180
CATOOSA COUNTY Board of elections and registration; chairperson...........................................................HB 982 Board of utilities commissioners; amend provisions...................................................HB 1919 Board of utilities commissioners; compensation..........................................................HB 1905 Homestead exemption; certain residents......................................................................HB 1309 Homestead exemption; certain residents ......................................................................HB 1310 Public works authority; create........................................................................................HB 1734
CAUGHMAN, DAVID AND THE LAKESIDE LEDGER; commend..............HR 1159
CEMETERIES Outdoor advertising; certain sign placement restrictions; exception........................HB 1304 Vandalism to a cemetery or memorial; define offense..................................................HB 840
CENTENNIAL ANNIVERSARY OF PROFESSIONAL SOCIAL WORK; commend .........................................................................................HR 1275
CERTIFICATE OF TITLE (See Motor Vehicles and Traffic)
CENTRAL BAPTIST CHURCH OF NEWNAN; commend ................................HR 1373

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2768

INDEX

CERTIFIED LITERATE IS COWETA'S KEY (CLICK) PROGRAM AND NEWNAN-COWETA CHAMBER OF COMMERCE; commend........................................................................................HR 1422
CERTIORARI Domestic relations; certain appeals; amend provisions................................................HB 629
CHANDLER, MEREDITH (MERRY) B.; compensate............................................HR 861
CHAPLAINS, HOUSE OF REPRESENTATIVES Acuff, Reverend Larry.........................................................................................................Page 1 Austin, Reverend James W...........................................................................................Page 2025 Avant, Dr. John..............................................................................................................Page 2275 Baker, Reverend J. PhiUip..............................................................................................Page 128 Banks, Reverend Bobbie Wrenn....................................................................................Page 393 Brantley, Elder Kenneth L...........................................................................................Page 1892 Broxton, Reverend Larry L..............................................................................................Page 85 Carter, Dr. Charles.........................................................................................................Page 1712 Carter, Reverend Ken....................................................................................................Page 1779 Chewning, Reverend Richard T...................................................................................Page 1209 Cochran, Reverend Raymond .........................................................................................Page 228 Cofield, Reverend Wayne................................................................................................Page 783 Dowdy, Dr. Tim................................................................................................................Page 492 Ehrhart, Representative Earl .......................................................................................Page 1082 Ellis, Reverend Edward L., Jr........................................................................................Page 894 Faircloth, Reverend Jim..................................................................................................Page 285 Hartley, Reverend Fred, III..........................................................................................Page 1037 Haynes, Reverend Felix, Jr.............................................................................................Page 625 Hughes, Reverend James ................................................................................................Page 206 Kimmel, Reverend Steven ............................................................................................Page 2113 Lanford, Dr. Laudis H. "Rick" ....................................................................................Page 1481 McClung, Reverend Ron ...............................................................................................Page 1387 Morecraft, Reverend Joseph C., III.............................................................................Page 1251 New, Rabbi Yossi.............................................................................................................Page 422 Newton, Reverend Jerry F..............................................................................................Page 994 Pilgrim, Dr. Phil G.........................................................................................................Page 1117 Richter, Reverend Kimberly C.......................................................................................Page 189 Ridley, Reverend Benjamin ............................................................................................Page 545 Samuel, Reverend Kenneth ..............................................................................................Page 63 Skipper, Representative Jimmy ...................................................................................Page 1082 Smith, Dr. W. Ches, III...................................................................................................Page 257 Smith, Reverend Charles.................................................................................................Page 110 Smith, Reverend W. A. (Bill) .........................................................................................Page 757 Spann, Reverend Ray V..................................................................................................Page 146 Story, Reverend Floyd.....................................................................................................Page 956 Summerour, Reverend Larry ..........................................................................................Page 719 Taylor, Reverend John Lee ............................................................................................Page 174 Turner, Reverend Rodney K..........................................................................................Page 455 Tyre, Dr. O. Eugene...........................................................................................................Page 44 Walker, Reverend William O........................................................................................Page 1321 Zeller, Dr. Jerry..............................................................................................................Page 1643
CHAPMAN, FRANKIE WILSON; commend .............................................................HR 752
CHAPMAN, HARRY; commend....................................................................................HR 1084
CHAPMAN, LEE; commend ...........................................................................................HR 1242
CHARITIES Certain historical fraternal benefit associations; ad valorem taxexemption................................................................................................................HB 1084

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2769

CHARITIES (Continued) Commission on Political Campaign Advertising; create...............................................HB 502 Counties; certain authorities; authorize certain charitable grants or contributions.................................................................................SB 567 Food sales and food service establishments; nonprofit food sales and service...................................................................................................HB 1576 Registration renewal; include additional information.................................................HB 1545 Sales tax; exempt certain food sales; Boy Scouts and Girl Scouts...........................HB 1656 Schools; students performing certain unpaid work; prohibit.....................................HB 1403 Solicitation of contributions; audits; registration........................................................HB 1143 Ticket scalping; exempt charitable organizations........................................................HB 1476
CHARLES A. PANNELL, SR., HIGHWAY; designate..........................................HR 1102
CHARLES D. COLEY ROAD; recognize honorary designation................................HR 901
CHATHAM COUNTY Assistant county administrators; probate judge appoint...............................................SB 136 Chatham Area Transit Authority; repeal certain provisions.....................................HB 1927 Chatham-Savannah Authority for the Homeless; amend provisions........................HB 1811 Convey property................................................................................................................HR 1187 Convey property..................................................................................................................SR 489 Convey property..................................................................................................................SR 527 Coroner; compensation.....................................................................................................HB 1801 Grant easement.................................................................................................................HR 1051 Grant easement....................................................................................................................SR 530 Grant easement....................................................................................................................SR 627 Homestead exemption; certain citizens.........................................................................HB 1608 Recorder's court; director's supervision.....................................................,..................HB 1032 Superior court clerk; nonpartisan election....................................................................HB 1004 Transit services; repeal certain provisions....................................................................HB 1928
CHATTAHOOCHEE COUNTY Chattahoochee Judicial Circuit; superior court judges; supplement...........................SB 584
CHATTAHOOCHEE JUDICIAL CIRCUIT Superior court judges; supplement...................................................................................SB 584
CHATTOOGA COUNTY; homestead exemption; certain residents........................HB 1836
CHECKS (See Banking and Finance or Financial Institutions)
CHEROKEE COUNTY Blue Ridge Judicial Circuit; judges; compensation.....................................................HB 1894 Community improvement districts; create ...................................................................HB 1748 Homestead exemption; certain residents......................................................................HB 1671
CHICKAMAUGA, CITY OF; homestead exemption; certain residents .................HB 1921
CHILD ABUSE Certain meetings and records; allow public access.........................................................SB 473 Child custody; emotional, physical, or psychological abuse evidence; visitation.................................................................................................SB 71 Child molestation offenses; touching and not touching child......................................HB 957 Child molestation; sentencing - CA.................................................................................HR 114 House Protection of Children from Sexual Abuse Study Committee; create...............................................................................................HR 780 Insurance; prohibit discrimination against abuse victims..........................................HB 1479 Insurers; domestic abuse victims; prohibit discrimination.........................................HB 1275
CHILD CUSTODY (Also, see Domestic Relations or Parent and Child) Amend provisions.............................................................................................................HB 1554

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CHILD CUSTODY (Also, see Domestic Relations or Parent and Child) (Continued) Awards; annual review.......................................................................................................HB 229 Child's choice of parent; court consider........................................................................HB 1455 Court consider desire of child age 10 to 14....................................................................HB 231 Domestic relations; certain appeals; amend provisions................................................HB 629 Emotional, physical, or psychological abuse evidence; visitation...................................SB 71 Ex parte orders; conditions for issuance .......................................................................HB 1112 Father 's rights; certain termination; filing of petition..............................................HB 1752 Grandparent's visitation; amend provisions ...................................................................HB 971 Joint; court grant when in best interest of child.........................................................HB 1536 Juvenile proceedings; removal of child from home; family reunification; foster care.............................,....................................................HB 1585 Legitimacy of child; paternity established; parental power.........................................HB 995 Minors; select custodial parent at age 12 .....................................................................HB 1411 Parental rights; termination; amend provisions...........................................................HB 1571 Presumption of joint legal and physical custody; provisions........................................SB 187
CHILD SUPPORT (See Alimony and Child Support)
CHILDREN AND YOUTH, DEPARTMENT OF (See Minors)
CHILDS, DAUPHIN VESRO, JR.; condolences ......................................................HR 1008
CHIROPRACTORS Continuing education .......................................................................................................HB 1435 Redefine chiropractic.......................................................................................................HB 1109 Torts; voluntary health care services.............................................................................HB 1641
CIGARS AND CIGARETTES Litter; definition; include cigarette butts .......................................................................HB 248 State capitol; designate smoke-free building................................................................HB 1272 Tobacco; furnishing to minors; amend provisions .........................................................HB 864 Tobacco Industry Payments Trust Fund; create - CA.................................................HR 734
CIRALDO, AL; condolences ..............................................................................................HR 987
CITIZENS CHRISTIAN ACADEMY Girls basketball team; commend....................................................................................HR 1386 Patriots boys basketball team; commend .....................................................................HR 1248
CITY COURTS (See Courts or Municipalities)
CIVIL PRACTICE Attorney's fees; certain claims; appeals from judgments; review.................................SB 623 Building codes; arbitration; amend provisions...............................................................HB 189 Certain dismissed civil cases; recommence in federal court ......................................HB 1316 Civil trials; juries of six - CA.............................................................................................SR 200 Habeas corpus; prohibit use as certain challenge - CA..................................................HR 32 Judgments; actual damages; criminal restitution ..........................................................HB 399 Judicial Budget Administration Act of 1998; enact....................................................HB 1617 Judicial sales; real property; legal ad include description..........................................HB 1406 Land surveyors; action to recover damages; prohibit after six years.......................HB 1154 Land surveyors; actions for damages; time limitation...................................................SB 147 Process servers; eligibility; appointment by certain court .........................................HB 1196 Recommencement of dismissed cases; certain actions against judicial officers; attorney's fees...............................,.....................................HB 1730 Request for nonparty health care records; notice .........................................................HB 395 Service of offers of settlement; provisions; contracts; torts; repeal certain provisions ......................................................................................SB 524 Six-member juries; General Assembly prescribe - CA..................................................HR 173

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2771

CIVIL PRACTICE (Continued) Subpoenas for certain depositions; attorney issuance...................................................HB 319 Trespass; damage to realty; right of action; tolling of limitations............................HB 1157 Trespass; limitation of actions; prohibit after 10 years................................................HB 251 Trespass; limitation of actions; when cause accrues .....................................................HB 263 Venue; tortfeasors residing in different counties............................................................SB 372
CLAIMS ADVISORY BOARD; exclude certain payments........................................SB 423
CLARENCE A. ELLIS ROAD; recognize honorary designation...............................HR 899
CLARK, RUDOLPH; commend.....................................................................................HR 1059
CLARKE COUNTY Ad valorem tax; assessments and appeals; time period apply statewide....................SB 137 Board of education; election ...........................................................................................HB 1148 Coroner; compensation.....................................................................................................HB 1498 Grant easement....................................................................................................................SR 530 Western Judicial Circuit; superior court judges; compensation...................................SB 483
CLAUDE F. VAUGHN ROAD Recognize honorary designation.....................................................................................HR 1239
CLAY, HONORABLE CHARLES C. AND SARAH; commend .........................HR 1339
CLAYTON COUNTY Assistant county administrators; probate judge appoint...............................................SB 136 Magistrates; qualifications and terms ..............................................................................SB 683
CLAYTON COUNTY STAR STUDENTS AND TEACHERS; commend ......HR 1464
CLERKS, SUPERIOR COURT Ad valorem tax; real property; agricultural use, conservation use, and residential transitional; assessment....................................HB 1189 Adoption cases; fee prohibition......................................................................................HB 1675 Alimony or child support; certain motions to enforce; part of underlying action .......................................................................................................HB 804 Collecting officer; intangible recording tax...................................................................HB 1522 Compensation; training requirement.............................................................................HB 1413 Court records and county documents; storage within state; provisions.....................HB 910 Map and plat recordation; Chattahoochee River stream corridor designation........................................................................................................HB 930 Qualifying fees...................................................................................................................HB 1202 Real estate transfer tax; collect and distribute............................................................HB 1776 Real estate transfer tax; county collect and distribute...............................................HB 1645 Real property; instruments to convey; require legible name.....................................HB 1205 Retirement; post retirement benefit increases ...............................................................HB 571 Security instruments; cancellation upon payment of debt........................................HB 1144 Training and reporting requirements ............................................................................HB 1716
CLIFFORD WARD WILDES ROAD Recognize honorary designation .......................................................................................HR 903 Recognize honorary designation .....................................................................................HR 1296
CLINCH COUNTY; board of education; compensation................................................SB 685
CLINE, BRANDON;commend......................................................................................HR 1208
CLINE, MARGUERITE THIGPEN; commend..........................................................HR 793
CLINICAL LABORATORIES Examination of human specimens; quality assurance program ...................................SB 560 Specimen collection stations; list of fees; post notice .................................................HB 1276

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2772

INDEX

CLINTON OLIVER HIGHWAY; designate.................................................................HR 812
CLONING; human; prohibit; penalties...........................................................................HB 1508
COBB COUNTY Assistant county administrators; probate judge appoint...............................................SB 136 Board of education; districts...........................................................................................HB 1906 Board of education; vacancies.........................................................................................HB 1298 Certain authorities; authorize certain charitable grants or contributions ...................................................................................................SB 567 Certain drug rehabilitation facilities; require approval..............................................HB 1929 Certain employees of tax commissioner; compensation............................,.................HB 1728 Cobb County-Marietta Water Authority; membership; chairperson ........................HB 1834 Cobb Judicial Circuit; certain district attorneys; compensation...............................HB 1754 Cobb Judicial Circuit; superior court judges; compensation .....................................HB 1731 Commission on children and youth; date to abolish......................................................SB 701 Convey property....................................,.............................................................................HR 935 Courts; judicial assistance from other courts; permanent basis...................................SB 688 Juvenile court judges; compensation ................................................................................SB 501 Juvenile court judges; compensation ................................................................................SB 664 Lease and convey property................................................................................................SR 489 Motor vehicle self-insurers; taxicabs; certain counties ...............................................HB 1448 Norfolk Southern Railroad intermodal facility; express opposition.........................HR 1252 Probate court judge and clerk; compensation..............................................................HB 1761 Prohibit certain discrimination......................................................................................HB 1374 Sheriffs office; compensation of certain employees....................................................HB 1744 State court clerk and chief deputy clerk; compensation ............................................HB 1875 State court judges; compensation...................................................................................HB 1694 State court solicitor-general; compensation....................................................................HB 789 State court solicitor-general; compensation..................................................................HB 1725 Superior court deputy clerk; compensation..................................................................HB 1877 Transportation, Department of; certain rest area and information center........................................................................................................HB 1802 Transportation, Department of; certain rest area and information center...........................................................................................................SB 693
COBB JUDICIAL CIRCUIT Certain district attorneys; compensation......................................................................HB 1754 Superior court judges; compensation.............................................................................HB 1731
COBBLE, WILLIAM E.; condolences...........................................................................HR 1019
COCHRAN, GARY; commend ........................................................................................HR 1379
CODE OF GEORGIA Corrections.........................................................................................................................HB 1228 Corrections, Board of, Department of, and commissioner of; change names..............................................................................................................SB 671 Define "dependent"..........................................................................................................HB 1192 Elections; corrections .......................................................................................................HB 1229 Elections; merge general and municipal provisions; repeal Georgia Municipal Election Code .....................................................................SB 630 General and municipal elections codes; certain definitions .........................................HB 589 Retirement and Pensions; corrections ...........................................................................HB 1227 Revenue; conform to federal code..................................................................................HB 1596
COFFEE COUNTY Convey property..................................................................................................................SR 488 Convey property ..................................................................................................................SR 489

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2773

COHUTTA, CITY OF ............................................................................................HB 1892
Mayor; power to vote ........................................................................................... ............HB 1358
COLLECTIVE BARGAINING Labor organizations; certain funds used for political purposes; regulate ....................................................................................................... ..HB 1594 Public Employees Labor Relations Act; enact................... ..........................................HB 1462
COLLEGE PARK, CITY OF Certain store closings in South Fulton County; reconsider .........................................HR 990
COLLEGES Alcohol beverage sales; school building; define.................. ........................................ .....SB 111 Certain sales by postsecondary education organizations; sales tax exemption ........................ ..................................................................................HB 59 Child support; certain college students; parents provide ........................................ ...HB 1606 Education Accountability Act of 1997; enact.....................................................................HB 6 Education loans in default; denial or revocation of certain occupation licenses. ............. ..............................................................................HB 884 Georgia ROTC Cadets; urge participation in U. S. veterans' memorial services...... ................................................... ..................................HR 873 Georgia Street Gangs Act of 1998; enact; Georgia Street Gang and Terrorism Prevention Act; comprehensive revision of provisions................. .............................................................................. .....HB 1391 Georgia Student Finance Authority; scholarship grants; certain students at North Georgia College ...............................................................HB 1552 Geriatrics; encourage creation of graduate medical education curricula ....................SR 587 Gingrich, U. S. Representative Newton L.; effect of actions on Kennesaw State University Foundation; remedies ................................. .............HR 115 Home schooled children; HOPE scholarship; qualifications.............. ....................... .....HB 90 Home schooled children; HOPE scholarship; qualifications... ................................ ...HB 1059 Home study or private school students; HOPE scholarship; qualifications .................................................................................................. ...................HB 31 Home study programs; amend provisions. ......................................................................HB 586 HOPE grants, scholarships, and vouchers; eligibility; ineligibility .............. .............HB 1556 Lottery; educational purposes and programs; reciprocal programs. .........................HB 1741 Lottery proceeds; specify purposes for which used - CA ..................... ......... .............HR 1002 Postsecondary remedial instruction; local school system reimburse state................................................................................................................HB 237 Postsecondary remedial instruction; submission of certain reports ............ .............HB 1562 Postsecondary schools; certain unpaid work; prohibit - CA........................................HR 851 Service cancelable educational loans; Georgia National Guard ..................... .............HB 979 Service cancelable educational loans; Georgia National Guard ................................HB 1516 Special license plates; colleges or universities; amend provisions... ............................HB 870 Special license plates; colleges or universities outside state ........................................HB 826 Students performing certain unpaid work; prohibit ............................. ......................HB 1403 Tuition equalization grants; Bible schools or colleges of theology or divinity; remove exclusion .................................................................HB 1267 University of Georgia; prohibit certain discrimination. ................. .............................HB 1685 University System; certain instructors; require teaching experience .........................HB 181 Witness fees; include certain college or university police officers ............................ ..HB 595
COLLINS HILL HIGH SCHOOL Eagles boys basketball team; commend. .......................................................................HR 1259 Honors orchestra and string quartet; commend ...................................... ....................HR 1425
COLLINS, LIEUTENANT COLONEL EILEEN M.; commend.........................HR 1327
COLLINS, LOIS; commend ............................................................................................HR 1442

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2774

INDEX

COLUMBIA COUNTY; coroner; compensation..........................................................HB 1915
COLUMBUS, CITY OF McClung, A. J.; commend ...............................................................................................HR 1415 Municipal court; fees and costs......................................................................................HB 1595
COLUMBUS DAY AT THE STATE CAPITOL Recognize February 26, 1998 ..........................................................................................HR 1121
COMBEE, CYNTHIA L.; commend .............................................................................HR 1378
COMMERCE AND TRADE Agency; power of attorney; termination clarification.....................................................SB 183 Agricultural dealers, grain dealers, warehousemen; breach of bond; hearings; actions; complaints .........................................................HB 1211 Businesses; fictitious or assumed name; prohibit certain use....................................HB 1333 Communications Fraud Act of 1997; enact ..................................................................HB 1057 Companies offering certain items; require in-state redemption center....................HB 1547 Convenience stores; secured safety enclosure requirements........................................HB 568 Creditors; failure to disclose certain information to purchaser.................................HB 1415 Dating Service Act of 1997; enact....................................................................................HB 757 Electronic records; amend provisions...............................................................................SB 433 Fair business practices; consumer reporting agencies....................................................SB 218 Fair business practices; dating services; regulate..........................................................HB 696 Fair business practices; pricing of goods or services; gender discrimination.....................................................................................................HB 107 Health spas; cancellation of contract...............................................................................HB 118 Home and telephone solicitation sales; persons age 65 and over; cancellation period................................................................................................HB 831 Homeowner's Warranty Rights Act; enact...................................................................HB 1778 Insurance; certain acts relating to agreements; unfair trade practices ........................HB 89 Insurance; certain official inquiries; timely responses..................................................HB 599 Leasing agents; act as agents for certain service of process ......................................HB 1497 Motor oil; retail establishment selling; post certain information..............................HB 1340 Personal care homes; change name to assisted living facilities...................................HB 287 Persons doing business in state; prohibit discrimination...........................................HB 1102 Principal and agent; transfer of property; certain power of attorney not effective..................................................................................................HB 55 Retailers; sales prices of clothing; returns........................................................................HB 46 Retail installment contracts; refund credit...................................................................HB 1349 Securities and securities markets; amend provisions..................................................HB 1372 Securities; investment advisor; redefine..........................................................................HB 671 Securities; retirement savings loss; liability..................................................................HB 1789 Security instruments; cancellation upon payment of debt ........................................HB 1144 Self-service storage facilities; personal property; liens...............................................HB 1819 Telecommunications Marketing Act of 1998; enact....................................................HB 1130 Telemarketing practices; prohibitions; penalties; telephone directory listings for nonlocal business...................................................HB 1420 Telemarketing; prohibit blockage of caller identification services ...........................HB 1708 Ticket scalping; change effective date.............................................................................HB 843 Ticket scalping; exempt charitable organizations........................................................HB 1476 Tires; adjustment rates; disclosure and notice.............................................................HB 1706 Trade practices; vending machines; regulation............................................................HB 1234 Unfair business practices; telemarketing; Internet activities; home repair ....................................................................................................HB 709 Warehouse receipts; cotton; electronic warehouse receipts...........................................SB 544
COMMERCE, CITY OF; corporate limits......................................................................HB 310

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2775

COMMERCIAL CODE Insurance; policy and discharge by payment; collateral; amend provisions..........................................................................................................HB 1402 Secured transactions; repossession; require non-violation of law.............................HB 1622 Uniform Commercial Code; investment securities; provisions .....................................SB 402
COMMISSIONS Aged and Disabled Transportation Task Force; re-create...........................................HR 483 Bipartisan Joint Commission on Parole Abolition and Sentencing Reform; create.............................................................................................SR 477 Blue Ribbon Commission on State Government Facilities; create.............................HR 742 Boxing; regulation; State Boxing Commission...............................................................HB 396 Civil War historic sites; acquisition; funding; special license plates.......................................................................................................SB 178 Coastal Regional Aquarium and Maritime Facility Study Commission; create..........................................................................................................SR 185 Commission on Public Employment; create...................................................................HB 579 Commission on the 250th Anniversary of a Representative Assembly in Georgia; create..........................................................................................HR 998 Disability commissions; counties and municipalities; establish ...................................SB 383 DUI Study Commission; create ........................................................................................HR 731 DUI Study Commission; create.........................................................................................SR 680 Electronic Filing Act of 1997; enact ................................................................................HB 898 Georgia Commission on the Holocaust; create.............................................................HB 1664 Georgia Commission on Women; amend provisions......................................................HB 761 Health Care Study Commission; create..........................................................................HR 364 House Study Committee on the Organization, Authority, and Functions of the Atlanta Regional Commission; create .................................HR 1266 Information Technology Policy Council; add member ...............................................HB 1404 Joint Personal Income Tax Elimination Study Commission; create..........................HR 724 Labor practices; strikes by public employees; prohibitions .......................................HB 1373 Professional Practices Commission; abolish; Professional Standards Commission; amend provisions; transfer pending cases.........................SB 535 Professional Standards Commission; certain certificated personnel; salary schedules .........................................................................................HB 1220 Professions and businesses; terminate certain licensing boards and commissions ................................................................................................HB 581 Southern Dairy Compact; enact .....................................................................................HB 1371 Southern Dairy Compact; enact........................................................................................SB 420 State Commission on the Condemnation of Public Property; water quality manager...................................................................................................HB 773 State Ethics Commission; duties; elections; campaign activities................................HB 230 State Properties Commission; membership and organization; amend provisions .............................................................................................................SB 172 Structural Pest Control; membership; include Commissioner of Agriculture or designee ...........................................................................................HB 1212
COMMITTEES Advisory Committee on Pain and Symptom Management; create..............................SB 670 Blue Ribbon Study Committee on Funding of the "Quality Basic Education Act"; create .........................................................................................SR 467 Budgetary Responsibility Oversight Committee; duties; amend provisions ............................................................................................................HB 715 Budgetary Responsibility Oversight Committee; duties; amend provisions............................................................................................................HB 716 Crimes Against Family Members Act of 1997; enact.......................................................SB 67 Electronic records; amend provisions ...............................................................................SB 433

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2776

INDEX

COMMITTEES (Continued) Emergency 911 service and system; Joint Study Committee on Wireless Enhanced 911 Charges..............................................................................SB 572 Georgia Music Hall of Fame Authority; membership; advisory committee...............SB 569 Georgia Speech-Language Pathology Study Committee; create...............................HR 1224 House Competitive Electric Service Study Committee; create...................................HR 649 House Cotton Warehousing and Marketing Study Committee; create....................HR 1333 House County Extension Family and Consumer Science Agent Study Committee; create...................................................................................HR 570
House Development Impact Fees for Educational Facilities Study Committee; create............................................................................HR 1168
House Georgia Children Study Committee; create.....................................................HR 1408 House Hunter Notification Study Committee; create..................................................HR 160 House Income Tax Study Committee; create ..................................................................HR 19 House Inmate Costs Reduction Study Committee; create...........................................HR 849 House Insurance Premium Taxation Study Committee; create................................HR 1164 House Midwife Licensing Study Committee; create...................................................HR 1229 House 911 Systems Funding Study Committee; create................................................HR 488 House Ovarian Cancer Study Committee; create........................................................HR 1251 House Protection of Children from Sexual Abuse
Study Committee; create...............................................................................................HR 780 House Study Committee on Business Incentives for
Agriculture; create..........................................................................................................HR 465 House Study Committee on Child Support Collection; create..................................HR 1056 House Study Committee on Early Childhood Immunization; create.........................HR 609 House Study Committee on Group Self-insurance and
Captive Insurers Guaranty Funds; create...................................................................HR 397 House Study Committee on Homelessness in Georgia; create......................................HR 20 House Study Committee on Juvenile Justice; create....................................................HR 590 House Study Committee on Paternal Responsibility; create ........................................HR 33
House Study Committee on Pilot Project Family Court for DeKalb County .......................................................................................................HR 1265
House Study Committee on the Atlanta Wastewater System; create........................HR 608 House Study Committee on the Governance of Hartsfield
Atlanta International Airport; create ........................................................................HR 1312 House Study Committee on the Organization, Authority,
and Functions of the Atlanta Regional Commission; create .................................HR 1266 House Study Committee on the Plight of Rural Hospitals; create ..........................HR 1335 House Study Committee on the Protection of Ground-water
Resources; create...........................................................................................................HR 1231 House Study Committee on Transportation; create .....................................................HR 573 House Teen Courts Study Committee; create ...............................................................HR 610 House Teen Sexual Activity Study Committee; create..............................................HR 1407 Joint County Extension Family and Consumer Science Agent
Study Committee; create...............................................................................................HR 932 Joint Georgia Transportation Study Committee; create..............................................HR 464 Joint Highway Safety Study Committee; create .........................................................HR 1066 Joint Hotel-Motel Tax Study Committee; create..........................................................HR 297 Joint Public Retirement System Study Committee; create.........................................HR 781 Joint State Income Tax Reform Study Commission; create ........................................SR 593
Joint Stream Buffer Study Committee; create ...............................................................SR 644
Joint Study Committee on Baldwin County State Properties; create ........................SR 151
Joint Study Committee on Franchise Fees and Conditions, Rights of Way, and Tax Implications of Competitive Markets; create ..................SR 544
Joint Study Committee on High School Technology Career Academies; create ...........................................................................................................HR 999
Joint Study Committee on Historic Preservation; create .............................................SR 552

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INDEX

2777

COMMITTEES (Continued) Joint Study Committee on Hunger; create.....................................................................HR 394 Joint Study Committee on Local Assistance Grants; create........................................SR 674 Joint Study Committee on Local Law Enforcement Officer Salaries and Benefits; create.......................................................................................HR 1099 Joint Study Committee on School Health Care; create................................................SR 677 Joint Study Committee on School Support Personnel; create..................................HR 1091 Joint Study Committee on School Support Personnel; create.....................................SR 646 Joint Study Committee on State Spending for Private Counsel; create ...................HR 166 Joint Study Committee on Vocational Student Organizations; create ....................HR 1134 Joint Subsequent Injury Trust Fund Study Committee; create .................................HR 257 Prescriptive Authority Advisory Committee; create .....................................................HB 462 Stone Mountain Memorial Association; appointment of members ..........................HB 1231 Stroke Awareness Month; declare May, 1998; Joint Study Committee on the Impact of Strokes on Georgia's Citizens..................................HR 1000 Study Committee on Public Works Delivery System, Design, Construction, and Awarding; create ..........................................................................HR 1276
COMMITTEES, STANDING Assignments.......................................Pages 1, 2, 3, 14, 19, 20, 21, 22, 23, 24, 26, 28, 404, 554
COMMODITIES Boll weevil eradication; assessments on cotton; first buyer .......................................HB 1242 House Cotton Warehousing and Marketing Study Committee; create....................HR 1333
COMMON CARRIERS AND CONTRACT CARRIERS (See Motor Carriers)
COMMUNICATIONS RECEIVED Baker, Honorable Thurbert..............................................................................................Page 13 Brooks, Honorable Tyrone....................................................................................Pages 555, 556 Buck, Honorable Thomas B., Ill .................................................................................Page 1479 Byrd, Honorable Roger..........................................................................................Pages 559, 560 Carter, Honorable Hanson................................................................................................Page 18 Davis, Honorable Grace.........................................................................................Pages 555, 556 Dixon, Honorable Sonny .....................................................................................................Page 3 Franklin, Honorable Bobby ..........................................................................................Page 1662 Golden, Honorable Tim.........................................................................................Pages 557, 558 Governor ...............................................................................................Pages 4, 5, 6, 14, 18, 2739 Holland, Honorable Ray ..................................................................................................Page 949 Jenkins, Honorable Curtis ................................................................................Pages 1038, 1666 Legislative Counsel............................................................................Pages 27, 28, 554, 556, 558 Lieutenant Governor .....................................................................................Pages 555, 557, 559 Mueller, Honorable Anne......................................................................................Pages 559, 560 Secretary of State.................................................................................................Pages 15, 16, 25 Shaw, Honorable Jay .............................................................................................Pages 557, 558 Smith, Honorable Tommy ........................................................................Pages 913, 1265, 1777 Speaker of House ................................................................Pages 1, 2, 3, 14, 15, 19, 20, 21, 22, 23, 24, 26, 28, 404, 554, 555, 557, 559
COMMUNITY AFFAIRS Fire protection; buildings presenting special hazards; conflicting codes...............................................................................................................SB 212 Georgia Music Hall of Fame Authority; membership; advisory committee...............SB 569 Grants to Counties for Regional Jail Capital Expenditures Act; enact.....................HB 311 Information Technology Policy Council; add member ...............................................HB 1404 Local government authorities; registration; include members' names .....................HB 1557
COMMUNITY SERVICE BOARDS Employees' Retirement; continued membership ........................................................HB 1042

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2778

INDEX

COMPENSATION OF STATE OFFICIALS Certain officials; salary determination; remove from list of annual salaries..........................................................................................................HB 1396 General Assembly; cost-of-living adjustment; tie to state employees' salary increase..............................................................................HB 717 State revenue commissioner; Governor determine salary............................................HB 482
COMPENSATION RESOLUTIONS Batson, Henry C...............................................................................................................HR 1142 Bennett, Ann C...................................................................................................................HR 782 Bradbury, Tom....................................................................................................................HR 790 Brinson, Deborah Ann Joyce............................................................................................HR 161 Brown, Harold I................................................................................................................HR 1024 Byrd, EmmaLee.................................................................................................................HR 788 Chandler, Meredith (Merry) B.........................................................................................HR 861 Cox, George..........................................................................................................................HR 783 Cox, Ronnie.........................................................................................................................HR 785 Crawford, Ms. Ailerua A. Newsome...............................................................,...............HR 1055 Cummings, Loretta.............................................................................................................HR 866 Fogg, E. C. Ill .....................................................................................................................HR 784 Griffis, Henry Elroy...........................................................................................................HR 956 Guy's Automotive ...............................................................................................................HR 733 Harrell, Jimmy W...............................................................................................................HR 786 Hayes, James A...................................................................................................................HR 789 Heard, R.G.........................................................................................................................HR 787 Henry, Donnie.....................................................................................................................HR 144 Torbert, Wanda..................................,................................................................................HR 837 Wilhite, Abbie...................................................................................................................HR 1140
COMPUTERS Arrest warrants; application by video conference .......................................................HB 1570 Arrest warrants; application by video conference ..........................................................SB 411 Communications Fraud Act of 1997; enact ..................................................................HB 1057 Computer crimes; transmittal of misleading data.........................................................HB 157 Correctional institutions; computerized records; certification........................................SB 47 Electronic records; amend provisions ...............................................................................SB 433 Generation of incorrect date; prohibit certain causes of action ................................HB 1899 Local school systems; statewide comprehensive educational information network.........................................................................................................HB 44 Minors; computer facilities; dissemination of harmful material..................................SB 312 State and local government; tort liability immunity; certain computer errors ..................................................................................................SB 638 Taxes and license fees; forms of payment........................................................................HB 75 Unfair business practices; telemarketing; Internet activities; home repair....................................................................................................HB 709 Warehouse receipts; cotton; electronic warehouse receipts...........................................SB 544
CONDEMNATION Commercial driveways; future purchase by Department of Transportation at permit amount..............................................................................HB 1590 Eminent domain; compensation not subject to taxation..............................................HB 680 Local government; private toll roads and bridges; licensing authority....................HB 1486 Procedures; amend provisions..........................................................................................HB 155 State Commission on the Condemnation of Public Property; water quality manager..................................................................................HB 773
CONDITIONED AIR, HEATING, AND PLUMBING CONTRACTORS Alarm systems monitoring contractors; licensure..........................................................HB 191 Certain violations; cease and desist orders...................................................................HB 1104

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INDEX

2779

CONDITIONED AIR, HEATING, AND PLUMBING CONTRACTORS (Continued) Conditioned air contractors; unlicensed activity; cease and desist orders; forfeiture of property.....................................................................HB 300 General contractors; registration......................................................................................HB 192 Plumbing contractors and master journey plumbers; amend provisions...................HB 453 Utility contractors; licensing; amend provisions ............................................................HB 664
CONDOMINIUM ASSOCIATIONS Assessment liens; limit attorney's fees..........................................................................HB 1775
CONSERVATION AND NATURAL RESOURCES Ad valorem tax; real property; agricultural use, conservation use, and residential transitional property; assessment ...........................................HB 1189 Borrow pits; not regulated as surface mines ..................................................................HB 593 Borrow pits; not regulated as surface mines..................................................................HB 844 Cast netting; shrimp; seafood; boating safety zones; amend provisions ..................HB 1315 Childhood Lead Exposure Control Act; enact .............................................................HB 1888 Chip mills; urge Department of Natural Resources and Georgia Forestry Commission to conduct study relative to...................................HR 1313 Civil War historic sites; acquisition; funding; special license plates.......................................................................................................SB 178 Community Right-to-Know Act; enact............................................................................HB 384 Comprehensive environmental compliance programs; disclosure; prohibitions ..................................................................................................HB 701 Conservation rangers; provide new designation..............................................................SB 514 Counties and municipalities; garbage collection services; optional.............................HB 758 Dove-hunting season; Board of Natural Resources establish statewide ....................HB 186 Enforcement of regulations; parks and historic areas; permits; boats on state park lakes; restrictions..........................................................SB 484 Environmental Justice Act of 1997; enact ......................................................................HB 385 Environmental Protection Agency nonattainment area; incinerating sludge; prohibition phase-in....................................................................HB 690 Environmental protection; issuance of permits; authorize certain refusals..............................................................................................................HB 1432 Environmental trust fund; authorize General Assembly to establish - CA................................................................................................................SR 86 Erosion and sedimentation; certain local assistance road projects; Department of Transportation address .............................................HB 895 Foresters; code of ethics; State Board authorize adoption........................................HB 1195 Forest fire prevention; outdoor burning; prohibitions..................................................HB 668 Georgia Golf Hall of Fame Authority; create...............................................................HB 1126 Georgia Music Hall of Fame Authority; membership; advisory committee...............SB 569 Georgia Neighborhood Protection Act; enact...............................................................HB 1681 Georgia Sports Hall of Fame; amend provisions .........................................................HB 1419 Hazardous waste; violations; allow Environmental Protection Division to settle .......................................................................................HB 1258 Income tax; gradual reduction; abolish 1/1/2009; repeal or conform related provisions .....................................................................................HB 1218 Jekyll Island--State Park Authority; certain leasehold interests; taxes ................................................................................................SB 643 Joint Study Committee on Historic Preservation; create .............................................SR 552 Land, Water, Wildlife, and Recreation Heritage Fund; create ....................................SB 496 Land, Water, Wildlife, and Recreation Heritage Fund; General Assembly provide - CA....................................................................................SR 532 Metropolitan River Protection Act; exempt certain structures.....................................HB 21 Metropolitan river protection; comprehensive land and water use plans................HB 1679 Metropolitan river protection; comprehensive land and water use plans ..................SB 661

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2780

INDEX

CONSERVATION AND NATURAL RESOURCES (Continued) Middle Chattahoochee Water Resources Authority; create.......................................HB 1401 Motor vehicle emission inspections; applicability to all counties ...............................HB 754 Motor vehicle emission inspections; exempt certain vehicles......................................HB 577 Motor vehicle emission inspections; waiver and exemption stations ...........................HB 30 Motor vehicle emissions; mileage-based payment system; provide ..........................HB 1305 Motor vehicle emissions; standards; inspections; enforcement.................................HB 1707 Municipal waste-water systems trust fund; create - CA............................................HR 1113 Natural Resources, Department of; exemption of certain property from liability.................................................................................................HB 1813 Natural Resources, Department of; permits; powers; advisory committee..............HB 1592 Natural Resources, Department of; prohibit certain withdrawal of ground water ........................................................................................HB 1480 Natural resources; land-disturbing variances; impact on flood plains and stream banks..............................................................................HB 1359 Natural resources; off-road vehicles; regulate..............................................................HB 1006 Natural resources; protection; urge amendment to U. S. Constitution.....................HR 175 Open records; exempt certain information.....................................................................HB 315 Pine straw; sales to dealers; business license or tax number.......................................HB 941 Professional forestry; denial or revocation of license; failure to pay education loans ......................................................................................HB 884 Public Participation and Enforcement Act of 1997; enact ..........................................HB 619 Public water systems; certain violations and failures; civil penalties .........................SB 486 Safe Drinking Water Act; public water systems; amend provisions............................SB 252 Scrap Tire Management Fee; additional legislative intent..........................................HR 874 Solid Waste Trust Fund; tire fees; cease collection......................................................HB 697 Special county 1% sales tax; solid waste handling.......................................................HB 700 State Commission on the Condemnation of Public Property; water quality manager..................................................................................HB 773 State owned historic properties; preservation.................................................................SB 446 Stone Mountain Memorial Association; appointment of members ..........................HB 1231
Stone Mountain Memorial Association; capital improvement fund; create......................................................................................................................HB 950
Stone Mountain Memorial Association; certain contracts; General Assembly approve............................................................................................HB 224
Stone Mountain Memorial Association; certain contracts; limit terms ......................SB 274
Stone Mountain Memorial Association; certain tax proceeds; amend provisions.........................................................................................HB 1232
Stone Mountain Memorial Association; exercise of police powers ..............................SB 604 Stone Mountain Memorial Association; purposes; improvement fund.......................SB 367
Surface water; permits for withdrawal; certain rivers ...................................................SB 415 Tires and scrap tires; amend provisions; certain tax credit.........................................HB 835
Trout fishing and waters; amend provisions................................................................HB 1087 Trout streams; buffer requirement variances; amend provisions..............................HB 1593
Underground storage tanks; prohibit regulated substances.........................................HB 647 Wastewater discharge moratorium; certain facilities; inapplicability............................SB 19
Wastewater discharge; nondomestic users; amend provisions...................................HB 1711 Wastewater discharge; nondomestic users; amend provisions...................................HB 1724 Wastewater treatment facilities; privatization; provisions.........................................HB 1163
Water and Sewerage Authority Act; enact .....................................................................HB 603 Water pollution; nonattainment areas; corrective measures - CA..............................HR 255
Water resources; animal feeding operations; moratoria..............................................HB 1848 Water resources; animal feeding operations; regulate.................................................HB 1265 Water resources authority; authorize General Assembly to create - CA...................HR 852
Water well standards; amend provisions ........................................................................HB 911 Wells; county instructions for placement.....................................................................HB 1114

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INDEX

2781

CONSTITUTIONAL AMENDMENTS Ad valorem tax; certain increases; limitation.................................................................HR 815 Ad valorem tax; exempt certain retail inventory...........................................................HR 830 Ad valorem tax; fair market value; acquisition date.....................................................HR 591 Ad valorem tax for school purposes; 20 mill statewide limitation................................HR 41 Ad valorem tax; levy on tangible property; eliminate ..................................................HR 814 Ad valorem tax; limit millage rate and property value increases ...................................HR 6 Ad valorem tax; limit millage rate and property value increases ...................................HR 7 Ad valorem tax; millage rates; limitations; increases; require referendum.........................................................................................................HR 222 Ad valorem tax; motor vehicles; disposition of certain fees ........................................HR 256 Ad valorem tax; motor vehicles; General Assembly provide by general law...................................................................................................HR 108 Ad valorem tax; property appraisal; acquisition date value ........................................HR 827 Ad valorem tax; property appraisal; acquisition date value ........................................HR 934 Ad valorem tax; property appraisal; continuing use of property................................HR 824 Ad valorem tax; property appraisal; purchase price value...........................................HR 826 Animal Control Trust Fund; create .................................................................................HR 270 Balanced budget amendment; urge Congress submit for ratification ........................HR 361 Balanced budget amendment; urge Congress submit to states ...................................HR 253 Beer and wine; Sunday sales statewide.............................................................................HR 52 Bills and resolutions; passage; require repeal of statutes.............................................HR 831 Boards of education; receive half of certain impact fees .............................................HR 735 Budget; limit growth to gross state product growth.........................................................HR 5 Budget; limit growth to gross state product growth; excess revenue ...........................HR 46 Casino gambling; General Assembly provide by law.......................................................HR 51 Certain criminals; sentences; General Assembly provide by general law for full service.........................................................................................HR 42 Certain students; General Assembly provide educational grants to parents.............................................................................................................HR 850 Child molestation; sentencing...........................................................................................HR 114 Civil cases; six-member juries; General Assembly prescribe........................................HR 173 Civil trials; juries of six ......................................................................................................SR 200 Crime victims' rights; enactment provisions ......................................................................HR 4 Crime victims' rights; General Assembly provide by general law for enforcement............................................................................................................HR 3 Death penalty; commutation to life imprisonment; prohibit pardon or parole..............................................................................................HR 111 Driving under the influence; additional fees; Brain and Spinal Injury Trust Fund..............................................................................................HR 226 Driving under the influence; additional fees; Brain and Spinal Injury Trust Fund...............................................................................................SR 144 Education funding; counties impose sales tax; reduce ad valorem tax......................HR 942 Education funding; repeal ad valorem tax; impose 3% sales tax...............................HR 703 Education funding; repeal ad valorem tax; impose 3% sales tax...............................HR 779 Emergency management, preparedness, and assistance trust fund; create...............HR 218 Environmental trust fund; authorize General Assembly to establish ...........................SR 86 General Assembly and certain statewide officials; term limits...................................HR 840 General bills increasing revenue; two-thirds vote required............................................HR 23 General bills increasing revenue; two-thirds vote required..........................................HR 158 Georgia Wildflower Project Trust Fund; create............................................................HR 732
Habeas corpus; prohibit use as certain challenge............................................................HR 32
Homestead option sales and use tax; General Assembly provide by general law...................................................................................................HR 744
Indemnification; state highway employees .....................................................................HR 171
Indemnification; state highway employees ........................................................................SR 64
Ineligibility to hold elective office; felony conviction; exception................................HR 396

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2782

INDEX

CONSTITUTIONAL AMENDMENTS (Continued) Initiative petition process......................................................................................................HR 1 Initiative petition process...............................................,..................................................HR 143 Initiative petition process..................................................................................................HR 223 Land, Water, Wildlife, and Recreation Heritage Fund; General Assembly provide..............................................................................................SR 532 Local public school systems; General Assembly provide for finance and support.................................................................................................HR 516 Lottery proceeds; uses; specify educational programs and purposes .......................HR 1002 Lottery proceeds; uses; specify educational programs and purposes..........................SR 529 Municipal jail construction; General Assembly provide additional court fees to fund.........................................................................................SR 331 Municipal waste-water systems trust fund; create......................................................HR 1113 Natural resources; protection; urge amendment to U. S. Constitution .....................HR 175 Pardons and paroles; limit authority of state board and governor ............................HR 721 Pardons and Paroles, State Board of; abolish certain authority .................................SR 463 Pari-mutuel wagering at horsetracks.................................................................................HR 53 Person's exercise of religion; prohibit governmental burden.......................................HR 865 Postsecondary schools; certain unpaid work; prohibit..................................................HR 851 Public office; defaulter on taxes not eligible to hold.........................................................SR 6 Public school teachers, administrators, and employees; indemnification..................HR 414 Real property; market value at acquisition; appraisal..................................................HR 816 Roadside enhancement and beautification fund; General Assembly provide ............SR 559 Sales tax for educational purposes; imposition............................................................HR 1068 School systems; authorize mill limitation decrease.......................................................HR 957 State elected officials; term limits .....................................................................................HR 78 State funds; use for performance bonuses......................................................................HR 817 State health insurance system; General Assembly provide by general law.................................................................................................................HR 172 State powers; claim sovereignty under U. S. Constitution..........................................HR 225 Tax relief; General Assembly provide by general law ..................................................HR 219 Tobacco Industry Payments Trust Fund; create...........................................................HR 734 Uninsured employers trust fund; authorize creation..................................................HR 1188 Vetoes; General Assembly reconvene for considering...................................................HR 243 Vetoes; General Assembly reconvene for considering.................................................HR 1035 Water pollution; nonattainment areas; corrective measures........................................HR 255 Water resources authority; authorize General Assembly to create.............................HR 852
CONSUMER AFFAIRS Banks; certain errors; pay fee to account holder.........................................................HB 1541 Businesses; fictitious or assumed name; prohibit certain use....................................HB 1333 Communications Fraud Act of 1997; enact..................................................................HB 1057 Community Right-to-Know Act; enact............................................................................HB 384 Companies offering certain items; require in-state redemption center....................HB 1547 Convenience stores; secured safety enclosure requirements........................................HB 568 Creditors; failure to disclose certain information to purchaser.................................HB 1415 Criminal trespass; certain property; no offense...........................................................HB 1341 Dating Service Act of 1997; enact....................................................................................HB 757 Elections; voting; require photographic identification..................................................HB 670 Environmental Justice Act of 1997; enact......................................................................HB 385 Fair business practices; consumer reporting agencies....................................................SB 218 Fair business practices; dating services; regulate ..........................................................HB 696 Fair business practices; pricing of goods or services; gender discrimination.....................................................................................................HB 107 Food sales; bagging stations; finger-wetting device to aid in separation of bags .............................................................................................HB 1118 Garnishment; notice to defendant; increase to seven days........................................HB 1362 Health insurance; diabetes related coverage .....................................................................SB 55

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INDEX

2783

CONSUMER AFFAIRS (Continued) Health maintenance organizations; certain contracts; prohibit hold harmless clause.....................................................................................HB 1356 Health spas; cancellation of contract...............................................................................HB 118 Home and telephone solicitation sales; persons age 65 and over; cancellation period........................................................................................HB 831 Homeowner's Warranty Rights Act; enact...................................................................HB 1778 Home Repair Fraud Act; enact ......................................................................................HB 1459 Hotels and motels; sanitary regulations; bed linens......................................................HB 545 House County Extension Family and Consumer Science Agent Study Committee; create ...................................................................................HR 570 Insurance; certain acts relating to agreements; unfair trade practices........................HB 89 Insurance; certain official inquiries; timely responses..................................................HB 599 Insurance; health plan purchasing cooperatives; provisions ........................................HB 235 Insurance identification cards; certain health care policies .......................................HB 1056 Joint County Extension Family and Consumer Science Agent Study Committee; create...................................................................................HR 932 Minimum wage; increase to federal poverty level; adjust annually............................HB 513 Motor vehicle registration; prohibit requiring social security number.......................HB 102 Motor vehicles; certain records; bulk distribution ........................................................HB 511 Nonprobate transfer on death; nontestamentary ..........................................................HB 649 Obesity Anti-discrimination Act; enact............................................................................SB 490 Patient medical records; maximum copy fee; time limit for furnishing..................HB 1586 Personal care homes; change name to assisted living facilities ...................................HB 287 Personal Financial Security Act; enact; define financial identity fraud...................................................................................................SB 513 Personal injury victims; unsolicited contact by attorneys; prohibit...........................HB 962 Persons doing business in state; prohibit discrimination...........................................HB 1102 Privacy for Consumers and Workers Act; enact............................................................HB 566 Private Real Property Rights Preservation Act; enact.................................................HB 853 Public Participation and Enforcement Act of 1997; enact ..........................................HB 619 Public records; social security numbers; prohibit disclosure.......................................HB 744 Retailers; sales prices of clothing; returns ........................................................................HB 46 Retail installment contracts; refund credit...................................................................HB 1349 Sales tax; deduction for bad credit card debt..............................................................HB 1660 Secured transactions; repossession; require non-violation of law.............................HB 1622 Securities; retirement savings loss; liability..................................................................HB 1789 Self-service storage facilities; personal property; liens...............................................HB 1819 State capitol; designate smoke-free building................................................................HB 1272 Telemarketing practices; prohibitions; penalties; telephone directory listings for nonlocal business...................................................HB 1420 Telemarketing; prohibit blockage of caller identification services...........................HB 1708 Telephone solicitations to residential subscribers; regulate...........................................HB 71 Telephones; residential lines; block 976 and 900 calls..................................................HB 747 Ticket scalping; change effective date.............................................................................HB 843 Ticket scalping; exempt charitable organizations........................................................HB 1476 Tires; adjustment rates; disclosure and notice.............................................................HB 1706 Trade practices; vending machines; regulation............................................................HB 1234 Transfer of vehicles; joint interest with survivorship...................................................HB 387 Unfair business practices; telemarketing; Internet activities; home repair....................................................................................................HB 709 Uniform Transfer on Death Security Registration Act; enact ....................................HB 642
CONTRACTORS (CONSTRUCTION)
Alarm systems monitoring contractors; licensure..........................................................HB 191 Basic Bathroom Standards Act of 1998; enact ............................................................HB 1277 Building codes; arbitration; amend provisions...............................................................HB 189 Building permits; content; display .................................................................................HB 1337

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2784

INDEX

CONTRACTORS (CONSTRUCTION) (Continued) Certain contractors; certain violations; cease and desist orders................................HB 1104 Conditioned air contractors; unlicensed activity; cease and desist orders; forfeiture of property......................................................,...HB 300 Criminal trespass and damage to property; burial of debris on construction site; prohibit..........................................................................HB 1244 General contractors; registration......................................................................................HB 192 Home Repair Fraud Act; enact......................................................................................HB 1459 Homeowner's Warranty Rights Act; enact ...................................................................HB 1778 Income tax; payments; define certain terms....................................................................HB 87 Mechanics' and materialmen's liens; certain property of contractor; amend provisions........................................................................................HB 756 Mechanics' and materialmen's liens; defective notices; voiding of record for lack of notice............................................................................HB 1696 State Construction Industry Licensing Board; delete utility contracting provisions........................................................................................HB 581 State financing; local sales taxes; exempt certain contractors...................................HB 1765 State government; competitive bidding; amend provisions ..........................................SB 437 State government; relations with certain nonprofit organizations; amend provisions....................................................................................SB 474 State Licensing Board for General Contractors; create................................................HB 343 Study Committee on Public Works Delivery System, Design, Construction, and Awarding; create............................................................HR 1276 Utility contractors; licensing; amend provisions............................................................HB 664
CONTRACTS Civil practice; service of offers of settlement; provisions; contracts; torts; repeal certain provisions................................................SB 524 Court jurisdiction and venue .............................................................................................SB 552 Highways; contracts for surveying and deed preparation; powers............................HB 1747 Municipalities, counties, and local authorities; utilities; contracts specifying rates and fees.............................................................HB 1160 Public works; permit certain withdrawal of bid ..........................................................HB 1666
CONTRERAS, DR. FRANCISCO; invite to House..................................................HR 1172
CONTROLLED SUBSTANCES Advanced practice registered nurses; provisions............................................................HB 462 Amend listing; penalties ..................................................................................................HB 1252 Asset forfeiture; proceeds; certain drug rehabilitation programs..............................HB 1285 Candidates; mandatory drug testing; commission of certain drug related offenses.......................................................................................HB 1139 Controlled Substances Therapeutic Research Act; repeal ...........................................HB 370 District attorneys; appointment of assistants to prosecute drug cases.......................SB 523 Gamma hydroxybutyric acid; penalties.............................................................................HB 36 Marijuana; one ounce or less; subsequent offenses .......................................................HB 538 Nuisances; drug-related activity; actions to abate and enjoin...................................HB 1719 Nuisances; places used for unlawful sexual purposes; drug-related object prosecution...,.....................................................................................SB 7 Phenylpropanolamine and ephedrine; persons under age 18 .......................................SB 208 Physician's assistants; certain authority; remove provisions .....................................HB 1414 Physician's assistants; certain prescriptions; register with drug enforcement administration .......................................................HB 1332 Psychologists; prescription of drugs; amend provisions..............................................HB 1583 Real property; drug-related activity; redefine terms.....................................................HB 534 Sale or distribution to minor; sentencing; amend provisions ....................................HB 1286 Transportation, Department of; enforcement officers; powers..................................HB 1128
CONVEYANCES OF PROPERTY (See Public Property)

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INDEX

2785

COOK, ROBERT Commend.............................................................................................................................HR 883 Invite to House...................................................................................................................HR 929
COOPER, CAPTAIN WILLIAM T., JR.; condolences ...........................................HR 1353
CORDELE, CITY OF Cordele-Crisp County Fish Fry; invite representatives to House.............................HR 1048
CORONERS Compensation....................................................................................................................HB 1413 Elections; eliminate certain primaries; extensive revision of provisions....................................................................................................HB 1477
CORPORAL IVEY J. HAYES ROAD; recognize honorary designation ..............HR 1299
CORPORAL WHERRY L. "DUB" ABERCROMBIE MEMORIAL BRIDGE Designate..............................................................................................................................HR 486 Urge Department of Transportation to name................................................................HR 621
CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Certain store closings in South Fulton County; reconsider.........................................HR 990 Corporations; certain contracts with state; ineligibility..............................................HB 1303 Electronic filing of documents; Secretary of State......................................................HB 1623 Legal representation; prohibitions; exception ................................................................HB 993 Nonprofit corporations; hospital authorities; powers; conflict of interest...........................................................................................................SB 261
CORRECTIONS, DEPARTMENT OF (See Penal Institutions)
COSMETOLOGISTS; regulate..........................................................................................SB 615
COUNTIES (Also, see Local Government or Named County) Abandoned motor vehicles; removal or storage; amend provisions............................HB 375 Absentee ballots; elderly and disabled; apply once yearly ...........................................HB 815 Absentee ballots; time to commence counting.............................................................HB 1405 Ad valorem tax; appeals; assessments; amend provisions..........................................HB 1657 Ad valorem tax; assessment changes; tangible personal property ..............................HB 526 Ad valorem tax; assessments and appeals; time period apply statewide....................SB 137 Ad valorem tax; certain heavy-duty vehicles; provisions ...........................................HB 1324 Ad valorem tax; certain increases; limitation - CA.......................................................HR 815 Ad valorem tax; certain notice and disclosure; method of providing.......................HB 1458 Ad valorem tax; certain penalties not imposed upon new owners............................HB 1426 Ad valorem tax; change in stated property value; disclose method.........................HB 1463 Ad valorem tax; erroneous assessments; appeals; disclosures.......................................SB 529 Ad valorem taxes and license fees; time limitation for refunds....................................HB 10 Ad valorem taxes and license fees; time limitation for refunds....................................HB 11 Ad valorem tax executions; increase certain threshold amount................................HB 1368 Ad valorem tax; exempt certain agricultural products and livestock.......................HB 1350 Ad valorem tax; exempt certain retail inventory - CA.................................................HR 830 Ad valorem tax; exempt dairy cattle ................................................................................SB 419 Ad valorem tax exemption; public property; clarify.....................................................HB 781 Ad valorem tax; exempt livestock..................................................................................HB 1127 Ad valorem tax; exempt passenger motor vehicles......................................................HB 1137 Ad valorem tax for school purposes; 20 mill statewide limitation - CA......................HR 41 Ad valorem tax; levy on tangible property; eliminate - CA.........................................HR 814 Ad valorem tax; motor vehicles; disabled veterans' exemption; amend provisions.........................................................................................SB 489 Ad valorem tax; motor vehicles; exempt former prisoners of war............................HB 1145

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2786

INDEX

COUNTIES (Also, see Local Government or Named County) (Continued) Ad valorem tax; motor vehicles; exempt former prisoners of war ............................HB 1881 Ad valorem tax; motor vehicles; General Assembly provide by general law - CA.........................................................................................HR 108 Ad valorem tax; penalties and interest; freeport and personal property inventory; exemption eligibility.................................................HB 1178 Ad valorem tax; property appraisal; acquisition date value - CA...............................HR 827 Ad valorem tax; property appraisal; acquisition date value - CA...............................HR 934 Ad valorem tax; property appraisal; continuing use of property - CA ......................HR 824 Ad valorem tax; property appraisal; purchase price value - CA.................................HR 826 Ad valorem tax; property appraisal; require generally acceptable accounting principles ................................................................................HB 1125 Ad valorem tax; property valuation; interest; motor vehicle evaluation.........................................................................................................HB 1247 Ad valorem tax; property values; additional considerations ......................................HB 1342 Ad valorem tax; publication of rates; include certain information...........................HB 1322 Ad valorem tax; real property; agricultural use, conservation use, and residential transitional property; assessment....................HB 1189 Ad valorem tax returns; notice of changes; required information ............................HB 1217 Ad valorem tax; return vehicles in county where functionally located....................HB 1521 Ad valorem tax; tangible property assessment; amend provisions ...............................HB 77 Affirmative action; prohibit................................................................................................HB 99 Alcohol beverage sales; dealer's license; residence of applicant; school building; define.............................................................................SB 111 Alcoholic beverages; Sunday sales; allow at certain race track facilities..........................................................................................................SB 537 Annexation; effective date; zoning .................................................................................HB 1603 Annexation; electors required; increase to 70%...........................................................HB 1259 Annexation; notice by municipalities; amend provisions.............................................HB 259 Annexation; redefine unincorporated island ..................................................................HB 529 Annexation; 60% method; unincorporated islands; amend provisions ....................HB 1262 Assistant county administrators; probate judge appoint in certain counties ...........................................................................................................SB 136 Attorney general; provision of counsel; certain correctional officials.........................HB 686 Authorities; registration; include members' names .....................................................HB 1557 Bail; misdemeanors; local ordinances; prohibit requirement.....................................HB 1379 Bibb, Chatham, Clarke, DeKalb, Dougherty, McDuffie, Muscogee, Richmond, and Union counties; grant easement..................................,.SR 530 Blue Ribbon Study Committee on Funding of the "Quality Basic Education Act"; create.........................................................................................SR 467 Boards of commissioners; reapportioning procedure ..................................................HB 1111 Boards of education; curriculum; standardized student assessments.........................HB 226 Boards of education; educational care team; duties.......................................................SB 447 Boards of education; receive half of certain impact fees - CA....................................HR 735 Boards of equalization; certain appeals; burden of proof..........................................HB 1188 Boards of equalization; certain assessments pending review; status..........................HB 344 Boards of health; membership; school superintendent or designee..........................HB 1376 Boards of health; membership; school superintendent or designee.............................SB 666 Boards of tax assessors; authority to summon; exclude certain schedules.............................................................................................................HB 133 Boards of tax assessors; grand jury appoint; eligibility..............................................HB 1528
Boards of tax assessors; homestead exemptions; certain duties................................HB 1698
Boards of tax assessors; removal of members; amend provisions .............................HB 1418
Bona fide conservation use property; breach of renewal covenant; penalties not applicable .............................................................................HB 1365
Budgets; amend provisions..............................................................................................HB 1431
Budgets and audits; grant certification.........................................................................HB 1364

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INDEX

2787

COUNTIES (Also, see Local Government or Named County) (Continued) Building permits; content; display.................................................................................HB 1337 Cable television; failure to scramble premium channels; penalty.............................HB 1078 Capital felony expenses; calculation for county reimbursement....................................SB 56 Certain appropriations; require referendum...................................................................HB 552 Certain authorities; authorize certain charitable grants or contributions................................................................................................................SB 567 Certain motor vehicles; identifying markings................................................................HB 624 Certain motor vehicles; identifying markings ..............................................................HB 1461 Certain offices; qualifying fees........................................................................................HB 1202 Certain officials; compensation; courthouses; annex facilities...................................HB 1413 Certain projects; prepare cost estimation.....................................................................HB 1330 Certain projects; prepare ten-year cost estimation .....................................................HB 1311 Certain proposed lake property; disposition..................................................................HB 867 Certain real property; competitive bids............................................................................HB 32 Certain rock quarries; written consent required............................................................HB 262 Certificate of need; certain home health agency services; exempt............................HB 1524 Charter Schools Act of 1997; enact.....................................................................................SB 70 Chiefs of police and law enforcement department heads; training requirement....................................................................................................HB 1564 Child placement in foster home; residents; records check............................................SB 244 Children adjudicated delinquent; information provided to school superintendents..............................................................................................HB 195 Codes; applicability to electric power facilities..............................................................HB 894 Collection of certain taxes; special districts .................................................................HB 1095 Communications officers and dispatch centers; training in telecommunications devices for the deaf................................................................HB 812 Contracts; public works; permit certain withdrawal of bid.......................................HB 1666 Correctional institutions; computerized records; certification........................................SB 47 Corrections, Department of; probationer or parolee in county jail; reimbursement............................................................................................HB 811 County officers and employees; election of health plans; amend provisions.............................................................................................................SB 485 County officers; oath of office; amend provisions.........................................................HB 458 County officials; nonpartisan elections..........................................................................HB 1512 Court records and county documents; storage within state; provisions.....................HB 910 Courts; certain counties; allow use of courthouse annex............................................HB 1755 Criminal procedure; certain crimes committed by inmate; confinement...................HB 437 Criminal procedure; revocation of probation; confinement.........................................HB 809 Deer and motor vehicle collisions; certain counties; open bowhunting season................................................................................................HB 881 Depository financial institutions; local business tax.......................................................HB 69 Disability commissions; establish......................................................................................SB 383 District attorney; redefme.................................................................................................HB 522 Divorce; real property awards; filing of certain certificate ..........................................HB 408 Driver's license; certain suspension; location of requested hearing............................HB 652 Driver's license; require driver education course; public schools offer .......................................................................................................HB 1223 Education Accountability Act of 1997; enact.....................................................................HB 6 Education; curriculum; authorize test-taking skills course.............................................SB 85 Education; preenrollment of two-year-olds; immunizations......................................HB 1072
Education; state and local superintendents; certification; Professional Standards Commission................................................................................HB 7
Education; student program counts..................................................................................SB 565
Education; teaching of Ebonics; prohibit ..........................................................................SB 51
Election of officers; nonpartisan; authorization.............................................................HB 207
Elections; absentee ballots; amend provisions...............................................................HB 816

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2788

INDEX

COUNTIES (Also, see Local Government or Named County) (Continued) Elections; absentee ballots and envelopes; voter fraud warnings ...............................HB 749 Elections; amend provisions...............................................................................................SB 593 Elections by mail; pilot counties; provisions..................................................................HB 260 Elections; candidate qualifications challenge; hearing..................................................HB 638 Elections; candidates for local office; drug testing........................................................HB 120 Elections; certain contested primaries, elections, and runoffs....................................HB 821 Elections; certain county boards; vacancies....................................................................HB 633 Elections; certain illegal acts; increase penalties .........................,.................................HB 590 Elections; certain qualifying fees; distribution...............................................................HB 636 Elections; certain time periods; include weekends and holidays ................................HB 634 Elections Code; merge general and municipal provisions; repeal Georgia Municipal Election Code.....................................................................SB 630 Elections; early voting provisions.....................................................................................HB 544 Elections; eliminate certain primaries; extensive revision of provisions....................................................................................................HB 1477 Elections; nomination petitions; amend provisions.......................................................HB 632 Elections; numbered list of voters; amend provisions ..................................................HB 824 Elections; optical scanning voting equipment; regulate..............................................HB 1268 Elections; persons in arrears on taxes; prohibit eligibility...........................................HB 159 Elections; poll officers; appoint persons age 16 and over.............................................HB 822 Elections; polls remain open until 8:00 pm....................................................................HB 738 Elections; primaries; amend provisions........................................................,..................HB 819 Elections; redefine absentee elector..............................................................,..................HB 530 Elections; redefine absentee elector.................................................................................HB 543 Elections; require voter identification.............................................................................HB 401 Elections; require voter identification.............................................................................HB 554 Elections; voter lists; corrections through postal information.....................................HB 890 Elections; voter lists; include certain symbols...............................................................HB 546 Elections; voter registration; precinct cards; voter lists ...............................................HB 823 Elections; voting; amend provisions.................................................................................HB 817 Elections; voting requirement; photographic identification.........................................HB 670 Elections; voting requirement; photographic identification.........................................HB 871 Eminent domain; exercising outside territorial boundaries; prohibit.......................HB 1261 Employees' Retirement; certain tax officials; age and creditable service.....................................................................................................HB 495 Employees' Retirement; continued membership; community service boards .........HB 1042 Employees' Retirement; service in certain tax office; creditable service ..........................................................................................................HB 1043 Essential Rural Health Care Provider Access Act; enact; joint hospital authorities................................................................................................SB 594 Ethics in government; certain violations; penalties.....................................................HB 1284 Excise tax; hotels and motels; domed stadium; termination.....................................HB 1631 Excise tax; severance of solid minerals.........................................................................HB 1676 Firearms possession; restrictions; exemptions; search and rescue dogs; define................................................................................................HB 1425 Fire departments; minimum requirements; rules and regulations............................HB 1270 Fire prevention districts; insurance rate classification; regulation ...........................HB 1381 Fire prevention districts; insurance rate classification; variances.............................HB 1380 Fire protection; buildings presenting special hazards; conflicting codes...............................................................................................................SB 212
Food sales and food service establishments; nonprofit food sales and service...................................................................................................HB 1576
Fulton County; board and department of health; rename.........................................HB 1412
Fulton County; purchasing department; public letting and bids..............................HB 1452
Garbage collection services; limit imposition of liens .................................................HB 1766
Garbage collection services; optional...............................................................................HB 758

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2789

COUNTIES (Also, see Local Government or Named County) (Continued) Grants to Counties for Regional Jail Capital Expenditures Act; enact................................................................................................HB 311 Health Care Authorities Law; enact..............................................................................HB 1101 Health; septic systems; placement by counties............................................................HB 1113
Highways; contracts for surveying and deed preparation; powers............................HB 1747 Highways; Department of Transportation and municipalities; powers.......................SB 641 Highways; railroad crossings; failure to permit
safe passage of traffic...................................................................................................HB 1015
Homestead exemption; additional qualification; recording of deed .........................HB 1474 Homestead exemption; certain senior citizens .............................................................HB 1314
Homestead exemption; certain waivers; applicable until property filed....................HB 551 Homestead exemption; filing deadline ..........................................................................HB 1464 Homestead exemption; filing deadlines; amend provisions........................................HB 1514 Homestead exemption; senior citizens..........................................................................HB 1312
Hospital authorities; sale of hospitals; use of proceeds..............................................HB 1682 Hotels and motels; excise and sales taxes; aggregate amount .....................................HB 679
Hotels and motels; excise tax; amend provisions..........................................................HB 609 Hotels and motels; excise tax; cotton gin attraction...................................................HB 1649 Hotels and motels; excise tax; domed stadium; termination.....................................HB 1631 Hotels and motels; excise tax; international and maritime
trade center authorities; amend provisions................................................................HB 706 Hotels and motels; excise tax levies; additional authorization....................................HB 379 House County Extension Family and Consumer Science
Agent Study Committee; create...................................................................................HR 570 Income and sales taxes; amend provisions.........................................................................HB 8
Income tax; credit; rural health care provider...............................................................HB 389 Income tax credits; certain businesses; retraining
programs; low-emission vehicles.................................................................................HB 1596
Income tax credits; extend certain exemptions in certain counties............................HB 504 Income tax; credits for increasing exports from Georgia businesses........................HB 1667
Income tax credits; tier 1, 2, and 3 counties; certain facilities; increase carry forward period.......................................................HB 1146
Income tax; setoff debt; collection for political subdivisions.......................................HB 674
Inmate accounts; deduction for damage; certain employee apparel...........................HB 760 Inmates; use of leg chains; provisions.............................................................................HB 404 Intangible recording tax; collecting officer ...................................................................HB 1522
Jails and detention facilities; establish guard lines.....................................................HB 1584
Joint Study Committee on Franchise Fees and Conditions, Rights of Way, and Tax Implications of Competitive Markets; create..................SR 544
Joint Study Committee on Local Assistance Grants; create........................................SR 674
Joint Study Committee on Local Law Enforcement Officer Salaries and Benefits; create.......................................................................................HR 1099
Judges, local school boards, certain county officials; nonpartisan elections without primaries.....................................................................HB 820
Judicial assistance; permanent basis; magistrates as permanent assisting judges; certain counties...........................................................HB 1642
Juvenile courts; intake workers or probation officers; training.....................................HB 68 Juvenile proceedings; transfer to child's county of
residence; provisions.....................................................................................................HB 1293
Labor practices; strikes by employees; prohibitions ...................................................HB 1373 Law enforcement; police volunteers; provisions.............................................................HB 366
Law libraries; fees; codification of county ordinances ...................................................SB 134 Leasing agents; act as agents for certain service of process ......................................HB 1497 Limit millage rate and property value increases - CA .....................................................HR 6
Limit millage rate and property value increases - CA .....................................................HR 7 Local option sales tax; certain counties; prohibit
certain reduction of proceeds......................................................................................HB 1703

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2790

INDEX

COUNTIES (Also, see Local Government or Named County) (Continued) Local option sales tax; concurrent resolution requirements.........................................SB 517 Local option sales tax; educational purposes; amend provisions ................................HB 860 Local option sales tax for education; concurrent resolution ......................................HB 1673 Local option sales tax; proceeds; authorize use in certain special districts ................................................................................................HB 1507 Magistrates; compensation; prohibit contrary local laws ...........................................HB 1546 Magistrates; judicial assistance; certain counties; qualifications.................................HB 981 Marriage; mayors perform ceremonies............................................................................HB 742 Mass transportation services; contract provision;..........................................................HB 236 Mental health; certain services; repeal automatic repealer........................................HB 1131 Metropolitan area planning and development commissions; membership ..............HB 1903 Metropolitan river protection; comprehensive land and water use plans ..................SB 661 Millage rates; limitations; increases; require referendum - CA...................................HR 222 Motor vehicle emission inspections; applicability to all counties ...............................HB 754 Motor vehicle emission inspections; waiver and exemption stations ...........................HB 30 Motor vehicles; ad valorem tax; amend provisions .....................................................HB 1076 Motor vehicles; ad valorem tax; when due .....................................................................HB 101 Motor vehicles; certain registration periods; increase to 45 days .............................HB 1494 Motor vehicle self-insurers; taxicabs; certain counties ...............................................HB 1448 Motor vehicles; free license plates and decals; non-wartime disabled veterans .....................................................................................HB 550 Motor vehicles; license plate display; amend provisions ................................................HB 51 Motor vehicles; license plates and registration; amend provisions...........................HB 1567 Motor vehicles; liens; salvage; special plates; certificates of title; licensing; ad valorem tax return..............................................HB 1430 Motor vehicles; registration and licensing; amend provisions .....................................HB 450 Motor vehicles; registration periods; certain counties ................................................HB 1190 Motor vehicles; taxicab self-insurers; certain counties .................................................HB 753 Motor vehicles; transfer of license plates and decals; ad valorem tax.....................HB 1569 Motor vehicles; unregistered; tag agent issue certain notice .....................................HB 1607 Municipal charter commissions; create .............................................................................HB 23
Municipal courts of certain consolidated governments; misdemeanor jurisdiction; repeal................................................................................HB 1441
Municipalities; incorporation; minimum distance; change time..................................HB 320
Municipalities; minimum distance requirements; applicability after certain date...................................................................................HB 1515
Ordinance violations; increase penalties .........................................................................HB 520 Person's exercise of religion; prohibit governmental burden - CA.............................HR 865 Pine straw; sales to dealers; business license or tax number.......................................HB 941 Postsecondary remedial instruction; local school
system reimburse state ..................................................................................................HB 237 Prisoners; attend funerals in civilian clothes and unmanacled.................................HB 1739 Private Property Rights Preservation Act; enact ........................................................HB 1382 Private toll roads and bridges; licensing authority .....................................................HB 1486 Privatization; require referendum....................................................................................HB 357 Probate courts; certain counties; allow to hear appeals
and hold jury trials..........................................................................................................SB 540 Probation; certain supervision; Corrections Department employees ..........................HB 648 Probation services agreements; contract with private entity .......................................HB 728 Process servers; eligibility; appointment by certain court .........................................HB 1196 Property; certain sales by city or county employee; prohibit......................,.............HB 1542
Property; certain sales; fair market value.....................................................................HB 1383
Property; values established by appeal; five-year period ...........................................HB 1292
Public Employees Labor Relations Act; enact.............................................................HB 1462
Public office; defaulter on taxes not eligible to hold - CA ...............................................SR 6
Public School Choice Act of 1997; enact ........................................................................HB 121

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INDEX

2791

COUNTIES (Also, see Local Government or Named County) (Continued) Public Service Commission; toll-free telephone calling; certain conditions............................................................................................................HB 625 Public water systems; certain violations and failures; civil penalties .........................SB 486 Quality basic education; merged school systems; equalization grants......................HB 1469 Quality basic education; certain funds; spend on media center materials.................................................................................................HB 1880 Quality basic education; local fair share funds; calculation.........................................HB 988 Quality basic education; midterm adjustments; training and experience................HB 1135 Real estate transfer tax; county collect and distribute...............................................HB 1645 Real property; market value at acquisition; appraisal - CA........................................HR 816 Real property; transfer to or exchange with local boards of education ...................HB 1550 Redevelopment powers; amend provisions...................................................................HB 1635 Redevelopment powers; tax allocation; amend provisions .........................................HB 1438 Redevelopment; tax allocation; city business improvement districts .......................HB 1485 Revenue bonds; powers of eminent domain; amend provisions ..................................HB 852 Rezoning; certain hearings; posting of signs....................................................................SB 521 Safe Drinking Water Act; public water systems; amend provisions............................SB 252 Sales tax; certain unidentifiable proceeds; distribution .............................................HB 1784 Sales tax; educational purposes; multiple county school district..................................HB 14 Sales tax for education; distribution; local Act............................................................HB 1520 School curriculum; evolution; present supporting and nonsupporting theories ................................................................................................HB 1133 School Safety Act; enact.....................................................................................................SB 161 Schools; build on state property; county property; transfer to county board of education..........................................................................SB 612 Schools; certain construction projects; remove limitation..........................................HB 1753 School systems; authorize mill limitation decrease - CA .............................................HR 957 School systems; certain multi-year contracts; exclude certain limitation.............................................................................................................SB 336 School systems; General Assembly provide for finance and support - CA............................................................................................................HR 516 School systems; statewide comprehensive educational information network.........................................................................................................HB 44 Service area; redefine; boundary designation...............................................................HB 1510 Sex offenders; parole or release; notification of residence ...........................................HB 362 Sheriffs; certain fines; add 2% surcharge .....................................................................HB 1355 Sheriffs; certain fines; add 2% surcharge.....................................................................HB 1489 Sheriffs; qualifications; training; redefine peace officer ................................................SB 142 Sheriffs; service fees .........................................................................................................HB 1233 Special county 1% sales tax; imposition date; amend provisions...............................HB 959 Special county 1 % sales tax; not applicable to sale or use of certain motor vehicles ...................................................................................HB 887 Special county 1% sales tax; returns; additional information...................................HB 1663 Special county 1% sales tax; solid waste handling .......................................................HB 700 Special county 1% sales tax; use for certain voting equipment................................HB 1467 Special election to present question; time for holding ...............................................HB 1129 State auditor; county revenues and expenditures; annual report...............................HB 282 State court judges; compensation.....................................................................................HB 292 State court judgments; deferred partial payment ............................................................SB 35 State courts; certain cities; selection of solicitor; amend provisions ..........................HB 672 State courts; solicitor-general; selection ..........................................................................HB 265
State employees' health insurance plan; include certain county officers....................HB 52
State financing; local sales taxes; exempt certain contractors...................................HB 1765
State service delivery regions; create.............................................................................HB 1650
Student code of conduct; provisions...................................................................................SB 92
Student codes and standards of conduct; boards of education establish ....................HB 45

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2792

INDEX

COUNTIES (Also, see Local Government or Named County) (Continued) Study Committee on Public Works Delivery System, Design, Construction, and Awarding; create ............................................................HR 1276 Tag agents; retention of fee for modernization and technology................................HB 1749 Tangible personal property; inventory exemption; hearings .....................................HB 1124 Taxation; property assessment; education; local fair share funds computation...............................................................................................HB 730 Tax credits; certain businesses in less developed counties..........................................HB 626 Tax credits; certain businesses in less developed counties; extend certain tax exemption.....................................................................HB 1147 Tax digest; property in dispute; limitation..................................................................HB 1672 Tax executions in lot blocks; revise provisions..............................................................HB 185 Tax executions; transferring or selling in lot blocks.....................................................HB 115 Tax executions; transfers; notice to occupant and owner............................................HB 501 Tax returns; failure to disclose certain information; notify revenue commissioner.......................................................................................HB 1625 Teachers; qualifications; posting by school systems......................................................HB 209 Telecommunication systems; certain fees; authorize..................................................HB 1091 Telephones; toll-free calling; adjacent counties; Universal Service Fund..................................................................................................HB 161 Theft by taking; certain value; municipal court jurisdiction.....................................HB 1580 Tort liability immunity; certain computer errors...........................................................SB 638 Torts; parks and recreation volunteers; liability...........................................................HB 488 Transportation, Department of; opposition to certain projects; limit actions...................................................................................................HB 1361 Transportation, State Board of; authority to name certain roads..............................HB 158 Urge Governor and GEMA to assist in recovery from weather damage .................HR 1309 Utilities; contracts specifying rates and fees................................................................HB 1160 Venue; tortfeasors residing in different counties............................................................SB 372 Volunteer fire departments; nonprofit corporation..........................................................SB 30 Voting precinct boundaries; changes; file with Legislative and Congressional Reapportionment Office.........................................HB 1466 Waste-water discharge moratorium; certain facilities; inapplicability..........................SB 19 Watercraft; ad valorem tax; decals; registration..........................................................HB 1509 Weight of vehicles and loads; limits; truck routes ......................................................HB 1470 Wells; instructions for placement...................................................................................HB 1114 Youth Camp Act; enact...................................................................................................HB 1100 Zoning and building inspections; nonelected employees; prohibit certain action.................................................................................................HB 1073 Zoning; automatic zoning of certain property; drug dependency facility; hearings.........................................................................................SB 600 Zoning; constitutionality; trial provisions.......................................................................HB 302 Zoning; newly annexed property; review and comment period .................................HB 1047 Zoning; redefine "zoning decision"; special use permit.................................................SB 573 Zoning; transfer of development rights .........................................................................HB 1540
COUNTY BOARDS OF HEALTH Certified Professional Midwifery Act; enact..................................................................HB 475 Fulton County; board and department of health; rename.........................................HB 1412 Health; septic systems; placement by counties ............................................................HB 1113 Hospital authorities; sale of hospitals; use of proceeds..............................................HB 1682 Membership; school superintendent or designee.........................................................HB 1376 Membership; school superintendent or designee............................................................SB 666 Mental health; certain services; repeal automatic repealer........................................HB 1131
COUNTY JAILS Corrections, Department of; probationer or parolee in county jail; reimbursement............................................................................................HB 811

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INDEX

2793

COUNTY JAILS (Continued) Criminal procedure; revocation of probation; confinement .........................................HB 809 Establish guard lines........................................................................................................HB 1584 Grants to Counties for Regional Jail Capital Expenditures Act; enact.....................HB 311 Inmate accounts; deduction for damage; certain employee apparel...........................HB 760 Inmates; use of leg chains; provisions .............................................................................HB 404 Juvenile court; extend jurisdiction to all persons under age 18..................................HB 669 Municipal jail construction; General Assembly provide additional court fees to fund - CA.................................................................SR 331 Prisoners; attend funerals in civilian clothes and unmanacled.................................HB 1739
COURTS (Also, see Crimes and Offenses or Criminal Procedure) Adoption; termination of parental rights...........................................................................SB 27 Alimony or child support; certain motions to enforce; part of underlying action...............................................................................................HB 804 Appeals; certain cases; orders excluding certain evidence ...........................................HB 421 Appeals, Court of; judges; amend provisions ....................................................................SB 78 Appeals filed by prisoners; application ............................................................................SB 370 Atlanta, Douglas, Gwinnett, Ocmulgee, and Stone Mountain Judicial Circuits; add judges; Blue Ridge Judicial Circuit; amend provisions; Bell-Forsyth Judicial Circuit; create .............................................SB 77 Atlanta Judicial Circuit; add judge..................................................................................HB 269 Attorney's fees; certain claims; appeals from judgments; review.................................SB 623 Bell-Forsyth Judicial Circuit; create; Blue Ridge Judicial Circuit; revise ...................................................................................................HB 406 Blue Ridge Judicial Circuit; judges; compensation .....................................................HB (.894 Certain counties; allow use of courthouse annex .........................................................HB 1755 Certain dismissed civil cases; recommence in federal court ......................................HB 1316 Chief magistrate; vacancy; superior court appoint temporary ....................................HB 402 Child custody; court consider desire of child age 10 to 14 ..........................................HB 231 Children adjudicated delinquent; information provided to school superintendents ..............................................................................................HB 195 Civil cases; six-member juries; General Assembly prescribe - CA..............................HR 173 Civil practice; recommencement of dismissed cases; certain actions against judicial officers; attorney's fees..........................................HB 1730 Civil trials; juries of six - CA.............................................................................................SR 200 Cobb Judicial Circuit; certain district attorneys; compensation ...............................HB 1754 Cobb Judicial Circuit; superior court judges; compensation .....................................HB 1731 Contracts; court jurisdiction and venue...........................................................................SB 552 Contributing to delinquency, unruliness, or deprivation of minor; penalties...................................................................................HB 1791 Counties and state authorities; ordinance violations; increase penalties............................................................................................................HB 520 Court documents; grounds for refusal; exclude font size or type .............................HB 1197 Courthouses; annex facilities; certain court officials; compensation ........................HB 1413 Court records and county documents; storage within state; provisions.....................HB 910 Crimes Against Family Members Act of 1997; enact.......................................................SB 67 Crimes Against Family Members Act of 1998; enact.....................................................SB 510 Criminal bond sureties; increase compensation amount ............................................HB 1390 Death penalty; commutation to life imprisonment; prohibit pardon or parole - CA....................................................................................HR 111
District attorney; redefine.................................................................................................HB 522 District attorneys; appointment of assistants to prosecute drug cases.......................SB 523
Domestic relations; certain appeals; amend provisions ................................................HB 629 Douglas Judicial Circuit; add judge.................................................................................HB 267
Driving under the influence; additional fees; Brain and Spinal Injury Trust Fund Authority; create............................................HB 456

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2794

INDEX

COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Driving under the influence; additional fees; Brain and Spinal Injury Trust Fund Authority; create ............................................SB 110 Driving under the influence; additional fees; Brain and Spinal Injury Trust Fund - CA.................................................................HR 226 Driving under the influence; additional fees; Brain and Spinal Injury Trust Fund - CA..................................................................SR 144 Driving under the influence; nonresident offenders; increased fines ............................SB 31 Family Court Division; Fulton Superior Court; pilot program .................................HB 1674 Family violence battery; certain release or escape; victim notification...........................................................................................................HB 846 Family violence shelters; prohibit disclosure of location..............................................HB 413 Family violence; threat to commit offense .......................................................................HB 64 Firearms; state compliance with Brady Law..................................................................HB 290 Georgia Municipal Courts Training Council; membership; appointment................HB 1199 Georgia Street Gangs Act of 1998; enact; Georgia Street Gang and Terrorism Prevention Act; comprehensive revision of provisions....................................................................................................HB 1391 Grand jury; allow counsel of accused to be present during indictment...................HB 1317 Gwinnett Judicial Circuit; add judge ..............................................................................HB 305 Henry Judicial Circuit; create; Flint Judicial Circuit; amend .....................................HB 563 House Study Committee on Juvenile Justice; create....................................................HR 590 House Study Committee on Pilot Project Family Court for DeKalb County .......................................................................................................HR 1265 House Teen Courts Study Committee; create ...............................................................HR 610 Interlocutory appeal; certain reconsideration motions; no time extension............................................................................................................HB 525 Judges, local school boards, certain county officials; nonpartisan elections without primaries.....................................................................HB 820 Judicial assistance from other courts; permanent basis ................................................SB 688 Judicial assistance; permanent basis; magistrates as permanent assisting judges; certain counties ...........................................................HB 1642 Judicial Budget Administration Act of 1998; enact ....................................................HB 1617 Juries; peremptory challenges; change number ..............................................................SB 114 Juries; peremptory challenges; panel size; amend provisions ....................................HB 1090 Jury duty; exempt caregiver to child under six...........................................................HB 1256 Jury duty; limit service to once per five years................................................,..............HB 253 Jury duty; persons 65 or over; excuse once annually ..................................................HB 1517 Juvenile convicted of felony; court notify school ..........................................................HB 179 Juvenile courts; certain children age 13 to 17; jurisdiction .......................................HB 1097 Juvenile courts; extend jurisdiction to all persons under age 18................................HB 669 Juvenile courts; intake workers or probation officers; training.....................................HB 68 Juvenile proceedings; amend provisions .......................................................................HB 1290 Juvenile proceedings; child not competent; amend provisions..................................HB 1932 Juvenile proceedings; children in foster care; certain notice .......................................HB 527 Juvenile proceedings; court-ordered counseling; custody order duration...................SB 660 Juvenile proceedings; deprivation cases; appointment of counsel or special advocate.....................................................................................HB 1288 Juvenile proceedings; deprivation of child resulting from substance abuse...................................................................................................HB 1717
Juvenile proceedings; jurisdiction; traffic offenses........................................................HB 114
Juvenile proceedings; removal of child from home; family reunification; foster care..................................................................................HB 1585
Juvenile proceedings; transfer to child's county of residence; provisions.....................................................................................................HB 1293
Juvenile records; crimes after age of majority; permanently unseal ........................HB 1213
Juvenile rehabilitation; create division; provide camps...................................................SB 18

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INDEX

2795

COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Juveniles; certain offenses involving firearm; superior court jurisdiction.............................................................................................................HB 296 Juveniles; condition of probation; maintain passing average in school......................HB 140 Juveniles; court records; inspection by certain school officials .....................................HB 41 Juveniles; felony or delinquent act; release name.......................................................HB 1291 Juveniles; fingerprinting; criminal records; amend provisions .....................................SB 421 Juveniles in detention; court-ordered child support .......................................................HB 24 Juveniles in detention; court-ordered child support.......................................................HB 38 Juveniles in detention; court-ordered child support .....................................................HB 614 Legal representation; corporations and limited liability companies; prohibitions; exception ..............................................................................HB 993 Magistrate courts; certain fees; amend provisions.........................................................HB 519 Magistrate courts; civil claims jurisdiction; $15,000 ......................................................SB 325 Magistrate courts; filing fees; maximum amount ..........................................................HB 327 Magistrate courts; magistrates; training; certification ................................................HB 1200 Magistrates; compensation; prohibit contrary local laws ...........................................HB 1546 Magistrates; judicial assistance; certain counties; qualifications.................................HB 981 Map and plat recordation; Chattahoochee River stream corridor designation........................................................................................................HB 930 Marriage ceremonies; authorize federal judges to perform ..........................................HB 249 Minors; temporary guardians; notice of dissolution.......................................................SB 180 Municipal courts; certain cases; authorize trial and disposition.................................HB 949 Municipal courts; certain executions; trial in superior courts......................................SB 125 Municipal courts; certain shoplifting cases; disposal ..................................................HB 1206 Municipal courts; jurisdiction; certain offenses .............................................................HB 808 Municipal courts of certain consolidated governments; misdemeanor jurisdiction; repeal................................................................................HB 1441
Municipal jail construction; General Assembly provide additional court fees to fund - CA................................................................................SR 331
Northeastern Judicial Circuit; district attorney; salary supplement ........................HB 1841 Northeastern Judicial Circuit; superior court judges;
salary supplement .........................................................................................................HB 1840 Ocmulgee Judicial Circuit; add judge..............................................................................HB 286 Parental rights; termination; amend provisions...........................................................HB 1571 Peace officers; disbursement of training funds...............................................................SB 200 Personal injury victims; unsolicited contact by attorneys; prohibit ...........................HB 962
Pre-1998 Probate Code; designate; Revised Probate Code of 1998; designate and amend ..........................................................................HB 1226
Probate court judges; salary supplements ......................................................................HB 924 Probate court judges; training requirements; amend provisions.................................HB 516 Probate courts; certain counties; allow to hear
appeals and hold jury trials ...........................................................................................SB 540 Probate courts; certain trust issues; concurrent
jurisdiction with superior court.....................................................................................SB 541 Probate courts; judge appoint replacement if disqualified ........................................HB 1805 Proceedings; parties request elected judge ...................................................................HB 1771 Process servers; eligibility; appointment by certain court .........................................HB 1196 Real property; instruments to convey; require legible name.....................................HB 1205 School Safety Act; enact.....................................................................................................SB 161 Senior judges and justices; compensation........................................................................SB 369 Sheriffs; certain fines; add 2% surcharge .....................................................................HB 1355
Sheriffs; certain fines; add 2% surcharge .....................................................................HB 1489
Sheriffs; qualifications; training; redefine peace officer ................................................SB 142
Sheriffs; service fees.........................................................................................................HB 1233
State court judges; compensation.....................................................................................HB 292
State court judgments; deferred partial payment ............................................................SB 35

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2796

INDEX

COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) State courts; certain cities; appointment of judges pro hac vice ..............................HB 1238 State courts of counties; certain cities; selection of solicitor; amend provisions..................................................................,....................HB 672 State courts of counties; solicitor-general; selection .....................................................HB 265 Stone Mountain Judicial Circuit; superior court judges; increase supplement........................................................................................HB 1723 Subpoenas for certain depositions; attorney issuance...................................................HB 319 Superior court clerks; adoption cases; fee prohibition................................................HB 1675 Superior court clerks; training and reporting requirements ......................................HB 1716 Superior court reporters; concealed weapons; licensure exemption............................HB 481 Superior courts; appeals from magistrate court; placement on calendar; bench trial............................................................................HB 1186 Supreme Court; judicial districts; provisions .................................................................HB 891 Trespass; limitation of actions; prohibit after 10 years................................................HB 251 Trespass; limitation of actions; when cause accrues .....................................................HB 263 Trial jurors; examination in panels; repeal provisions..................................................HB 763 Zoning; constitutionality; trial provisions.......................................................................HB 302
COWART, KATHY SHIRLEY; commend..................................................................HR 1343
COWETA COUNTY Coweta Judicial Circuit; judges; salary supplements.....................................................SB 677 Homestead exemption; certain residents ......................................................................HB 1653
COWETA JUDICIAL CIRCUIT; judges; salary supplements...................................SB 677
COX, GEORGE; compensate..............................................................................................HR 783
COX, RONNIE; compensate ..............................................................................................HR 785
CPL. WILLIAM HARVAL BENTON BRIDGE Recognize honorary designation .......................................................................................HR 896
CRAWFORD, DRENDELL;condolences......................................................................HR 880
CRAWFORD, MS. AILERUA A. NEWSOME; compensate .................................HR 1055
CREDIT UNIONS; incorporation and membership; restrictions ...............................HB 734
CREEK KIDS OF STEPHENS COUNTY MIDDLE SCHOOL Commend.............................................................................................................................HR 965 Invite to House ...................................................................................................................HR 940
CRIMES AND OFFENSES (CRIMINAL CODE) Advanced practice registered nurses; provisions; Prescriptive Authority Advisory Committee; create .................................................HB 462 Antiterroristic training; certain communication; prohibit............................................HB 762 Arson; damage to places of worship; penalties...............................................................HB 485 Assault and battery against a sports official; penalties ..............................................HB 1243 Asset forfeiture; proceeds; certain drug rehabilitation programs...,..........................HB 1285 Bias Crimes Information and Documentation Act; enact ............................................HB 842 Brandon Act; enact...............................................................................................................HB 43 Bulletproof vest; use during armed robbery; penalities ................................................SB 425 Casino gambling; General Assembly provide by law - CA.............................................HR 51 Certain elected officials; threats against; provide for offense....................................HB 1375 Certain offenses; trail upon accusation .........................................................................HB 1306 Child molestation offenses; touching and not touching child......................................HB 957 Child molestation; sentencing - CA.................................................................................HR 114 Coin operated amusement machines; amend provisions ............................................HB 1294 Computer crimes; transmittal of misleading data.........................................................HB 157

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INDEX

2797

CRIMES AND DEFENSES (CRIMINAL CODE) (Continued) Concealed weapons; licensure; exempt certain judges not in office .........................HB 1473 Concealed weapons; licensure; exempt district attorneys emeritus............................HB 372 Concealed weapons; licensure; exempt municipal and city judges .............................HB 523 Concealed weapons; licensure; exempt State Patrol and GBI retirees .......................SB 427 Concealed weapons; licensure; exempt superior court reporters.................................HB 481 Concealed weapons; loaded firearm in vehicle; defense of habitation; immunity................................................................................HB 1360 Concealing death of another person; punishment; amend provisions........................HB 688 Contributing to delinquency, unruliness, or deprivation of minor; penalties...................................................................................HB 1791 Controlled substances; dangerous drugs; penalties .....................................................HB 1252 Controlled substances; gamma hydroxybutyric acid; penalties.....................................HB 36 Controlled substances; phenylpropanolamine and ephedrine; persons under age 18.......................................................................................................SB 208 Controlled substances; sale or distribution to minor; sentencing; amend provisions.....................................................................................HB 1286 Convenience stores; secured safety enclosure requirements ........................................HB 568 Cordless radio telephones; certain transmissions; prohibit interception....................................................................................................HB 1079 Crimes Against Family Members Act of 1997; enact.......................................................SB 67 Crimes Against Family Members Act of 1998; enact.....................................................SB 510 Criminal damage to property in the second degree; include graffiti........................HB 1074 Criminal trespass and damage to property; burial of debris on construction site; prohibit..........................................................................HB 1244 Criminal trespass; certain property; no offense...........................................................HB 1341 Criminal trespass; solicitation of employment; permission of owner.........................HB 707 Cruelty to animals offense; penalty provisions..............................................................HB 750 Dangerous drugs; possession prohibited; exception to prohibition................................SB 20 Death penalty; commutation to life imprisonment; prohibit pardon or parole - CA....................................................................................HR 111
Deposit account fraud; instruments for collateral; prohibit acceptance for less than face value ...............................................................SB 590
Deposit account fraud; recovery; include certain fees ................................................HB 1264 Elections; campaign activities; prohibit false statements.............................................HB 230 Electronic Filing Act of 1997; enact ................................................................................HB 898
Ethics and Efficiency in Government Act; enact; General Assembly Training Institute; create ...........................................................HB 1225
Ethics in government; candidates and family; contributions .......................................SB 605 Ethics in government; lobbyists and General Assembly; prohibitions.......................HB 874 Ethics in government; state elected executive officers;
prohibit certain mass mailings......................................................................................HB 873 Family violence battery; certain release or escape;
victim notification...........................................................................................................HB 846 Family violence in the presence of a minor; define....................................................HB 1224 Feticide in the second degree; define offense; penalties.............................................HB 1659 Firearms; carrying without license; certain correctional employees ...........................HB 896 Firearms; discharge within 300 feet of dwelling;
prohibition; exception..................................................................................................HB 1246
Firearms; pistol or revolver; prohibit allowing minor to obtain possession.........................................................................................................SB 407
Firearms possession; restrictions; exemptions; search and rescue dogs; define................................................................................................HB 1425
Firearms; state compliance with Brady Law..................................................................HB 290
Fleeing or attempting to elude police officer; designate felony; penalties...................................................................................----..HB 1187
Forgery; false identification furnished to minor; penalty.............................................SB 199

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2798

INDEX

CRIMES AND OFFENSES (CRIMINAL CODE) (Continued) Fraud; certain security interest; certain offenses; penalty .........................................HB 1526 Fraud; taking identity of another; prohibitions; penalties.........................................HB 1117 Georgia Street Gangs Act of 1998; enact; Georgia Street Gang and Terrorism Prevention Act; comprehensive revision of provisions....................................................................................................HB 1391 Home Repair Fraud Act; enact......................................................................................HB 1459 Human cloning; prohibit; penalties................................................................................HB 1508 Income tax; gradual reduction; abolish 1/1/2009; repeal or conform related provisions.........................................................................HB 1218 Ineligibility to hold elective office; felony conviction; exception - CA.................................................................................................................HR 396 Insurance fraud; change definition; civil immunity......................................................HB 493 Interfering with 911 call; define offense ..........................................................................SB 460 Juveniles; certain offenses involving firearm; superior court jurisdiction.............................................................................................HB 296 Litter; definition; include cigarette butts .......................................................................HB 248 Marijuana; one ounce or less; subsequent offenses .......................................................HB 538 Mask or hood concealing identity; additional exceptions .............................................SB 428 Minor child; selling or exchanging; provide for offense..............................................HB 1713 Murder; granting of bail; restrictions............................................................................HB 1548 Murder of certified peace officer; define offense............................................................SB 570 Pari-mutuel wagering at horsetracks - CA.......................................................................HR 53 Partial-birth abortion; prohibit ........................................................................................HB 240 Personal Financial Security Act; enact; define financial identity fraud...................................................................................................SB 513 Probation services; transfer to Pardons and Paroles Board........................................HB 427 Property; certain sales by city or county employee; prohibit....................................HB 1542 Psychologists; prescription of drugs; amend provisions..............................................HB 1583 Public retirement systems; convicted felons; terminate participation .....................HB 1417 Public transit; prohibit certain conduct...........................................................................SB 444 Rape or aggravated sodomy; victims under age 12; penalties .....................................HB 801 Republican United States House of Representatives Speaker Newt Gingrich Act; enact...............................................................................HB 218 Sadie Act; enact................................................................................................................HB 1204 Sales to minors; certain sound recordings; prohibition; penalties ............................HB 1170 Sex offenders; parole or release; notification of residence ...........................................HB 362 Sexual assault; include sexual contact between attorney and client ..........................HB 352 Sexually explicit materials; premises where distributed; prohibit entry of minors..............................................................................................HB 1804 Sexual offenses; pandering; define offense; penalties; prohibitions.............................SB 158 Shoplifting; value of property; misdemeanor; felony ..................................................HB 1392 Stalking and aggravated stalking; amend provisions..................................................HB 1639 Statutory rape; certain offenders; serve full minimum sentence..............................HB 1808 Teachers, personnel, and students; certain student assault; reports............................HB 42
Telemarketing practices; prohibitions; penalties; telephone directory listings for nonlocal business...................................................HB 1420
Telephones; certain recordings; require beeping tone.................................................HB 1865 Terroristic threats and acts; increase penalty..............................................................HB 1357 Threats and use of force; allow in defense of dwellings,
businesses, and motor vehicles......................................................................................SB 476
Tobacco; furnishing to minors; amend provisions.........................................................HB 864
Trespass; damage to realty; right of action; tolling of limitations............................HB 1157
Unfair business practices; telemarketing; Internet activities; home repair....................................................................................................HB 709
Vandalism; places of worship; penalty when persons are injured................................SB 226
Vandalism to a cemetery or memorial; define offense..................................................HB 840

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INDEX

2799

CRIMES AND OFFENSES (CRIMINAL CODE) (Continued) Victims' Rights Act of 1998; enact.................................................................................HB 1483 Woman's Right to Know Act; enact................................................................................HB 364 Workers' compensation; certain emotional or mental injury; provide exception.............................................................................................HB 1475 Worthless financial instruments; district attorney's action .......................................HB 1661
CRIMINAL JUSTICE Certain criminals; sentences; General Assembly provide by general law for full service - CA...............................................................................HR 42 Georgia Indigent Defense Council; use of private funds............................................HB 1323 Serious violent felonies; early release; restrict eligibility...........................................HB 1456 Serious violent felony conviction; deny first offender treatment..............................HB 1164
CRIMINAL PROCEDURE Arrest warrants; applications by video conference......................................................HB 1570 Arrest warrants; applications by video conference.........................................................SB 411 Automobile Teenage Protection Act of 1997; enact........................................................HB 20 Bail; misdemeanors; local ordinances; prohibit requirement.....................................HB 1379 Bail recovery agents; licensing and regulation.............................................................HB 1136 Bonds and recognizances; fleeing of principal to foreign country; surety not liable..............................................................................................HB 810 Capital felony expenses; calculation for county reimbursement....................................SB 56 Certain crimes committed by inmate; confinement ......................................................HB 437 Crimes against children; eliminate two-year limit on supervised probation.................................................................................................SB 467 Crime victims; restitution; require by certain offenders............................................HB 1165 Crime victims' rights; enactment provisions - CA.............................................................HR 4 Crime victims' rights; General Assembly provide by general law for enforcement - CA....................................................................................HR 3 Criminal bond sureties; increase compensation amount ............................................HB 1390 Death penalty; commutation to life imprisonment; prohibit pardon or parole - CA....................................................................................HR 111 Death penalty; defendant guilty but mentally ill; life without parole.......................HB 109 Death penalty; electrocution; lethal intravenous infusion..........................................HB 1237 Demand for trial; vehicular homicide related to DUI; time period...............................SB 83 Driving under the influence; homicide by vehicle; impose life imprisonment or death............................................................................HB 1176 Georgia Indigent Defense Council; use of private funds ............................................HB 1323 Georgia Street Gangs Act of 1998; enact; Georgia Street Gang and Terrorism Prevention Act; comprehensive revision of provisions....................................................................................................HB 1391 Grand jury; allow counsel of accused to be present during indictment...................HB 1317 Income tax; gradual reduction; abolish 1/1/2009; repeal or conform related provisions .........................................................................HB 1218 Juveniles; commission of certain crimes under age 17; life without parole ..........................................................................................................HB 596 Juveniles; fingerprinting; criminal records; amend provisions .....................................SB 421 Law enforcement officers; certain arrest entry; require search warrant....................HB 953 Law enforcement officers; certain indictments; procedures.........................................HB 258 Misdemeanors of high and aggravated nature; confinement.......................................HB 117 Murder; granting of bail; restrictions ............................................................................HB 1548 Parolees and probationers; certain crimes; bailable before superior court....................................................................................................HB 1493 Presentencing hearings; certain juvenile records; additional evidence.......................HB 147 Probation services; transfer to Pardons and Paroles Board........................................HB 427 Probation; supervision fees; forward portion to Georgia Crime Victims Emergency Fund....................................................................SB 409

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2800

INDEX

CRIMINAL PROCEDURE (Continued) Rape or aggravated sodomy; victims under age 12; penalties.....................................HB 801 Revocation of probation; confinement............................................................................HB 809 Sentencing for certain murders; death or life without parole...................................HB 1328 Serious violent felonies; early release; restrict eligibility ...........................................HB 1456 Serious violent felony conviction; deny first offender treatment..............................HB 1164 Trial upon accusation; certain offenses.........................................................................HB 1306 Violent offenders; serve 85 percent of sentence.............................................................HB 103 Warrantless arrests; abuse of vulnerable adult; provisions...........................................SB 159
CRIPE, KARAH KILEY-RAE; commend ..................................................................HR 1235
CRISP COUNTY Cordele-Crisp County Fish Fry; invite representatives to House.............................HR 1048 Homestead exemption; certain residents......................................................................HB 1632
CROCKETT, VERONICA AND JUDY THOMPSON; invite to House.............HR 959
CULLIFER, TERRY; commend.....................................................................................HR 1272
CULLODEN HIGHLAND GAMES AND SCOTTISH FESTIVAL Invite officials and members to House ...........................................................................HR 583 Invite officials and members to House.........................................................................HR 1138
CUMMINGS, LORETTA; compensate ..........................................................................HR 866
CURTIS LEE MARION BRIDGE Designate..............................................................................................................................HR 855 Recognize honorary designation.....................................................................................HR 1340
CUTHBERT, CITY OF; mayor and aldermen; elections...........................................HB 1457

D
DADE COUNTY; homestead exemption; certain residents .......................................HB 1912 DALLAS, CITY OF
Dismissal of certain officials; amend provisions..........................................................HB 1887 DALTON, CITY OF; homestead exemption; certain residents.................................HB 1807 DAMAGE TO PROPERTY
Arson; damage to places of worship; penalties...............................................................HB 485 Criminal damage to property in the second degree; include graffiti........................HB 1074 Criminal trespass; solicitation of employment; permission of owner .........................HB 707 Litter; definition; include cigarette butts.......................................................................HB 248 Vandalism; places of worship; penalty when persons are injured................................SB 226 Vandalism to a cemetery or memorial; define offense..................................................HB 840 DANIELSVILLE, CITY OF; new charter...................................................................HB 1468 DARDEN, SALLY; commend.........................................................................................HR 1243 DARNELL, HARRIETT GOLDSTON; condolences.................................................HR 923 DATA GENERAL'S CUSTOMER SERVICE CENTER; welcome......................HR 822 DAVID NIPPER MEMORIAL BRIDGE; designate.................................................SR 613
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INDEX

2801

DAVID P. RIDGEWAY BRIDGE; designate.......,......................................................HR 847
DAVIS, BETTY; condolences.................................... .....................................................HR 1424
DAVIS, HONORABLE GRACE; communications .........................................Pages 555, 556
DAVIS, LOUIS; commend.................................................................................................HR 912
"DAVIS LOVE III HIGHWAY"; designate ...............................................................HR 1097
DAWSON COUNTY Board of elections and registration; create ...................................................................HB 1913 Northeastern Judicial Circuit; district attorney; salary supplement........................HB 1841 Northeastern Judicial Circuit; superior court judges; salary supplement.........................................................................................................HB 1840
DAY CARE Child placement in foster home; residents; records check............................................SB 244
DAY, HONORABLE BURKE; committee assignment ............................................Page 554
DEATH PENALTY Commutation to life imprisonment; prohibit pardon or parole - CA ........................HR 111 Defendant guilty but mentally ill; life without parole..................................................HB 109 Driving under the influence; homicide by vehicle; impose life imprisonment or death ............................................................................HB 1176 Electrocution; lethal intravenous infusion ....................................................................HB 1237 Juveniles; commission of certain crimes under age 17; life without parole ..........................................................................................................HB 596 Rape or aggravated sodomy; victims under age 12; penalties .....................................HB 801 Sentencing for certain murders; death or life without parole ...................................HB 1328
DEBTOR AND CREDITOR Creditors; failure to disclose certain information to purchaser.................................HB 1415 Garnishment; notice to defendant; increase to seven days........................................HB 1362 Garnishments; certain actions; allow performance by corporate officers or employees .....................................................................................SB 477 Secured transactions; repossession; require non-violation of law .............................HB 1622
DECATUR, CITY OF City manager; repeal certain powers; board of education..........................................HB 1407
DECATUR COUNTY Board of commissioners; compensation.........................................................................HB 1610 State court judge and solicitor; compensation.............................................................HB 1611
DEEDS Divorce; real property awards; filing of certain certificate ..........................................HB 408 Property; estates in reversion; terminate after 50 years.............................................HB 1769 Real property; instruments to convey; require legible name.....................................HB 1205
DEKALB COUNTY Assistant county administrators; probate judge appoint..............................................SB 136 Certain authorities; authorize certain charitable grants or contributions ...................................................................................................SB 567 Community improvement district; create........................................................................SB 598 Convey property..................................................................................................................SR 481 Convey property..................................................................................................................SR 635 Courts; judicial assistance from other courts; permanent basis...................................SB 688 DeKalb Memorial Stadium Authority Act; repeal ......................................................HB 1837 Department directors and heads; amend provisions...................................................HB 1089 Family court division; authorize as pilot project.........................................................HB 1866

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2802

INDEX

DEKALB COUNTY (Continued) Grant easement....................................................................................................................SR 530 House Study Committee on Pilot Project Family Court for DeKalb County............................................................................................HR 1265 Motor vehicle self-insurers; taxicabs; certain counties .................,............................,HB 1448 Referendum; general contractors' licenses ....................................................................HB 1931 Stone Mountain Judicial Circuit; superior court judges; increase supplement........................................................................................HB 1723
DELMUS CARTER HIGHWAY Designate..............................................................................................,.............................HR 1194 Recognize honorary designation .....................................................................................HR 1297
DELTA SIGMA THETA SORORITY; invite to House .........................................HR 1226
DENMARK, DR. LEILA; commend...............................................................................HR 984
DENMARK, LEOLA "QUEEN"; commend .................................................................HR 989
DENT, JERRYLYN G. GRIFFIN WALKER; commend ......................................HR 1033
DENTISTS AND DENTAL HYGIENISTS Certain physicians and nurse anesthetists; administration of conscious sedation; provisions.....................................................HB 1158 Dental hygienists; Board of Dentistry membership; requirements...........................HB 1491 Dental hygienists; scope of practice.................................................................................HB 454 Dental practice; license; qualifications ..........................................................................HB 1049 Dentistry, Board of; additional member .......................................................................HB 1077 Dentistry; licensure; amend provisions............................................................................HB 827 Dentists; acts constituting practice; exempt certain novelty teeth...........................HB 1722 Hospitals; prohibit denial of certain staff privileges......................................................SB 138 Torts; implanting of certain devices; physicians' immunity ......................................HB 1907
DEPAOLO, DR. ROSEMARY; invite to House ..........................................................HR 864
DEPARTMENT OF CORRECTIONS (See Penal Institutions)
DEVELOPMENT AUTHORITIES Boards of education; receive half of certain impact fees - CA....................................HR 735 Environmental Protection Agency nonattainment area; incinerating sludge; prohibition phase-in....................................................................HB 690 Metropolitan area planning and development commissions; membership ..............HB 1903
DEWEY D. RUSH HIGHWAY; designate....................................................................HR 812
DEWITT, AL; condolences.................................................................................................HR 802
DIETITIANS Licensed Dietitians, Board of Examiners; repeal provisions .......................................HB 581
DINKHELLER, KYLE WAYNE; condolences............................................................HR 807
DISABLED PERSONS (See Handicapped Persons)
DISCOVERY GARDEN CLUB; commend ................................................................HR 1190
DISTILLED SPIRITS (Also, see Alcoholic Beverages and Alcoholism) Furnishing to minors; penalties........................................................................................HB 800 Purchasing for or by persons under age 21; increased penalties.................................HB 908 Purchasing or consumption by persons under age 21; change penalties ...................HB 227 Purchasing or consumption by persons under age 21; change penalties ....................SB 206 Sales; dealer's license; residence of applicant; school building; define ....................................................................................................SB 111

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INDEX

2803

DISTILLED SPIRITS (Also, see Alcoholic Beverages and Alcoholism) (Continued) Sales; minimum distance from churches or schools.......................................................SB 298 Sunday sales; allow at certain race track facilities.........................................................SB 537 Sunday sales; private clubs; allow additional alcoholic beverages............................HB 1436
DISTRICT ATTORNEYS Appointment of assistants to prosecute drug cases .......................................................SB 523 Concealed weapons; licenses; exempt district attorneys emeritus ..............................HB 372 Corrections; Board of, Department of, and commissioner of; change names..............................................................................................................SB 671 Employees' Retirement; certain court secretaries; creditable service.......................HB 1088 Employees' Retirement; district attorney's employees; membership.........................HB 724 Employees' Retirement; district attorneys' employees; membership .........................HB 937 Judicial Budget Administration Act of 1998; enact ....................................................HB 1617 Qualifying fees...................................................................................................................HB 1202 Redefine ...............................................................................................................................HB 522 Retirement; amend provisions ........................................................................................HB 1033 Retirement; repeal; transfer assets to Judicial Retirement System ...........................HB 751 Worthless financial instruments; district attorney's action .......................................HB 1661
DIVORCE (See Domestic Relations)
DIXON, HONORABLE SONNY; resignation ...............................................................Page 3
DOBBS, BYRON LAMAR; commend ...........................................................................HR 795
DODD.WJ; condolences .....................................................................................................HR 891
DODGE COUNTY HIGH SCHOOL LADY INDIANS SLOW-PITCH SOFTBALL TEAM; invite to House...........................................HR 1192
DOGS Animal Control Trust Fund; create - CA .......................................................................HR 270 Blind vendors; guide dogs on vending premises ............................................................HB 714 Certain animal control program; Agriculture Department establish........................HB 1638 Dangerous dogs; amend provisions ..................................................................................HB 455 Pet dealers; foster homes; grooming facilities; amend provisions.............................HB 1331 Public transit; prohibit certain conduct...........................................................................SB 444 Sadie Act; enact ................................................................................................................HB 1204 Search and rescue dogs; define.......................................................................................HB 1425 Special license plates; certain programs to benefit dogs and cats ..............................HB 839 Transportation, Department of; enforcement officers; powers..................................HB 1128
DOLLAR, BRADLEY TAYLOR; commend..............................................................HR 1349
DOMESTIC RELATIONS Adoption; biological parent; release of information ........................................................HB 66 Adoption; termination of parental rights...........................................................................SB 27 Alimony and child support; family support registry; provisions...............................HB 1308 Alimony or child support; certain motions to enforce; part of underlying action...............................................................................................HB 804 Certain appeals; amend provisions ..................................................................................HB 629 Child abuse; certain meetings and records; allow public access ..................................SB 473 Child custody; amend provisions....................................................................................HB 1554 Child custody; awards; annual review .............................................................................HB 229 Child custody; child's choice of parent; court consider ..............................................HB 1455 Child custody; court consider desire of child age 10 to 14 ..........................................HB 231 Child custody; emotional, physical, or psychological abuse evidence; visitation.................................................................................................SB 71 Child custody; ex parte orders; conditions for issuance .............................................HB 1112

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2804

INDEX

DOMESTIC RELATIONS (Continued) Child custody; presumption of joint legal and physical custody; provisions...........................................................................................SB 187 Child support arrearages; recovery; workers' compensation settlements...................HB 698 Child support; certain college students; parents provide ...........................................HB 1606 Child support; include life insurance premiums.............................................................SB 231 Child support; noncustodial parent; provide location of child ....................................HB 585 Child support recovery; certain employer reports .......................................................HB 1307 Child support; seizure of deposits; suspension of certain licenses..............................HB 828 Courts; certain counties; allow use of courthouse annex............................................HB 1755 Covenant Marriage Act; enact........................................................................................HB 1138 Covenant Marriage Act; enact...........................................................................................SB 440 Crimes Against Family Members Act of 1997; enact..............................................--.---SB 67 Crimes Against Family Members Act of 1998; enact.....................................................SB 510 Death without a will; determination of heirs; surviving spouse...................................SB 265 Divorce; marriage irretrievably broken; delay; exception...........................................HB 1472 Divorce; marriage irretrievably broken; limit use.--......................----..------.--.--HB 434 Divorce; marriage irretrievably broken; time for granting...........................................HB 548 Divorce; real property awards; filing certain certificate ...............................................HB 408 Divorce; residence requirements; reduce time to 3 months .........................................HB 473 Family violence battery; certain release or escape; victim notification...........................................................................................................HB 846 Family violence shelters; prohibit disclosure of location..............................................HB 413 Family violence; threat to commit offense .......................................................................HB 64 Family violence; violation of protective orders; concurrent jurisdiction .................................................................................................HB 1709 Father's rights; certain termination; filing of petition.................--.........--------.....HB 1752 Fatherhood Responsibility Act; enact................................................................................SB 58 Grandparent's visitation; amend provisions...................................................................HB 971 Income tax; gradual reduction; abolish 1/1/2009; repeal or conform related provisions .........................................................................HB 1218 Insurance; surviving or divorced spouse; amend provisions ........................................HB 720 Joint custody; court grant when in best interest of child ..........................................HB 1536 Judicial Budget Administration Act of 1998; enact ....................................................HB 1617 Juvenile proceedings; removal of child from home; family reunification; foster care--..------.--------.............--------.----..--.----.--HB 1585 Legitimacy of child; paternity established; parental power.........................................HB 995 Marriage; authorize federal judges to perform ceremonies..........................................HB 249 Marriage; mayors perform ceremonies ............................................................................HB 742 Marriage; rights of parties and children; certain actions of churches......................HB 1302 Minor child; selling or exchanging; provide for offense..----..............------.----.HB 1713 Minors; select custodial parent at age 12 .....................................................................HB 1411 Minors under age 16; parental consent required for marriage....................................HB 141 Parental rights; termination; amend provisions...........................................................HB 1571 Prenatal Care Act of 1998; enact ...................................................................................HB 1602
DON SAGGUS, JR., MEMORIAL BRIDGE; designate .......................___--.HR 1154
DONALD R. JOHNSON ROAD; recognize honorary designation ......____...--HR 897
DONALD RIDLEY BRIDGE; designate ....................................................................HR 1029
DONALSONVILLE, CITY OF; city council districts...........................................--HB 1863
DONNAN, COACH JIM; invite to House.....................................................................HR 947
DOUGHERTY COUNTY Grant easement....................................................................................................................SR 530 Magistrate court; appointment.......................................................................................HB 1612

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INDEX

2805

DOUGHEETY COUNTY (Continued) Probate court judge; compensation................................................................................HB 1615 Probate court judge; nonpartisan election....................................................................HB 1613
DOUGHERTY, MATTHEW; commend ........................................................................HR 962
DOUGLAS, CITY OF Commend retirees...............................................................................................................HR 963 Mayor and commissioners; terms...................................................................................HB 1619
DOUGLAS COUNTY; school tax collection; reimbursement ......................................SB 702
DOUGLAS JUDICIAL CIRCUIT Addjudge.............................................................................................................................HB 267 Addjudge................................................................................................................................SB 77
DOUGLAS LIONS CLUB; commend............................................................................HR 867
"DR. DERYL HART ROAD"; designate........................................................................SR 490
DR. J. A. GRIFFITH COMMEMORATIVE BRIDGE; designate......................HR 1106
DRIVER TRAINING INSTRUCTORS AND SCHOOLS Driver education course; public school grants; income tax credit ............................HB 1530 Driver training courses; secondary schools; applicability of certain law....................................._...................................................HB 1299 Driver's license; persons under age 17; driver education course ...................................HB 91 Driver's license; persons under age 18; driver education course.................................HB 468 Driver's license; persons under age 21; driver education course...................................HB 28 Driver's license; require driver education course; public schools offer .......................................................................................................HB 1223 Quality basic education; driver education; drivers' licenses and permits; amend provisions.......................................................................SB 445 Schools; driver education course; establish curriculum; driver's license requirement........................................................................................HB 1152
DRIVER'S LICENSE Assessment of points; speeding in school zone ..............................................................HB 605 Automobile Teenage Protection Act of 1997; enact........................................................HB 20 Certain revocations; persons 18 or older; limited driving permit .............................HB 1149 Certain revocations; persons 18 or older; limited driving permit.............................HB 1150 Certain suspension; location of requested hearing........................................................HB 652 Certain suspension; terminate upon guilty plea ..........................................................HB 1215 Child safety restraints; violation; assess points...........................................................HB 1451 Class M license; motorcycle safety training; headgear; amend provisions ..........................................................................................................HB 1070 Disclose certain information to members of General Assembly................................HB 1153 Distinguishable markings for DUI conviction...................................................................SB 82 Driver education course; require; public schools offer................................................HB 1223 Driver's license and driving permit; amend provisions...............................................HB 1141 Driving under the influence; chemical tests; amend provisions ....................................HB 17 Driving under the influence; chemical tests; under age 21; change provisions ................................................................................................HB 27 Driving under the influence; implied consent notice; test administration .......................................................................................................HB 1378 Driving under the influence; three or more convictions; permanent revocation of driver's license.....................................................................HB 847 Fee; payment by cash or check ........................................................................................HB 242 Fingerprinting; prohibit .........................................................................................................HB 5 Fingerprinting; prohibit .......................................................................................................HB 48

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2806

INDEX

DRIVER'S LICENSE (Continued) Fingerprinting; prohibit.......................................................................................................HB 53 Fingerprinting; prohibit.....................................................................................................HB 247 Fingerprinting; prohibit.....................................................................................................HB 303 Fingerprinting; prohibit..........................................................................................................SB 2 Fingerprinting; prohibit; destroy certain records ............................................................HB 25 Fingerprinting; prohibit; destroy certain records ............................................................HB 29 Graduated license; recognize licenses of other states..................................................HB 1427 Implied consent; notice on license and application.....................................................HB 1879 Learner's permit issued by another state; apply toward eligibility.............................SB 403 Limited driving permits; certain offenses.....................................................................HB 1198 Limousine carriers and passenger vans; regulations .....................................................HB 285 Minors; amend provisions....................................................................................................SB 17 Minors; educational requirements.......................................................................................SB 38 Motor vehicle insurance; cancellation and renewal; reporting requirements ................................................................................................HB 1620 Motor vehicle insurance; suspension; notice...................................................................HB 154 Motor vehicles; driver's record; furnish to General Assembly member......................SB 616 Motor vehicles; gasoline purchase; penalties for nonpayment...................................HB 1151 Motor vehicles; gasoline purchase; penalties for nonpayment...................................HB 1578 Persons under age 17; driver education course................................................................HB 91 Persons under age 18; driver education course ..............................................................HB 468 Persons under age 21; driver education course ................................................................HB 28 Prenatal Care Act of 1998; enact ...................................................................................HB 1602 Quality basic education; driver education; drivers' licenses and permits; amend provisions.......................................................................SB 445 Renewal by maa..................................................................................................................HB 350 Replacement fee....................................................................................................................HB 62 Schools; driver education course; establish curriculum; driver's license requirement ........................................................................................HB 1152 Suspension; motor vehicle insurance; prepayment......................................................HB 1260 Young Drivers Safety Act of 1997; enact........................................................................HB 131
DRIVING UNDER THE INFLUENCE Additional fees; Brain and Spinal Injury Trust Fund Authority; create...................HB 456 Additional fees; Brain and Spinal Injury Trust Fund Authority; create ...................SB 110 Additional fees; Brain and Spinal Injury Trust Fund - CA........................................HR 226 Additional fees; Brain and Spinal Injury Trust Fund - CA.........................................SR 144 Alcoholic beverages; certain offenses; change penalties..............................................HB 1287 Alcoholic beverages; open container in motor vehicle; driver or passenger..........................................................................................................SB 203 Chemical tests; amend provisions......................................................................................HB 17 Chemical tests; amend provisions....................................................................................HB 964 Chemical tests; under age 21; change provisions.............................................................HB 27 Demand for trial; vehicular homicide related to DUI; time period...............................SB 83 Driver's license; certain suspension; terminate upon guilty plea..............................HB 1215 Driver's license; distinguishable markings for DUI conviction ......................................SB 82 Driver's license; implied consent; notice on license and application ........................HB 1879 DUI Study Commission; create........................................................................................HR 731 DUI Study Commission; create.........................................................................................SR 680 Endangering a child; report certain convictions to Department of Family and Children Services............................................................HB 880 Habitual violators; special license plates; minimum mandatory imprisonment; ignition interlock devices................................................HB 139 Homicide by vehicle; impose life imprisonment or death..........................................HB 1176 Implied consent notice; test administration.................................................................HB 1378 Nolo contenders plea; eliminate..........................................................................................SB 61 Nonresident offenders; increased fines ..............................................................................SB 31

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2807

DRIVING UNDER THE INFLUENCE (Continued) Serious injury by vehicle; include fractures and bruises............................................HB 1930 Three or more convictions; permanent revocation of driver's license ........................HB 847 Watercraft; boating under the influence; child endangerment..................................HB 1393 Young Drivers Safety Act of 1997; enact........................................................................HB 131
DRUGS AND DRUG DEPENDENCY AND ABUSE Advanced practice registered nurses; provisions............................................................HB 462 Alcoholic beverages; certain offenses; change penalties..............................................HB 1287 Asset forfeiture; proceeds; certain drug rehabilitation programs..............................HB 1285 Candidates; drug testing requirement; temporary waiver ..............................................HB 37 Candidates; mandatory drug testing; commission of certain drug related offenses.......................................................................................HB 1139 Controlled substances; dangerous drugs; penalties .....................................................HB 1252 Controlled substances; gamma hydroxybutyric acid; penalties.....................................HB 36 Controlled substances; sale or distribution to minor; sentencing; amend provisions .....................................................................................HB 1286 Convalescent equipment providers; regulate ..................................................................HB 134 Dangerous drugs; possession prohibited; exception to prohibition................................SB 20 Demand for trial; vehicular homicide related to DUI; time period...............................SB 83 Driver's license; certain suspension; location of requested hearing............................HB 652 Driver's license; certain suspensions; terminate upon guilty plea ............................HB 1215 Driver's license; distinguishable markings for DUI conviction ......................................SB 82 Driver's license; implied consent; notice on license and application........................HB 1879 Driver's license; minors; amend provisions........................................................................SB 17 Driving under the influence; additional fees; Brain and Spinal Injury Trust Fund Authority; create.......................................................HB 456 Driving under the influence; additional fees; Brain and Spinal Injury Trust Fund Authority; create........................................................SB 110 Driving under the influence; additional fees; Brain and Spinal Injury Trust Fund - CA............................................................................HR 226 Driving under the influence; additional fees; Brain and Spinal Injury Trust Fund - CA.............................................................................SR 144 Driving under the influence; chemical tests; amend provisions....................................HB 17 Driving under the influence; chemical tests; amend provisions ..................................HB 964 Driving under the influence; chemical tests; under age 21; change provisions ...................................,............................................................HB 27 Driving under the influence; endangering a child; report certain convictions to Department of Family and Children Services ....................HB 880 Driving under the influence; habitual violators; special license plates; minimum mandatory imprisonment; ignition interlock devices..............................................................................................................HB 139 Driving under the influence; homicide by vehicle; impose life imprisonment or death............................................................................HB 1176 Driving under the influence; implied consent notice; test administration .......................................................................................................HB 1378 Driving under the influence; nolo contendere plea; eliminate .......................................SB 61 Driving under the influence; nonresident offenders; increased fines ............................SB 31 Driving under the influence; three or more convictions; permanent revocation of driver's license.....................................................................HB 847 Drug-free workplace; employer contributions and taxes; reduced rate....................HB 1720 DUI Study Commission; create ........................................................................................HR 731 DUI Study Commission; create.........................................................................................SR 680 Elections; candidates for local office; drug testing........................................................HB 120 General Assembly; members and employees; illegal drug activity............................HB 1488 Georgia Drugs and Narcotics Agency; agents retain badge and weapon.....................HB 92 Georgia Drugs and Narcotics Agency; commend.........................................................HR 1409 Hospitals; certain drugs; require availability ...............................................................HB 1319

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2808

INDEX

DRUGS AND DRUG DEPENDENCY AND ABUSE (Continued) Infectious and communicable diseases; certain harm reduction programs; authorize studies.......................................................................HB 1007 Juvenile proceedings; deprivation of child resulting from substance abuse ..................................................................................HB 1717 Marijuana; one ounce or less; subsequent offenses.......................................................HB 538 Medical Assistance, Department of; prohibit certain restrictions on approved prescription drugs................................................................SB 139 Mental health; certain services; repeal automatic repealer........................................HB 1131 Mentally ill or alcoholic or drug dependent persons; certain emergency examinations; counselors or therapists .........................................SB 99 Non-prescription drugs; sales tax exemption ...................................................................HB 63 Nuisances; drug related activity; actions to abate and enjoin...................................HB 1719 Nuisances; places used for unlawful sexual purposes; drug related object prosecution..................................................................................................SB 7 Pharmacists and pharmacies; comprehensive revision of provisions; Georgia Drugs and Narcotics Agency.................................................HB 330 Pharmacists; denial or revocation of license; failure to pay education loans...................................................................................................HB 884 Physician's assistants; certain authority; remove provisions .....................................HB 1414 Physician's assistants; certain prescriptions; register with drug enforcement administration......................................................................HB 1332 Psychologists; prescription of drugs; amend provisions..............................................HB 1583 Real property; drug-related activity; redefine terms.....................................................HB 534 Rules of House; add Rule 172 ..........................................................................................HR 876 Serious injury by vehicle; include fractures and bruises ............................................HB 1930 State plan of medical assistance; modification or waivers; requirement...............................................................................................HB 1179 Unemployment benefits; certain persons refusing or failing drug test....................HB 1471 Unemployment insurance; unemployment compensation; workers' compensation insurance ...............................................................................HB 1140 Watercraft and personal watercraft; amend provisions..............................................HB 1394 Watercraft; boating under the influence; child endangerment..................................HB 1393 Workers' compensation; insurance premium discount; drug-free workplace......................................................................................................HB 1134 Workers' compensation; insurance premium discount; drug-free workplace.........................................................................................................SB 155 Young Drivers Safety Act of 1997; enact........................................................................HB 131 Zoning; automatic zoning of certain property; drug dependency facility; hearings.........................................................................................SB 600
"DUANE ALLMAN BOULEVARD"; designate .........................................................SR 653
DUBLIN, CITY OF Board of education; per diem.........................................................................................HB 1735 Dublin-Laurens County Commission on Children, Youth, and Families; create .....................................................................................................HB 1763
DUFFEY, ERNEST; commend ......................................................................................HR 1444
DUKES, JAKE; commend .................................................................................................HR 969
DULUTH, CITY OF; mayor and council; terms .........................................................HB 1677
DUNBAR, DEACON RAYFORD, SR.; condolences .................................................HR 881
DUNN, CHRISTOPHER; commend ............................................................................HR 1220
DUNN, NICHOLAS; commend......................................................................................HR 1222
DURDEN, BETH AND SCOTT GREEN; invite to House....................................HR 1170

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2809

DWOZAN, MARCI; invite to House..............................................................................HR 1047 DYE, CLINTON J.; commend..........................................................................................HR 759

E
E. Z. WILLIAMS ROAD; recognize honorary designation..........................................HR 916
EAGLE'S LANDING High school 1997-98 wrestling team; commend...........................................................HR 1181 Middle school 1997-1998 wrestling team; commend...................................................HR 1218
EARNHARDT, DALE; commend..................................................................................HR 1287
EASON, J. B.;commend.....................................................................................................HR 774
EAVESDROPPING Cordless radio telephones; certain transmissions; prohibit interception ....................................................................................................HB 1079 Telephones; certain recordings; require beeping tone.................................................HB 1865
EBERHART, DAN; commend ..........................................................................................HR 797
EDENFIELD, HONORABLE JAMES B.; condolences .........................................HR 1364
EDGAR, HONORABLE JIM; commend.......................................................................HR 979
EDUCATION Ad valorem tax for school purposes; 20 mill statewide limitation - CA......................HR 41 Annie Plummer Act; enact..............................................................................................HB 1492 Blue Ribbon Study Committee on Funding of the "Quality Basic Education Act"; create.........................................................................................SR 467 Board of Regents; certain works of art; authorize sale or transfer...........................HB 1201 Boards of education; curriculum; standardized student assessments.........................HB 226 Boards of education; receive half of certain impact fees - CA....................................HR 735 Brandon Act; enact...............................................................................................................HB 43 Certain attorneys' fees; reimbursement; certain teachers; salary; paid leave ..........................................................................................................HB 1183 Certain students; General Assembly provide educational grants to parents - CA...................................................................................................HR 850 Charter Schools Act of 1997; amend provisions ............................................................HB 354 Charter Schools Act of 1997; enact.....................................................................................SB 70 Charter Schools Act of 1998; enact; capital outlay funding.........................................HB 353 Children adjudicated delinquent; information provided to school superintendents ..............................................................................................HB 195 Curriculum; authorize test-taking skills course ................................................................SB 85 Curriculum-based assessments; limit use........................................................................HB 276 Driver education course; public school grants; income tax credit ............................HB 1530 Driver's license; assessment of points; speeding in school zone..................................HB 605 Driver's license; minors; educational requirements..........................................................SB 38 Education Accountability Act of 1997; enact .....................................................................HB 6 Education funding; repeal ad valorem tax; impose 3% sales tax - CA.....................HR 703 Education funding; repeal ad valorem tax; impose 3% sales tax - CA .....................HR 779 Educational grants; lengthen school year.......................................................................HB 244 Georgia Education Authority (University); amend provisions .....................................SB 292
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2810

INDEX

EDUCATION (Continued) Georgia Street Gangs Act of 1998; enact; Georgia Street Gang and Terrorism Prevention Act; comprehensive revision of provisions....................................................................................................HB 1391 Georgia Student Finance Authority; scholarship grants; certain students at North Georgia College ..................................................HB 1552 Geriatrics; urge Board of Regents establish certain curricula.....................................HR 841 Grants, scholarships, and vouchers for postsecondary education; eligibility; ineligibility...............................................................................HB 1556 High school honors program; participation by certain students...............................HB 1712 High schools; athletic competition; certain prohibitions............................................!!!) 1627
High schools; certain sporting events; prohibit charge for broadcasting ..............................................................................................................HB 996
"Home Education Week"; declare first week in February.........................................HB 1280 "Home Education Week"; declare first week in February.........................................HB 1450 Home schooled children; HOPE scholarship; qualifications..........................................HB 90 Home schooled children; HOPE scholarship; qualifications......................................HB 1059 Home schooled students; home school diploma.............................................................HB 486 Home schooled students; special diploma ....................................................................HB 1714 Home study or private school students; HOPE scholarship; qualifications................HB 31 Home study programs; amend provisions.......................................................................HB 586 House Development Impact Fees for Educational
Facilities Study Committee; create............................................................................HR 1168 J. William Fulbright Educational Exchange Program;
participation; provisions ..............................................................................................HB 1185 Joint after-school programs for at-risk students; grants...............................................SB 404 Joint Study Committee on School Support Personnel; create .....................................SR 646 Joint Study Committee on Vocational Student Organizations; create ....................HR 1134 Judges, local school boards, certain county officials;
nonpartisan elections without primaries .....................................................................HB 820 Juvenile convicted of felony; court notify school ..........................................................HB 179 Juveniles; condition of probation; maintain passing average in school......................HB 140 Juveniles; court records; inspection by certain school officials .....................................HB 41 Loans in default; denial or revocation of certain
occupation licenses; provisions .....................................................................................HB 884 Local boards; educational care team; duties ...................................................................SB 447 Local fair share funds computation; taxation; property assessment ..........................HB 730 Local government; real property; transfer to or
exchange with local boards of education...................................................................HB 1550 Local option sales tax; concurrent resolution requirements .........................................SB 517 Local option sales tax; educational purposes; amend provisions................................HB 860 Local option sales tax for education; concurrent resolution......................................HB 1673 Local school systems; General Assembly provide for
finance and support - CA..............................................................................................HR 516 Local school systems; statewide comprehensive
educational information network ...................................................................................HB 44 Lottery; educational purposes and programs; redefine.................................................HB 210 Lottery grants for education; students earning A's......................,..............................HB 1678 Lottery proceeds; grants; certain Department of
Children and Youth Services schools ..........................................................................HB 939 Lottery proceeds; uses; specify programs and purposes - CA ......................................SR 529 Lottery retailers; compensation........................................................................................HB 934
Mandatory school attendance; increase age to 18 .........................................................HB 405
Mandatory school attendance; increase age to 18..........................................................SB 106
Middle school grants; eligibility .....................................................................................HB 1428
Middle school grants; requirements; authorize waiver ...............................................HB 1377
Origins of life; present scientific theories.......................................................................HB 547

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2811

EDUCATION (Continued) Postsecondary remedial instruction; local school system reimburse state ..................................................................................................HB 237 Postsecondary remedial instruction; submission of certain reports .........................HB 1562 Postsecondary schools; certain unpaid work; prohibit - CA........................................HR 851 Preenrollment of 2-year-olds; immunizations ..............................................................HB 1072 Prenatal Care Act of 1998; enact ...................................................................................HB 1602 Prescribed courses; include parenting ................................................................................SB 41 Professional Practices Commission; abolish; Professional Standards Commission; amend provisions; transfer pending cases.........................SB 535 Professional Standards Commission; certain certificated personnel; salary schedules .........................................................................................HB 1220 Programs for periodic released time for religious instruction; commend ..................HR 875 Public School Choice Act of 1997; enact ........................................................................HB 121 Public schools; close on Veterans Day ..........................................................................HB 1385 Public school teachers, administrators, and employees; indemnification - CA......................................................................................................HR 414 Quality basic education; certain foreign language instruction; funding......................................................................................................HB 1184 Quality basic education; certain funds; spend on media center materials.................................................................................................HB 1880
Quality basic education; certain programs; criteria for allocation of funds ..........................................................................................................HB 729
Quality basic education; driver education; drivers' licenses and permits; amend provisions.......................................................................SB 445
Quality basic education; driver education; media centers; funding; grants; program weights.................................................................................HB 409
Quality basic education; equalization grants; middle school grants; foreign language grants..........................................................................SB 491
Quality basic education; local fair share funds; calculation.........................................HB 988 Quality basic education; merged school systems; equalization grants......................HB 1469 Quality basic education; midterm adjustments; training and experience..................HB 301 Quality basic education; midterm adjustments; training and experience................HB 1135 Quality basic education; program weights; amend provisions .....................................HB 863 Rape avoidance course; establish ...................................................................................HB 1065 Retired public school employees; health insurance coverage.....................................HB 1273 Sales tax; educational purposes; multiple county school district..................................HB 14 Sales tax; exempt certain home study program yearbooks ........................................HB 1786 Sales tax for educational purposes; imposition - CA..................................................HR 1068 School administrators; impose teaching requirement .................................................HB 1505 School curriculum; evolution; present supporting
and nonsupporting theories.........................................................................................HB 1133 School curriculum; human origin theories; scientific evidence..................................HB 1210 Schools; additional instructional time; use for weather closings...............................HB 1248 School Safety Act; enact.....................................................................................................SB 161 Schools; build on state property; county property;
transfer to county board of education..........................................................................SB 612 Schools; certain construction projects; remove limitation..........................................HB 1753 Schools; certain termination of employment; apply
to certain employees.....................................................................................................HB 1740
Schools; curriculum relative to presidents; present on President's Day........................................................................................................HB 1519
Schools; driver education course; establish curriculum; driver's license requirement ........................................................................................HB 1152
Schools; local funds; employee suggestion programs...................................................HB 1788
Schools; loitering on premises; prohibit; penalty.........................................................HB 1255
Schools; low-wealth capital outlay grants; provisions .................................................HB 1750

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INDEX

EDUCATION (Continued) Schools; nonresident students; certain attendance and enrollment .........................HB 1482 Schools; required courses; include black history.........................................................HB 1119 Schools; students performing certain unpaid work; prohibit.....................................HB 1403 School superintendents; designate members to county boards of health ................HB 1376 School systems; authorize mill limitation decrease - CA .............................................HR 957 School systems; certain multi-year contracts; exclude certain limitation.............................................................................................................SB 336 Service cancelable educational loans; Georgia National Guard ..................................HB 979 Service cancelable educational loans; Georgia National Guard................................HB 1516 Sex education; instruction on legal consequences of parenthood .............................HB 1257 Sex education; instruction on legal consequences of parenthood .............................HB 1654 Speech pathology services; certain contracts..................................................................HB 699 State and local superintendents; certification; Professional Standards Commission................................................................................HB 7 State government; prohibit imposition of greater qualifications on persons home schooled .....................................................................SB 412 State school superintendent; ethics in government; prohibit certain mass mailings......................................................................................HB 873 State school superintendent; plurality election............................................................HB 1529 State school superintendent; term limits - CA................................................................HR 78 Student code of conduct; provisions...................................................................................SB 92 Student codes and standards of conduct; boards of education establish ....................HB 45 Student program counts.....................................................................................................SB 565 Students; certain withdrawal from school; waiver of certain rights .........................HB 1561 Students; in-school suspension; parental notification.................................................HB 1194 Students; pocket pagers; parental consent ...................................................................HB 1500 Student transportation; state aid eligibility...................................................................HB 312 Substitute teachers; require bachelor's degree.............................................................HB 1838 Teachers and school personnel; contracts; criminal record checks.............................HB 788 Teachers, personnel, and students; certain student assault; reports............................HB 42 Teachers; qualifications; posting by school systems......................................................HB 209 Teaching of Ebonics; prohibit .............................................................................................SB 51 Technical and Adult Education; Archives and History; authorize certain library funding ...............................................................................HB 1705 Transportation; include certain elementary students ...................................................HB 346 Tuition equalization grants; Bible schools or colleges of theology or divinity; remove exclusion.................................................................HB 1267 Tuition equalization grants; public school students; nonpublic schools ....................HB 136 University of Georgia; prohibit certain discrimination...............................................HB 1685 University System; certain instructors; require teaching experience .........................HB 181 University System; law schools; allow recruiting by Department of Law or armed forces............................................................................HB 954
EDWARDS, BILL; commend .........................................................................................HR 1043
EDWARDS. GEORGE WALLACE III; commend.....................................................HR 761
EDWARDS, HALLIE WARD; commend.................,..................................................HR 1037
EDWARDS, JAMES DON, PH.D.; invite to House...................................................HR 738
EFFINGHAM COUNTY; state court judge; salary ......................................................HB 802
EIDSON, REVEREND TRAVIS H.; condolences ....................................................HR 1331
ELDERLY Absentee ballots; apply once yearly .................................................................................HB 815 Ad valorem tax; homestead exemption.........................................................................HB 1312 Ad valorem tax; homestead exemption .........................................................................HB 1314

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2813

ELDERLY (Continued) Aged and Disabled Transportation Task Force; re-create ...........................................HR 483 Certain radioactive material; regulate transportation.................................................HB 1289 Certificate of need; exempt certain hospitals.................................................................HB 135 Certificate of need; exempt certain skilled nursing facilities ....................................HB 1537 Certificate of need; exempt home health agencies ........................................................HB 162 Crimes Against Family Members Act of 1998; enact.....................................................SB 510 Durable power of attorney for health care; appointment of guardian........................SB 184 Elections; registration of homeless voters; provide .....................................................HB 1177 Geriatrics; encourage creation of graduate medical education curricula....................SR 587 Geriatrics; urge Board of Regents establish certain curricula.....................................HR 841 Guardians; incapacitated adults; legal rights concerning guardianship contract .....................................................................................................SB 181 Guardians; incapacitated adults; notice of evaluation...................................................SB 179 Guardians; incapacitated adults; physicians and psychologists .....................................SB 37 Handicapped parking; permits issued to institutions .....................................................HB 72 Health maintenance organizations; allow marketing to Medicaid recipients..................................................................................................HB 1326 Health maintenance organizations; allow marketing to Medicaid recipients..................................................................................................HB 1408 Home and telephone solicitation sales; persons age 65 and over; cancellation period ........................................................................................HB 831 Incapacitated adults; emergency guardians; health care facilities; certain consent for admission or discharge........................................SB 549 Income tax credit; certain long-term care insurance.....................................................HB 518 Income tax credit; qualified caregiving expenses.........................................................HB 1513 Income tax; exemptions; deductions; withholding allowances...................................HB 1162 Income tax; increase retirement income exclusion......................................................HB 1424 Insurance; surviving or divorced spouse; amend provisions ........................................HB 720 Jury duty; persons 65 or over; excuse once annually..................................................HB 1517 Medical assistance; certain provider participation; termination....................................SB 44 Medical assistance; unlawful acts; abuse; Medicaid fraud forfeiture .......................HB 1440 Nursing homes and intermediate care homes; staffing plans ......................................HB 176 Nursing homes; pilot exercise program for certain residents ....................................HB 1628 Personal care homes; change name to assisted living facilities...................................HB 287 Stroke Awareness Month; declare May, 1998; Joint Study Committee on the Impact of Strokes on Georgia's Citizens; create.....................HR 1000 Unfair business practices; telemarketing; Internet activities; home repair....................................................................................................HB 709 Uniform Transfer on Death Security Registration Act; enact ..................................HB 1531 Warrantless arrests; abuse of vulnerable adult; provisions...........................................SB 159 Wills; loss of; presumption of revocation......................................................................HB 1318
ELECTIONS Absentee ballots; amend provisions .................................................................................HB 702 Absentee ballots; amend provisions.................................................................................HB 816 Absentee ballots and envelopes; voter fraud warnings .................................................HB 749 Absentee ballots; delivery by certain family members .................................................HB 361 Absentee ballots; elderly and disabled; apply once yearly ...........................................HB 815 Absentee ballots; registrars use additional buildings..................................................HB 1812 Absentee ballots; time to commence counting.............................................................HB 1405 Absentee elector; redefine .................................................................................................HB 530 Absentee elector; redefine.................................................................................................HB 543 Amend provisions................................................................................................................SB 593 Attorney General; campaign contributions from public officers; prohibit............................................................................................................HB 1566 Campaign activities; prohibit false statements ..............................................................HB 230 Campaign contributions; amend provisions..................................................................HB 1665

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2814

INDEX

ELECTIONS (Continued) Campaign contributions; amount exceeding maximum; prohibit acceptance .........HB 1577 Campaign contributions; certain candidates; prohibit from lottery vendors.....................................................................................................HB 1589 Campaign contributions; disclosure reports; filing date.............................................HB 1230 Campaign contributions; independent expenditures; certain exemption.................HB 1599 Campaign contributions; lottery and gambling vendors; prohibitions .....................HB 1680 Campaign contributions; supplemental disclosure reports.........................................HB 1553
Campaign literature; identification of authors; repeal provisions.............................HB 1726
Campaigns; disclosure reports; political action committees; repeal exemption....................................................................................HB 1501
Candidate qualifications challenge; hearing ...................................................................HB 638 Candidates; contributing to own campaign; limitations .............................................HB 1207 Candidates; drug testing requirement; temporary waiver..............................................HB 37
Candidates for local office; drug testing .........................................................................HB 120 Candidates; mandatory drug testing; commission of
certain drug related offenses.......................................................................................HB 1139 Candidates; prohibit certain qualification........................................................................HB 47 Certain amplified solicitation of votes; prohibit............................................................HB 160
Certain contested primaries, elections, and runoffs ......................................................HB 821 Certain county boards; vacancies.....................................................................................HB 633 Certain illegal acts; increase penalties.............................................................................HB 590 Certain qualifying fees; distribution................................................................................HB 636
Certain state-wide offices; plurality election................................................................HB 1529 Certain time periods; include weekends and holidays..................................................HB 634 Chief deputy registrars; compensation..........................................................................HB 1413
Codecorrections................................................................................................................HB 1229 Code; merge general and municipal provisions; repeal
Georgia Municipal Election Code.................................................................................SB 630
Commission on Political Campaign Advertising; create...............................................HB 502 County and municipal offices; qualifying fees.............................................................HB 1202 Designate state-wide poll watchers...................................................................................SB 466
Early voting provisions......................................................................................................HB 544 Election of county officers; nonpartisan; authorization................................................HB 207 Elections by mail; pilot counties; provisions..................................................................HB 260
Electronic Filing Act of 1997; enact ................................................................................HB 898 Eliminate certain primaries; extensive revision of provisions ...................................HB 1477 Ethics in government; candidates and family; contributions .......................................SB 605
Ethics in government; certain violations; penalties.....................................................HB 1284 Ethics in government; lobbyists and General Assembly; prohibitions.......................HB 874 Ethics in government; state elected executive
officers; prohibit certain mass mailings ......................................................................HB 873
Felons vote 30 days after release ...................................................................................HB 1191 General and municipal elections codes; certain definitions .........................................HB 589
General Assembly and certain statewide officials; term limits - CA..........................HR 840 General Assembly and county officials; nonpartisan elections.............................,....HB 1512 General Assembly; campaign contributions; use for training expenses ...................HB 1221
General Assembly Integrity Act of 1997; enact .................................................................HB 3 General Assembly Integrity Act of 1997; enact ...............................................................HB 13 House of Representatives; General Assembly; membership
and apportionment.......................................................................................................HB 1093 Independent expenditures; regulation...............................................................................HB 39 Ineligibility to hold elective office; felony
conviction; exception - CA............................................................................................HR 396 Judges, local school boards, certain county officials;
nonpartisan elections without primaries .....................................................................HB 820
Labor organizations; certain funds used for political purposes; regulate.........................................................................................................HB 1594

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2815

ELECTIONS (Continued) Lobbyists; prohibit presence on third floor of capitol................................................HB 1795 Lobbyists; registration; amend provisions ....................................................................HB 1581 Members of Congress; multiple-member districts.........................................................HB 977 Municipal elections; notice of write-in candidacy..........................................................SB 532 1992 and 1996 primaries; delete certain provisions.......................................................HB 818 Nomination petitions; amend provisions ........................................................................HB 632 Numbered list of voters; amend provisions....................................................................HB 824 Optical scanning voting equipment; regulate ...............................................................HB 1268 Pardons and paroles; board employees; candidates for public office .........................HB 175 Persons in arrears on taxes; prohibit eligibility.............................................................HB 159 Poll officers; appoint persons age 16 and over...............................................................HB 822 Polls remain open until 8:00 pm......................................................................................HB 738 Presidential electors; certification....................................................................................HB 637 Primaries; amend provisions .............................................................................................HB 819 Public office; defaulter on taxes not eligible to hold - CA ...............................................SR 6 Public Service Commission; amend provisions ................................................................HB 95 Recall petitions; amend provisions ..................................................................................HB 942 Registration of homeless voters; provide......................................................................HB 1177 Republican United States House of Representatives Speaker Newt Gingrich Act; enact...............................................................................HB 218 Sheriffs; qualifications; training; redefine peace officer ................................................SB 142 Special election to present question; time for holding ...............................................HB 1129 Voter lists; corrections through postal information ......................................................HB 890 Voter lists; include certain symbols .................................................................................HB 546 Voter registration; precinct cards; voter lists .................................................................HB 823 Voting; amend provisions..................................................................................................HB 817 Voting precinct boundaries; changes; file with Legislative and Congressional Reapportionment Office .........................................HB 1466 Voting requirement; photographic identification ..........................................................HB 670 Voting requirement; photographic identification ..........................................................HB 871 Voting requirement; voter identification........................................................................HB 401 Voting requirement; voter identification ........................................................................HB 554 Voting Rights Act; preclearance; urge Congress repeal................................................HR 224
ELECTRICAL SERVICE County codes; applicability to electric power facilities.................................................HB 894 House Competitive Electric Service Study Committee; create...................................HR 649
ELLENBURG, WILLIAM HURSEL "CURLEY"; condolences..........................HR 1443
ELLIJAY, CITY OF Ellijay-Gilmer County Water and Sewerage Authority; membership......................HB 1925
ELLIS, BETTY; commend ..............................................................................................HR 1240
EMANUEL COUNTY; jail authority; create...............................................................HB 1815
EMERGENCIES AND EMERGENCY SERVICES Automated external defibrillators; provide for easier public access............................SB 566 Communications officers and dispatch centers; training in telecommunications devices for the deaf ................................................HB 812 Community Right-to-Know Act; enact............................................................................HB 384 Disaster Volunteer Leave Act; enact .............................................................................HB 1266 Emergency management, preparedness, and assistance trust fund; create - CA ..................................................................................................HR 218 Emergency Management, Preparedness, and Assistance Trust Fund; create...........HB 239 Emergency medical services recognition day; observe ..................................................HR 746 Emergency medical technicians; hepatitis C protection .............................................HB 1410

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EMERGENCIES AND EMERGENCY SERVICES (Continued) Emergency medical treatment; attempted suicide ...........................................................SB 36 Emergency 911; certain performance reports; inspection.........................................,...HB 278 Emergency 911; certain personnel, supply, and equipment costs; payment ..............SB 237 Emergency 911 service and system; Joint Study Committee on Wireless Enhanced 911 Charges .........................................................SB 572 House 911 Systems Funding Study Committee; create................................................HR 488 Insurers; payment for certain procedures; prohibit denial...........................................HB 266 Interfering with 911 call; define offense ..........................................................................SB 460 Local governments; urge Governor and GEMA to assist in recovery from weather damage..............................................................................HR 1309 Managed care; 24-hour toll-free authorization number................................................HB 562 Mentally ill or alcoholic or drug dependent persons; certain emergency examinations; counselors or therapists .........................................SB 99 Paramedics; cardiac technicians; certification and recertification...............................SB 543 Pharmacists and pharmacies; comprehensive revision of provisions; Georgia Drugs and Narcotics Agency ......................................................HB 330 Watercraft; speed restrictions; accidents ......................................................................HB 1395 Workers' compensation; National Guard; indemnification; certain Guard members and firemen............................................................................SB 592
EMINENT DOMAIN Condemnation; compensation not subject to taxation..................................................HB 680 Condemnation procedures; amend provisions................................................................HB 155 Exercising outside territorial boundaries; prohibit......................................................HB 1261 Local government; private toll roads and bridges; licensing authority ....................HB 1486 Pipeline companies; tree cutting ......................................................................................HB 926 Private Real Property Rights Preservation Act; enact.................................................HB 853 Revenue bonds; powers of eminent domain; amend provisions..................................HB 852 State Commission on the Condemnation of Public Property; water quality manager..................................................................................HB 773
EMISSIONS, MOTOR VEHICLES Inspections; applicability to all counties.........................................................................HB 754 Inspections; exempt certain vehicles ...............................................................................HB 577 Inspections; waiver and exemption stations .....................................................................HB 30 Low-emission motor vehicles; income tax credit .........................................................HB 1596 Low-emission vehicles or conventionally fueled vehicles; income tax credit ..........................................................................................HB 1161 Mileage-based payment system; provide.......................................................................HB 1305 Standards; inspections; enforcement .............................................................................HB 1707
EMPLOYEES' RETIREMENT SYSTEM (See Retirement and Pensions or State Employees)
EMPLOYMENT Child support recovery; certain employer reports .......................................................HB 1307 Commission on Public Employment; create...................................................................HB 579 Criminal trespass; solicitation of employment; permission of owner .........................HB 707 Drug-free workplace; employer contributions and taxes; reduced rate....................HB 1720 Employee filing workers' compensation claim; certain termination notice ........................................................................................................HB 1075 Employee filing workers' compensation claim; prohibit termination.........................HB 792 Employee job performance; disclosure of certain information; employee immunity ...............................................................................HB 1142 Employment security; definitions; State-wide Reserve Ratio ...................................HB 1389 Employment security; State-wide Reserve Ratio; amend provisions.........................HB 177 Employment security; State-wide Reserve Ratio; amend provisions .......................HB 1579

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2817

EMPLOYMENT (Continued) Fair employment practices; public employees; overtime or compensatory time......................................................................................................SB 700 Georgia Workers' Compensation Uninsured Employers' Trust Fund Act; enact .................................................................................................HB 1864 Income tax; certain insurance firms; provide credit....................................................HB 1481 Income tax; employer social security tax payments; deduction................................HB 1437 Income tax; health insurance deduction; self-employed.............................................HB 1116 Industrial hygienist; qualify use of title...........................................................................SB 482 Labor organizations; certain funds used for political purposes; regulate..........................................................................................HB 1594 Life insurance; allow premium payments from employee contributions .................HB 1687 Migrant farm workers; urge U. S. Department of Labor to ensure adequate number...............................................................................HR 995 Minimum wage; increase to federal poverty level; adjust annually............................HB 513 Privacy for Consumers and Workers Act; enact............................................................HB 566 Professional Employer Organization Act; enact..............................................................HB 26 Public Employees Labor Relations Act; enact.............................................................HB 1462 Public employees; termination without cause; 90 days' notice required ...................HB 872 Schools; students performing certain unpaid work; prohibit.....................................HB 1403 State employees; privatization; certain re-employment rights....................................HB 356 Unclaimed property disposition; certain unpaid wages.................................................SB 217 Unemployment benefits; certain persons refusing or failing drug test....................HB 1471 Unemployment compensation; disqualification; exclude certain pay.........................HB 494 Unemployment insurance; unemployment compensation; workers' compensation insurance ...............................................................................HB 1140 Uninsured employers trust fund; authorize creation - CA.........................................HR 1188 Veterans; job training and employment assistance; preference.................................HB 1325 Workers' compensation; drug-free workplace; insurance premium discount .........................................................................................................HB 1134 Workers' compensation; drug-free workplace; insurance premium discount.............SB 155 Workplace; sexual harassment; right of action against employer...............................HB 472
ENGINEERS AND LAND SURVEYORS Certain certificates; change requirements.....................................................................HB 1447 Land surveyors; actions for damages; time limitation................................................HB 1154 Land surveyors; actions for damages; time limitation...................................................SB 147 Nonmonumentation surveys; standards..........................................................................HB 555 Persons not certified; penalties......................................................................................HB 1445 Property; processioning; apply in incorporated municipalities.................................HB 1208 Qualifications; amend provisions......................................................................................HB 483
ENVIRONMENTAL PROTECTION (See Conservation and Natural Resources or Hazardous Substances)
EQUAL RIGHTS American Indian Awareness Month; recognize month of November.........................HR 528 American Indian Awareness Month; recognize month of November.........................HR 529 Annie Plummer Act; enact................................................................,.............................HB 1492 Bias Crimes Information and Documentation Act; enact ............................................HB 842 "Bill of Rights Day"; designate......................................................................................HB 1173 Breast Cancer Patient Care Act; enact ............................................................................SB 431 Certified Professional Midwifery Act; enact ..................................................................HB 475 Education; teaching of Ebonics; prohibit ..........................................................................SB 51 Fair business practices; pricing of goods or services; gender discrimination.....................................................................................................HB 107 Georgia Commission on the Holocaust; create.............................................................HB 1664 Georgia Commission on Women; amend provisions......................................................HB 761

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2818

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EQUAL RIGHTS (Continued) Graglia, Professor Lino; denounce racist statements ..................................................HR 1139 Health; chlamydia screening test; insurance coverage................................................HB 1565 Health insurance coverage; newborn or adopted child; women's access; conversion ............................................................................................SB 665 Health insurance; gynecological exam for ovarian cancer; require coverage...............................................................................................HB 1120 House Ovarian Cancer Study Committee; create........................................................HR 1251 Insurance; disability income insurers; prohibit discrimination against abuse victims ...........................................................................HB 392 Insurance; life insurers; prohibit discrimination against abuse victims .....................................................................................................HB 390 Insurance; prohibit discrimination against abuse victims............................................HB 359 Insurance; prohibit discrimination against abuse victims.............................................SB 186 Insurance; prohibit discrimination by ZIP Code...........................................................HB 360 Insurance; urge coverage for ovarian cancer diagnostic studies................................HR 1093 King, Reverend Dr. Martin Luther, Jr.; commemorate anniversary of assassination........................................................................................HR 1348 Merit system; certain officers and employees; Selective Service registration.........................................................................................................HB 946 Osteoporosis; insurance coverage; patient education ..................................................HB 1086 Partial-birth abortion; prohibit ........................................................................................HB 240 Persons doing business in state; prohibit discrimination ...........................................HB 1102 Quality basic education; certain foreign language instruction; funding ......................................................................................................HB 1184 Race relations; urge General Assembly and citizens join in dialogue ......................HR 1393 Ralph Mark Gilbert Civil Rights Museum; designate official state museum ......................................................................................................SB 366 Representative from the 3rd district; reprimand ........................................................HR 1065 Schools; required courses; include black history .........................................................HB 1119 Special license plates; 100 Black Men of America, Inc; 100 Black Men of Atlanta, Inc.....................................................................................HB 559 State and local governments; affirmative action; prohibit.............................................HB 99 State owned historic properties; preservation............................................................,....SB 446 University of Georgia; prohibit certain discrimination...............................................HB 1685 Woman's Right to Know Act; enact ................................................................................HB 364 Women's Rights Movement; comment..........................................................................HR 1397 Workplace; sexual harassment; right of action against employer ...............................HB 472 Youthbuild Program Act; enact ..........................................................................................SB 68
EROSION AND SEDIMENTATION Certain local assistance road projects; Department of Transportation address..................................................................................................HB 895 Natural resources; land-disturbing variances; impact on flood plains and stream banks ..............................................................................HB 1359 Trout streams; buffer requirement variances; amend provisions...............,..............HB 1593
ESTATES (See Wills, Trusts, and Administration of Estates)
ESTEP, SEAN; commend ................................................................................................HR 1062
"EVELYN S. WADE HIGHWAY"; designate.................................................................SR 48
EVIDENCE Appeals; certain cases; orders excluding certain evidence ...........................................HB 421 Correctional institutions; computerized records; certification........................................SB 47 Medical information; allow release in case of medical necessity...............................HB 1743 Presentencing hearings; certain juvenile records; additional evidence.......................HB 147 Privileged testimony; attorney and client; extend privilege .........................................SB 634

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2819

EVIDENCE (Continued) Radar; speeding in school zone; admissibility..............................................................HB 1203 Witness fees; include certain college or university police officers ..............................HB 595 Workers' compensation; amend provisions; Self-Insurers Guaranty Trust Fund...........................................................................HB 1327
EWING, FRANK M.; commend .....................................................................................HR 1404
EXAMINING BOARDS (See Licenses or Professions and Businesses)
EXCISE TAX County excise tax; severance of solid minerals ............................................................HB 1676 Hotels and motels; amend provisions..............................................................................HB 609 Hotels and motels; cotton gin attraction ......................................................................HB 1649 Hotels and motels; county and municipal levies; additional authorization.................................................................................................HB 379 Hotels and motels; domed stadium; termination ........................................................HB 1631 Hotels and motels; excise and sales taxes; aggregate amount .....................................HB 679 Hotels and motels; international and maritime trade center authorities; amend provisions ................................................................HB 706 Joint Hotel-Motel Tax Study Committee; create..........................................................HR 297 Motor fuel; agricultural field use vehicle; refunds; licensing and fees; certain exemption ........................................................HB 1175 Motor fuel excise tax; state increase to offset federal decrease ..................................HB 365 Rental motor vehicles; bad debt deduction..................................................................HB 1582 State Sovereignty and Federal Tax Funds Act; enact................................................HB 1816 Stone Mountain Memorial Association; certain tax proceeds; amend provisions.........................................................................................HB 1232

FAIRBURN, CITY OF Mayor and council; compensation; municipal court; establish.....................................SB 400
FAMILY (Also, see Domestic Relations) Crimes Against Family Members Act of 1997; enact.......................................................SB 67 Elections; absentee ballots; delivery by certain family members................................HB 361 Family Court Division; Fulton Superior Court; pilot program .................................HB 1674 Family violence battery; certain release or escape; victim notification...........................................................................................................HB 846 Family violence shelters; prohibit disclosure of location..............................................HB 413 Family violence; threat to commit offense .......................................................................HB 64 House County Extension Family and Consumer Science Agent Study Committee; create ...................................................................................HR 570 House Study Committee on Pilot Project Family Court forDeKalb County.......................................................................................................HR 1265 Joint County Extension Family and Consumer Science Agent Study Committee; create ...................................................................................HR 932 Pro-family Tax Equity Act of 1997; enact..........................................................................HB 1
FAMILY AND CHILDREN SERVICES Certain attorneys' fees; reimbursement to local boards of education......................HB 1183 Child abuse; certain meetings and records; allow public access ..................................SB 473 Child placement in foster home; residents; records check............................................SB 244 Corporations; certain contracts with state; ineligibility..............................................HB 1303
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FAMILY AND CHILDREN SERVICES (Continued) Driving under the influence; endangering a child; report certain convictions..............................................................................................HB 880 Employees' Retirement; certain prior county service; credit.......................................HB 825 Employees' Retirement; creditable service .....................................................................HB 507 Fatherhood Responsibility Act; enact ................................................................................SB 58 Group-care facilities; placement of certain children; prohibitions..............................HB 865 Joint Board of Family Practice; redesignate as Georgia Board for Physician Workforce ......................................................................SB 533 Juvenile proceedings; children in foster care; certain notice .......................................HB 527 Juvenile proceedings; removal of child from home; family reunification; foster care..................................................................................HB 1585 Minors; contraceptives and pelvic exams; parental notification...............................HB 1363 Nannies; licensing.............................................................................................................HB 1893 Parental rights; termination; amend provisions...........................................................HB 1571 PeachCare for Kids Act; enact..........................................................................................SB 410 Persons supervising children; criminal records checks...............................................HB 1271 Spontaneous abortion contraceptives; certain state agencies; prohibit distribution....................................................................................HB 1329 Temporary assistance for needy families; extend to age 22.......................................HB 1652 Temporary assistance for needy families; qualified aliens............................................SB 531 Youth Camp Act; enact...................................................................................................HB 1100 Youthbuild Program Act; enact..........................................................................................SB 68
FAMILY VIOLENCE Crimes Against Family Members Act of 1998; enact.....................................................SB 510 Divorce; marriage irretrievably broken; delay; exception...........................................HB 1472 Family violence battery; certain release or escape; victim notification...........................................................................................................HB 846 Family violence in the presence of a minor; define ....................................................HB 1224 Insurance; prohibit discrimination against abuse victims..........................................HB 1479 Insurers; domestic abuse victims; prohibit discrimination.........................................HB 1275 Shelters; prohibit disclosure of location..........................................................................HB 413 Threat to commit offense....................................................................................................HB 64 Violation of protective orders; concurrent jurisdiction...............................................HB 1709
FAMOUS LOUISE'S ROCK HOUSE RESTAURANT; commend......................HR 884
FANNIN COUNTY Board of commissioners; certain appointments..............................................................SB 627 Board of registrations and elections; terms.....................................................................SB 628 Homestead exemption; certain residents......................................................................HB 1830
FANNIN, WILLIAM COLEMAN; commend..............................................................HR 758
FARMS AND FARM PRODUCTS Aircraft used for agricultural purposes; sales tax exemption ......................................HB 196 Boll weevil eradication; assessments on cotton; first buyer.......................................HB 1242 Certain agricultural products and livestock; ad valorem tax exemption.................HB 1350 Certain fruit or nut plants; ad valorem tax exemption................................................HB 318 Certain grass sod; sales tax exemption..........................................................................HB 1656 Dairy cattle; ad valorem tax exemption...........................................................................SB 419 Federal Crop Insurance Program; urge federal government revise laws ...................HR 856 Georgia State Nutrition Assistance Program (SNAP); enact ....................................HB 1253 House Cotton Warehousing and Marketing Study Committee; create....................HR 1333 Independent Agricultural Crop Consultants Act; enact.............................................HB 1369 Livestock; ad valorem tax exemption............................................................................HB 1127 Livestock; special sales; bonds; exempt 4-H clubs and Future Farmers of America.................................................................................HB 1460

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2821

FARMS AND FARM PRODUCTS (Continued) Migrant farm workers; urge U. S. Department of Labor to ensure adequate number...........................................................................................HR 995 Motor fuel excise tax; agricultural field use vehicle; refunds; licensing and fees; certain exemption ........................................................HB 1175 Southern Dairy Compact; enact .....................................................................................HB 1371 Southern Dairy Compact; enact........................................................................................SB 420 Tomato Spotted Wilt Virus; urge federal government increase funds for eradication.......................................................................................HR 843 Turner County peanut monument; designate official state peanut monument..............................,................................................................HB 1490 U. S. Department of Agriculture; wheat quarantine; urge elimination of planned use...................................................................................HR 293 Water resources; animal feeding operations; moratoria..............................................HB 1848 Water resources; animal feeding operations; regulate.................................................HB 1265
FEDERAL GOVERNMENT Agriculture, Department of; wheat quarantine; urge elimination of planned use............................................................................................HR 293 Balanced budget amendment; urge Congress submit for ratification ........................HR 361 Balanced budget amendment; urge Congress submit to states...................................HR 253 "Bill of Rights Day"; designate December 15..............................................................HB 1434 Certain dismissed civil cases; recommence in federal court......................................HB 1316 Civil practice; recommencement of dismissed cases; certain actions against judicial officers; attorney's fees..........................................HB 1730 Conrail acquisition; urge U. S. Surface Transportation Board consider needs of public.....................................................................................SR 178 Declaration of Independence, U. S. Constitution, and Federalist Papers; commend study............................................................................HR 1406 Declaration of Independence, U. S. Constitution, and Federalist Papers; urge schools devote day to study ..............................................HR 1250 Domestic insurers; certain investments; amend provisions........................................HB 1108 Elections; members of Congress; multiple-member districts.......................................HB 977 Elections; 1992 and 1996 primaries; delete certain provisions....................................HB 818 Elections; presidential electors; certification of electors ..............................................HB 637 Elections; voter lists; corrections through postal information.....................................HB 890 Environmental Protection Agency nonattainment area; incinerating sludge; prohibition phase-in....................................................................HB 690 Erosion and sedimentation; certain local assistance road projects; Department of Transportation address .............................................HB 895 Federal Crop Insurance Program; urge federal government revise laws ...................HR 856 Federal highway trust funds; express consensus regarding Georgia's share ............................................................................................HR 1032 Federal law enforcement officers; powers .......................................................................HB 163 Federal military budget; shift money to states for domestic use................................HR 312 Georgia; agricultural disaster area; urge Congress declare...........................................HR 811 Gingrich, Honorable Newt L.; invite to House................................................................HR 45 Gingrich, U. S. Representative Newton L.; effect of actions on Kennesaw State University Foundation; remedies..............................................HR 115 Health Care Study Commission; create ..........................................................................HR 364 Health maintenance organizations; allow marketing to Medicaid recipients..................................................................................................HB 1326 Health maintenance organizations; allow marketing to Medicaid recipients..................................................................................................HB 1408 Health plans; exemption from state standards; urge Congress reject legislation ..................................................................................HR 1278 Highways; interstate exits; urge Department of Transportation change marking system......................................................................HR 470

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FEDERAL GOVERNMENT (Continued)
Hmong and Lao soldiers; legal immigrants; urge President and Congress grant citizenship....................................................................SR 474
Hospital authorities; nonparticipation in certain program; prohibit state funds .......................................................................................HB 859
Hospitals; inpatient services; provide for uniform reimbursement .............................SB 575
Housing; down payment assistance..................................................................................HB 469 Income tax; employer social security tax payments; deduction ................................HB 1437 Insurance; prohibit discrimination by ZIP Code...........................................................HB 360
Insurance; state standards; exemption of certain health plans; urge Congress reject legislation .............................................................SR 766
Insurers rehabilitation; claims distribution; conform priority to U. S. Code ....................................................................................................HB 752
Marriage ceremonies; authorize federal judges to perform..........................................HB 249
McDonald, Larry; fifteenth anniversary of his death; express gratitude...........................................................................................................HR 1350
Medical assistance; certain provider participation; termination....................................SB 44
Medical Assistance, Department of; prohibit certain restrictions on approved prescription drugs................................................................SB 139
Medical assistance; unlawful acts; abuse; Medicaid fraud forfeiture .......................HB 1440 Merit system; certain officers and employees;
Selective Service registration........................................................................................HB 946 Migrant farm workers; urge U. S. Department of Labor
to ensure adequate number...........................................................................................HR 995 Minimum wage; increase to federal poverty level; adjust annually.................,..........HB 513
Motor fuel excise tax; state increase to offset federal decrease ..................................HB 365 Motor vehicle registration; prohibit requiring social security number.......................HB 102 Natural resources; protection; urge amendment to U. S. Constitution .....................HR 175
Patient Access to Responsible Care Act of 1997; urge congress pass ......................HR 1310 Physician's assistants; certain prescriptions;
register with drug enforcement administration .......................................................HB 1332 Public records; social security numbers; prohibit disclosure .......................................HB 744
Real estate transactions; disclosure requirements; exceptions ..................................HB 1274
Red imported fire ant; urge federal government increase funds to eradicate............................................................................................HR 842
Republican United States House of Representatives Speaker Newt Gingrich Act; enact...............................................................................HB 218
Revenue Code; conform to federal code........................................................................HB 1121
Revenue Code; conform to federal code........................................................................HB 1596
Schools; curriculum relative to presidents; present on President's Day........................................................................................................HB 1519
Secured transactions; repossession; require non-violation of law .............................HB 1622 Securities and securities markets; amend provisions..................................................HB 1372 Southern Dairy Compact; enact .....................................................................................HB 1371
Southern Dairy Compact; enact........................................................................................SB 420
State employees; certain appeals; payroll review; certain state health benefit plan coverage................................................................HB 1423
State powers; claim sovereignty under U. S. Constitution ..........................................HR 225 State Sovereignty and Federal Tax Funds Act; enact................................................HB 1816
Tomato Spotted Wilt Virus; urge federal government increase funds for eradication...............................................................,.......................HR 843
Torts; implanting of certain devices; physicians' immunity ......................................HB 1907
University System; law schools; allow recruiting by Department of Law or armed forces............................................................................HB 954
Veterans Day; public schools close ................................................................................HB 1385
Veterans; post-traumatic stress disorder; encourage extension of benefits ......................................................................................................HR 930
Voting Rights Act; preclearance; urge Congress repeal................................................HR 224

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2823

FETICIDE IN THE SECOND DEGREE; define offense; penalties.....................HB 1659
FIDUCIARIES Financial institutions; extensive revision of provisions..............................................HB 1354 Uniform Commercial Code; investment securities; provisions .....................................SB 402
FIELDS, PASTOR JOSEPH; commend .......................................................................HR 914
FINANCIAL INSTITUTIONS Bad credit card debt; sales tax deduction ....................................................................HB 1660 Banks; certain errors; pay fee to account holder.........................................................HB 1541 Check cashing; prohibit fingerprinting..............................................................................HB 33 Child support; seizure of deposits; suspension of certain licenses..............................HB 828 Deposit account fraud; instruments for collateral; prohibit acceptance for less than face value ...............................................................SB 590 Deposit account fraud; recovery; include certain fees................................................HB 1264 Depository financial institutions; local business tax.......................................................HB 69 Extensive revision of provisions .....................................................................................HB 1354 Insufficient funds fee; written notice ............................................................................HB 1487 Mortgage brokers; licenses; out-of-state applicants ....................................................HB 1496 Mortgage lenders and brokers and check cashers; denial or revocation of license; failure to pay education loans ...........................................HB 884 Mortgage lenders and brokers; certain required reports; exception...........................HB 725 Mortgage lenders; failure to pay insurance premiums; liability ..................................HB 478 Multiparty accounts; rights of survivorship .................................................................HB 1058 Personal Financial Security Act; enact; define financial identity fraud...................................................................................................SB 513 Property; certain lenders; prohibit requiring mortgage insurance..............................HB 913 Requiring fingerprints; prohibit business transactions with state agencies..........................................................................................................HB 618 State government; doing business with certain financial institutions; prohibit ......................................................................................................HB 940 Worthless financial instruments; district attorney's action .......................................HB 1661
FINCHER, JAMES CARTER; condolences ...............................................................HR 1321
FINES AND FORFEITURES Driving under the influence; additional fees; Brain and Spinal Injury Trust Fund Authority; create.......................................................HB 456 Driving under the influence; additional fees; Brain and Spinal Injury Trust Fund Authority; create........................................................SB 110 Driving under the influence; additional fees; Brain and Spinal Injury Trust Fund - CA............................................................................HR 226 Driving under the influence; additional fees; Brain and Spinal Injury Trust Fund - CA.............................................................................SR 144 Municipal courts; certain executions; trial in superior courts......................................SB 125 Municipal courts; jurisdiction; certain offenses .............................................................HB 808 Sheriffs; certain fines; add 2% surcharge .....................................................................HB 1489 Terroristic threats and acts; increase penalty ..............................................................HB 1357
FIORENZA, LOUIS J.; commend .................................................................................HR 1146
FIORENZA, VIVIAN; commend ...................................................................................HR 1147
FIRE PROTECTION Blasting; utility facility; redefine ...................................................................................HB 1098 Buildings presenting special hazards; conflicting codes ................................................SB 212 Dispensing gasoline or diesel fuel; rules and regulations of Insurance Commissioner.......................................................................HB 233 Fire and other hazards; regulation; citations for noncompliance.................................SB 608

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FIRE PROTECTION (Continued) Fire departments; minimum requirements; rules and regulations............................HB 1270 Firefighters; public safety officers; hepatitis C protection.........................................HB 1410 Firemen and certain National Guard members; indemnification................................SB 592 Firemen's Pension Fund; certain prior service; creditable service..............................HB 336 Firemen's Pension Fund; certain prior service; creditable service............................HB 1071 Firemen's Pension Fund; certain spousal benefits; survivor's option ........................HB 338 Firemen's Pension Fund; eligibility..................................................................................SB 128 Fire prevention districts; insurance rate classification; regulation...........................HB 1381 Fire prevention districts; insurance rate classification; variances.............................HB 1380 Forest fire prevention; outdoor burning; prohibitions..................................................HB 668 Local government; volunteer fire departments; nonprofit corporation.........................SB 30 Personal care homes; change name to assisted living facilities...................................HB 287 Sadie Act; enact................................................................................................................HB 1204 Sentencing for certain murders; death or life without parole ...................................HB 1328
FIREARMS Antiterroristic training; certain communication; prohibit............................................HB 762 Bulletproof vest; use during armed robbery; penalities ................................................SB 425 Carrying without license; certain correctional employees............................................HB 896 Certain offenses; trial upon accusation.........................................................................HB 1306 Concealed weapons; licensure; exempt certain judges not in office.........................HB 1473 Concealed weapons; licensure; exempt district attorneys emeritus............................HB 372 Concealed weapons; licensure; exempt municipal and city judges.............................HB 523 Concealed weapons; licensure; exempt State Patrol and GBI retirees .......................SB 427 Concealed weapons; licensure; exempt superior court reporters .................................HB 481 Concealed weapons; loaded firearm in vehicle; defense of habitation; immunity................................................................................HB 1360 Discharge within 300 feet of dwelling; prohibition; exception ..................................HB 1246 Game and fish; amend provisions ..................................................................................HB 1352 Insurance; lawful firearms kept on property; prohibit denial of coverage.............................................................................................SB 562 Juveniles; certain offenses involving firearm; superior court jurisdiction.............................................................................................................HB 296 Pistol or revolver; prohibit allowing minor to obtain possession.................................SB 407 Possession; restrictions; exemptions ..............................................................................HB 1425 Private detective and private security business; amend provisions..........................HB 1704 State compliance with Brady Law..................................,................................................HB 290
FIRST BAPTIST CHURCH OF SPRINGFIELD; commend................................HR 763
FIRST PRESBYTERIAN CHURCH OF DONALSONVILLE; commend......HR 1291
FISH AND FISHING (Also, see Game and Fish) Cast netting; shrimp; seafood; boating safety zones; amend provisions ..................HB 1315 Child support; seizure of deposits; suspension of certain licenses..............................HB 828 Coastal Regional Aquarium and Maritime Facility Study Commission; create.............................. ................................................................SR 185 Courtesy nonresident license; certain disabled veterans ...............................................SB 649 Crabs; commercial crabbing license; records; crab traps ............................................HB 1444 Finfish; possession, creel, and size limits; seasons.......................................................HB 1351 Fishing location operators; liability; courtesy nonresident fishing license; certain veterans ............................................................HB 1633 Fuel used by licensed commercial fishermen; sales tax exemption............................HB 705 Game and fish; amend provisions ..................................................................................HB 1352 Lifetime sportsman's license; create; Wildlife Endowment Fund; establish........................................................................................HB 1640 Shrimp and cast nets; limitations....................................................................................HB 893

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2825

FISH AND FISHING (Also, see Game and Fish) (Continued) Trout fishing and waters; amend provisions................................................................HB 1087 Trout streams; buffer requirement variances; amend provisions..............................HB 1593
FISHER, JESSICA; commend .......................................................................................HR 1356
FLAGS Georgia flag; removal by New York State Legislature from their state flag display; relative to.....................................................................HR 275 POW/MIA flag; authorize display in public schools......................................................SB 426 State flag; change design...................................................................................................HB 342
FLETCHER, WILL; commend .........................................................................................HR 756
FLINT JUDICIAL CIRCUIT Amend ..................................................................................................................................HB 563 Salary supplements.............................................................................................................HB 564
FLOURNOY, CHARLES WESLEY; condolences....................................................HR 1125
FLOYD COUNTY Consolidation with Rome, City of; advisory referendum ...........................................HB 1737 Homestead exemption; certain residents ......................................................................HB 1736
"FLOYD HULETT-MONROE STEELMAN MEMORIAL BRIDGE" De8ignate............................................................................................................................HR 1101 Designate............................................................................................................................HR 1173
FOGG, E. C. Ill; compensate .............................................................................................HR 784
FOLKSTON, CITY OF; corporate limits .....................................................................HB 1732
FOOD Adulterated or misbranded; penalties; detention or embargo notices......................HB 1209 Bobby Eugene Parham Food Service Facility; designate at Central State Hospital ...............................................................................................SR 588 Food sales; bagging stations; finger-wetting device to aid in separation of bags.........................................................................................HB 1118 Georgia State Nutrition Assistance Program (SNAP); enact....................................HB 1253 Safe handling; Department of Human Resources establish course of instruction.....................................................................................................HB 1171 Sales and food service establishments; nonprofit food sales and service...................................................................................................HB 1576 Sales tax; foods and beverages exempted; dealers post certain signs ........................HB 972 Sales tax; foods and beverages exempted; urge posting of signs by dealers ............................................................................................HR 581 Sales tax; unlawful collection; urge Department of Revenue take action .................HR 939 Seafood, meat, and poultry; sales from mobile vehicle; licensing provisions ...........................................................................................SB 500
FOREIGN GOVERNMENTS Domestic insurers; certain investments; amend provisions........................................HB 1108 State of Georgia and Ivory Coast; declare sister states..............................................HR 1004
FORESTS AND PLANT RESOURCES Bona fide conservation use property; breach of renewal covenant; penalties not applicable ..............................................................HB 1365 Certain agricultural products and livestock; ad valorem tax exemption.................HB 1350 Chip mills; urge Department of Natural Resources and Georgia Forestry Commission to conduct study relative to...........................HR 1313 Eminent domain; pipeline companies; tree cutting.......................................................HB 926

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FORESTS AND PLANT RESOURCES (Continued) Foresters; code of ethics; State Board authorize adoption ........................................HB 1195 Foresters, State Board of Registration; repeal provisions............................................HB 581 Forest fire prevention; outdoor burning; prohibitions..................................................HB 668 Georgia Wildflower Project Trust Fund; create - CA...................................................HR 732 Natural Resources, Department of; permits; powers; advisory committee..............HB 1592 Natural resources; land-disturbing variances; impact on flood plains and stream banks.................................................................HB 1359 Official Garden and Nature Trail of Georgia; designate ............................................HB 1729 Outdoor advertising; certain sign placement restrictions; exception........................HB 1304 Pine straw; sales to dealers; business license or tax number.......................................HB 941 Professional forestry; denial or revocation of license; failure to pay education loans ........................................................................HB 884 Roadside enhancement and beautification fund; General Assembly provide - CA....................................................................................SR 559
FORFEITURE OF PROPERTY Asset forfeiture; proceeds; certain drug rehabilitation programs..............................HB 1285 Medical assistance; unlawful acts; abuse; Medicaid fraud forfeiture .......................HB 1440 Municipalities; sales to law enforcement officers ..........................................................HB 268 Municipalities; sales to law enforcement officers ..........................................................HB 280
FORSYTH COUNTY Bell-Forsyth Judicial Circuit; create; Blue Ridge Judicial Circuit; revise ...................................................................................................HB 406 Blue Ridge Judicial Circuit; judges; compensation .....................................................HB 1894
FORT GAINES, CITY OF; new charter ......................................................................HB 1873
4-H DAY AT STATE CAPITOL; observe ...................................................................HR 737
FRANCHISES Cable television; failure to scramble premium channels; penalty.............................HB 1078
FRANK S. BOATRIGHT ROAD Recognize honorary designation .....................................................................................HR 1207 Recognize honorary designation .....................................................................................HR 1300
FRANKLIN COUNTY; convey property .......................................................................HR 825
FRANKLIN, HONORABLE BOBBY; communication.........................................Page 1662
FRAUD AND FORGERY Certain offenses; trial upon accusation .........................................................................HB 1306 Communications Fraud Act of 1997; enact ..................................................................HB 1057 Computer crimes; transmittal of misleading data.........................................................HB 157 Deposit account fraud; instruments for collateral; prohibit acceptance for less than face value ...............................................................SB 590 Deposit account fraud; recovery; include certain fees ................................................HB 1264 Elections; absentee ballots and envelopes; voter fraud warnings ...............................HB 749 Elections; amend provisions...............................................................................................SB 593 Felony insurance fraud; penalties ....................................................................................HB 233 Forgery; false identification furnished to minor; penalty .............................................SB 199 Fraud; certain security interest; certain offenses; penalty .........................................HB 1526 Fraud; taking identity of another; prohibitions; penalties.........................................HB 1117 Fraud, waste, and abuse; complaints by public employees to General Assembly; confidentiality .....................................................HB 1511 Home Repair Fraud Act; enact ......................................................................................HB 1459 Insurance fraud; change definition; civil immunity ......................................................HB 493 Medical assistance; unlawful acts; abuse; Medicaid fraud forfeiture .......................HB 1440

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INDEX

2827

FRAUD AND FORGERY (Continued) Personal Financial Security Act; enact; define financial identity fraud...................................................................................................SB 513 Telemarketing practices; prohibitions; penalties; telephone directory listings for nonlocal business...................................................HB 1420 Unfair business practices; telemarketing; Internet activities; home repair....................................................................................................HB 709 Worthless financial instruments; district attorney's action .......................................HB 1661
FREEPORT Ad valorem tax exemption; eligibility determination .................................................HB 1178
FROST, JUNE; condolences ............................................................................................HR 1253
FUEL (See Gas, Gasoline, and Gas Service)
FULTON COUNTY Additional homestead exemption.....................................................................................HB 667 Assistant county administrators; probate judge appoint...............................................SB 136 Atlanta-Fulton County; recreation authority; add members .....................................HB 1803 Atlanta-Fulton County; recreation authority; compensation of chief executive officer ....................................................................HB 1697 Atlanta-Fulton County Stadium; request reexamination of its future ......................HR 569 Board and department of health; rename ....................................................................HB 1412 Certain authorities; authorize certain charitable grants or contributions ...................................................................................................SB 567 Certain store closings in South Fulton County; reconsider .........................................HR 990 Community improvement districts; create ...................................................................HB 1710 Convey property..................................................................................................................SR 560 Courts; judicial assistance from other courts; permanent basis...................................SB 688 Family Court Division; Fulton Superior Court; pilot program .................................HB 1674 Fulton County and Atlanta, City of; tax payment to state, county, and city; same date.................................................................................SB 506 Homestead exemption; certain residents .........................................................................SB 285 Lease property...................................................................................................................HR 1067 Library board of trustees; membership.........................................................................HB 1637 Local option sales taxes; certain counties; prohibit certain reduction of proceeds......................................................................................HB 1703 Motor vehicle self-insurers; taxicabs; certain counties ...............................................HB 1448 Purchasing department; public letting and bids .........................................................HB 1452 State court; abolish office of marshal..............................................................................HB 542 State court; chief judge......................................................................................................HB 225
FUNERAL DIRECTORS AND EMBALMERS Apprenticeships; amend provisions................................................................................HB 1478 Apprenticeships; crematory licenses .................................................................................SB 344 Licensure; apprenticeship..................................................................................................HB 132 Liens in favor of; provide ................................................................................................HB 1214 Preneed funeral service contract; redefine ...................................................................HB 1686 Prisoners; attend funerals in civilian clothes and unmanacled.................................HB 1739 Sales tax; exempt certain funeral merchandise ...........................................................HB 1442 Sales tax; exempt certain funeral merchandise ...........................................................HB 1656
FUTURE FARMERS OF AMERICA; commend.....................................................HR 1103

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2828

INDEX

G

GAINES, TYLEB; commend.............................................................................................HR 986
GAINESVILLE, CITY OF Distribution of certain tax...............................................................................................HB 1785 Sales tax distribution for education .................................................................................SB 502 Sales tax distribution for education .................................................................................SB 646
GAINESVILLE HIGH SCHOOL BASEBALL TEAM Commend.............................................................................................................................HR 890 Invite to House.................................................................................................................HR 1070
GAMBLING Campaign contributions; lottery and gambling vendors; prohibitions .....................HB 1680 Casino gambling; General Assembly provide by law - CA.............................................HR 51 Pari-mutuel wagering at horsetracks - CA .......................................................................HR 53
GAME AND PISH Amend provisions.............................................................................................................HB 1352 Cast netting; shrimp; seafood; boating safety zones; amend provisions ..................HB 1315 Child support; seizure of deposits; suspension of certain licenses..............................HB 828 Conservation rangers; provide new designation..............................................................SB 514 Crabs; commercial crabbing license; records; crab traps............................................HB 1444 Deer and motor vehicle collisions; certain counties; open bowhunting season ................................................................................................HB 881 Dove-hunting season; Board of Natural Resources establish statewide ....................HB 186 Finfish; possession, creel, and size limits; seasons.......................................................HB 1351 Fishing; courtesy nonresident license; certain disabled veterans.................................SB 649 Fishing location operators; liability; courtesy nonresident fishing license; certain veterans............................................................HB 1633 House Hunter Notification Study Committee; create ..................................................HR 160 Hunting; crossbow permits for persons with disabilities............................................HB 1532 Law enforcement and other officers; certain disability; retain weapon and badge ............................................................................HB 410 Lifetime sportsman's license; create; Wildlife Endowment Fund; establish........................................................................................HB 1640 Sales tax exemption; fuel used by licensed commercial fishermen ............................HB 705 Shrimp and cast nets; limitations....................................................................................HB 893 State-owned wildlife; certain damage; sovereign immunity; waiver ...........................HB 836 Trout fishing and waters; amend provisions ................................................................HB 1087 Wildlife management areas; certain tracts of land; provide for cessation of use............................................................................................SB 475
GARDEN CITY, CITY OF Certain referendum; authorize........................................................................................HB 1692 Corporate limits................................................................................................................HB 1658
GARNISHMENT Certain actions; allow performance by corporate officers or employees.....................SB 477 Notice to defendant; increase to seven days ................................................................HB 1362
GAS, GASOLINE, AND GAS SERVICE Blasting; utility facility; redefine ...................................................................................HB 1098 Dispensing gasoline or diesel fuel; rules and regulations of Insurance Commissioner.......................................................................HB 233 Eminent domain; pipeline companies; tree cutting.......................................................HB 926
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2829

GAS, GASOLINE, AND GAS SERVICE (Continued) Motor vehicles; gasoline purchase; penalties for nonpayment...................................HB 1151 Motor vehicles; gasoline purchase; penalties for nonpayment...................................HB 1578
GATEWOOD GOLF TEAM; invite to House...............................................................HR 928
GENERAL ASSEMBLY Abemathy, Senator Ralph David, III; vote impeachment charges.............................HR 722 Adjournment; adjourn 1/16/98; reconvene 1/26/98.......................................................HR 810 Adjournment; adjourn on Tuesdays; reconvene on Thursdays ...................................HR 927 Adjournment; schedule for balance of session; adjourn sine die 3/19/98 ..............................................................................................HR 1165 Bills and resolutions; passage; require repeal of statutes - CA...................................HR 831 Bipartisan Joint Commission on Parole Abolition and Sentencing Reform; create.............................................................................................SR 477 Budget Accountability Act of 1997; enact ..........................................................................HB 4 Budget unit object class transfers; General Assembly approval ...................................HB 18 Campaign contributions; prohibit from lottery vendors.............................................HB 1589 Campaign contributions; use for training expenses.....................................................HB 1221 Casino gambling; General Assembly provide by law - CA.............................................HR 51 Certain elected officials; threats against; provide for offense....................................HB 1375 Certain students; General Assembly provide educational grants to parents - CA...................................................................................................HR 850 Claims advisory board; exclude certain payments .........................................................SB 423 Commission on the 250th Anniversary of a Representative Assembly in Georgia; create..........................................................................................HR 998 Cost-of-living adjustment; tie to state employees' salary increase .............................HB 717 Driver's license; certain information; disclose to members of General Assembly...................................................................................HB 1153 Ethics in government; lobbyists and General Assembly; prohibitions.......................HB 874 Fiscal notes; Office of Planning and Budget; prohibit participation.........................HB 537 Fraud, waste, and abuse complaints by public employees; confidentiality; telephone number on stationery.....................................................HB 1511 General appropriations; FY 1997-98................................................................................HB 168 General appropriations; FY 1998-99..............................................................................HB 1250 General appropriations; FY 1998-99..............................................................................HB 1718 General Assembly and certain statewide officials; term limits - CA..........................HR 840 General Assembly Integrity Act of 1997; enact .................................................................HB 3 General Assembly Integrity Act of 1997; enact ...............................................................HB 13 General Assembly Training Institute; create; Ethics and Efficiency in Government Act; enact.................................................................HB 1225 General bills increasing revenue; two-thirds vote required - CA..................................HR 23 General bills increasing revenue; two-thirds vote required - CA................................HR 158 Georgia Youth Legislature; create..................................................................................HR 1141 House of Representatives; reapportion districts 77 and 78.......................................HB 1429 House of Representatives; reapportion districts 84 and 87 .......................................HB 1300 House of Representatives; reapportion districts 84 and 87.......................................HB 1648 House of Representatives; reapportion districts 84 and 87.......................................HB 1702 House of Representatives; reapportion districts 156, 157, 165, 166, 172, 173, and 174..........................................................................................HB 1502 House of Representatives; reapportion districts 161 and 163...................................HB 1600 House of Representatives; reapportion districts 161 and 163...................................HB 1715 House of Representatives; reapportion districts 172, 173, and 174..........................HB 1320 Housing Affordability Impact Note Act; enact..............................................................HB 814 Joint County Extension Family and Consumer Science Agent Study Committee; create ...................................................................................HR 932 Joint Georgia Transportation Study Committee; create..............................................HR 464 Joint Hotel-Motel Tax Study Committee; create..........................................................HR 297

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2830

INDEX

GENERAL ASSEMBLY (Continued) Joint Personal Income Tax Elimination Study Commission; create..........................HR 724 Joint Public Retirement System Study Committee; create.........................................HR 781 Joint session; Governor's budget message......................................................................HR 727 Joint session; Governor's message; invite Supreme Court Justices and Appeals Court Judges .............................................................................HR 729 Joint session; Governor's state of the state message ....................................................HR 728 Joint session; message from Chief Justice of Supreme Court.....................................HR 730 Joint State Income Tax Reform Study Commission; create........................................SR 593 Joint Stream Buffer Study Committee; create...............................................................SR 644 Joint Study Committee on Baldwin County State Properties; create ........................SR 151 Joint Study Committee on Franchise Fees and Conditions, Rights of Way, and Tax Implications of Competitive Markets; create..................SR 544 Joint Study Committee on Historic Preservation; create.............................................SR 552 Joint Study Committee on Hunger; create.....................................................................HR 394 Joint Study Committee on Local Assistance Grants; create........................................SR 674 Joint Study Committee on School Health Care; create ................................................SR 677 Joint Study Committee on School Support Personnel; create..................................HR 1091 Joint Study Committee on School Support Personnel; create .....................................SR 646 Joint Study Committee on State Spending for Private Counsel; create ...................HR 166 Joint Study Committee on the Impact of Strokes on Georgia's Citizens; create; Stroke Awareness Month; declare May, 1998 .............................HR 1000 Joint Study Committee on Wireless Enhanced 911 Charges .......................................SB 572 Joint Subsequent Injury Trust Fund Study Committee; create.................................HR 257 Legislative Retirement; membership; amend provisions ..............................................HB 737 Lodging paid by lobbyists; prohibit...............................................................................HB 1110 Members and employees; illegal drug activity.............................................................HB 1488 Membership and apportionment; House of Representatives; election.....................HB 1093 Nonpartisan elections.......................................................................................................HB 1512 Notify Governor; General Assembly convened..............................................................HR 726 Notify Senate; House convened .......................................................................................HR 725 Proceedings; urge live coverage by cable television..........................................................HR 2 Proceedings; urge live coverage by cable television......................................................HR 839 Race relations; urge General Assembly and citizens join in dialogue......................HR 1393 Rail Passenger Authority; study passenger rail service ................................................HR 395 Regional Transportation Plan; express support for projects and programs..................................................................................................HR 1230 Senate; reapportion districts 3 and 6...............................................................................SB 644 Senate; reapportion districts 48 and 56...........................................................................SB 250 State budget; limit growth to gross state product growth - CA......................................HR 5 State budget; limit growth to gross state product growth; excess revenue - CA...........................................................................................HR 46 State funds; use for performance bonuses - CA ............................................................HR 817 State government; executive branch; legislative oversight...........................................HB 150 Stone Mountain Memorial Association; certain contracts; approval..........................HB 224 Supplemental appropriations; FY 1996-97 .....................................................................HB 153 Supplemental appropriations; FY 1996-97 .....................................................................HB 169 Supplemental appropriations; FY 1996-97; amend provisions....................................HB 987 Supplemental appropriations; FY 1997-98 .....................................................................HB 170 Supplemental appropriations; FY 1997-98 ...................................................................HB 1167 Supplemental appropriations; FY 1997-98; Year 2000 computer compliance....................................................................................................HB 1166
Term limits - CA ..................................................................................................................HR 78
Vetoes; reconvene for considering - CA..........................................................................HR 243
Vetoes; reconvene for considering - CA........................................................................HR 1035
Water and Sewerage Authority Overview Committee; create .....................................HB 603
Water resources authority; authorize General Assembly to create - CA...................HR 852

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2831

GENEVA, CITY OF; new charter ................................................................ ..................HB 1882
"GEORGE B. CULPEPPER HIGHWAY"; designate .............................................HR 1031
"GEORGE T. SMITH HIGHWAY"; designate............................................................HR 813
"GEORGE W. ROSS HIGHWAY" ........................................................................................................................HR 215 ...........................................................................................................................SR 251
GEORGIA AND IVORY COAST; declare sister states .................................... .......HR 1004
GEORGIA ARMED FORCES VETERANS MEMORIAL INTERSECTION; designate .......................................................................................HR 1106
GEORGIA BUILDING AUTHORITY "Pete Wheeler Georgia War Veterans Memorial Complex"; designate. ....................HR 996 "Pete Wheeler Georgia War Veterans Memorial Plaza"; designate.... ........................SR 583
GEORGIA BUREAU OF INVESTIGATION (GBI) Bias Crimes Information and Documentation Act; enact ................................... .........HB 842 Concealed weapons; licensure; exempt State Patrol and GBI retirees .......................SB 427 Driving under the influence; chemical tests; amend provisions. .......................... .......HB 964 Firearms; state compliance with Brady Law..................................................................HB 290 Juveniles; fingerprinting; criminal records; amend provisions .....................................SB 421 Open records; law enforcement officers; exempt personal information. ..................HB 1499 Sexually violent predators; registration; release of information ....................................SB 39
GEORGIA CHAPTER OF THE AMERICAN ACADEMY OF PEDIATRICS; invite delegates to House.............................................................HR 992
GEORGIA CITIZENS FOR THE ARTS; commend ................................................ .HR 917
GEORGIA COMMISSION ON WOMEN; invite to House....................................HR 1249
GEORGIA COUNTY WELFARE ASSOCIATION, INC.; commend ..................HR 877
GEORGIA DRUGS AND NARCOTICS AGENCY Commend...........................................................................................................................HR 1409 Invite Bill Atkins and others to House .........................................................................HR 1152
GEORGIA EMERGENCY MANAGEMENT AGENCY; commend ...................HR 1133
GEORGIA FARM BUREAU FEDERATION; invite president to House. ...........HR 836
GEORGIA FIREFIGHTERS; observe 26th annual recognition day ........................HR 946
GEORGIA HORTICULTURE TRADE ALLIANCE Recognize February 3, 1998 ..............................................................................................HR 882
GEORGIA HUMANITIES COUNCIL Invite Dr. Jamil S. Zainaldin to House.........................................................................HR 1069
GEORGIA INSTITUTE OF TECHNOLOGY 1997 football team and coach, George O'Leary; commend ........................................HR 1038
GEORGIA NATIONAL GUARD Declare National Guard Day; invite Major General Bland to House ........................HR 863 117th Air Control Squadron; commend ........................................................................HR 1237
GEORGIA OPTOMETRISTS AND VISION USA; commend............................HR 1132
GEORGIA PEACH FESTIVAL; invite Susan Jordan to House ............................HR 1030
GEORGIA POWER FOUNDATION; commend.......................................................HR 1399

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2832

INDEX

GEORGIA PRESCHOOL ASSOCIATION AND TEACHERS; commend......HR 1286
GEORGIA PUBLIC TELEVISION; recognize ...........................................................HR 878
GEORGIA RECREATION AND PARKS ASSOCIATION Invite representatives to House........................................................................................HR 991
"GERALD H. LEONARD PARKWAY" Designate portion of Georgia Highway 52 ......................................................................HR 955
GILMER COUNTY Board of commissioners; bids .........................................................................................HB 1668 Ellijay-Gilmer County Water and Sewerage Authority; membership ......................HB 1925
GILMER COUNTY DAY AT THE STATE CAPITOL; recognize ......................HR 924
GILMER COUNTY HIGH SCHOOL BAND; invite director to House .............HR 1050
GINGRICH, HONORABLE NEWTON LEROY Invite to House .....................................................................................................................HR 45 Republican United States House of Representatives Speaker Newt Gingrich Act; enact...............................................................................HB 218 U. S. Representative; effect of actions on Kennesaw State University Foundation; remedies.......................................................................HR 115
"GIRLS AND WOMEN IN SPORTS DAY" Recognize February 5, 1998; invite certain female athletes to House............................................................................................................HR 854
GLENN GOOCH BYPASS; designate ...........................................................................HR 994
GLENNVILLE MITE GIRLS 1996 ALL STAR SOFTBALL TEAM; invite to House.............................................................................HR 18
GLOVER, RENEE LEWIS AND THE ATLANTA HOUSING AUTHORITY; commend..............................................................................................HR 1080
GLYNN COUNTY Coastal Regional Aquarium and Maritime Facility Study Commission; create ..............................................................................................SR 185 Homestead exemption; referendum ..................................................................................SB 651 State court clerk; nonpartisan election ............................................................................SB 417 State court solicitor-general; nonpartisan election.........................................................SB 418
GODDARD, MAJOR GENERAL RICHARD N.; invite to House......................HR 1028
GOIZUETA, ROBERTO C.; condolences.......................................................................HR 749
GOLDEN, HONORABLE TIM Commend...........................................................................................................................HR 1461 Communications .....................................................................................................Pages 557, 558
GOLDSTEIN, DR. MARVIN C.; condolences .............................................................HR 918
GORDON COUNTY; convey property............................................................................HR 935
GOVERNOR Communications..................................................................................Pages 4, 5, 6, 14, 18, 2739 Ethics in government; prohibit certain mass mailings .................................................HB 873 Joint session; Governor's budget message ......................................................................HR 727 Joint session; Governor's message; invite Supreme Court Justices and Appeals Court Judges..................................................................HR 729 Joint session; Governor's state of the state message ....................................................HR 728

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2833

GOVERNOR (Continued) Local governments; urge Governor and GEMA to assist in recovery from weather damage..............................................................................HR 1309 Notify Governor; General Assembly convened..............................................................HR 726 Pardons and paroles; limit authority of state board and governor - CA...................HR 721 State government; executive branch; legislative oversight...........................................HB 150 State government; privatization of certain operations; certain notice .......................HB 607 State revenue commissioner; salary determination.......................................................HB 482 Stroke Awareness Month; declare May, 1998; Joint Study Committee on the Impact of Strokes on Georgia's Citizens;.....................HR 1000 Vetoes; General Assembly reconvene for considering - CA .........................................HR 243 Vetoes; General Assembly reconvene for considering - CA.......................................HR 1035
GRAHAM, FAYE BENNETT; commend .....................................................................HR 975
GRANTS Certain students; General Assembly provide educational grants to parents - CA...................................................................................................HR 850 Driver education course; public school grants; income tax credit ............................HB 1530 Education; joint after-school programs for at-risk students; grants............................SB 404 Educational grants; lengthen school year.......................................................................HB 244 Georgia Student Finance Authority; scholarship grants; certain students at North Georgia College...............................................................HB 1552 Grants to Counties for Regional Jail Capital Expenditures Act; enact.....................HB 311 Hospitals; educational grants; restrict funding for certain residents .......................HB 1616 Joint Study Committee on Local Assistance Grants; create ........................................SR 674 Local government; budgets and audits; grant certification........................................HB 1364 Local government; volunteer fire departments; nonprofit corporation.........................SB 30 Lottery grants for education; students earning A's.....................................................HB 1678 Lottery proceeds; grants; certain Department of Children and Youth Services schools ..........................................................................HB 939 Middle school grants; requirements; authorize waiver...............................................HB 1377 Middle schools; eligibility ................................................................................................HB 1428 Quality basic education; merged school systems; equalization grants......................HB 1469 Quality basic education; driver education; media centers; funding; program weights...............................................................................HB 409 Quality basic education; equalization grants; middle school grants; foreign language grants..........................................................................SB 491 Schools; low-wealth capital outlay grants; provisions .................................................HB 1750 Tuition equalization grants; public school students; nonpublic schools ....................HB 136
GRAYSON, BEVERLY ELIZABETH BLOUNT; commend ...............................HR 1396
GREAT JUBILEE YEAR OF 2000; commend........................................................HR 1075
GREATER GWINNETT CHRISTIAN SCHOOL BARONS BASKETBALL TEAMS; commend .........................................................................HR 1262
GREENE COUNTY Board of commissioners; county manager.....................................................................HB 1904 Family connection commission; create ..........................................................................HB 1598
GRIER, REVEREND J. D., JR.; condolences............................................................HR 1085
GRIFFETH, JIM; condolences........................................................................................HR 1435
GRIFFIS, HENRY ELROY; compensate......................................................................HR 956
GRINER, LAUREN; commend ......................................................................................HR 1135
GROVETOWN, CITY OF; new charter...........................................................................SB 564

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2834

INDEX

GUARDIAN AND WARD Agency; power of attorney; termination clarification.....................................................SB 183 Durable power of attorney for health care; appointment of guardian........................SB 184 Incapacitated adults; emergency guardians; health care facilities; certain consent for admission or discharge........................................SB 549 Incapacitated adults; legal rights concerning guardianship contract ..........................SB 181 Incapacitated adults; notice of evaluation.......................................................................SB 179 Incapacitated adults; physicians and psychologists .........................................................SB 37 Juvenile proceedings; deprivation cases; appointment of counsel or special advocate.....................................................................................HB 1288 Minors; temporary guardians; notice of dissolution.......................................................SB 180 Pre-1998 Probate Code; designate; Revised Probate Code of 1998; designate and amend ..........................................................................HB 1226 Probate court judge; custodian of certain funds for certain minors; distribution ...........................................................................................SB 655
GUTHRIE, BISHOP NEALON; commend ................................................................HR 1040
GUY, WANDA; commend ..................................................................................................HR 798
GUY'S AUTOMOTIVE; compensate ..............................................................................HR 733
GWINNETT COUNTY Assistant county administrators; probate judge appoint...............................................SB 136 Board of commissioners; compensation ...........................................................................SB 583 Certain county officers; compensation ..........................................................................HB 1869 Chief magistrate; compensation .....................................................................................HB 1868 Convey property..................................................................................................................HR 935 Homestead exemption; certain residents .........................................................................SB 708 Hospital authority; vacancies..........................................................................................HB 1874 Juvenile court judge; compensation...............................................................................HB 1867 Lease property.....................................................................................................................HR 953 Library system; urge board of commissioners take certain action .............................HR 343 Merit system; board members ........................................................................................HB 1821 Prohibit certain discrimination ......................................................................................HB 1806 Prohibit use of public funds for medical exams ..........................................................HB 1924 Recorder's court; certain officials; compensation ........................................................HB 1871 State court judges and solicitor; compensation ...........................................................HB 1870
GWINNETT JUDICIAL CIRCUIT Addjudge.............................................................................................................................HB 305 Addjudge................................................................................................................................SB 77

H

HABEAS CORPUS Attorney general; provision of counsel; certain correctional officials.........................HB 686 Judicial Budget Administration Act of 1998; enact ....................................................HB 1617 Prohibit use as certain challenge - CA..............................................................................HR 32
HABERSHAM COUNTY Board of commissioners; membership ...........................................................................HB 1695 State court judge and solicitor; compensation ...............................................................HB 727
HAGAN, CITY OF Mayor and council; staggered terms..............................................................................HB 1573 Mayor and council; staggered terms ..............................................................................HB 1618
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2835

HALL COUNTY Distribution of certain tax...............................................................................................HB 1785 Homestead exemption; certain residents ......................................................................HB 1624 Northeastern Judicial Circuit; district attorney; salary supplement........................HB 1841 Northeastern Judicial Circuit; superior court judges; salary supplement............................................................................................HB 1840 Sales tax distribution for education .................................................................................SB 502 Sales tax distribution for education .................................................................................SB 646
HALL, SANDRA M.; commend .....................................................................................HR 1389
HAM, GERALDINE G Commend...........................................................................................................................HR 1418 Invite to House ...................................................................................................................HR 617
HAMILTON, GRACE TOWNS Honor life of; invite biographers to House...................................................................HR 1186
HAMRICK, ROBERT H.; commend ............................................................................HR 1020
HANCOCK CENTRAL HIGH SCHOOL LADY BULLDOGS BASKETBALL TEAM; commend ............................................................................HR 1359
HANCOCK COUNTY Board of commissioners; compensation.........................................................................HB 1820 Board of elections and registration; create.....................................................................HB 976 Convey property ..................................................................................................................SR 560
HANCOCK, DR. S. ANNE; commend .........................................................................HR 1247
HANCOCK, RALPH; commend.......................................................................................HR 845
"HAND IN HAND" PROGRAM; commend ................................................................HR 980
HANDICAPPED PERSONS Absentee ballots; apply once yearly.................................................................................HB 815 Access to public facilities; exempt religious organizations.........................................HB 1797 Aged and Disabled Transportation Task Force; re-create ...........................................HR 483 Basic Bathroom Standards Act of 1998; enact ............................................................HB 1277 Blind vendors; guide dogs on vending premises; housing for blind or deaf persons; service capuchin monkeys.................................HB 714 Certain disabled veterans; courtesy nonresident fishing license..................................SB 649 Certain veterans; courtesy nonresident fishing license; fishing location operators; liability ............................................................................HB 1633 Communications officers and dispatch centers; training in telecommunications devices for the deaf ................................................HB 812 Counties and municipalities; disability commissions; establish ...................................SB 383 Driver's license and identification card; fingerprinting; prohibit....................................HB 5 Driver's license and identification card; fingerprinting; prohibit..................................HB 48 Driver's license and identification card; fingerprinting; prohibit..................................HB 53 Driver's license and identification card; fingerprinting; prohibit................................HB 247 Driver's license and identification card; fingerprinting; prohibit...............................HB 303 Driver's license and identification card; fingerprinting; prohibit ....................................SB 2 Driver's license and identification card; fingerprinting; prohibit; destroy certain records ....................................................................................HB 25 Driver's license and identification card; fingerprinting; prohibit; destroy certain records ....................................................................................HB 29 Driver's license and identification card; renewal by mail ............................................HB 350 Emission inspections; exempt certain vehicles...............................................................HB 577 Game and fish; amend provisions ..................................................................................HB 1352 Guardians; incapacitated adults; physicians and psychologists .....................................SB 37

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2836

INDEX

HANDICAPPED PERSONS (Continued) Homestead exemption; certain permanently disabled veterans..................................HB 951 Hunting; crossbow permits..............................................................................................HB 1532 Income tax credit; certain homes with accessibility features ....................................HB 1621 Income tax; exemptions; deductions; withholding allowances ...................................HB 1162 J. William Fulbright Educational Exchange Program; participation; provisions..............................................................................................HB 1185 Joint Subsequent Injury Trust Fund Study Committee; create.................................HR 257 License plates and decals; non-wartime disabled veterans; provide free...................HB 550 Long Term Care Choice Act of 1997; enact ...................................................................HB 512 Mentally retarded; disability services; guidelines for waiting lists.............................HB 970 Parking permits issued to institutions..............................................................................HB 72 Public transit; prohibit certain conduct...........................................................................SB 444 Rights; service capuchin monkeys....................................................................................HB 351 Special license plates; decals; certain handicapped persons ........................................HB 435 Special license plates; Shrine hospitals for disabled children .....................................HB 723 Special license plates; United States Disabled Athletes Fund; fees and costs.....................................................................................HB 1538 Speculative private residences; provisions ......................................................................HB 514 State Use Council; required procurement; exempt certain interpreters..................HB 1345 Temporary assistance for needy families; disabled children; extend to age 22 ...........................................................................................HB 1652 Tollways; exempt certain disabled persons ....................................................................HB 376 Unfair business practices; telemarketing; Internet activities; home repair....................................................................................................HB 709 Warrantless arrests; abuse of vulnerable adult; provisions...........................................SB 159 Wheelchairs; sales tax exemption...................................................................................HB 1558
HAPEVILLE, CITY OF; corporate limits....................................................................HB 1886
HARALSON COUNTY; hospital authority; members...............................................HB 1850
HARD CIDER; defme.......................................................................................................HB 1180
HARDIN, JIM; commend ................................................................................................HR 1330
HARKINS, JAYNE AND LEONARD; commend ...................................................HR 1420
HARRELL, JIMMY W.; compensate..............................................................................HR 786
HARRIS COUNTY Board of education; compensation.................................................................................HB 1669 Chattahoochee Judicial Circuit; superior court judges; supplement...........................SB 584 Probate judge; salary supplement..................................................................................HB 1399 Sheriff; salary supplement...............................................................................................HB 1397 Superior court clerk; salary supplement .......................................................................HB 1400 Tax commissioner; salary supplement...........................................................................HB 1398
HARSHBARGER, RAY Z., SR.; condolences.............................................................HR 1459
HART COUNTY Industrial development authority; amend provisions.................................................HB 1817
HARTZOG, CHARLES Commend.............................................................................................................................HR 913 Commend...........................................................................................................................HR 1162
HARVEY R. GREENE BRIDGE; designate ................................................................HR 344
HAWKINS, B. L.; condolences........................................................................................HR 1058

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2837

HAWKINSVILLE, CITY OF "Shoot the Bull" barbecue championship; official state barbecue championship cookoff..........................................................................HB 616
HAYES, JAMES A.; compensate .....................................................................................HR 789
HAZARDOUS SUBSTANCES Buildings and housing; lead-based paint; prohibit renting or leasing........................HB 580 Certain radioactive material; regulate transportation.................................................HB 1289 Childhood Lead Exposure Control Act; enact .............................................................HB 1888 Community Right-to-Know Act; enact............................................................................HB 384 Environmental Justice Act of 1997; enact ......................................................................HB 385 Lead abatement on person's property; amend provisions.............................................SB 481 Lead Poisoning Prevention Week; recognize third week in August ...........................HR 415 Lead Poisoning Prevention Week; recognize third week in July................................HR 467 Natural Resources, Department of; exemption of certain property from liability....................................................................................HB 1813 Transportation; spent nuclear fuel and radioactive waste; Public Service Commission regulate................................................................HB 646 Underground storage tanks; prohibit regulated substances.........................................HB 647 Violations; allow Environmental Protection Division to settle.................................HB 1258
HEADLEY, WILLIAM V.; commend...........................................................................HR 1374
HEALTH Acupuncturists; registration by Department of Human Resources............................HB 145 Adulterated or misbranded food; penalties; detention or embargo notices........................................................................................................HB 1209 Advisory Committee on Pain and Symptom Management; create..............................SB 670 Amend provisions...............................................................................................................HB 683 Automated external defibrillators; provide for easier public access............................SB 566 Boxing; regulation; State Boxing Commission...............................................................HB 396 Brandon Act; enact...............................................................................................................HB 43 Certificate of need; amend provisions; Indigent Care Trust Fund.............................HB 373 Certificate of need; certain home health agency services; exempt............................HB 1524 Certificate of need; exempt certain hospitals.................................................................HB 135 Certificate of need; exempt certain nursing facilities...................................................HB 945 Certificate of need; exempt certain skilled nursing facilities ....................................HB 1537 Certificate of need; exempt home health agencies ........................................................HB 162 Certified Professional Midwifery Act; enact..................................................................HB 475 Child support arrearages; recovery; workers' compensation settlements...................HB 698 Childhood Lead Exposure Control Act; enact .............................................................HB 1888 Chlamydia screening test; insurance coverage .............................................................HB 1565 Civil practice; request for nonparty health care records; notice.................................HB 395 Clinical laboratories; examination of human specimens; quality assurance program .............................................................................................SB 560 Counties and municipalities; certain appropriations; require referendum.........................................................................................................HB 552 County boards of health; membership; school superintendent or designee .........................................................................................HB 1376 County boards of health; membership; school superintendent or designee ...............SB 666 Durable power of attorney for health care; appointment of guardian........................SB 184 Education; preenrollment of 2-year-olds; immunizations...........................................HB 1072 Elections; early voting provisions.....................................................................................HB 544 Emergency medical treatment; attempted suicide...........................................................SB 36 Essential Rural Health Care Provider Access Act; enact...........................................HB 1798 Essential Rural Health Care Provider Access Act; enact; joint county and municipal hospital authorities.............................................SB 594

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2838

INDEX

HEALTH (Continued) Firefighters, emergency medical technicians, and public safety officers; hepatitis C protection; law enforcement officers; certain records.........................................................................HB 1410 Food; safe handling; Department of Human Resources establish course of instruction ....................................................................................HB 1171 Fulton County; board and department of health; rename.........................................HB 1412
Geriatrics; encourage creation of graduate medical education curricula..........................................................................................................SR 587
Health Care Act; enact ......................................................................................................HB 386 Health Care Authorities Law; enact ..............................................................................HB 1101
Health records; governmental entities furnish to employees........................................SB 599 Health records; rights of unemancipated minors ........................................................HB 1339
Homestead exemption; person absent for health reasons; continue to receive ........................................................................................HB 1174
Hospital authorities; certain certified audits; remove requirement..........................HB 1222
Hospital authorities; nonparticipation in certain program; prohibit state funds.......................................................................................HB 859
Hospital authorities; prohibition of state funds..............................................................HB 65 Hospital authorities; sale of hospitals; use of proceeds..............................................HB 1682
Hospital authorities; sale or lease of health care facility; public hearing ....................................................................................................SB 220
Hospitals; certain acquisitions and dispositions; amend provisions.........................HB 1727
Hospitals; certain drugs; require availability ...............................................................HB 1319 Hospitals; denial of staff privileges; exclude certain doctors.....................................HB 1156 Hospitals; educational grants; restrict funding for certain residents.......................HB 1616
Hospitals; prohibit denial of certain staff privileges......................................................SB 138 House 911 Systems Funding Study Committee; create................................................HR 488 House Ovarian Cancer Study Committee; create........................................................HR 1251
House Study Committee on Early Childhood Immunization; create.........................HR 609 Human cloning; prohibit; penalties................................................................................HB 1508
Incapacitated adults; emergency guardians; health care facilities; certain consent for admission or discharge ................................................SB 549
Infectious and communicable diseases; certain harm reduction programs; authorize studies.......................................................................HB 1007
Insurers; payment for certain procedures; prohibit denial...........................................HB 266
Lead abatement on person's property; amend provisions.............................................SB 481 Liver Awareness Month; designate May, 1998 ...............................................................SR 592 Long Term Care Choice Act of 1997; enact ...................................................................HB 512
Medical consent; certain test results; timely notification ............................................HB 332 Mental health; certain services; repeal automatic repealer........................................HB 1131 Motor vehicle insurance; medical payments coverage ...................................................SB 224
Nursing homes and intermediate care homes; staffing plans......................................HB 176 Osteoporosis; insurance coverage; patient education..................................................HB 1086 Paramedics; cardiac technicians; certification and recertification...............................SB 543
Patient Access to Responsible Care Act of 1997; urge congress pass ......................HR 1310 Patient medical records; maximum copy fee; time limit for furnishing ..................HB 1586
Patient records; personal representative obtain ..........................................................HB 1115 Personal care homes; change name to assisted living facilities...................................HB 287 Personal injury victims; unsolicited contact by attorneys; prohibit...........................HB 962
Prenatal Care Act of 1998; enact ...................................................................................HB 1602 Psychologists; prescription of drugs; amend provisions..............................................HB 1583
Sales tax; exempt blood glucose level measuring strips.............................................HB 1656 Sales tax; exempt organ banks and procurement facilities........................................HB 1132 Septic systems; placement by counties.........................................................................HB 1113
Specimen collection stations; list of fees; post notice.................................................HB 1276
State plan of medical assistance; modification or waivers; requirement ....................................................................................................HB 1179

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2839

HEALTH (Continued) Stroke Awareness Month; declare May, 1998; Joint Study Committee on the Impact of Strokes on Georgia's Citizens; create.....................HR 1000 Transportation; spent nuclear fuel and radioactive waste; Public Service Commission regulate................................................................HB 646 Worldwide Cancer Prayer Day; urge observance...........................................................HR 872
"HEALTH CARE FOR RURAL AND UNDERSERVED GEORGIANS DAY"; recognize ..................................................................................HR 1081
HEALTH INSURANCE Athletic trainers; reimbursement .....................................................................................HB 561 Availability and portability; newly born and adopted children; ob-gyn provider access ...................................................................HB 233 Blue Cross and Blue Shield of Georgia; urge certain investigation..........................HR 1195 Breast Cancer Patient Care Act; enact ............................................................................SB 431 Certain medical benefits; reimbursement .......................................................................HB 553 Certain policies; coverage of mental disorders.............................................................HB 1575 Children's cancer treatment; coverage of certain costs for clinical trials .....................................................................................................SB 603 Children's Health Insurance Plan Act; enact...............................................................HB 1787 Corporations; certain contracts with state; ineligibility..............................................HB 1303 County officers and employees; election of health plans; amend provisions..................................................................................................SB 485 Coverage; chlamydia screening test ...............................................................................HB 1565 Coverage; include contraceptives....................................................................................HB 1643 Coverage; newborn or adopted child; women's access; conversion ..............................SB 665 Coverage; retired public school employees ...................................................................HB 1273 Diabetes related coverage.....................................................................................................SB 55 Diabetes treatment and equipment.................................................................................HB 281 Direct payment to health care provider for services......................................................SB 526 Discrimination against abuse victims; prohibit............................................................HB 1479 Discrimination against domestic abuse victims; prohibit...........................................HB 1275 Essential Rural Health Care Provider Access Act; enact...........................................HB 1798 Essential Rural Health Care Provider Access Act; enact..............................................SB 594 Fairness in Health Care Act; enact..................................................................................HB 270 Georgia Workers' Compensation Uninsured Employers' Trust Fund Act; enact .................................................................................................HB 1864 Gynecological exam for ovarian cancer; require coverage ..........................................HB 1120 Health Care Act; enact ......................................................................................................HB 386 Health Care Study Commission; create ..........................................................................HR 364 Health maintenance organizations; allow marketing to Medicaid recipients..................................................................................................HB 1326 Health maintenance organizations; allow marketing to Medicaid recipients...................................................................,........,.....................HB 1408 Health maintenance organizations; disclosure; payments to provider .......................HB 108 Health maintenance organizations; service by other provider; failure to provide certain care .....................................................................HB 106 Health plan purchasing cooperatives; authorize ............................................................HB 235 Health plans; exemption from state standards; urge Congress reject legislation ..................................................................................HR 1278 Health plans; exemption from state standards; urge Congress reject legislation .....................................................................................SR 766 Income tax credit; certain long-term care insurance.....................................................HB 518 Income tax credit; self-employed persons.......................................................................HB 726 Income tax deduction; self-employed ............................................................................HB 1116 Insurance identification cards; certain health care policies.......................................HB 1056 Medical benefits; reimbursement in certain cases...........................................................HB 35

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2840

INDEX

HEALTH INSURANCE (Continued) Medical Care Savings Account and Trust Act; enact....................................................SB 279 Mental disorders; amend provisions.................................................................................SB 245 Mental disorders; coverage of treatment .........................................................................SB 620 Obesity Anti-discrimination Act; enact............................................................................SB 490 Osteoporosis; insurance coverage; patient education..................................................HB 1086 Ovarian cancer diagnostic studies; urge coverage........................................................HR 1093 Patient Access to Responsible Care Act of 1997; urge Congress pass .....................HR 1310 Patient Protection Act; amend provisions ......................................................................HB 184 Payment for certain procedures; prohibit denial...........................................................HB 266 PeachCare for Kids Act; enact..........................................................................................SB 410 Sales tax exemption; blood glucose level measuring strips ........................................HB 1105 State employees; certain appeals; payroll review; certain state health benefit plan coverage ................................................................HB 1423
State employees' health insurance plan; include certain county officers......................................................................................................HB 52
State employees' health insurance plan; Sheriffs' Retirement employees.................HB 466
State health insurance system; General Assembly provide by general law - CA.........................................................................................HR 172
Surviving or divorced spouse; amend provisions ...........................................................HB 720 Torts; health benefits plan; administrator exercise
ordinary diligence.........................................................................................................HB 1269 Unfair Claims Settlement Practices Act; change certain definition...........................HB 597 Uninsured employers trust fund; authorize creation - CA.........................................HR 1188
HEALTH MAINTENANCE ORGANIZATIONS Certain contracts; prohibit hold harmless clause........................................................HB 1356 Certain medical benefits; reimbursement.......................................................................HB 553 Certain policies; coverage of mental disorders.............................................................HB 1575
Children's cancer treatment; coverage of certain costs for clinical trials.....................................................................................................SB 603
Children's Health Insurance Plan Act; enact...............................................................HB 1787 Corporations; certain contracts with state; ineligibility..............................................HB 1303 County officers and employees; election of health
plans; amend provisions..................................................................................................SB 485 Coverage; chlamydia screening test ...............................................................................HB 1565 Coverage; retired public school employees ...................................................................HB 1273 Diabetes related coverage.....................................................................................................SB 55 Diabetes treatment and equipment .................................................................................HB 281 Direct payment to health care provider for services......................................................SB 526 Disclosure; payments to provider.....................................................................................HB 108 Discrimination against abuse victims; prohibit............................................................HB 1479 Discrimination against domestic abuse victims; prohibit...........................................HB 1275 Essential Rural Health Care Provider Access Act; enact...........................................HB 1798 Fairness in Health Care Act; enact..................................................................................HB 270 Georgia Workers' Compensation Uninsured Employers'
Trust Fund Act; enact .................................................................................................HB 1864 Health Care Act; enact ......................................................................................................HB 386 Health Care Study Commission; create ..........................................................................HR 364 Health insurance; coverage include contraceptives .....................................................HB 1643 Health insurance; gynecological exam for ovarian
cancer; require coverage...............................................................................................HB 1120 Health insurance; mental disorders; coverage of treatment .........................................SB 620 Health plan purchasing cooperatives; authorize ............................................................HB 235 Health plans; exemption from state standards;
urge Congress reject legislation ..................................................................................HR 1278 Health plans; exemption from state standards;
urge Congress reject legislation .....................................................................................SR 766

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2841

HEALTH MAINTENANCE ORGANIZATIONS (Continued) Hospital authorities; nonparticipation in certain program; prohibit state funds.......................................................................................HB 859 Insurance identification cards; certain health care policies.......................................HB 1056 Managed care; 24-hour toll-free authorization number................................................HB 562 Marketing to Medicaid recipients; allow.......................................................................HB 1326 Marketing to Medicaid recipients; allow.......................................................................HB 1408 Medical Care Savings Account and Trust Act; enact....................................................SB 279 Obesity Anti-discrimination Act; enact............................................................................SB 490 Osteoporosis; insurance coverage; patient education ..................................................HB 1086 Ovarian cancer diagnostic studies; urge coverage........................................................HR 1093 Patient Access to Responsible Care Act of 1997; urge Congress pass .....................HR 1310 Patient Protection Act; amend provisions......................................................................HB 184 Service by other provider; failure to provide certain care ...........................................HB 106 Torts; health benefits plan; administrator exercise ordinary diligence.........................................................................................................HB 1269 Unfair Claims Settlement Practices Act; change certain definition...........................HB 597 Uninsured employers trust fund; authorize creation - CA.........................................HR 1188 Workers' compensation; employer substitute managed care organization for physician...................................................................................HB 1591
HEARD COUNTY Board of commissioners; compensation.........................................................................HB 1758 Coweta Judicial Circuit; judges; salary supplements .....................................................SB 677
HEARD, R. G.; compensate................................................................................................HR 787
HEARING AND HEARING AIDS (Also, see Handicapped Persons) Communications officers and dispatch centers; training in telecommunications devices for the deaf................................................................HB 812 Deaf persons; housing accommodations; service capuchin monkeys..........................HB 714 Handicapped persons; rights; service capuchin monkeys.............................................HB 351 State Use Council; required procurement; exempt certain interpreters..................HB 1345
HEART OF GEORGIA ARMED FORCES VETERANS MEMORIAL INTERSECTION Designate............................................................................................................................HR 1193 Urge Department of Transportation to name..............................................................HR 1308
HENDRIX, JACKIE AND MEMBERS OF PHARR ELEMENTARY SCHOOL CHORUS; commend .................................................HR 1395
HENRY COUNTY Henry Judicial Circuit; salary supplements...................................................................HB 565 Judicial circuits; Henry; create; Flint; amend................................................................HB 563 Stata court; create...............................................................................................................SB 709
HENRY, DONNIE; compensate .......................................................................................HR 144
HENRY JUDICIAL CIRCUIT Create...................................................................................................................................HB 563 Salary supplements.............................................................................................................HB 565
HENSON, JOHN; commend ...........................................................................................HR 1025
HERMAN GRADY WILCOX ROAD; recognize honorary designation..................HR 904
HERTY FOUNDATION Sales tax; exempt sales to public foundations .............................................................HB 1544
HIGHWAYS, BRIDGES, AND FERRIES Adolph C. Johnson Road; recognize honorary designation ........................................HR 1201

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2842

INDEX

HIGHWAYS, BRIDGES, AND FERRIES (Continued) Adolph C. Johnson Road; recognize honorary designation........................................HR 1303 Ben Jessup Bridge; urge designation by Department of Transportation..................HR 611 "C. W. Bradley Highway", "Floyd Hulett-Monroe Steelman Memorial Bridge", and "Will Ross-Charlie Wilson Memorial Bridge"; designate .........................................................................HR 1101 Cadwell, S. C.; commend; urge Department of Transportation to name road......................................................................................HR 1311 Captain Henry Will Jones Bridge; designate .................................................................HR 424 Charles A. Pannell, ST., Highway; designate................................................................HR 1102 Charles D. Coley Road; recognize honorary designation..............................................HR 901 Clarence A. Ellis Road; recognize honorary designation..............................................HR 899 Claude F. Vaughn Road; recognize honorary designation..........................................HR 1239 Clifford Ward Wildes Road; recognize honorary designation......................................HR 903 Clifford Ward Wildes Road; recognize honorary designation....................................HR 1296 Commercial driveways; future purchase by Department of Transportation at permit amount .........................................................................HB 1590 Condemnation procedures; amend provisions ................................................................HB 155 Corporal Ivey J. Hayes; recognize honorary designation............................................HR 1299 Corporal Wherry L. "Dub" Abercrombie Memorial Bridge; designate......................HR 486 Corporal Wherry L. "Dub" Abercrombie Memorial Bridge; urge Department of Transportation to name.............................................................HR 621 Cpl. William Harval Benton Bridge; recognize honorary designation .......................HR 896 Curtis Lee Marion Bridge; designate...............................................................................HR 855 Curtis Lee Marion Bridge; recognize honorary designation ......................................HR 1340 David Nipper Memorial Bridge; designate......................................................................SR 613 David P. Ridgeway Bridge; designate .............................................................................HR 847 "Davis Love III Highway"; designate ............................................................................HR 1097 Delmus Carter Highway; designate................................................................................HR 1194 Delmus Carter Highway; recognize honorary designation..........................................HR 1297 Dewey D. Rush Highway, Clinton Oliver Highway, and Romie Waters Highway; designate ..............................................................................HR 812 Don Saggus, Jr., Memorial Bridge; designate..............................................................HR 1154 Donald R. Johnson Road; recognize honorary designation..........................................HR 897 Donald Ridley Bridge; designate....................................................................................HR 1029 "Dr. Deryl Hart Road"; designate ....................................................................................SR 490 "Duane Allman Boulevard"; "Raymond Berry Oakley III Bridge"; designate..........SR 653 E. Z. Williams Road; recognize honorary designation ..................................................HR 916 Emergency motorist aid call boxes; place along Interstate 75 ....................................HB 480 Eminent domain; condemnation; compensation not subject to taxation...................HB 680 Erosion and sedimentation; certain local assistance road projects; Department of Transportation address .............................................HB 895 "Evelyn S. Wade Highway"; designate ..............................................................................SR 48 Federal highway trust funds; express consensus regarding Georgia's share ............................................................................................HR 1032 "Floyd Hulett-Monroe Steelman Memorial Bridge"; designate................................HR 1173 Frank S. Boatright Road; recognize honorary designation ........................................HR 1207 Frank S. Boatright Road; recognize honorary designation ........................................HR 1300 "George B. Culpepper Highway"; designate ................................................................HR 1031 "George T. Smith Highway"; designate ..........................................................................HR 813 "George W. Ross Highway"; designate ...........................................................................HR 215
"George W. Ross Highway"; designate ............................................................................SR 251
"Gerald H. Leonard Parkway"; designate portion of Georgia Highway 52...............HR 955
Glenn Gooch Bypass; designate........................................................................................HR 994
Harvey R. Greene Bridge; designate ...............................................................................HR 344
Heart of Georgia Armed Forces Veterans Memorial Intersection; designate .................................................................................................HR 1193

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2843

HIGHWAYS, BRIDGES, AND FERRIES (Continued)
Heart of Georgia Armed Forces Veterans Memorial Intersection; urge Department of Transportation to name ...................................HR 1308
Herman Grady Wilcox Road; recognize honorary designation....................................HR 904 High occupancy vehicle lanes; single-occupant vehicle use ...........................................HB 50 Highways; contracts for surveying and deed preparation; powers............................HB 1747 Highways; Department of Transportation and municipalities; powers.......................SB 641 Hubert Ervin "H. E." Hobbs Highway; designate ......................................................HR 1189 Hugh Alton Carter Bridge; designate...............................................................................SR 655 "Hugh L. Logan Interchange"; designate ............................................................................SR 9
Indemnification; state highway employees .....................................................................HB 368 Indemnification; state highway employees ......................................................................SB 117
Indemnification; state highway employees - CA............................................................HR 171 Indemnification; state highway employees - CA ..............................................................SR 64 Inmates; use of leg chains; provisions .............................................................................HB 404 Interstate exits; urge Department of Transportation
change marking system..................................................................................................HR 470
James C. Rigdon Road; recognize honorary designation..............................................HR 900 James M. Lee Road; recognize honorary designation.................................................HR 1202 James M. Lee Road; recognize honorary designation.................................................HR 1306
Jimmy R. Turner Road; recognize honorary designation.............................................HR 907 John D. Waters Road; recognize honorary designation................................................HR 905 John R. Pierce Road; recognize honorary designation .................................................HR 902 Johnny Wheeler Bridge; designate ..................................................................................HR 860
Johnny Wheeler Bridge; recognize honorary designation ..........................................HR 1298 Joint Highway Safety Study Committee; create .........................................................HR 1066 Joseph H. Williams Road; recognize honorary designation.........................................HR 906
L. Carlton Gill Highway; designate ...............................................................................HR 1225 "Lacoda Trail Memorial Parkway"; designate Georgia Highway 334........................HR 292
Lanford Nathan Taylor Road; recognize honorary designation................................HR 1302 Larry McDonald Memorial Highway; designate..........................................................HR 1098 "Lauren 'Bubba' McDonald Parkway"; Veterans'
Memorial Parkway; designate.....................................................................................HR 1054
Length of vehicles and loads; amend provisions ............................................................SB 272 Length of vehicles and loads; tandem trailers; warning signs.....................................HB 991
Limousine carriers and passenger vans; regulations .....................................................HB 285 Litter; definition; include cigarette butts .......................................................................HB 248 MARTA; board of directors; appointments; terms ........................................................SB 315
MARTA; certain reserve funds; authorize investments..............................................HB 1219 MARTA; contracts; amend provisions ............................................................................HB 666
MARTA; contracts; amend provisions ..........................................................................HB 1094 Mass transportation services; contract provisions;
counties and municipalities...........................................................................................HB 236
Matthew A. Towery Bridge; designate..........................................................................HR 1111
Motor fuel excise tax; state increase to offset federal decrease ..................................HB 365 Motor fuel tax; levy and rate; amend provisions.............................................................HB 76
Motor vehicles; lighted headlights; when required........................................................HB 328 Odis Tanner Road; recognize honorary designation ...................................................HR 1304 Office of Highway Safety; certain employees; peace officers.......................................HB 685 Outdoor advertising; roadside enhancement and
beautification; council and fund....................................................................................SB 337 Outdoor advertising; signs near certain public
facilities or interstate highways; restrictions; exception.........................................HB 1304 Pearl Harbor Memorial Highway; designate ................................................................HR 1092
Pedestrians; right of way in crosswalk; motorist penalty...........................................HB 1239 Pfc Clarence Loman Gaskins Memorial Bridge; designate..........................................HR 485 Pfc Clarence Loman Gaskins Memorial Bridge; urge
Department of Transportation to name .....................................................................HR 620

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2844

INDEX

HIGHWAYS, BRIDGES, AND FERRIES (Continued) Pfc James Robert Googe Memorial Bridge; designate .................................................HR 484 Pfc James Robert Googe Memorial Bridge; urge Department of Transportation to name............................................................................................HR 622 Pfc Winford R. Boatright Road; recognize honorary designation..............................HR 895 Public transit; prohibit certain conduct...........................................................................SB 444 R. A. Olsteen Road; recognize honorary designation....................................................HR 898 Radar; amend provisions...................................................................................................HB 363 Radar; require employment of certified peace officers...............................................HB 1738 Radar; speeding in school zone; admissibility..............................................................HB 1203 Railroad crossings; failure to permit safe passage of traffic......................................HB 1015 "Reddish-Warren Bypass"; designate portion of Highway 23.....................................HR 741 Regional Transportation Plan; express support for projects and programs..................................................................................................HR 1100 "Reverend Charles Walter Hayes Memorial Highway"; "Reverend Charles Walter Hayes Memorial Bridge"; designate .............................SR 252 Riverstone Parkway; designate portion of Ball Ground Highway ..............................HR 482 Roadside enhancement and beautification fund; General Assembly provide - CA...................................................................................................SR 559 Robert Milton Lee Road; recognize honorary designation.........................................HR 1206 Robert Milton Lee Road; recognize honorary designation.........................................HR 1305 Roscoe Collins Drive and "Ted Hudson Highway"; designate..................................HR 1095 Roy Lovett Carter Road; recognize honorary designation ...........................................HR 894 Sales tax exemption; certain motor fuels..........................................................................HB 81 Sergeant J. D. "Eddie" Miles Bridge; designate............................................................HR 859 Sergeant J. D. "Eddie" Miles Bridge; recognize honorary designation ...................HR 1342 "Ted Hudson Highway"; designate ...............................................................................HR 1171 "The Captain Bobbie Brown Highway"; designate portion of Highway 19..............HR 931 Titus Lavon Altman Road; recognize honorary designation......................................HR 1203 Titus Lavon Altman Road; recognize honorary designation......................................HR 1295 Tollways; exempt certain disabled persons ....................................................................HB 376 "Tom Coleman Highway"; "Mack Mattingly Highway"; designate............................SR 648 "Tommy Irvin Parkway"; designate .................................................................................SR 639 Transportation definitions; include bicycles and rail service ......................................HB 623 Transportation definitions; include bicycles and rail service .......................................SB 145 Transportation, Department of; certain rest area and information center in Cobb County...................................................................HB 1802 Transportation, Department of; certain rest area and information center in Cobb County......................................................................SB 693 Transportation, Department of; enforcement officers; powers..................................HB 1128 Transportation, Department of; opposition to certain projects; limit actions......................................................................................HB 1361 Transportation, Department of; Vehicle Safety and Inspection Division; create ............................................................................................HB 735
Transportation, State Board of; authority to name certain roads..............................HB 158
Transportation, State Board of; public hearings; requirement.................................HB 1245
Uniform rules of the road; central turn lane..................................................................HB 316
Vehicle weights and loads; permits for excess weight and dimensions; amend provisions...............................................................................HB 848
Vickie E. Bell Memorial Bridge; designate.....................................................................HR 844
"W. W. Fincher, Jr., Parkway"; designate......................................................................HR 954
Weight of vehicles and loads; granite; load limits.......................................................HB 1453
Weight of vehicles and loads; limits; truck routes ......................................................HB 1470
"Will Ross-Charlie Wilson Memorial Bridge"; designate...........................................HR 1173
William "Billy" Shaw Abney Memorial Highway, L. Carlton GiU Highway, Hubert Ervin "H. E." Hobbs Highway, Dr. J. A. Griffith Commemorative Bridge, Holly Michials Memorial Bridge, Betty Porter Field Memorial Bridge, S. C. Cadwell Road, Georgia Armed Forces Veterans Memorial Intersection; designate...............................................................................HR 1106

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2845

HIGHWAYS, BRIDGES, AND FERRIES (Continued) William E. Young Road; recognize honorary designation..........................................HR 1205 William E. Young Road; recognize honorary designation..........................................HR 1341 William Jackson "Moogie" Lee Highway; designate...................................................HR 1034 Winford R. Boatright Highway; recognize honorary designation .............................HR 1204 Winford R. Boatright Highway; recognize honorary designation .............................HR 1301 Woodstock Centennial Parkway; designate....................................................................HR 434
HILDRETH, DR. ETHAN J. D.; commend...............................................................HR 1011
HINSON, BECCA;commend..........................................................................................HR 1345
HMONG AND LAO SOLDIERS Legal immigrants; urge President and Congress grant citizenship..............................SR 474
HOG FARMING Water resources; animal feeding operations; moratoria..............................................HB 1848 Water resources; animal feeding operations; regulate.................................................HB 1265
HOLCOMB, CHARLES "ED"; commend ...................................................................HR 1257
HOLDER, JACKIE; commend .........................................................................................HR 981
HOLLAND, HONORABLE RAY; communication...................................................Page 949
HOLLIDAY, COACH COOK; commend .....................................................................HR 1413
HOLLIS, DR. MARK DEXTER; condolences...........................................................HR 1351
HOLLIS, KEITH; commend .............................................................................................HR 972
HOLLY MICHIALS MEMORIAL BRIDGE; designate .......................................HR 1106
HOME BUILDERS ASSOCIATION OF MIDWEST GEORGIA; commend.HR 1221
"HOME EDUCATION WEEK" Declare first week in February .......................................................................................HB 1280 Declare first week in February .......................................................................................HB 1450
HOMELAND, CITY OF; corporate limits ...................................................................HB 1733
HOMELESS Elections; registration of homeless voters; provide .....................................................HB 1177 House Study Committee on Homelessness in Georgia; create......................................HR 20
HOMESTEAD EXEMPTION Ad valorem tax; certain senior citizens .........................................................................HB 1314 Ad valorem tax; senior citizens.......................................................................................HB 1312 Additional qualification; recording of deed..................................................................HB 1474 Certain permanently disabled veterans...........................................................................HB 951 Certain waivers; applicable until property filed ............................................................HB 551 County boards of tax assessors; certain duties ............................................................HB 1698 Filing deadline...................................................................................................................HB 1464 Filing deadlines; amend provisions ................................................................................HB 1514 Homestead option sales and use tax; General Assembly provide by general law - CA .......................................................................HR 744 Person absent for health reasons; continue to receive................................................HB 1174
HOOD, MARSHA MAYES; invite to House ..............................................................HR 1003
HOSPITALS AND HEALTH CARE FACILITIES Advanced practice registered nurses; provisions............................................................HB 462 Advisory Committee on Pain and Symptom Management; create..............................SB 670

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2846

INDEX

HOSPITALS AND HEALTH CARE FACILITIES (Continued) Automated external defibrillators; provide for easier public access............................SB 566 Bobby Eugene Parham Food Service Facility; designate at Central State Hospital .............................................................................SR 588 Certain drugs; require availability.................................................................................HB 1319 Certificate of need; amend provisions; Indigent Care Trust Fund.............................HB 373 Certificate of need; certain home health agency services; exempt............................HB 1524 Certificate of need; exempt certain hospitals.................................,...............................HB 135 Certificate of need; exempt certain nursing facilities ...................................................HB 945 Certificate of need; exempt certain skilled nursing facilities ....................................HB 1537 Certificate of need; exempt home health agencies ........................................................HB 162 Civil practice; request for nonparty health care records; notice.................................HB 395 Covenant Marriage Act; enact...........................................................................................SB 440 Durable power of attorney for health care; appointment of guardian........................SB 184 Essential Rural Health Care Provider Access Act; enact...........................................HB 1798 Essential Rural Health Care Provider Access Act; enact..............................................SB 594 Health; amend provisions ..................................................................................................HB 683 Health Care Act; enact ......................................................................................................HB 386 Health Care Authorities Law; enact..............................................................................HB 1101 Health Care Study Commission; create..........................................................................HR 364 Health plan purchasing cooperatives; authorize............................................................HB 235 Health records; governmental entities furnish to employees........................................SB 599 Hospital authorities; certain certified audits; remove requirement..........................HB 1222 Hospital authorities; nonparticipation in certain program; prohibit state funds.......................................................................................HB 859 Hospital authorities; prohibition of state funds..............................................................HB 65 Hospital authorities; sale of hospitals; use of proceeds..............................................HB 1682 Hospital authorities; sale or lease of health care facility; public hearing....................................................................................................SB 220 Hospitals; certain acquisitions and dispositions; amend provisions.........................HB 1727 Hospitals; educational grants; restrict funding for certain residents .......................HB 1616 Hospitals; inpatient services; provide for uniform reimbursement .............................SB 575 House Midwife Licensing Study Committee; create...................................................HR 1229 House Study Committee on Early Childhood Immunization; create.........................HR 609 House Study Committee on the Plight of Rural Hospitals; create..........................HR 1335 Incapacitated adults; emergency guardians; health care facilities; certain consent for admission or discharge........................................SB 549 Joint Study Committee on School Health Care; create................................................SR 677 Managed care; 24-hour toll-free authorization number................................................HB 562 Medical assistance; hospital inpatient services; reimbursement ...............................HB 1235 Medical Care Savings Account and Trust Act; enact....................................................SB 279 Medical information; allow release in case of medical necessity...............................HB 1743 Minors; contraceptives and pelvic exams; parental notification ...............................HB 1363 Nonprofit corporations; hospital authorities; powers; conflict of interest...........................................................................................................SB 261 Nursing homes and intermediate care homes; staffing plans......................................HB 176 Osteoporosis; insurance coverage; patient education..................................................HB 1086 Partial-birth abortion; prohibit........................................................................................HB 240 Patient Access to Responsible Care Act of 1997; urge Congress pass .....................HR 1310 Patient health records; personal representative obtain..............................................HB 1115 Patient medical records; maximum copy fee; time limit for furnishing..................HB 1586 Patient Protection Act; amend provisions......................................................................HB 184
Sales tax exemption; blood glucose level measuring strips........................................HB 1105
Sales tax exemption; certain sales to home health agencies ........................................HB 144
Special license plates; Shrine hospitals...........................................................................HB 110
Special license plates; Shrine hospitals for disabled children .....................................HB 723
Staff privileges; denial; exclude certain doctors..........................................................HB 1156

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)

INDEX

2847

HOSPITALS AND HEALTH CARE FACILITIES (Continued) Staff privileges; prohibit certain denial ...........................................................................SB 138 State plan of medical assistance; modification or waivers; requirement...............................................................................................HB 1179 Torts; certain resident physicians; immunity.................................................................HB 790 Unfair Claims Settlement Practices Act; change certain definition...........................HB 597 Watercraft; speed restrictions; accidents ......................................................................HB 1395
HOTELS AND MOTELS Excise and sales taxes; aggregate amount.......................................................................HB 679 Excise tax; amend provisions............................................................................................HB 609 Excise tax; cotton gin attraction ....................................................................................HB 1649 Excise tax; county and municipal levies; additional authorization.............................HB 379 Excise tax; domed stadium; termination ......................................................................HB 1631 Excise tax; international and maritime trade center authorities; amend provisions.......................................................................................HB 706 Joint Hotel-Motel Tax Study Committee; create..........................................................HR 297 Sanitary regulations; bed linens .......................................................................................HB 545 Stone Mountain Memorial Association; certain tax proceeds; amend provisions.........................................................................................HB 1232
HOUSE OF REPRESENTATIVES Adams, Dr. Michael P.; invite to House .........................................................................HR 739 Adjournment; adjourn 1/16/98; reconvene 1/26/98 .......................................................HR 810 Adjournment; adjourn on Tuesdays; reconvene on Thursdays...................................HR 927 Adjournment; schedule for balance of session; adjourn sine die 3/19/98..............................................................................................HR 1165 Advocates for crime victims; invite representatives to House...................................HR 1110 "African American Business Enterprise Day"; recognize February 12, 1998; invite Georgia Summit to House................................................HR 948 Akins, Rhett; invite to House...........................................................................................HR 952 Albany State University Rams and Coach Hampton Smith; invite to House..............................................................................................................HR 1108 Alpha Kappa Alpha Sorority, Inc., and Dr. Lucretia Payton-Stewart; invite to House ..................................................................................HR 163 Alpha Kappa Alpha Sorority, Inc; invite Dr. Lucretia Payton-Stewart to House ..............................................................................................HR 834 Alpha Theta Zeta Chapter of Zeta Phi Beta Sorority, Inc; invite to House........................................................................................................HR 993 Andrews, Rosalie; invite to House ...................................................................................HR 792 Baker, Honorable Thurbert; resignation ........................................................................Page 14 Barry, Dr. Lance D.; invite to House ..............................................................................HR 951 Berhane, Genet; invite to House ....................................................................................HR 1223 Bills and resolutions; passage; require repeal of statutes - CA...................................HR 831 Bipartisan Joint Commission on Parole Abolition and Sentencing Reform; create .....................................................................................SR 477 Bishop, Congressman Sanford; invite to House.............................................................HR 869 Blue Cross and Blue Shield of Georgia; urge certain investigation..........................HR 1195 Cannonville, Town of; invite William S. Cannon VI to House...................................HR 949 Carter, Honorable Hanson; resignation ..........................................................................Page 18 Chip mills; urge Department of Natural Resources and Georgia Forestry Commission to conduct study relative to...........................HR 1313 Clay, Honorable Charles C. and Sarah; commend ......................................................HR 1339 Commission on the 250th Anniversary of a Representative Assembly in Georgia; create..........................................................................................HR 998 Contreras, Dr. Francisco; invite to House ....................................................................HR 1172 Cook, Robert; invite to House ..........................................................................................HR 929 Cordele-Crisp County Fish Fry; invite representatives to House .............................HR 1048

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HOUSE OF REPRESENTATIVES (Continued) CREEK Kids of Stephens County Middle School; invite to House...........................HR 940 Crockett, Veronica and Judy Thompson; invite to House...........................................HR 959 Culloden Highland Games and Scottish Festival; invite officials and members to House........................................................................HR 583 Culloden Highland Games and Scottish Festival; invite officials and members to House......................................................................HR 1138 Delta Sigma Theta Sorority; invite to House ..............................................................HR 1226 DePaolo, Dr. Rosemary; invite to House ........................................................................HR 864 Dixon, Honorable Harry; resignation ................................................................................Page 3 Dodge County High School Lady Indians Slow-Pitch Softball Team; invite to House ..................................................................................HR 1192 Donnan, Coach Jim; invite to House...............................................................................HR 947 Durden, Beth and Scott Green; invite to House .........................................................HR 1170 Dwozan, Marci; invite to House .....................................................................................HR 1047 Edwards, James Don, Ph.D.; invite to House ................................................................HR 738 Election; General Assembly; membership and apportionment .................................HB 1093
Federal highway trust funds; express consensus regarding Georgia's share ............................................................................................HR 1032
4-H day at state capitol; observe .....................................................................................HR 737 Gainesville High School baseball team; invite to House............................................HR 1070 Gatewood Golf Team; invite to House...................,........................................................HR 928 General Assembly and certain statewide officials; term limits - CA..........................HR 840 Georgia Chapter of the American Academy of Pediatrics;
invite delegates to House ..............................................................................................HR 992 Georgia Commission on Women; invite to House.......................................................HR 1249 Georgia Drugs and Narcotics Agency; invite Bill
Atkins and others to House ........................................................................................HR 1152 Georgia Farm Bureau Federation; invite president to House .....................................HR 836 Georgia Humanities Council; invite Dr. Jamil S. Zainaldin to House .....................HR 1069
Georgia National Guard Day; declare; invite Major General Bland to House ................................................................................................HR 863
Georgia Peach Festival; invite Susan Jordan to House..............................................HR 1030 Georgia Recreation and Parks Association; invite
representatives to House ...............................................................................................HR 991 Georgia Speech-Language Pathology Study Committee; create ...............................HR 1224 Gilmer County High School Band; invite director to House.....................................HR 1050 Gmgrich, Honorable Newt L.; invite to House ................................................................HR 45 "Girls and Women in Sports Day"; recognize
February 5, 1998; invite certain female athletes to House......................................HR 854 Glennville Mite Girls 1996 All-Star Softball Team; invite to House...........................HR 18 Goddard, Major General Richard N.; invite to House ...............................................HR 1028 Graglia, Professor Lino; denounce racist statements ..................................................HR 1139 Ham, Geraldine G.; invite to House ................................................................................HR 617 Hamilton, Grace Towns; honor life of; invite biographers to House........................HR 1186 Hood, Marsha Mayes; invite to House..........................................................................HR 1003 House Competitive Electric Service Study Committee; create ...................................HR 649 House Cotton Warehousing and Marketing Study Committee; create....................HR 1333 House County Extension Family and Consumer Science
Agent Study Committee; create ...................................................................................HR 570 House Development Impact Fees for Educational
Facilities Study Committee; create............................................................................HR 1168
House Georgia Children Study Committee; create .....................................................HR 1408
House Hunter Notification Study Committee; create ..................................................HR 160
House Income Tax Study Committee; create ..................................................................HR 19
House Inmate Costs Reduction Study Committee; create...........................................HR 849
House Insurance Premium Taxation Study Committee; create................................HR 1164

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2849

HOUSE OF REPRESENTATIVES (Continued)
House Midwife Licensing Study Committee; create...................................................HR 1229 House 911 Systems Funding Study Committee; create................................................HR 488 House Ovarian Cancer Study Committee; create........................................................HR 1251 House Protection of Children from Sexual Abuse Study Committee; create ...........HR 780 House Study Committee on Business Incentives for Agriculture; create ..................HR 465 House Study Committee on Child Support Collection; create..................................HR 1056 House Study Committee on Early Childhood Immunization; create.........................HR 609 House Study Committee on Group Self-insurance and
Captive Insurers Guaranty Funds; create...................................................................HR 397 House Study Committee on Homelessness in Georgia; create ......................................HR 20 House Study Committee on Juvenile Justice; create....................................................HR 590
House Study Committee on Paternal Responsibility; create ........................................HR 33 House Study Committee on Pilot Project Family Court for DeKalb County ........HR 1265 House Study Committee on the Atlanta Wastewater System; create........................HR 608
House Study Committee on the Governance of Hartsfield Atlanta International Airport; create ........................................................................HR 1312
House Study Committee on the Organization, Authority, and Functions of the Atlanta Regional Commission; create .................................HR 1266
House Study Committee on the Plight of Rural Hospitals; create ..........................HR 1335 House Study Committee on the Protection of
Ground-water Resources; create.................................................................................HR 1231 House Study Committee on Transportation; create .....................................................HR 573 House Teen Courts Study Committee; create ...............................................................HR 610
House Teen Sexual Activity Study Committee; create ..............................................HR 1407 Houston, Honorable Penny; oath of office.....................................................................Page 26 Huff, Sheriff Henry "Bo"; invite to House ....................................................................HR 853
Ivester, M. Douglas; invite to House...............................................................................HR 846 Ivester, M. Douglas; invite to House ...............................................................................HR 848 Jenkins, Honorable Curtis; absent to attend funeral ...............................................Page 1038
King, Martin Luther, III; invite to House....................................................................HR 1001 Kuchar, Matt; invite to House .........................................................................................HR 833 Lassiter High School Marching Trojan Band; invite to House...................................HR 740
Lipscomb, Jamie Price; invite to House .......................................................................HR 1169 Little, Candice; invite to House .....................................................................................HR 1053 Lobbyists; prohibit presence on third floor of capitol................................................HB 1795
Lodging paid by lobbyists; prohibit...............................................................................HB 1110 Manchester High School football team; invite to House .............................................HR 941 McCoy, Chris; invite to House .........................................................................................HR 835 McKinney, Cynthia and Loretta Sanchez; invite to House.......................................HR 1023
Members and employees; illegal drug activity.............................................................HB 1488 Miller, Shirley; Georgia's First Lady; invite to House................................................HR 1071 Mitchell-Baker High School Eagles basketball team; invite to House ....................HR 1277
Moyers, William Cope; invite to House ........................................................................HR 1096 National Council of Negro Women; recognize;
invite certain members to House .................................................................................HR 857
Nonpartisan elections.......................................................................................................HB 1512 Norcross High School Concert Band; invite to House .................................................HR 743
Norfolk Southern Railroad intermodal facility; express opposition .........................HR 1252 North Forsyth High School girls softball team; invite to House................................HR 870
Notify Governor; General Assembly convened ..............................................................HR 726 Notify Senate; House convened .......................................................................................HR 725 100 Black Men of America, Inc.; Georgia chapters; invite to House .......................HR 1282
Panoz, Donald E. and Nancy Heftier Panoz; invite to House...................................HR 1105 Parkview High School Panthers football team; invite to House.................................HR 777 Porch, Ludlow; invite to House........................................................................................HR 858
Putnam County High School Lady Eagles basketball team; invite to House...................................................................................................HR 1280

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INDEX

HOUSE OF REPRESENTATIVES (Continued) Reapportion districts 77 and 78 .....................................................................................HB 1429 Reapportion districts 84 and 87 .....................................................................................HB 1300 Reapportion districts 84 and 87 .....................................................................................HB 1648 Reapportion districts 84 and 87 .....................................................................................HB 1702 Reapportion districts 156, 157, 165, 166, 172, 173, and 174 ......................................HB 1502 Reapportion districts 161 and 163 .................................................................................HB 1600 Reapportion districts 161 and 163 .................................................................................HB 1715 Reapportion districts 172, 173, and 174........................................................................HB 1320 Representative from the 3rd district; reprimand ........................................................HR 1065 Rogers, Brittney; invite to House ..................................................................................HR 1052 Rogers, Coach Terry and the Union County High School hoy's basketball team; invite to House ........................................................HR 1167 Rules; add Rule 28.1 ............................................................................................................HR 31 Rules; add Rule 58.1 ............................................................................................................HR 26 Rules; add Rule 115.1 ..........................................................................................................HR 25 Rules; add Rule 172 ...........................................................................................................HR 876 Rules; amend.......................................................................................................................HR 133 Rules; amend Rule 6 ............................................................................................................HR 50 Rules; amend Rule 8 ..........................................................................................................HR 138 Rules; amend Rule 8 ........................................................................................................HR 1112 Rules; amend Rule 13 ........................................................................................................HR 720 Rules; amend Rule 27 ........................................................................................................HR 267 Rules; amend Rule 29 ..........................................................................................................HR 27 Rules; amend Rule 37 ........................................................................................................HR 933 Rules; amend Rule 37 ........................................................................................................HR 938 Rules; amend Rule 37 ......................................................................................................HR 1137 Rules; amend Rule 58 ..........................................................................................................HR 79 Rules; amend Rule 58 ..........................................................................................................HR 81 Rules; amend Rule 58 ........................................................................................................HR 162 Rules; amend Rule 58 ........................................................................................................HR 481 Rules; amend Rule 112 ......................................................................................................HR 134 Rules; amend Rule 114 ......................................................................................................HR 136 Rules; amend Rule 118 ........................................................................................................HR 24 Rules; amend Rule 118 ......................................................................................................HR 137 Rules; amend Rule 146 ........................................................................................................HR 17 Rules; amend Rule 164 ......................................................................................................HR 838 Rules; amend Rule 171 ........................................................................................................HR 40 Rules; amend Rules 134 and 139 .....................................................................................HR 135 Savannah St. Patrick's Day Parade Committee; invite representatives to House ...............................................................................................HR 400 Savannah St. Patrick's Day Parade Committee; invite representatives to House .............................................................................................HR 1109 Seminole County High School basketball team; invite to House .............................HR 1279 Smith, Deen Day; invite to House ...................................................................................HR 791 Smyrna, City of; invite officials to House ......................................................................HR 723 Smyrna, City of; invite officials to House ......................................................................HR 809 South Georgia College women's softball team; invite to House..................................HR 960 Southwest Georgia Academy Lady Warriors basketball team; invite to House...................................................................................................HR 1281 State government; privatization of certain operations; certain notice .......................HB 607
Stephens, Honorable Ron; oath of office........................................................................Page 16
Study Committee on Public Works Delivery System, Design, Construction, and Awarding; create ............................................................HR 1276
Tattnall Square Academy football team; invite to House ...........................................HR 943
Tattnall Square Academy girls basketball team; invite to House ............................HR 1227
Term limits - CA ..................................................................................................................HR 78

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2851

HOUSE OF REPRESENTATIVES (Continued) Thomas County Central High School 1997 football team; invite to House............HR 1049 Tomberlin, Coach Rick; invite to House.......................................................................HR 1114 Turner, Dr. John S.; invite to House............................................................................HR 1005 Vetoes; General Assembly reconvene for considering - CA .......................................HR 1035 Washington County High School Golden Hawks football team; invite to House ....................................................................................HR 1107 Watson, Honorable Stan; oath of office..........................................................................Page 17 Westover High School boys' basketball team; invite to House.................................HR 1263 Wolfe, Fletcher; invite to House ....................................................................................HR 1196
HOUSING (See Buildings and Housing)
HOWARD, HONORABLE PIERRE; commend .......................................................HR 1417
HOWARD, LAMAR; commend ......................................................................................HR 1439
HUBERT ERVIN "H. E." HOBBS HIGHWAY Designate............................................................................................................................HR 1106 Designate............................................................................................................................HR 1189
HUDSON, HONORABLE HELEN G.; committee assignment................................Page 20
HUFF, SHERIFF HENRY "BO"; invite to House......................................................HR 853
HUGH ALTON CARTER BRIDGE; designate ...........................................................SR 655
"HUGH L. LOGAN INTERCHANGE"; designate..........................................................SR 9
HUGHES SPALDING CHILDREN'S HOSPITAL; commend...........................HR 1046
HUIE, LUCY;commend...................................................................................................HR 1460
HUMAN RESOURCES, DEPARTMENT OF Acupuncturists; registration ..............................................................................................HB 145 Certain attorneys' fees; reimbursement to local boards of education ......................HB 1183 Certified Professional Midwifery Act; enact ..................................................................HB 475 Child placement in foster home; residents; records check............................................SB 244 Child support arrearages; recovery; workers' compensation settlements...................HB 698 Counties and municipalities; disability commissions; establish ...................................SB 383 Food; safe handling; establish course of instruction...................................................HB 1171 Infectious and communicable diseases; certain harm reduction programs; authorize studies.......................................................................HB 1007 Juvenile proceedings; children in foster care; certain notice .......................................HB 527 Long Term Care Choice Act of 1997; enact ...................................................................HB 512 Medical assistance; certain provider participation; termination....................................SB 44 Paramedics; cardiac technicians; certification and recertification...............................SB 543 Public assistance; social assistance register; provisions.................................................SB 267 State Use Council; required procurement; exempt certain interpreters..................HB 1345 TB control; commend ......................................................................................................HR 1315 Youth Camp Act; enact ...................................................................................................HB 1100
HUMPHREYS, GEORGE W.; condolences.................................................................HR 1390
HUNT, KATIE NEAL; condolences..............................................................................HR 1436
HUNT, STACY; commend...............................................................................................HR 1354
HUNTER, VERNON; commend ....................................................................................HR 1346
HUNTING (Also, see Game and Fish) Child support; seizure of deposits; suspension of certain licenses..............................HB 828 Crossbow permits for persons with disabilities............................................................HB 1532

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HUNTING (Also, see Game and Fish) (Continued) Deer and motor vehicle collisions; certain counties; open bowhunting season................................................................................................HB 881 Dove-hunting season; Board of Natural Resources establish statewide ....................HB 186 Game and fish; amend provisions..................................................................................HB 1352 House Hunter Notification Study Committee; create ..................................................HR 160 Lifetime sportsman's license; create; Wildlife Endowment Fund; establish........................................................................................HB 1640
HYBL, RYAN; commend ...................................................................................................HR 964

INCOME TAX Annual adjustments; Consumer Price Index......................................................................HB 9 Budget; limit growth to gross state product growth; excess revenue - CA..........................................................................................................HR 46 Business expansions; allocation and apportionment of income ................................HB 1353 Capital gains credit..........................................................................................................HB 1122 Certain adjusted gross income; amend provisions...........................................................HB 86 Certain insurance firms; provide credit.........................................................................HB 1481 Certain printing services..................................................................................................HB 1535 Corporations; amend provisions.........................................................................................HB 78 County boards of tax assessors; authority to summon; exclude certain schedules.............................................................................HB 133 Credit; certain homes with handicapped accessibility features.................................HB 1621 Credit; certain long-term care insurance.........................................................................HB 518 Credit; low-emission vehicles or conversion of conventionally fueled vehicles....................................................................................HB 1161 Credit; National Guard members...................................................................................HB 1572 Credit; qualified caregiving expenses.............................................................................HB 1513 Credit; rural health care provider....................................................................................HB 389 Credits; certain businesses in less developed counties..................................................HB 626 Credits; certain businesses in less developed counties; extend certain tax exemption.....................................................................HB 1147 Credits; certain businesses; retraining programs; low-emission vehicles; conform Revenue Code to federal code.............................HB 1596 Credit; self-employed persons; health insurance ...........................................................HB 726 Credits; extend certain exemptions in certain counties................................................HB 504 Credits for increasing exports from Georgia businesses .............................................HB 1667 Credits; tier 1, 2, and 3 counties; certain facilities; increase carry forward period ....................................................................HB 1146 Driver education course; public school grants; income tax credit............................HB 1530 Eminent domain; condemnation; compensation not subject to taxation...................HB 680 Employer social security tax payments; deduction.....................................................HB 1437 Exemptions; deductions; withholding allowances ........................................................HB 1162 Gradual reduction; abolish 1/1/2009; repeal or conform related provisions ..........................................................................................HB 1218 Health insurance deduction; self-employed..................................................................HB 1116 House Income Tax Study Committee; create..................................................................HR 19 Income and sales taxes; amend provisions .........................................................................HB 8 Individual rate.......................................................................................................................HB 74 Joint Personal Income Tax Elimination Study Commission; create..........................HR 724 Joint State Income Tax Reform Study Commission; create........................................SR 593
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2853

INCOME TAX (Continued) Marriage Penalty Repeal Act; enact..................................................................................HB 16 Married persons; change certain tax tables....................................................................HB 146 Medical Care Savings Account and Trust Act; enact....................................................SB 279 Payments; define certain terms..........................................................................................HB 87 Pro-family Tax Equity Act of 1997; enact..........................................................................HB 1 Retirement income; certain exclusion; remove limitation............................................HB 782 Retirement income exclusion; increase............................................................................HB 549 Retirement income exclusion; increase..........................................................................HB 1424 Revenue Code; conform to federal code........................................................................HB 1121 Setoff debt; collection for political subdivisions............................................................HB 674 State Sovereignty and Federal Tax Funds Act; enact................................................HB 1816 Taxable net income; exclude capital gains.........................................................................HB 2 Tires and scrap tires; amend provisions; certain tax credit.........................................HB 835 Withholding tax; certain property sale; exception........................................................HB 221
INDEMNIFICATION Certain National Guard members and firemen; Workers' compensation; National Guard......................................................................................SB 592 National Guard; certain members....................................................................................HB 704 State highway employees...................................................................................................HB 368 State highway employees....................................................................................................SB 117 State highway employees - CA.........................................................................................HR 171 State highway employees - CA............................................................................................SR 64
INDIGENT (See Social Services)
INFECTIOUS DISEASES Brandon Act; enact...............................................................................................................HB 43 Chlamydia screening test; insurance coverage.............................................................HB 1565 Cosmetologists; regulate.....................................................................................................SB 615 Firelighters, emergency medical technicians, and public safety officers; hepatitis C protection ...........................................................HB 1410 House Study Committee on Early Childhood Immunization; create.........................HR 609 Infectious and communicable diseases; certain harm reduction programs; authorize studies.......................................................................HB 1007 Sexual offenses; pandering; define offense; penalties; prohibitions.............................SB 158
INITIATIVE PETITION Initiative petition process - CA............................................................................................HR 1 Initiative petition process - CA........................................................................................HR 143 Initiative petition process - CA........................................................................................HR 223
INMAN MIDDLE SCHOOL; commend .....................................................................HR 1403
INSECTS Red imported fire ant; urge federal government increase funds to eradicate............................................................................................HR 842 Tomato Spotted Wilt Virus; urge federal government increase funds for eradication.......................................................................................HR 843
INSURANCE Adverse underwriting decision; supporting information.............................................HB 1050 Agents; denial or revocation of license; failure to pay education loans ...................................................................................................HB 884 Automobile Personal Safety Act of 1998; enact...........................................................HB 1745 Blue Cross and Blue Shield of Georgia; urge certain investigation..........................HR 1195 Breast Cancer Patient Care Act; enact ............................................................................SB 431 Certain acts relating to agreements; unfair trade practices...........................................HB 89 Certain medical benefits; reimbursement .......................................................................HB 553

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INSURANCE (Continued) Certain official inquiries; timely responses.....................................................................HB 599 Certain policies; coverage of mental disorders.............................................................HB 1575 Certain premium taxes; abate to zero ...........................................................................HB 1878 Children's Health Insurance Plan Act; enact...............................................................HB 1787 Child support arrearages; recovery; workers' compensation settlements...................HB 698 Child support; include life insurance premiums.............................................................SB 231 Commissioner; certain filings; public record; financial statements; repeal certain requirement .......................................................SB 542 Commissioner; ethics in government; prohibit certain mass mailings.......................HB 873 Commissioner; plurality election ....................................................................................HB 1529 Commissioner; term limits - CA.........................................................................................HR 78 Countersignature requirements; exempt insurers not using independent agents ..............................................................................................HB 862 Domestic insurers; certain investments; amend provisions........................................HB 1108 Emergency Management, Preparedness, and Assistance Trust Fund; create...........HB 239 Employee filing workers' compensation claim; certain termination notice ........................................................................................................HB 1075 Employee filing workers' compensation claim; prohibit termination.........................HB 792 Essential Rural Health Care Provider Access Act; enact...........................................HB 1798 Essential Rural Health Care Provider Access Act; enact..............................................SB 594 Fairness in Health Care Act; enact..................................................................................HB 270 Federal Crop Insurance Program; urge federal government revise laws ...................HR 856 Felony insurance fraud; uninsured motorists; health coverage; availability and portability; infants; ob-gyn access; dispensing gasoline ............................................................................................HB 233 Fire prevention districts; rate classification; regulation .............................................HB 1381 Fire prevention districts; rate classification; variances...............................................HB 1380 Georgia Workers' Compensation Uninsured Employers' Trust Fund Act; enact .................................................................................................HB 1864 Health; athletic trainers; reimbursement........................................................................HB 561 Health; children's cancer treatment; coverage of certain costs for clinical trials........................................................................................SB 603 Health coverage; include contraceptives.......................................................................HB 1643 Health coverage; newborn or adopted child; women's access; conversion ............................................................................................SB 665 Health; diabetes related coverage .......................................................................................SB 55 Health; diabetes treatment and equipment....................................................................HB 281 Health; direct payment to health care provider for services ........................................SB 526 Health; gynecological exam for ovarian cancer; require coverage ............................................................................................................HB 1120 Health maintenance organizations; certain contracts; prohibit hold harmless clause .....................................................................................HB 1356 Health maintenance organizations; disclosure; payments to provider .......................HB 108 Health maintenance organizations; service by other provider; failure to provide certain care .....................................................................HB 106 Health; mental disorders; amend provisions ...................................................................SB 245 Health; mental disorders; coverage of treatment ...........................................................SB 620 Health plan purchasing cooperatives; authorize ............................................................HB 235 Health; urge coverage for ovarian cancer diagnostic studies.....................................HR 1093 House Insurance Premium Taxation Study Committee; create................................HR 1164
House Study Committee on Group Self-insurance and Captive Insurers Guaranty Funds; create...................................................................HR 397
Income tax; certain insurance firms; provide credit....................................................HB 1481
Income tax credit; self-employed persons; health insurance .......................................HB 726
Insurance fraud; change definition; civil immunity ......................................................HB 493
Insurance identification cards; certain health care policies .......................................HB 1056

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INSURANCE (Continued) Insurance State of Entry Act of 1998; enact................................................................HB 1106 Insurers; bad faith refusal to timely pay claim; liability...............................................SB 657 Insurers rehabilitation; claims distribution; conform priority to U. S. Code.....................................................................................HB 752 Lawful firearms kept on property; prohibit denial of coverage...................................SB 562 Life insurance; allow premium payments from employee contributions .................HB 1687
Life insurers; prohibit discrimination against abuse victims.......................................HB 390 Managed care; 24-hour toll-free authorization number................................................HB 562 Medical benefits; reimbursement in certain cases...........................................................HB 35
Medical Care Savings Account and Trust Act; enact....................................................SB 279 Mortgage lenders; failure to pay premiums; liability ....................................................HB 478 Motor vehicle; cancellation and renewal; reporting requirements ............................HB 1620
Motor vehicle; certain discounts for teenaged drivers; notification.......................................................................................................................HB 832
Motor vehicle; liability; minimum coverage...................................................................HB 532 Motor vehicle; medical payments coverage .....................................................................SB 224
Motor vehicle; payment of claims; certain prohibition.................................................HB 304 Motor vehicle; premium reductions; add provision.....................................................HB 1504 Motor vehicle; prepayment; driver's license suspension.............................................HB 1260
Motor vehicle; provide certain recovery; prohibit certain setoffs................................................................................................................HB 1240
Motor vehicle self-insurers; repeal provisions; reenact.................................................HB 875 Motor vehicle self-insurers; taxicabs; certain counties ...............................................HB 1448 Motor vehicles; liability insurance requirement; amend provisions ............................SB 538 Motor vehicles; taxicab self-insurers; certain counties.................................................HB 753
Motor vehicles; uninsured motorist coverage; no subrogation.....................................HB 594 Multiagent agency; single certificate of authority.......................................................HB 1626 Mutual insurers; amend provisions................................................................................HB 1587
Mutual insurers; mergers; mutual insurance holding companies; provisions......................................................................................................SB 595
National Guard; certain members; workers' compensation; indemnification ...............................................................................................................HB 704
Obesity Anti-discrimination Act; enact............................................................................SB 490 Patient Protection Act; amend provisions ......................................................................HB 184
Policy and discharge by payment; collateral; amend provisions...............................HB 1402 Preneed funeral service contract; redefine ...................................................................HB 1686 Prohibit discrimination against abuse victims ...............................................................HB 359
Prohibit discrimination against abuse victims.............................................................HB 1479 Prohibit discrimination against abuse victims................................................................SB 186
Prohibit discrimination against abuse victims; disability income insurers..............................................................................................HB 392
Prohibit discrimination against domestic abuse victims ............................................HB 1275
Prohibit discrimination by ZIP Code..............................................................................HB 360 Property; certain lenders; prohibit requiring mortgage insurance..............................HB 913 Provisions; inapplicability; surplus lines insurance.......................................................HB 703
State employees' health insurance plan; include certain county officers ....................HB 52 State health insurance system; General Assembly provide
by general law - CA........................................................................................................HR 172
State standards; exemption of certain health plans; urge Congress reject legislation ..................................................................................HR 1278
State standards; exemption of certain health plans; urge Congress reject legislation .....................................................................................SR 766
Surviving or divorced spouse; amend provisions ...........................................................HB 720 Title insurance; amend provisions .................................................................................HB 1662
Title insurers; single risks of $1 million and above ......................................................HB 858 Unemployment insurance; unemployment compensation;
workers' compensation insurance ...............................................................................HB 1140

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INSURANCE (Continued) Unfair Claims Settlement Practices Act; change certain definition...........................HB 597 Uninsured motorists; companies issuing policies; service of process...........................SB 436" Uninsured motorists; insurance companies; service of process.................................HB 1366 Uninsured motorists; service on plaintiffs carrier; timeliness ..................................HB 1449 Uninsured motor vehicle; certain actions; carrier participating as defendant...........................................................................................HB 1159 Workers' compensation; amend provisions; Self-Insurers Guaranty Trust Fund.....................................................................,.............................HB 1327 Workers' compensation; certain emotional or mental injury; provide exception .............................................................................................HB 1475 Workers' compensation; certain premium increases; independent right of action...........................................................................................HB 952 Workers' compensation; group self-insurance funds; certain examinations; private examiners......................................................................SB 656 Workers' compensation; "injury" or "personal injury"; change defmition.................................................................,.........................................HB 1249 Workers' compensation; insurance premium discount; drug-free workplace......................................................................................................HB 1134 Workers' compensation; insurance premium discount; drug-free workplace.........................................................................................................SB 155 Workers' compensation; National Guard; indemnification; certain Guard members and firemen............................................................................SB 592 Workers' compensation; Self-Insurers Guaranty Trust Fund; powers of board; certain audits .........................................................................SB 166 Workers' Compensation Statistical Reporting and Experience Modification Factor Enforcement Act; enact........................................HB 837
INTANGIBLE TAX Depository financial institutions; local business tax.......................................................HB 69 Intangible recording tax; collecting officer...................................................................HB 1522 Intangible recording tax; filing of real estate instruments.............................................HB 73 Local governments; collection of certain taxes; special districts...............................HB 1095
INTERIOR DESIGNERS Hotels and motels; excise and sales taxes; aggregate amount.....................................HB 679 Repeal provisions................................................................................................................HB 581
INTERMEDIATE CARE HOMES; staffing plans.....................................................HB 176
"INTERNATIONAL BUILDING SAFETY WEEK" Proclaim April 5-11, 1998................................................................................................HR 1155
INTERNATIONAL LONGSHOREMEN'S ASSOCIATION LOCAL 1414; commend...............................................................................................HR 1061
IRWIN COUNTY Board of commissioners; chairperson ..............................................................................HB 921 Board of commissioners; chairperson's salary................................................................HB 974
ISLE OF HOPE VOLUNTEER FIRE DEPARTMENT; commend ..................HR 1128
ISRAEL, STATE OF; commend ....................................................................................HR 1082
IVESTER, M. DOUGLAS Invite to House...................................................................................................................HR 846 Invite to House ...................................................................................................................HR 848
IVORY COAST AND GEORGIA; declare sister states ...........................................HR 1004
IZLAR, ROBERT LEE; commend.................................................................................HR 1256

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2857

J

JACKSON, CAROL; commend ......................................................................................HR 1160
JACKSON COUNTY; county treasurer; abolish office..............................................HB 1518
JACKSON, MARK B.; commend ..................................................................................HR 1368
JACKSON, RACHEL; commend ...................................................................................HR 1006
JAMES C. RIGDON ROAD; recognize honorary designation...................................HR 900
JAMES, D. RAY; commend ..............................................................................................HR 750
JAMES M. LEE ROAD Recognize honorary designation .....................................................................................HR 1202 Recognize honorary designation .....................................................................................HR 1306
JASPER COUNTY Board of education; districts...........................................................................................HB 1860 Homestead exemption; certain residents ......................................................................HB 1862 Sheriffs office; amend provisions ..................................................................................HB 1061
JEFFERSON COUNTY Board of commissioners; compensation.........................................................................HB 1772 State court judge; compensation ....................................................................................HB 1890 State court solicitor-general; compensation..................................................................HB 1889
JEFFORDS, REVEREND LEON MITCHELL; commend...................................HR 1115
JENKINS, GLORIA; commend .....................................................................................HR 1458
JENKINS, HONORABLE CURTIS Committee assignment.......................................................................................................Page 24 Communications .................................................................................................Pages 1038, 1666
JESSUP, BEN; commend ................................................................................................HR 1210
JESSUP, TOM;commend................................................................................................HR 1288
JESUP, CITY OF; commend police force.......................................................................HR 974
JESUP POLICE FORCE AND THE WAYNE COUNTY SHERIFF'S DEPARTMENT; commend...................................................................HR 973
JIMMY R. TURNER ROAD; recognize honorary designation..................................HR 907
JOHN D. WATERS ROAD; recognize honorary designation.....................................HR 905
JOHN MARSHALL LEGAL AID CLINIC Urge state funds to support..............................................................................................HR 466
JOHN R. PIERCE ROAD; recognize honorary designation .......................................HR 902
JOHNNY WHEELER BRIDGE Designate..............................................................................................................................HR 860 Recognize honorary designation .....................................................................................HR 1298
JOHNSON, ELIJAH; commend ....................................................................................HR 1209
JOHNSON, HONORABLE BOZE, JR.; condolences ..............................................HR 1358
JOHNSON, HONORABLE JERE; commend............................................................HR 1077
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2858

INDEX

JOHNSON, MARY WILHELMENIA; condolences ..................................................HR 909
JOHNSON, VAN R. II; commend...................................................................................HR 988
JOHNSON, WALTER, SARA, GINGER, JULIE, AND DODIE, AND JIM AND KYLE PRATT; commend ..........................................HR 1177
JONES COUNTY Board of commissioners; amend provisions..................................................................HB 1746 Probate court judge; compensation............,...................................................................HB 1781 Sheriff; compensation.......................................................................................................HB 1780 Superior court clerk; compensation ...............................................................................HB 1783 Tax commissioner; compensation...................................................................................HB 1782
JONES, HONORABLE VERNON; committee assignment ........................................Page 2
JONES, J. C. "CARL"; commend ....................................................................................HR 944
JONES, KURTIS;condolences.........................................................................................HR 936
JORDAN, MAJOR BRUCE LAMAR; commend .....................................................HR 1036
JORDAN, N. W. "NEWT"; commend.............................................................................HR 818
JORDAN, WINNIE STANCIL; condolences .............................................................HR 1398
JOSEPH H. WILLIAMS ROAD; recognize honorary designation...........................HR 906
JUDGES Civil practice; recommencement of dismissed cases; certain actions against judicial officers; attorney's fees..........................................HB 1730 Concealed weapons; licensure; exempt certain judges not in office .........................HB 1473 Court documents; grounds for refusal; exclude font size or type .............................HB 1197 Court of Appeals; amend provisions...................................................................................SB 78 Court proceedings; parties request elected judge........................................................HB 1771 Courts; judicial assistance from other courts; permanent basis...................................SB 688 Employees' Retirement; appellate judges; reduce retirement age ................................HB 56 Employees' Retirement; continued membership; community service boards................................................................................................................HB 1042 Georgia Municipal Courts Training Council; membership; appointment................HB 1199 Judges of the Probate Courts Retirement; amend provisions.....................................HB 780 Judges of the Probate Courts Retirement; certain service; retire at 55 .........................................................................................................HB 779 Judicial assistance; permanent basis; magistrates as permanent assisting judges; certain counties......................................................HB 1642 Judicial Budget Administration Act of 1998; enact ....................................................HB 1617 Judicial Retirement System; create .................................................................................HB 751 Juvenile proceedings; amend provisions .......................................................................HB 1290 Marriage ceremonies; authorize federal judges to perform ..........................................HB 249 Nonpartisan elections without primaries........................................................................HB 820 Open records; law enforcement officers; exempt personal information ...................HB 1499 Probate court; salary supplements...................................................................................HB 924 Probate courts; judge appoint replacement if disqualified ........................................HB 1805 Probate courts; qualifying fees.......................................................................................HB 1202 Probate court; training requirements; amend provisions .............................................HB 516 Senior judges and justices; compensation........................................................................SB 369 State court; compensation .................................................................................................HB 292 State courts; certain cities; appointment of judges pro hac vice ..............................HB 1238 Superior Court Judges Retirement; certain members; benefit increase.......................HB 88 Superior Court Judges Retirement; senior judges; salary ..........................................HB 1069 Trial Judges and Solicitors Retirement; benefits; certain survivors...........................HB 264

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INDEX

2859

JUDGES (Continued) Trial Judges and Solicitors Retirement; certain prior membership; creditable service.........................................................................HB 1092 Trial Judges and Solicitors Retirement; increase retirement benefit.........................HB 254 Trial Judges and Solicitors Retirement; spousal coverage; rejection .........................HB 256
JUDICIAL CIRCUITS Atlanta; add judge..............................................................................................................HB 269 Atlanta, Douglas, Gwinnett, Ocmulgee, and Stone Mountain; add judges; Blue Ridge; amend provisions; Bell-Forsyth; create...............................SB 77 Bell-Forsyth; create; Blue Ridge; revise..........................................................................HB 406 Blue Ridge; judges; compensation..................................................................................HB 1894 Chattahoochee; superior court judges; supplement........................................................SB 584 Cobb; certain district attorneys; compensation...........................................................HB 1754 Cobb; superior court judges; compensation.....................................................,............HB 1731 Coweta; judges; salary supplements..................................................................................SB 677 District attorneys; appointment of assistants to prosecute drug cases.......................SB 523 Douglas; add judge.............................................................................................................HB 267 Family Court Division; Fulton Superior Court; pilot program .................................HB 1674 Flint; salary supplements..................................................................................................HB 564 Gwinnett; add judge...........................................................................................................HB 305 Henry; create; Flint; amend..............................................................................................HB 563 Henry; salary supplements................................................................................................HB 565 Northeastern; district attorney; salary supplement....................................................HB 1841 Northeastern; superior court judges; salary supplement............................................HB 1840 Ocmulgee; add judge..........................................................................................................HB 286 Stone Mountain; superior court judges; increase supplement...................................HB 1723 Western; superior court judges; compensation ...............................................................SB 483
JUDICIAL RETIREMENT SYSTEM Create; transfer assets from District Attorneys', Superior Court Judges, and Trial Judges and Solicitors retirement systems .......................HB 751
JUDICIAL SALES Real property; legal ad include description..................................................................HB 1406
JUNIOUS, ADEA; commend..........................................................................................HR 1355
JURIES Civil trials; juries of six - CA.............................................................................................SR 200 Civil trials; juries of six; General Assembly prescribe - CA.........................................HR 173 County boards of tax assessors; grand jury appoint; eligibility.................................HB 1528 Grand jury; allow counsel of accused to be present during indictment...................HB 1317 Jury duty; exempt caregiver to child under six...........................................................HB 1256 Jury duty; limit service to once per five years...............................................................HB 253 Jury duty; persons 65 or over; excuse once annually..................................................HB 1517 Peremptory challenges; change number...........................................................................SB 114 Peremptory challenges; panel size; amend provisions.................................................HB 1090 Trial jurors; examination in panels; repeal provisions..................................................HB 763
JURISDICTION AND VENUE Contracts; court jurisdiction and venue...........................................................................SB 552 Juvenile proceedings; amend provisions .......................................................................HB 1290 Venue; tortfeasors residing in different counties............................................................SB 372
JUVENILE PROCEEDINGS Adoption; termination of parental rights...........................................................................SB 27 Amend provisions .............................................................................................................HB 1290 Child not competent; amend provisions........................................................................HB 1932

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2860

INDEX

JUVENILE PROCEEDINGS (Continued) Children adjudicated delinquent; information provided to school superintendents.............................................................................HB 195 Children in foster care; certain notice.............................................................................HB 527 Contributing to delinquency, unruliness, or deprivation of minor; penalties........................................................................................................HB 1791 Court-ordered counseling; custody order duration.........................................................SB 660 Deprivation cases; appointment of counsel or special advocate................................HB 1288 Deprivation of child resulting from substance abuse..................................................HB 1717 House Study Committee on Juvenile Justice; create....................................................HR 590 House Teen Courts Study Committee; create ...............................................................HR 610 Jurisdiction; traffic offenses..............................................................................................HB 114 Juvenile convicted of felony; court notify school..........................................................HB 179 Juvenile courts; certain children age 13 to 17; jurisdiction .......................................HB 1097 Juvenile courts; extend jurisdiction to all persons under age 18 ................................HB 669 Juvenile courts; intake workers or probation officers; training.....................................HB 68 Juvenile records; crimes after age of majority; permanently unseal........................HB 1213 Juvenile rehabilitation; create division; provide camps...................................................SB 18 Juveniles; certain offenses involving firearm; superior court jurisdiction.............................................................................................HB 296 Juveniles; condition of probation; maintain passing average in school......................HB 140 Juveniles; court records; inspection by certain school officials .....................................HB 41 Juveniles; felony or delinquent act; release name.......................................................HB 1291 Juveniles; fingerprinting; criminal records; amend provisions .....................................SB 421 Juveniles in detention; court-ordered child support.......................................................HB 24 Juveniles in detention; court-ordered child support.......................................................HB 38 Juveniles in detention; court-ordered child support.....................................................HB 614 Minors; temporary guardians; notice of dissolution.......................................................SB 180 Parental rights; termination; amend provisions...........................................................HB 1571 Removal of child from home; family reunification; foster care.................................HB 1585 School Safety Act; enact.....................................................................................................SB 161 Transfer to child's county of residence; provisions.....................................................HB 1293

K

KATZ, EDWARD R.; condolences .................................................................................HR 1072 KAYE, HONORABLE MITCHELL; committee assignment .................................Page 404 KEEP MACON-BIBB BEAUTIFUL COMMISSION; commend officials .......HR 1090 KELLERMAN, MR. AND MRS. JOHN F.; commend...........................................HR 1124 KELLY, SHIRLEY DRINKWATER; commend,.....................................................HR 1325 KENNESAW, CITY OF; corporate limits....................................................................HB 1839 KID'S CASTLE PARK AND NEWNAN-COWETA
CHAMBER OF COMMERCE; commend ...............................................................HR 1423 KIDS VOTING GEORGIA; commend.........................................................................HR 1270 KING, MARTIN LUTHER, III; invite to House ......................................................HR 1001 KING, REVEREND DE. MARTIN LUTHER, JR.
Commemorate anniversary of assassination .................................................................HR 1348
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2861

KUCHAR, MATT Commend.............................................................................................................................HR 832 Invite to House...................................................................................................................HR 833
KYLE, GINA CARR; commend.....................................................................................HR 1157

L. CARLTON GILL HIGHWAY Designate............................................................................................................................HR 1106 Designate............................................................................................................................HR 1225
LABOR AND INDUSTRIAL RELATIONS Child support arrearages; recovery; workers' compensation settlements...................HB 698 Drug-free workplace; employer contributions and taxes; reduced rate....................HB 1720 Employee filing workers' compensation claim; certain termination notice ...........................................................................................HB 1075 Employee filing workers' compensation claim; prohibit termination.........................HB 792 Employee job performance; disclosure of certain information; employee immunity ...............................................................................HB 1142 Employment security; definitions; State-wide Reserve Ratio ...................................HB 1389 Employment security; State-wide Reserve Ratio; amend provisions .........................HB 177 Employment security; State-wide Reserve Ratio; amend provisions .......................HB 1579 Georgia Workers' Compensation Uninsured Employers' Trust Fund Act; enact .................................................................................................HB 1864 Health insurance plans; exemption from state standards; urge Congress reject legislation...............................................................HR 1278 Health insurance plans; exemption from state standards; urge Congress reject legislation..................................................................SR 766 Industrial hygienist; qualify use of title...........................................................................SB 482 Labor, Commissioner of; ethics in government; prohibit certain mass mailings.....................................................................................................HB 873 Labor, Commissioner of; plurality election...................................................................HB 1529 Labor, Commissioner of; term limits - CA.......................................................................HR 78 Labor organizations; certain funds used for political purposes; regulate.........................................................................................................HB 1594 Minimum wage; increase to federal poverty level; adjust annually ............................HB 513 National Guard; certain members; workers' compensation; indemnification...............................................................................................................HB 704 Privacy for Consumers and Workers Act; enact............................................................HB 566 Public Employees Labor Relations Act; enact.............................................................HB 1462 Unemployment benefits; certain persons refusing or failing drug test........................................................................................................HB 1471 Unemployment compensation; disqualification; exclude certain pay.........................HB 494 Unemployment insurance; unemployment compensation; workers' compensation insurance...............................................................................HB 1140 Workers' compensation; amend provisions; Self-Insurers Guaranty Trust Fund...........................................................................HB 1327 Workers' compensation; certain emotional or mental injury; provide exception................................................................................HB 1475 Workers' compensation; certain premium increases; independent right of action...........................................................................................HB 952 Workers' compensation; employer substitute managed care organization for physician...................................................................................HB 1591
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2862

INDEX

LABOR AND INDUSTRIAL RELATIONS (Continued) Workers' compensation; group self-insurance funds; certain examinations; private examiners......................................................................SB 656 Workers' compensation; "injury" or "personal injury"; change definition............................................................................................HB 1249 Workers' compensation; insurance premium discount; drug-free workplace......................................................................................................HB 1134 Workers' compensation; insurance premium discount; drug-free workplace .............SB 155 Workers' compensation; National Guard; indemnification; certain Guard members and firemen............................................................................SB 592 Workers' compensation; Self-Insurers Guaranty Trust Fund; powers of board; certain audits .........................................................................SB 166 Workers' Compensation Statistical Reporting and Experience Modification Factor Enforcement Act; enact........................................HB 837 Workplace; sexual harassment; right of action against employer...............................HB 472
"LACODA TRAIL MEMORIAL PARKWAY" Designate Georgia Highway 334.......................................................................................HR 292
LAGRANGE, CITY OF Composition change; districts .........................................................................................HB 1670 Downtown LaGrange Development Authority; membership.....................................HB 1543
LAKE CITY, CITY OF; corporate limits........................................................................SB 695
LAKEWOOD BAPTIST CHURCH; commend.........................................................HR 1018
LAMAR COUNTY; Flint Judicial Circuit; salary supplements..................................HB 564
LAMB, JANETTE;commend.........................................................................................HR 1441
LANCETTE, SEAN; commend ......................................................................................HR 1383
LAND (See Property)
LANDLORD AND TENANT Buildings and housing; lead-based paint; prohibit renting or leasing........................HB 580 Certain affidavits; certain payments; writ of possession; amend provisions......................................................................................HB 1172 Commercial property; tenant default; acceleration of rent.............................,..........HB 1770 Dispossessory proceedings; amend provisions................................................................HB 314 Dispossessory proceedings; amend provisions.................................................................SB 525 Dispossessory proceedings; writs of possession; make effective seven days after judgment...................................................................SB 488 Georgia Crime Information Center; certain records; landlords obtain.......................HB 122 Tax executions; transfers; notice to occupant and owner ............................................HB 501
LANDSCAPE ARCHITECTS, BOARD OF; repeal provisions ..............................HB 581
LANE, HONORABLE BOB; committee assignment ..................................................Page 21
LANFORD NATHAN TAYLOR ROAD Recognize honorary designation.....................................................................................HR 1302
LANGDALE, HONORABLE W. P. "BILLY" Election; State Transportation Board; Second Congressional District..................................................................................................Page 556
LARRY MCDONALD MEMORIAL HIGHWAY; designate ...............................HR 1098
LASSITER HIGH SCHOOL MARCHING TROJAN BAND Invite to House...................................................................................................................HR 740

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2863

LATHOM, JAMES B.; condolences ..............................................................................HR 1453
"LAUREN 'BUBBA' MCDONALD PARKWAY"; designate...............................HR 1054
LAURENS COUNTY Dublin-Laurens County Commission on Children, Youth, and Families; create........................................................................................HB 1763
LAURENS, PATRICIA LYNN; commend.................................................................HR 1211
LAW ENFORCEMENT OFFICERS AND AGENCIES Administrative investigators; provisions.........................................................................HB 868 Arrest warrants; application by video conference .......................................................HB 1570 Arrest warrants; application by video conference ..........................................................SB 411 Bias Crimes Information and Documentation Act; enact............................................HB 842 Brandon Act; enact...............................................................................................................HB 43 Certain disability; retain weapon and badge..................................................................HB 410 Certain indictments; procedures.......................................................................................HB 258 Chiefs of police and law enforcement department heads; training requirement........................................................................................HB 1564 Communications officers and dispatch centers; training in telecommunications devices for the deaf................................................HB 812 Concealed weapons; licensure; exempt State Patrol and GBI retirees .......................SB 427 Conservation rangers; provide new designation..............................................................SB 514 Corrections; Board of, Department of, and commissioner of; change names..............................................................................................................SB 671 Driving under the influence; chemical tests; amend provisions..................................HB 964 Emergency medical treatment; attempted suicide...........................................................SB 36 Employees' Retirement; certain law enforcement personnel; retire at age 55.............................................................................................HB 382 Federal officers; powers .....................................................................................................HB 163 Firearms possession; restrictions; exemptions; search and rescue dogs; define................................................................................................HB 1425 Firearms; state compliance with Brady Law..................................................................HB 290 Fleeing or attempting to elude police officer; designate felony; penalties............................................................................................................HB 1187 Georgia Crime Information Center; certain records; landlords obtain.......................HB 122 Georgia Drugs and Narcotics Agency; agents retain badge and weapon.....................HB 92 Georgia Street Gangs Act of 1998; enact; Georgia Street Gang and Terrorism Prevention Act; comprehensive revision of provisions....................................................................................................HB 1391 Health records; psychological or psychiatric examinations........................................HB 1410 Indemnification; certain National Guard members and firemen; workers' compensation; National Guard ..............................................SB 592 Indemnification; certain National Guard members; workers' compensation...................................................................................................HB 704 Indemnification; state highway employees.....................................................................HB 368 Indemnification; state highway employees ......................................................................SB 117 Indemnification; state highway employees - CA............................................................HR 171 Indemnification; state highway employees - CA..............................................................SR 64 Joint Study Committee on Local Law Enforcement Officer Salaries and Benefits; create .........................................................................HR 1099 Juveniles; fingerprinting; criminal records; amend provisions .....................................SB 421 Law enforcement officers; certain arrest entry; require search warrant....................HB 953 Motor vehicle accident reports; disclosure ...................................................................HB 1367 Municipal probation officers; training and certification............................................HB 1216 Municipalities; forfeited real property; sales to law enforcement officers................................................................................................HB 268

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2864

INDEX

LAW ENFORCEMENT OFFICERS AND AGENCIES (Continued) Municipalities; forfeited real property; sales to law enforcement officers................................................................................................HB 280 Murder of certified peace officer; define offense............................................................SB 570 Office of Highway Safety; certain employees; peace officers.......................................HB 685 Open records; exempt personal information................................................................HB 1499 Peace Officers' Annuity and Benefit; include certain children and youth services employees.......................................................................HB 759 Peace Officers' Annuity and Benefit; retiree; reemployment......................................HB 243 Peace officers; disbursement of training funds...............................................................SB 200 Peace officers; establishment of minimum salary; General Assembly recognize need.................................................................................SR 586 Peace officers; oath of office; amend provisions............................................................HB 458 Peace Officer Standards and Training Act; change certain definitions.....................HB 791 Police chiefs and wardens; training requirement...........................................................HB 113 Police volunteers; provisions.............................................................................................HB 366 Process servers; eligibility; appointment by certain court .........................................HB 1196 Sadie Act; enact................................................................................................................HB 1204 Sentencing for certain murders; death or life without parole...................................HB 1328 Sheriffs; certain fines; add 2% surcharge.....................................................................HB 1355 Sheriffs; certain fines; add 2% surcharge.....................................................................HB 1489 Sheriffs; qualifications; training; redefine peace officer................................................SB 142 Speed detection devices; radar permit; full-time officer required..............................HB 190 Speed detection devices; require employment of certified peace officers .................................................................................................HB 1738 State patrol; trooper appointment; eligibility requirements.........................................SB 586 Stone Mountain Memorial Association; exercise of police powers ..............................SB 604 Teachers, personnel, and students; certain student assault; reports............................HB 42 Watercraft; speed restrictions; accidents......................................................................HB 1395 Witness fees; include certain college or university police officers ..............................HB 595
LAWHORNE, GERVAISE; condolences......................................................................HR 1433
LAWSON, LAURA A.; commend..................................................................................HR 1149
LEAD POISONING PREVENTION WEEK Recognize third week in August.......................................................................................HR 415 Recognize third week in July...................................................,........................................HR 467
LEE COUNTY Chief magistrate; nonpartisan election..........................................................................HB 1843 Magistrate court; law library fee....................................................................................HB 1845 Probate judge; nonpartisan election ..............................................................................HB 1844 Utilities authority; members; compensation.................................................................HB 1847
LEE, REVEREND EDWARD; commend...................................................................HR 1144
LEGAL ADVERTISING Condemnation procedures; amend provisions................................................................HB 155 Elections; amend provisions...............................................................................................SB 593 Judicial sales; real property; legal ad include description..........................................HB 1406 Open meetings; change in time or place; notice..........................................................HB 1825
LEGISLATIVE COUNSEL; communications.............................Pages 27, 28, 554, 556, 558
LIABILITY AND LIABILITY INSURANCE Advanced practice registered nurses; provisions............................................................HB 462 Automated external defibrillators; provide for easier public access............................SB 566 Automobile Personal Safety Act of 1998; enact...........................................................HB 1745 Child custody; amend provisions....................................................................................HB 1554

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INDEX

2865

LIABILITY AND LIABILITY INSURANCE (Continued) Civil practice; service of offers of settlement; provisions; contracts; torts; repeal certain provisions................................................SB 524 Communications Fraud Act of 1997; enact..................................................................HB 1057 Computers; generation of incorrect date; prohibit certain causes of action................................................................................................HB 1899 Dangerous dogs; amend provisions ..................................................................................HB 455 Emergency medical treatment; attempted suicide ...........................................................SB 36 Fishing location owners and operators..........................................................................HB 1633 Georgia Nursing Limited Prescription Authority Demonstration Act; enact............................................................................................HB 1751 Health records; governmental entities furnish to employees........................................SB 599 Health; septic systems; placement by counties............................................................HB 1113 Insurance; certain medical benefits; reimbursement.....................................................HB 553 Insurance fraud; change definition; civil immunity......................................................HB 493 Insurers; bad faith refusal to timely pay claim ..............................................................SB 657 Land surveyors; actions for damages; time limitation...................................................SB 147 Mortgage lenders; failure to pay insurance premiums..................................................HB 478 Natural Resources, Department of; exemption of certain property from liability ....................................................................................HB 1813 Persons supervising children; criminal records checks ...............................................HB 1271 School Safety Act; enact.....................................................................................................SB 161 Securities; retirement savings loss; liability..................................................................HB 1789 State and local government; tort liability immunity; certain computer errors ..................................................................................................SB 638 State-owned wildlife; certain damage; sovereign immunity; waiver ...........................HB 836 Telemarketing practices; prohibitions; penalties; telephone directory listings for nonlocal business...................................................HB 1420 Threats and use of force; allow in defense of dwellings, businesses, and motor vehicles....................................................................SB 476 Title insurance; amend provisions.................................................................................HB 1662 Torts; automobile air bags; failure to deploy.................................................................HB 978 Torts; certain resident physicians; immunity.................................................................HB 790 Torts; chiropractors and physical therapists; voluntary health care services.....................................................................................HB 1641 Torts; duty of care; psychologists, physicians, professional counselors...................................................................................................HB 440 Torts; health benefits plan; administrator exercise ordinary diligence.........................................................................................................HB 1269 Torts; implanting of certain devices; physicians' immunity ......................................HB 1907 Torts; imputable negligence; liability for malicious acts of minor ................................SB 89 Torts; parks and recreation volunteers; liability...........................................................HB 488 Torts; wrongful death; increase surviving spouse share.............................................HB 1693 Venue; tortfeasors residing in different counties............................................................SB 372 Workers' compensation; Self-Insurers Guaranty Trust Fund; powers of board; certain audits ..............................................................SB 166
LIBERTY COUNTY Constitutional officers; prohibit certain compensation...............................................HB 1809 Homestead exemption; certain residents ......................................................................HB 1826 Homestead exemption; certain residents......................................................................HB 1827 Homestead exemption; certain residents......................................................................HB 1828 Homestead exemption; certain residents .........................................................................SB 704 Tax commissioner; compensation...................................................................................HB 1810
LIBRARIES County law libraries; fees; codification of county ordinances ......................................SB 134 Librarians, State Board for the Certification of; repeal provisions............................HB 581

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2866

INDEX

LIBRARIES (Continued) Parenting books; encourage placement in public libraries...........................................HR 997 Technical and Adult Education; Archives and History; authorize certain library funding................................................................HB 1705
LICENSE PLATES AND REGISTRATION Ad valorem tax; exempt former prisoners of war........................................................HB 1881 Agriculture, Department of; establish certain animal control program...................HB 1638 Amend provisions .............................................................................................................HB 1567 Civil War historic sites; acquisition; funding; special plates ........................................SB 178 Motor vehicles; ad valorem tax; disposition of certain fees - CA...............................HR 256 Motor vehicles; amend provisions....................................................................................HB 450 Motor vehicles; certain records; bulk distribution ........................................................HB 511 Motor vehicles; certain registration periods; increase to 45 days .............................HB 1494 Motor vehicles; dealer's advertisement; purchaser's consent.......................................HB 569 Motor vehicles; liability insurance requirement; amend provisions ............................SB 538 Motor vehicles; license plate display; amend provisions ................................................HB 51 Motor vehicles; license plates; certain transparent covers...........................................HB 907 Motor vehicles; registration and licensing of vehicle fleets .......................................HB 1484 Motor vehicles; registration periods; certain counties ................................................HB 1190 Motor vehicles; registration; prohibit requiring social security number ...................................................................................................HB 102 Motor vehicles; registration records; inspection by private detectives ......................HB 116 Motor vehicles; registration records; inspection by private detectives ......................HB 628 Motor vehicles; transfer of license plates and decals; ad valorem tax.....................HB 1569 Motor vehicles; unregistered; tag agent issue certain notice .....................................HB 1607 Non-wartime disabled veterans; provide free plates and decals.................................HB 550 Roadside enhancement and beautification fund; General Assembly provide - CA....................................................................................SR 559 Special commemorative plates; provisions......................................................................HB 449 Special plates; amend provisions....................................................................................HB 1430 Special plates and decals; promoting the arts in Georgia ..........................................HB 1155 Special plates; antique, hobby, or special interest vehicles; decrease dimensions ........................................................................................SB 471 Special plates; certain programs to benefit dogs and cats...........................................HB 839 Special plates; "Choose Life"..........................................................................................HB 1281 Special plates; colleges or universities; amend provisions............................................HB 870 Special plates; colleges or universities outside state.....................................................HB 826 Special plates; decals; certain handicapped persons.....................................................HB 435 Special plates; Georgia Bowler's Association..................................................................HB 813 Special plates; habitual violators......................................................................................HB 139 Special plates; 100 Black Men of America, Inc; 100 Black Men of Atlanta, Inc........................................................................................................HB 559 Special plates; Pearl Harbor veterans; lower fees .......................................................HB 1523 Special plates; Prince Hall Masons of Georgia..............................................................HB 560 Special plates; promote recycling........................................................................................SB 63 Special plates; retired reservists retain ............................................................................SB 198 Special plates; Shrine hospitals ........................................................................................HB 110 Special plates; Shrine hospitals for disabled children ..................................................HB 723 Special plates; "Support Adoption".............................................................,.................HB 1067 Special plates; "Support School Nurses"......................................................................HB 1370 Special plates; "Supporting Public Schools"..................................................................HB 422 Special plates; United States Disabled Athletes Fund; fees and costs ....................HB 1538 Special plates; U. S. veterans of the 1950 Chosin Reservoir Campaign, North Korea ...............................................................................SB 518 Special plates; veterans; lower manufacturing fee.........................................................HB 615 Special plates; World War II Eighth Air Force veterans.............................................HB 923 Tag agents; retention of fee for modernization and technology................................HB 1749

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2867

LICENSE PLATES AND REGISTRATION (Continued) Used motor vehicle dealers; provisions...........................................................................HB 581 Used motor vehicles; dealers and parts dealers; certain practices; regulate............................................................................................HB 1683
LICENSES (Also, see Named License) Alarm systems monitoring contractors............................................................................HB 191
Alcohol beverage sales; dealer; residence of applicant; school building; define..................................................................................SB 111
Alcoholic beverage sales; transfer of table wine...........................................................HB 1384 Automobile Teenage Protection Act of 1997; enact........................................................HB 20 Bail recovery agents; licensing and regulation .............................................................HB 1136 Boxing; regulation; State Boxing Commission...............................................................HB 396 Brewpubs; amend provisions .............................................................................................SB 289 Cable television; failure to scramble premium channels; penalty.............................HB 1078 Certain occupation licenses; denial or revocation;
failure to pay education loans......................................................................................HB 884 Child support; seizure of deposits; suspension of certain licenses ..............................HB 828 Class M drivers' licenses; motorcycle safety
training; headgear; amend provisions........................................................................HB 1070 Commercial fishing license; commercial food shrimp
cast netting license.......................................................................................................HB 1315 Concealed weapons; exempt district attorneys emeritus..............................................HB 372 Concealed weapons; exempt municipal and city judges...............................................HB 523 Concealed weapons; exempt superior court reporters...................................................HB 481 Conditioned air contractors; unlicensed activity;
cease and desist orders; forfeiture of property..........................................................HB 300 Convalescent equipment providers; regulate..................................................................HB 134 Cosmetologists; regulate .....................................................................................................SB 615 Courtesy nonresident fishing license; certain disabled veterans..................................SB 649 Courtesy nonresident fishing license; certain veterans;
fishing location operators; liability............................................................................HB 1633 Courts; certain counties; allow use of courthouse annex............................................HB 1755 Crabs; commercial crabbing license; records; crab traps............................................HB 1444 Dating Service Act of 1997; enact....................................................................................HB 757 Dental practice; qualifications ........................................................................................HB 1049 Dentistry; amend provisions.............................................................................................HB 827 Driver's license and driving permit; amend provisions...............................................HB 1141 Driver's license and identification card; fingerprinting; prohibit....................................HB 5 Driver's license and identification card; fingerprinting; prohibit..................................HB 48 Driver's license and identification card; fingerprinting; prohibit..................................HB 53 Driver's license and identification card; fingerprinting; prohibit................................HB 247 Driver's license and identification card; fingerprinting; prohibit................................HB 303 Driver's license and identification card; fingerprinting; prohibit ....................................SB 2 Driver's license and identification card; fingerprinting;
prohibit; destroy certain records ....................................................................................HB 25 Driver's license and identification card; fingerprinting;
prohibit; destroy certain records ....................................................................................HB 29 Driver's license and identification card; renewal by mail ............................................HB 350 Driver's license; assessment of points; speeding in school zone..................................HB 605 Driver's license; certain information; disclose to
members of General Assembly ...................................................................................HB 1153 Driver's license; certain revocations; persons 18
or older; limited driving permit..................................................................................HB 1149 Driver's license; certain revocations; persons 18
or older; limited driving permit..................................................................................HB 1150 Driver's license; certain suspension; location of requested hearing ............................HB 652 Driver's license; certain suspension; terminate upon guilty plea..............................HB 1215

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2868

INDEX

LICENSES (Also, see Named License) (Continued) Driver's license; distinguishable markings for DUI conviction ......................................SB 82 Driver's license fee; payment by cash or check .............................................................HB 242 Driver's license; learner's permit issued by another state; apply toward eligibility .........................................................................SB 403 Driver's license; limited driving permits; certain offenses.........................................HB 1198 Driver's license; minors; amend provisions........................................................................SB 17
Driver's license; minors; educational requirements..........................................................SB 38 Driver's license; persons under age 17; driver education course ...................................HB 91
Driver's license; persons under age 18; driver education course .................................HB 468 Driver's license; persons under age 21; driver education course ...................................HB 28
Driver's license; replacement; fee.......................................................................................HB 62 Driver's license; require driver education course;
public schools offer.......................................................................................................HB 1223
Driver's license suspension; motor vehicle insurance; prepayment ..........................HB 1260 Driving under the influence; chemical tests; amend provisions ....................................HB 17 Driving under the influence; chemical tests; under
age 21; change provisions ................................................................................................HB 27 Driving under the influence; three or more convictions;
permanent revocation of driver's license.....................................................................HB 847 Education; speech pathology services; certain contracts..............................................HB 699 Financial institutions; extensive revision of provisions ..............................................HB 1354
Firearms; carrying without license; certain correctional employees ...........................HB 896 Funeral directors and embalmers; apprenticeship ........................................................HB 132 Funeral directors and embalmers; apprenticeships; amend provisions....................HB 1478
Funeral directors and embalmers; apprenticeships; crematory licenses .....................SB 344 Game and fish; amend provisions..................................................................................HB 1352 General contractors; registration......................................................................................HB 192
Georgia Medical Board; create; medical practice; revise laws...................................HB 1296 Graduated driver's license; recognize licenses of other states ...................................HB 1427
Hospitals; prohibit denial of certain staff privileges......................................................SB 138 House Midwife Licensing Study Committee; create...................................................HR 1229 Independent Agricultural Crop Consultants Act; enact .............................................HB 1369
Insurance State of Entry Act of 1998; enact................................................................HB 1106 Legal representation; corporations and limited
liability companies; prohibitions; exception ...............................................................HB 993 Lifetime sportsman's license; create; Wildlife
Endowment Fund; establish........................................................................................HB 1640 Limousine carriers and passenger vans; regulations .....................................................HB 285 Marriage; authorize federal judges to perform ceremonies ..........................................HB 249
Marriage; mayors perform ceremonies............................................................................HB 742 Medical Examiners, Composite State Board of; function as state agency ................HB 932 Mortgage brokers; out-of-state applicants....................................................................HB 1496 Motor vehicle insurance; driver's license suspension; notice .......................................HB 154
Motor vehicles; driver's record; furnish to General Assembly member......................SB 616 Motor vehicles; liens; salvage; special plates;
certificates of title; licensing; ad valorem tax return..............................................HB 1430
Motor vehicles; registration and licensing of vehicle fleets .......................................HB 1484 Nannies; licensing.............................................................................................................HB 1893
Natural resources; off-road vehicles; regulate..............................................................HB 1006 Pharmacists and pharmacies; comprehensive revision
of provisions; Georgia Drugs and Narcotics Agency .................................................HB 330
Private detective and private security business; amend provisions..........................HB 1704 Private detectives; licenses; qualifications ......................................................................HB 905 Professional counselors; master's level psychologists; licensing ....................................HB 96
Professional Employer Organization Act; enact..............................................................HB 26 Professional engineers and land surveyors; persons
not certified; penalties .................................................................................................HB 1445

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2869

LICENSES (Also, see Named License) (Continued) Professions and businesses; terminate certain licensing boards and commissions................................................................................HB 581 Psychologists; license reciprocity agreements.................................................................HB 274 Quality basic education; driver education; driver's licenses and permits; amend provisions.......................................................................SB 445 Real estate appraisers, brokers, and salespersons; amend provisions ......................HB 1263 Sales tax exemption; certain sales to home health agencies........................................HB 144 Schools; driver education course; establish curriculum; driver's license requirement...................................................................HB 1152 Seafood, meat, and poultry; sale from mobile vehicle; licensing provisions ...........................................................................................SB 500 State examining boards; amend provisions ..................................................................HB 1651 State Licensing Board for General Contractors; create................................................HB 343 Structural pest control contracts; certain information .................................................HB 156 Talent agencies; regulate...................................................................................................HB 257 Utility contractors; amend provisions.............................................................................HB 664 Warehouse receipts; cotton; electronic warehouse receipts...........................................SB 544 Young Drivers Safety Act of 1997; enact........................................................................HB 131
LIENS AND MORTGAGES Abandoned motor vehicles; foreclosures; sales; amend provisions..............................HB 521 Abandoned motor vehicles; removal or storage; amend provisions............................HB 375 Abandoned motor vehicles; removal; storage; liens........................................................SB 249 Assessment liens; condominium associations; limit attorney's fees..........................HB 1775 Child support lien; motor vehicle requiring certificate of title .................................HB 1430 Financial institutions; extensive revision of provisions..............................................HB 1354 Garbage collection services; limit imposition of liens.................................................HB 1766 Housing; down payment assistance; federal funds........................................................HB 469 Liens in favor of funeral directors; provide..................................................................HB 1214 Mechanics' and materialmen's liens; certain imperfected liens; provide process to void...................................................................SB 508 Mechanics' and materialmen's liens; certain property of contractor; amend provisions...................................................................HB 756 Mechanics' and materialmen's liens; defective notices; voiding of record for lack of notice.............................................................HB 1696 Mortgage brokers and lenders and check cashers; denial or revocation of license; failure to pay education loans ...............................HB 884 Mortgage brokers and lenders; certain required reports; exception ...........................HB 725 Mortgage brokers; licenses; out-of-state applicants ....................................................HB 1496 Mortgage lenders; failure to pay insurance premiums; liability ..................................HB 478 Motor vehicles; certificates of title; processing..............................................................HB 452 Professional engineers and land surveyors; nonmonumentation surveys; standards.......................................................................HB 555 Property; certain lenders; prohibit requiring mortgage insurance..............................HB 913 Self-service storage facilities; personal property..........................................................HB 1819
LIEUTENANT GOVERNOR Communications .............................................................................................Pages 555, 557, 559 Ethics in government; prohibit certain mass mailings .................................................HB 873 Term limits - CA ..................................................................................................................HR 78
LIFE INSURANCE Allow premium payments from employee contributions............................................HB 1687 Child support; include premiums......................................................................................SB 231 Prohibit discrimination against abuse victims...............................................................HB 390
LIMOUSINE CARRIERS AND TAXICABS Motor vehicle self-insurers; taxicabs; certain counties ...............................................HB 1448

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2870

INDEX

LIMOUSINE CARRIERS AND TAXICABS (Continued) Motor vehicles; taxicab self-insurers; certain counties.................................................HB 753 Regulations..........................................................................................................................HB 285
LINCOLN COUNTY; board of education; nonpartisan election..............................HB 1757
LINGAM, SASHI KIRAN; commend ..........................................................................HR 1012
LIPSCOMB, JAMIE PRICE; invite to House ...........................................................HR 1169
LITHIA SPRINGS, CITY OF; deannex certain property........................................HB 1911
LITTER Definition; include cigarette butts...................................................................................HB 248 Highways; outdoor advertising; roadside enhancement and beautification; council and fund............................................................................SB 337
LITTLE, CANDICE; invite to House ...........................................................................HR 1053
LIVELY, RALPH AFORD; commend ...........................................................................HR 808

LIVER AWARENESS MONTH Designate May, 1998 ..........................................................................................................HR 893 Designate May, 1998 ...........................................................................................................SR 592
LIVESTOCK Ad valorem tax; exempt dairy cattle................................................................................SB 419 Ad valorem tax; exempt livestock..................................................................................HB 1127 Southern Dairy Compact; enact.....................................................................................HB 1371 Southern Dairy Compact; enact........................................................................................SB 420 Special sales; bonds; exempt 4-H clubs and Future Farmers of America......................................................................................................HB 1460
LOANS Housing authorities; certain loans not usurious ..........................................................HB 1604 Mortgage brokers and lenders and check cashers; denial or revocation of license; failure to pay education loans...........................................HB 884 Mortgage brokers and lenders; certain required reports; exception ...........................HB 725 Mortgage brokers; licenses; out-of-state applicants ....................................................HB 1496 Mortgage lenders; failure to pay insurance premiums; liability..................................HB 478
LOBBYING Ethics in government; lobbyists and General Assembly; prohibitions.......................HB 874 General Assembly Integrity Act of 1997; enact.................................................................HB 3 General Assembly Integrity Act of 1997; enact...............................................................HB 13 General Assembly; lodging paid by lobbyists; prohibit..............................................HB 1110 Lobbyists; prohibit presence on third floor of capitol................................................HB 1795 Lobbyists; registration; amend provisions ....................................................................HB 1581
LOCAL GOVERNMENT (Also, see Counties or Municipalities) Annexation; effective date; zoning .................................................................................HB 1603 Annexation; electors required; increase to 70%...........................................................HB 1259 Annexation; notice by municipalities; amend provisions.............................................HB 259 Annexation; redefine unincorporated island ..................................................................HB 529 Annexation; 60% method; unincorporated islands; amend provisions ....................HB 1262 Authorities; registration; include members' names .....................................................HB 1557 Beer and wine; Sunday sales statewide - CA...................................................................HR 52 Budgets; amend provisions..............................................................................................HB 1431 Budgets and audits; grant certification.........................................................................HB 1364 Cable television; failure to scramble premium channels; penalty.............................HB 1078 Certain motor vehicles; identifying markings ................................................................HB 624

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2871

LOCAL GOVERNMENT (Also, see Counties or Municipalities) (Continued) Certain projects; prepare cost estimation.....................................................................HB 1330 Certain projects; prepare ten-year cost estimation .....................................................HB 1311
Certain proposed lake property; disposition ..................................................................HB 867 Certain real property; competitive bids............................................................................HB 32 Certain vehicles; identifying markings..........................................................................HB 1461
Collection of certain taxes; special districts .................................................................HB 1095
Communications officers and dispatch centers; training in telecommunications devices for the deaf................................................................HB 812
Counties and municipalities; certain appropriations; require referendum.........................................................................................................HB 552
Counties; certain authorities; authorize certain charitable grants or contributions.................................................................................SB 567
Counties; certain rock quarries; written consent required...........................................HB 262
County boards of commissioners; reapportioning procedure.....................................HB 1111 County codes; applicability to electric power facilities.................................................HB 894 County law libraries; fees; codification of county ordinances ......................................SB 134
County officials; nonpartisan elections..........................................................................HB 1512 Court records and county documents; storage within state; provisions.....................HB 910 Disability commissions; establish......................................................................................SB 383 Elections; early voting provisions.....................................................................................HB 544
Elections; eliminate certain primaries; extensive revision of provisions....................................................................................................HB 1477
Eminent domain; exercising outside territorial boundaries; prohibit.......................HB 1261 Environmental Protection Agency nonattainment area;
incinerating sludge; prohibition phase-in....................................................................HB 690 Fulton County; purchasing department; public letting and bids..............................HB 1452
Garbage collection services; limit imposition of liens .................................................HB 1766 Garbage collection services; optional...............................................................................HB 758 Georgia Municipal Courts Training Council; membership; appointment................HB 1199
High schools; certain sporting events; prohibit charge for broadcasting ..............................................................................................................HB 996
Housing; down payment assistance; federal funds ........................................................HB 469
Income tax credits; certain businesses in less developed counties; extend certain tax exemption..................................................HB 1147
Income tax credits; extend certain exemptions in certain counties............................HB 504
Income tax credits; tier 1, 2, and 3 counties; certain facilities; increase carry forward period .......................................................HB 1146
Income tax; gradual reduction; abolish 1/1/2009; repeal or conform related provisions .........................................................................HB 1218
Municipal charter commissions; create .............................................................................HB 23 Municipal courts; certain cases; authorize trial and disposition.................................HB 949
Municipal courts; certain executions; trial in superior courts......................................SB 125 Municipal courts; certain shoplifting cases; disposal ..................................................HB 1206 Municipal courts; jurisdiction; certain offenses .............................................................HB 808 Municipal courts of certain consolidated governments;
misdemeanor jurisdiction; repeal................................................................................HB 1441 Municipalities; certain rock quarries; written consent required .................................HB 261 Municipalities, counties, and local authorities;
utilities; contracts specifying rates and fees.............................................................HB 1160 Municipalities; employee benefits; define "dependent".............................................HB 1193 Municipalities; forfeited real property; sales to
law enforcement officers................................................................................................HB 268 Municipalities; forfeited real property; sales to
law enforcement officere................................................................................................HB 280 Municipalities; incorporation; minimum distance; change time..................................HB 320 Municipalities; minimum distance requirements;
applicability after certain date...........................................................,.......................HB 1515

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2872

INDEX

LOCAL GOVERNMENT (Also, see Counties or Municipalities) (Continued) Municipalities; water and sewer systems; private contracts.........................................SB 318 Open meetings; change in time or place; notice..........................................................HB 1825 Private toll roads and bridges; licensing authority .....................................................HB 1486 Privatization; require referendum....................................................................................HB 357 Property; processioning; apply in incorporated municipalities .................................HB 1208 Real property; transfer to or exchange with local boards of education...................HB 1550 Records management improvement; commend............................................................HR 1073 Redevelopment powers; amend provisions ...................................................................HB 1635 Redevelopment powers; tax allocation; amend provisions .........................................HB 1438 Redevelopment; tax allocation; city business improvement districts .......................HB 1485 Revenue bonds; powers of eminent domain; amend provisions ..................................HB 852 Rezoning; certain hearings; posting of signs....................................................................SB 521 Schools; build on state property; county property; transfer to county board of education..........................................................................SB 612 Service area; redefine; boundary designation...............................................................HB 1510 Special county 1% sales tax; audit report schedule; auditor's report......................HB 1433 State financing; local sales taxes; exempt certain contractors...................................HB 1765 Theft by taking; certain value; municipal court jurisdiction .....................................HB 1580 Transportation, Department of; opposition to certain projects; limit actions......................................................................................HB 1361 Urge Governor and GEMA to assist in recovery from weather damage .................HR 1309 Volunteer fire departments; nonprofit corporation..........................................................SB 30 Zoning and building inspections; nonelected city and county employees; prohibit certain action................................................................HB 1073 Zoning; automatic zoning of certain property; drug dependency facility; hearings ...............................................................................SB 600 Zoning; constitutionality; trial provisions.......................................................................HB 302 Zoning; newly annexed property; review and comment period.................................HB 1047 Zoning; redefine "zoning decision"; special use permit.................................................SB 573 Zoning; transfer of development rights.........................................................................HB 1540
LOGAN, DONALD "DON" B.; condolences...............................................................HR 1452
LOITERING Housing authorities; certain loans not usurious; certain nonresidents; prohibit presence on property ..............................................HB 1604 On school premises; prohibit; penalty...........................................................................HB 1255
LOTTERY Advertisements; include odds of winning.......................................................................HB 536 Campaign contributions; certain candidates; prohibit from lottery vendors.....................................................................................................HB 1589 Campaign contributions; lottery and gambling vendors; prohibitions.....................HB 1680 Educational purposes and programs; reciprocal programs.........................................HB 1741 Educational purposes and programs; redefine...............................................................HB 210 Employees' Retirement; lottery corporation; employee choice.....................................SB 290 Employees' Retirement; lottery employees; elect non-membership...........................HB 477 Georgia Lottery Corporation employees; membership; Employees' Retirement..................................................................................................HB 441 Grants for education; students earning A's..................................................................HB 1678 HOPE grants, scholarships, and vouchers; eligibility; ineligibility...........................HB 1556 Local public school systems; General Assembly provide for finance and support - CA........................................................................................HR 516 Proceeds; grants; certain Department of Children and Youth Services schools...........................................................................................HB 939 Proceeds; specify purposes for which used - CA .........................................................HR 1002 Proceeds; uses; specify educational programs and purposes - CA...............................SR 529 Retailers; compensation .....................................................................................................HB 934

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2873

LOVETT, MARGARET; commend ...............................................................................HR 1244
LOWNDES COUNTY; board of commissioners; meetings........................................HB 1699
LTJMPKIN COUNTY Chief magistrate; compensation .....................................................................................HB 1833 Convey property; repeal previous authorization.............................................................SR 581 Northeastern Judicial Circuit; district attorney; salary supplement........................HB 1841 Northeastern Judicial Circuit; superior court judges; salary supplement..................................................................................----.--HB 1840

M

MABRY, HONORABLE W. L. "PUG"; commend.....................................................HR 766
"MACK MATTINGLY HIGHWAY"; designate .........................................................HR 648
MACON, CITY OF Macon-Bibb County; joint board of health; repeal amendment creating................HB 1849 Macon Water Authority Act; amend provisions--......................................................... HB 710
MACON COUNTY Boards of commissioners and education; districts--.................................................... HB 1846
MADISON COUNTY Board of commissioners; compensation....................--..................................................HB 1895 Board of commissioners; repeal mandatory retirement..--......................................... HB 1017 Certain officials; salary supplement--............................................................................ HB 1842 Type government; advisory referendum .......................................................................HB 1794
MAGISTRATE COURTS Certain fees; amend provisions........................----...........................................................HB 519 Chief magistrate; vacancy; superior court appoint temporary....................................HB 402 Civil claims jurisdiction; $15,000...-........................-..........-.........--.......----....--SB 325 Clerks and magistrates; compensation; courthouses; annex facilities...------........... HB 1413 Court documents; grounds for refusal; exclude font size or type.............................HB 1197 Filing fees; maximum amount..........................................................................................HB 327 Fire and other hazards; regulation; citations for noncompliance.................................SB 608 Judicial assistance; permanent basis; magistrates as permanent assisting judges; certain counties......................................................HB 1642 Magistrates; compensation; prohibit contrary local laws.......................................--.HB 1546 Magistrates; judicial assistance; certain counties; qualifications----..........................HB 981 Magistrates; qualifying fees...................................................-..............-...........-........HB 1202 Magistrates; training; certification..............................................................................--HB 1200 Superior court; appeals from magistrate court; placement on calendar; bench trial............................................................................HB 1186
MALONE, PATRICK THOMAS, M. D.; commend..............-..--..........................HR 974
MALONE, ROY; commend.--...-......-........--.....--....-.-...........-.....-...---..^ 1382
MALT BEVERAGES (See Alcoholic Beverages and Alcoholism)
MANASSAS, CITY OF; new charter.......................................--...............................HB 1525
MANCHESTER HIGH SCHOOL FOOTBALL TEAM; invite to House............HR 941
MANIGAULT, ERNESTINE E.; condolences........................................................... HR 1182
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2874

INDEX

MANUAL, TRAYVIS;commend.....................................................................................HR 768
MARIETTA, CITY OF Cobb County-Marietta Water Authority; membership; chairperson........................HB 1834 Railroad crossings; urge CSX reopen..............................................................................HR 422 Railroad crossings; urge CSX reopen............................................................................HR 1074
MARIJUANA Abernathy, Senator Ralph David, III; vote impeachment charges .............................HR 722 Asset forfeiture; proceeds; certain drug rehabilitation programs..............................HB 1285 Candidates; mandatory drug testing; commission of certain drug related offenses.......................................................................................HB 1139 Controlled substances; sale or distribution to minor; sentencing; amend provisions.....................................................................................HB 1286 Controlled Substances Therapeutic Research Act; repeal...........................................HB 370 District attorneys; appointment of assistants to prosecute drug cases.......................SB 523 Nuisances; drug related activity; actions to abate and enjoin...................................HB 1719 Nuisances; places used for unlawful sexual purposes; drug related object prosecution.........................................................................................SB 7 One ounce or less; subsequent offenses...........................................................................HB 538 Physician's assistants; certain prescriptions; register with drug enforcement administration......................................................................HB 1332 Real property; drug-related activity; redefine terms.....................................................HB 534 Transportation, Department of; enforcement officers; powers..................................HB 1128
MARION COUNTY Board of education; compensation.................................................................................HB 1559 Chattahoochee Judicial Circuit; superior court judges; supplement ...........................SB 584
MARRIAGE (Also, see Domestic Relations) Ceremonies; authorize federal judges to perform..........................................................HB 249 Ceremonies; mayors perform ............................................................................................HB 742 Courts; certain counties; allow use of courthouse annex............................................HB 1755 Covenant Marriage Act; enact........................................................................................HB 1138 Covenant Marriage Act; enact...........................................................................................SB 440 Divorce; marriage irretrievably broken; limit use..........................................................HB 434 Divorce; marriage irretrievably broken; time for granting...........................................HB 548 Income tax; married persons; change certain tax tables..............................................HB 146 Insurance; surviving or divorced spouse; amend provisions........................................HB 720 Intestate succession; year's support; deserting spouse or parent ..............................HB 1568 Intestate succession; year's support; deserting spouse or parent ..............................HB 1872 Marriage Penalty Repeal Act; enact..................................................................................HB 16 Minors under age 16; parental consent required...........................................................HB 141 Rights of parties and children; certain actions of churches.......................................HB 1302 Torts; wrongful death; increase surviving spouse share .............................................HB 1693
MARRIAGE AND FAMILY THERAPISTS Mentally ill or alcoholic or drug dependent persons; certain emergency examinations; counselors or therapists .........................................SB 99 Professional counselors; master's level psychologists; licensing....................................HB 96 Torts; duty of care..............................................................................................................HB 440
MARTA (METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY) Board of directors; appointments; terms.........................................................................SB 315 Certain reserve funds; authorize investments ..............................................................HB 1219 Contracts; amend provisions.............................................................................................HB 666 Contracts; amend provisions.......................................................................................-..HB 1094
MARTSON, COLONEL JAMES T.; commend.........................................................HR 1289

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2875

MASS TRANSPORTATION House Study Committee on Transportation; create.....................................................HR 573 Joint Georgia Transportation Study Committee; create ..............................................HR 464 MARTA; board of directors; appointments; terms ........................................................SB 315 MARTA; certain reserve funds; authorize investments..............................................HB 1219 MARTA; contracts; amend provisions............................................................................HB 666 MARTA; contracts; amend provisions ..........................................................................HB 1094 Mass transportation services; contract provisions; counties and municipalities...........................................................................................HB 236 Public transit; prohibit certain conduct...........................................................................SB 444 Rail Passenger Authority; study passenger rail service................................................HR 395 Regional Transportation Plan; express support for projects and programs...........................................................................................HR 1100
MATTHEW A. TOWERY BRIDGE; designate.........................................................HR 1111
MCBEE, HONORABLE LOUISE; committee assignment .......................................Page 24
MCCLINTON, HONORABLE EMORY Election; State Transportation Board; Fifth Congressional District .......................Page 554
MCCLUNG, A. J.; commend ...........................................................................................HR 1415
MCCOY, CHRIS; invite to House ....................................................................................HR 835
MCDONALD, LARRY Fifteenth anniversary of his death; express gratitude ................................................HR 1350
MCDUFFIE COUNTY; grant easement..........................................................................SR 530
MCDUFFIE, DELIA; condolences.................................................................................HR 1089
MCEACHERN HIGH SCHOOL WRESTLING TEAM; commend....................HR 1213
MCGARITY, HAROLD; condolences ...........................................................................HR 1009
MCINTOSH COUNTY; board of education; compensation......................................HB 1884
MCKINNEY, CYNTHIA AND LORETTA SANCHEZ; invite to House .........HR 1023
MCKINNEY, JAMES EDWARD "BILLY" DAY Proclaim February 23, 1998 ............................................................................................HR 1153
MCKISSICK, CHASE; commend....................................................................................HR 760
MEDICAL ASSISTANCE, DEPARTMENT OF Certain provider participation; termination......................................................................SB 44 Certificate of need; amend provisions; Indigent Care Trust Fund.............................HB 373 Children's Health Insurance Plan Act; enact...............................................................HB 1787 Drug formulary; prohibit restricting physicians ............................................................HB 509 Health Care Study Commission; create..........................................................................HR 364 Health maintenance organizations; allow marketing toMedicaid recipients..................................................................................................HB 1326 Health maintenance organizations; allow marketing to Medicaid recipients..................................................................................................HB 1408 Hospital authorities; nonparticipation in certain program; prohibit state funds.......................................................................................HB 859 Hospital inpatient services; provide for uniform reimbursement................................SB 575 Hospital inpatient services; reimbursement .................................................................HB 1235 Long Term Care Choice Act of 1997; enact ...................................................................HB 512 Medical assistance providers; hearings; procedures ....................................................HB 1387 PeachCare for Kids Act; enact ..........................................................................................SB 410

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2876

INDEX

MEDICAL ASSISTANCE, DEPARTMENT OF (Continued) Prohibit certain restrictions on approved prescription drugs ......................................SB 139 Spontaneous abortion contraceptives; certain state agencies; prohibit distribution..........................................................................HB 1329 State plan of medical assistance; modification or waivers; requirement...............................................................................................HB 1179 Supplemental pharmaceutical rebates.............................................................................HB 476 Unlawful acts; abuse; Medicaid fraud forfeiture.........................................................HB 1440
MEDICAL CONSENT Certain test results; timely notification..........................................................................HB 332 Emergency medical treatment; attempted suicide ...........................................................SB 36 Incapacitated adults; emergency guardians; health care facilities; certain consent for admission or discharge........................................SB 549 Minors; contraceptives and pelvic exams; parental notification...............................HB 1363
MEETINGS Child abuse; certain meetings and records; allow public access ..................................SB 473 Open meetings; change in time or place; notice..........................................................HB 1825 Open meetings; enforcement actions by Attorney General........................................HB 1549 Transportation, State Board of; public hearings; requirement .................................HB 1245
MELTON, QUIMBY, JR.; commend............................................................................HR 1219
MENTAL HEALTH Bobby Eugene Parham Food Service Facility; designate at Central State Hospital .............................................................................SR 588 Certain services; repeal automatic repealer..................................................................HB 1131 Child custody; emotional, physical, or psychological abuse evidence; visitation.................................................................................................SB 71 Death penalty; defendant guilty but mentally ill; life without parole.......................HB 109 Elections; early voting provisions.....................................................................................HB 544 Group-care facilities; placement of certain children; prohibitions..............................HB 865 Health insurance coverage; mental disorders; amend provisions.................................SB 245 Health insurance; mental disorders; coverage of treatment .........................................SB 620 Income tax; gradual reduction; abolish 1/1/2009; repeal or conform related provisions .........................................................................HB 1218 Infectious and communicable diseases; certain harm reduction programs; authorize studies.......................................................................HB 1007 Insurance; certain policies; coverage of mental disorders ..........................................HB 1575 Mentally ill or alcoholic or drug dependent persons; certain emergency examinations; counselors or therapists .........................................SB 99 Mentally retarded persons; certain attorneys' fees; reimbursement to local boards of education............................................................HB 1183 Mentally retarded persons; disability services; guidelines for waiting lists.............................................................................................HB 970 Personal care homes; change name to assisted living facilities ...................................HB 287 Real property; drug-related activity; redefine terms.....................................................HB 534 State plan of medical assistance; modification or waivers; requirement ...............................................................................................HB 1179 Warrantless arrests; abuse of vulnerable adult; provisions...........................................SB 159
MERIT SYSTEM (Also, see State Employees or State Government) Certain appeals; payroll review; certain state health benefit plan coverage.......................................................................................HB 1423 Certain employees; periodic review and rating............................................................HB 1422 Certain officers and employees; Selective Service registration ...................................HB 946 Disaster Volunteer Leave Act; enact.............................................................................HB 1266 Employee review and rating; performance based increases..........................................SB 698

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2877

MERIT SYSTEM (Also, see State Employees or State Government) (Continued) Fraud, waste, and abuse; complaints by public employees to General Assembly; confidentiality.....................................................HB 1511 Payroll audits; remove requirement...............................................................................HB 1421 PeachCare for Kids Act; enact..........................................................................................SB 410 Public employees; termination without cause; 90 days' notice required...................HB 872 State employees' health insurance plan; include certain county officers ....................HB 52 State employees' health insurance plan; Sheriffs' Retirement employees.................HB 466 State employees; overtime compensation; prohibit required waiver..........................HB 391 State employees; privatization; certain re-employment rights....................................HB 356 State funds; use for performance bonuses - CA............................................................HR 817 Veterans; job training and employment assistance; preference.................................HB 1325
MERIWETHER COUNTY Board of education; per diem.........................................................................................HB 1181 Coweta Judicial Circuit; judges; salary supplements .....................................................SB 677 Probate judge serve as chief magistrate........................................................................HB 1914
MERSHON, SANDY; condolences ..................................................................................HR 920
METTER, CITY OF Metter-Candler County Airport Authority; members; terms....................................HB 1756
MEYER, LEE;commend..................................................................................................HR 1127
MIDWAY, CITY OF; corporate limits ............................................................................HB 876
MILITARY AFFAIRS Civil War historic sites; acquisition; funding; special license plates ...........................SB 178 Disaster Volunteer Leave Act; enact.............................................................................HB 1266 Emergency Management, Preparedness, and Assistance Trust Fund; create...........HB 239 Federal military budget; shift money to states for domestic use................................HR 312 Georgia ROTC Cadets; urge participation in U. S. veterans' memorial services...........................................................................................HR 873 Georgia Student Finance Authority; scholarship grants; certain students at North Georgia College..................................................HB 1552 Homestead exemption; certain permanently disabled veterans ..................................HB 951 License plates and decals; non-wartime disabled veterans; provide free...................HB 550 Motor vehicles; ad valorem tax; exempt former prisoners of war ............................HB 1145 Personal care homes; change name to assisted living facilities ...................................HB 287 "Pete Wheeler Georgia War Veterans Memorial Complex"; designate.....................HR 996 "Pete Wheeler Georgia War Veterans Memorial Plaza"; designate............................SR 583 Service cancelable educational loans; Georgia National Guard..................................HB 979 Special license plates; retired reservists retain ...............................................................SB 198 Special license plates; veterans; lower manufacturing fee............................................HB 615 Special license plates; World War II Eighth Air Force veterans ................................HB 923 Teachers Retirement; postgraduate study; interruption by military service ..........................................................................................................HB 576 Veterans' funerals; National Guard members act as honor guards.............................SB 463 Veterans; post-traumatic stress disorder; encourage extension of benefits......................................................................................................HR 930
MILLER, DR. ROGER ORVILLE AND KAY; commend ....................................HR 1344
MILLER, SHIRLEY; Georgia's first lady; invite to House.......................................HR 1071
MINERAL RESOURCES Borrow pits; not regulated as surface mines ..................................................................HB 593 Borrow pits; not regulated as surface mines ..................................................................HB 844 County excise tax; severance of solid minerals ............................................................HB 1676 Weight of vehicles and loads; granite; load limits.......................................................HB 1453

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2878

INDEX

MINORS Adjudicated delinquent; information provided to school superintendents ...............HB 195 Adoption; termination of parental rights...........................................................................SB 27 Alcoholic beverages; certain offenses; change penalties..............................................HB 1287 Alcoholic beverages; furnishing to minors; penalties....................................................HB 800 Alcoholic beverages; possession or consumption by persons under age 21; penalties....................................................................................HB 227
Alcoholic beverages; possession or consumption by persons under age 21; penalties.....................................................................................SB 206
Alcoholic beverages; purchasing for or by persons under age 21; increased penalties............................................................................................HB 908
Alimony and child support; family support registry; provisions...............................HB 1308 Asset forfeiture; proceeds; certain drug rehabilitation programs..............................HB 1285 Automobile Teenage Protection Act of 1997; enact........................................................HB 20 Certain sound recordings; prohibit sale to; penalties..................................................HB 1170 Certified Professional Midwifery Act; enact..................................................................HB 475 Child custody; awards; annual review .............................................................................HB 229 Child custody; child's choice of parent; court consider..............................................HB 1455 Child custody; court consider desire of child age 10 to 14..........................................HB 231 Child custody; presumption of joint legal and physical
custody; provisions..........................................................................................................SB 187 Childhood Lead Exposure Control Act; enact .............................................................HB 1888 Child molestation offenses; touching and not touching child......................................HB 957 Child molestation; sentencing - CA.................................................................................HR 114 Children's Health Insurance Plan Act; enact...............................................................HB 1787 Child safety restraints; violation; assess points ...........................................................HB 1451 Child support; noncustodial parent; provide location of child ....................................HB 585 Child support recovery; certain employer reports.......................................................HB 1307 Computer facilities; dissemination of harmful material................................................SB 312 Contraceptives and pelvic exams; parental notification .............................................HB 1363 Contributing to delinquency, unruliness, or deprivation of; penalties.....................HB 1791 Controlled substances; phenylpropanolamine and
ephedrine; persons under age 18...................................................................................SB 208
Controlled substances; sale or distribution to minor; sentencing; amend provisions .....................................................................................HB 1286
Corporations; certain contracts with state; ineligibility..............................................HB 1303 Crimes against children; eliminate two-year limit
on supervised probation .................................................................................................SB 467 Criminal trespass; certain property; no offense...........................................................HB 1341 Custodial parent; select at age 12..................................................................................HB 1411 Deprivation cases; appointment of counsel or special advocate................................HB 1288 Divorce; marriage irretrievably broken; delay; exception...........................................HB 1472 Driver's license; amend provisions......................................................................................SB 17 Driver's license and driving permit; amend provisions...............................................HB 1141 Driver's license; educational requirements ........................................................................SB 38 Driver's license; learner's permit issued by another
state; apply toward eligibility ........................................................................................SB 403 Driver's license; limited driving permits; certain offenses .........................................HB 1198 Driver's license; persons under age 17; driver education course...................................HB 91 Driver's license; persons under age 18; driver education course .................................HB 468
Driver's license; persons under age 21; driver education course ...................................HB 28
Driving under the influence; chemical tests; under age 21; change provisions ................................................................................................HB 27
Driving under the influence; endangering a child; report certain convictions to Department of Family and Children Services....................HB 880
Education; preenrollment of 2-year-olds; immunizations...........................................HB 1072
Education; prescribed courses; include parenting ............................................................SB 41

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INDEX

2879

MINORS (Continued) Education; rape avoidance course; establish ................................................................HB 1065 Education; student transportation; state aid eligibility................................................HB 312 Education; transportation; include certain elementary students ................................HB 346 Elections; poll officers; appoint persons age 16 and over.............................................HB 822 Family violence in the presence of a minor; define ....................................................HB 1224 Father 's rights; certain termination; filing of petition..............................................HB 1752 Fatherhood Responsibility Act; enact ................................................................................SB 58 Feticide in the second degree; define offense; penalties.............................................HB 1659 Firearms; pistol or revolver; prohibit allowing minor to obtain possession.............................................................................................SB 407 Forgery; false identification furnished to minor; penalty .............................................SB 199 Georgia Youth Legislature; create..................................................................................HR 1141 Grandparent's visitation; amend provisions...................................................................HB 971 Group-care facilities; placement of certain children; prohibitions..............................HB 865 Health insurance; children's cancer treatment; coverage of certain costs for clinical trials...................................................................SB 603 Health insurance coverage; newborn or adopted child; women's access; conversion ............................................................................................SB 665 Health records; rights of unemancipated minors........................................................HB 1339 High school honors program; participation by certain students...............................HB 1712 Home schooled children; HOPE scholarship; qualifications..........................................HB 90 Home schooled children; HOPE scholarship; qualifications......................................HB 1059 Home schooled students; home school diploma.............................................................HB 486 Home schooled students; special diploma....................................................................HB 1714 Home study or private school students; HOPE scholarship; qualifications...............................................................................................HB 31 Home study programs; amend provisions.......................................................................HB 586 House Georgia Children Study Committee; create .....................................................HR 1408 House Protection of Children from Sexual Abuse Study Committee; create ...............................................................................................HR 780 House Study Committee on Early Childhood Immunization; create .........................HR 609 House Study Committee on Juvenile Justice; create....................................................HR 590 House Teen Courts Study Committee; create...............................................................HR 610 House Teen Sexual Activity Study Committee; create ..............................................HR 1407 Joint custody; court grant when in best interest of child..........................................HB 1536 Jury duty; exempt caregiver to child under sin...........................................................KB 1256 Juvenile convicted of felony; court notify school..........................................................HB 179 Juvenile courts; certain children age 13 to 17; jurisdiction .......................................HB 1097 Juvenile courts; extend jurisdiction to all persons under age 18................................HB 669 Juvenile courts; intake workers or probation officers; training.....................................HB 68 Juvenile proceedings; amend provisions .......................................................................HB 1290 Juvenile proceedings; child not competent; amend provisions..................................HB 1932 Juvenile proceedings; children in foster care; certain notice .......................................HB 527 Juvenile proceedings; court-ordered counseling; custody order duration...................SB 660 Juvenile proceedings; deprivation of child resulting from substance abuse ..................................................................................HB 1717 Juvenile proceedings; jurisdiction; traffic offenses........................................................HB 114 Juvenile proceedings; removal of child from home; family reunification; foster care..................................................................................HB 1585
Juvenile proceedings; transfer to child's county of residence; provisions.....................................................................................................HB 1293
Juvenile records; crimes after age of majority; permanently unseal ........................HB 1213
Juvenile rehabilitation; create division; provide camps...................................................SB 18
Juveniles; commission of certain crimes under age 17; life without parole ..........................................................................................................HB 596
Juveniles; condition of probation; maintain passing average in school......................HB 140

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2880

INDEX

MINORS (Continued) Juveniles; court records; inspection by certain school officials .....................................HB 41 Juveniles; felony or delinquent act; release name.......................................................HB 1291 Juveniles; fingerprinting; criminal records; amend provisions .....................................SB 421 Juveniles in detention; court-ordered child support.......................................................HB 24 Juveniles in detention; court-ordered child support.......................................................HB 38 Juveniles in detention; court-ordered child support.....................................................HB 614 Land of parent in possession of child; rebuttable presumption of gift ......................SB 230 Legitimacy of child; paternity established; parental power.........................................HB 995 Lottery grants for education; students earning A's.....................................................HB 1678 Mandatory school attendance; increase age to 18 .........................................................HB 405 Mandatory school attendance; increase age to 18..........................................................SB 106 Minor child; selling or exchanging; provide for offense..............................................HB 1713 Minors under age 16; parental consent required for marriage ....................................HB 141 Motor vehicle insurance; certain discounts for teenaged drivers; notification........................................................................................HB 832 Municipal courts; certain cases; authorize trial and disposition .................................HB 949 Nannies; licensing.............................................................................................................HB 1893 Parental rights; termination; amend provisions...........................................................HB 1571 Partial-birth abortion; prohibit ........................................................................................HB 240 PeachCare for Kids Act; enact..........................................................................................SB 410 Persons supervising; criminal records checks...............................................................HB 1271 Postsecondary schools; certain unpaid work; prohibit - CA........................................HR 851 Presentencing hearings; certain juvenile records; additional evidence.......................HB 147 Probate court judge; custodian of certain funds for certain minors; distribution.....................................................................................SB 655 Public School Choice Act of 1997; enact ........................................................................HB 121 Rape or aggravated sodomy; victims under age 12; penalties .....................................HB 801 Sales tax; exempt certain funeral merchandise ...........................................................HB 1442 Sales tax; exempt certain home study program yearbooks........................................HB 1786 School buses; passenger seat belts ...................................................................................HB 220 School Safety Act; enact...........................,.........................................................................SB 161 Schools; nonresident students; certain attendance and enrollment .........................HB 1482 Schools; sex education; legal consequences of parenthood ........................................HB 1257 Schools; students performing certain unpaid work; prohibit.....................................HB 1403 Seat belts; injury to unrestrained child; penalty .........................................................HB 1346 Sexually explicit materials; premises where distributed; prohibit entry of minors ........................................................................HB 1804 Sexual offenses; pandering; define offense; penalties; prohibitions.............................SB 158 Statutory rape; certain offenders; serve full minimum sentence ..............................HB 1808 Student code of conduct; provisions...................................................................................SB 92 Student codes and standards of conduct; boards of education establish ....................HB 45 Students; certain withdrawal from school; waiver of certain rights .........................HB 1561 Students; pocket pagers; parental consent...................................................................HB 1500 Teachers, personnel, and students; certain student assault; reports............................HB 42 Temporary assistance for needy families; disabled children; extend to age 22 ...........................................................................................HB 1652 Temporary guardians; notice of dissolution ....................................................................SB 180 Tobacco; furnishing to minors; amend provisions.........................................................HB 864 Torts; imputable negligence; liability for malicious acts of minor ................................SB 89 Tuition equalization grants; public school students; nonpublic schools....................HB 136 Watercraft and personal watercraft; amend provisions..............................................HB 1394
Watercraft; boating under the influence; child endangerment..................................HB 1393
Wills; certain persons; intestate succession; year's support.......................................HB 1872
Young Drivers Safety Act of 1997; enact........................................................................HB 131
Youth Camp Act; enact ...................................................................................................HB 1100
Youthbuild Program Act; enact..........................................................................................SB 68

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2881

MITCHELL-BAKER HIGH SCHOOL EAGLES BASKETBALL TEAM Commend...........................................................................................................................HR 1268 Invite to House.................................................................................................................HR 1277
MITCHELL, FAMILY OF TIM AND LINDA; commend....................................HR 1326
MONROE COUNTY Coroner; compensation.....................................................................................................HB 1861 Flint Judicial Circuit; salary supplements......................................................................HB 564
MONTICELLO, CITY OF; corporate limits ...............................................................HB 1909
MOORE, GEORGE R.; commend ..................................................................................HR 1184
MOORE, JESSICA ALLYN; commend.......................................................................HR 1376
MOORE, JUDGE ROY; urge support.............................................................................HR 359
MORGAN COUNTY Chief magistrate; nonpartisan election.............................................................................SB 672 Probate court judge; nonpartisan election.......................................................................SB 673 State court; create...............................................................................................................SB 674 State court; create...............................................................................................................SB 675
MORRIS, CLARICE SANDERS; commend..............................................................HR 1428
MORRIS, MONICA AND MARK POLLARD; commend ....................................HR 1446
MORRISON, BRENDA G.; condolences .......................................................................HR 888
MORROW, CHARLES BENJAMIN; condolences...................................................HR 1352
MORTGAGES (See Liens and Mortgages)
MOSS, DR. THOMAS HUDSON, JR.; commend....................................................HR 1388
MOTOR CARRIERS Highways; length of vehicles and loads; amend provisions...........................................SB 272 Length of vehicles and loads; tandem trailers; warning signs .....................................HB 991 Transportation, Department of; Vehicle Safety and Inspection Division; create ............................................................................................HB 735 Uniform rules of the road; truck drivers; signal requirements....................................HB 358
MOTOR FUEL AND ROAD TAX (Also, see Gas, Gasoline, and Gas Service or Motor Vehicles and Traffic) Income and sales taxes; amend provisions.........................................................................HB 8 Levy and rate; amend provisions.......................................................................................HB 76 Sales tax exemption; certain motor fuels..........................................................................HB 81 State increase to offset federal decrease .........................................................................HB 365
MOTOR VEHICLE ACCIDENT INSURANCE Accident reports; public disclosure ................................................................................HB 1283 Automobile Personal Safety Act of 1998; enact...........................................................HB 1745 Cancellation and renewal; reporting requirements......................................................HB 1620 Certain discounts for teenaged drivers; notification .....................................................HB 832 Driver's license suspension; notice...................................................................................HB 154 Insurers; bad faith refusal to timely pay claim; liability...............................................SB 657 Liability; minimum coverage ............................................................................................HB 532 Medical payments coverage ...............................................................................................SB 224 Medical payments coverage; uninsured motorist claims ..............................................HB 233 Motor vehicle self-insurers; repeal provisions; reenact.................................................HB 875 Motor vehicle self-insurers; taxicabs; certain counties ...............................................HB 1448

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2882

INDEX

MOTOR VEHICLE ACCIDENT INSURANCE (Continued) Motor vehicles; liability insurance requirement; amend provisions ............................SB 538 Payment of claims; certain prohibition...........................................................................HB 304 Premium reductions; add provision ...............................................................................HB 1504 Prepayment; driver's license suspension.......................................................................HB 1260 Provide certain recovery; prohibit certain setoffs .......................................................HB 1240 Uninsured motorist coverage; no subrogation................................................................HB 594 Uninsured motorists; companies issuing policies; service of process...........................SB 436 Uninsured motorists; insurance companies; service of process .................................HB 1366 Uninsured motorists; service on plaintiffs carrier; timeliness ..................................HB 1449 Uninsured motor vehicle; certain actions; carrier participating as defendant...........................................................................................HB 1159
MOTOR VEHICLES AND TRAFFIC Abandoned motor vehicles; foreclosures; sales; amend provisions..............................HB 521 Abandoned motor vehicles; removal or storage; amend provisions ............................HB 375 Abandoned motor vehicles; removal; storage; liens........................................................SB 249 Accident reports; disclosure............................................................................................HB 1367 Accident reports; public disclosure ................................................................................HB 1283 Ad valorem tax; amend provisions.................................................................................HB 1076 Ad valorem tax; certain heavy-duty vehicles; provisions...........................................HB 1324 Ad valorem tax; disabled veterans' exemption; amend provisions ..............................SB 489 Ad valorem tax; disposition of certain fees - CA...........................................................HR 256 Ad valorem tax; exempt former prisoners of war........................................................HB 1145 Ad valorem tax; exempt passenger motor vehicles......................................................HB 1137 Ad valorem tax; General Assembly provide by general law - CA...............................HR 108 Ad valorem tax; property valuation; interest; motor vehicle evaluation..............................................................................................HB 1247 Ad valorem tax; return vehicles in county where functionally located....................HB 1521 Ad valorem tax; when due.................................................................................................HB 101 Ad valorem tax; when due.................................................................................................HB 367 Agriculture, Department of; establish certain animal control program...................HB 1638 Alcoholic beverages; certain offenses; change penalties..............................................HB 1287 Alcoholic beverages; open container in motor vehicle; driver or passenger..........................................................................................................SB 203 Automobile Personal Safety Act of 1998; enact...........................................................HB 1745 Automobile Teenage Protection Act of 1997; enact........................................................HB 20 Certain fuel additives; prohibit operation of vehicle..................................................HB 1241 Certain records; bulk distribution....................................................................................HB 511 Certificate of title; processing...........................................................................................HB 452 Child safety restraints; violation; assess points...........................................................HB 1451 Civil War historic sites; acquisition; funding; special license plates ...........................SB 178 Class M drivers' licenses; motorcycle safety training; headgear; amend provisions ........................................................................................HB 1070 Concealed weapons; loaded firearm in vehicle; defense of habitation; immunity ................................................................................HB 1360 Dealer's advertisement; purchaser's consent ..................................................................HB 569 Deer and motor vehicle collisions; certain counties; open bowhunting season ................................................................................................HB 881 Demand for trial; vehicular homicide related to DUI; time period...............................SB 83 Driver's license and driving permit; amend provisions...,...........................................HB 1141 Driver's license and identification card; fingerprinting; prohibit....................................HB 5
Driver's license and identification card; fingerprinting; prohibit..................................HB 48 Driver's license and identification card; fingerprinting; prohibit..................................HB 53 Driver's license and identification card; fingerprinting; prohibit................................HB 247
Driver's license and identification card; fingerprinting; prohibit................................HB 303 Driver's license and identification card; fingerprinting; prohibit ....................................SB 2

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2883

MOTOR VEHICLES AND TRAFFIC (Continued) Driver's license and identification card; fingerprinting; prohibit; destroy certain records....................................................................................HB 25 Driver's license and identification card; fingerprinting; prohibit; destroy certain records....................................................................................HB 29 Driver's license and identification card; renewal by mail............................................HB 350 Driver's license; assessment of points; speeding in school zone..................................HB 605 Driver's license; certain information; disclose to members of General Assembly...................................................................................HB 1153 Driver's license; certain revocations; persons 18 or older; limited driving permit..................................................................................HB 1149 Driver's license; certain revocations; persons 18 or older; limited driving permit..................................................................................HB 1150 Driver's license; certain suspension; location of requested hearing............................HB 652 Driver's license; certain suspension; terminate upon guilty plea..............................HB 1215 Driver's license; distinguishable markings for DUI conviction ......................................SB 82 Driver's license fee; payment by cash or check.............................................................HB 242 Driver's license; implied consent; notice on license and application........................HB 1879 Driver's license; learner's permit issued by another state; apply toward eligibility.........................................................................SB 403 Driver's license; limited driving permits; certain offenses .........................................HB 1198 Driver's license; minors; amend provisions........................................................................SB 17 Driver's license; minors; educational requirements ..........................................................SB 38 Driver's license; persons under age 17; driver education course ...................................HB 91 Driver's license; persons under age 18; driver education course .................................HB 468 Driver's license; persons under age 21; driver education course...................................HB 28 Driver's license; replacement; fee.......................................................................................HB 62 Driver's license; require driver education course; public schools offer.......................................................................................................HB 1223 Driver's record; furnish to General Assembly member .................................................SB 616 Driver training courses; secondary schools; applicability of certain law..........................................................................................HB 1299 Driving under the influence; chemical tests; amend provisions ....................................HB 17 Driving under the influence; chemical tests; amend provisions ..................................HB 964 Driving under the influence; chemical tests; under age 21; change provisions ................................................................................................HB 27 Driving under the influence; endangering a child; report certain conviction to Department of Family and Children Services......................HB 880 Driving under the influence; homicide by vehicle; impose life imprisonment or death ............................................................................HB 1176 Driving under the influence; implied consent notice; test administration...........................................................................................HB 1378 Driving under the influence; nolo contendere plea; eliminate .......................................SB 61 Driving under the influence; nonresident offenders; increased fines ............................SB 31 Driving under the influence; special license plates; habitual violators; minimum mandatory imprisonment; ignition interlock devices...............................................................................................HB 139 Driving under the influence; three or more convictions; permanent revocation of driver's license.....................................................................HB 847 DUI Study Commission; create........................................................................................HR 731 DUI Study Commission; create .........................................................................................SR 680 Emergency motorist aid call boxes; place along Interstate 75 ....................................HB 480
Emission inspections; applicability to all counties........................................................HB 754
Emission inspections; exempt certain vehicles...............................................................HB 577
Emission inspections; waiver and exemption stations ....................................................HB 30
Emissions; mileage-based payment system; provide...................................................HB 1305
Emissions; standards; inspections; enforcement ..........................................................HB 1707

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2884

INDEX

MOTOR VEHICLES AND TRAFFIC (Continued) Furnishing registration information to private detectives ...........................................HB 116 Gasoline purchase; penalties for nonpayment..............................................................HB 1151 Gasoline purchase; penalties for nonpayment..............................................................HB 1578 Graduated driver's license; recognize licenses of other states ...................................HB 1427 Handicapped parking; permits issued to institutions .....................................................HB 72 Highways; Department of Transportation and municipalities; powers.......................SB 641 Highways; high occupancy vehicle lanes; single-occupant vehicle use.........................HB 50 Insurance; cancellation and renewal; reporting requirements ...................................HB 1620 Insurance; certain discounts for teenaged drivers; notification...................................HB 832 Insurance; driver's license suspension; notice ................................................................HB 154 Insurance; liability; amend provisions..............................................................................SB 538 Insurance; liability; minimum coverage...........................................................................HB 532 Insurance; medical payments coverage ............................................................................SB 224 Insurance; payment of claims; certain prohibition........................................................HB 304 Insurance premium reductions; add provision.............................................................HB 1504 Insurance; prepayment; driver's license suspension....................................................HB 1260 Insurance; provide certain recovery; prohibit certain setoffs....................................HB 1240 Insurers; bad faith refusal to timely pay claim; liability...............................................SB 657 Juvenile proceedings; jurisdiction; traffic offenses........................................................HB 114 Law enforcement; police volunteers; provisions.............................................................HB 366 Length of vehicles and loads; amend provisions ............................................................SB 272 Length of vehicles and loads; tandem trailers; warning signs .....................................HB 991 License plate display; amend provisions...........................................................................HB 51 License plates and decals; non-wartime disabled veterans; provide free...................HB 550 License plates and registration; amend provisions......................................................HB 1567 License plates; certain transparent covers.....................................................................HB 907 Liens; salvage; special plates; certificates of title; licensing; ad valorem tax return.......................................................................HB 1430 Lighted headlights; when required ..................................................................................HB 328 Limousine carriers and passenger vans; regulations .....................................................HB 285 Low-emission motor vehicles; income tax credit .........................................................HB 1596 Low-emission vehicles or conventionally fueled vehicles; income tax credit ..........................................................................................HB 1161 Motor fuel excise tax; agricultural field use vehicle; refunds; licensing and fees; certain exemption........,..............................,..HB 1175 Motor fuel excise tax; levy and rate; amend provisions .................................................HB 76 Motor fuel excise tax; state increase to offset federal decrease ..................................HB 365 Motor oil; retail establishment selling; post certain information..............................HB 1340 Motor vehicle self-insurers; repeal provisions; reenact.................................................HB 875 Motor vehicle self-insurers; taxicabs; certain counties...............................................HB 1448 Natural resources; off-road vehicles; regulate ..............................................................HB 1006 Office of Highway Safety; certain employees; peace officers.......................................HB 685 Pawnbrokers; title pawn transactions; amend provisions.............................................HB 610 Pedestrians; right of way in crosswalk; motorist penalty ...........................................HB 1239 Prenatal Care Act of 1998; enact ...................................................................................HB 1602 Probation services; transfer to Pardons and Paroles Board ........................................HB 427 Public transit; prohibit certain conduct...........................................................................SB 444 Quality basic education; driver education; driver's licenses and permits; amend provisions .......................................................................SB 445 Registration and licensing; amend provisions ................................................................HB 450 Registration and licensing of vehicle fleets ..................................................................HB 1484
Registration; increase certain periods to 45 days ........................................................HB 1494
Registration periods; certain counties...........................................................................HB 1190
Registration; prohibit requiring social security number...............................................HB 102
Registration records; inspection by private detectives .................................................HB 628
Rental motor vehicles; excise taxes; bad debt deduction ...........................................HB 1582

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2885

MOTOR VEHICLES AND TRAFFIC (Continued) Safety belts; failure to wear; taxing of prosecution costs; certain additional fees; prohibit......................................................................HB 1169 Sales tax exemption; certain motor fuels..........................................................................HB 81 Salvaged or rebuilt vehicles; titles and markings ..........................................................HB 659 School buses; passenger seat belts...................................................................................HB 220 Schools; driver education course; establish curriculum; driver's license requirement........................................................................................HB 1152 Seafood, meat, and poultry; sale from mobile vehicle; licensing provisions..........................................................................................................SB 500 Seat belts; exclude all terrain vehicles; define "restrained".........................................SB 591 Seat belts; injury to unrestrained child; penalty .........................................................HB 1346 Serious injury by vehicle; include fractures and bruises ............................................HB 1930 Special commemorative plates; provisions......................................................................HB 449 Special county 1 % sales tax; not applicable to sale or use of certain motor vehicles........................................................................................HB 887 Special plates and decals; promoting the arts in Georgia..........................................HB 1155 Special plates; antique, hobby, or special interest vehicles; decrease dimensions..........................................................................SB 471 Special plates; certain programs to benefit dogs and cats...........................................HB 839 Special plates; "Choose Life"..........................................................................................HB 1281 Special plates; colleges or universities; amend provisions............................................HB 870 Special plates; colleges or universities outside state .....................................................HB 826 Special plates; decals; certain handicapped persons.....................................................HB 435 Special plates; Georgia Bowler's Association..................................................................HB 813 Special plates; 100 Black Men of America, Inc; 100 Black Men of Atlanta, Inc........................................................................................................HB 559 Special plates; Pearl Harbor veterans; lower fees .......................................................HB 1523 Special plates; Prince Hall Masons of Georgia..............................................................HB 560 Special plates; promote recycling........................................................................................SB 63 Special plates; retired reservists retain............................................................................SB 198 Special plates; Shrine hospitals........................................................................................HB 110 Special plates; Shrine hospitals for disabled children ..................................................HB 723 Special plates; "Support Adoption"...............................................................................HB 1067 Special plates; "Support School Nurses"......................................................................HB 1370 Special plates; "Supporting Public Schools"..................................................................HB 422 Special plates; United States Disabled Athletes Fund; fees and costs ....................HB 1538 Special plates; U. S. veterans of the 1950 Chosin Reservoir Campaign, North Korea ..................................................................SB 518 Special plates; veterans; lower manufacturing fee.........................................................HB 615 Special plates; World War II Eighth Air Force veterans .............................................HB 923 Speed detection devices; radar; amend provisions ........................................................HB 363 Speed detection devices; radar permit; full-time officer required ..............................HB 190 Speed detection devices; require employment of certified peace officers .................................................................................................HB 1738 Speed detection devices; school zones; warning signs unnecessary ............................HB 611 Speed detection devices; speeding in school zone; admissibility...............................HB 1203 State and local governments; certain vehicles; identifying markings .........................HB 624 State and local governments; certain vehicles; identifying markings.......................HB 1461 Tag agents; retention of fee for modernization and technology................................HB 1749 Taxicab self-insurers; certain counties ............................................................................HB 753
Threats and use of force; allow in defense of dwellings, businesses, and motor vehicles....................................................................SB 476
Tires; adjustment rates; disclosure and notice.............................................................HB 1706
Torts; automobile air bags; failure to deploy; liability .................................................HB 978
Traffic offenses; certain reduced speed zones; double fine..........................................HB 613
Transfer of license plates and decals; ad valorem tax................................................HB 1569

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2886

INDEX

MOTOR VEHICLES AND TRAFFIC (Continued) Transfer of vehicles; joint interest with survivorship ...................................................HB 387 Uniform rules of the road; central turn lane..................................................................HB 316 Uniform rules of the road; radios and phones in vehicle; exercise due care in using.........................................................................HB 1555 Uniform rules of the road; truck drivers; signal requirements....................................HB 358 Uninsured motorist coverage; no suhrogation................................................................HB 594 Uninsured motorists; companies issuing policies; service of process...........................SB 436 Uninsured motorists; insurance companies; service of process .................................HB 1366 Uninsured motorists; service on plaintiffs carrier; timeliness ..................................HB 1449 Uninsured motor vehicle; certain actions; carrier participating as defendant...........................................................................................HB 1159 Unregistered vehicle; tag agent issue certain notice ...................................................HB 1607 Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers, State Board of Registration; repeal provisions; used car dealers; registration provisions .....................................................................HB 581 Used motor vehicle dealers; sales or leases; certain disclosure ....................................SB 196 Used motor vehicles; dealers and parts dealers; certain practices; regulate............................................................................................HB 1683 Vehicle weights and loads; permits for excess weight and dimensions; amend provisions...............................................................................HB 848 Weight of vehicles and loads; granite; load limits.......................................................HB 1453 Weight of vehicles and loads; limits; truck routes ......................................................HB 1470 Young Drivers Safety Act of 1997; enact........................................................................HB 131
MOTORCYCLES Class M drivers' licenses; motorcycle safety training; headgear; amend provisions........................................................................HB 1070 "Motorcycle Awareness and You Month"; recognize May, 1998 ..............................HR 1078 Salvaged or rebuilt; titles and markings .........................................................................HB 659
MOYERS, WILLIAM COPE; invite to House ...........................................................HR 1096
MUELLER, HONORABLE ANNE; communications....................................Pages 559, 560
MUNICIPALITIES (Also, see Local Government or Named Municipality) Abandoned motor vehicles; removal or storage; amend provisions ............................HB 375 Absentee ballots; elderly and disabled; apply once yearly...........................................HB 815 Ad valorem tax; certain municipal property outside corporate limits; remove tax exemption......................................................................HB 851 Ad valorem taxes and license fees; time limitation for refunds....................................HB 10 Ad valorem taxes and license fees; time limitation for refunds....................................HB 11 Ad valorem tax exemption; public property; clarify .....................................................HB 781 Ad valorem tax for school purposes; 20 mill statewide limitation - CA......................HR 41 Ad valorem tax; property valuation; interest; motor vehicle evaluation..............................................................................................HB 1247 Ad valorem tax returns; notice of changes; required information ............................HB 1217 Affirmative action; prohibit ................................................................................................HB 99 Alcoholic beverage sales; dealer's license; residence of applicant; school building; define.............................................................................SB 111 Annexation; effective date; zoning .................................................................................HB 1603 Annexation; electors required; increase to 70%...........................................................HB 1259 Annexation; notice; amend provisions.............................................................................HB 259 Annexation; redefine unincorporated island ..................................................................HB 529 Annexation; 60% method; unincorporated islands; amend provisions ....................HB 1262 Attorney general; provision of counsel; certain correctional officials.........................HB 686 Authorities; registration; include members' names .....................................................HB 1557 Bail; misdemeanors; local ordinances; prohibit requirement.....................................HB 1379

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2887

MUNICIPALITIES (Also, see Local Government or Named Municipality) (Continued) Blue Ribbon Study Committee on Funding of the "Quality Basic Education Act"; create.........................................................................SR 467 Boards of education; curriculum; standardized student assessments.........................HB 226 Boards of education; receive half of certain impact fees - CA....................................HR 735 Budgets; amend provisions..............................................................................................HB 1431 Budgets and audits; grant certification.........................................................................HB 1364 Building permits; content; display.................................................................................HB 1337 Cable television; failure to scramble premium channels; penalty.............................HB 1078 Campaign literature; identification of authors; repeal provisions.......................................................................................,...................HB 1726 Certain appropriations; require referendum...................................................................HB 552 Certain motor vehicles; identifying markings ................................................................HB 624 Certain proposed lake property; disposition ..................................................................HB 867 Certain real property; competitive bids............................................................................HB 32 Certain rock quarries; written consent required............................................................HB 261 Certain vehicles; identifying markings ..........................................................................HB 1461 Charter Schools Act of 1997; enact.....................................................................................SB 70 Chiefs of police and law enforcement department heads; training requirement ........................................................................................HB 1564 Children adjudicated delinquent; information provided to school superintendents..............................................................................................HB 195 Collection of certain taxes; special districts .................................................................HB 1095 Concealed weapons; licensure; exempt municipal and city judges.............................HB 523 Contracts; public works; permit certain withdrawal of bid .......................................HB 1666 Courts; certain cases; authorize trial and disposition ...................................................HB 949 Depository financial institutions; local business tax.......................................................HB 69 Disability commissions; establish......................................................................................SB 383 Driver's license; certain suspension; location of requested hearing ............................HB 652 Driver's license; require driver education course; public schools offer.......................................................................................................HB 1223 Education Accountability Act of 1997; enact.....................................................................HB 6 Education; curriculum; authorize test-taking skills course.............................................SB 85 Education; preenrollment of 2-year-olds; immunizations...........................................HB 1072 Education; state and local superintendents; certification; Professional Standards Commission.........................................................HB 7 Education; student program counts..................................................................................SB 565 Education; teaching of Ebonics; prohibit ..........................................................................SB 51 Elections; absentee ballots and envelopes; voter fraud warnings ...............................HB 749 Elections; amend provisions...............................................................................................SB 593 Elections; candidates for local office; drug testing........................................................HB 120 Elections; candidates; prohibit certain qualification.......................................................HB 47 Elections; certain contested primaries, elections, and runoffs ....................................HB 821 Elections; certain illegal acts; increase penalties ...........................................................HB 590 Elections; certain qualifying fees; distribution...............................................................HB 636 Elections; certain time periods; include weekends and holidays ................................HB 634 Elections Code; merge general and municipal provisions; repeal Georgia Municipal Election Code .................................................SB 630 Elections; designate state-wide poll watchers .................................................................SB 466 Elections; early voting provisions.....................................................................................HB 544
Elections; eliminate certain primaries; extensive revision of provisions....................................................................................................HB 1477
Elections; felons vote 30 days after release ..................................................................HB 1191
Elections; notice of write-in candidacy............................................................................SB 532
Elections; numbered list of voters; amend provisions ..................................................HB 824
Elections; optical scanning voting equipment; regulate..............................................HB 1268

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2888

INDEX

MUNICIPALITIES (Also, see Local Government or Named Municipality) (Continued) Elections; poll officers; appoint persons age 16 and over..........,..................................HB 822 Elections; polls remain open until 8:00 pm....................................................................HB 738 Elections; primaries; amend provisions...........................................................................HB 819 Elections; redefine absentee elector .................................................................................HB 543 Elections; require voter identification .............................................................................HB 554 Elections; voter lists; corrections through postal information.....................................HB 890 Elections; voter lists; include certain symbols...............................................................HB 546 Elections; voter registration; precinct cards; voter lists ...............................................HB 823 Elections; voting; amend provisions................................,................................................HB 817 Elections; voting requirement; photographic identification.........................................HB 670 Elections; voting requirement; photographic identification.........................................!!!) 871 Eminent domain; exercising outside territorial boundaries; prohibit.......................HB 1261 Employee benefits; define "dependent"........................................................................HB 1193 Essential Rural Health Care Provider Access Act; enact; joint hospital authorities.....................................................................................SB 594 Ethics in government; certain violations; penalties.....................................................HB 1284 Excise tax; hotels and motels; domed stadium; termination .....................................HB 1631 Firearms possession; restrictions; exemptions; search and rescue dogs; define....................................................................................HB 1425 Fire departments; minimum requirements; rules and regulations............................HB 1270 Fire protection; buildings presenting special hazards; conflicting codes...............................................................................................................SB 212 Food sales and food service establishments; nonprofit food sales and service.................................................................................HB 1576 Forfeited real property; sales to law enforcement officers...........................................HB 268 Forfeited real property; sales to law enforcement officers...........................................HB 280 Garbage collection services; limit imposition of liens.................................................HB 1766 Garbage collection services; optional...............................................................................HB 758 General and municipal elections codes; certain definitions .........................................HB 589 Georgia Municipal Courts Training Council; membership; appointment................HB 1199 Health Care Authorities Law; enact..............................................................................HB 1101 Highways; contracts for surveying and deed preparation; powers............................HB 1747 Highways; powers................................................................................................................SB 641 Highways; railroad crossings; failure to permit safe passage of traffic...................................................................................................HB 1015 Homestead exemption; additional qualification; recording of deed .........................HB 1474 Homestead exemption; filing deadline ..........................................................................HB 1464 Homestead exemption; filing deadlines; amend provisions........................................HB 1514 Hotels and motels; excise and sales taxes; aggregate amount .....................................HB 679 Hotels and motels; excise tax; amend provisions..........................................................HB 609 Hotels and motels; excise tax; cotton gin attraction...................................................HB 1649 Hotels and motels; excise tax; domed stadium; termination.....................................HB 1631 Hotels and motels; excise tax; international and maritime trade center authorities................................................................................HB 706 Hotels and motels; excise tax levies; additional authorization....................................HB 379 Income tax; setoff debt; collection for political subdivisions.......................................HB 674 Incorporation; minimum distance; change time.............................................................HB 320
Joint Study Committee on Franchise Fees and Conditions, Rights of Way, and Tax Implications of Competitive Markets; create.....................................................................................SR 544
Joint Study Committee on Local Assistance Grants; create ........................................SR 674
Joint Study Committee on Local Law Enforcement Officer Salaries and Benefits; create .........................................................................HR 1099
Labor practices; strikes by employees; prohibitions...................................................HB 1373
Law enforcement; police volunteers; provisions.............................................................HB 366

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INDEX

2889

MUNICIPALITIES (Also, see Local Government or Named Municipality) (Continued) Local boards of education; educational care team; duties ............................................SB 447 Local governments; certain projects; prepare cost estimation...................................HB 1330 Local governments; certain projects; prepare ten-year cost estimation...................HB 1311 Local option sales tax; certain counties; prohibit certain reduction of proceeds......................................................................................HB 1703 Local option sales tax; educational purposes; amend provisions ................................HB 860 Local option sales tax; proceeds; authorize use in certain special districts ...........................................................................................HB 1507 Local public school systems; General Assembly provide for finance and support - CA........................................................................................HR 516 Local school systems; statewide comprehensive educational information network ...................................................................................HB 44 Marriage; mayors perform ceremonies ............................................................................HB 742 Mass transportation services; contract provision...........................................................HB 236 Metropolitan area planning and development commissions; membership ..............HB 1903 Metropolitan river protection; comprehensive land and water use plans ..................SB 661 Millage rates; limitations; increases; require referendum - CA...................................HR 222 Minimum distance requirements; applicability after certain date ...........................HB 1515 Motor vehicles; registration and licensing; amend provisions .....................................HB 450 Municipal charter commissions; create .............................................................................HB 23 Municipal courts; certain executions; trial in superior courts ......................................SB 125 Municipal courts; certain shoplifting cases; disposal ..................................................HB 1206 Municipal courts; jurisdiction; certain offenses .............................................................HB 808 Municipal courts of certain consolidated governments; misdemeanor jurisdiction; repeal................................................................................HB 1441 Municipal jail construction; General Assembly provide additional court fees to fund - CA.................................................................SR 331 Municipal officers; oath of office; amend provisions ....................................................HB 458 Municipal offices; qualifying fees...................................................................................HB 1202 Municipal waste-water systems trust fund; create - CA............................................HR 1113 Peace Officer Standards and Training Act; change certain definitions.....................!!!) 791 Person's exercise of religion; prohibit governmental burden - CA .............................HR 865 Pine straw; sales to dealers; business license or tax number.......................................HB 941 Postsecondary remedial instruction; local school system reimburse state ..................................................................................................HB 237 Prisoners; attend funerals in civilian clothes and unmanacled.................................HB 1739 Private Property Rights Preservation Act; enact ........................................................HB 1382 Private toll roads and bridges; licensing authority .....................................................HB 1486 Privatization; require referendum ....................................................................................HB 357 Probation officers; training and certification ...............................................................HB 1216 Property; certain sales by city or county employee; prohibit....................................HB 1542 Property; processioning; apply in incorporated municipalities .................................HB 1208 Public Employees Labor Relations Act; enact.............................................................HB 1462 Public office; defaulter on taxes not eligible to hold - CA...............................................SR 6 Public water systems; certain violations and failures; civil penalties .........................SB 486 Quality basic education; certain funds; spend on media center materials.................................................................................................HB 1880 Quality basic education; local fair share funds; calculation.........................................HB 988 Quality basic education; merged school systems; equalization grants......................HB 1469 Quality Basic Education; midterm adjustments; training and experience ..............HB 1135
Real property; transfer to or exchange with local boards of education...................HB 1550
Redevelopment powers; amend provisions ...................................................................HB 1635
Redevelopment powers; tax allocation; amend provisions .........................................HB 1438
Redevelopment; tax allocation; city business improvement districts.......................HB 1485
Revenue bonds; powers of eminent domain; amend provisions ..................................HB 852

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2890

INDEX

MUNICIPALITIES (Also, see Local Government or Named Municipality) (Continued) Rezoning; certain hearings; posting of signs....................................................................SB 521 Safe Drinking Water Act; public water systems; amend provisions............................SB 252 Sales and use tax; certain unidentifiable proceeds; distribution...............................HB 1784 Sales tax for education; distribution; local Act............................................................HB 1520 School curriculum; evolution; present supporting and nonsupporting theories.........................................................................................HB 1133 School Safety Act; enact.....................................................................................................SB 161 Schools; build on state property; county property; transfer to county board of education..........................................................................SB 612 Schools; certain construction projects; remove limitation..........................................HB 1753 School systems; authorize mill limitation decrease - CA .............................................HR 957 School systems; certain multi-year contracts; exclude certain limitation .............................................................................................................SB 336 Service area; redefine; boundary designation...............................................................HB 1510 Sex offenders; parole or release; notification of residence ...........................................HB 362 Special county 1% sales tax; audit report schedule; auditor's report......................HB 1433 Special election to present question; time for holding ...............................................HB 1129 State courts; certain cities; appointment of judges pro hac vice ..............................HB 1238 State financing; local sales taxes; exempt certain contractors...................................HB 1765 Student code of conduct; provisions...................................................................................SB 92 Student codes and standards of conduct; boards of education establish ....................HB 45 Study Committee on Public Works Delivery System, Design, Construction, and Awarding; create ............................................................HR 1276 Tax credits; certain businesses in less developed counties ..........................................HB 626 Tax executions in lot blocks; revise provisions..............................................................HB 185 Tax returns; failure to disclose certain information; notify revenue commissioner.......................................................................................HB 1625 Taxation; property assessment; education; local fair share funds computation ...............................................................................................HB 730 Teachers; qualifications; posting by school systems......................................................HB 209 Telecommunication systems; certain fees; authorize ..................................................HB 1091 Theft by taking; certain value; municipal court jurisdiction .....................................HB 1580 Tort liability immunity; certain computer errors...........................................................SB 638 Torts; parks and recreation volunteers; liability ...........................................................HB 488 Transportation, Department of; opposition to certain projects; limit actions...................................................................................................HB 1361 Transportation, State Board; authority to name certain roads ..................................HB 158 Urge Governor and GEMA to assist in recovery from weather damage .................HR 1309 Utilities; contracts specifying rates and fees................................................................HB 1160 Volunteer fire departments; nonprofit corporation........................................................,.SB 30 Voting; absentee ballots; amend provisions...........................................,........................HB 816
Voting precinct boundaries; changes; file with Legislative and Congressional Reapportionment Office.........................................HB 1466
Wastewater discharge; nondomestic users; amend provisions ...................................HB 1724 Water and sewer systems; private contracts ...................................................................SB 318 Weight of vehicles and loads; limits; truck routes ......................................................HB 1470 Youth Camp Act; enact ...................................................................................................HB 1100 Zoning and building inspections; nonelected employees;
prohibit certain action .................................................................................................HB 1073
Zoning; automatic zoning of certain property; drug dependency facility; hearings.........................................................................................SB 600
Zoning; constitutionality; trial provisions .......................................................................HB 302
Zoning; newly annexed property; review and comment period .................................HB 1047
Zoning; redefine "zoning decision"; special use permit.................................................SB 573
Zoning; transfer of development rights .........................................................................HB 1540

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INDEX

2891

MURDER Granting of bail; restrictions...........................................................................................HB 1548 Murder of certified peace officer; define offense............................................................SB 570
MURKERSON, SHERIFF JIMMIE R.; commend .................................................HR 1290
MURRAYVILLE GATHERING; commend ..............................................................HR 1371
MUSCOGEE COUNTY Chattahoochee Judicial Circuit; superior court judges; supplement ...........................SB 584 Grant easement....................................................................................................................SR 530
MUSIC Certain sound recordings; sales to minors; prohibition; penalties ............................HB 1170 Georgia Music Hall of Fame Authority; membership; advisory committee...............SB 569

N

NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE; commend Atlanta chapter ............................................HR 1151
NATIONAL COUNCIL OF NEGRO WOMEN Recognize; invite certain members to House.................................................................HR 857
NATIONAL GUARD Certain members; workers' compensation; indemnification.........................................HB 704 Certain members; workers' compensation; indemnification..........................................SB 592 Honor guards for veterans' funerals.................................................................................SB 463 Income tax credit; members............................................................................................HB 1572 Service cancelable educational loans ...............................................................................HB 979 Service cancelable educational loans .............................................................................HB 1516
NATIONAL ORDER OF WOMEN LEGISLATORS; commend........................HR 1463
NATURAL RESOURCES (See Conservation and Natural Resources)
NEW ZION BAPTIST CHURCH; commend ............................................................HR 1241
NEWNAN-COWETA CHAMBER OF COMMERCE; commend ........................HR 1314
NEWNAN-COWETA HABITAT FOR HUMANITY; commend........................HR 1375
NEWTON COUNTY Board of elections and registration; create...................................................................HB 1790 Board of elections and registration; create......................................................................SB 687
NICOLL, WILSON L.; condolences ..............................................................................HR 1426
NONPROFIT CORPORATIONS Corporations; certain contracts with state; ineligibility..............................................HB 1303 Food sales and food service establishments; nonprofit food sales and service...................................................................................................HB 1576 Hospital authorities; powers; conflict of interest............................................................SB 261 Income tax; setoff debt; collection for political subdivisions.......................................HB 674 Local government; volunteer fire departments .................................................................SB 30 State government; certain relations with nonprofit organizations; amend provisions...................................................................................HB 722 State government; certain relations with nonprofit organizations; amend provisions....................................................................................SB 474
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2892

INDEX

NONRESIDENTS Certain disabled veterans; courtesy fishing license........................................................SB 649 Certain veterans; courtesy fishing license; fishing location operators............................................................................................HB 1633 Driving under the influence; increased fines.....................................................................SB 31 Game and fish; amend provisions..................................................................................HB 1352 Housing authorities; certain loans not usurious; certain nonresidents; prohibit presence on property ..............................................HB 1604 Qualified aliens; temporary assistance for needy families ............................................SB 531 Schools; certain attendance and enrollment.................................................................HB 1482 Withholding tax; certain property sale; exception ........................................................HB 221
NORCROSS HIGH SCHOOL CONCERT BAND; invite to House......................HR 743
NORMAN PARK, CITY OF; mayor and council; terms ..........................................HB 1896
NORTH FORSYTH HIGH SCHOOL GIRLS SOFTBALL TEAM; invite to House ....................................................................................................HR 870
NORTHEASTERN JUDICIAL CIRCUIT District attorney; salary supplement .............................................................................HB 1841 Superior court judges; salary supplement.....................................................................HB 1840
NORTHGATE HIGH SCHOOL MARCHING BAND; commend......................HR 1060
NOTARIES PUBLIC Elections; absentee ballots; amend provisions...............................................................HB 702
NUISANCES Drug related activity; actions to abate and enjoin ......................................................HB 1719 Georgia Neighborhood Protection Act; enact...............................................................HB 1681 Places used for unlawful sexual purposes; drug related object prosecution..................................................................................................SB 7 Real property; drug-related activity; redefine terms.....................................................HB 534
NURSES Advanced practice registered nurses; provisions............................................................HB 462 Certain nurse anesthetists; administration of conscious sedation; provisions.....................................................................................HB 1158 Dangerous drugs; possession prohibited; exception to prohibition................................SB 20 Georgia Nursing Limited Prescription Authority Demonstration Act; enact............................................................................................HB 1751 Registration requirements; certain volunteer service....................................................HB 394 Special license plates; "Support School Nurses".........................................................HB 1370
NURSING HOMES Certificate of need; exempt certain nursing facilities ...................................................HB 945 Certificate of need; exempt certain skilled nursing facilities ....................................HB 1537 Elections; early voting provisions.....................................................................................HB 544 Medical assistance providers; hearings; procedures ....................................................HB 1387 Pilot exercise program for certain residents.................................................................HB 1628 Staffing plans ......................................................................................................................HB 176

o

OATHS OF OFFICE Houston, Honorable Penny...............................................................................................Page 26
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INDEX

2893

OATHS OF OFFICE (Continued) Stephens, Honorable Ron.................................................................................................Page 16 Watson, Honorable Stan ...................................................................................................Page 17
OBSCENITY Sales to minors; certain sound recordings; prohibition; penalties ............................HB 1170 Sexually explicit materials; premises where distributed; prohibit entry of minors ........................................................................HB 1804
OCCUPATIONAL LICENSE (See Business and Occupation Tax)
OCCUPATIONAL THERAPY, STATE BOARD OF; repeal provisions.............HB 581
OCILLA, CITY OF; council; election ............................................................................HB 1688
OCMULGEE JUDICIAL CIRCUIT Addjudge.............................................................................................................................HB 286 Addjudge................................................................................................................................SB 77
OCONEE COUNTY Board of commissioners; amend provisions..................................................................HB 1335 Board of elections; members; terms...............................................................................HB 1338 Homestead exemption; certain residents......................................................................HB 1334 Homestead exemption; certain residents......................................................................HB 1336 Western Judicial Circuit; superior court judges; compensation...................................SB 483
ODIS TANNER ROAD; recognize honorary designation..........................................HR 1304
ODUM, PASTOR MATTHEW M., SR.; commend....................................................HR 915
OGLETHORPE COUNTY; chief magistrate; nonpartisan election.........................HB 1439
OLYMPICS Alice Hawthorne Centennial Olympic Park; designate ................................................HR 958
100 BLACK MEN OF AMERICA, INC. Georgia chapters; invite to House..................................................................................HR 1282
O'NEAL, GLENN ANN; commend...............................................................................HR 1261
OUTDOOR ADVERTISING Highways; roadside enhancement and beautification; council and fund....................SB 337 Signs near certain public facilities or interstate highways; restrictions; exception................................................................................HB 1304
OUTLAW, THOMAS EUGENE "BOJACK"; condolences....................................HR 1216
OWENS, BISHOP CHANDLER D.; commend...........................................................HR 820

P
PAGE DAY AT THE CAPITOL; designate February 17, 1998..............................HR 1104 PANOZ, DONALD E. AND NANCY H.; invite to House......................................HR 1105 PARDONS AND PAROLES
Bipartisan Joint Commission on Parole Abolition and Sentencing Reform; create .....................................................................................SR 477
Board employees; candidates for public office...............................................................HB 175
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2894

INDEX

PARDONS AND PAROLES (Continued) Certain criminals; sentences; General Assembly provide by general law for full service - CA.................................................................HR 42 Criminal procedure; violent offenders; serve 85 percent of sentence .........................HB 103 Death penalty; commutation to life imprisonment; prohibit pardon or parole - CA....................................................................................HR 111 Elections; felons vote 30 days after release ..................................................................HB 1191 Employees' Retirement; disability benefits; certain employees ...................................SB 326 Investigation of parole offender; notice.........................................................................HB 1506 Juveniles; commission of certain crimes under age 17; life without parole ..........................................................................................................HB 596 Limit authority of state board and governor - CA........................................................HR 721 Parolees and probationers; certain crimes; bailable before superior court.....................................................................................HB 1493 Probation services; transfer to State Board ...................................................................HB 427 Require pay for services .....................................................................................................SB 449 Serious violent felonies; early release; restrict eligibility ...........................................HB 1456 Sex offenders; parole or release; notification of residence...........................................HB 362 State Board of; abolish certain authority - CA ..............................................................SR 463
PARENT AND CHILD Adoption; biological parent; release of information ........................................................HB 66 Adoption; termination of parental rights...........................................................................SB 27 Alimony and child support; family support registry; provisions...............................HB 1308 Certified Professional Midwifery Act; enact..................................................................HB 475 Child abuse; certain meetings and records; allow public access ..................................SB 473 Child custody; amend provisions....................................................................................HB 1554 Child custody; awards; annual review .............................................................................HB 229 Child custody; child's choice of parent; court consider ..............................................HB 1455 Child custody; child select custodial parent at age 12................................................HB 1411 Child custody; court consider desire of child age 10 to 14 ..........................................HB 231 Child custody; emotional, physical, or psychological abuse evidence; visitation.................................................................................................SB 71 Child custody; ex parte orders; conditions for issuance .............................................HB 1112 Child custody; presumption of joint legal and physical custody; provisions...........................................................................................SB 187 Child placement in foster home; residents; records check............................................SB 244 Child support arrearages; recovery; workers' compensation settlements...................HB 698 Child support; certain college students; parents provide...........................................HB 1606 Child support; include life insurance premiums.............................................................SB 231 Child support; noncustodial parent; provide location of child ....................................HB 585 Child support recovery; certain employer reports .......................................................HB 1307 Child support; seizure of deposits; suspension of certain licenses..............................HB 828 Education; prescribed courses; include parenting ............................................................SB 41 Family violence in the presence of a minor; define ....................................................HB 1224 Fatherhood Responsibility Act; enact................................................................................SB 58 Father's rights; certain termination; filing of petition................................................HB 1752 Feticide in the second degree; define offense; penalties.............................................HB 1659 Grandparent's visitation; amend provisions ...................................................................HB 971 Health; amend provisions..................................................................................................HB 683 Health insurance; children's cancer treatment; coverage of certain costs for clinical trials...................................................................SB 603 Health insurance; coverage include contraceptives.....................................................HB 1643 Home schooled students; home school diploma.............................................................HB 486 Home schooled students; special diploma ....................................................................HB 1714 Home study programs; amend provisions.......................................................................HB 586 House Study Committee on Paternal Responsibility; create ........................................HR 33 Intestate succession; year's support; deserting spouse or parent..............................HB 1568

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INDEX

2895

PARENT AND CHILD (Continued) Intestate succession; year's support; deserting spouse or parent..............................HB 1872 Joint custody; court grant when in best interest of child..........................................HB 1536 Jury duty; exempt caregiver to child under six...........................................................HB 1256 Juvenile proceedings; removal of child from home; family reunification; foster care..................................................................................HB 1585 Land of parent in possession of child; rebuttable presumption of gift ......................SB 230 Legitimacy of child; paternity established; parental power .........................................HB 995 Marriage; rights of parties and children; certain actions of churches......................HB 1302 Minor child; selling or exchanging; provide for offense..............................................HB 1713 Minors; contraceptives and pelvic exams; parental notification...............................HB 1363 Minors under age 16; parental consent required for marriage....................................HB 141 Nannies; licensing .............................................................................................................HB 1893 Parental rights; termination; amend provisions...........................................................HB 1571 Parenting books; encourage placement in public libraries...........................................HR 997 Prenatal Care Act of 1998; enact ...................................................................................HB 1602 Public School Choice Act of 1997; enact ........................................................................HB 121 Schools; sex education on legal consequences of parenthood....................................HB 1257 Schools; sex education on legal consequences of parenthood....................................HB 1654 Seat belts; injury to unrestrained child; penalty.........................................................HB 1346 Students; in-school suspension; parental notification.................................................HB 1194 Students; pocket pagers; parental consent...................................................................HB 1500 Superior court clerks; adoption cases; fee prohibition................................................HB 1675 Torts; imputable negligence; liability for malicious acts of minor ................................SB 89
PARKER, WESLEY; condolences ...................................................................................HR 919
PARKINS, REV. REYNELL MONSELL; condolences ...........................................HR 921
PARKS, HISTORIC AREAS, AND COMMEMORATIONS Civil War historic sites; acquisition; funding; special license plates ...........................SB 178 Enforcement of regulations; permits; boats on state park lakes; restrictions..........................................................................................SB 484 Georgia Golf Hall of Fame Authority; create...............................................................HB 1126 Georgia Music Hall of Fame Authority; membership; advisory committee...............SB 569 Inlets, harbors, and rivers; beach-quality sand; regulate maintenance....................HB 1182 Inlets, harbors, and rivers; beach-quality sand; regulate maintenance....................HB 1282 Jekyll Island--State Park Authority; certain leasehold interests; taxes ................................................................................................SB 643 Joint Study Committee on Historic Preservation; create.............................................SR 552 King, Reverend Dr. Martin Luther, Jr.; commemorate anniversary of assassination........................................................................................HR 1348 Land, Water, Wildlife, and Recreation Heritage Fund; create ....................................SB 496 Land, Water, Wildlife, and Recreation Heritage Fund; General Assembly provide - CA........................................................................SR 532 Natural Resources, Department of; permits; powers; advisory committee..............HB 1592 Natural resources; off-road vehicles; regulate..............................................................HB 1006 Official Garden and Nature Trail of Georgia; designate............................................HB 1729 Outdoor advertising; certain sign placement restrictions; exception........................HB 1304 Real estate transfer tax; increase; remit to certain fund............................................HB 1551 Schools; build on state property; county property; transfer to county board of education..........................................................................SB 612 Sexual offenses; pandering; define offense; penalties; prohibitions.............................SB 158 State owned historic properties; preservation.................................................................SB 446 Stone Mountain Memorial Association; appointment of members ..........................HB 1231 Stone Mountain Memorial Association; capital improvement fund; create..............HB 950 Stone Mountain Memorial Association; certain contracts; General Assembly approve............................................................................................HB 224

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2896

INDEX

PARKS, HISTORIC AREAS, AND COMMEMORATIONS (Continued) Stone Mountain Memorial Association; certain contracts; limit terms ......................SB 274 Stone Mountain Memorial Association; certain tax proceeds; amend provisions..................................................................................HB 1232 Stone Mountain Memorial Association; exercise of police powers ..............................SB 604 Stone Mountain Memorial Association; purposes; improvement fund .......................SB 367 Wildlife management areas; certain tracts of land; provide for cessation of use................................................................--...............SB 475
PARKVIEW HIGH SCHOOL PANTHERS Football team; commend ...................................................................................................HR 776 Football team; invite to House.........................................................................................HR 777 Varsity cheerleaders; commend......................................................................................HR 1338
PARR, CANDACE; commend ........................................................................................HR 1086
PAULDING COUNTY Convey property..................................................................................................................HR 828 Convey property..................................................................................................................HR 935
PAULDING COUNTY CHAMBER OF COMMERCE; commend.....................HR 1372
PAULK, GAIL; commend ................................................................................................HR 1007
PAWNBROKERS Registration........................................................................................................................HB 1107 Title pawn transactions; amend provisions ....................................................................HB 610
PAYNE, NINA H.; commend............................................................................................HR 885
PAYTON-STEWART, DR. LUCRETIA Alpha Kappa Alpha Sorority, Inc.; invite to House......................................................HR 163
PEABODY, DEBRA; commend .......................................................................................HR 775
PEACE OFFICERS (See Law Enforcement Officers and Agencies)
PEARL HARBOR MEMORIAL HIGHWAY; designate.......................................HR 1092
PEASTER, LIEUTENANT COLONEL DAVID MONROE; commend ...........HR 1094
PENAL INSTITUTIONS Appeals filed by prisoners; application............................................................................SB 370 Attorney general; provision of counsel; certain correctional officials.........................HB 686 Certain correctional employees; carrying firearms without license ............................HB 896 Certain criminals; sentences; General Assembly provide by general law for full service - CA.................................................................HR 42 Commissioner of corrections; board determine salary; Governor approve ..............HB 1396 Community service or required work by incarcerated person; travel time ................SB 633 Computerized records; certification....................................................................................SB 47 Corrections; Board of, Department of, and commissioner of; change names.....................................................................................SB 671 Corrections, Department of; probationer or parolee in county jail; reimbursement.......................................................................................HB 811 Crimes against children; eliminate two-year limit on supervised probation........................................................................................SB 467 Criminal procedure; certain crimes committed by inmate; confinement...................HB 437 Criminal procedure; violent offenders; serve 85 percent of sentence .........................HB 103 Driving under the influence; special license plates; habitual violators; minimum mandatory imprisonment; ignition interlock devices...............................................................................................HB 139 Elections; felons vote 30 days after release ..................................................................HB 1191

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INDEX

2897

PENAL INSTITUTIONS (Continued) Employees' Retirement; certain employees; disability benefits ...................................SB 326 Georgia Street Gangs Act of 1998; enact; Georgia Street Gang and Terrorism Prevention Act; comprehensive revision of provisions....................................................................................................HB 1391 Grants to Counties for Regional Jail Capital Expenditures Act; enact.....................HB 311 House Inmate Costs Reduction Study Committee; create...........................................HR 849 Inmate accounts; deduction for damage; certain employee apparel...........................HB 760 Inmates; use of leg chains; provisions .............................................................................HB 404 Jails and detention facilities; establish guard lines.....................................................HB 1584 Juvenile court; extend jurisdiction to all persons under age 18..................................HB 669 Juvenile rehabilitation; create division; provide camps...................................................SB 18 Misdemeanors of high and aggravated nature; confinement.......................................HB 117 Open records; law enforcement officers; exempt personal information ...................HB 1499 Pardons and paroles; board employees; candidates for public office.........................HB 175 Pardons and paroles; investigation of parole offender; notice...................................HB 1506 Pardons and paroles; limit authority of state board and governor - CA...................HR 721 Pardons and paroles; offenders pay for services.............................................................SB 449 Pardons and Paroles, State Board of; abolish certain authority - CA........................SR 463 Peace Officer Standards and Training Act; change certain definitions.....................HB 791 Police chiefs and wardens; training requirement...........................................................HB 113 Prisoners; attend funerals in civilian clothes and unmanacled.................................HB 1739 Probation; certain supervision; Corrections Department employees..........................HB 648 Probation services agreements; contract with private entity.......................................HB 728 Probation services; transfer to Pardons and Paroles Board........................................HB 427 Probation; supervision fees; forward portion to Georgia Crime Victims Emergency Fund ...............................................................SB 409 Serious violent felonies; early release; restrict eligibility ...........................................HB 1456 Serious violent felony conviction; deny first offender treatment..............................HB 1164 Sex offenders; parole or release; notification of residence...........................................HB 362 Sexually violent predator; failure to register; increased penalties...............................SB 498 Sexually violent predators; registration; release of information ....................................SB 39 Transmittal of information on convicted persons; sentence packages; number .........................................................................................HB 1254
PENN, COACH HERBERT C. "CHILLY" Recognize appreciation day.............................................................................................HR 1319
PENSIONS (See Retirement and Pensions)
PERKINS, DR. BYNUM; commend ............................................................................HR 1255
PERRY, HONORABLE CHARLES B.; commend...................................................HR 1437
PERSONAL CARE HOMES Change name to assisted living facilities........................................................................HB 287
PERSONS, CLASSES OF Provide for sexes; define "gender".................................................................................HB 1774
PESTICIDES AND PEST CONTROL Ad valorem tax; penalties and interest; freeport and personal property inventory; exemption eligibility..........................................HB 1178 Boll weevil eradication; assessments on cotton; first buyer .......................................HB 1242 Motor fuel excise tax; agricultural field use vehicle; refunds; licensing and fees; certain exemption..........................................HB 1175 Structural Pest Control Commission; membership; include Commissioner of Agriculture or designee ...................................................HB 1212 Structural pest control contracts; certain information.................................................HB 156 Various pesticide licenses; denial or revocation; failure to pay education loans ......................................................................................HB 884

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2898

INDEX

"PETE WHEELER GEORGIA WAR VETERANS MEMORIAL COMPLEX"; designate.........................................................................HR 996
"PETE WHEELER GEORGIA WAR VETERANS MEMORIAL PLAZA"; designate .................................................................................SR 583
PETERSON, THOMAS ALEXANDER IV; commend...........................................HR 1166
PETROLEUM PRODUCTS (See Gas, Gasoline, and Gas Service)
PETTIS, JOHN AND DOROTHY; commend...........................................................HR 1455
PFC CLARENCE LOMAN GASKINS MEMORIAL BRIDGE Designate..............................................................................................................................HR 485 Urge Department of Transportation to name................................................................HR 620
PFC JAMES ROBERT GOOGE MEMORIAL BRIDGE Designate..............................................................................................................................HR 484 Urge Department of Transportation to name................................................................HR 622
PFC WINFORD R. BOATRIGHT ROAD Recognize honorary designation.......................................................................................HR 895
PHARMACISTS (See Prescription Drugs and Pharmacists or Professions and Businesses)
PHELPS, WESLEY STEVEN; commend.....................................................................HR 764
PHILMON, LEE; commend ............................................................................................HR 1447
PHYSICAL THERAPISTS Torts; voluntary health care services.............................................................................HB 1641
PHYSICIANS AND OSTEOPATHS Advisory Committee on Pain and Symptom Management; create..............................SB 670 Automated external defibrillators; provide for easier public access............................SB 566 Certain physicians; administration of conscious sedation; provisions......................HB 1158 Controlled substances; phenylpropanolamine and ephedrine; persons under age 18...................................................................................SB 208 Controlled Substances Therapeutic Research Act; repeal ...........................................HB 370 Dangerous drugs; possession prohibited; exception to prohibition................................SB 20 Durable power of attorney for health care; appointment of guardian........................SB 184 Essential Rural Health Care Provider Access Act; enact...........................................HB 1798 Essential Rural Health Care Provider Access Act; enact..............................................SB 594 Fairness in Health Care Act; enact..................................................................................HB 270 Georgia Medical Board; create; medical practice; revise laws...................................HB 1296 Geriatrics; encourage creation of graduate medical education curricula ....................SR 587 Geriatrics; urge Board of Regents establish certain curricula.....................................HR 841 Guardians; incapacitated adults; physicians and psychologists .....................................SB 37 Health insurance coverage; newborn or adopted child; women's access; conversion .................................................................................SB 665 Health records; governmental entities furnish to employees........................................SB 599 Hospitals; denial of staff privileges; exclude certain doctors.....................................HB 1156 Hospitals; prohibit denial of certain staff privileges......................................................SB 138 Income tax; credit; rural health care provider ...............................................................HB 389 Joint Board of Family Practice; redesignate as Georgia Board for Physician Workforce ......................................................................SB 533 Medical assistance; drug formulary; prohibit restricting physicians ..........................HB 509 Medical consent; certain test results; timely notification ............................................HB 332 Medical Examiners, Composite State Board of; function as state agency ................HB 932 Medical information; allow release in case of medical necessity...............................HB 1743

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INDEX

2899

PHYSICIANS AND OSTEOPATHS (Continued) Partial-birth abortion; prohibit ........................................................................................HB 240 Patient Access to Responsible Care Act of 1997; urge Congress pass.....................HR 1310 Patient medical records; maximum copy fee; time limit for furnishing..................HB 1586 Patient medical records; personal representative obtain............................................HB 1115 Patient Protection Act; amend provisions......................................................................HB 184 Physician's assistants; certain authority; remove provisions.....................................HB 1414 Physician's assistants; certain prescriptions; register with drug enforcement administration .......................................................HB 1332 Torts; certain resident physicians; immunity.................................................................HB 790 Torts; duty of care..............................................................................................................HB 440 Torts; implanting of certain devices; physicians' immunity ......................................HB 1907 Workers' compensation; employer substitute managed care organization for physician...................................................................................HB 1591
PIDCOCK, PRANK RAMSEY, III; condolences........................................................HR 983
PIERCE, HONORABLE BARBARA; commend......................................................HR 1317
PIKE COUNTY Board of commissioners; county manager.....................................................................HB 1831 County manager; board of commissioners ....................................................................HB 1799 Probate judge; election ....................................................................................................HB 1800 Probate judge; nonpartisan election ..............................................................................HB 1832
PINEWOOD CHRISTIAN ACADEMY Lady Patriots softball team; commend ...........................................................................HR 925 Patriots football team; commend.....................................................................................HR 961
PIPER, ANNETTE; commend .......................................................................................HR 1136
PITTS, COACH DAN; honor .........................................................................................HR 1269
PONDER, HONORABLE DAN; committee assignment ...........................................Page 20
POOLER, CITY OF Convention and visitors bureau authority .......................................................................SB 625 Corporate limits ................................................................................................................HB 1010 Mayor and aldermen; terms............................................................................................HB 1759
POPE, JUDGE IREE W.; commend.............................................................................HR 1254
PORCH, LUDLOW; invite to House ...............................................................................HR 858
POSTSECONDARY EDUCATION Board of Regents; certain works of art; authorize sale or transfer...........................HB 1201 Child support; certain college students; parents provide ...........................................HB 1606 Education Accountability Act of 1997; enact.....................................................................HB 6 Georgia Education Authority (University); amend provisions .....................................SB 292 Georgia ROTC cadets; urge participation in U. S. veterans' memorial services.................................................................................HR 873 Georgia Student Finance Authority; scholarship grants; certain students at North Georgia College..................................................HB 1552 Geriatrics; urge Board of Regents establish certain curricula.....................................HR 841 Home schooled children; HOPE scholarship; qualifications..........................................HB 90 Home schooled children; HOPE scholarship; qualifications......................................HB 1059 Home study or private school students; HOPE scholarship; qualifications................HB 31 HOPE grants, scholarships, and vouchers; eligibility; ineligibility...........................HB 1556 Hospitals; educational grants; restrict funding for certain residents .......................HB 1616 John Marshall Legal Aid Clinic; urge state funds to support .....................................HR 466 Joint Study Committee on Vocational Student Organizations; create ....................HR 1134

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2900

INDEX

POSTSECONDARY EDUCATION (Continued) Lottery; educational purposes and programs; reciprocal programs..........................HB 1741 Lottery proceeds; specify purposes for which used - CA...........................................HR 1002 Postsecondary remedial instruction; local school system reimburse state .....................................,............................................................HB 237 Postsecondary remedial instruction; submission of certain reports .........................HB 1562 Postsecondary schools; certain unpaid work; prohibit - CA........................................HR 851 Retired public school employees; health insurance coverage.....................................HB 1273 Sales tax; exempt certain home study program yearbooks........................................HB 1786 Sales tax; exempt certain sales by postsecondary education organizations ...................................................................................................HB 59 Schools; students performing certain unpaid work; prohibit.....................................HB 1403 Service cancelable educational loans; Georgia National Guard ..................................HB 979 Service cancelable educational loans; Georgia National Guard ................................HB 1516 Special license plates; colleges or universities; amend provisions...............................HB 870 Special license plates; colleges or universities outside state ........................................HB 826 Technical and Adult Education; Archives and History; authorize certain library funding................................................................HB 1705 Tuition equalization grants; Bible schools or colleges of theology or divinity; remove exclusion...................................................HB 1267 University of Georgia; prohibit certain discrimination...............................................HB 1685 University System; certain instructors; require teaching experience.........................HB 181 University System; law schools; allow recruiting by Department of Law or armed forces......................................................................HB 954 Witness fees; include certain college or university police officers ..............................HB 595
POULAN, CITY OF; new charter ..................................................................................HB 1859
PRATER, JACQUELINE POLSON; condolences ...................................................HR 1462
PRATT, D. C.; commend ..................................................................................................HR 1448
PRESCRIPTION DRUGS AND PHARMACISTS Advanced practice registered nurses; provisions; Prescriptive Authority Advisory Committee; create .................................................HB 462 Comprehensive revision of provisions; Georgia Drugs and Narcotics Agency.........................................................................................HB 330 Controlled substances; dangerous drugs; penalties .....................................................HB 1252 Controlled substances; phenylpropanolamine and ephedrine; persons under age 18...................................................................................SB 208 Convalescent equipment providers; regulate...........................,......................................HB 134 Dangerous drugs; possession prohibited; exception to prohibition................................SB 20 Elections; candidates for local office; drug testing........................................................HB 120 General Assembly; members and employees; illegal drug activity............................HB 1488 Georgia Drugs and Narcotics Agency; agents retain badge and weapon.....................HB 92 Georgia Nursing Limited Prescription Authority Demonstration Act; enact............................................................................................HB 1751 Hospitals; certain drugs; require availability ...............................................................HB 1319 Infectious and communicable diseases; certain harm reduction programs; authorize studies by Department of Human Resources..............................................................................HB 1007 Medical Assistance, Department of; prohibit certain restrictions on approved prescription drugs................................................................SB 139 Medical assistance; drug formulary; prohibit restricting physicians ..........................HB 509 Medical assistance; supplemental pharmaceutical rebates ..........................................HB 476 Medical information; allow release in case of medical necessity...............................HB 1743 Non-prescription drugs; sales tax exemption ...................................................................HB 63 Patient Protection Act; amend provisions......................................................................HB 184

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INDEX

2901

PRESCRIPTION DRUGS AND PHARMACISTS (Continued) Pharmacists; denial or revocation of license; failure to pay education loans ......................................................................................HB 884 Physician's assistants; certain authority; remove provisions .....................................HB 1414 Psychologists; prescription of drugs; amend provisions..............................................HB 1583
PRICE, CHARLES E.; condolences...............................................................................HR 1401
PRIMARIES (See Elections)
PRINCIPAL AND AGENT Leasing agents; act as agents for certain service of process......................................HB 1497 Power of attorney; termination clarification...................................................................SB 183 Principal and agent; transfer of property; certain power of attorney not effective.......................................................................................HB 55
PRINTING AND DOCUMENTS Ad valorem, income, and sales taxes; certain printing services.................................HB 1535 Archives and History, Department of; branch depository; Secretary of State establish by contract...............................................HB 1251 State government; recycled paper use; change requirements.......................................SB 574
PRISONS (See Penal Institutions)
PRIVATE DETECTIVE AND PRIVATE SECURITY BUSINESS Amend provisions.............................................................................................................HB 1704 Licenses; qualifications......................................................................................................HB 905 Motor vehicles; registration information.........................................................................HB 116 Motor vehicles; registration records; inspection............................................................HB 628
PROBATE COURTS Assistant county administrators; probate judge appoint in certain counties ............................................................................................SB 136 Certain counties; allow to hear appeals and hold jury trials........................................SB 540 Certain counties; allow use of courthouse annex .........................................................HB 1755 Certain trust issues; concurrent jurisdiction with superior court................................SB 541 Court documents; grounds for refusal; exclude font size or type .............................HB 1197 Elections; certain county boards; vacancies....................................................................HB 633 Firearms; state compliance with Brady Law..................................................................HB 290 Judge appoint replacement if disqualified...................................................................HB 1805 Judges; compensation; courthouses; annex facilities...................................................HB 1413 Judges; custodian of certain funds for certain minors; distribution ...........................SB 655 Judges of the Probate Courts Retirement; amend provisions.....................................HB 780 Judges of the Probate Courts Retirement; certain service; retire at 55 .........................................................................................................HB 779 Judges; qualifying fees.....................................................................................................HB 1202 Judges; salary supplements...............................................................................................HB 924 Judges; training requirements; amend provisions .........................................................HB 516 Local government authorities; registration; include members' names.....................HB 1557 Pre-1998 Probate Code; designate; Revised Probate Code of 1998; designate and amend ..........................................................................HB 1226 Wills; proof in common form; single witness ...............................................................HB 1655
PROBATION Certain supervision; Corrections Department employees.............................................HB 648 Community service or required work by incarcerated person; travel time ................SB 633 Crimes against children; eliminate two-year limit on supervised probation........................................................................................SB 467 Criminal procedure; revocation; confinement................................................................HB 809

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2902

INDEX

PROBATION (Continued) Driving under the influence; special license plates; habitual violators; minimum mandatory imprisonment; ignition interlock devices...............................................................................................HB 139 Municipal probation officers; training and certification............................................HB 1216 Parolees and probationers; certain crimes; bailable before superior court.....................................................................................HB 1493 Probation services agreements; contract with private entity.......................................HB 728 Serious violent felony conviction; deny first offender treatment..............................HB 1164 Sexually violent predator; failure to register; increased penalties...............................SB 498 Supervision fees; forward portion to Georgia Crime Victims Emergency Fund...................................................................................SB 409
PROFESSIONAL ASSOCIATION OF GEORGIA EDUCATORS (PAGE) ACADEMIC BOWL; commend....................................HR 1405
PROFESSIONAL COUNSELORS, SOCIAL WORKERS, AND MARRIAGE AND FAMILY THERAPISTS Juvenile proceedings; court-ordered counseling; custody order duration...................SB 660 Professional counselors; master's level psychologists; licensing ....................................HB 96 Professional social work centennial month; recognize ................................................HR 1214
PROFESSIONS AND BUSINESSES Advanced practice registered nurses; provisions............................................................HB 462 Alarm systems monitoring contractors; licensure..........................................................HB 191 Athletic trainers; health insurance; reimbursement......................................................HB 561 Auctioneers; buyer's premium; disclosure.....................................................................HB 1454 Building codes; arbitration; amend provisions...............................................................HB 189 Business expansions; allocation and apportionment of income ................................HB 1353 Certain contractors; certain violations; cease and desist orders................................HB 1104 Certain physicians and nurse anesthetists; administration of conscious sedation; provisions.....................................................HB 1158 Certificate of need; exempt certain nursing facilities ...................................................HB 945 Charitable organizations soliciting contributions; audits; registration........................................................................................................HB 1143 Charities; registration renewal; include additional information................................HB 1545 Chiropractors; continuing education..............................................................................HB 1435 Chiropractors; redefine chiropractic ..............................................................................HB 1109 Conditioned air contractors; unlicensed activity; cease and desist orders; forfeiture of property ..........................................................HB 300 Controlled Substances Therapeutic Research Act; repeal ...........................................HB 370 Cosmetologists; regulate .....................................................................................................SB 615 County boards of tax assessors; authority to summon; exclude certain schedules .............................................................................HB 133 Dental hygienists; Board of Dentistry membership; requirements...........................HB 1491 Dental hygienists; scope of practice.................................................................................HB 454 Dental practice; license; qualifications ..........................................................................HB 1049 Dentistry, Board of; additional member.......................................................................HB 1077 Dentistry; licensure; amend provisions............................................................................HB 827 Dentists; acts constituting practice; exempt certain novelty teeth...........................HB 1722 Driver training courses; secondary schools; applicability of certain law..........................................................................................HB 1299 Funeral directors and embalmers; apprenticeships; amend provisions....................HB 1478 Funeral directors and embalmers; apprenticeships; crematory licenses .....................SB 344 Funeral directors and embalmers; licensure; apprenticeship.......................................HB 132 General contractors; registration......................................................................................HB 192 General Contractors, State Licensing Board for; create...............................................HB 343 Georgia Medical Board; create; medical practice; revise laws...................................HB 1296

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INDEX

2903

PROFESSIONS AND BUSINESSES (Continued) Georgia Nursing Limited Prescription Authority Demonstration Act; enact............................................................................................HB 1751 Hospitals; denial of staff privileges; exclude certain doctors.....................................HB 1156 Hotels and motels; sanitary regulations; bed linens......................................................HB 545 Income tax; credits for increasing exports from Georgia businesses ........................HB 1667 Independent Agricultural Crop Consultants Act; enact .............................................HB 1369 Land surveyors; actions for damages; time limitation...................................................SB 147 Land surveyors; actions to recover damages; prohibit after six years......................HB 1154 Land surveyors and engineers; qualifications; amend provisions ...............................HB 483 Liens in favor of funeral directors; provide..................................................................HB 1214 Medical Examiners, Composite State Board of; function as state agency ................HB 932 Nurses; registration requirements; certain volunteer service.......................................HB 394 Nursing homes and intermediate care homes; staffing plans......................................HB 176 Pawnbrokers; registration................................................................................................HB 1107 Physician's assistants; certain authority; remove provisions.....................................HB 1414 Physician's assistants; certain prescriptions; register with drug enforcement administration .......................................................HB 1332 Plumbing contractors and master journey plumbers; amend provisions...................HB 453 Preneed funeral service contract; redefine ...................................................................HB 1686 Private detective and private security business; amend provisions..........................HB 1704 Private detectives; licenses; qualifications ......................................................................HB 905 Professional counselors; master's level psychologists; licensing ....................................HB 96 Professional Employer Organization Act; enact ..............................................................HB 26 Professional engineers and land surveyors; nonmonumentation surveys; standards .......................................................................HB 555 Professional engineers and land surveyors; certain certificates; change requirements..................................................................HB 1447 Professional engineers and land surveyors; persons not certified; penalties...................................................................................HB 1445 Psychologists; investigations; certain documents.........................................................HB 1495 Psychologists; license reciprocity agreements; investigation of complaints; records ............................................................................HB 274 Psychologists; prescription of drugs; amend provisions..............................................HB 1583 Real estate appraisers and brokers; denial or revocation of license; failure to pay education loans ................................................HB 884 Real estate appraisers, brokers, and salespersons; amend provisions ......................HB 1263 Real estate appraisers; redefine; property tax consultant; define...............................HB 897 State examining boards; amend provisions ..................................................................HB 1651 Structural Pest Control Commission; membership; include Commissioner of Agriculture or designee ...................................................HB 1212 Structural pest control contracts; certain information .................................................HB 156 Talent agencies; regulate...................................................................................................HB 257 Terminate certain licensing boards and commissions...................................................HB 581 Threats and use of force; allow in defense of dwellings, businesses, and motor vehicles....................................................................SB 476 Torts; duty of care; psychologists, physicians, professional counselors...................................................................................................HB 440 Used motor vehicle dealers; sales or leases; certain disclosure ....................................SB 196 Used motor vehicle dealers and parts dealers; certain practices; regulate............................................................................................HB 1683 Utility contractors; licensing; amend provisions............................................................HB 664 Wastewater discharge; nondomestic users; amend provisions ...................................HB 1711 Wastewater treatment facilities; privatization; provisions .........................................HB 1163
PROPERTY
Ad valorem, income, and sales taxes; certain printing services.................................HB 1535 Ad valorem tax; appeals; assessments; amend provisions ..........................................HB 1657

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2904

INDEX

PROPERTY (Continued) Ad valorem tax; assessment changes; tangible personal property..............................HB 526 Ad valorem tax; assessments and appeals; time period apply statewide....................SB 137 Ad valorem tax; certain heavy-duty vehicles; provisions...........................................HB 1324
Ad valorem tax; certain historical fraternal benefit associations; exemption..................................................................................HB 1084
Ad valorem tax; certain increases; limitation - CA.......................................................HR 815
Ad valorem tax; certain municipal property outside corporate limits; remove tax exemption......................................................................HB 851
Ad valorem tax; certain notice and disclosure; method of providing.......................HB 1458 Ad valorem tax; certain penalties not imposed upon new owners............................HB 1416 Ad valorem tax; certain penalties not imposed upon new owners............................HB 1426 Ad valorem tax; change in stated value; disclose method..........................................HB 1463 Ad valorem tax; destroyed property; proration.............................................................HB 232 Ad valorem tax; erroneous assessments; appeals; disclosures.......................................SB 529 Ad valorem taxes and license fees; time limitation for refunds....................................HB 10 Ad valorem taxes and license fees; time limitation for refunds....................................HB 11 Ad valorem tax executions; increase certain threshold amount................................HB 1368
Ad valorem tax; exempt certain chamber of commerce and civic organization property .................................................................HB 660
Ad valorem tax; exempt certain religious organizations.............................................HB 1388 Ad valorem tax; exempt certain retail inventory - CA.................................................HR 830 Ad valorem tax; exempt public property; clarify...........................................................HB 781 Ad valorem tax; fair market value; acquisition date - CA...........................................HR 591 Ad valorem tax; fair market value; amend provisions ..................................................HB 665 Ad valorem tax for school purposes; 20 mill statewide limitation - CA......................HR 41 Ad valorem tax; homestead exemption; certain senior citizens.................................HB 1314 Ad valorem tax; homestead exemption; senior citizens ..............................................HB 1312 Ad valorem tax; levy on tangible property; eliminate - CA.........................................HR 814 Ad valorem tax; limit millage rate and property value increases - CA .........................HR 6 Ad valorem tax; limit millage rate and property value increases - CA .........................HR 7 Ad valorem tax; property appraisal; acquisition date value - CA...............................HR 827 Ad valorem tax; property appraisal; acquisition date value - CA...............................HR 934 Ad valorem tax; property appraisal; continuing use of property - CA ......................HR 824 Ad valorem tax; property appraisal; purchase price value - CA.................................HR 826
Ad valorem tax; property appraisal; require generally acceptable accounting principles...............................................................HB 1125
Ad valorem tax; property valuation; interest; motor vehicle evaluation..............................................................................................HB 1247
Ad valorem tax; property values; additional considerations......................................HB 1342 Ad valorem tax; publication of rates; include certain information...........................HB 1322 Ad valorem tax returns; notice of changes; required information............................HB 1217 Ad valorem tax; return vehicles in county where functionally located....................HB 1521 Ad valorem tax; state levy; repeal certain provisions .................................................HB 1313 Agency; power of attorney; termination clarification.....................................................SB 183 Boards of equalization; certain appeals; burden of proof..........................................HB 1188 Boards of equalization; certain assessments pending review; status ..........................HB 344 Bona fide conservation use property; breach of
renewal covenant; penalties not applicable ..............................................................HB 1365 Buildings and housing; lead-based paint; prohibit renting or leasing........................HB 580 Certain lenders; prohibit requiring mortgage insurance...............................................HB 913
Certain sales; fair market value......................................................................................HB 1383
Certain sale; withholding tax; exception.........................................................................HB 221
Commercial driveways; future purchase by Department of Transportation at permit amount .........................................................................HB 1590
Commercial property; tenant default; acceleration of rent........................................HB 1770
Condemnation procedures; amend provisions................................................................HB 155

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2905

PROPERTY (Continued) Condominium associations; assessment liens; limit attorney's fees..........................HB 1775
Counties and municipalities; certain proposed lake property; disposition.......................................................................................................HB 867
County boards of tax assessors; homestead exemptions; certain duties..................HB 1698 County boards of tax assessors; removal of members; amend provisions................HB 1418 Court records and county documents; storage within state; provisions.....................HB 910 Criminal damage to property in the second degree; include graffiti........................HB 1074
Criminal trespass and damage to property; burial of debris on construction site; prohibit.....................................................................HB 1244
Criminal trespass; certain property; no offense...........................................................HB 1341
Criminal trespass; solicitation of employment; permission of owner.........................HB 707
Dispossessory proceedings; writs of possession; make effective seven days after judgment...................................................................SB 488
Divorce; real property awards; filing of certain certificate ..........................................HB 408 Education funding; counties impose sales tax;
reduce ad valorem tax - CA..........................................................................................HR 942
Education funding; repeal ad valorem tax; impose 3% sales tax - CA.....................HR 703 Education funding; repeal ad valorem tax; impose 3% sales tax - CA .....................HR 779
Emergency Management, Preparedness, and Assistance Trust Fund; create...........HB 239 Eminent domain; condemnation; compensation not subject to taxation...................HB 680 Eminent domain; exercising outside territorial boundaries; prohibit.......................HB 1261 Eminent domain; pipeline companies; tree cutting.......................................................HB 926 Estates in reversion; terminate after 50 years.............................................................HB 1769
Fraud; certain security interest; certain offenses; penalty .........................................HB 1526 Freeport and personal property inventory; exemption eligibility .............................HB 1178 Georgia Crime Information Center; certain records; landlords obtain.......................HB 122 Homestead exemption; additional qualification; recording of deed .........................HB 1474
Homestead exemption; certain permanently disabled veterans..................................HB 951 Homestead exemption; certain waivers; applicable until property filed....................HB 551 Homestead exemption; filing deadline..........................................................................HB 1464
Homestead exemption; filing deadlines; amend provisions........................................HB 1514 Homestead exemption; person absent for health
reasons; continue to receive ........................................................................................HB 1174
Homestead option sales and use tax; General Assembly provide by general law - CA.......................................................................HR 744
Housing authorities; certain loans not usurious; certain nonresidents; prohibit presence on property..............................................HB 1604
Income tax; gradual reduction; abolish 1/1/2009; repeal or conform related provisions .........................................................................HB 1218
Judicial sales; legal ad include description...................................................................HB 1406
Landlord and tenant; certain affidavits; certain payments; writ of possession; amend provisions......................................................HB 1172
Landlord and tenant; dispossessory proceedings; amend provisions..........................HB 314 Landlord and tenant; dispossessory proceedings; amend provisions...........................SB 525 Land of parent in possession of child; rebuttable presumption of gift ......................SB 230
Land surveyors; actions for damages; time limitation...................................................SB 147 Land surveyors and engineers; qualifications; amend provisions ...............................HB 483 Land, Water, Wildlife, and Recreation Heritage Fund; create ....................................SB 496 Land, Water, Wildlife, and Recreation Heritage Fund;
General Assembly provide - CA....................................................................................SR 532 Liens in favor of funeral directors; provide..................................................................HB 1214 Local government; redevelopment powers; tax
allocation; amend provisions.......................................................................................HB 1438 Local government; redevelopment; tax allocation;
city business improvement districts...........................................................................HB 1485
Map and plat recordation; Chattahoochee River stream corridor designation........................................................................................................HB 930

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2906

INDEX

PROPERTY (Continued) Mechanics' and materialmen's liens; certain imperfected liens; provide process to void...................................................................SB 508 Mechanics' and materialmen's liens; certain property of contractor; amend provisions...................................................................HB 756 Mechanics' and materialmen's liens; defective notices; voiding of record for lack of notice.............................................................HB 1696
Mortgage brokers and lenders and check cashers; denial or revocation of license; failure to pay education loans...........................................HB 884
Mortgage brokers and lenders; certain required reports; exception ...........................HB 725 Mortgage lenders; failure to pay insurance premiums; liability..................................HB 478
Municipalities; forfeited real property; sales to law enforcement officers ...........................................................................................HB 268
Municipalities; forfeited real property; sales to law enforcement officers ...........................................................................................HB 280
Natural Resources, Department of; exemption of certain property from liability.................................................................................................HB 1813
Natural Resources, Department of; permits; powers; advisory committee..............HB 1592 Nuisances; places used for unlawful sexual purposes;
drug related object prosecution.........................................................................................SB 7 Pawnbrokers; registration................................................................................................HB 1107 Pawnbrokers; title pawn transactions; amend provisions.............................................HB 610 Principal and agent; transfer of property; certain
power of attorney not effective.......................................................................................HB 55 Private Property Rights Preservation Act; enact ........................................................HB 1382 Private Real Property Rights Preservation Act; enact.................................................HB 853 Processioning; apply in incorporated municipalities...................................................HB 1208 Professional engineers and land surveyors;
nonmonumentation surveys; standards.......................................................................HB 555 Real estate appraisers; redefine; property tax consultant; define...............................HB 897 Real estate transactions; disclosure requirements; exceptions ..................................HB 1274 Real estate transfer tax; certain instruments;
applicability provisions ....................................................................................................HB 82 Real estate transfer tax; county collect and distribute...............................................HB 1645 Real estate transfer tax; increase; remit to certain fund............................................HB 1551 Real estate transfer tax; superior court clerk collect and distribute........................HB 1776 Real property; drug-related activity; redefine terms.....................................................HB 534 Real property; instruments to convey; require legible name.....................................HB 1205 Real property; market value at acquisition; appraisal - CA........................................HR 816 Real property; restrictive covenants; renewal ..............................................................HB 1080 Security instruments; cancellation upon payment of debt ........................................HB 1144 Self-service storage facilities; personal property; liens ...............................................HB 1819 State Commission on the Condemnation of Public
Property; water quality manager..................................................................................HB 773 Tangible personal property first purchased and
used outside state; sales tax liability.........................................................................HB 1656 Tangible personal property; inventory exemption; hearings .....................................HB 1124 Tax digest; property in dispute; limitation ..................................................................HB 1672 Tax executions in lot blocks; revise provisions ..............................................................HB 185 Tax executions; transfers; notice to occupant and owner ............................................HB 501 Taxation; property assessment; education; local
fair share funds computation........................................................................................HB 730
Title insurance; amend provisions .................................................................................HB 1662
Title insurers; single risks of $1 million and above ......................................................HB 858
Trespass; damage to realty; right of action; tolling of limitations............................HB 1157
Unclaimed property disposition; certain unpaid wages.................................................SB 217
Uniform Transfer on Death Security Registration Act; enact....................................HB 642

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2907

PROPERTY (Continued) Used motor vehicle dealers and parts dealers; certain practices; regulate............................................................................................HB 1683 Values established by appeal; five-year period ............................................................HB 1292 Vandalism to a cemetery or memorial; define offense..................................................HB 840
PSYCHOLOGISTS Guardians; incapacitated adults; physicians and psychologists .....................................SB 37 Investigations; certain documents..................................................................................HB 1495 License reciprocity agreements; investigation of complaints; records ........................HB 274 Master's level; licensing.......................................................................................................HB 96 Prescription of drugs; amend provisions.......................................................................HB 1583 Torts; duty of care..............................................................................................................HB 440
PUBLIC ASSISTANCE (See Social Services)
PUBLIC BUILDINGS Basic Bathroom Standards Act of 1998; enact ............................................................HB 1277 Blue Ribbon Commission on State Government Facilities; create.............................HR 742 Elections; absentee ballots; registrars use additional buildings ................................HB 1812 Firearms; discharge within 300 feet of dwelling; prohibition; exception ..................................................................................................HB 1246 Handicapped access to public facilities; exempt religious organizations..................................................................................................HB 1797 Handicapped persons; speculative private residences; provisions...............................HB 514 Wilson, Ellen Louise Axson; place portrait in capitol..................................................HR 736
PUBLIC CONTRACTS Highways; contracts for surveying and deed preparation; powers............................HB 1747 MARTA; amend provisions...............................................................................................HB 666 MARTA; amend provisions.............................................................................................HB 1094 Municipalities; water and sewer systems; private contracts .........................................SB 318 Probation services agreements; contract with private entity.......................................HB 728 Public works; permit certain withdrawal of bid ..........................................................HB 1666 School systems; certain multi-year contracts; exclude certain limitation...............................................................................................SB 336 State government; certain relations with nonprofit organizations; amend provisions...................................................................................HB 722 State government; certain relations with nonprofit organizations; amend provisions....................................................................................SB 474 State government; competitive bidding; amend provisions ..........................................SB 437 Stone Mountain Memorial Association; certain contracts; General Assembly approve..........................................................................HB 224
PUBLIC OFFICERS AND EMPLOYEES Abernathy, Senator Ralph David, III; vote impeachment charges .............................HR 722 Agriculture, Commissioner of; powers and duties; records...........................................SB 102 Attorney General; campaign contributions from public officers; prohibit................................................................................................HB 1566 Attorney general; provision of counsel; certain correctional officials .........................HB 686 Attorney General; use of private counsel; require hourly fee....................................HB 1588 Budgetary Responsibility Oversight Committee; duties; amend provisions..............HB 715 Budgetary Responsibility Oversight Committee; duties; amend provisions..............HB 716 Budget unit object class transfers; General Assembly approval ...................................HB 18 Campaign contributions; certain candidates; prohibit from lottery vendors .....................................................................................HB 1589 Campaign contributions; lottery and gambling vendors; prohibitions.....................HB 1680 Candidates; drug testing requirement; temporary waiver ..............................................HB 37 Certain county officials; compensation .........................................................................HB 1413

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2908

INDEX

PUBLIC OFFICERS AND EMPLOYEES (Continued) Certain elected officials; threats against; provide for offense....................................HB 1375 Certain state officials; salary determination; remove from list of annual salaries...................................................................,........HB 1396 Commission on Political Campaign Advertising; create...............................................HB 502 Commission on Public Employment; create...................................................................HB 579 Computers; generation of incorrect date; prohibit certain causes of action................................................................................................HB 1899 Concealing death of another person; punishment; amend provisions ........................HB 688 County officers and employees; election of health plans; amend provisions.....................................................................................SB 485 Disaster Volunteer Leave Act; enact .............................................................................HB 1266 Elections; absentee ballots; amend provisions ...............................................................HB 702 Elections; campaign activities; prohibit false statements.............................................HB 230 Elections; certain state-wide offices; plurality election ..............................................HB 1529 Elections; eliminate certain primaries; extensive revision of provisions ..................................................................................HB 1477 Elections; members of Congress; multiple-member districts.......................................HB 977 Elections; persons in arrears on taxes; prohibit eligibility...........................................HB 159 Elections; recall petitions; amend provisions.................................................................HB 942 Electronic Filing Act of 1997; enact ................................................................................HB 898 Employees' Retirement; age 60 or more at time of employment................................HB 936 Employees' Retirement and Teachers Retirement; restate annuity definition..............................................................................................HB 678 Employees' Retirement; appellate judges; reduce retirement age................................HB 56 Employees' Retirement; benefit calculation; amend provisions ..................................HB 335 Employees' Retirement; benefit calculation; repeal income cap.................................HB 736 Employees' Retirement; bus drivers; lunchroom staff; increase contributions ..................................................................................................HB 1409 Employees' Retirement; certain broadcasting service; creditable service ............................................................................................................HB 885 Employees' Retirement; certain court secretaries; creditable service.......................HB 1088 Employees' Retirement; certain full-time temporary service; creditable service ............................................................................................HB 1103 Employees' Retirement; certain law enforcement personnel; retire at age 55.............................................................................................HB 382 Employees' Retirement; certain military service; creditable service ..........................HB 271 Employees' Retirement; certain prior county service; credit.......................................HB 825 Employees' Retirement; certain tax officials; age and creditable service.....................................................................................................HB 495 Employees' Retirement; certain temporary full-time service; creditable service ............................................................................................HB 1055 Employees' Retirement; certain temporary service; change requirement..................HB 467 Employees' Retirement; compensation for calculating benefits; remove limitation............................................................................................HB 886 Employees' Retirement; creditable service for Vietnam conflict ................................HB 515 Employees' Retirement; credit for certain prior service...............................................HB 944 Employees' Retirement; death of spouse; certain option .............................................HB 439 Employees' Retirement; disability benefits; certain employees of Pardons and Paroles Board and Corrections Department................SB 326
Employees' Retirement; district attorneys' employees; membership .........................HB 724
Employees' Retirement; district attorneys' employees; membership .........................HB 937
Employees' Retirement; family and children services; creditable service ............................................................................................................HB 507
Employees' Retirement; Georgia Lottery Corporation employees; membership .................................................................................................HB 441
Employees' Retirement; lottery corporation; employee choice.....................................SB 290

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INDEX

2909

PUBLIC OFFICERS AND EMPLOYEES (Continued) Employees' Retirement; lottery employees; elect non-membership ...........................HB 477 Employees' Retirement; marriage after retirement; spouse's option..........................HB 442 Employees' Retirement; option; beneficiary predeceases member .............................HB 164 Employees' Retirement; prior Georgia Housing and Finance Authority service; creditable service.............................................................HB 786 Employees' Retirement; retire with less than 30 years ................................................HB 443 Employees' Retirement; service in certain tax office; creditable service ..........................................................................................................HB 1043 Employees' Retirement; service retirement allowance..................................................HB 677 Employees' Retirement; Teachers Retirement; certain employees; elect either system......................................................................................HB 661 Ethics and Efficiency in Government Act; enact; create General Assembly Training Institute ............................................................HB 1225 Ethics in government; candidates and family; contributions .......................................SB 605 Ethics in government; certain violations; penalties.....................................................HB 1284 Ethics in government; lobbyists and General Assembly; prohibitions.......................HB 874 Ethics in government; state elected executive officers; prohibit certain mass mailings ......................................................................HB 873 Fair employment practices; overtime or compensatory time........................................SB 700 Foresters; code of ethics; State Board authorize adoption ........................................HB 1195 Fraud, waste, and abuse; complaints by public employees to General Assembly; confidentiality; telephone number on stationery.................................................................................HB 1511 General Assembly and certain statewide officials; term limits - CA..........................HR 840 General Assembly; cost-of-living adjustment; tie to state employees' salary increase..............................................................................HB 717 General Assembly; members and employees; illegal drug activity............................HB 1488 Indemnification; state highway employees .....................................................................HB 368 Indemnification; state highway employees ......................................................................SB 117 Indemnification; state highway employees - CA............................................................HR 171 Indemnification; state highway employees - CA ..............................................................SR 64 Judicial Budget Administration Act of 1998; enact ....................................................HB 1617 Labor practices; strikes by public employees; prohibitions .......................................HB 1373 Legislative Retirement; membership; amend provisions..............................................HB 737 Merit system; certain employees; periodic review and rating....................................HB 1422 Merit system; certain officers and employees; Selective Service registration........................................................................................HB 946 Merit system; employee review and rating; performance based increases .................SB 698 Merit system; payroll audits; remove requirement .....................................................HB 1421 National Guard; certain members; workers' compensation; indemnification ...............................................................................................................HB 704 Oath of office; amend provisions......................................................................................HB 458 Pardons and paroles; board employees; candidates for public office .........................HB 175 Peace officers; administrative investigators; provisions................................................HB 868 Probation services; transfer to Pardons and Paroles Board ........................................HB 427 Professional Employer Organization Act; enact ..............................................................HB 26 Public Employees Labor Relations Act; enact.............................................................HB 1462 Public employees; termination without cause; 90 days' notice required ...................HB 872 Public office; defaulter on taxes not eligible to hold - CA...............................................SR 6
Public school teachers, administrators, and employees; indemnification - CA .................................................................................HR 414
Public Service Commission; election; amend provisions ................................................HB 95
Republican United States House of Representatives Speaker Newt Gingrich Act; enact...............................................................................HB 218
Retirement; involuntary separation; discretionary termination ..................................HB 588
Southern Dairy Compact; enact .....................................................................................HB 1371

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2910

INDEX

PUBLIC OFFICERS AND EMPLOYEES (Continued) Southern Dairy Compact; enact........................................................................................SB 420 State elected officials; term limits - CA............................................................................HR 78 State employees; certain appeals; payroll review; certain state health benefit plan coverage................................................................HB 1423 State employees' health insurance plan; include certain county officers ....................HB 52 State employees' health insurance plan; Sheriffs' Retirement employees.................HB 466 State employees; overtime compensation; prohibit required waiver ..........................HB 391 State employees; privatization; certain re-employment rights ....................................HB 356 State funds; use for performance bonuses - CA............................................................HR 817 State revenue commissioner; Governor determine salary............................................HB 482 The Budget Accountability Act of 1997; enact..................................................................HB 4 Transportation, State Board; authority to name certain roads ..................................HB 158 Veterans; job training and employment assistance; preference.................................HB 1325 Workers' compensation; National Guard; indemnification; certain Guard members and firemen..............................................SB 592 Zoning and building inspections; nonelected city and county employees; prohibit certain action........................................................HB 1073
PUBLIC PROPERTY Ad valorem tax exemption; clarify...................................................................................HB 781 Baldwin County; convey property.....................................................................................SR 493 Baldwin County; convey property.....................................................................................SR 494 Baldwin County; convey property.....................................................................................SR 496 Bibb, Chatham, Clarke, DeKalb, Dougherty, McDuffie, Muscogee, Richmond, and Union counties; grant easement.....................................SR 530 Bibb County; convey property..........................................................................................HR 829 Blue Ribbon Commission on State Government Facilities; create.............................HR 742 Chatham County; convey property...................................................................................SR 527 Chatham County; grant easement..................................................................................HR 1051 Chatham County; grant easement....................................................................................SR 627 Cobb, Gwinnett, Gordon, and Paulding counties; convey property ...........................HR 935 Coffee County; convey property........................................................................................SR 488 Contracts; public works; permit certain withdrawal of bid .......................................HB 1666 DeKalb County; convey property......................................................................................SR 481 DeKalb County; convey property......................................................................................SR 635 Elections; absentee ballots; registrars use additional buildings ................................HB 1812 Franklin, Bibb, and Richmond counties; convey property..........................................HR 825 Fulton County; lease property........................................................................................HR 1067 Gwinnett County; lease property.....................................................................................HR 953 Hancock, Appling, and Fulton counties; convey property............................................SR 560 Joint Study Committee on Baldwin County State Properties; create........................SR 151 Lobbyists; prohibit presence on third floor of capitol................................................HB 1795 Local government; real property; transfer to or exchange with local boards of education...................................................................HB 1550 Lumpkin County; convey property; repeal previous authorization .............................SR 581 Paulding County; convey property..................................................................................HR 828 Schools; build on state property; county property; transfer to county board of education..........................................................................SB 612 State capitol; designate smoke-free building................................................................HB 1272 State Commission on the Condemnation of Public Property; water quality manager..................................................................................HB 773
State owned historic properties; preservation.................................................................SB 446 State Properties Commission; membership and
organization; amend provisions .....................................................................................SB 172
Statues on capitol grounds; urge certain action relative to.........................................HR 648 Tift County; grant deed to Tift County Development Authority...............................HR 778

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INDEX

2911

PUBLIC PROPERTY (Continued) Transportation, Department of; certain rest area and information center; Cobb County.......................................................................HB 1802 Transportation, Department of; certain rest area and information center; Cobb County..........................................................................SB 693 White, Coffee, and Chatham counties; convey property; Cobb County; lease and convey property...................................................SR 489
PUBLIC RECORDS Ad valorem tax; fair market value; amend provisions..................................................HB 665 Child abuse; certain meetings and records; allow public access ..................................SB 473 Civil practice; request for nonparty health care records; notice.................................HB 395 Communications Fraud Act of 1997; enact..................................................................HB 1057 Comprehensive environmental compliance programs; disclosure; prohibitions ..................................................................................................HB 701 Correctional institutions; computerized records; certification........................................SB 47 County codes; applicability to electric power facilities.................................................HB 894 Court records and county documents; storage within state; provisions.....................HB 910 Criminal records checks; persons supervising children...................................,...........HB 1271 Dating Service Act of 1997; enact ....................................................................................HB 757 Disclosure; motor vehicle accident reports ...................................................................HB 1283 Emergency 911; certain performance reports; inspection.............................................HB 278 Fair business practices; dating services; regulate ..........................................................HB 696 Firearms; state compliance with Brady Law..................................................................HB 290 Health records; rights of unemancipated minors ........................................................HB 1339 Insurance Commissioner; certain filings; public record; financial statements; repeal certain requirement..........................................SB 542 Juvenile proceedings; amend provisions .......................................................................HB 1290 Juvenile records; crimes after age of majority; permanently unseal ........................HB 1213 Juveniles; felony or delinquent act; release name .......................................................HB 1291 Juveniles; fingerprinting; criminal records; amend provisions .....................................SB 421 Medical information; allow release in case of medical necessity...............................HB 1743 Motor vehicle accident reports; disclosure ...................................................................HB 1367 Motor vehicles; certain records; bulk distribution ........................................................HB 511 Motor vehicles; driver's record; furnish to General Assembly member......................SB 616 Motor vehicles; liability insurance requirement; amend provisions ............................SB 538 Motor vehicles; registration records; inspection by private detectives......................HB 628 Open records; enforcement actions by Attorney General...........................................HB 1549 Open records; exempt certain information .....................................................................HB 315 Open records; law enforcement officers; exempt personal information ...................HB 1499 Paramedics; cardiac technicians; certification and recertification...............................SB 543 Patient medical records; maximum copy fee; time limit for furnishing ..................HB 1586 Patient medical records; personal representative obtain............................................HB 1115 Privacy for Consumers and Workers Act; enact............................................................HB 566 Psychologists; investigations; certain documents.........................................................HB 1495 Psychologists; license reciprocity agreements; investigation of complaints; records ............................................................................HB 274 Public Participation and Enforcement Act of 1997; enact ..........................................HB 619 Real estate transactions; disclosure requirements; exceptions..................................HB 1274 Refusal to allow access; penalty .....................................................................................HB 1297 Sexually violent predators; registration; release of information ....................................SB 39 Social security numbers; prohibit disclosure..................................................................HB 744 State government; relations with certain nonprofit organizations; amend provisions....................................................................................SB 474
PUBLIC SAFETY, DEPARTMENT OF (Also, see Driver's License or Law Enforcement Officers and Agencies) Georgia Crime Information Center; certain records; landlords obtain.......................HB 122

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2912

INDEX

PUBLIC SAFETY, DEPARTMENT OF (Also, see Driver's License or Law Enforcement Officers and Agencies) (Continued) Indemnification; state highway employees - CA............................................................HR 171 Indemnification; state highway employees - CA..............................................................SR 64 Motor vehicle insurance; cancellation and renewal; reporting requirements................................................................................................HB 1620 Office of Highway Safety; certain employees; peace officers.......................................HB 685 Police chiefs and wardens; training requirement...........................................................HB 113 Speed detection devices; radar permit; full-time officer required ..............................HB 190 Speed detection devices; require employment of certified peace officers .................................................................................................HB 1738 State patrol; appointment to trooper; eligibility requirements....................................SB 586
PUBLIC SCHOOL EMPLOYEES County boards of health; membership; school superintendent or designee.........................................................................................HB 1376 County boards of health; membership; school superintendent or designee ............................................................................................SB 666 Employees' Retirement; bus drivers; lunchroom staff; increase contributions..................................................................................................HB 1409 Indemnification - CA.........................................................................................................HR 414 J. William Fulbright Educational Exchange Program; participation; provisions ..............................................................................................HB 1185 Joint Study Committee on School Support Personnel; create ..................................HR 1091 Joint Study Committee on School Support Personnel; create.....................................SR 646 Labor practices; strikes; prohibitions............................................................................HB 1373 Professional Practices Commission; abolish; Professional Standards Commission; amend provisions; transfer pending cases.....................................................................................................SB 535 Professional Standards Commission; certain certificated personnel; salary schedules ....................................................................HB 1220 Retirees; health insurance coverage ...............................................................................HB 1273 Retirement; amend provisions ........................................................................................HB 1083 Retirement; increase benefit .............................................................................................HB 381 Retirement; spousal benefits for previously unmarried retirees ...............................HB 1082 Retirement; 30 years of service.......................................................................................HB 1085 School administrators; impose teaching requirement .................................................HB 1505 Schools; certain termination of employment; apply to certain employees..........................................................................................HB 1740 Schools; local funds; employee suggestion programs...................................................HB 1788 Schools; nonresident students; certain attendance and enrollment .........................HB 1482 Teachers and school personnel; contracts; criminal record checks.............................HB 788 Teachers, personnel, and students; certain student assault; reports............................HB 42
PUBLIC UTILITIES AND TRANSPORTATION Aged and Disabled Transportation Task Force; re-create ...........................................HR 483 Communications officers and dispatch centers; training in telecommunications devices for the deaf ................................................HB 812 Conrail acquisition; urge U. S. Surface Transportation Board consider needs of public .....................................................................................SR 178 Cordless radio telephones; certain transmissions; prohibit interception ....................................................................................................HB 1079 County codes; applicability to electric power facilities.................................................HB 894 Emergency 911; certain performance reports; inspection.............................................HB 278 Emergency 911; certain personnel, supply, and equipment costs; payment..............SB 237 Emergency 911 service and system; Joint Study Committee on Wireless Enhanced 911 Charges .........................................................SB 572 House Competitive Electric Service Study Committee; create ...................................HR 649

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2913

PUBLIC UTILITIES AND TRANSPORTATION (Continued) House Study Committee on Transportation; create .....................................................HR 573 Income tax credits; tier 1, 2, and 3 counties; certain facilities; increase carry forward period.......................................................HB 1146 Joint Georgia Transportation Study Committee; create ..............................................HR 464 Joint Study Committee on Franchise Fees and Conditions, Rights of Way, and Tax Implications of Competitive Markets; create.....................................................................................SR 544 Length of vehicles and loads; tandem trailers; warning signs .....................................HB 991 Limousine carriers and passenger vans; regulations.....................................................HB 285 Local government; private toll roads and bridges; licensing authority ....................HB 1486 Long distance telephone service; solicitation by direct mail or media ......................HB 137 Motor vehicles; gasoline purchase; penalties for nonpayment...................................HB 1151 Motor vehicles; gasoline purchase; penalties for nonpayment...................................HB 1578 Motor vehicles; taxicab self-insurers; certain counties.................................................HB 753 Municipalities, counties, and local authorities; utilities; contracts specifying rates and fees.............................................................HB 1160 Public Service Commission; election; amend provisions ................................................HB 95 Public Service Commission; regulate transportation; certain radioactive material ........................................................................................HB 1289 Public Service Commission; term limits - CA..................................................................HR 78 Public Service Commission; toll-free telephone calling; certain conditions............................................................................................................HB 625 Rail Passenger Authority; study passenger rail service................................................HR 395 Regional Transportation Plan; express support for projects and programs ...........................................................................................HR 1230 Telecommunications Marketing Act of 1998; enact....................................................HB 1130 Telecommunications; third-party service charges; customer authorization; 22-mile toll-free calling area; revenue ...............................SB 522 Telecommunication systems; certain fees; authorize ..................................................HB 1091 Telephone; prepaid calling services; regulate...............................................................HB 1560 Telephone solicitations to residential subscribers; regulate...........................................HB 71 Telephones; residential lines; block 976 and 900 calls..................................................HB 747 Telephones; toll-free calling; adjacent counties; Universal Service Fund..................................................................................................HB 161 Telephones; universal access fund; distribution; amend provisions .........................HB 1386 Transportation definitions; include bicycles and rail service ......................................HB 623 Transportation definitions; include bicycles and rail service .......................................SB 145 Transportation, Department of; Vehicle Safety and Inspection Division; create ............................................................................................HB 735 Transportation; spent nuclear fuel and radioactive waste; Public Service Commission regulate................................................................HB 646 Transportation, State Board of; authority to name certain roads..............................HB 158 Utility contractors; licensing; amend provisions............................................................HB 664 Vehicle weights and loads; permits for excess weight and dimensions; amend provisions...............................................................................HB 848
PUBLICATIONS Communications Fraud Act of 1997; enact ..................................................................HB 1057 Lottery advertisements; include odds of winning..........................................................HB 536 Open meetings; change in time or place; notice ..........................................................HB 1825 Pardons and paroles; investigation of parole offender; notice...................................HB 1506 Sales tax exemption; certain advertising inserts............................................................HB 556 Sexually explicit materials; premises where distributed; prohibit entry of minors ........................................................................HB 1804
PUTNAM COUNTY HIGH SCHOOL LADY EAGLES BASKETBALL TEAM; invite to House ..................................................................HR 1280

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2914

INDEX

Q

QUALITY BASIC EDUCATION (QBE)
Annie Plummer Act; enact..............................................................................................HB 1492 Blue Ribbon Study Committee on Funding of the
"Quality Basic Education Act"; create.........................................................................SR 467 Certain attorneys' fees; reimbursement; certain
teachers; salary; paid leave..........................................................................................HB 1183 Certain foreign language instruction; funding..............................................................HB 1184 Certain funds; spend on media center materials .........................................................HB 1880 Certain programs; criteria for allocation of funds.........................................................HB 729 Charter Schools Act of 1997; amend provisions ............................................................HB 354 Charter Schools Act of 1998; enact; capital outlay funding.........................................HB 353 Curriculum-based assessments; limit use........................................................................HB 276 Driver education; media centers; funding; grants; program weights..........................HB 409 Educational grants; lengthen school year.......................................................................HB 244 Equalization grants; middle school grants; foreign language grants ...........................SB 491 Grants, scholarships, and vouchers for postsecondary
education; eligibility; ineligibility...............................................................................HB 1556 High schools; athletic competition; certain prohibitions ............................................HB 1627 J. William Fulbright Educational Exchange
Program; participation; provisions .............................................................................HB 1185 Local fair share funds; calculation...................................................................................HB 988 Local fair share funds computation; taxation; property assessment ..........................HB 730 Local school systems; statewide comprehensive
educational information network ...................................................................................HB 44 Merged school systems; equalization grants.................................................................HB 1469 Midterm adjustments; training and experience .............................................................HB 301 Midterm adjustments; training and experience ...........................................................HB 1135 Program weights; amend provisions ................................................................................HB 863 Public School Choice Act of 1997; enact ........................................................................HB 121 Rape avoidance course; establish ...................................................................................HB 1065 School administrators; impose teaching requirement .................................................HB 1505 School curriculum; evolution; present supporting
and nonsupporting theories.........................................................................................HB 1133 School curriculum; human origin theories; scientific evidence..................................HB 1210 Schools; certain construction projects; remove limitation..........................................HB 1753 Schools; low-wealth capital outlay grants; provisions.................................................HB 1750 Schools; required courses; include black history.........................................................HB 1119 Sex education; instruction on legal consequences of parenthood.............................HB 1257 Sex education; instruction on legal consequences of parenthood.............................HB 1654 Students; in-school suspension; parental notification.................................................HB 1194 Substitute teachers; require bachelor's degree.............................................................HB 1838
QUITMAN COUNTY; water and sewerage authority; create ...................................HB 1574

R

R. A. OLSTEEN ROAD; recognize honorary designation ...........................................HR 898 RACETRACKS
Alcoholic beverages; Sunday sales; allow at certain facilities.......................................SB 537 Pari-mutuel wagering at horsetracks - CA .......................................................................HR 53
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2915

RADAR Speed detection devices; amend provisions....................................................................HB 363 Speed detection devices; permit; full-time officer required.........................................HB 190 Speed detection devices; require employment of certified peace officers.............................................................................................HB 1738 Speed detection devices; school zones; warning signs unnecessary............................HB 611 Speeding in school zone; admissibility..........................................................................HB 1203
RADCLIFFE, HUGH FRANK; commend ..................................................................HR 1258
RADIATION CONTROL Certain radioactive material; regulate transportation.................................................HB 1289 Spent nuclear fuel and radioactive waste; Public Service Commission regulate transportation ..............................................................HB 646
RADIO Amateur Radio Weekend; designate June 27-28 ............................................................SR 485 Communications Fraud Act of 1997; enact ..................................................................HB 1057 High schools; certain sporting events; prohibit charge for broadcasting..................................................................................................HB 996 Uniform rules of the road; radios and phones in vehicle; exercise due care in using.............................................................................HB 1555
RAGAS, HONORABLE ARNOLD; committee assignment......................................Page 28
RAILROADS Conrail acquisition; urge U. S. Surface Transportation Board consider needs of public .....................................................................................SR 178 Crossings in Marietta; urge CSX reopen ........................................................................HR 422 Crossings in Marietta; urge CSX reopen ......................................................................HR 1074 Highways; railroad crossings; failure to permit safe passage of traffic...................................................................................................HB 1015 House Study Committee on Transportation; create .....................................................HR 573 Joint Georgia Transportation Study Committee; create ..............................................HR 464 Mass transportation services; contract provisions; counties and municipalities...........................................................................................HB 236 Norfolk Southern Railroad intermodal facility; express opposition.........................HR 1252 Rail Passenger Authority; study passenger rail service ................................................HR 395 Transportation definitions; include bicycles and rail service ......................................HB 623 Transportation definitions; include bicycles and rail service .......................................SB 145
RAPE Statutory rape; certain offenders; serve full minimum sentence ..............................HB 1808 Victims under age 12; penalties........................................................................................HB 801
RAUSCH, TIMOTHY S.; commend .............................................................................HR 1045
RAWLS, TOM; commend.................................................................................................HR 1150
"RAYMOND BERRY OAKLEY HI BRIDGE"; designate .....................................SR 653
READ ACROSS AMERICA CAMPAIGN; endorse................................................HR 1156
REAL ESTATE (Also, see Property) Appraisers and brokers; denial or revocation of license; failure to pay education loans ........................................................................HB 884 Appraisers, brokers, and salespersons; amend provisions ..........................................HB 1263 Appraisers; redefine; property tax consultant; define...................................................HB 897 Condemnation procedures; amend provisions................................................................HB 155 Financial institutions; extensive revision of provisions ..............................................HB 1354 Intangible recording tax; filing of real estate instruments.............................................HB 73

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2916

INDEX

REAL ESTATE (Also, see Property) (Continued) Land of parent in possession of child; rebuttable presumption of gift ......................SB 230 Municipalities; forfeited real property; sales to law enforcement officers................................................................................................HB 268 Municipalities; forfeited real property; sales to law enforcement officers................................................................................................HB 280 Transfer tax; certain instruments; applicability provisions ...........................................HB 82 Transfer tax; county collect and distribute..................................................................HB 1645 Transfer tax; increase; remit to certain fund...............................................................HB 1551 Transfer tax; superior court clerk collect and distribute ...........................................HB 1776 Trespass; limitation of actions; when cause accrues .....................................................HB 263 Used motor vehicle dealers and parts dealers; certain practices; regulate............................................................................................HB 1683
REAMS, SHIRLEY C.; commend ...................................................................................HR 800
REAPPORTIONMENT General Assembly; membership and apportionment; House of Representatives; election ............................................................................HB 1093 House of Representatives; reapportion districts 77 and 78.......................................HB 1429 House of Representatives; reapportion districts 84 and 87 .......................................HB 1300 House of Representatives; reapportion districts 84 and 87.......................................HB 1648 House of Representatives; reapportion districts 84 and 87.......................................HB 1702 House of Representatives; reapportion districts 156, 157, 165, 166, 172, 173, and 174..........................................................................................HB 1502 House of Representatives; reapportion districts 161 and 163 ...................................HB 1600 House of Representatives; reapportion districts 161 and 163...................................HB 1715 House of Representatives; reapportion districts 172, 173, and 174..........................HB 1320 Procedure; county boards of commissioners.................................................................HB 1111 Senate; reapportion districts 3 and 6...............................................................................SB 644 Senate; reapportion districts 48 and 56...........................................................................SB 250 Voting precinct boundaries; changes; file with Legislative and Congressional Reapportionment Office.........................................HB 1466 Voting Rights Act; preclearance; urge Congress repeal................................................HR 224
"REDDISH-WARREN BYPASS"; designate portion of Highway 23 .....................HR 741
REDEVELOPMENT (See Buildings and Housing)
REESE, SUFFRAGAN BISHOP STEWART, JR., AND BETHESDA TEMPLE APOSTOLIC FAITH, INC.; commend......................HR 1143
REID, COACH RICHARD; commend.........................................................................HR 1228
REID, JANEL LYNN; commend ..................................................................................HR 1468
RELIGION Alcoholic beverage sales; minimum distance from churches or schools......................SB 298 Arson; damage to places of worship; penalties...............................................................HB 485 Certain religious organizations; ad valorem tax exemption .......................................HB 1388 Education; origins of life; present scientific theories ....................................................HB 547 Food sales and food service establishments; nonprofit food sales and service .................................................................................HB 1576 Handicapped access to public facilities; exempt religious organizations..................................................................................................HB 1797 Home study or private school students; HOPE scholarship; qualifications................HB 31 Marriage; rights of parties and children; certain actions of churches......................HB 1302 Person's exercise of religion; prohibit governmental burden - CA.............................HR 865 Programs for periodic released time for religious instruction; commend..................HR 875 Religious freedom; protection against governmental intrusion.................................HB 1123

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2917

RELIGION (Continued) School curriculum; evolution; present supporting and nonsupporting theories.........................................................................................HB 1133 School curriculum; human origin theories; scientific evidence..................................HB 1210 Sunday sales; private clubs; allow additional alcoholic beverages............................HB 1436 Tuition equalization grants; Bible schools or colleges of theology or divinity; remove exclusion...................................................HB 1267 Vandalism; places of worship; penalty when persons are injured................................SB 226 Worldwide Cancer Prayer Day; urge observance...........................................................HR 872
RESPIRATORY CARE Controlled Substances Therapeutic Research Act; repeal ...........................................HB 370 Medical Examiners, Composite State Board of; function as state agency ................HB 932
RESTAURANTS Brewpubs; amend provisions .............................................................................................SB 289 Food; safe handling; Department of Human Resources establish course of instruction....................................................................................HB 1171
RETIRED TEACHERS AT THE CAPITOL DAY; declare ...................................SR 470
RETIREMENT AND PENSIONS Code corrections................................................................................................................HB 1227 Commission on Public Employment; create...................................................................HB 579 District Attorneys' Retirement; amend provisions......................................................HB 1033 Employees' Retirement; age 60 or more at time of employment................................HB 936 Employees' Retirement and Teachers Retirement; restate annuity definition..............................................................................................HB 678 Employees' Retirement; appellate judges; reduce retirement age ................................HB 56 Employees' Retirement; benefit calculation; amend provisions ..................................HB 335 Employees' Retirement; benefit calculation; repeal income cap.................................HB 736 Employees' Retirement; bus drivers; lunchroom staff; increase contributions ........................................................................................HB 1409 Employees' Retirement; certain broadcasting service; creditable service ............................................................................................................HB 885 Employees' Retirement; certain court secretaries; creditable service.......................HB 1088 Employees' Retirement; certain full-time temporary service; creditable service ............................................................................................HB 1103 Employees' Retirement; certain law enforcement personnel; retire at age 55.............................................................................................HB 382 Employees' Retirement; certain military service; creditable service ..........................HB 271 Employees' Retirement; certain prior county service; credit.......................................HB 825 Employees' Retirement; certain tax officials; age and creditable service.....................................................................................................HB 495 Employees' Retirement; certain temporary full-time service; creditable service ............................................................................................HB 1055 Employees' Retirement; certain temporary service; change requirement..................HB 467 Employees' Retirement; compensation for calculating benefits; remove limitation............................................................................................HB 886 Employees' Retirement; continued membership; community service boards .........HB 1042 Employees' Retirement; creditable service for Vietnam conflict ................................HB 515 Employees' Retirement; credit for certain prior service...............................................HB 944 Employees' Retirement; death of spouse; certain option .............................................HB 439 Employees' Retirement; disability benefits; certain employees of Pardons and Paroles Board and Corrections Department................SB 326 Employees' Retirement; district attorney's employees; membership .........................HB 724 Employees' Retirement; district attorneys' employees; membership .........................HB 937 Employees' Retirement; family and children services; creditable service ............................................................................................................HB 507

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2918

INDEX

RETIREMENT AND PENSIONS (Continued) Employees' Retirement; Georgia Lottery Corporation employees; membership...........................................................................HB 441 Employees' Retirement; lottery corporation; employee choice.....................................SB 290 Employees' Retirement; lottery employees; elect non-membership ...........................HB 477 Employees' Retirement; marriage after retirement; spouse's option..........................HB 442 Employees' Retirement; option; beneficiary predeceases member .............................HB 164 Employees' Retirement; prior Georgia Housing and Finance Authority service; creditable service.............................................................HB 786 Employees' Retirement; retire with less than 30 years ................................................HB 443 Employees' Retirement; service in certain tax office; creditable service ..........................................................................................................HB 1043 Employees' Retirement; service retirement allowance..................................................HB 677 Employees' Retirement; Teachers Retirement; certain employees; elect either system......................................................................................HB 661 Firemen's Pension; certain prior service; creditable service ........................................HB 336 Firemen's Pension; certain prior service; creditable service ......................................HB 1071 Firemen's Pension; certain spousal benefits; survivor's option...................................HB 338 Firemen's Pension; eligibility.............................................................................................SB 128 Income tax; retirement income exclusion; increase.......................................................HB 549 Income tax; retirement income exclusion; increase .....................................................HB 1424 Income tax; retirement income exclusion; remove limitation ......................................HB 782 Involuntary separation; discretionary termination ........................................................HB 588 Joint Public Retirement System Study Committee; create...................................,.....HR 781 Judges of the Probate Courts Retirement; amend provisions.....................................HB 780 Judges of the Probate Courts Retirement; certain service; retire at 55....................HB 779 Judicial Budget Administration Act of 1998; enact ....................................................HB 1617 Judicial Retirement System; create; District Attorneys', Superior Court Judges, and Trial Judges and Solicitors retirement systems; repeal; transfer assets ..........................HB 751 Legislative Retirement; membership; amend provisions ..............................................HB 737 Peace Officers' Annuity and Benefit; include certain children and youth services employees ..........................................................HB 759 Peace Officers' Annuity and Benefit; retiree; reemployment......................................HB 243 Public retirement systems; convicted felons; terminate participation.....................HB 1417 Public School Employees Retirement; amend provisions ..........................................HB 1083 Public School Employees Retirement; increase benefit ...............................................HB 381 Public School Employees Retirement; spousal benefits for previously unmarried retirees................................................................HB 1082 Public School Employees Retirement; 30 years of service.........................................HB 1085 Regents Retirement; members ineligible for certain Teachers Retirement benefits .........................................................................HB 943 Securities; retirement savings loss; liability..................................................................HB 1789 Sheriffs' Retirement; spousal death; increase benefit...................................................HB 464 Superior Court Clerks' Retirement; post retirement benefit increases......................HB 571 Superior Court Judges Retirement; certain members; benefit increase.......................HB 88 Superior Court Judges Retirement; senior judges; salary ..........................................HB 1069 Survivor's benefits; secondary beneficiary....................................................................HB 1096 Teachers Retirement; allowance; increase by same percentage as teachers' salary.....................................................................................HB 1099 Teachers Retirement; certain part-time service; creditable service..........................HB 1066
Teachers Retirement; certain permanent disability; disability benefit......................HB 947
Teachers Retirement; certain private school service; creditable service ..........................................................................................................HB 1054
Teachers Retirement; death of designated recipient ..................................................HB 1081
Teachers Retirement; early retirement; eliminate penalty ............................................HB 40
Teachers Retirement; early retirement; reduce penalty ...............................................HB 201

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2919

RETIREMENT AND PENSIONS (Continued) Teachers Retirement; forfeited annual and sick leave; creditable service.................................................................................................HB 198 Teachers Retirement; forfeited annual and sick leave; creditable service .................................................................................................HB 202 Teachers Retirement; forfeited annual and sick leave; creditable service....................................................................................................SB 79 Teachers Retirement; forfeited sick leave; creditable service......................................HB 203 Teachers Retirement; post-retirement benefit adjustment..........................................HB 223 Teachers Retirement; postgraduate study; interruption by military service..........................................................................................................HB 576 Teachers Retirement; pregnancy; creditable service.....................................................HB 444 Teachers Retirement; restoration of beneficiary to service; reimbursement of certain benefits..................................................................SB 558 Teachers Retirement; service in certain overseas schools; creditable service..............................................................................................HB 997 Teachers Retirement; service in certain private schools; creditable service..............................................................................................HB 400 Teachers Retirement; 25 years of service; certain membership..................................HB 200 Teachers Retirement; 27 years of service.......................................................................HB 199 Teachers Retirement; visiting scholars; creditable service.........................................HB 1041 Trial Judges and Solicitors Retirement; benefits; certain survivors...........................HB 264 Trial Judges and Solicitors Retirement; certain prior membership; creditable service.........................................................................HB 1092 Trial Judges and Solicitors Retirement; increase retirement benefit.........................HB 254 Trial Judges and Solicitors Retirement; spousal coverage; rejection.........................HB 256
REVENUE (See Taxation and Revenue)
REVENUE BONDS Georgia Education Authority (University); amend provisions .....................................SB 292 Local government; redevelopment powers; amend provisions...................................HB 1635 Powers of eminent domain; amend provisions...............................................................HB 852
REVEREND CHARLES WALTER HAYES "Reverend Charles Walter Hayes Memorial Highway"; "Reverend Charles Walter Hayes Memorial Bridge"; designate .................................................SR 252
REVEREND JOSEPH EDWARD GRIZZLE BRIDGE; designate....................HR 1064
RICEBORO, CITY OF; corporate limits ......................................................................HB 1503
RICHARDS, LAURA WASHINGTON; commend..................................................HR 1454
RICHARDSON, KIBBIE; commend ..............................................................................HR 765
RICHMOND COUNTY Assistant county administrators; probate judge appoint...............................................SB 136 Augusta-Richmond County Coliseum Authority; members .........................................HB 216 Augusta-Richmond County; county attorney; appointment ........................................HB 743 Board of commissioners; appointments .............................................................................SB 10 Board of commissioners; chair-mayor vote........................................................................SB 49 Board of commissioners; vote to break tie ..........................................................................SB 9 Certain officials; compensation.........................................................................................HB 766 Convey property..................................................................................................................HR 825 Governing authority; appointments.................................................................................HB 215 Grant easement....................................................................................................................SR 530 State court; add judge........................................................................................................HB 765 State court; solicitor-general.............................................................................................HB 767

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RICHMOND HILL, CITY OF Richmond Hill Area Convention and Visitors Bureau Authority; membership..................................................................................................HB 740

RILEY, SENATOR DIANA HARVEY JOHNSON; commend.............................HR 922

RIVERS AND LAKES

Boats on state park lakes; restrictions.............................................................................SB 484

Conservation rangers; provide new designation..............................................................SB 514

Counties and municipalities; certain proposed

lake property; disposition ..............................................................................................HB 867

Green treefrog; designate as official state amphibian.................................................HB 1343

Green treefrog; designate as official state amphibian.................................................HB 1539

Inlets, harbors, and rivers; beach-quality sand; regulate maintenance ....................HB 1182

Inlets, harbors, and rivers; beach-quality sand; regulate maintenance....................HB 1282

Joint Stream Buffer Study Committee; create...............................................................SR 644

Map and plat recordation; Chattahoochee River stream

corridor designation........................................................................................................HB 930

Metropolitan River Protection Act; exempt certain structures.....................................HB 21

Metropolitan river protection; comprehensive land and water use plans................HB 1679

Metropolitan river protection; comprehensive land and water use plans ..................SB 661

Middle Chattahoochee Water Resources Authority; create .......................................HB 1401

Natural Resources, Department of; permits; powers; advisory committee..............HB 1592

Natural Resources, Department of; prohibit certain

withdrawal of ground water ........................................................................................HB 1480

Natural resources; land-disturbing variances;

^

impact on flood plains and stream banks.................................................................HB 1359

Trout fishing and waters; amend provisions................................................................HB 1087

Trout streams; buffer requirement variances; amend provisions..............................HB 1593

Water resources authority; authorize General Assembly to create - CA...................HR 852

Watercraft and personal watercraft; amend provisions..............................................HB 1394

Watercraft; boating under the influence; child endangerment..................................HB 1393

Watercraft; speed restrictions; accidents......................................................................HB 1395

RIVERSIDE MIDDLE SCHOOL ACADEMIC BOWL TEAM; commend.....HR 1179

RIVERSTONE PARKWAY Designate portion of Ball Ground Highway ...................................................................HR 482

ROBERT MILTON LEE ROAD Recognize honorary designation.....................................................................................HR 1206 Recognize honorary designation .....................................................................................HR 1305

ROCKDALE COUNTY; board of commissioners; vacancies ....................................HB 1721

RODGERS, ELWYN;commend.....................................................................................HR 1042

ROETS, JEAN; commend ................................................................................................HR 1178

ROGERS, BRITTNEY; invite to House.......................................................................HR 1052

ROGERS, COACH TERRY AND THE UNION COUNTY HIGH SCHOOL BOY'S BASKETBALL TEAM; invite to House ...............................HR 1167

ROME, CITY OF Commend...........................................................................................................................HR 1176 Consolidation with Floyd County; advisory referendum ............................................HB 1737

ROMIE WATERS HIGHWAY; designate ....................................................................HR 812

ROSCOE COLLINS DRIVE; designate ......................................................................HR 1095

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2921

ROWE, TROOPER FIRST CLASS GRANT G.; commend ....................................HR 879 ROY LOVETT CARTER ROAD; recognize honorary designation ..........................HR 894 ROYAL, NICHOLE; commend.......................................................................................HR 1434 RUDD, DANNY;commend.............................................................................................HR 1445

S. C. CADWELL ROAD; designate...............................................................................HR 1106
SACRED HEART CATHOLIC CHURCH OF ATLANTA; commend .............HR 1410
"SAFE DRIVERS' AWARENESS DAY"; declare March 2, 1998........................HR 1217
SAFE SCHOOLS PROGRAM; commend ...................................................................HR 1465
SALES AND USE TAX Alcoholic beverage sales; transfer of table wine; license.............................................HB 1384 Certain exemptions; require reestablishment...............................................................HB 1446 Certain printing services..................................................................................................HB 1535 Certain unidentifiable proceeds; distribution...............................................................HB 1784 Deduction for bad credit card debt...............................................................................HB 1660 Educational purposes; imposition - CA.........................................................................HR 1068 Educational purposes; multiple county school district ...................................................HB 14 Education funding; counties impose sales tax; reduce ad valorem tax - CA..........................................................................................HR 942 Education funding; repeal ad valorem tax; impose 3% sales tax - CA .....................HR 703 Education funding; repeal ad valorem tax; impose 3% sales tax - CA.....................HR 779 Exempt aircraft used for agricultural purposes .............................................................HB 196 Exempt aircraft used for agricultural purposes...........................................................HB 1347 Exempt blood glucose level measuring strips...............................................................HB 1105 Exempt Boy Scout popcorn ............................................................................................HB 1344 Exempt building materials used in recycling .................................................................HB 142 Exempt certain advertising inserts..................................................................................HB 556 Exempt certain funeral merchandise.............................................................................HB 1442 Exempt certain granite manufacturing material..........................................................HB 129 Exempt certain home study program yearbooks................................................... .....HB 1786 Exempt certain motor fuels................................................................................................HB 81 Exempt certain sales by postsecondary education organizations..................................HB 59 Exempt certain sales to home health agencies ..............................................................HB 144 Exempt fuel used by licensed commercial fishermen ...................................................HB 705 Exempt grass sod..............................................................................................................HB 1348 Exemptions; liability; tangible personal property first bought and used outside state ...........................................................................HB 1656 Exempt non-prescription drugs..........................................................................................HB 63 Exempt organ banks and procurement facilities .........................................................HB 1132 Exempt sales to housing authorities..............................................................................HB 1563 Exempt sales to public foundationB.....................................................,.........................HB 1544 Exempt wheelchairs..........................................................................................................HB 1558 Foods and beverages exempted; dealers post certain signs .........................................HB 972 Foods and beverages exempted; urge posting of signs by dealers ..............................HR 581 Homestead option sales and use tax; General Assembly provide by general law - CA .........................................................................................HR 744 Hotels and motels; excise and sales taxes; aggregate amount .....................................HB 679
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2922

INDEX

SALES AND USE TAX (Continued) Imposition; amend provisions .............................................................................................HB 80 Income and sales taxes; amend provisions .........................................................................HB 8 Local option; certain counties; prohibit certain reduction of proceeds ...................................................................................................HB 1703 Local option; educational purposes; amend provisions.................................................HB 860 Local option; educational purposes; concurrent resolution........................................HB 1673 Local option; concurrent resolution requirements..........................................................SB 517 Local option; proceeds; authorize use in certain special districts.............................HB 1507 Local public school systems; General Assembly provide for finance and support - CA........................................................................................HR 516 Sales tax for education; distribution; local Act......................................................----HB 1520 Special county 1% sales tax; audit report schedule; auditor's report......................HB 1433 Special county 1% sales tax; imposition date; amend provisions...............................HB 959 Special county 1 % sales tax; not applicable to sale or use of certain motor vehicles ...................................................................................HB 887 Special county 1% sales tax; returns; additional information...................................HB 1663 Special county 1% sales tax; solid waste handling .......................................................HB 700 Special county 1% sales tax; use for certain voting equipment................................HB 1467 State financing; local sales taxes; exempt certain contractors...................................HB 1765 Unlawful collection on food; urge Department of Revenue take action....................HR 939
SALTER, MARY ETTA ARKANSAS GUNN; commend.......................................HR 967
SANCHEZ, LORETTA AND CYNTHIA MCKINNEY; invite to House .........HR 1023
SANDY SPRINGS, CITY OF; incorporate ....................................................................HB 22
SATCHER, DR. DAVID; congratulate.........................................................................HR 1271
SAVANNAH, CITY OF Chatham County; convey property ................................................................................HR 1187 Chatham-Savannah Authority for the Homeless; amend provisions........................HB 1811 City manager; amend provisions ....................................................................................HB 1031 Corporate limits................................................................................................................HB 1646 Homestead exemption; certain citizens.........................................................................HB 1608 Transit services; repeal certain provisions....................................................................HB 1928
SAVANNAH HIGH SCHOOL BLUE JACKETS MEN'S BASKETBALL TEAM; commend ............................................................................HR 1336
SAVANNAH SAINT PATRICK'S DAY PARADE COMMITTEE Invite representatives and grand marshal to House .....................................................HR 400 Invite representatives and grand marshal to House ...................................................HR 1109
SAVE OUR KIDS; commend............................................................................................HR 799
SCHOOLS (Also, see Education) Additional instruction time; use for weather closings.................................................HB 1248 Alcoholic beverage sales; minimum distance from churches or schools......................SB 298 Alcoholic beverage sales; school building; define............................................................SB 111 Annie Plummer Act; enact..............................................................................................HB 1492 Buses; passenger seat belts................................................................................................HB 220 Buses; student transportation; state aid eligibility .......................................................HB 312 Charter Schools Act of 1997; amend provisions............................................................HB 354 Charter Schools Act of 1997; enact.....................................................................................SB 70 Charter Schools Act of 1998; enact; capital outlay funding.........................................HB 353 Close on Veterans Day.....................................................................................................HB 1385 Curriculum relative to presidents; present on President's Day ................................HB 1519 Declaration of Independence, U. S. Constitution, and Federalist Papers; urge schools devote day to study ..............................................HR 1250

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2923

SCHOOLS (Also, see Education) (Continued) Driver training courses; secondary schools; applicability of certain law..........................................................................................HB 1299 Driver's license; assessment of points; speeding in school zone..................................HB 605 Driver's license; require driver education course; public schools offer.........................................................................................HB 1223 Education; joint after-school programs for at-risk students; grants............................SB 404 High school honors program; participation by certain students...............................HB 1712 High schools; athletic competition; certain prohibitions ............................................HB 1627 High schools; certain sporting events; prohibit charge for broadcasting ..............................................................................................................HB 996 Joint Study Committee on High School Technology Career Academies; create...............................................................................................HR 999 Joint Study Committee on School Health Care; create ................................................SR 677 Joint Study Committee on School Support Personnel; create ..................................HR 1091 Joint Study Committee on School Support Personnel; create.....................................SR 646 Juvenile convicted of felony; court notify school ..........................................................HB 179 Juveniles; condition of probation; maintain passing average in school......................HB 140 Juveniles; court records; inspection by certain school officials .....................................HB 41 Loitering on premises; prohibit; penalty .......................................................................HB 1255 Mandatory school attendance; increase age to 18 .........................................................HB 405 Mandatory school attendance; increase age to 18..........................................................SB 106 Middle school grants; eligibility .....................................................................................HB 1428 Middle school grants; equalization grants; foreign language grants............................SB 491 Middle school grants; requirements; authorize waiver ...............................................HB 1377 Public School Choice Act of 1997; enact ........................................................................HB 121 Radar; speeding in school zone; admissibility..............................................................HB 1203 Required courses; include black history........................................................................HB 1119 School Safety Act; enact.....................................................................................................SB 161 Special license plates; "Support School Nurses".........................................................HB 1370 Special license plates; "Supporting Public Schools".....................................................HB 422 Speed detection devices; school zones; warning signs unnecessary ............................HB 611 Students; certain withdrawal from school; waiver of certain rights .........................HB 1561 Students; in-school suspension; parental notification.................................................HB 1194 Traffic offenses; certain reduced speed zones; double fine..........................................HB 613 Tuition equalization grants; public school students; nonpublic schools............................................................................................................HB 136
SCHWABE, HERBERT L.; condolences .......................................................................HR 803
SCOTT, BRANDELYN; commend .................................................................................HR 771
SEAT BELTS Child safety restraints; violation; assess points ...........................................................HB 1451 Exclude all terrain vehicles; define "restrained"............................................................SB 591 Failure to wear; taxing of prosecution costs; certain additional fees; prohibit .................................................................................HB 1169 Injury to unrestrained child; penalty ............................................................................HB 1346 School buses; passenger seats ...........................................................................................HB 220
SEAY FAMILY; recognize 1998 family reunion ..........................................................HR 1456
SEAY, WENDY VACARI; commend ...........................................................................HR 1449
SECRETARY OF STATE Archives and History, Department of; branch depository; establish by contract................................................................................HB 1251 Charities; registration renewal; include additional information................................HB 1545 Communications...................................................................................................Pages 15, 16, 25

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INDEX

SECRETARY OF STATE (Continued) Corporations; electronic filing of documents................................................................HB 1623 Elections; candidate qualifications challenge; hearing..................................................HB 638 Electronic Filing Act of 1997; enact ................................................................................HB 898 Ethics in government; prohibit certain mass mailings .................................................HB 873 Georgia flag; removal by New York State Legislature from their state flag display; relative to .....................................................................HR 275 Plurality election...............................................................................................................HB 1529 Professional Employer Organization Act; enact ..............................................................HB 26 Technical and Adult Education; Archives and History; authorize certain library funding................................................................HB 1705 Term limits - CA ..................................................................................................................HR 78
SECURITIES Amend provisions.............................................................................................................HB 1372 Investment advisor; redefine.............................................................................................HB 671 Mutual insurers; amend provisions................................................................................HB 1587 Mutual insurers; mergers; mutual insurance holding companies; provisions......................................................................................................SB 595 Retirement savings loss; liability....................................................................................HB 1789 Security instruments; cancellation upon payment of debt ........................................HB 1144 Uniform Commercial Code; investment securities; provisions .....................................SB 402 Uniform Transfer on Death Security Registration Act; enact ....................................HB 642 Uniform Transfer on Death Security Registration Act; enact..................................HB 1531
SELLARS, FRANCES; commend .................................................................................HR 1264
SEMINOLE COUNTY Board of education; nomination and election ..............................................................HB 1779 Surveyor; abolish elected office; appoint ......................................................................HB 1777
SEMINOLE COUNTY HIGH SCHOOL BASKETBALL TEAM; invite to House ..................................................................................................HR 1279
SENATE Abernathy, Senator Ralph David, III; vote impeachment charges .............................HR 722 Adjournment; relative to...................................................................................................HR 810 Adjournment; relative to...................................................................................................HR 927 Adjournment; relative to.................................................................................................HR 1165 Bills and resolutions; passage; require repeal of statutes - CA...................................HR 831 Bipartisan Joint Commission on Parole Abolition and Sentencing Reform; create .....................................................................................SR 477 Commission on the 250th Anniversary of a Representative Assembly in Georgia; create..........................................................................................HR 998 General Assembly and certain statewide officials; term limits - CA..........................HR 840 General Assembly; membership and apportionment ..................................................HB 1093 Howard, Honorable Pierre; commend ...........................................................................HR 1417 Joint session; Governor's budget message ......................................................................HR 727 Joint session; Governor's message; invite Supreme Court Justices and Appeals Court Judges..................................................................HR 729 Joint session; Governor's state of the state message ....................................................HR 728 Joint session; message from Chief Justice of Supreme Court .....................................HR 730 Lobbyists; prohibit presence on third floor of capitol...............................................,HB 1795 Lodging paid by lobbyists; prohibit...............................................................................HB 1110 Members and employees; illegal drug activity .............................................................HB 1488 Nonpartisan elections.......................................................................................................HB 1512 Notify Senate; House convened .......................................................................................HR 725 Reapportion districts 3 and 6..................................................................................--.......SB 644 Reapportion districts 48 and 56 ........................................................................................SB 250

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2925

SENATE (Continued) State government; privatization of certain operations; certain notice .......................HB 607 Term limits - CA ....................................................................................................,.............HR 78 Vetoes; General Assembly reconvene for considering - CA.......................................HR 1035
SENIOR WEEK AT THE CAPITOL Declare the week of January 26-30, 1998 .......................................................................HR 862
SENTENCING Bipartisan Joint Commission on Parole Abolition and Sentencing Reform; create.....................................................................................SR 477 Certain murders; death or life without parole .............................................................HB 1328 Controlled substances; sale or distribution to minor; sentencing; amend provisions.........................................................................HB 1286 Crimes against children; eliminate two-year limit on supervised probation .................................................................................................SB 467 Criminal procedure; certain crimes committed by inmate; confinement...................HB 437 Criminal procedure; revocation of probation; confinement .........................................HB 809 Criminal procedure; violent offenders; serve 85 percent of sentence.........................HB 103 Death penalty; defendant guilty but mentally ill; life without parole.......................HB 109 Death penalty; electrocution; lethal intravenous infusion..........................................HB 1237 Driving under the influence; homicide by vehicle; impose life imprisonment or death............................................................................HB 1176 Juveniles; commission of certain crimes under age 17; life without parole ..........................................................................................................HB 596 Juveniles; fingerprinting; criminal records; amend provisions .....................................SB 421 Parolees and probationers; certain crimes; bailable before superior court....................................................................................................HB 1493 Presentencing hearings; certain juvenile records; additional evidence.......................HB 147 Rape or aggravated sodomy; victims under age 12; penalties.....................................HB 801 Serious violent felonies; early release; restrict eligibility...........................................HB 1456 Serious violent felony conviction; deny first offender treatment..............................HB 1164 Statutory rape; certain offenders; serve full minimum sentence ..............................HB 1808
SEPTIC SYSTEMS; placement by counties ................................................................HB 1113
SERGEANT J. D. "EDDIE" MILES BRIDGE Designate..............................................................................................................................HR 859 Recognize honorary designation.....................................................................................HR 1342
SEXUAL OFFENSES Child molestation offenses; touching and not touching child......................................HB 957 Child molestation; sentencing - CA.................................................................................HR 114 House Protection of Children from Sexual Abuse Study Committee; create ...........HR 780 Municipal courts; certain cases; authorize trial and disposition .................................HB 949 Nuisances; places used for unlawful sexual purposes; drug related object prosecution.........................................................................................SB 7 Pandering; define offense; penalties; prohibitions..........................................................SB 158 Rape or aggravated sodomy; victims under age 12; penalties .....................................HB 801 Sex offenders; parole or release; notification of residence ...........................................HB 362 Sexual assault; include sexual contact between attorney and client..........................HB 352 Sexual harassment in the workplace; right of action against employer.....................HB 472 Sexually explicit materials; premises where distributed; prohibit entry of minors ........................................................................HB 1804 Sexually violent predator; failure to register; increased penalties...............................SB 498 Sexually violent predators; registration; release of information ....................................SB 39 Statutory rape; certain offenders; serve full minimum sentence ..............................HB 1808
SHARPSBURG SHARPSHOOTERS SONS OF CONFEDERATE VETERANS CAMP #1729; commend....................................................................HR 1079

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SHAW, DOROTHY R.; commend..................................................................................HR 1083
SHAW, HONORABLE JAY; communications.................................................Pages 557, 558
SHEARER, WILLIAM H, JR.; commend....................................................................HR 966
SHERIFFS Certain fines; add 2% surcharge....................................................................................HB 1355 Certain fines; add 2% surcharge....................................................................................HB 1489 Compensation....................................................................................................................HB 1413 Law enforcement; police volunteers; provisions.............................................................HB 366 Process servers; eligibility; appointment by certain court.........................................HB 1196 Qualifications; training; redefine peace officer ...............................................................SB 142 Qualifying fees........................................,..........................................................................HB 1202 Retirement; spousal death; increase benefit...................................................................HB 464 Service fees........................................................................................................................HB 1233 Sexually violent predators; registration; release of information ....................................SB 39 State employees' health insurance plan; Sheriffs' Retirement employees.................HB 466
SHERMAN, GREGORY "GUS"; commend ...............................................................HR 1394
SHERRILL, HONORABLE TOM; commend ...........................................................HR 1471
SHIPMAN, REVEREND J. C.; commend....................................................................HR 911
"SHOOT THE BULL" Designate as an official state barbecue championship cookoff...................................HB 616
SHORT, JANET L.; commend .......................................................................................HR 1027
SHORTER, HONORABLE WESLEY L.; commend...............................................HR 1041
SHRADER, PHYLLIS; commend .................................................................................HR 1010
SHUMANS, DEREK; commend ......................................................................................HR 770
SLOSHEYE TRAIL BIG PIG JIG Recognize as Official Barbecue Cooking Contest ........................................................HR 1232
SMALLS, SAMUEL; condolences ...................................................................................HR 804
SMALLWOOD, SARAH; condolences..........................................................................HR 1391
SMITH, DEEN DAY Commend.............................................................................................................................HR 821 Invite to House...................................................................................................................HR 791
SMITH, DR. JANE E., ED.D.; commend......................................................................HR 886
SMITH, DR. WILL, JR.; commend ..............................................................................HR 1087
SMITH, HONORABLE LARRY; committee assignment..........................................Page 21
SMITH, HONORABLE TOMMY; communications..........................Pages 913, 1265, 1777
SMITH, JOSH; commend ................................................................................................HR 1148
SMITH, LESSIE, JR.; condolences...............................................................................HR 1175
SMITHGALL, CHARLES A.; commend.....................................................................HR 1246
SMYRNA, CITY OF Corporate limits................................................................................................................HB 1814 Invite officials to House ....................................................................................................HR 723 Invite officials to House ....................................................................................................HR 809

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2927

SNOW, HONORABLE MIKE; committee assignment...............................................Page 23
SOCIAL CIRCLE, CITY OF; school district; create...................................................HB 539
SOCIAL SERVICES Adoption; termination of parental rights...........................................................................SB 27 Certificate of need; amend provisions; Indigent Care Trust Fund.............................HB 373 Child abuse; certain meetings and records; allow public access ..................................SB 473 Child placement in foster home; residents; records check,...........................................SB 244 Children's Health Insurance Plan Act; enact...............................................................HB 1787 Counties and municipalities; certain appropriations; require referendum.........................................................................................................HB 552 Elections; registration of homeless voters; provide.....................................................HB 1177 Employees' Retirement; family and children services; creditable service ............................................................................................................HB 507 Fatherhood Responsibility Act; enact ................................................................................SB 58 Georgia Indigent Defense Council; use of private funds............................................HB 1323 Georgia State Nutrition Assistance Program (SNAP); enact....................................HB 1253 Group-care facilities; placement of certain children; prohibitions..............................HB 865 Health; amend provisions..................................................................................................HB 683 Health maintenance organizations; allow marketing to Medicaid recipients..................................................................................................HB 1326 Health maintenance organizations; allow marketing to Medicaid recipients..................................................................................................HB 1408 Hospital authorities; sale of hospitals; use of proceeds..............................................HB 1682 Hospitals; inpatient services; provide for uniform reimbursement .............................SB 575 House Study Committee on Homelessness in Georgia; create......................................HR 20 Income tax; gradual reduction; abolish 1/1/2009; repeal or conform related provisions.........................................................................HB 1218 Joint Board of Family Practice; redesignate as Georgia Board for Physician Workforce ......................................................................SB 533 Joint Study Committee on Hunger; create.....................................................................HR 394 Juvenile proceedings; removal of child from home; family reunification; foster care......................................................................HB 1585 Long Term Care Choice Act of 1997; enact ...................................................................HB 512 Medical assistance; certain provider participation; termination....................................SB 44 Medical assistance; hospital inpatient services; reimbursement...............................HB 1235 Medical assistance providers; hearings; procedures....................................................HB 1387 Medical assistance; supplemental pharmaceutical rebates ..........................................HB 476 Medical assistance; unlawful acts; abuse; Medicaid fraud forfeiture.......................HB 1440 Minors; contraceptives and pelvic exams; parental notification...............................HB 1363 Nannies; licensing.............................................................................................................HB 1893 Nursing homes; pilot exercise program for certain residents ....................................HB 1628 Parental rights; termination; amend provisions...........................................................HB 1571 Peace Officers' Annuity and Benefit; include certain children and youth services employees.......................................................................HB 759 PeachCare for Kids Act; enact..........................................................................................SB 410 Personal care homes; change name to assisted living facilities...................................HB 287 Persons supervising children; criminal records checks...............................................HB 1271 Public assistance; social assistance register; provisions.................................................SB 267 Spontaneous abortion contraceptives; certain state agencies; prohibit distribution..........................................................................HB 1329 State plan of medical assistance; modification or waivers; requirement...............................................................................................HB 1179 Students; certain withdrawal from school; waiver of certain rights.........................HB 1561 Temporary assistance for needy families; disabled children; extend to age 22 ...........................................................................................HB 1652 Temporary assistance for needy families; qualified aliens............................................SB 531

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INDEX

SOCIAL SERVICES (Continued) Youth Camp Act; enact...................................................................................................HB 1100 Youthbuild Program Act; enact..........................................................................................SB 68
SOIL Grass sod; sales tax exemption.......................................................................................HB 1348 Inlets, harbors, and rivers; beach-quality sand; regulate maintenance....................HB 1182 Inlets, harbors, and rivers; beach-quality sand; regulate maintenance....................HB 1282 Soil and water conservation; supervisors; audits; summary financial data...............................................................................................HB 1295 Soil conservation; promotion and education; authorize expenditure .......................HB 1301
SOUTH GEORGIA COLLEGE WOMEN'S SOFTBALL TEAM; invite to House ....................................................................................................HR 960
SOUTHWEST GEORGIA ACADEMY LADY WARRIORS BASKETBALL TEAM; invite to House..................................................................HR 1281
SPALDING COUNTY Board of commissioners; residency requirements........................................................HB 1443 Collaborative authority for families and children; create .............................................SB 703
SPARKS, TOWN OF; mayor and council; terms ........................................................HB 1824
SPEAKER OF THE HOUSE Communications............................................................Pages 1, 2, 3, 14, 15, 19, 20, 21, 22, 23, 24, 26, 28, 404, 554, 555, 557, 559
SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS Education; speech pathology services; certain contracts ..............................................HB 699 Georgia Speech-Language Pathology Study Committee; create ...............................HR 1224
SPORTS Alcoholic beverages; Sunday sales; allow at certain race track facilities.............................................................................................SB 537 Assault and battery against a sports official; penalties..............................................HB 1243 Atlanta-Fulton County Stadium; request reexamination of its future......................HR 569 Boxing; regulation; State Boxing Commission ...............................................................HB 396 Georgia Golf Hall of Fame Authority; create...............................................................HB 1126 Georgia Sports Hall of Fame; amend provisions .........................................................HB 1419 High schools; athletic competition; certain prohibitions............................................HB 1627 High schools; certain sporting events; prohibit charge for broadcasting..................................................................................................HB 996 Special license plates; Georgia Bowler's Association.....................................................HB 813 Special license plates; United States Disabled Athletes Fund; fees and costs.....................................................................................HB 1538 Ticket scalping; change effective date.............................................................................HB 843 Ticket scalping; exempt charitable organizations........................................................HB 1476
SPRAGGINS, NITA; commend .....................................................................................HR 1285
ST. ANDREW'S SCHOOL SAINTS Basketball team; commend .............................................................................................HR 1324 Soccer team; commend ....................................................................................................HR 1322
STALKING AND AGGRAVATED STALKING; amend provisions ..................HB 1639
STANLEY, ALBSIA;commend.....................................................................................HR 1245
STANLEY, HONORABLE LANETT; committee assignment.................................Page 22
STANLEY, JERRY WALTER; condolences..............................................................HR 1131

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2929

STANTON, WILLIAM "BILL" MCGLANNERY; :ommend..............................HR 1469
STAPLETON, CITY OF; corporate limits......................................................................SB 676
STATE COURTS OF COUNTIES Certain cities; selection of solicitor; amend provisions.................................................HB 672 Concealed weapons; licensure; exempt certain judges not in office .........................HB 1473 Court documents; grounds for refusal; exclude font size or type .............................HB 1197 Court proceedings; parties request elected judge ........................................................HB 1771 Courts; certain counties; allow use of courthouse annex............................................HB 1755 Family violence; violation of protective orders; concurrent jurisdiction.................................................................................................HB 1709 Judges; compensation.........................................................................................................HB 292 Judges; nonpartisan elections without primaries...........................................................HB 820 Judgments; deferred partial payment................................................................................SB 35 Judicial assistance; permanent basis; magistrates as permanent assisting judges; certain counties ......................................................HB 1642 Solicitor-general; selection.................................................................................................HB 265
STATE EMPLOYEES Certain appeals; payroll review; certain state health benefit plan coverage.......................................................................................HB 1423 Certain employees; Employees' Retirement or Teachers Retirement; elect either system....................................................................................HB 661 Commission on Public Employment; create...................................................................HB 579 Computers; generation of incorrect date; prohibit certain causes of action................................................................................................HB 1899 Disaster Volunteer Leave Act; enact.............................................................................HB 1266 Fair employment practices; overtime or compensatory time........................................SB 700 Fraud, waste, and abuse complaints to General Assembly; confidentiality.............................................................................................HB 1511 General Assembly; cost-of-living adjustment; tie to state employees' salary increase..............................................................................HB 717 General Assembly; members and employees; illegal drug activity............................HB 1488 Health insurance plan; include certain county officers..................................................HB 52 Health insurance plan; Sheriffs' Retirement employees ..............................................HB 466 Indemnification; state highway employees ......................................................................SB 117 Information Technology Policy Council; add member...............................................HB 1404 Labor practices; strikes; prohibitions............................................................................HB 1373 Merit system; certain employees; periodic review and rating....................................HB 1422 Merit system; certain officers and employees; Selective Service registration........................................................................................HB 946 Merit system; employee review and rating; performance based increases .................SB 698 Merit system; payroll audits; remove requirement .....................................................HB 1421 Overtime compensation; prohibit required waiver........................................................HB 391 Privatization; certain re-employment rights...................................................................HB 356 Public Employees Labor Relations Act; enact.............................................................HB 1462 Retirement; age 60 or more at time of employment.....................................................HB 936 Retirement; appellate judges; reduce retirement age......................................................HB 56 Retirement; benefit calculation; amend provisions.......................................................HB 335 Retirement; benefit calculation; repeal income cap ......................................................HB 736 Retirement; bus drivers; lunchroom staff; increase contributions ..................................................................................................HB 1409 Retirement; certain broadcasting service; creditable service.......................................HB 885 Retirement; certain court secretaries; creditable service............................................HB 1088 Retirement; certain full-time temporary service; creditable service.........................HB 1103 Retirement; certain law enforcement personnel; retire at age 55 ...............................HB 382 Retirement; certain military service; creditable service................................................HB 271

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INDEX

STATE EMPLOYEES (Continued) Retirement; certain prior county service; credit............................................................HB 825 Retirement; certain tax officials; age and creditable service.......................................HB 495 Retirement; certain temporary full-time service; creditable service.........................HB 1055 Retirement; certain temporary service; change requirement.......................................HB 467 Retirement; compensation for calculating benefits; remove limitation......................HB 886 Retirement; continued membership; community service boards ..............................HB 1042 Retirement; creditable service for Vietnam conflict .....................................................HB 515 Retirement; credit for certain prior service ....................................................................HB 944 Retirement; death of spouse; certain option ..................................................................HB 439
Retirement; disability benefits; certain employees of Pardons and Paroles Board and Corrections Department...................................SB 326
Retirement; district attorneys' employees; membership ..............................................HB 724 Retirement; district attorneys' employees; membership ..............................................HB 937 Retirement; family and children services; creditable service.......................................HB 507 Retirement; Georgia Lottery Corporation employees; membership ...........................HB 441 Retirement; involuntary separation; discretionary termination ..................................HB 588 Retirement; lottery corporation; employee choice..........................................................SB 290 Retirement; lottery employees; elect non-membership..............................,..................HB 477 Retirement; marriage after retirement; spouse's option...............................................HB 442 Retirement; option; beneficiary predeceases member...................................................HB 164 Retirement; prior Georgia Housing and Finance
Authority service; creditable service............................................................................HB 786 Retirement; restate annuity definition............................................................................HB 678 Retirement; retire with less than 30 years......................................................................HB 443 Retirement; service in certain tax office; creditable service ......................................HB 1043 Retirement; service retirement allowance.......................................................................HB 677 State funds; use for performance bonuses - CA............................................................HR 817 Termination without cause; 90 days' notice required...................................................HB 872
STATE GOVERNMENT Administrative hearings; transfer pending cases from Professional Practices Commission to Professional Standards Commission ...................................................................................................SB 535 Administrative procedure; promulgation of rules; amend provisions.........................HB 992 Affirmative action; prohibit ................................................................................................HB 99 Archives and History, Department of; branch depository; Secretary of State establish by contract...............................................HB 1251 Blue Ribbon Commission on State Government Facilities; create .............................HR 742 Budgetary Responsibility Oversight Committee; duties; amend provisions..............HB 715 Budgetary Responsibility Oversight Committee; duties; amend provisions..............HB 716 Certain motor vehicles; identifying markings ................................................................HB 624 Certain officials; salary determination; remove from list of annual salaries..........................................................................................HB 1396 Certain performance audits and reports; provisions ...................................................HB 1321 Certain relations with nonprofit organizations; amend provisions .............................HB 722 Certain vehicles; identifying markings ..........................................................................HB 1461 Competitive bidding; amend provisions...........................................................................SB 437
Computers; generation of incorrect date; prohibit certain causes of action................................................................................................HB 1899
Counties and municipalities; certain real property; competitive bids..........................HB 32 Doing business with certain financial institutions; prohibit........................................HB 940 Doing business with financial institutions requiring
fingerprints; prohibit......................................................................................................HB 618 Electronic records; amend provisions...............................................................................SB 433 Executive branch; legislative oversight ...........................................................................HB 150 Federal military budget; shift money to states for domestic use................................HR 312 Financial institutions; check cashing; prohibit fingerprinting.......................................HB 33

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STATE GOVERNMENT (Continued) Fraud, waste, and abuse; complaints by public employees to General Assembly; confidentiality; telephone number on stationery.................................................................................HB 1511 Georgia; agricultural disaster area; urge Congress declare...........................................HR 811 Georgia Commission on the Holocaust; create.............................................................HB 1664 Georgia Commission on Women; amend provisions......................................................HB 761
Georgia flag; removal by New York State Legislature from their state flag display; relative to .....................................................................HR 275
Georgia Music Hall of Fame Authority; membership; advisory committee...............SB 569 Georgia Sports Hall of Fame; amend provisions .........................................................HB 1419 Green treefrog; designate as official state amphibian.................................................HB 1343 Green treefrog; designate as official state amphibian.................................................HB 1539 Hawkinsville "Shoot the Bull" barbecue championship;
official state barbecue championship cookoff ............................................................HB 616 Housing; down payment assistance; federal funds ........................................................HB 469 Income tax; gradual reduction; abolish 1/1/2009;
repeal or conform related provisions .........................................................................HB 1218 Information Technology Policy Council; add member ...............................................HB 1404 Joint Study Committee on State Spending for Private Counsel; create...................HR 166 Lobbyists; registration; amend provisions ....................................................................HB 1581 Lottery advertisements; include odds of winning..........................................................HB 536 Lottery; educational purposes and programs; reciprocal programs ..........................HB 1741 Lottery; educational purposes and programs; redefine.................................................HB 210 Lottery grants for education; students earning A's.....................................................HB 1678 Lottery proceeds; grants; certain Department of Children
and Youth Services schools...........................................................................................HB 939 Lottery retailers; compensation........................................................................................HB 934 Medical Assistance, Department of; prohibit certain
restrictions on approved prescription drugs................................................................SB 139 Medical assistance; drug formulary; prohibit restricting physicians ..........................HB 509 Medical Examiners, Composite State Board of; function as state agency ................HB 932 Metropolitan area planning and development commissions; membership..............HB 1903 Motor vehicles; registration and licensing; amend provisions .....................................HB 450 Official Garden and Nature Trail of Georgia; designate............................................HB 1729
Open meetings and public records; enforcement actions by Attorney General .......................................................................................HB 1549
Open meetings; change in time or place; notice ..........................................................HB 1825 Open records; exempt certain information....................................................................HB 315 Open records; law enforcement officers; exempt personal information ...................HB 1499 Person's exercise of religion; prohibit governmental burden - CA.............................HR 865 Planning and Budget, Office of; fiscal notes; prohibit participation..........................HB 537 POW/MIA flag; authorize display in public schools......................................................SB 426 Private Property Rights Preservation Act; enact ........................................................HB 1382 Privatization; employees displaced by; certain re-employment rights.......................HB 356 Privatization of operations; certain notice......................................................................HB 607 Prohibit imposition of greater qualifications on persons home schooled...................SB 412 Public Employees Labor Relations Act; enact.............................................................HB 1462 Public officers; oath of office; amend provisions...........................................................HB 458 Public records; refusal to allow access; penalty ...........................................................HB 1297 Public records; social security numbers; prohibit disclosure .......................................HB 744
Ralph Mark Gilbert Civil Rights Museum; designate official state museum ......................................................................................................SB 366
Recycled paper use; change requirements .......................................................................SB 574
Relations with certain nonprofit organizations; amend provisions..............................SB 474
Religious freedom; protection against governmental intrusion .................................HB 1123
Southern Dairy Compact; enact .....................................................................................HB 1371

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2932

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STATE GOVERNMENT (Continued) Southern Dairy Compact; enact ........................................................................................SB 420 State auditor; county revenues and expenditures; annual report ...............................HB 282 State capital; designate smoke-free building................................................................HB 1272 State examining boards; amend provisions..................................................................HB 1651 State financing; local sales taxes; exempt certain contractors..................................HB 1765 State flag; change design..................................................................................................HB 342 State funds; prohibit expending for behavior inconsistent with law..........................HB 498 State of Georgia and Ivory Coast; declare sister states..............................................HR 1004 State-owned wildlife; certain damage; sovereign immunity; waiver ...........................HB 836 State powers; claim sovereignty under U. S. Constitution ..........................................HR 225 State Properties Commission; membership and organization; amend provisions.............................................................................................................SB 172 State purchasing; competitive bids; amend provisions .................................................HB 317 State service delivery regions; create.............................................................................HB 1650 State Sovereignty and Federal Tax Funds Act; enact................................................HB 1816 State symbols; designate official state tartan ................................................................HB 471 State Use Council; required procurement; exempt certain interpreters..................HB 1345 Statues on capitol grounds; urge certain action relative to .........................................HR 648 Telephones; toll-free calling; adjacent counties; Universal Service Fund..................................................................................................HB 161 Tort liability immunity; certain computer errors...........................................................SB 638 Transportation, State Board of; public hearings; requirement .................................HB 1245 Turner County peanut monument; designate official state peanut monument...............................................................................................HB 1490
STATE OF GEORGIA AND IVORY COAST; declare sister states....................HR 1004
STATE OF ISRAEL; commend .....................................................................................HR 1082
STATE PATROL (See Law Enforcement Officers and Agencies or Public Safety, Department of)
STATE PROPERTY (See Public Property)
STATE SYMBOLS Green treefrog; designate as official state amphibian.................................................HB 1343 Green treefrog; designate as official state amphibian.................................................HB 1539 Hawkinsville "Shoot the Bull" barbecue championship; designate as an official state barbecue championship cookoff................................HB 616 Official Garden and Nature Trail of Georgia; designate ............................................HB 1729 Official state tartan; designate .........................................................................................HB 471 Ralph Mark Gilbert Civil Rights Museum; designate official state museum ......................................................................................................SB 366 Slosheye Trail Big Pig Jig; recognize as Official Barbecue Cooking Contest ..........................................................................................HR 1232 State and local government; certain vehicles; identifying markings ........................HB 1461 Turner County peanut monument; designate official state peanut monument...............................................................................................HB 1490
STATUES ON CAPITOL GROUNDS Urge certain action relative to..........................................................................................HR 648
STATUTES AND LAWS Bills and resolutions; passage; require repeal of statutes - CA...................................HR 831
STEPHENS COUNTY; board of commissioners; compensation..............................HB 1901
STEVENSON, ROBERT AND GOSPEL TIME; commend.................................HR 1293
STEWART, NATALIE; commend...................................................................................HR 769

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STILLMORE, CITY OF; new charter. .........................................................................HB 1742
STOCKBRIDGE, CITY OF; corporate boundaries....................................................HB 1762
STONE MOUNTAIN JUDICIAL CIRCUIT ............................................................................................................................SB 77
Superior court judges; increase supplement... ..............................................................HB 1723
STRICKLAND HOUSE; recognize ...............................................................................HR 1118
STHICKLAND, SUSAN W.; commend. ........................................................................HR 976
STRIPLING, LAUREN;commend.................................................................................HR 971
STROKE AWARENESS MONTH Declare May, 1998; Joint Study Committee on the Impact of Strokes on Georgia's Citizens; create ......................................................HR 1000
STROUD, CLEVELAND; commend ............................................................................HR 1367
STROUPE, CATHERINE SARAH; commend..........................................................HR 1212
STRUCTURAL PEST CONTROL Commission; membership; include Commissioner of Agriculture or designee ..................................................................................... ...........HB 1212 Contracts; certain information........... ................................ ...............................................HB 156
SUGAR HILL, CITY OF; corporate limits..................................................................HB 1926
SULLIVAN, JUDY T.; commend..................................................................................HR 1120
SUMTER COUNTY; board of education; nonpartisan election ...............................HB 1793
SUNDAY SALES Alcoholic beverages; allow at certain race track facilities .............................................SB 537 Private clubs; allow additional alcoholic beverages..... ................................................HB 1436
SUPERIOR COURT JUDGES RETIREMENT Certain members; benefit increase.....................................................................................HB 88 Employees' Retirement; certain law enforcement personnel; retire at age 55 .............................................................................................HB 382 Repeal; transfer assets to Judicial Retirement System ................................................HB 751
SUPERIOR COURTS Alimony or child support; certain motions to enforce; part of underlying action...............................................................................................HB 804 Appeals from magistrate court; placement on calendar; bench trial........................HB 1186 Bell-Forsyth Judicial Circuit; create; Blue Ridge Judicial Circuit; revise ....................................................................................... ............HB 406 Chief magistrate; vacancy; superior court appoint temporary ....................................HB 402 Child custody; child's choice of parent; court consider ........................................... ...HB 1455 Clerks; adoption cases; fee prohibition.......................... ................................................HB 1675 Clerks; compensation; training; courthouses; annex facilities.... ................................HB 1413 Clerks; training and reporting requirements .................................................. ..............HB 1716 Concealed weapons; licensure; exempt certain judges not in office ...................... ...HB 1473 Concealed weapons; licensure; exempt superior court reporters. ................................HB 481 Court documents; grounds for refusal; exclude font size or type .............................HB 1197 Court proceedings; parties request elected judge ...... ..................................................HB 1771 Court records and county documents; storage within state; provisions. ....................HB 910 Courts; certain counties; allow use of courthouse annex... .........................................HB 1755 Employees' Retirement; certain court secretaries; creditable service.... ...................HB 1088 Family violence; violation of protective orders; concurrent jurisdiction ............................................................................................ .....HB 1709

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2934

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SUPERIOR COURTS (Continued) Intangible recording tax; collecting officer...................................................................HB 1522 Judges; nonpartisan elections without primaries...........................................................HB 820 Judges Retirement; senior judges; salary......................................................................HB 1069 Judicial assistance; permanent basis; magistrates as permanent assisting judges; certain counties......................................................HB 1642 Judicial Budget Administration Act of 1998; enact ....................................................HB 1617 Juveniles; certain offenses involving firearm; superior court jurisdiction.............................................................................................HB 296 Map and plat recordation; Chattahoochee River stream corridor designation........................................................................................................HB 930 Municipal courts; certain executions; trial in superior courts......................................SB 125 Murder; granting of bail; restrictions............................................................................HB 1548 Parolees and probationers; certain crimes; bailable before superior court....................................................................................................HB 1493 Probate courts; certain trust issues; concurrent jurisdiction with superior court.....................................................................................SB 541 Real estate transfer tax; county collect and distribute...............................................HB 1645 Real property; instruments to convey; require legible name.....................................HB 1205 School Safety Act; enact.....................................................................................................SB 161 Security instruments; cancellation upon payment of debt ........................................HB 1144 Senior judges and justices; compensation........................................................................SB 369 Zoning; constitutionality; trial provisions.......................................................................HB 302
SUPREME COURT Appeals; certain cases; orders excluding certain evidence ...........................................HB 421 Court documents; grounds for refusal; exclude font size or type.............................HB 1197 Joint session; Governor's message; invite Supreme Court Justices and Appeals Court Judges..................................................................HR 729 Joint session; message from Chief Justice of Supreme Court .....................................HR 730 Judicial districts; provisions..............................................................................................HB 891 Justices; nonpartisan elections without primaries .........................................................HB 820
SWAIN, JIMMY; commend ............................................................................................HR 1467

TALBOT COUNTY Chattahoochee Judicial Circuit; superior court judges; supplement ...........................SB 584
TALENT AGENCIES; regulate .......................................................................................HB 257
TALLULAH FALLS, TOWN OF; municipal court jurisdiction .............................HB 1039
TATTNALL COUNTY; board of education; nonpartisan election..........................HB 1636
TATTNALL SQUARE ACADEMY Football team; invite to House.........................................................................................HR 943 Girls basketball team; invite to House..........................................................................HR 1227
TAXATION AND REVENUE Ad valorem, income, and sales taxes; certain printing services.................................HB 1535 Ad valorem tax; appeals; assessments; amend provisions..........................................HB 1657 Ad valorem tax; assessment changes; tangible personal property..............................HB 526 Ad valorem tax; assessments and appeals; time period apply statewide....................SB 137 Ad valorem tax; certain heavy-duty vehicles; provisions...........................................HB 1324
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2935

TAXATION AND REVENUE (Continued) Ad valorem tax; certain historical fraternal benefit associations; exemption................................................................................................HB 1084 Ad valorem tax; certain increases; limitation - CA.......................................................HR 815 Ad valorem tax; certain municipal property outside corporate limits; remove tax exemption......................................................................HB 851 Ad valorem tax; certain notice and disclosure; method of providing.......................HB 1458
Ad valorem tax; certain penalties not imposed upon new owners............................HB 1416 Ad valorem tax; certain penalties not imposed upon new owners............................HB 1426 Ad valorem tax; change in stated property value; disclose method .........................HB 1463
Ad valorem tax; destroyed property; proration.............................................................HB 232 Ad valorem tax; erroneous assessments; appeals; disclosures.......................................SB 529 Ad valorem taxes and license fees; time limitation for refunds ....................................HB 10
Ad valorem taxes and license fees; time limitation for refunds....................................HB 11 Ad valorem tax executions; increase certain threshold amount................................HB 1368 Ad valorem tax; exempt certain agricultural products and livestock.......................HB 1350
Ad valorem tax; exempt certain antique hobby aircraft ..............................................HB 166 Ad valorem tax; exempt certain chamber of commerce
and civic organization property ....................................................................................HB 660
Ad valorem tax; exempt certain fruit or nut plants......................................................HB 318 Ad valorem tax; exempt certain religious organizations.............................................HB 1388 Ad valorem tax; exempt certain retail inventory - CA.................................................HR 830 Ad valorem tax; exempt dairy cattle................................................................................SB 419 Ad valorem tax; exempt livestock..................................................................................HB 1127
Ad valorem tax; exempt passenger motor vehicles......................................................HB 1137 Ad valorem tax; exempt public property; clarify...........................................................HB 781 Ad valorem tax; fair market value; acquisition date - CA...........................................HR 591
Ad valorem tax; fair market value; amend provisions ..................................................HB 665 Ad valorem tax for school purposes; 20 mill statewide limitation - CA......................HR 41 Ad valorem tax; homestead exemption; certain senior citizens.................................HB 1314
Ad valorem tax; homestead exemption; senior citizens ..............................................HB 1312 Ad valorem tax; levy on tangible property; eliminate - CA.........................................HR 814 Ad valorem tax; limit millage rate and property value increases - CA .........................HR 6
Ad valorem tax; limit millage rate and property value increases - CA .........................HR 7 Ad valorem tax; millage rates; limitations; increases;
require referendum - CA...............................................................................................HR 222
Ad valorem tax; motor vehicles; amend provisions .....................................................HB 1076 Ad valorem tax; motor vehicles; disabled veterans'
exemption; amend provisions.........................................................................................SB 489
Ad valorem tax; motor vehicles; disposition of certain fees - CA...............................HR 256 Ad valorem tax; motor vehicles; exempt former prisoners of war............................HB 1145 Ad valorem tax; motor vehicles; exempt former prisoners of war............................HB 1881 Ad valorem tax; motor vehicles; General Assembly
provide by general law - CA.........................................................................................HR 108 Ad valorem tax; motor vehicles; when due.....................................................................HB 101
Ad valorem tax; motor vehicles; when due.....................................................................HB 367 Ad valorem tax; penalties and interest; freeport
and personal property inventory; exemption eligibility..........................................HB 1178 Ad valorem tax; property appraisal; acquisition date value - CA...............................HR 827 Ad valorem tax; property appraisal; acquisition date value - CA...............................HR 934
Ad valorem tax; property appraisal; continuing use of property - CA ......................HR 824 Ad valorem tax; property appraisal; purchase price value - CA.................................HR 826 Ad valorem tax; property appraisal; require generally
acceptable accounting principles ................................................................................HB 1125 Ad valorem tax; property assessment; education; local
fair share funds computation........................................................................................HB 730 Ad valorem tax; property valuation; interest; motor
vehicle evaluation .........................................................................................................HB 1247

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TAXATION AND REVENUE (Continued) Ad valorem tax; property values; additional considerations......................................HB 1342 Ad valorem tax; publication of rates; include certain information...........................HB 1322 Ad valorem tax; real property; agricultural use, conservation use, and residential transitional property; assessment....................HB 1189 Ad valorem tax returns; motor vehicles........................................................................HB 1430 Ad valorem tax returns; notice of changes; required information ............................HB 1217 Ad valorem tax; return vehicles in county where functionally located....................HB 1521 Ad valorem tax; state levy; repeal certain provisions.................................................HB 1313 Ad valorem tax; tangible property assessment; amend provisions ...............................HB 77 Boards of equalization; certain appeals; burden of proof ..........................................HB 1188 Boards of equalization; certain assessments pending review; status ..........................HB 344 Bona fide conservation use property; breach of renewal covenant; penalties not applicable ..............................................................HB 1365 Budget; limit growth to gross state product growth - CA................................................HR 5 Budget; limit growth to gross state product growth; excess revenue - CA .................HR 46 Business expansions; allocation and apportionment of income ................................HB 1353 Coin operated amusement machines; amend provisions ............................................HB 1294 County boards of tax assessors; authority to summon; exclude certain schedules ..............................................................................................HB 133 County boards of tax assessors; grand jury appoint; eligibility.................................HB 1528 County boards of tax assessors; homestead exemptions; certain duties ..................HB 1698 County boards of tax assessors; removal of members; amend provisions................HB 1418 County excise tax; severance of solid minerals ............................................................HB 1676 Education funding; repeal ad valorem tax; impose 3% sales tax - CA .....................HR 703 Education funding; repeal ad valorem tax; impose 3% sales tax - CA .....................HR 779 Elections; persons in arrears on taxes; prohibit eligibility...........................................HB 159 Eminent domain; condemnation; compensation not subject to taxation...................HB 680 Employees' Retirement; certain tax officials; age and creditable service.....................................................................................................HB 495 Excise and sales taxes; hotels and motels; aggregate amount .....................................HB 679 Excise tax; hotels and motels; amend provisions ..........................................................HB 609 Excise tax; hotels and motels; cotton gin attraction...................................................HB 1649 Excise tax; hotels and motels; county and municipal levies; additional authorization.....................................................................................HB 379 Excise tax; hotels and motels; domed stadium; termination.....................................HB 1631 Excise tax; hotels and motels; international and maritime trade center authorities ................................................................................HB 706 Excise tax; rental motor vehicles; bad debt deduction...............................................HB 1582 General bills increasing revenue; two-thirds vote required - CA..................................HR 23 General bills increasing revenue; two-thirds vote required - CA................................HR 158 Homestead exemption; additional qualification; recording of deed .........................HB 1474 Homestead exemption; certain permanently disabled veterans..................................HB 951 Homestead exemption; certain waivers; applicable until property filed....................HB 551 Homestead exemption; filing deadline ..........................................................................HB 1464 Homestead exemption; filing deadlines; amend provisions........................................HB 1514 Homestead exemption; person absent for health reasons; continue to receive ........................................................................................HB 1174 Homestead option sales and use tax; General Assembly provide by general law - CA.......................................................................HR 744 House Income Tax Study Committee; create ..................................................................HR 19 House Insurance Premium Taxation Study Committee; create................................HR 1164
House Study Committee on Business Incentives for Agriculture; create..................HR 465
Income and sales taxes; amend provisions.........................................................................HB 8
Income tax; annual adjustments; Consumer Price Index.................................................HB 9
Income tax; capital gains credit .....................................................................................HB 1122
Income tax; certain adjusted gross income; amend provisions......................................HB 86

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2937

TAXATION AND REVENUE (Continued) Income tax; certain insurance firms; provide credit....................................................HB 1481 Income tax; certain retirement income exclusion; remove limitation ........................HB 782 Income tax; corporations; amend provisions....................................................................HB 78 Income tax credit; certain homes with handicapped accessibility features.....................................................................................................HB 1621 Income tax credit; certain long-term care insurance.....................................................HB 518 Income tax credit; driver education course; public school grants.............................HB 1530 Income tax credit; low-emission vehicles or conversion of conventionally fueled vehicles................................................................................HB 1161 Income tax credit; National Guard members...............................................................HB 1572 Income tax credit; qualified caregiving expenses.........................................................HB 1513 Income tax credit; rural health care provider................................................................HB 389 Income tax credit; self-employed persons; health insurance.......................................HB 726 Income tax credits; extend certain exemptions in certain counties............................HB 504 Income tax credits for increasing exports from Georgia businesses .........................HB 1667 Income tax credits; tier 1, 2, and 3 counties; certain facilities; increase carry forward period.......................................................HB 1146 Income tax; employer social security tax payments; deduction................................HB 1437 Income tax; exemptions; deductions; withholding allowances...................................HB 1162 Income tax; gradual reduction; abolish 1/1/2009; repeal or conform related provisions .........................................................................HB 1218 Income tax; health insurance deduction; self-employed.............................................HB 1116 Income tax; individual rate.................................................................................................HB 74 Income tax; married persons; change certain tax tables..............................................HB 146 Income tax; payments; define certain terms....................................................................HB 87 Income tax; retirement income exclusion; increase.......................................................HB 549 Income tax; retirement income exclusion; increase .....................................................HB 1424 Income tax; setoff debt; collection for political subdivisions.......................................HB 674 Income tax; taxable net income; exclude capital gains.....................................................HB 2 Insurance; certain premium taxes; abate to zero.........................................................HB 1878 Intangible recording tax; collecting officer...................................................................HB 1522 Intangible recording tax; filing of real estate instruments.............................................HB 73 Intangible taxation; depository financial institutions; local business tax..............................................................................................................HB 69 Jekyll Island--State Park Authority; certain leasehold interests; taxes ................................................................................................SB 643 Joint Hotel-Motel Tax Study Committee; create..........................................................HR 297 Joint Personal Income Tax Elimination Study Commission; create..........................HR 724 Joint State Income Tax Reform Study Commission; create ........................................SR 593 Joint Study Committee on Franchise Fees and Conditions, Rights of Way, and Tax Implications of Competitive Markets; create ..................SR 544 Law enforcement and other officers; certain disability; retain weapon and badge...............................................................................................HB 410 Local government; redevelopment; tax allocation; amend provisions......................HB 1438 Local government; redevelopment; tax allocation; city business improvement districts...........................................................................HB 1485 Local governments; collection of certain taxes; special districts...............................HB 1095 Local option sales tax; concurrent resolution requirements .........................................SB 517
Local option sales tax; educational purposes; amend provisions................................HB 860
Local option sales taxes; certain counties; prohibit certain reduction of proceeds......................................................................................HB 1703
Local option sales tax for education; concurrent resolution......................................HB 1673
Local option sales tax; proceeds; authorize use in certain special districts ...........................................................................................HB 1507
Local public school systems; General Assembly provide for finance and support - CA........................................................................................HR 516

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TAXATION AND REVENUE (Continued) Marriage Penalty Repeal Act; enact..................................................................................HB 16 Medical Care Savings Account and Trust Act; enact....................................................SB 279 Motor fuel excise tax; agricultural field use vehicle; refunds; licensing and fees; certain exemption........................................................HB 1175 Motor fuel excise tax; state increase to offset federal decrease ..................................HB 365 Motor fuel tax; levy and rate; amend provisions.............................................................HB 76 Motor vehicles; license plates and registration; amend provisions...........................HB 1567 Motor vehicles; transfer of license plates and decals; ad valorem tax.....................HB 1569 Personal care homes; change name to assisted living facilities ...................................HB 287 Pine straw; sales to dealers; business license or tax number.......................................HB 941 Pro-family Tax Equity Act of 1997; enact..........................................................................HB 1 Property; certain sales; fair market value.....................................................................HB 1383 Property; values established by appeal; five-year period...........................................HB 1292 Public office; defaulter on taxes not eligible to hold - CA...............................................SR 6 Real estate transfer tax; certain instruments; applicability provisions........................HB 82 Real estate transfer tax; county collect and distribute...............................................HB 1645 Real estate transfer tax; increase; remit to certain fund............................................HB 1551 Real estate transfer tax; superior court clerk collect and distribute........................HB 1776 Real property; market value at acquisition; appraisal - CA........................................HR 816 Revenue Code; conform to federal code........................................................................HB 1121 Revenue Code; conform to federal code; income tax credits; certain businesses; retraining programs; low-emission vehicles....................................................................................................HB 1596 Safety belts; failure to wear; taxing of prosecution costs; certain additional fees; prohibit......................................................................HB 1169 Sales and use tax; certain unidentifiable proceeds; distribution...............................HB 1784 Sales tax; certain exemptions; require reestablishment..............................................HB 1446 Sales tax; deduction for bad credit card debt..............................................................HB 1660 Sales tax; educational purposes; multiple county school district..................................HB 14 Sales tax; exempt aircraft used for agricultural purposes..................,.........................HB 196 Sales tax; exempt aircraft used for agricultural purposes..........................................HB 1347 Sales tax; exempt blood glucose level measuring strips .............................................HB 1105 Sales tax; exempt Boy Scout popcorn ...........................................................................HB 1344 Sales tax; exempt building materials used in recycling................................................HB 142 Sales tax; exempt certain advertising inserts.................................................................HB 556 Sales tax; exempt certain funeral merchandise ...........................................................HB 1442 Sales tax; exempt certain granite manufacturing material..........................................HB 129 Sales tax; exempt certain home study program yearbooks........................................HB 1786 Sales tax; exempt certain motor fuels ...............................................................................HB 81 Sales tax; exempt certain sales by postsecondary education organizations ...................................................................................................HB 59 Sales tax; exempt certain sales to home health agencies .............................................HB 144 Sales tax; exempt fuel used by licensed commercial fishermen..................................HB 705 Sales tax; exempt grass sod.............................................................................................HB 1348 Sales tax; exemptions; liability; tangible personal property first bought and used outside state...........................................HB 1656 Sales tax; exempt non-prescription drugs.........................................................................HB 63 Sales tax; exempt organ banks and procurement facilities........................................HB 1132 Sales tax; exempt sales to housing authorities.............................................................HB 1563 Sales tax; exempt sales to public foundations .............................................................HB 1544
Sales tax; exempt wheelchairs ........................................................................................HB 1558
Sales tax; foods and beverages exempted; dealers post certain signs ........................HB 972
Sales tax; foods and beverages exempted; urge posting of signs by dealers ..........................................................................................................HR 581
Sales tax for educational purposes; imposition - CA..................................................HR 1068
Sales tax for education; distribution; local Act............................................................HB 1520

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2939

TAXATION AND REVENUE (Continued) Sales tax; imposition; amend provisions...........................................................................HB 80 Sales tax; unlawful collection on food; urge Department of Revenue take action............................................................................HR 939 Special county 1% sales tax; audit report schedule; auditor's report......................HB 1433 Special county 1% sales tax; imposition date; amend provisions...............................HB 959 Special county 1% sales tax; not applicable to sale or use of certain motor vehicles ...................................................................................HB 887 Special county 1 % sales tax; returns; additional information...................................HB 1663 Special county 1% sales tax; solid waste handling .......................................................HB 700 Special county 1% sales tax; use for certain voting equipment................................HB 1467 State auditor; county revenues and expenditures; annual report ...............................HB 282 State revenue commissioner; Governor determine salary ............................................HB 482 State revenue commissioner; Governor determine salary ..........................................HB 1396 State Sovereignty and Federal Tax Funds Act; enact................................................HB 1816 Tangible personal property; inventory exemption; hearings .....................................HB 1124 Tax collectors, tax commissioners, and chief deputies; compensation.....................HB 1413 Tax credits; certain businesses in less developed counties ..........................................HB 626 Tax credits; certain businesses in less developed counties; extend certain tax exemption.....................................................................HB 1147 Tax digest; property in dispute; limitation ..................................................................HB 1672 Taxes and license fees; forms of payment ........................................................................HB 75 Tax executions in lot blocks; revise provisions ..............................................................HB 185 Tax executions; transferring or selling in lot blocks .....................................................HB 115 Tax executions; transfers; notice to occupant and owner ............................................HB 501 Tax relief; General Assembly provide by general law - CA.........................................HR 219 Tax returns; failure to disclose certain information; notify revenue commissioner................................................................HB 1625 Telecommunication systems; certain fees; authorize ..................................................HB 1091 "The Year of the Taxpayer"; proclaim 1998..................................................................HR 871 Tires and scrap tires; amend provisions; certain tax credit.........................................HB 835 Victims' Rights Act of 1998; enact.................................................................................HB 1483 Withholding tax; certain property sale; exception ........................................................HB 221
TAYLOR COUNTY Chattahoochee Judicial Circuit; superior court judges; supplement ...........................SB 584
TAYLOR, WESLEY JAMES Commend.............................................................................................................................HR 754 Commend...........................................................................................................................HR 1381
TEACHERS (Also, see Education) Education; teaching of Ebonics; prohibit ..........................................................................SB 51 Employees' Retirement or Teachers Retirement; certain employees elect either system.......................................................................................HB 661 HOPE and PROMISE scholarships; eligibility; ineligibility .....................................HB 1556 Indemnification - CA.........................................................................................................HR 414 J. William Fulbright Educational Exchange Program; participation; provisions ..............................................................................................HB 1185 Labor practices; strikes; prohibitions ............................................................................HB 1373 National certification; salary; paid leave.......................................................................HB 1183 Professional Practices Commission; abolish; Professional Standards Commission; amend provisions; transfer pending cases.....................................................................................................SB 535 Professional Standards Commission; certain certificated personnel; salary schedules ....................................................................HB 1220 Quality basic education; certain foreign language instruction; funding.....................................................................................HB 1184

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2940

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TEACHERS (Also, see Education) (Continued) Quality basic education; local fair share funds; calculation.........................................HB 988 Quality basic education; midterm adjustments; training and experience..................HB 301 Retired Teachers at the Capitol Day; declare ................................................................SR 470 Retirement; allowance; increase by same percentage as teachers' salary.........................................................................................................HB 1099 Retirement; certain part-time service; creditable service...........................................HB 1066 Retirement; certain permanent disability; disability benefit.......................................HB 947 Retirement; certain private school service; creditable service...................................HB 1054 Retirement; death of designated recipient...................................................................HB 1081 Retirement; early retirement; eliminate penalty .............................................................HB 40 Retirement; early retirement; reduce penalty ................................................................HB 201 Retirement; forfeited annual and sick leave; creditable service..................................HB 198 Retirement; forfeited annual and sick leave; creditable service..................................HB 202 Retirement; forfeited annual and sick leave; creditable service.....................................SB 79 Retirement; forfeited sick leave; creditable service.......................................................HB 203 Retirement; no payment to members of Regents Retirement.....................................HB 943 Retirement; post-retirement benefit adjustment...........................................................HB 223 Retirement; postgraduate study; interruption by military service .............................HB 576 Retirement; pregnancy; creditable service ......................................................................HB 444 Retirement; restate annuity definition............................................................................HB 678 Retirement; restoration of beneficiary to service; reimbursement of certain benefits................................................................................SB 558 Retirement; service in certain overseas schools; creditable service............................HB 997 Retirement; service in certain private schools; creditable service...............................HB 400 Retirement; 25 years of service; certain membership...................................................HB 200 Retirement; 27 years of service.........................................................................................HB 199 Retirement; visiting scholars; creditable service..........................................................HB 1041 School Safety Act; enact.....................................................................................................SB 161 Schools; certain termination of employment; apply to certain employees.....................................................................................................HB 1740 Schools; local funds; employee suggestion programs...................................................HB 1788 Schools; nonresident students; certain attendance and enrollment .........................HB 1482 Schools; sex education; legal consequences of parenthood ........................................HB 1257 Sentencing for certain murders; death or life without parole ...................................HB 1328 Student code of conduct; provisions...................................................................................SB 92 Students; in-school suspension; parental notification.................................................HB 1194 Substitutes; require bachelor's degree ...........................................................................HB 1838 Teachers and school personnel; contracts; criminal record checks.............................HB 788 Teachers who have died from violence in schools; condolences..................................HR 977
"TED HUDSON HIGHWAY" Designate............................................................................................................................HR 1095 Designate............................................................................................................................HR 1171
TELEPHONE AND TELEGRAPH SERVICE Communications Fraud Act of 1997; enact ..................................................................HB 1057 Cordless radio telephones; certain transmissions; prohibit interception ....................................................................................................HB 1079 Emergency motorist aid call boxes; place along Interstate 75 ....................................HB 480 Emergency 911; certain performance reports; inspection.............................................HB 278 Emergency 911; certain personnel, supply, and equipment costs; payment ..............SB 237 Emergency 911 service and system; Joint Study Committee on Wireless Enhanced 911 Charges .........................................................SB 572 Home and telephone solicitation sales; persons age 65 and over; cancellation period............................................................................HB 831 House 911 Systems Funding Study Committee; create................................................HR 488

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2941

TELEPHONE AND TELEGRAPH SERVICE (Continued) Income tax credits; tier 1, 2, and 3 counties; certain facilities; increase carry forward period.......................................................HB 1146 Interfering with 911 call; define offense ..........................................................................SB 460 Long distance telephone service; solicitation by direct mail or media ......................HB 137 Managed care; 24-hour toll-free authorization number................................................HB 562 Public Service Commission; toll-free calling; certain conditions ................................HB 625 Solicitations to residential subscribers; regulate..............................................................HB 71 Telecommunication devices for the deaf; training; communications officers and dispatch centers...........................................................HB 812 Telecommunication systems; certain fees; authorize..................................................HB 1091 Telecommunications Marketing Act of 1998; enact ....................................................HB 1130 Telecommunications; third-party service charges; customer authorization; 22-mile toll-free calling area; revenue ...............................SB 522 Telemarketing; prohibit blockage of caller identification services ...........................HB 1708 Telephone directory listings for nonlocal business; telemarketing practices; prohibitions; penalties.......................................................HB 1420 Telephone; prepaid calling services; regulate ...............................................................HB 1560 Telephones; certain recordings; require beeping tone.................................................HB 1865 Telephones; residential lines; block 976 and 900 calls..................................................HB 747 Telephones; toll-free calling; adjacent counties; Universal Service Fund..................................................................................................HB 161 Uniform rules of the road; radios and phones in vehicle; exercise due care in using .............................................................................HB 1555 Universal access fund; distribution; amend provisions...............................................HB 1386
TELEVISION Arrest warrants; application by video conference .......................................................HB 1570 Arrest warrants; application by video conference ..........................................................SB 411 Boxing; regulation; State Boxing Commission ...............................................................HB 396 Cable television; failure to scramble premium channels; penalty.............................HB 1078 General Assembly proceedings; urge live coverage by cable television..........................HR 2 General Assembly proceedings; urge live coverage by cable television......................HR 839 High schools; certain sporting events; prohibit charge for broadcasting..................................................................................................HB 996
TELFAIR COUNTY Telfair-Wheeler Airport Authority; create....................................................................HB 1908
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES Disabled children; extend to age 22...............................................................................HB 1652 Qualified aliens ....................................................................................................................SB 531
TEPER, HONORABLE DOUG; committee assignment ............................................Page 23
TERRORISM Antiterroristic training; certain communication; prohibit............................................HB 762 Georgia Street Gangs Act of 1998; enact; Georgia Street Gang and Terrorism Prevention Act; comprehensive revision of provisions.................................................................,..................................HB 1391 Terroristic threats and acts; increase penalty ..............................................................HB 1357
"THE A-B-C'S FOR GEORGIA'S CHILDREN"; commend.................................HR 1185
"THE CAPTAIN BOBBIE BROWN HIGHWAY" Designate portion of Highway 19.....................................................................................HR 931
"THE LEGEND OF LYDIA" Proclaim as "Official Play of the Okefenokee" ...........................................................HR 1236
"THE YEAR OF THE TAXPAYER"; proclaim 1998 ................................................HR 871

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2942

INDEX

THEFT Certain offenses; trial upon accusation .........................................................................HB 1306 Municipal courts; certain shoplifting cases; disposal..................................................HB 1206 Shoplifting; value of property; misdemeanor; felony..................................................HB 1392 Theft by taking; certain value; municipal court jurisdiction.....................................HB 1580 Unfair business practices; telemarketing; Internet activities; home repair....................................................................................................HB 709
THOMAS COUNTY CENTRAL HIGH SCHOOL 1997 FOOTBALL TEAM; invite to House ........................................................................HR 1049
THOMAS, HONORABLE REGINA; committee assignment...................................Page 22
THOMAS, KENNETH H., JR.; commend..................................................................HR 1057
THOMAS, R. D., JR.; commend.....................................................................................HR 1347
THOMPSON, REVEREND TONY, JR.; condolences...............................................HR 937
THOMPSON, TERRY A.; commend............................................................................HR 1273
THOMPSON, TIFFANY LUCILE; commend ..........................................................HR 1215
THOMSON HIGH SCHOOL BANDS; commend....................................................HR 1362
THORNTON, BRANDI; commend.................................................................................HR 772
THORNTON, RICHARD SHELLIE Commend...........................................................................................................................HR 1323 Commend...........................................................................................................................HR 1387
THRASH, ELMORE C.; commend................................................................................HR 1357
TIFT COUNTY Grant deed to Tift County Development Authority .....................................................HR 778
TIFTON, CITY OF Annexation referendum...................................................................................................HB 1278 Council terms and districts.............................................................................................HB 1279
TILLMAN, HONORABLE EUGENE; committee assignment..................................Page 1
TITUS LAVON ALTMAN ROAD Recognize honorary designation.....................................................................................HR 1203 Recognize honorary designation.....................................................................................HR 1295
TODD, DR. WILLIE GRIER; commend.....................................................................HR 1369
"TOM COLEMAN HIGHWAY"; designate...................................................................SR 648
TOMBERLIN, COACH RICK; invite to House ........................................................HR 1114
"TOMMY IRVIN PARKWAY"; designate....................................................................SR 639
TOOKES, HENRY THOMAS, JR.; condolences ........................................................HR 926
TORBERT, WANDA; compensate...................................................................................HR 837
TORRENCE, GWENDOLYN LENNA; commend...................................................HR 1234
TORRESCANO, GREG; commend..................................................................................HR 968
TORTS Automobile air bags; failure to deploy; liability............................................................HB 978 Certain resident physicians; immunity............................................................................HB 790

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2943

TORTS (Continued) Chiropractors and physical therapists; voluntary health care services ....................HB 1641 Civil practice; service of offers of settlement; provisions; contracts; torts; repeal certain provisions................................................SB 524 Duty of care; psychologists, physicians, professional counselors.................................HB 440 Health benefits plan; administrator exercise ordinary diligence...............................HB 1269 Implanting of certain devices; physicians' immunity..................................................HB 1907 Imputable negligence; liability for malicious acts of minor............................................SB 89 Parks and recreation volunteers; liability .......................................................................HB 488 Wrongful death; increase surviving spouse share ........................................................HB 1693
TRADE (See Commerce and Trade)
TRAFFIC OFFENSES (See Motor Vehicles and Traffic)
TRANSPORTATION, DEPARTMENT OF (Also, see Highways, Bridges, and Ferries) Certain definitions; include bicycle and railroad facilities...........................................HB 623 Certain definitions; include bicycle and railroad facilities............................................SB 145 Certain rest area and information center in Cobb County; authorize .....................HB 1802 Certain rest area and information center in Cobb County; authorize ........................SB 693 Commercial driveways; future purchase at permit amount.......................................HB 1590 Enforcement officers; powers..........................................................................................HB 1128 Erosion and sedimentation; address certain local assistance road projects.................................................................................................HB 895 Highways; contracts for surveying and deed preparation; powers............................HB 1747 Highways; high occupancy vehicle lanes; single-occupant vehicle use.........................HB 50 Highways; interstate exits; urge change in marking system........................................HR 470 Highways; outdoor advertising; roadside enhancement and beautification; council and fund............................................................................SB 337 Highways; powers................................................................................................................SB 641 Indemnification; state highway employees ......................................................................SB 117 Information Technology Policy Council; add member ...............................................HB 1404 Joint Georgia Transportation Study Committee; create..............................................HR 464 Local government; private toll roads and bridges; licensing authority ....................HB 1486 Opposition to certain projects; limit actions................................................................HB 1361 Regional Transportation Plan; express support for projects and programs...........................................................................................HR 1100 Reverend Joseph Edward Grizzle Bridge; designate...................................................HR 1064 State Board; authority to name certain roads...............................................................HB 158 State Board; call for election of member from the Fifth Congressional District..........................................................................................Page 28 State Board; call for election of member from the First Congressional District ..........................................................................................Page 27 State Board; call for election of member from the Second Congressional District......................................................................................Page 27 State Board; election; Honorable Emory C. McClinton; Fifth Congressional District........................................................................................Page 554 State Board; election; Honorable Tom Triplett; First Congressional District ........................................................................................Page 558 State Board; election; Honorable W. P. "Billy" Langdale; Second Congressional District....................................................................................Page 556 State Board; public hearings; requirement...................................................................HB 1245 Vehicle Safety and Inspection Division; create..............................................................HB 735 Vehicle weights and loads; permits for excess weight and dimensions; amend provisions...............................................................................HB 848
TRESPASSING Criminal trespass and damage to property; burial of debris on construction site; prohibit.....................................................................HB 1244

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2944

INDEX

TRESPASSING (Continued) Criminal trespass; certain property; no offense...........................................................HB 1341 Criminal trespass; solicitation of employment; permission of owner.........................HB 707 Damage to realty; right of action; tolling of limitations.............................................HB 1157 Limitation of action; prohibit after 10 years..................................................................HB 251 Limitation of action; when cause accrues.......................................................................HB 263 Vandalism to a cemetery or memorial; define offense..................................................HB 840
TRIAL JUDGES AND SOLICITORS RETIREMENT Benefits; certain survivors.................................................................................................HB 264 Increase retirement benefit ...............................................................................................HB 254 Repeal; transfer assets to Judicial Retirement System ................................................HB 751 Spousal coverage; rejection................................................................................................HB 256
TRIALS Demand for trial; vehicular homicide related to DUI; time period...............................SB 83 Georgia Indigent Defense Council; use of private funds ............................................HB 1323 Juries; peremptory challenges; change number ..............................................................SB 114 Law enforcement officers; certain indictments; procedures.........................................HB 258 Legal representation; corporations and limited liability companies; prohibitions; exception ...............................................................HB 993 Trial jurors; examination in panels; repeal provisions..................................................HB 763 Upon accusation; certain offenses..................................................................................HB 1306
TRIPLETT, HONORABLE TOM Election; State Transportation Board; First Congressional District........................Page 558
TROUP COUNTY Board of commissioners; compensation.........................................................................HB 1822 Coweta Judicial Circuit; judges; salary supplements .....................................................SB 677
TRUSTS (Also, see Wills, Trusts, and Administration of Estates) Animal Control Trust Fund; create - CA .......................................................................HR 270 Certificate of need; amend provisions; Indigent Care Trust Fund.............................HB 373 Driving under the influence; additional fees; Brain and Spinal Injury Trust Fund Authority; create.......................................................HB 456 Driving under the influence; additional fees; Brain and Spinal Injury Trust Fund Authority; create........................................................SB 110 Driving under the influence; additional fees; Brain and Spinal Injury Trust Fund - CA............................................................................HR 226 Driving under the influence; additional fees; Brain and Spinal Injury Trust Fund - CA.............................................................................SR 144 Emergency management, preparedness, and assistance trust fund; authority to create - CA............................................................................HR 218 Emergency Management, Preparedness, and Assistance Trust Fund; create..........................................................................................................HB 239 Environmental trust fund; authorize General Assembly to establish - CA..................SR 86 Georgia Wildflower Project Trust Fund; create - CA...................................................HR 732 Georgia Workers' Compensation Uninsured Employers' Trust Fund Act; enact .................................................................................................HB 1864 Health; amend provisions..................................................................................................HB 683 Health Care Act; enact ......................................................................................................HB 386 Joint Subsequent Injury Trust Fund Study Committee; create .................................HR 257 Land, Water, Wildlife, and Recreation Heritage Fund; create ....................................SB 496 Land, Water, Wildlife, and Recreation Heritage Fund; General Assembly provide - CA....................................................................................SR 532 Lifetime sportsman's license; create; Wildlife Endowment Fund; establish........................................................................................HB 1640

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2945

TRUSTS (Also, see Wills, Trusts, and Administration of Estates) (Continued) Medical Care Savings Account and Trust Act; enact....................................................SB 279 Probate courts; certain trust issues; concurrent jurisdiction with superior court.....................................................................................SB 541 Scrap Tire Management Fee; additional legislative intent..........................................HR 874 Solid Waste Trust Fund; tire fees; cease collection ......................................................HB 697 Special license plates; promote recycling...........................................................................SB 63 Tires and scrap tires; amend provisions; certain tax credit.........................................HB 835 Tobacco Industry Payments Trust Fund; create - CA.................................................HR 734 Uninsured employers trust fund; authorize creation - CA.........................................HR 1188 Workers' compensation; amend provisions; Self-Insurers Guaranty Trust Fund...........................................................................HB 1327 Workers' compensation; Self-Insurers Guaranty Trust Fund; powers of board; certain audits .........................................................................SB 166
TUCKER, JOSH AND GAIL DICKERSON; commend........................................HR 1431
TURNER, BETTY TIGNER; condolences..................................................................HR 1021
TURNER COUNTY Peanut monument; designate official state peanut monument.................................HB 1490
TURNER, DAVID HARRISON; commend...............................................................HR 1337
TURNER, DR. JOHN S.; invite to House...................................................................HR 1005
TURNER, EMILY; commend.........................................................................................HR 1158
TURNER, HONORABLE LOYCE WARREN; commend.....................................HR 1267
TV-TURNOFF WEEK; recognize April 22-28, 1998...................................................HR 1384
TWENTY-FIVE FOR THE TWENTY-FIRST CENTURY; commend ............HR 1414
TWIGGS COUNTY Board of commissioners; compensation.........................................................................HB 1855 Chief magistrate; compensation .....................................................................................HB 1854 Coroner; compensation....................................................................................................HB 1853 Probate court judge and employees; compensation ....................................................HB 1858 Sheriff and employees; compensation ...........................................................................HB 1856 Superior court clerk and employees; compensation....................................................HB 1852 Tax commissioner and employees; compensation........................................................HB 1857
TWIGGS, HONORABLE RALPH; committee assignment.......................................Page 26
TYRONE, TOWN OF Mayor and council; powers and duties..........................................................................HB 1684 Type government; advisory referendum .......................................................................HB 1S.10

u

UNDERGROUND STORAGE TANKS; prohibit regulated substances................HB 647 UNDERWOOD, DANIEL P.; commend......................................................................HR 1419 UNEMPLOYMENT COMPENSATION (See E-nployment or Labor
and Industrial Relations)
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2946

INDEX

UNIFORM RULES OF THE ROAD Automobile Teenage Protection Act of 1997; enact........................................................HB 20 Central turn lane ................................................................................................................HB 316 Driver's license; assessment of points; speeding in school zone..................................HB 605 Driver's license; limited driving permits; certain offenses .........................................HB 1198 Driving under the influence; three or more convictions; permanent revocation of driver's license.....................................................................HB 847 Law enforcement; police volunteers; provisions.............................................................HB 366 Motor vehicles; certain fuel additives; prohibit operation.........................................HB 1241 Pedestrians; right of way in crosswalk; motorist penalty ...........................................HB 1239 Public transit; prohibit certain conduct...........................................................................SB 444 Radios and phones in vehicle; exercise due care in using..........................................HB 1555 Speed detection devices; require employment of certified peace officers.............................................................................................HB 1738 Speed detection devices; school zones; warning signs unnecessary ............................HB 611 Traffic offenses; certain reduced speed zones; double fine..........................................HB 613 Truck drivers; signal requirements ..................................................................................HB 358 Weight of vehicles and loads; limits; truck routes......................................................HB 1470
UNION COUNTY; grant easement ..................................................................................SR 530
UNION POINT, CITY OF; corporate limits...............................................................HB 1601
UNITED HOUSE OF PRAYER FOR ALL PEOPLE; commend.......................HR 1088
UNIVERSITY SYSTEM OF GEORGIA (See Board of Regents, University System of Georgia)
UPSON COUNTY; water and sewerage authority; create .........................................HB 1876
USED CAR DEALERS Motor vehicles; liens; salvage; special plates; certificates of title; licensing; ad valorem tax return ..............................................HB 1430 Registration provisions; Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers, State Board of Registration; repeal provisions.............................................................................,........HB 581 Sales or leases; certain disclosure......................................................................................SB 196 Salvaged or rebuilt vehicles; titles and markings ..........................................................HB 659

VALDOSTA, CITY OF; corporate limits .....................................................................HB 1835
VALDOSTA HIGH SCHOOL BOYS BASKETBALL TEAM; commend.......HR 1116
VENDING MACHINES; regulation .............................................................................HB 1234
VENEREAL DISEASE; chlamydia screening test; insurance coverage..................HB 1565
VENUE (See Jurisdiction and Venue)
VERDICT AND JUDGMENT Appeals; certain cases; orders excluding certain evidence ...........................................HB 421 Certain dismissed civil cases; recommence in federal court ......................................HB 1316 Interlocutory appeal; certain reconsideration motions; no time extension............................................................................................................HB 525 Judgments; actual damages; criminal restitution ..........................................................HB 399
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2947

VERNONBURG, TOWN OF Chatham Area Transit Authority; repeal certain provisions .....................................HB 1927
VETERANS' AFFAIRS Ad valorem tax; motor vehicles; disabled veterans' exemption; amend provisions........................................................................SB 489 Certain disabled veterans; courtesy nonresident fishing license..................................SB 649 Certain veterans; courtesy nonresident fishing license; fishing location operators; liability ..............................................................HB 1633 Employees' Retirement; creditable service for Vietnam conflict ................................HB 515 Former prisoners of war; ad valorem tax exemption; motor vehicles ......................HB 1881 Free license plates and decals; non-wartime disabled veterans..................................HB 550 Georgia ROTC cadets; urge participation in U. S. veterans' memorial services...........................................................................................HR 873 Heart of Georgia Armed Forces Veterans Memorial Intersection; designate .................................................................................................HR 1193 Heart of Georgia Armed Forces Veterans Memorial Intersection; urge Department of Transportation to name ...................................HR 1308 Hmong and Lao soldiers; legal immigrants; urge President and Congress grant citizenship....................................................................SR 474 Homestead exemption; certain permanently disabled veterans..................................HB 951 Pearl Harbor Memorial Highway; designate................................................................HR 1092 "Pete Wheeler Georgia War Veterans Memorial Complex"; designate.....................HR 996 "Pete Wheeler Georgia War Veterans Memorial Plaza"; designate............................SR 583 POW/MIA flag; authorize display in public schools......................................................SB 426 Special license plates; lower manufacturing fee.............................................................HB 615 Special license plates; Pearl Harbor veterans; lower fees ..........................................HB 1523 Special license plates; U. S. veterans of the 1950 Chosin Reservoir Campaign, North Korea.........................................................SB 518 Special license plates; World War II Eighth Air Force veterans ................................HB 923 Tollways; exempt certain disabled persons ....................................................................HB 376 Veterans Day; public schools close ................................................................................HB 1385 Veterans' funerals; National Guard members act as honor guards.............................SB 463 Veterans; job training and employment assistance; preference.................................HB 1325 Veterans' Memorial Parkway; "Lauren 'Bubba' McDonald Parkway"; designate .................................................................................HR 1054 Veterans; post-traumatic stress disorder; encourage extension of benefits....................................................................................HR 930
VETOES; communications from Governor ........................................................Pages 5, 6, 2739
VICKERS, DANIEL HEATH; commend....................................................................HR 1377
VICKIE E. BELL MEMORIAL BRIDGE; designate ...............................................HR 844
VICTIMS OF CRIMES Crime victims; restitution; require by certain offenders ............................................HB 1165 Crime victims' rights; enactment provisions - CA.............................................................HR 4 Crime victims' rights; General Assembly provide by general law for enforcement - CA....................................................................................HR 3 Family violence battery; certain release or escape; victim notification...........................................................................................................HB 846 Georgia Street Gangs Act of 1998; enact; Georgia Street Gang and Terrorism Prevention Act; comprehensive revision of provisions....................................................................................................HB 1391 Insurance; disability income insurers; prohibit discrimination against abuse victims...........................................................................HB 392 Insurance; life insurers; prohibit discrimination against abuse victims .....................................................................................................HB 390

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2948

INDEX

VICTIMS OF CRIMES (Continued) Insurance; prohibit discrimination against abuse victims............................................HB 359 Insurance; prohibit discrimination against abuse victims ..........................................HB 1479 Insurance; prohibit discrimination against abuse victims.............................................SB 186 Insurance; prohibit discrimination against domestic abuse victims .........................HB 1275 Probation; supervision fees; forward portion to Georgia Crime Victims Emergency Fund....................................................................SB 409 Sales tax; exempt certain funeral merchandise ...........................................................HB 1442 Victims' Rights Act of 1998; enact.................................................................................HB 1483 Warrantless arrests; abuse of vulnerable adult; provisions...........................................SB 159
VICTORIAN DISTRICT COMMUNITY ASSOCIATION; commend.............HR 1363
VITAL RECORDS Covenant Marriage Act; enact........................................................................................HB 1138 Health records; rights of unemancipated minors ........................................................HB 1339 Legitimacy of child; paternity established; parental power.........................................HB 995 Marriage; federal judges perform ceremonies; authorize..............................................HB 249 Marriage; mayors perform ceremonies ............................................................................HB 742 Medical information; allow release in case of medical necessity...............................HB 1743 Patient medical records; maximum copy fee; time limit for furnishing ..................HB 1586
VOCATIONAL EDUCATION Information Technology Policy Council; add member ...............................................HB 1404 Joint Study Committee on Vocational Student Organizations; create....................HR 1134 Sales tax; exempt certain home study program yearbooks........................................HB 1786 Service cancelable educational loans; Georgia National Guard ..................................HB 979 Service cancelable educational loans; Georgia National Guard ................................HB 1516 Technical and Adult Education; Archives and History; authorize certain library funding................................................................HB 1705
VOTING (Also, see Elections) Absentee ballots; amend provisions.................................................................................HB 702 Absentee ballots; amend provisions................................................................................,HB 816 Absentee ballots and envelopes; voter fraud warnings .................................................HB 749 Absentee ballots; delivery by certain family members .................................................HB 361 Absentee ballots; elderly and disabled; apply once yearly...........................................HB 815 Absentee ballots; registrars use additional buildings..................................................HB 1812 Absentee ballots; time to commence counting.............................................................HB 1405 Elections; amend provisions..............................................................................................HB 817 Elections; amend provisions...............................................................................................SB 593 Elections by mail; pilot counties; provisions ..................................................................HB 260 Elections; certain amplified solicitation of votes; prohibit ..........................................HB 160 Elections; certain contested primaries, elections, and runoffs ....................................HB 821 Elections; certain illegal acts; increase penalties ...........................................................HB 590 Elections Code; merge general and municipal provisions .............................................SB 630 Elections; early voting provisions.....................................................................................HB 544 Elections; eliminate certain primaries; extensive revision of provisions....................................................................................................HB 1477 Elections; felons vote 30 days after release ..................................................................HB 1191 Elections; identification required when voting ..............................................................HB 401 Elections; identification required when voting ..............................................................HB 554 Elections; 1992 and 1996 primaries; delete certain provisions ....................................HB 818 Elections; numbered list of voters; amend provisions ..................................................HB 824 Elections; photographic identification required when voting......................................HB 670 Elections; photographic identification required when voting......................................HB 871 Elections; poll officers; appoint persons age 16 and over.............................................HB 822 Elections; polls remain open until 8:00 pm....................................................................HB 738 Elections; primaries; amend provisions ...........................................................................HB 819

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2949

VOTING (Also, see Elections) (Continued) Elections; redefine absentee elector.................................................................................HB 530 Elections; redefine absentee elector.................................................................................HB 543 Elections; registration of homeless voters; provide .....................................................HB 1177 Elections; voter lists; corrections through postal information.....................................HB 890 Elections; voter lists; include certain symbols...............................................................HB 546 Elections; voter registration; precinct cards; voter lists ...............................................HB 823 House of Representatives; election; General Assembly; membership and apportionment................................................................................HB 1093 Optical scanning voting equipment; regulate...............................................................HB 1268 Special county 1% sales tax; use for certain voting equipment................................HB 1467 Voting precinct boundaries; changes; file with Legislative and Congressional Reapportionment Office.........................................HB 1466 Voting Rights Act; preclearance; urge Congress repeal ................................................HR 224

w

"W. W. FINCHER, JR., PARKWAY"; designate ........................................................HR 954
WACO, CITY OF; corporate limits.................................................................................HB 1851
WADE, JASON; recognize ...............................................................................................HR 1332
WALKER COUNTY Homestead exemption; certain residents ......................................................................HB 1920 Homestead exemption; certain residents ......................................................................HB 1922
WALKER SCHOOL WOLVERINES MEN'S SOCCER TEAM; commend ......HR 762
WARD, MINOR J. "BUDDY"; condolences...............................................................HR 1429
WARE COUNTY Homestead exemption; certain residents ......................................................................HB 1916 Homestead exemption; certain residents ......................................................................HB 1917
WAREHOUSING Agricultural dealers, grain dealers, warehousemen; breach of bond; hearings; actions; complaints .........................................................HB 1211 Self-service storage facilities; personal property; liens ...............................................HB 1819 Warehouse receipts; cotton; electronic warehouse receipts...........................................SB 544
WARRANTS Arrest warrants; application by video conference .......................................................HB 1570 Arrest warrants; application by video conference ..........................................................SB 411 Fire and other hazards; regulation; citations for noncompliance.................................SB 608 Law enforcement officers; certain arrest entry; require search warrant ....................HB 953
WASHINGTON COUNTY HIGH SCHOOL GOLDEN HAWKS FOOTBALL TEAM; invite to House ......................................................HR 1107
WASHINGTON, GEORGE EDWARD; commend ...................................................HR 1183
WASTE MANAGEMENT Counties and municipalities; garbage collection services; optional.............................HB 758 Garbage collection services; limit imposition of liens .................................................HB 1766 Motor oil; retail establishment selling; post certain information..............................HB 1340 Municipal wastewater systems trust fund; create - CA..............................................HR 1113
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2950

INDEX

WASTE MANAGEMENT (Continued) Sales tax exemption; building materials used in recycling ..........................................HB 142 Scrap Tire Management Fee; additional legislative intent..........................................HR 874 Solid Waste Trust Fund; tire fees; cease collection ......................................................HB 697 Special county 1% sales tax; solid waste handling .......................................................HB 700 Special license plates; promote recycling...........................................................................SB 63 State government; recycled paper use; change requirements.......................................SB 574 Tires and scrap tires; amend provisions; certain tax credit.........................................HB 835 Wastewater discharge; nondomestic users; amend provisions ...................................HB 1724 Water and Sewerage Authority Act; enact .....................................................................HB 603
WATER AND WASTEWATER (Also, see Waters, Ports, and Watercraft) Environmental protection; issuance of permits; authorize certain refusals.............................................................................................HB 1432 Georgia Neighborhood Protection Act; enact...............................................................HB 1681 House Study Committee on the Atlanta Wastewater System; create........................HR 608 House Study Committee on the Protection of Ground-water Resources; create.................................................................................HR 1231 Metropolitan river protection; comprehensive land and water use plans................HB 1679 Middle Chattahoochee Water Resources Authority; create .......................................HB 1401 Municipalities; water and sewer systems; private contracts .........................................SB 318 Municipal wastewater systems trust fund; create - CA..............................................HR 1113 Natural Resources, Department of; prohibit certain withdrawal of ground water...........................................................................HB 1480 Public water systems; certain violations and failures; civil penalties .........................SB 486 Safe Drinking Water Act; public water systems; amend provisions............................SB 252 Soil and water conservation; supervisors; audits; summary financial data...............................................................................................HB 1295 State Commission on the Condemnation of Public Property; water quality manager..................................................................................HB 773 Surface water; permits for withdrawal; certain rivers ...................................................SB 415 Wastewater discharge moratorium; certain facilities; inapplicability............................SB 19 Wastewater discharge; nondomestic users; amend provisions...................................HB 1711 Wastewater discharge; nondomestic users; amend provisions ...................................HB 1724 Wastewater treatment facilities; privatization; provisions .........................................HB 1163 Water and Sewerage Authority Act; enact .....................................................................HB 603 Water pollution; nonattainment areas; corrective measures - CA..............................HR 255 Water pollution; nonattainment areas; incinerating sludge; prohibition phase-in..........................................................................................HB 690 Water resources; animal feeding operations; moratoria..............................................HB 1848 Water resources; animal feeding operations; regulate.................................................HB 1265 Water well standards; amend provisions ........................................................................HB 911 Wells; county instructions for placement .....................................................................HB 1114
WATERS, PORTS, AND WATERCRAFT Conservation rangers; provide new designation..............................................................SB 514 Inlets, harbors, and rivers; beach-quality sand; regulate maintenance....................HB 1182 Inlets, harbors, and rivers; beach-quality sand; regulate maintenance ....................HB 1282 Joint Stream Buffer Study Committee; create ...............................................................SR 644 Land, Water, Wildlife, and Recreation Heritage Fund; create ....................................SB 496 Land, Water, Wildlife, and Recreation Heritage Fund; General Assembly provide - CA........................................................................SR 532 Map and plat recordation; Chattahoochee River stream corridor designation........................................................................................................HB 930 Metropolitan River Protection Act; exempt certain structures.....................................HB 21 Metropolitan river protection; comprehensive land and water use plans................HB 1679 Metropolitan river protection; comprehensive land and water use plans ..................SB 661 Watercraft; ad valorem tax; decals; registration ..........................................................HB 1509

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2951

WATERS, PORTS, AND WATERCRAFT (Continued) Watercraft and personal watercraft; amend provisions..............................................HB 1394 Watercraft; boating under the influence; child endangerment..................................HB 1393 Watercraft; speed restrictions; accidents......................................................................HB 1395
WATSON, HONORABLE STAN; committee assignment.........................................Page 19
WAYCROSS, CITY OF Homestead exemption; certain residents ......................................................................HB 1918
WAYNE COUNTY; commend sheriffs department .....................................................HR 973
WEAPONS Antiterroristic training; certain communication; prohibit............................................HB 762 Concealed; licensure; exempt certain judges not in office..........................................HB 1473 Concealed; licensure; exempt district attorneys emeritus ............................................HB 372 Concealed; licensure; exempt municipal and city judges.............................................HB 523 Concealed; licensure; exempt superior court reporters.................................................HB 481 Concealed; loaded firearm in vehicle; defense of habitation; immunity ..................HB 1360 Firearms; carrying without license; certain correctional employees ...........................HB 896 Firearms possession; restrictions; exemptions..............................................................HB 1425 Firearms; state compliance with Brady Law..................................................................HB 290 Game and fish; amend provisions..................................................................................HB 1352 Hunting; crossbow permits for persons with disabilities............................................HB 1532 Insurance; lawful firearms kept on property; prohibit denial of coverage.............................................................................................SB 562 Juveniles; certain offenses involving firearm; superior court jurisdiction .............................................................................................HB 296 Private detective and private security business; amend provisions..........................HB 1704
WEBSTER COUNTY; board of education; districts ..................................................HB 1796
WEIGHTS AND MEASURES Boll weevil eradication; assessments on cotton; first buyer.......................................HB 1242 Length of vehicles and loads; amend provisions ............................................................SB 272 Length of vehicles and loads; tandem trailers; warning signs .....................................HB 991 Vehicle weights and loads; permits for excess weight and dimensions; amend provisions...............................................................................HB 848 Weight of vehicles and loads; granite; load limits.......................................................HB 1453 Weight of vehicles and loads; limits; truck routes ......................................................HB 1470
WELFARE (See Social Services)
WESTERN JUDICIAL CIRCUIT Superior court judges; compensation................................................................................SB 483
WESTON, REV. AGNES LOUISE; condolences ........................................................HR 819
WESTOVER HIGH SCHOOL BOYS' BASKETBALL TEAM; invite to House ..................................................................................................HR 1263
WHEELER COUNTY; Telfair-Wheeler Airport Authority; create ..........................HB 1908
WHITE COUNTY Convey property ..................................................................................................................SR 489 Land use regulations; advisory referendum..................................................................HB 1902 Northeastern Judicial Circuit; district attorney; salary supplement........................HB 1841 Northeastern Judicial Circuit; superior court judges; salary supplement............................................................................................HB 1840
WILDLIFE Deer and motor vehicle collisions; certain counties; open bowhunting season................................................................................................HB 881

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2952

INDEX

WILDLIFE (Continued) House Hunter Notification Study Committee; create ..................................................HR 160 Hunting; crossbow permits for persons with disabilities............................................HB 1532 Land, Water, Wildlife, and Recreation Heritage Fund; create ....................................SB 496 Land, Water, Wildlife, and Recreation Heritage Fund; General Assembly provide - CA ........................................................................SR 532 Lifetime sportsman's license; create; Wildlife Endowment Fund; establish........................................................................................HB 1640 Real estate transfer tax; increase; remit to certain fund.................,..........................HB 1551 State-owned wildlife; certain damage; sovereign immunity; waiver...........................HB 836 Wildlife management areas; certain tracts of land; provide for cessation of use............................................................................................SB 475
WILES, HONORABLE JOHN; committee assignment ...............................................Page 2
WILES, RYAN M.; commend...........................................................................................HR 747
WILHITE, ABBIE; compensate .....................................................................................HR 1140
WILL, MARY; commend..................................................................................................HR 1392
"WILL ROSS-CHARLIE WILSON MEMORIAL BRIDGE" Designate............................................................................................................................HR 1101 Designate............................................................................................................................HR 1174
WILLIAM "BILLY" SHAW ABNEY MEMORIAL HIGHWAY; designate...HR 1106
WILLIAM E. YOUNG ROAD Recognize honorary designation.....................................................................................HR 1205 Recognize honorary designation.....................................................................................HR 1341
WILLIAM JACKSON "MOOGIE" LEE HIGHWAY; designate ........................HR 1034
WILLIAMS, HONORABLE BETTY JO; commend...............................................HR 1400
WILLIAMS, HONORABLE J. D.; commend ..............................................................HR 945
WILLIAMS, KATHRYN;commend.............................................................................HR 1129
WILLIAMS, OLIVER TOMMY; commend ...............................................................HR 1380
WILLIAMS, RUTH POPE; commend .........................................................................HR 1016
WILLIAMSON, THELMA T.; commend....................................................................HR 1017
WILLS, MARK; commend...............................................................................................HR 1238
WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES Assistant county administrators; probate judge appoint in certain counties ............................................................................................SB 136 Death without a will; determination of heirs; surviving spouse...................................SB 265 Intestate succession; year's support; deserting spouse or parent ..............................HB 1568 Intestate succession; year's support; deserting spouse or parent..............................HB 1872 Nonprobate transfer on death; nontestamentary ..........................................................HB 649 Pre-1998 Probate Code; designate; Revised Probate Code of 1998; designate and amend ..........................................................................HB 1226 Property; estates in reversion; terminate after 50 years.............................................HB 1769 Transfer of vehicles; joint interest with survivorship ...................................................HB 387 Uniform Transfer on Death Security Registration Act; enact ....................................HB 642 Uniform Transfer on Death Security Registration Act; enact ..................................HB 1531 Wills; loss of; presumption of revocation ......................................................................HB 1318 Wills; proof in common form; single witness ...............................................................HB 1655

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INDEX

2953

WILSON, ELLEN LOUISE AXSON; place portrait in capitol...............................HR 736
WINDER-BARROW HIGH SCHOOL Boys cross country team; commend...............................................................................HR 1412 Cheerleaders; commend ...................................................................................................HR 1411
WINDER, CITY OF; public facilities authority; create..............................................HB 1768
WINE (See Alcoholic Beverages and Alcoholism)
WINFORD R. BOATRIGHT HIGHWAY Recognize honorary designation .....................................................................................HR 1204 Recognize honorary designation .....................................................................................HR 1301
WITNESSES Fees; include certain college or university police officers ............................................HB 595 Georgia Street Gangs Act of 1998; enact; Georgia Street Gang and Terrorism Prevention Act; comprehensive revision of provisions....................................................................................................HB 1391 Privileged testimony; attorney and client; extend privilege .........................................SB 634 Subpoenas for certain depositions; attorney issuance...................................................HB 319 Wills; proof in common form; single witness ...............................................................HB 1655
WOLFE, FLETCHER Commend...........................................................................................................................HR 1163 Invite to House.................................................................................................................HR 1196
WOMEN'S RIGHTS MOVEMENT; commend.........................................................HR 1397
WOODSON, HONORABLE EVELYN "MIMI"; commend..................................HR 1318
WOODSTOCK CENTENNIAL PARKWAY; designate ..........................................HR 434
WOODSTOCK, CITY OF Mayor and council; election; terms................................................................................HB 1900 Woodstock Police Chief Lyons and Fire Chief Smith; commend.............................HR 1334
WOODVILLE, CITY OF; new charter.........................................................................HB 1597
WORKERS' COMPENSATION Amend provisions; Self-Insurers Guaranty Trust Fund.............................................HB 1327 Certain emotional or mental injury; provide exception..............................................HB 1475 Certain premium increases; independent right of action .............................................HB 952 Child support arrearages; recovery; workers' compensation settlements...................HB 698 Drug-free workplace; certification..................................................................................HB 1140 Drug-free workplace; employer contributions and taxes; reduced rate....................HB 1720 Employee filing workers' compensation claim; certain termination notice ...........................................................................................HB 1075 Employee filing workers' compensation claim; prohibit termination .........................HB 792 Employer substitute managed care organization for physician.................................HB 1591 Georgia Workers' Compensation Uninsured Employers' Trust Fund Act; enact.................................................................................................HB 1864 Group self-insurance funds; certain examinations; private examiners........................SB 656 "Injury" or "personal injury"; change definition.........................................................HB 1249 Insurance premium discount; drug-free workplace .....................................................HB 1134 Insurance premium discount; drug-free workplace ........................................................SB 155 National Guard; certain members....................................................................................HB 704 National Guard; indemnification; certain members and firemen ................................SB 592 Self-Insurers Guaranty Trust Fund; powers of board; certain audits.........................SB 166 Unfair Claims Settlement Practices Act; change certain definition...........................HB 597

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2954

INDEX

WORKERS' COMPENSATION (Continued) Uninsured employers trust fund; authorize creation - CA.........................................HR 1188 Workers' Compensation Statistical Reporting and Experience Modification Factor Enforcement Act; enact........................................HB 837
WORLD CONGRESS CENTER Alice Hawthorne Centennial Olympic Park; designate ................................................HR 958
WORLDWIDE CANCER PRAYER DAY; urge observance....................................HR 872
WORLEY, MIKE; commend ...........................................................................................HR 1200

YOUMANS, JACK; commend........................................................................................HR 1122 YOUTH ASSEMBLY AND JUNIOR YOUTH ASSEMBLY; commend ........HR 1370

ZONING Annexation; effective date; initiate prior to.................................................................HB 1603 Automatic zoning of certain property; drug dependency facility; hearings.........................................................................................SB 600 Constitutionality; trial provisions.....................................................................................HB 302 Newly annexed property; review and comment period ..............................................HB 1047 Redefine "zoning decision"; special use permit..............................................................SB 573 Rezoning; certain hearings; posting of signs....................................................................SB 521 Transfer of development rights......................................................................................HB 1540 Zoning and building inspections; nonelected city and county employees; prohibit certain action................................................................HB 1073

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PART 11
HOUSE BILLS
HB 1 --Pro-family Tax Equity Act of 1997; enact............................................No Action HB 2 --Income tax; taxable net income; exclude capital gains.......................No Action HB 3 --General Assembly Integrity Act of 1997; enact....................................No Action HB 4 --The Budget Accountability Act of 1997; enact....................................No Action HB 5 --Drivers' licenses and identification
cards; fingerprinting; prohibit........................................................No Action HB 6 --Education Accountability Act of 1997; enact.......................................No Action HB 7 --Education; state and local superintendents;
certification; Professional Standards Commission......................No Action HB 8 --Income and sales taxes; amend provisions............................................No Action HB 9 --Income tax; annual adjustments; Consumer Price Index ...................No Action HB 10 --Ad valorem taxes and license fees;
time limitation for refunds.............................................................No Action HB 11 --Ad valorem taxes and license fees;
time limitation for refunds.............................................................No Action HB 13 --General Assembly Integrity Act of 1997; enact....................................No Action HB 14 --Sales tax; educational purposes; multiple
county school district.......................................................................No Action HB 16 --Marriage Penalty Repeal Act; enact......................................................No Action HB 17 --Driving under the influence; chemical
tests; amend provisions ...................................................................No Action HB 18 --Budget unit object class transfers;
General Assembly approval............................................................No Action HB 20 --Automobile Teenage Protection Act of 1997; enact............................No Action HB 21 --Metropolitan River Protection Act;
exempt certain structures ...............................................................No Action HB 22 --Sandy Springs, City of; incorporate.......................................................No Action HB 23 --Municipal charter commissions; create............................................................1124 HB 24 --Court-ordered child support; juveniles in detention ...........................No Action HB 25 --Drivers' licenses and identification cards;
fingerprinting; prohibit; destroy certain records .........................No Action HB 26 --Professional Employer Organization Act; enact...................................No Action HB 27 --Driving under the influence; chemical
tests; under age 21; change provisions..........................................No Action HB 28 --Drivers' licenses; persons under age 21;
driver education course ...................................................................No Action HB 29 --Drivers' licenses and identification cards;
fingerprinting; prohibit; destroy certain records.........................No Action HB 30 --Motor vehicle emission inspections;
waiver and exemption stations.......................................................No Action HB 31 --Home study or private school students;
HOPE scholarship; qualifications..................................................No Action HB 32 --Counties and municipalities; certain

2956

INDEX

real property; competitive bids......................................................2212, 2635 HB 33 --Financial institutions; check cashing;
prohibit fingerprinting.....................................................................No Action HB 35 --Medical benefits; reimbursement in certain cases...............................No Action HB 36 --Controlled substances; gamma
hydroxybutyric acid; penalties .......................................................No Action HB 37 --Candidates; drug testing requirement; temporary waiver ..................No Action HB 38 --Court-ordered child support; juveniles in detention ...........................No Action HB 39 --Elections; independent expenditures; regulation .................................No Action HB 40 --Teachers Retirement; early retirement;
eliminate penalty..............................................................................No Action HB 41 --Juveniles; court records; inspection by
certain school officials .....................................................................No Action HB 42 --Teachers, personnel, and students;
certain student assault; reports......................................................No Action HB 43 --Brandon Act; enact...................................................................................No Action HB 44 --Local school systems; statewide comprehensive
educational information network...................................................No Action HB 45 --Student codes and standards of conduct;
boards of education establish.........................................................No Action HB 46 --Retailers; sales prices of clothing; returns ............................................No Action HB 47 --Elections; candidates; prohibit certain qualification...........................No Action HB 48 --Drivers' licenses and identification
cards; fingerprinting; prohibit ........................................................No Action HB 50 --Highways; high occupancy vehicle lanes;
single-occupant vehicle use.............................................................No Action HB 51 --Motor vehicles; license plate display;
amend provisions..............................................................................No Action HB 52 --State employees' health insurance plan;
include certain county officers .......................................................No Action HB 53 --Driver's license and identification
card; fingerprinting; prohibit..........................................................No Action HB 55 --Principal and agent; transfer of property;
certain power of attorney not effective.........................................No Action HB 56 --Employees' Retirement; appellate judges;
reduce retirement age......................................................................!214, 1610 HB 59 --Certain sales by postsecondary education
organizations; sales tax exemption ................................................No Action HB 62 --Driver's license; replacement; fee ...........................................................No Action HB 63 --Non-prescription drugs; sales tax exemption .......................................No Action HB 64 --Family violence; threat to commit offense............................................No Action HB 65 --Hospital authorities; prohibition of state funds...................................No Action HB 66 --Adoption; biological parent; release of information ............................No Action HB 68 --Juvenile courts; intake workers or
probation officers; training .............................................................No Action HB 69 --Intangible taxation; depository financial
institutions; local business tax .......................................................No Action HB 71 --Telephone solicitations to residential
subscribers; regulate ........................................................................1887, 1908 HB 72 --Handicapped parking; permits issued to institutions .........................No Action HB 73 --Intangible recording tax; filing of real
estate instruments............................................................................No Action
HB 74 --Income tax; individual rate .....................................................................No Action
HB 75 --Taxes and license fees; forms of payment ............................................No Action
HB 76 --Motor fuel tax; levy and rate; amend provisions.................................No Action
HB 77 --Ad valorem tax; tangible property assessment;
amend provisions..............................................................................No Action

INDEX

2957

HB 78 --Income tax; corporations; amend provisions ........................................No Action HB 80 --Sales tax; imposition; amend provisions................................................No Action HB 81 --Sales tax exemption; certain motor fuels..............................................No Action HB 82 --Real estate transfer tax; certain
instruments; applicability provisions ............................................No Action HB 86 --Income tax; certain adjusted gross income;
amend provisions..............................................................................No Action HB 87 --Income tax; payments; define certain terms.........................................No Action HB 88 --Superior Court Judges Retirement;
certain members; benefit increase ................................256, 274, 1091, 1676 HB 89 --Insurance; certain acts relating to
agreements; unfair trade practices ................................................No Action HB 90 --Home schooled children; HOPE scholarship;
qualifications.....................................................................................No Action HB 91 --Drivers' licenses; persons under age 17;
driver education course ...................................................................No Action HB 92 --Georgia Drugs and Narcotics Agency;
agents retain badge and weapon....................................................No Action HB 95 --Public Service Commission; election;
amend provisions...........................................................501, 1772, 2724, 2725 HB 96 --Professional counselors; master's level
psychologists; licensing....................................................................No Action HB 99 --State and local governments; affirmative
action; prohibit .................................................................................No Action HB 101 --Motor vehicles; ad valorem taxes; when due ........................................No Action HB 102 --Motor vehicle registration; prohibit
requiring social security number ...................................................No Action HB 103 --Criminal procedure; violent offenders;
serve 85 percent of sentence...........................................................No Action HB 106 --Health maintenance organizations; service
by other provider; failure to provide certain care.......................No Action HB 107 --Fair business practices; pricing of
goods or services; gender discrimination ......................................No Action HB 108 --Health maintenance organizations;
disclosure; payments to provider...................................................No Action HB 109 --Death penalty; defendant guilty but
mentally ill; life without parole .....................................................No Action HB 110 --Special license plates; Shrine hospitals .................................................No Action HB 113 --Police chiefs and wardens; training requirement.................................No Action HB 114 --Juvenile proceedings; jurisdiction; traffic offenses ..............................No Action HB 115 --Tax executions; transferring or selling in lot blocks...........................No Action HB 116 --Motor vehicles; registration records;
inspection by private detectives.....................................................No Action HB 117 --Misdemeanors of high and aggravated nature; confinement .............No Action HB 118 --Health spas; cancellation of contract.....................................................No Action HB 120 --Elections; candidates for local office; drug testing..............................No Action HB 121 --Public School Choice Act of 1997; enact...............................................No Action HB 122 --Georgia Crime Information Center; certain
records; landlords obtain ....................................................................156, 435 HB 129 --Sales tax exemption; certain granite
manufacturing material ...................................................................No Action HB 131 --Young Drivers Safety Act of 1997; enact ..............................................No Action
HB 132 --Funeral directors and embalmers; licensure;
apprenticeship...................................................................................No Action
HB 133 --County boards of tax assessors; authority
to summon; exclude certain schedules..........................................No Action
HB 134 --Convalescent equipment providers; regulate ........................................No Action

2958

INDEX

HB 135 --Certificate of need; exempt certain hospitals.......................................No Action HB 136 --Tuition equalization grants; public
school students; nonpublic schools................................................No Action HB 137 --Long distance telephone service;
solicitation by direct mail or media ..............................................No Action HB 139 --Driving under the influence; habitual
violators; special license plates; minimum mandatory imprisonment; ignition interlock devices...............................................................................No Action HB 140 --Juveniles; condition of probation; maintain passing average in school ...............................................No Action HB 141 --Minors under age 16; parental consent required for marriage.......................................................................No Action HB 142 --Sales tax exemption; building materials used in recycling...............................................................................No Action HB 144 --Sales tax exemption; certain sales to home health agencies..................................................................................No Action HB 145 --Acupuncturists; registration by Department of Human Resources........................................................................No Action HB 146 --Income tax; married persons; change certain tax tables.....................No Action HB 147 --Presentencing hearings; certain juvenile records; additional evidence ...........................................................No Action HB 150 --State government; executive branch; legislative oversight..........................................................................No Action HB 153 --Supplemental appropriations; FY 1996-97 ...........................................No Action HB 154 --Motor vehicle insurance; driver's license suspension; notice.............................................................................No Action HB 155 --Condemnation procedures; amend provisions ...................549, 1361, 2212, 2528 HB 156 --Structural pest control contracts; certain information .......................No Action HB 157 --Computer crimes; transmittal of misleading data ...............................No Action HB 158 --Transportation, State Board of; authority to name certain roads...........................................................................No Action HB 159 --Elections; persons in arrears on taxes; prohibit eligibility ............................................................................No Action HB 160 --Elections; certain amplified solicitation of votes; prohibit ..............................................................................No Action HB 161 --Telephones; toll-free calling; adjacent counties; Universal Service Fund ..................................................No Action HB 162 --Certificate of need; exempt home health agencies ..............................No Action HB 163 --Federal law enforcement officers; powers .............................................No Action HB 164 --Employees' Retirement; option; beneficiary predeceases member ........................................................................No Action HB 166 --Certain antique hobby aircraft; ad valorem tax exemption...................................................................................No Action HB 168 --General appropriations; FY 1997-98......................................................No Action HB 169 --Supplemental appropriations; FY 1996-97 ...........................................No Action HB 170 --Supplemental appropriations; FY 1997-98 ...........................................No Action HB 175 --Pardons and paroles; board employees; candidates for public office ............................................................No Action HB 176 --Nursing homes and intermediate care homes; staffing plans.....................................................................................No Action HB 177 --Employment security; State-wide Reserve
Ratio; amend provisions..................................................................No Action
HB 179 --Juvenile convicted of felony; court notify school.................................No Action
HB 181 --University System; certain instructors;
require teaching experience ............................................................No Action
HB 184 --Patient Protection Act; amend provisions ............................................No Action

INDEX

2959

HB 185 --Tax executions in lot blocks; revise provisions ....................................No Action HB 186 --Dove-hunting season; Board of Natural
Resources establish statewide ........................................................No Action HB 189 --Building codes; arbitration; amend provisions.....................................No Action HB 190 --Speed detection devices; radar permit;
full-time officer required.................................................................No Action HB 191 --Alarm systems monitoring contractors; licensure ................................No Action HB 192 --General contractors; registration ............................................................No Action HB 195 --Children adjudicated delinquent; information
provided to school superintendents...............................................No Action HB 196 --Aircraft used for agricultural purposes;
sales tax exemption..........................................................................No Action HB 198 --Teachers Retirement; forfeited annual and
sick leave; creditable service...........................................................No Action HB 199 --Teachers Retirement; 27 years of service..............................................No Action HB 200 --Teachers Retirement; 25 years of service;
certain membership .........................................................................No Action HB 201 --Teachers Retirement; early retirement; reduce penalty .....................No Action HB 202 --Teachers Retirement; forfeited annual
and sick leave; creditable service...................................................No Action HB 203 --Teachers Retirement; forfeited sick leave;
creditable service.........................................................1081, 1263, 2132, 2332 HB 207 --Election of county officers; nonpartisan; authorization......................No Action HB 209 --Teachers; qualifications; posting by school systems............................No Action HB 210 --Lottery; educational purposes and programs; redefine.......................No Action HB 215 --Richmond County; governing authority; appointments......................No Action HB 216 --Augusta-Richmond County Coliseum Authority; members ...........................120 HB 218 --Republican United States House of
Representatives Speaker Newt Gingrich Act; enact...................No Action HB 220 --School buses; passenger seat belts .........................................................No Action HB 221 --Withholding tax; certain property sale; exception...............................No Action HB 223 --Teachers Retirement; post-retirement
benefit adjustment ...........................................................................No Action HB 224 --Stone Mountain Memorial Association;
certain contracts; General Assembly approve..............................No Action HB 225 --Fulton County; state court; chief judge.................................................No Action HB 226 --Boards of education; curriculum;
standardized student assessments .................................................No Action HB 227 --Alcoholic beverages; purchasing or
consumption by persons under age 21; change penalties ...............................................................................No Action HB 229 --Child custody; awards; annual review....................................................No Action HB 230 --State Ethics Commission; duties; elections; campaign activities...........................................................................No Action HB 231 --Child custody; court consider desire of child age 10 to 14 .............................................................................No Action HB 232 --Ad valorem tax; destroyed property; proration....................................No Action HB 233 --Felony insurance fraud; uninsured motorists; health coverage; availability and portability; newly born and adopted children coverage; ob-gyn access; dispensing gasoline......................................................2101, 2627, 2670, 2738
HB 235 --Insurance; health plan purchasing
cooperatives; provisions...................................................................No Action
HB 236 --Mass transportation services; contract
provisions; counties and municipalities................................188, 1294, 1905
HB 237 --Postsecondary remedial instruction;

2960

INDEX

local school system reimburse state ..............................................No Action HB 239 --Emergency Management, Preparedness, and
Assistance Trust Fund; create....................................................................211 HB 240 --Partial-birth abortion; prohibit ..............................................................No Action HB 242 --Driver's license fee; payment by cash or check....................................No Action HB 243 --Peace Officers' Annuity and Benefit;
retiree; reemployment......................................................................No Action HB 244 --Educational grants; lengthen school year ............................................1121, 1539,
2102, 2374, 2734
HB 247 --Drivers' licenses and identification cards; fingerprinting; prohibit....................................................................No Action
HB 248 --Litter; definition; include cigarette butte..............................................No Action HB 249 --Marriage ceremonies; authorize federal
judges to perform.............................................................................l907, 2371
HB 251 --Trespass; limitation of actions; prohibit after 10 years ....................................................................................No Action
HB 253 --Jury duty; limit service to once per five years .....................................No Action HB 254 --Trial Judges and Solicitors Retirement;
increase retirement benefit .............................................................No Action HB 256 --Trial Judges and Solicitors Retirement;
spousal coverage; rejection..............................................................No Action HB 257 --Talent agencies; regulate .........................................................................No Action
HB 258 --Law enforcement officers; certain indictments; procedures .........................................................................................No Action
HB 259 --Annexation; notice by municipalities; amend provisions....................No Action HB 260 --Elections by mail; pilot counties; provisions ........'................................No Action HB 261 --Municipalities; certain rock quarries;
written consent required .................................................................No Action HB 262 --Counties; certain rock quarries; written
consent required ..........................................................................498, 911, 970 HB 263 --Trespass; limitation of actions; when cause accrues............................No Action
HB 264 --Trial Judges and Solicitors Retirement; benefits; certain survivors ...............................................................No Action
HB 265 --State courts of counties; solicitor-general; selection............................No Action HB 266 --Insurers; payment for certain procedures;
prohibit denial..................................................................................No Action HB 267 --Douglas Judicial Circuit; add judge.......................................................No Action HB 268 --Municipalities; forfeited real property;
sales to law enforcement officers ...................................................No Action HB 269 --Atlanta Judicial Circuit; add judge........................................................No Action HB 270 --Fairness in Health Care Act; enact........................................................No Action HB 271 --Employees' Retirement; certain military
service; creditable service................................................................No Action
HB 274 --Psychologists; license reciprocity agreements; investigation of complaints; records.............................................2041, 2164, 2530, 2579, 2734
HB 276 --Curriculum-based assessments; limit use..............................................No Action HB 278 --Emergency 911; certain performance reports; inspection...................No Action HB 280 --Municipalities; forfeited real property;
sales to law enforcement officers ...................................................No Action HB 281 --Health insurance; diabetes treatment and equipment....................................992
HB 282 --State auditor; county revenues and expenditures; annual report............................................................No Action
HB 285 --Limousine carriers and passenger vans; regulations............................No Action
HB 286 --Ocmulgee Judicial Circuit; add judge..............................................................!394
HB 287 --Personal care homes; change name to assisted living facilities....................................................................No Action

INDEX

2961

HB 290 --Firearms; state compliance with Brady Law........................................No Action HB 292 --State court judges; compensation..............................................................^, 1227 HB 296 --Juveniles; certain offenses involving
firearm; superior court jurisdiction ...............................................No Action HB 300 --Conditioned air contractors; unlicensed
activity; cease and desist orders; forfeiture of property...............................961, 1076, 2132, 2358, 2628, 2735 HB 301 --Quality basic education; midterm adjustments; training and experience...................................................................No Action HB 302 --Zoning; constitutionality; trial provisions .............................................No Action HB 303 --Drivers' licenses and identification cards; fingerprinting; prohibit....................................................................No Action HB 304 --Motor vehicle; payment of claims; certain prohibition.......................No Action HB 305 --Gwinnett Judicial Circuit; add judge.....................................................No Action HB 310 --Commerce, City of; corporate limits ......................................................No Action HB 311 --Grants to Counties for Regional Jail Capital Expenditures Act; enact....................................................No Action HB 312 --Education; student transportation; state aid eligibility ...........................................................................No Action HB 314 --Landlord and tenant; dispossessory proceedings; amend provisions.......................................................No Action HB 315 --Open records; exempt certain information ...........................................No Action HB 316 --Uniform rules of the road; central turn lane........................................No Action HB 317 --State purchasing; competitive bids; amend provisions .......................No Action HB 318 --Certain fruit or nut plants; ad valorem tax exemption ......................No Action HB 319 --Subpoenas for certain depositions; attorney issuance.........................No Action HB 320 --Municipalities; incorporation; minimum distance; change time ......................................................................No Action HB 327 --Magistrate courts; filing fees; maximum amount ................................No Action HB 328 --Motor vehicles; lighted headlights; when required..............................No Action HB 330 --Pharmacists and pharmacies; comprehensive revision of provisions; Georgia Drugs and Narcotics Agency..........................................................................590, 635 HB 332 --Medical consent; certain test results; timely notification ............................................................................No Action HB 335 --Employees' Retirement; benefit calculation; amend provisions..............................................................................No Action HB 336 --Firemen's Pension Fund; certain prior service; creditable service ...............................................................48, 75, 402 HB 338 --Firemen's Pension Fund; certain spousal benefits; survivor's option ........................................................145, 243, 1002 HB 342 --State flag; change design .........................................................................No Action HB 343 --State Licensing Board for General Contractors; create......................No Action HB 344 --Boards of equalization; certain assessments pending review; status .....................................................................No Action HB 346 --Education; transportation; include certain elementary students ...........................................................No Action HB 350 --Drivers' licenses and identification cards; renewal by mail...................................................................,.No Action HB 351 --Handicapped persons; rights; service capuchin monkeys...................No Action HB 352 --Sexual assault; include sexual contact between attorney and client ...........................................................No Action
HB 353 --Charter Schools Act of 1998; enact;
capital outlay funding...................................................917, 1282, 2041, 2342
HB 354 --Charter Schools Act of 1997; amend provisions...................................No Action
HB 356 --Privatization; employees displaced by;
certain re-employment rights .........................................................No Action

2962

INDEX

HB 357 --Privatization; require referendum ..........................................................No Action HB 358 --Uniform rules of the road; truck drivers;
signal requirements..........................................................................No Action HB 359 --Insurance; prohibit discrimination
against abuse victims.......................................................................No Action HB 360 --Insurance; prohibit discrimination by ZIP Code .................................No Action HB 361 --Elections; absentee ballots; delivery
by certain family members .............................................................No Action
HB 362 --Sex offenders; parole or release; notification of residence..................................................................No Action
HB 363 --Speed detection devices; radar; amend provisions ..............................No Action HB 364 --Woman's Right to Know Act; enact ......................................................No Action HB 365 --Motor fuel excise tax; state increase
to offset federal decrease ................................................................No Action HB 366 --Law enforcement; police volunteers; provisions...................................No Action HB 367 --Ad valorem tax; motor vehicles; when due...........................................No Action HB 368 --Indemnification; state highway employees ...........................................No Action HB 370 --Controlled Substances Therapeutic Research Act; repeal..................No Action HB 372 --Concealed weapons; licensure; exempt
district attorneys emeritus..........................................................................391 HB 373 --Certificate of need; amend provisions;
Indigent Care Trust Fund ..............................................................No Action HB 375 --Abandoned motor vehicles; removal or
storage; amend provisions...............................................................No Action HB 376 --Tollways; exempt certain disabled persons...........................................No Action HB 379 --Hotels and motels; excise tax; county
and municipal levies; additional authorization............................No Action HB 381 --Public School Employees Retirement; increase benefit...................48, 123, 402 HB 382 --Employees' Retirement; certain law
enforcement personnel; retire at age 55 .......................................No Action HB 384 --Community Right-to-Know Act; enact..................................................No Action HB 385 --Environmental Justice Act of 1997; enact ............................................No Action HB 386 --Health Care Act; enact.............................................................................No Action HB 387 --Transfer of vehicles; joint interest with survivorship ...................................2277 HB 389 --Income tax; credit; rural health care provider .....................................No Action HB 390 --Insurance; life insurers; prohibit
discrimination against abuse victims ............................................No Action HB 391 --State employees; overtime compensation;
prohibit required waiver............................................................................1320 HB 392 --Insurance; disability income insurers;
prohibit discrimination against abuse victims.............................No Action HB 394 --Nurses; registration requirements;
certain volunteer service .................................................................No Action HB 395 --Civil practice; request for nonparty
health care records; notice .........................................................48, 164, 1090 HB 396 --Boxing; regulation; State Boxing Commission.............................961, 1301, 2037 HB 399 --Judgments; actual damages; criminal restitution.................................No Action HB 400 --Teachers Retirement; service in certain
private schools; creditable service .................................................No Action HB 401 --Elections; identification required when voting.....................................No Action HB 402 --Chief magistrate; vacancy; superior court
appoint temporary ...........................................................................No Action
HB 404 --Inmates; use of leg chains; provisions....................................................No Action
HB 405 --Mandatory school attendance; increase age to 18 ...............................No Action
HB 406 --Bell-Forsyth Judicial Circuit; create;
Blue Ridge Judicial Circuit; revise................................................No Action
HB 408 --Divorce; real property awards; filing of

INDEX

2963

certain certificate ...................................................................2243, 2473, 2627 HB 409 --Quality basic education; driver education;
media centers; funding; grants; program weights ...........................2103, 2160, 2228, 2342, 2379, 2637, 2737 HB 410 --Law enforcement and other officers; certain disability; retain weapon and badge ............................................624 HB 413 --Family violence shelters; prohibit disclosure of location .......................................................................No Action HB 414 --Housing authorities; commissioners; compensation.........................................498 HB 421 --Appeals; certain cases; orders excluding certain evidence................................................................................No Action HB 422 --Special license plates; "Supporting Public Schools"...........................No Action HB 427 --Probation services; transfer to Pardons and Paroles Board............................................................................No Action HB 434 --Divorce; marriage irretrievably broken; limit use................................No Action HB 435 --Special license plates; decals; certain handicapped persons........................................................................No Action HB 437 --Criminal procedure; certain crimes committed by inmate; confinement...............................................No Action HB 439 --Employees' Retirement; death of spouse; certain option ...................No Action HB 440 --Torts; duty of care; psychologists, physicians, professional counselors................................................No Action HB 441 --Employees' Retirement; Georgia Lottery Corporation employees; membership .......................1208, 1314, 1907, 2558 HB 442 --Employees' Retirement; marriage after retirement; spouse's option ........................................................48, 121, 1219 HB 443 --Employees' Retirement; retire with less than 30 years..................................................................................48, 122, 430 HB 444 --Teachers Retirement; pregnancy; creditable service ...........................No Action HB 449 --Special commemorative plates; provisions............................................No Action HB 450 --Motor vehicles; registration and licensing; amend provisions..............................................................................No Action HB 452 --Motor vehicles; certificates of title; processing ....................................No Action HB 453 --Plumbing contractors and master journey plumbers; amend provisions ...........................................................No Action HB 454 --Dental hygienists; scope of practice.......................................................No Action HB 455 --Dangerous dogs; amend provisions.........................................................No Action HB 456 --Driving under the influence; additional fees; Brain and Spinal Injury Trust Fund Authority; create....................................................................No Action HB 458 --Public officers; oath of office; amend provisions.............................48, 141, 2118 HB 462 --Advanced practice registered nurses; provisions; Prescriptive Authority Advisory Committee; create ...........................................................No Action HB 464 --Sheriffs' Retirement; spousal death; increase benefit ..........................................................................204, 239, 1002 HB 466 --State employees' health insurance plan; Sheriffs' Retirement employees .....................................................No Action HB 467 --Employees' Retirement; certain temporary service; change requirement ...........................................................No Action HB 468 --Drivers' licenses; persons under age 18; driver education course ...................................................................No Action
HB 469 --Housing; down payment assistance; federal funds ..............................No Action
HB 471 --State symbols; designate official state tartan.......................................No Action
HB 472 --Sexual harassment in the workplace;
right of action against employer ................................................................421
HB 473 --Divorce; residence requirements; reduce

2964

INDEX

time to 3 months..............................................................................No Action HB 475 --Certified Professional Midwifery Act; enact.........................................No Action HB 476 --Medical assistance; supplemental pharmaceutical rebates.................No Action HB 477 --Employees' Retirement; lottery employees;
elect non-membership.....................................................................No Action HB 478 --Mortgage lenders; failure to pay insurance
premiums; liability...........................................................................No Action HB 480 --Emergency motorist aid call boxes; place
along Interstate 75 ...........................................................................No Action HB 481 --Superior court reporters; concealed weapons;
licensure exemption.........................................................................No Action HB 482 --State revenue commissioner; Governor determine salary...................No Action HB 483 --Land surveyors and engineers; qualifications;
amend provisions..............................................................................No Action HB 485 --Arson; damage to places of worship; penalties...............................................1086 HB 486 --Home schooled students; home school diploma...................................No Action HB 488 --Torts; parks and recreation volunteers; liability..................................No Action HB 493 --Insurance fraud; change definition; civil immunity.............................No Action HB 494 --Unemployment compensation; disqualification;
exclude certain pay ..........................................................................No Action HB 495 --Employees' Retirement; certain tax
officials; age and creditable service ...............................................No Action HB 498 --State funds; prohibit expending for
behavior inconsistent with law.......................................................No Action HB 501 --Tax executions; transfers; notice to occupant and owner ..................No Action HB 502 --Commission on Political Campaign Advertising; create .....................No Action HB 504 --Income tax credits; extend certain
exemptions in certain counties.......................................................No Action HB 507 --Employees' Retirement; family and
children services; creditable service ..............................................No Action HB 509 --Medical assistance; drug formulary;
prohibit restricting physicians........................................................No Action HB 511 --Motor vehicles; certain records; bulk distribution...............................No Action HB 512 --Long Term Care Choice Act of 1997; enact..........................................No Action HB 513 --Minimum wage; increase to federal poverty
level; adjust annually.......................................................................No Action HB 514 --Handicapped persons; speculative private
residences; provisions.......................................................................No Action HB 515 --Employees' Retirement; creditable service
for Vietnam conflict.........................................................................No Action HB 516 --Probate court judges; training requirements;
amend provisions.............................................................lOO, 162, 1907, 2530 HB 518 --Income tax credit; certain long-term care insurance...........................No Action HB 519 --Magistrate courts; certain fees; amend provisions...............................No Action HB 520 --Counties and state authorities; ordinance
violations; increase penalties ..........................................................No Action HB 521 --Abandoned motor vehicles; foreclosures;
sales; amend provisions ...................................................................No Action HB 522 --District attorney; redefine .......................................................................No Action HB 523 --Concealed weapons; licensure; exempt municipal
and city judges............................................................................................1116 HB 525 --Interlocutory appeal; certain reconsideration
motions; no time extension.............................................................No Action
HB 526 --Ad valorem tax; assessment changes;
tangible personal property ..............................................................No Action
HB 527 --Juvenile proceedings; children in
foster care; certain notice................................................................No Action

INDEX

2965

HB 529 --Annexation; redefine unincorporated island.........................................No Action HB 530 --Elections; redefine absentee elector .......................................................No Action HB 532 --Motor vehicle; liability; minimum coverage..........................................No Action HB 534 --Real property; drug-related activity; redefine terms...........................No Action HB 535 --Atlanta, City of; homestead exemption; certain persons..............................2042 HB 536 --Lottery advertisements; include odds of winning................................No Action HB 537 --Planning and Budget, Office of; fiscal
notes; prohibit participation...........................................................No Action HB 538 --Marijuana; 1 ounce or less; subsequent offenses..................................No Action HB 539 --Social Circle, City of; school district; create.........................................No Action HB 542 --Fulton County; state court; abolish office of marshal.........................No Action HB 543 --Elections; redefine absentee elector .......................................................No Action HB 544 --Elections; early voting provisions .......................................................................127 HB 545 --Hotels and motels; sanitary regulations; bed linens............................No Action HB 546 --Elections; voter lists; include certain symbols......................................No Action HB 547 --Education; origins of life; present scientific theories ..........................No Action HB 548 --Divorce; marriage irretrievably broken;
time for granting ..............................................................................No Action HB 549 --Income tax; retirement income exclusion; increase .............................No Action HB 550 --Motor vehicles; free license plates and
decals; non-wartime disabled veterans .........................................No Action HB 551 --Homestead exemption; certain waivers;
applicable until property filed .......................................................No Action HB 552 --Counties and municipalities; certain
appropriations; require referendum ..............................................No Action HB 553 --Insurance; certain medical benefits; reimbursement...........................No Action HB 554 --Elections; identification required when voting.....................................No Action HB 555 --Professional engineers and land
surveyors; nonmonumentation surveys; standards......................No Action HB 556 --Sales tax exemption; certain advertising inserts..................................No Action HB 559 --Special license plates; 100 Black Men
of America, Inc; 100 Black Men of Atlanta, Inc.........................No Action HB 560 --Special plates; Prince Hall Masons of Georgia ....................................No Action HB 561 --Health insurance; athletic trainers; reimbursement......................................1116 HB 562 --Managed care; 24-hour toll-free authorization number......................No Action
HB 563 --Henry Judicial Circuit; create; Flint Judicial Circuit; amend ...................................................................No Action
HB 564 --Flint Judicial Circuit; salary supplements ............................................No Action HB 565 --Henry Judicial Circuit; salary supplements..........................................No Action HB 566 --Privacy for Consumers and Workers Act; enact ..................................No Action HB 568 --Convenience stores; secured safety
enclosure requirements....................................................................No Action HB 569 --Motor vehicles; dealer's advertisement;
purchaser's consent ..........................................................................No Action HB 571 --Superior Court Clerks' Retirement;
post retirement benefit increases..............................................145, 245, 967 HB 576 --Teachers Retirement; postgraduate
study; interruption by military service .........................................No Action HB 577 --Motor vehicle emission inspections;
exempt certain vehicles ...................................................................No Action HB 579 --Commission on Public Employment; create .........................................No Action HB 580 --Buildings and housing; lead-based
paint; prohibit renting or leasing...................................................No Action
HB 581 --Used Motor Vehicle Dealers and Used
Motor Vehicle Parts Dealers, State
Board of Registration; repeal provisions; used car dealers; registration provisions.......................................No Action

2966

INDEX

HB 585 --Child support; noncustodial parent; provide location of child .................................................................No Action
HB 586 --Home study programs; amend provisions.............................................No Action HB 588 --Retirement; involuntary separation;
discretionary termination................................................................No Action HB 589 --General and municipal elections codes;
certain definitions ............................................................................No Action HB 590 --Elections; certain illegal acts; increase penalties .................................No Action HB 593 --Borrow pits; not regulated as surface mines.........................................No Action HB 594 --Motor vehicles; uninsured motorist
coverage; no subrogation .................................................................No Action HB 595 --Witness fees; include certain college
or university police officers ............................................................No Action HB 596 --Juveniles; commission of certain crimes
under age 17; life without parole ...................................................No Action HB 597 --Unfair Claims Settlement Practices Act;
change certain definition.................................................................No Action HB 599 --Insurance; certain official inquiries; timely responses ........................No Action HB 603 --Water and Sewerage Authority Overview Committee; create............No Action HB 605 --Driver's license; assessment of points;
speeding in school zone...................................................................No Action HB 607 --State government; privatization of
certain operations; certain notice ..................................................No Action HB 609 --Hotels and motels; excise tax; amend
provisions......................................................................l997, 2042, 2285, 2432 HB 610 --Pawnbrokers; title pawn transactions; amend provisions...................No Action HB 611 --Speed detection devices; school zones;
warning signs unnecessary ..............................................................No Action HB 613 --Traffic offenses; certain reduced speed
zones; double fine.............................................................................No Action HB 614 --Court-ordered child support; juveniles in detention ...........................No Action HB 615 --Special license plates; veterans; lower
manufacturing fee............................................................................No Action HB 616 --Hawkinsville "Shoot the Bull" barbecue
championship; designate as an official state barbecue championship cookoff ...........................................No Action HB 618 --Financial institutions requiring fingerprints; prohibit business transactions with state agencies ....................................................................................No Action HB 619 --Public Participation and Enforcement Act of 1997; enact.................No Action HB 623 --Highways; certain transportation definitions; include bicycle and railroad facilities..............................,................................................No Action HB 624 --State and local governments; certain motor vehicles; identifying markings ............................................No Action HB 625 --Public Service Commission; toll-free telephone calling; certain conditions.............................................No Action HB 626 --Tax credits; certain businesses in less developed counties...........................................................................No Action HB 628 --Motor vehicles; registration records; inspection by private detectives.....................................................No Action HB 629 --Domestic relations; certain appeals; amend provisions.......................No Action
HB 632 --Elections; nomination petitions; amend provisions .............................No Action
HB 633 --Elections; certain county boards; vacancies..........................................No Action
HB 634 --Elections; certain time periods; include weekends and holidays ....................................................................No Action
HB 636 --Elections; certain qualifying fees; distribution.....................................No Action

INDEX

2967

HB 637 --Elections; presidential electors; certification of electors....................................................................No Action
HB 638 --Elections; candidate qualifications challenge; hearing........................No Action HB 642 --Uniform Transfer on Death Security
Registration Act; enact....................................................................No Action HB 646 --Transportation; spent nuclear fuel and
radioactive waste; Public Service Commission regulate........................................................................No Action HB 647 --Underground storage tanks; prohibit regulated substances........................................................................No Action HB 648 --Probation; certain supervision; Corrections Department employees...............................................No Action HB 649 --Nonprobate transfer on death; nontestamentary.................................No Action HB 652 --Driver's license; certain suspension; location of requested hearing.........................................................No Action HB 656 --Baldwin County; homestead exemption; certain residents.................No Action HB 659 --Salvaged or rebuilt vehicles; titles and markings ................................No Action HB 660 --Ad valorem tax exemption; certain chamber of commerce and civic organization property ..............................No Action HB 661 --Certain employees; Employees' Retirement or Teachers Retirement; elect either system ...........................................................................1081, 1591, 2122, 2361 HB 664 --Utility contractors; licensing; amend provisions ..................................No Action HB 665 --Ad valorem tax; fair market value; amend provisions ........................No Action HB 666 --MARTA; contracts; amend provisions...................................................No Action HB 667 --Fulton County; additional homestead exemption................................No Action HB 668 --Forest fire prevention; outdoor burning; prohibitions ........................No Action HB 669 --Juvenile courts; extend jurisdiction to all persons under age 18..................................................................No Action HB 670 --Elections; photographic identification required when voting.......................................................................No Action HB 671 --Securities; investment advisor; redefine................................................No Action HB 672 --State courts of counties; certain cities; selection of solicitor; amend provisions ........................................No Action HB 674 --Income tax; setoff debt; collection for political subdivisions .....................................................................421, 917 HB 677 --Employees' Retirement; service retirement allowance........................No Action HB 678 --Employees' Retirement and Teachers Retirement; restate annuity definition .........................................No Action HB 679 --Hotels and motels; excise and sales taxes; aggregate amount..................................................................No Action HB 680 --Eminent domain; condemnation; compensation not subject to taxation ....................................................................No Action HB 683 --Health; amend provisions........................................................................No Action HB 685 --Office of Highway Safety; certain employees; peace officers.....................................................................................No Action HB 686 --Attorney general; provision of counsel; certain correctional officials ...........................................................No Action HB 688 --Concealing death of another person; punishment; amend provisions.......................................................No Action HB 690 --Environmental Protection Agency nonattainment area; incinerating sludge;
prohibition phase-in.........................................................................No Action
HB 696 --Fair business practices; dating services; regulate.................................No Action
HB 697 --Solid Waste Trust Fund; tire fees; cease collection ............................No Action
HB 698 --Child support arrearages; recovery;
workers' compensation settlements...............................................No Action

2968

INDEX

HB 699 --Education; speech pathology services; certain contracts ..............................1392 HB 700 --Special county 1% sales tax; solid waste handling..............................No Action HB 701 --Comprehensive environmental compliance
programs; disclosure; prohibitions.................................................No Action HB 702 --Elections; absentee ballots; amend provisions......................................No Action HB 703 --Insurance provisions; inapplicability;
surplus lines insurance....................................................................No Action HB 704 --National Guard; certain members; workers'
compensation; indemnification...................................................................391 HB 705 --Sales tax exemption; fuel used by
licensed commercial fishermen.......................................................No Action HB 706 --Hotels and motels; excise tax;
international and maritime trade center authorities; amend provisions ............................................No Action HB 707 --Criminal trespass; solicitation of employment; permission of owner.................................................No Action
HB 709 --Unfair business practices; telemarketing; Internet activities; home repair .....................................................No Action
HB 710 --Macon Water Authority Act; amend provisions ..................................No Action HB 714 --Blind vendors; guide dogs on vending
premises; housing for blind or deaf persons; service capuchin monkeys ..............................186, 473,1045,1206 HB 715 --Budgetary Responsibility Oversight Committee; duties; amend provisions...........................................No Action HB 716 --Budgetary Responsibility Oversight Committee; duties; amend provisions...........................................No Action HB 717 --General Assembly; cost-of-living adjustment; tie to state employees' salary increase................................992 HB 720 --Insurance; surviving or divorced spouse; amend provisions...........................992
HB 722 --State government; certain relations with nonprofit organizations; amend provisions .........................No Action
HB 723 --Special license plates; Shrine hospitals for disabled children........................................................................No Action
HB 724 --Employees' Retirement; district attorney's employees; membership................................................................48, 124, 402
HB 725 --Mortgage lenders and brokers; certain required reports; exception.............................................................No Action
HB 726 --Income tax credit; self-employed persons; health insurance...............................................................................No Action
HB 727 --Habersham County; state court judge and solicitor; compensation....................................................................No Action
HB 728 --Probation services agreements; contract with private entity ...........................................................................No Action
HB 729 --Quality basic education; certain programs; criteria for allocation of funds .......................................................No Action
HB 730 --Ad valorem tax; property assessment; education; local fair share funds computation ............................No Action
HB 734 --Credit unions; incorporation and membership; restrictions.................................................................No Action
HB 735 --Transportation, Department of; Vehicle Safety and Inspection Division; create .........................................No Action
HB 736 --Employees' Retirement; benefit calculation;
repeal income cap.............................................................................No Action
HB 737 --Legislative Retirement; membership; amend provisions ....................No Action
HB 738 --Elections; polls remain open until 8:00 pm ..........................................No Action
HB 740 --Richmond Hill Area Convention and Visitors Bureau Authority; membership.......................................No Action

INDEX

2969

HB 742 --Marriage; mayors perform ceremonies.................................................................48 HB 743 --Augusta-Richmond County; county attorney; appointment ..............No Action
HB 744 --Public records; social security numbers; prohibit disclosure............................................................................No Action
HB 747 --Telephones; residential lines; block 976 and 900 calls........................No Action HB 749 --Elections; absentee ballots and
envelopes; voter fraud warnings.....................................................No Action HB 750 --Crimes; cruelty to animals; amend provisions; penalties....................No Action HB 751 --Judicial Retirement System; create;
District Attorneys', Superior Court Judges, and Trial Judges and Solicitors retirement systems; repeal; transfer assets..........................491,1166,1905 HB 752 --Insurers rehabilitation; claims distribution; conform priority to U. S. Code ......................................................No Action HB 753 --Motor vehicles; taxicab self-insurers; certain counties........................No Action HB 754 --Motor vehicle emission inspections; applicability to all counties ............................................................No Action HB 756 --Mechanics' and materialmen's liens; certain property of contractor; amend provisions.......................No Action HB 757 --Dating Service Act of 1997; enact ..........................................................No Action HB 758 --Counties and municipalities; garbage collection services; optional........................................................................623 HB 759 --Peace Officers' Annuity and Benefit; include certain children and youth services employees..............................................................48, 126, 463 HB 760 --Inmate accounts; deduction for damage; certain employee apparel................................................................No Action HB 761 --Georgia Commission on Women; amend provisions......................................1775 HB 762 --Antiterroristic training; certain communication; prohibit ..............................205 HB 763 --Trial jurors; examination in panels; repeal provisions........................No Action HB 765 --Richmond County; state court; add judge ............................................No Action HB 766 --Richmond County; certain officials; compensation...................2041, 2129, 2734 HB 767 --Richmond County; state court; solicitor-general..................................No Action HB 773 --State Commission on the Condemnation of Public Property; water quality manager ......................................No Action HB 779 --Judges of the Probate Courts Retirement; certain service; retire at 55.............................................................No Action HB 780 --Judges of the Probate Courts Retirement; amend provisions ...........................................................................48, 126, 402 HB 781 --Ad valorem tax exemption; public property; clarify ...........................No Action HB 782 --Income tax; certain retirement income exclusion; remove limitation...........................................................No Action HB 786 --Employees' Retirement; prior Georgia Housing and Finance Authority service; creditable service..............................................................................No Action HB 788 --Teachers and school personnel; contracts; criminal record checks.....................................................................No Action HB 789 --Cobb County; state court solicitor-general; compensation....................................................................................No Action HB 790 --Torts; certain resident physicians; immunity .......................................No Action HB 791 --Peace Officer Standards and Training Act; change certain definitions.......................................................No Action
HB 792 --Employee filing workers' compensation
claim; prohibit termination.............................................................No Action
HB 800 --Alcoholic beverages; furnishing to minors; penalties...........................No Action
HB 801 --Rape or aggravated sodomy; victims under age 12; penalties........................................................................264, 922

2970

INDEX

HB 802 --Effingham County; state court judge; salary........................................No Action HB 804 --Alimony or child support; certain motions
to enforce; part of underlying action ........................................................108 HB 808 --Municipal courts; jurisdiction; certain offenses ...................................No Action HB 809 --Criminal procedure; revocation of probation; confinement.......................,....188 HB 810 --Bonds and recognizances; fleeing of
principal to foreign country; surety not liable.............................No Action
HB 811 --Corrections, Department of; probationer or parolee in county jail; reimbursement .................................................188
HB 812 --Communications officers and dispatch centers; training in telecommunications devices for the deaf ...................................................................187, 531, 1219
HB 813 --Special license plates; Georgia Bowler's Association...........................No Action HB 814 --Housing Affordability Impact Note Act; enact....................................No Action
HB 815 --Absentee ballots; elderly and disabled; apply once yearly .............................................................................No Action
HB 816 --Elections; absentee ballots; amend provisions......................................No Action HB 817 --Elections; voting; amend provisions.......................................................No Action HB 818 --Elections; 1992 and 1996 primaries; delete
certain provisions.............................................................................No Action HB 819 --Elections; primaries; amend provisions .................................................No Action HB 820 --Judges, local school boards, certain
county officials; nonpartisan elections without primaries.................................................................................l27, 197 HB 821 --Elections; certain contested primaries, elections, and runoffs.......................................................................No Action
HB 822 --Elections; poll officers; appoint persons age 16 and over.................................................................................No Action
HB 823 --Elections; voter registration; precinct cards; voter lists................................................................................No Action
HB 824 --Elections; numbered list of voters; amend provisions.........................No Action
HB 825 --Employees' Retirement; certain prior county service; credit.......................................................................No Action
HB 826 --Special license plates; colleges or universities outside state.................................................................No Action
HB 827 --Dentistry; licensure; amend provisions..................................................No Action HB 828 --Child support; seizure of deposits;
suspension of certain licenses.........................................................No Action HB 831 --Home and telephone solicitation sales;
persons age 65 and over; cancellation period...............................No Action HB 832 --Motor vehicle insurance; certain discounts
for teenaged drivers; notification...................................................No Action HB 835 --Tires and scrap tires; amend provisions;
certain tax credit..............................................................................No Action
HB 836 --State-owned wildlife; certain damage; sovereign immunity; waiver............................................................No Action
HB 837 --Workers' Compensation Statistical Reporting and Experience Modification Factor Enforcement Act; enact...................................................................No Action
HB 839 --Special license plates; certain programs to benefit dogs and cats..................................................................No Action
HB 840 --Vandalism to a cemetery or memorial; define offense........................No Action
HB 842 --Bias Crimes Information and Documentation Act; enact ..................No Action
HB 843 --Ticket scalping; change effective date...................................................No Action
HB 844 --Borrow pits; not regulated as surface mines ..................................108, 160, 1091
HB 846 --Family violence battery; certain release or escape; victim notification .........................................................No Action

INDEX

2971

HB 847 --Driving under the influence; three or more convictions; permanent revocation of driver's license..............................................................................No Action
HB 848 --Vehicle weights and loads; permits for excess weight and dimensions; amend provisions.......................No Action
HB 851 --Ad valorem tax; certain municipal property outside corporate limits; remove tax exemption .....................................................................No Action
HB 852 --Revenue bonds; powers of eminent domain; amend provisions..............................................................................No Action
HB 853 --Private Real Property Rights Preservation Act; enact.......................No Action HB 858 --Insurance; title insurers; single risks
of $1 million and above...................................................................No Action HB 859 --Hospital authorities; nonparticipation
in certain program; prohibit state funds ......................................No Action HB 860 --Local option sales tax; educational
purposes; amend provisions............................................................No Action HB 862 --Countersignature requirements; exempt
insurers not using independent agents....................1116, 1341, 2123, 2687 HB 863 --Quality basic education; program weights; amend provisions .....................1392 HB 864 --Tobacco; furnishing to minors; amend provisions ...............................No Action HB 865 --Group-care facilities; placement of
certain children; prohibitions.........................................................No Action HB 867 --Counties and municipalities; certain
proposed lake property; disposition ..............................................No Action HB 868 --Peace officers; administrative
investigators; provisions..................................................................No Action HB 870 --Special license plates; colleges or
universities; amend provisions .......................................................No Action HB 871 --Elections; photographic identification
required when voting.......................................................................No Action HB 872 --Public employees; termination without
cause; 90 days' notice required ......................................................No Action HB 873 --Ethics in government; state elected
executive officers; prohibit certain mass mailings..........................491, 655 HB 874 --Ethics in government; lobbyists and
General Assembly; prohibitions .....................................................No Action HB 875 --Motor vehicle self-insurers; repeal provisions; reenact.......................No Action HB 876 --Midway, City of; corporate limits...........................................................No Action HB 880 --Driving under the influence; endangering
a child; report certain convictions to Department of Family and Children Services........................No Action HB 881 --Deer and motor vehicle collisions; certain counties; open bowhunting season ...................................No Action HB 884 --Mortgage lenders and brokers and check cashers; denial or revocation of license; failure to pay education loans.....................................961, 1100, 2041, 2425 HB 885 --Employees' Retirement; certain broadcasting service; creditable service.............................................................48, 126, 403 HB 886 --Employees' Retirement; compensation for
calculating benefits; remove limitation ..................................108, 166, 1886 HB 887 --Special county 1 % sales tax; not applicable
to sale or use of certain motor vehicles........................................No Action HB 890 --Elections; voter lists; corrections
through postal information.............................................................No Action
HB 891 --Supreme Court; judicial districts; provisions........................................No Action
HB 893 --Shrimp and cast nets; limitations ..........................................................No Action

2972

INDEX

HB 894 --County codes; applicability to electric power facilities..................................................................................No Action
HB 895 --Erosion and sedimentation; certain local assistance road projects; Department of Transportation address...............................................................No Action
HB 896 --Firearms; carrying without license; certain correctional employees.......................................................No Action
HB 897 --Real estate appraisers; redefine; property tax consultant; define......................................................No Action
HB 898 --Electronic Filing Act of 1997; enact.......................................................No Action HB 905 --Private detectives; licenses; qualifications ............................................No Action HB 907 --Motor vehicles; license plates; certain
transparent covers............................................................................No Action HB 908 --Alcoholic beverages; purchasing for or
by persons under age 21; increased penalties............................................................................!44, 276, 2102,2467 HB 910 --Court records and county documents; storage within state; provisions......................................................No Action HB 911 --Water well standards; amend provisions...............................................No Action HB 913 --Property; certain lenders; prohibit requiring mortgage insurance.........................................................No Action HB 921 --Irwin County; board of commissioners; chairperson ...........................No Action HB 923 --Special license plates; World War II Eighth Air Force veterans...............................................................No Action HB 924 --Probate court judges; salary supplements.............................................No Action HB 926 --Eminent domain; pipeline companies; tree cutting.............................No Action HB 930 --Map and plat recordation; Chattahoochee River stream corridor designation.................................................No Action HB 932 --Medical Examiners, Composite State Board of; function as state agency ...........................1325, 1551, 2102, 2356 HB 934 --Lottery retailers; compensation..............................................................No Action HB 936 --Employees' Retirement; age 60 or more at time of employment .................................................................48, 127, 552 HB 937 --Employees' Retirement; district attorneys' employees; membership .............................................48, 140, 403 HB 939 --Lottery proceeds; grants; certain Department of Children and Youth Services schools.......................................No Action HB 940 --State government; doing business with certain financial institutions; prohibit..........................................No Action HB 941 --Pine straw; sales to dealers; business license or tax number......................................................................No Action HB 942 --Elections; recall petitions; amend provisions ..........................................127,168,
2212, 2364, 2735 HB 943 --Regents Retirement; members ineligible
for certain Teachers Retirement benefits..................................48,137, 552 HB 944 --Employees' Retirement; credit for certain
prior service ....................................................................................48, 138, 403 HB 945 --Certificate of need; exempt certain nursing facilities .........................No Action HB 946 --Merit system; certain officers and
employees; Selective Service registration.............................290, 1375, 2278 HB 947 --Teachers Retirement; certain permanent
disability; disability benefit............................................................No Action
HB 949 --Municipal courts; certain cases;
authorize trial and disposition .......................................................No Action
HB 950 --Stone Mountain Memorial Association;
capital improvement fund; create..................................................No Action
HB 951 --Homestead exemption; certain permanently

INDEX

2973

disabled veterans..............................................................................No Action HB 952 --Workers' compensation; certain premium
increases; independent right of action..........................................No Action HB 953 --Law enforcement officers; certain arrest
entry; require search warrant.........................................................No Action HB 954 --University System; law schools; allow
recruiting by Department of Law or armed forces.....................No Action HB 955 --Bogart, Town of; new charter .................................................................No Action HB 957 --Child molestation offenses; touching and
not touching child ..............................................................................421, 1060 HB 959 --Special county 1 % sales tax; imposition
date; amend provisions....................................................................No Action HB 962 --Personal injury victims; unsolicited
contact by attorneys; prohibit........................................................No Action HB 964 --Driving under the influence; chemical
tests; amend provisions ...................................................................No Action HB 970 --Mentally retarded persons; disability
services; guidelines for waiting lists ..............................................No Action HB 971 --Grandparent's visitation; amend provisions .........................................No Action HB 972 --Sales tax; foods and beverages exempted;
dealers post certain signs................................................................No Action HB 974 --Irwin County; board of commissioners;
chairperson's salary..........................................................................No Action HB 976 --Hancock County; board of elections and
registration; create...........................................................................No Action HB 977 --Elections; members of Congress;
multiple-member districts...............................................................No Action HB 978 --Torts; automobile air bags; failure
to deploy; liability.........................................................490, 1205, 2123, 2461 HB 979 --Service cancelable educational loans;
Georgia National Guard..................................................................No Action HB 981 --Magistrates; judicial assistance; certain
counties; qualifications....................................................................No Action HB 982 --Catoosa County; board of elections and
registration; chairperson..................................................................No Action HB 984 --Barrow County; homestead exemption; certain residents ..................No Action HB 985 --Barrow County; homestead exemption; certain residents ..............................196 HB 987 --Supplemental appropriations; FY 1996-97;
amend provisions..............................................................................No Action HB 988 --Quality basic education; local fair share
funds; calculation.............................................................................No Action HB 991 --Length of vehicles and loads; tandem
trailers; warning signs......................................................................No Action HB 992 --Administrative procedure; promulgation
of rules; amend provisions..............................................................No Action HB 993 --Legal representation; corporations and
limited liability companies; prohibitions; exception............................................................................................No Action HB 995 --Legitimacy of child; paternity established; parental power..................................................................................No Action HB 996 --High schools; certain sporting events; prohibit charge for broadcasting....................................................No Action
HB 997 --Teachers Retirement; service in certain
overseas schools; creditable service ...............................................No Action
HB 999 --Atlanta, City of; council meetings; public input..................................No Action
HB 1000 --Atlanta, City of; city council; amend provisions..................................No Action
HB 1004 --Chatham County; superior court clerk;

2974

INDEX

nonpartisan election.........................................................................No Action HB 1006 --Natural resources; off-road vehicles; regulate ......................................No Action HB 1007 --Infectious and communicable diseases;
certain harm reduction programs; authorize studies by Department of Human Resources.......................1122 HB 1010 --Pooler, City of; corporate limits .............................................................No Action HB 1015 --Highways; railroad crossings; failure to permit safe passage of traffic ..............................................................1250 HB 1017 --Madison County; board of commissioners; repeal mandatory retirement......................................................................793 HB 1031 --Savannah, City of; city manager; amend provisions........................................120 HB 1032 --Chatham County; recorder's court; director's supervision..............................120 HB 1033 --District Attorneys' Retirement; amend provisions ..............................No Action HB 1039 --Tallulah Falls, Town of; municipal court jurisdiction ........................No Action HB 1041 --Teachers Retirement; visiting scholars; creditable service..............................................................................No Action HB 1042 --Employees' Retirement; continued membership; community service boards....................................,..........................No Action HB 1043 --Employees' Retirement; service in certain tax office; creditable service ...........................................................No Action
HB 1047 --Zoning; newly annexed property; review and comment period........................................................................No Action
HB 1049 --Dental practice; license; qualifications ..................................................No Action HB 1050 --Adverse underwriting decision; supporting information.....................No Action HB 1054 --Teachers Retirement; certain private
school service; creditable service....................................................No Action HB 1055 --Employees' Retirement; certain temporary
full-time service; creditable service ...............................................No Action HB 1056 --Insurance identification cards; certain health care policies .........................1393 HB 1057 --Communications Fraud Act of 1997; enact...........................................No Action HB 1058 --Financial institutions; multiparty accounts;
rights of survivorship.......................................................................No Action HB 1059 --Home schooled children; HOPE scholarship; qualifications..............No Action HB 1061 --Jasper County; sheriffs office; amend provisions................................No Action HB 1065 --Education; rape avoidance course; establish.........................................No Action
HB 1066 --Teachers Retirement; certain part-time service; creditable service................................................................No Action
HB 1067 --Special license plates; "Support Adoption"..........................................No Action HB 1069 --Superior Court Judges Retirement; senior judges; salary ..................No Action HB 1070 --Class M drivers' licenses; motorcycle
safety training; headgear; amend provisions............................................183
HB 1071 --Firemen's Pension Fund; certain prior service; creditable service .................................................................760, 1072
HB 1072 --Education; preenrollment of 2-year-olds; immunizations...................No Action
HB 1073 --Zoning and building inspections; nonelected city and county employees; prohibit certain action....................No Action
HB 1074 --Criminal damage to property in the second degree; include graffiti........................................................No Action
HB 1075 --Employee filing workers' compensation claim; certain termination notice...................................................No Action
HB 1076 --Motor vehicles; ad valorem tax; amend provisions..............................No Action HB 1077 --Dentistry, Board of; additional member ...............................................No Action
HB 1078 --Cable television; failure to scramble
premium channels; penalty.............................................................No Action
HB 1079 --Cordless radio telephones; certain transmissions; prohibit interception..............................................No Action
HB 1080 --Real property; restrictive covenants; renewal.......................................No Action

INDEX

2975

HB 1081 --Teachers Retirement; death of designated recipient......................48, 242, 1127 HB 1082 --Public School Employees Retirement;
spousal benefits for previously unmarried retirees ...................................................................491, 1049, 1905 HB 1083 --Public School Employees Retirement; amend provisions...................No Action HB 1084 --Ad valorem tax; certain historical fraternal benefit associations; exemption.....................................No Action HB 1085 --Public School Employees Retirement; 30 years of service.................No Action HB 1086 --Osteoporosis; insurance coverage; patient education......................................................629, 974, 2040, 2191, 2483, 2550 HB 1087 --Trout fishing and waters; amend provisions .......................172, 408, 1045, 1680 HB 1088 --Employees' Retirement; certain court secretaries; creditable service ..........................................41, 789, 1334, 2278 HB 1089 --DeKalb County; department directors and heads; amend provisions ............41 HB 1090 --Juries; peremptory challenges; panel size; amend provisions ..........................41 HB 1091 --Telecommunication systems; certain fees; authorize.........................................41 HB 1092 --Trial Judges and Solicitors Retirement; certain prior membership; creditable service.............................................41 HB 1093 --General Assembly; membership and apportionment; House of Representatives; election .................................41 HB 1094 --MARTA; contracts; amend provisions..................................41, 1081, 1230, 1721 HB 1095 --Local governments; collection of certain taxes; special districts....................................................................................41 HB 1096 --Survivor's benefits; secondary beneficiary...............................41, 256, 438, 1260 HB 1097 --Juvenile courts; certain children age 13 to 17; jurisdiction..............................41 HB 1098 --Blasting; utility facility; redefine...............................................41, 391, 476, 1045 HB 1099 --Teachers Retirement; allowance; increase by same percentage as teachers' salary.......................................................41 HB 1100 --Youth Camp Act; enact..........................................................................................41 HB 1101 --Health Care Authorities Law; enact....................................................41, 629, 925 HB 1102 --Persons doing business in state; prohibit discrimination.................................41 HB 1103 --Employees' Retirement; certain full-time temporary service; creditable service ...........................41, 1081, 1336, 2037 HB 1104 --Certain contractors; certain violations; cease and desist orders ..................................................................................41 HB 1105 --Sales tax exemption; blood glucose level measuring strips ..............................41 HB 1106 --Insurance State of Entry Act of 1998; enact ......................................................41 HB 1107 --Pawnbrokers; registration ......................................................................................41 HB 1108 --Domestic insurers; certain investments; amend provisions..............................41 HB 1109 --Chiropractors; redefine chiropractic.....................................................................41 HB 1110 --General Assembly; lodging paid by lobbyists; prohibit......................................41 HB 1111 --County boards of commissioners; reapportioning procedure...........................41 HB 1112 --Child custody; ex parte orders; conditions for issuance ...................................41 HB 1113 --Health; septic systems; placement by counties ..................................................41 HB 1114 --Wells; county instructions for placement............................................................41 HB 1115 --Health; patient's records; personal representative obtain..........................64, 98 HB 1116 --Income tax; health insurance deduction; self-employed.........................................................lll, 134, 1116, 1332, 1905 HB 1117 --Fraud; taking identity of another; prohibitions; penalties.....................................................................64, 98, 421 HB 1118 --Food sales; bagging stations; finger-wetting device to aid in separation of bags ..........................................Prefiled Only
HB 1119 --Schools; required courses; include black history............................Prefiled Only
HB 1120 --Health insurance; gynecological exam
for ovarian cancer; require coverage...........................................86, 119, 992
HB 1121 --Revenue Code; conform to federal code........................................................33, 47
HB 1122 --Income tax; capital gains credit ...................................................................86, 119

2976

INDEX

HB 1123 --Religious freedom; protection against governmental intrusion.........................................................................86, 119
HB 1124 --Tangible personal property; inventory exemption; hearings.............................................................................Ill, 134
HB 1125 --Ad valorem tax; property appraisal; require generally acceptable accounting principles...........................................................................Ill, 134
HB 1126 --Georgia Golf Hall of Fame Authority; create................................................................86, 119, 962, 1051, 2041, 2318
HB 1127 --Ad valorem tax; exempt livestock..................................................................33, 47
HB 1128 --Transportation, Department of; enforcement officers; powers............................................................................Prefiled Only
HB 1129 --Special election to present question; time for holding ...............................64, 98 HB 1130 --Telecommunications Marketing Act of 1998;
enact...............................................................Ill, 134, 961, 1276, 1806, 2009 HB 1131 --Mental health;certain services; repeal
automatic repealer............................................................45, 73, 83, 160, 431 HB 1132 --Organ banks and procurement facilities; sales tax exemption ..................33, 47 HB 1133 --School curriculum; evolution; present
supporting and nonsupporting theories ..................................Prefiled Only HB 1134 --Workers' compensation; insurance premium
discount; increase for drug-free workplace ........................................87, 119 HB 1135 --Quality basic education; midterm adjustments;
training and experience...........................................................................64, 98 HB 1136 --Bail recovery agents; licensing and regulation...................................45, 73, 1394 HB 1137 --Ad valorem tax; exempt passenger motor vehicles......................................33, 47 HB 1138 --Covenant Marriage Act; enact......................................................................87, 119
HB 1139 --Candidates; mandatory drug testing; commission of certain drug related offenses ..........................Prefiled Only
HB 1140 --Unemployment insurance; unemployment compensation; workers' compensation insurance..............................................................65, 98, 623, 797, 1723, 2007
HB 1141 --Driver's license and driving permit; amend provisions ..............................65, 98
HB 1142 --Employee job performance; disclosure of certain information; employee immunity ........................................33, 47
HB 1143 --Charitable organizations soliciting contributions; audits; registration ..............................34, 47, 283, 818, 2118
HB 1144 --Security instruments; cancellation upon payment of debt..................................................34, 47, 549, 891, 1806, 2014
HB 1145 --Ad valorem tax; motor vehicles; exempt former prisoners of war.............................................................34, 47, 283, 508, 1002
HB 1146 --Income tax credits; tier 1, 2, and 3 counties; certain facilities; increase carry forward period ................................................................34, 47
HB 1147 --Tax credits; certain businesses in less developed counties; extend certain tax exemption.............................34, 47
HB 1148 --Clarke County; board of education; election...........................34, 47, 73, 73, 108 ,HB 1149 --Driver's license; certain revocations;
persons 18 or older; limited driving permit.........................................35, 47
HB 1150 --Driver's license; certain revocations; persons 18 or older; limited driving permit.........................................35, 47
HB 1151 --Motor vehicles; gasoline purchase; penalties for nonpayment ..................35, 47
HB 1152 --Schools; driver education course; establish curriculum; driver's license requirement..............................................35, 47
HB 1153 --Driver's license; certain information; disclose to members of General Assembly...........................................35, 47
HB 1154 --Land surveyors; action to recover damages;

INDEX

2977

prohibit after six years...................................................35, 47, 182, 407, 903 HB 1155 --Special license plates and decals;
promoting the arts in Georgia................................................................36, 47 HB 1156 --Hospitals; denial of staff privileges;
exclude certain doctors ................................................36, 47, 182, 440, 1219 HB 1157 --Trespass; damage to realty; right of
action; tolling of limitations ................................................36, 47, 789, 1155 HB 1158 --Certain physicians and nurse anesthetists;
administration of conscious sedation; provisions .......................................................................36, 47, 182, 481, 1002 HB 1159 --Uninsured motor vehicle; certain actions; carrier participating as defendant.........................................................36, 47 HB 1160 --Municipalities, counties, and local authorities; utilities; contracts specifying rates and fees....................................36, 47, 623, 920, 1906, 2353 HB 1161 --Income tax credit; low-emission vehicles or conversion of conventionally fueled vehicles.......................................................37, 47, 62, 1504, 2102, 2162, 2284 HB 1162 --Income tax; exemptions; deductions; withholding allowances ......................................................37, 47, 62, 78, 171 HB 1163 --Waste-water treatment facilities; privatization; provisions ....................................37, 47, 400, 477, 2040, 2309 HB 1164 --Serious violent felony conviction; deny first offender treatment ...............................................37, 47, 108, 238, 2278 HB 1165 --Crime victims; restitution; require by certain offenders .............................................................37, 47, 108, 161, 763 HB 1166 --Supplemental appropriations; FY 1997-98; Year 2000 computer compliance...................................38, 47, 255, 388, 731 HB 1167 --Supplemental appropriations; FY 1997-98..........................................38, 47, 255,
296, 647, 659, 731, 732, 752, 826, 904 HB 1168 --Carroll County; sales tax for education
purposes; distribution.........................................................38, 47, 73, 73, 120 HB 1169 --Safety belts; failure to wear; taxing of
prosecution costs; certain additional fees; prohibit..................................................................38, 47, 172, 251, 2118 HB 1170 --Sales to minors; certain sound recordings; prohibition; penalties.......................................38, 47, 264, 1589, 1613, 1637 HB 1171 --Food; safe handling; Department of Human Resources establish course of instruction ..............................38, 47 HB 1172 --Landlord and tenant; certain affidavits; certain payments; writ of possession; amend provisions.....................................................................................39, 47 HB 1173 --"Bill of Rights Day"; designate ......................................................................39, 47 HB 1174 --Homestead exemption; person absent for health reasons; continue to receive.............................................................................39, 47, 283, 503, 1261 HB 1175 --Motor fuel excise tax; agricultural field use vehicle; refunds; licensing and fees; certain exemption ................................................39, 47, 283, 505, 1220 HB 1176 --Driving under the influence; homicide by vehicle; impose life imprisonment or death.........................39, 47, 1124 HB 1177 --Elections; registration of homeless voters; provide.............................39, 47, 127
HB 1178 --Ad valorem tax; penalties and interest;
freeport and personal property inventory; exemption eligibility....................................................39, 47, 283,
805, 1330, 2010, 2734
HB 1179 --State plan of medical assistance;

2978

INDEX

modification or waivers; requirement ..............................40, 47, 1122, 1579 HB 1180 --Alcoholic beverages and alcoholism;
hard cider; define............................................................40, 47, 144, 198, 552 HB 1181 --Meriwether County; board of education;
per diem ...............................................................................45, 73, 98, 98, 185 HB 1182 --Inlets, harbors, and rivers; beach-quality
sand; regulate maintenance ....................................................................45, 73 HB 1183 --Education; certain attorneys' fees;
reimbursement; certain teachers; salary; paid leave ................................................45, 73, 542, 953, 2123, 2349 HB 1184 --Quality basic education; certain foreign language instruction; funding ......................................................46, 73, 1121 HB 1185 --J. William Fulbright Educational Exchange Program; participation; provisions.............................46, 73, 172, 806, 1805 HB 1186 --Superior courts; appeals from magistrate court; placement on calendar; bench trial....................................................................46, 73, 893, 1070, 2278 HB 1187 --Fleeing or attempting to elude police officer; designate felony; penalties ................................................46, 73, 205 HB 1188 --Boards of equalization; certain appeals; burden of proof ..........................46, 73 HB 1189 --Ad valorem tax; real property; agricultural use, conservation use, and residential transitional property; assessment...........................,.....................46, 73, 283,
418, 795, 1008 HB 1190 --Motor vehicles; registration periods; certain counties ................................47, 73 HB 1191 --Elections; felons vote 30 days after release ..................................................47, 73 HB 1192 --Code of Georgia; define "dependent"............................................................65, 98 HB 1193 --Municipalities; employee benefits; define "dependent" .............................65, 98 HB 1194 --Students; in-school suspension; parental notification.................................65, 98 HB 1195 --Foresters; code of ethics; State Board
authorize adoption ........................................................65, 98, 391, 910, 1805 HB 1196 --Process servers; eligibility; appointment by certain court.........................66, 98 HB 1197 --Court documents; grounds for refusal;
exclude font size or type.........................................................................66, 98 HB 1198 --Driver's license; limited driving permits;
certain offenses.........................................................................................66, 98 HB 1199 --Georgia Municipal Courts Training
Council; membership; appointment ...........................66, 98, 144, 434, 1127 HB 1200 --Magistrate courts; magistrates; training;
certification....................................................................66, 98, 182, 802, 1261 HB 1201 --Certain works of art; Board of Regents;
authorize sale or transfer .............................................66, 98, 205, 473, 1002 HB 1202 --County and municipal offices; qualifying fees............................67, 98, 543, 991,
2144, 2288, 2379, 2432, 2492, 2496, 2737 HB 1203 --Radar; speeding in school zone; admissibility..............................................67, 98 HB 1204 --Sadie Act; enact........................................................................................67, 98, 205 HB 1205 --Real property; instruments to convey;
require legible name........................................................................67, 98, 204 HB 1206 --Municipal courts; certain shoplifting cases;
disposal ...........................................................................67, 98, 156, 471, 1722 HB 1207 --Candidates; contributing to own campaign; limitations.............................67, 98 HB 1208 --Property; processioning; apply in
incorporated municipalities...........,................................................68, 98, 204
HB 1209 --Adulterated or misbranded food; penalties;
detention or embargo notices ...........................68, 98, 144, 252, 1221, 1675
HB 1210 --School curriculum; human origin theories; scientific evidence ....................................................................................68, 98

INDEX

2979

HB 1211 --Agricultural dealers, grain dealers, warehousemen; breach of bond; hearings; actions; complaints ......................................68, 98, 144, 253, 1220
HB 1212 --Structural Pest Control Commission; membership; include Commissioner of Agriculture or designee ................................................68, 98, 144, 253, 1002
HB 1213 --Juvenile records; crimes after age of majority; permanently unseal.................................................................68, 98
HB 1214 --Liens in favor of funeral directors; provide.........................69, 98, 421, 436, 508 HB 1215 --Driver's license; certain suspensions; terminate
upon guilty plea .......................................................................................69, 98 HB 1216 --Municipal probation officers; training
and certification ..........................................................69, 98, 211, 1066, 1805 HB 1217 --Ad valorem tax returns; notice of changes;
required information ...............................................................................69, 98 HB 1218 --Income tax; gradual reduction; abolish 1/1/2009;
repeal or conform related provisions ....................................................69, 98 HB 1219 --MARTA; certain reserve funds; authorize
investments ....................................................................69, 98, 491, 735, 1220 HB 1220 --Professional Standards Commission;
certain certificated personnel; salary schedules .....................................................................70, 98, 542, 1234 HB 1221 --General Assembly; campaign contributions; use for training expenses ........................................................................70, 98 HB 1222 --Hospital authorities; certain certified audits; remove requirement...........................................70, 98, 144, 249, 636 HB 1223 --Driver's license; require driver education course; public schools offer ..................................................70, 98 HB 1224 --Family violence in the presence of a minor; define ..........................70, 98, 1385 HB 1225 --General Assembly Training Institute; create; Ethics and Efficiency in Government Act; enact ............................................70, 98, 1255, 1607, 2118 HB 1226 --Pre-1998 Probate Code; designate; Revised Probate Code of 1998; designate and amend .............................71, 98, 256,
565, 1907, 2290, 2734 HB 1227 --Retirement and Pensions; corrections ..................................71, 84, 98, 574, 1906 HB 1228 --Code of Georgia; corrections......................................71, 98, 256, 575, 1129, 2494 HB 1229 --Elections; corrections ..............................................................71, 84, 98, 587, 1127 HB 1230 --Campaign contributions; disclosure reports; filing date .............................71, 98 HB 1231 --Stone Mountain Memorial Association; appointment of members ..........71, 98 HB 1232 --Stone Mountain Memorial Association; certain
tax proceeds; amend provisions .............................................................72, 98 HB 1233 --Sheriffs; service fees.................................................................................72, 98, 544 HB 1234 --Trade practices; vending machines; regulation............................................72, 98 HB 1235 --Medical assistance; hospital inpatient
services; reimbursement..........................................................................72, 98 HB 1236 --Bogart, Town of; new charter..............................................87, 119, 183, 183, 401 HB 1237 --Death penalty; electrocution; lethal intravenous infusion........................87, 119 HB 1238 --State courts; certain cities; appointment
of judges pro hac vice.................................................87, 119, 498, 499, 2278 HB 1239 --Pedestrians; right of way in crosswalk; motorist penalty.........................87, 119 HB 1240 --Motor vehicle insurance; provide certain
recovery; prohibit certain setoffs........................................87, 119, 549, 919
HB 1241 --Motor vehicles; certain fuel additives; prohibit operation .......................88, 119
HB 1242 --Boll weevil eradication; assessments on
cotton; first buyer .....................................................88, 119, 263, 1051, 1722
HB 1243 --Assault and battery against a sports

2980

INDEX

official; penalties............................................................................88, 119, 659 HB 1244 --Criminal trespass and damage to property;
burial of debris on construction site; prohibit..........................................................................................88, 119, 1086 HB 1245 --Transportation, State Board of; public hearings; requirement............................................................................88, 119 HB 1246 --Firearms; discharge within 300 feet of dwelling; prohibition; exception...........................................................88, 119 HB 1247 --Ad valorem tax; property valuation; interest; motor vehicle evaluation.......................................................89, 119 HB 1248 --Schools; additional instructional time; use for weather closings ........................................................................89, 119 HB 1249 --Workers' compensation; "injury" or "personal injury"; change definition...................................................89, 119 HB 1250 --General appropriations; FY 1998-99............................89, 119, 1392, 1420, 1950,
1950, 2022, 2022, 2024, 2380, 2737 HB 1251 --Archives and History, Department of; branch
depository; Secretary of State establish by contract .....................................................................89, 119, 624 HB 1252 --Controlled substances; dangerous drugs; penalties.............................................................89, 119, 144, 433, 1806, 1994 HB 1253 --Georgia State Nutrition Assistance Program (SNAP); enact..........................................................90, 119, 788, 1156, 1807,
2011, 2379, 2424, 2493, 2700, 2737 HB 1254 --Transmitted of information on convicted
persons; sentence packages; number......................90, 119, 624, 1005, 1722 HB 1255 --Schools; loitering on premises; prohibit; penalty ............................90, 119, 1121 HB 1256 --Jury duty; exempt caregiver to child under six.........................................90, 119 HB 1257 --Schools; sex education; legal consequences of parenthood ......................90, 119 HB 1258 --Hazardous waste; violations; allow
Environmental Protection Division to settle.....................................90, 119 HB 1259 --Annexation; electors required; increase to 70% ........................................91, 119 HB 1260 --Motor vehicle insurance; prepayment;
driver's license suspension....................................................................91, 119 HB 1261 --Eminent domain; exercising outside
territorial boundaries; prohibit ............................................................91, 119 HB 1262 --Annexation; 60% method; unincorporated
islands; amend provisions .....................................................................91, 119 HB 1263 --Real estate appraisers, brokers, and
salespersons; amend provisions ......................91, 119, 186, 432, 1221, 1746 HB 1264 --Deposit account fraud; recovery; include certain fees ..............................91, 119 HB 1265 --Water resources; animal feeding operations; regulate...............................92, 119 HB 1266 --Disaster Volunteer Leave Act; enact ................................92, 119, 211, 738, 1127 HB 1267 --Tuition equalization grants; Bible schools
or colleges of theology or divinity; remove exclusion............................................................................92, 119, 169 HB 1268 --Elections; optical scanning voting equipment; regulate..............................................................92, 119, 290, 482, 1330, 1691,
2124, 2157, 2228, 2581, 2737 HB 1269 --Torts; health benefits plan; administrator
exercise ordinary diligence ...................................................................92, 119 HB 1270 --Fire departments; minimum requirements;
rules and regulations ..................................................92, 119, 187, 441, 1090
HB 1271 --Persons supervising children; criminal
records checks ..............................................................................93, 119, 1385
HB 1272 --State capitol; designate smoke-free building ...................................93, 119, 1255
HB 1273 --Retired public school employees; health

INDEX

2981

insurance coverage....................................................93, 119, 542, 1516, 2037 HB 1274 --Real estate transactions; disclosure
requirements; exceptions...............................93, 119, 490, 1203, 2198, 2538 HB 1275 --Insurers; domestic abuse victims; prohibit
discrimination.................................................................................93, 119, 543 HB 1276 --Specimen collection stations; list of fees; post notice...............................93, 119 HB 1277 --Basic Bathroom Standards Act of 1998; enact ..........................................94, 119 HB 1278 --Tifton, City of; annexation referendum.............................94, 119, 135, 136, 429 HB 1279 --Tifton, City of; council terms and districts...............................................94, 119,
135, 136, 429 HB 1280 --"Home Education Week"; declare first week in February.......................94, 119 HB 1281 --Special license plates; "Choose Life" ..........................................................94, 119 HB 1282 --Inlets, harbors, and rivers; beach-quality
sand; regulate maintenance ..................................................................94, 119 HB 1283 --Disclosure; motor vehicle accident reports .................................................94, 119 HB 1284 --Ethics in government; certain violations; penalties...................................95, 119 HB 1285 --Asset forfeiture; proceeds; certain drug
rehabilitation programs.........................................................................95, 119 HB 1286 --Controlled substances; sale or
distribution to minor; sentencing; amend provisions ...........................................................................95, 119, 962 HB 1287 --Alcoholic beverages and alcoholism; certain offenses; change penalties .......................................................95, 119 HB 1288 --Juvenile proceedings; deprivation cases; appointment of counsel or special advocate........................................................................95, 119, 182, 587, 1045 HB 1289 --Public Service Commission; regulate transportation; certain radioactive material..............................95, 119, 195 HB 1290 --Juvenile proceedings; amend provisions ............................................96, 119, 182,
649, 1129, 1672 HB 1291 --Juveniles; felony or delinquent act; release name.............................96, 119, 182 HB 1292 --Property; values established by appeal; five-year period.........................96, 119 HB 1293 --Juvenile proceedings; transfer to child's
county of residence; provisions....................................................96, 119, 182 HB 1294 --Coin operated amusement machines; amend
provisions.................................................H2, 134, 159, 186, 433, 1261, 1741 HB 1295 --Soil and water conservation; supervisors;
audits; summary financial data ..............................112, 134, 187, 529, 1220 HB 1296 --Georgia Medical Board; create; medical
practice; revise laws .............................................................................112, 134 HB 1297 --Public records; refusal to allow access; penalty .......................................112, 134 HB 1298 --Cobb County; board of education; vacancies ..........................................112, 134,
156, 156, 291, 292
HB 1299 --Driver training courses; secondary schools; applicability of certain law............................H2, 134, 183, 437, 1329, 1745
HB 1300 --House of Representatives; reapportion districts 84 and 87...................113, 134 HB 1301 --Soil conservation; promotion and education;
authorize expenditure...............................................H3, 134, 187, 530, 1220 HB 1302 --Marriage; rights of parties and children;
certain actions of churches.................................................................113, 134 HB 1303 --Corporations; certain contracts with state; ineligibility .........................113, 134 HB 1304 --Outdoor advertising; signs near certain
public facilities or interstate highways;
restrictions; exception....................................! 13, 134, 291, 748, 2171, 2354
HB 1305 --Motor vehicle emissions; mileage-based payment system; provide ....................................................................113, 134
HB 1306 --Trial upon accusation; certain offenses..........................H4, 134, 205, 527, 1090

2982

INDEX

HB 1307 --Child support recovery; certain employer reports.........,...............................................................114, 134, 144, 250, 1003
HB 1308 --Alimony and child support; family support registry; provisions...............................................................................114, 134
HB 1309 --Catoosa County; homestead exemption; certain residents....................................................H4, 134, 1895, 1896, 2727
HB 1310 --Catoosa County; homestead exemption; certain residents....................................................l!4, 134, 1895, 1897, 2727
HB 1311 --Local government; certain projects; prepare ten-year cost estimation.......................................................114, 134
HB 1312 --Ad valorem tax; homestead exemption; senior citizens..........................115, 134 HB 1313 --Ad valorem tax; state levy; repeal certain provisions .............................115, 134 HB 1314 --Ad valorem tax; homestead exemption; certain
senior citizens.......................................................................................115, 134 HB 1315 --Commercial fishing license; commercial
food shrimp cast netting license ......................................115, 134, 172, 277, 1403, 1681, 1886, 2009, 2125, 2560, 2737
HB 1316 --Certain dismissed civil cases; recommence in federal court .............................................115, 134, 134, 1116, 1625, 2118
HB 1317 --Grand jury; allow counsel of accused to be present during indictment....................................................116, 134, 962
HB 1318 --Wills; loss of; presumption of revocation..................................................116, 134 HB 1319 --Hospitals; certain drugs; require availability ...........................................116, 134 HB 1320 --House of Representatives; reapportion
districts 172, 173, and 174..................................................................116, 134 HB 1321 --State government; certain performance audits
and reports; provisions........................................................................116, 134 HB 1322 --Ad valorem tax; publication of rates;
include certain information................................................................116, 134 HB 1323 --Georgia Indigent Defense Council; use of
private funds..............................................................H7, 134, 204, 982, 1722 HB 1324 --Ad valorem tax; certain heavy-duty vehicles;
provisions ...................................................................117, 134, 283, 910, 1722 HB 1325 --Veterans; job training and employment
assistance; preference..................................................................117, 134, 255 HB 1326 --Health maintenance organizations; allow
marketing to Medicaid recipients......................................................117, 134 HB 1327 --Workers' compensation; amend provisions;
Self-Insurers Guaranty Trust Fund.........................................ll7, 134, 998, 1235, 2059, 2485
HB 1328 --Sentencing for certain murders; death or life without parole................................................................................H7,134
HB 1329 --Spontaneous abortion contraceptives; certain state agencies; prohibit distribution....................................118, 134
HB 1330 --Local government; certain projects; prepare cost estimation.......................................................................129, 155
HB 1331 --Pet dealers; foster homes; grooming facilities; amend provisions.................................................................................129, 155
HB 1332 --Physician's assistants; certain prescriptions; register with drug enforcement administration...............................................................129, 155
HB 1333 --Businesses; fictitious or assumed name;
prohibit certain use.....................................................................129, 155, 961
HB 1334 --Oconee County; homestead exemption;
certain residents..........................................................130, 155, 183, 183, 401
HB 1335 --Oconee County; board of commissioners;
amend provisions................................................130, 155, 183, 184, 403, 906

INDEX

2983

HB 1336 --Oconee County; homestead exemption; certain residents..........................................................130, 155, 183, 184, 401
HB 1337 --Building permits; content; display .................................130, 155, 391, 747, 1091, 1689, 1734, 2016, 2125, 2684, 2737
HB 1338 --Oconee County; board of elections; members; terms...........................................................!30, 155, 183, 184, 401
HB 1339 --Health records; rights of unemancipated minors ....................................130, 155 HB 1340 --Motor oil; retail establishment selling;
post certain information .....................................................................130, 155 HB 1341 --Criminal trespass; certain property; no offense...............................!31, 155, 790 HB 1342 --Ad valorem tax; property values; additional
considerations.......................................................................................131, 155 HB 1343 --Green treefrog; designate as official
state amphibian ...........................................................................131, 155, 255 HB 1344 --Sales and use tax; exempt Boy Scout popcorn........................................131, 155 HB 1345 --State Use Council; required procurement;
exempt certain interpreters................................................................131,155 HB 1346 --Seat belts; injury to unrestrained child; penalty.............................!31, 155, 283 HB 1347 --Aircraft used for agricultural purposes;
sales tax exemption .............................................................................132,155 HB 1348 --Grass sod; sales tax exemption...................................................................132, 155 HB 1349 --Retail installment contracts; refund credit..............................................!32, 155,
255, 417, 763 HB 1350 --Certain agricultural products and livestock;
ad valorem tax exemption.............................!32, 155, 421, 638, 1723, 1990 HB 1351 --Finfish; possession, creel, and size
limits; seasons............................................................!32, 155, 186, 441, 1220 HB 1352 --Game and fish; amend provisions............................................132, 155, 172, 442,
1806, 1993, 2124, 2193, 2228, 2659, 2737 HB 1353 --Business expansions; allocation and
apportionment of income...........................................l47, 181, 283, 406, 765 HB 1354 --Financial institutions; extensive revision of provisions .........................147, 181,
255, 467, 1129, 1753 HB 1355 --Sheriffs; certain fines; add 2% surcharge.........................................!47, 181, 981 HB 1356 --Health maintenance organizations; certain
contracts; prohibit hold harmless clause..........................................147, 181 HB 1357 --Terroristic threats and acts; increase penalty..........................................148, 182 HB 1358 --Cohutta, City of; mayor; power to vote............................!48, 182, 195, 196, 401 HB 1359 --Natural resources; land-disturbing variances;
impact on flood plains and stream banks..............................148, 182, 1394 HB 1360 --Firearms; concealed weapons; loaded firearm
in vehicle; defense of habitation; immunity ...................................148, 182, 544, 1010, 2171, 2543
HB 1361 --Transportation, Department of; opposition to certain projects; limit actions........................................................148, 182
HB 1362 --Garnishment; notice to defendant; increase to seven days....................148, 182 HB 1363 --Minors; contraceptives and pelvic exams;
parental notification............................................................................149,182 HB 1364 --Local government; budgets and audits;
grant certification...........................................149, 182, 498, 641, 2144, 2336 HB 1365 --Bona fide conservation use property; breach
of renewal covenant; penalties not
applicable ...................................................................149, 182, 421, 740, 1906
HB 1366 --Uninsured motorists; insurance companies;
service of process..................................................................................149, 182
HB 1367 --Motor vehicle accident reports; disclosure ...............................................149, 182
HB 1368 --Ad valorem tax; tax executions; increase

2984

INDEX

certain threshold amount........................................149, 182, 421, 734, 1128 HB 1369 --Independent Agricultural Crop Consultants Act; enact.........................149, 182 HB 1370 --Special license plates; "Support School Nurses".....................................150, 182 HB 1371 --Southern Dairy Compact; enact.........................................................!50, 172, 182 HB 1372 --Securities and securities markets; amend
provisions.......................................................150, 182, 788, 1015, 1907, 2443 HB 1373 --Labor practices; strikes by public employees;
prohibitions......................................................l50, 182, 623, 984, 2122, 2462 HB 1374 --Cobb County; prohibit certain discrimination ........................150, 182, 195, 265 HB 1375 --Certain elected officials; threats
against; provide for offense........................................................150, 182, 790 HB 1376 --County boards of health;
membership; school superintendent's designee...............................151, 182 HB 1377 --Middle school grants; requirements; authorize waiver ...........................151, 182 HB 1378 --Driving under the influence; implied
consent notice; test administration........................................151, 182, 1385, 1534, 2040, 2437, 2735
HB 1379 --Bail; misdemeanors; local ordinances; prohibit requirement...........................................................................151, 182
HB 1380 --Fire prevention districts; insurance rate classification; variances...............................................................151, 182
HB 1381 --Fire prevention districts; insurance rate classification; regulation .............................................................151, 182
HB 1382 --Private Property Rights Preservation Act; enact....................................152, 182 HB 1383 --Property; certain sales; fair market value.................................................!52, 182 HB 1384 --Alcoholic beverage sales; transfer of table wine; license ........................152, 182 HB 1385 --Public schools; close on Veterans Day............................................152, 182, 1392 HB 1386 --Telephones; universal access fund;
distribution; amend provisions ................................................152, 182, 1393 HB 1387 --Medical assistance providers; hearings;
procedures........................................................!52, 182, 421, 474, 1221, 1740 HB 1388 --Certain religious organizations; ad valorem
tax exemption..........................................................!53, 182, 893, 1164, 1722 HB 1389 --Employment security; definitions; State
wide Reserve Ratio ..............................................................................153, 182 HB 1390 --Criminal bond sureties; increase compensation
amount..................................................................................!53, 182, 421, 561 HB 1391 --Georgia Street Gangs Act of 1998; enact;
Georgia Street Gang and Terrorism Prevention Act; comprehensive revision of provisions............................................153, 182, 205, 419, 512, 1002, 1670 HB 1392 --Shoplifting; value of property; misdemeanor; felony..........................................................................153, 182, 264, 564, 2119 HB 1393 --Watercraft; boating under the influence; child endangerment.......................................l53, 182, 186, 533, 2059, 2244,
2379, 2424, 2493, 2641, 2738 HB 1394 --Watercraft; and personal watercraft;
amend provisions...........................................!54, 182, 186, 535, 1807, 2003, 2124, 2165, 2227, 2532, 2738
HB 1395 --Watercraft; speed restrictions; accidents..................................................154, 182 HB 1396 --Certain state officials; salary determination;
remove from list of annual salaries
HB 1397 --Harris County; sheriff; salary supplement ......................................175, 194, 211,
211, 464, 466
HB 1398 --Harris County; tax commissioner; salary supplement ...........................175, 194,
211, 211, 462
HB 1399 --Harris County; probate judge; salary supplement..................................175, 194,

INDEX

2985

211, 212, 463 HB 1400 --Harris County; superior court clerk;
salary supplement.......................................................l76, 194, 211, 212, 463 HB 1401 --Middle Chattahoochee Water Resources Authority; create...................176, 194
HB 1402 --Insurance; policy and discharge by payment; collateral; amend provisions.....................................176, 195, 893
HB 1403 --Schools; students performing certain unpaid work; prohibit..........................................................................176, 195
HB 1404 --Information Technology Policy Council; add member.....................................................l76, 195, 728, 971, 2198, 2328
HB 1405 --Absentee ballots; time to commence counting.........................................176, 195 HB 1406 --Judicial sales; real property; legal ad
include description....................................................l77, 195, 420, 468, 1128 HB 1407 --Decatur, City of; city manager; repeal
certain powers; board of education..........................177, 195, 211, 212, 429 HB 1408 --Health maintenance organizations; allow
marketing to Medicaid recipients...................................l77, 195, 623, 1108 HB 1409 --Employees' Retirement; bus drivers;
lunchroom staff; increase contributions ...........................................177, 195 HB 1410 --Firefighters, emergency medical technicians,
and public safety officers; hepatitis C protection; law enforcement officers; certain records ..................................177, 195, 1122, 1519, 2171, 2474, 2734 HB 1411 --Minors; custodial parent; select at age 12 ................................................177, 195 HB 1412 --Fulton County; board and department of health; rename.................................................!78, 195, 390, 751, 1907, 2308 HB 1413 --Courthouses; annex facilities; certain court officials; compensation ..................................................178, 195, 1319,
1596, 2143, 2509, 2734
HB 1414 --Physician's assistants; certain authority; remove provisions ................................................................................178, 195
HB 1415 --Creditors; failure to disclose certain information to purchaser............................................................178, 195, 270
HB 1416 --Ad valorem tax; certain penalties; not imposed upon new owners..................................................................178, 195
HB 1417 --Public retirement systems; convicted felons; terminate participation...........................................................178, 195
HB 1418 --County boards of tax assessors; removal of members; amend provisions...........................................................!79, 195
HB 1419 --Georgia Sports Hall of Fame; amend provisions .....................................................................179, 195, 204, 241, 795
HB 1420 --Telemarketing practices; prohibitions; penalties; telephone directory listings for nonlocal business....................................!79, 195, 961, 1620, 2041, 2439
HB 1421 --Merit system; payroll audits; remove requirement.........................179, 195, 491 HB 1422 --Merit system; certain employees;
periodic review and rating..........................................................179, 195, 498 HB 1423 --State employees; certain appeals; payroll review;
certain state health benefit plan coverage..........................................................!79, 195, 491, 1586, 2228, 2570 HB 1424 --Income tax; increase retirement income exclusion.........................179, 195, 195,
283, 507, 1003, 1080, 1221
HB 1425 --Firearms possession; restrictions;
exemptions; search and rescue
dogs; define....................................................!80, 195, 981, 1316, 1724, 1999
HB 1426 --Ad valorem tax; certain penalties not
imposed upon new owners..................................................................180, 195

2986

INDEX

HB 1427 --Graduated driver's license; recognize licenses of other states ........................................................................180, 195
HB 1428 --Middle school grants; eligibility.................................................................180, 195 HB 1429 --House of Representatives; reapportion districts 77 and 78 ...................190, 210 HB 1430 --Motor vehicles; liens; salvage; special
plates; certificates of title; licensing; ad valorem tax return ...........................................190, 210, 789, 1131, 2112,
2172, 2379, 2424, 2530, 2703, 2738 HB 1431 --Local government; budgets; amend provisions ........................................190, 210 HB 1432 --Environmental protection; issuance of
permits; authorize certain refusals ...................................................190, 210, 998, 1265, 2119
HB 1433 --Special county 1% sales tax; audit report schedule; auditor's report........................................191, 210, 283, 973, 1805
HB 1434 --"Bill of Rights Day"; designate December 15 ................................191, 210, 210, 454, 526, 1128
HB 1435 --Chiropractors; continuing education ................................................191, 210, 998, 1154, 2132, 2549
HB 1436 --Sunday sales; private clubs; allow additional alcoholic beverages ...................................................191, 210, 717
HB 1437 --Income tax; employer social security tax payments; deduction........................................!91, 210, 421, 1588, 2119
HB 1438 --Local government; redevelopment powers; tax allocation; amend provisions .......................................................192, 210
HB 1439 --Oglethorpe County; chief magistrate; nonpartisan election...............................!92, 210, 235, 235, 501, 2043, 2285
HB 1440 --Medical assistance; unlawful acts; abuse; Medicaid fraud forfeiture............................192, 210, 490, 735, 1805
HB 1441 --Municipal courts of certain consolidated governments; misdemeanor jurisdiction; repeal.....................192, 210, 490, 1249, 2059, 2158, 2285
HB 1442 --Sales tax; exempt certain funeral merchandise .......................................192, 210 HB 1443 --Spalding County; board of commissioners;
residency requirements ..............................................192, 210, 235, 235, 500 HB 1444 --Crabs; commercial crabbing license;
records; crab traps..................................................192, 210, 264, 1110, 1722 HB 1445 --Professional engineers and land surveyors;
persons not certified; penalties..........................................................193, 210 HB 1446 --Sales tax; certain exemptions; require
reestablishment............................................................................l93, 210, 893 HB 1447 --Professional engineers and land surveyors;
certain certificates; change requirements.........................................!93, 210 HB 1448 --Motor vehicle self-insurers; taxicabs;
certain counties............................................l93, 210, 543, 1006, 2133, 2332, 2493, 2528, 2626, 2698, 2723, 2725, 2738
HB 1449 --Uninsured motorists; service on plaintiffs carrier; timeliness.................................,...............................................193, 210
HB 1450 --"Home Education Week"; declare first week in February......................................................193, 210, 210, 454, 1014, 2278
HB 1451 --Child safety restraints; violation; assess points.............................l94, 210, 1123 HB 1452 --Fulton County; purchasing department; public
letting and bids.....................................................194, 210, 1395, 1396, 2119
HB 1453 --Weight of vehicles and loads; granite; load limits ..........................194, 210, 291
HB 1454 --Auctioneers; buyer's premium; disclosure.................................................207, 234
HB 1455 --Child custody; child's choice of parent; court consider..........................207, 234
HB 1456 --Serious violent felonies; early release;
restrict eligibility..................................................................................207, 234

INDEX

2987

HB 1457 --Cuthbert, City of; mayor and aldermen; elections........................................................................207, 234, 264, 264, 500
HB 1458 --Ad valorem tax; certain notice and disclosure; method of providing ............................................................................208, 234
HB 1459 --Home Repair Fraud Act; enact ..................................................................208, 234 HB 1460 --Livestock; special sales; bonds; exempt
4-H clubs and Future Farmers of America.......................................................................208, 234, 255, 637, 1128 HB 1461 --State and local government; certain vehicles; identifying markings .........................................208, 234, 960, 1627 HB 1462 --Public Employees Labor Relations Act; enact.........................................208, 234 HB 1463 --Ad valorem tax; change in stated property value; disclose method.........................................................................208, 234 HB 1464 --Homestead exemption; filing deadline .......................209, 234, 1386, 1510, 2038 HB 1465 --Bostwick, City of; new charter ..........................................209, 234, 264, 265, 463 HB 1466 --Voting precinct boundaries; changes; file with Legislative and Congressional Reapportionment Office .............................................................229, 263, 961 HB 1467 --Special county 1% sales tax; use for certain voting equipment.......................................229, 263, 544, 1005, 1723 HB 1468 --Danielsville, City of; new charter ......................................229, 263, 291, 292, 730 HB 1469 --Quality basic education; merged school systems; equalization grants ....................................................229, 263, 1121 HB 1470 --Weight of vehicles and loads; limits; truck routes ...........................................229, 263, 549, 804, 2213, 2657, 2735 HB 1471 --Unemployment benefits; certain persons refusing or failing drug test................................................................230, 263 HB 1472 --Divorce; marriage irretrievably broken; delay; exception.......................230, 263 HB 1473 --Concealed weapons; licensure; exempt certain judges not in office.........................................................230, 263, 658 HB 1474 --Homestead exemption; additional qualification; recording of deed..........................................230, 263, 544, 1048, 1807, 1997 HB 1475 --Workers' compensation; certain emotional or mental injury; provide exception..................................................230, 263 HB 1476 --Ticket scalping; exempt charitable organizations ......................................................................230, 263, 263, 1123 HB 1477 --Elections; eliminate certain primaries; extensive revision of provisions .........................................................231, 263 HB 1478 --Funeral directors and embalmers; apprenticeships; amend provisions ...........................................231, 263, 998 HB 1479 --Insurance; prohibit discrimination against abuse victims...........................................................................231, 263 HB 1480 --Natural Resources, Department of; prohibit certain withdrawal of ground water ..................................231, 263 HB 1481 --Income tax; certain insurance firms; provide credit ...............................231, 263 HB 1482 --Schools; nonresident students; certain attendance and enrollment.................................................................232, 263 HB 1483 --Victims' Rights Act of 1998; enact..........................................232, 263, 295, 1116 HB 1484 --Motor vehicles; registration and licensing of vehicle fleets.....................................................................................232, 263 HB 1485 --Local government; redevelopment; tax allocation; city business improvement
districts...........................................................232, 263, 491, 1057, 2123, 2501
HB 1486 --Local government; private toll roads and
bridges; licensing authority .....................................232, 263, 549, 821, 2119
HB 1487 --Financial institutions; insufficient
funds fee; written notice .....................................................................232, 263

2988

INDEX

HB 1488 --General Assembly; members and employees; illegal drug activity......................................................................233, 263, 629
HB 1489 --Sheriffs; certain fines; add 2% surcharge.................................................233, 263 HB 1490 --Turner County peanut monument; designate
official state peanut monument ...............................................233, 263, 263, 390, 1113, 2119
HB 1491 --Dental hygienists; Board of Dentistry membership; requirements......................................258, 290, 623, 982, 2119
HB 1492 --Annie Plummer Act; enact..........................................................................258, 290 HB 1493 --Parolees and probationers; certain crimes;
bailable before superior court .........................................258, 290, 790, 1105 HB 1494 --Motor vehicles; certain registration
periods; increase to 45 days................................................................258, 290 HB 1495 --Psychologists; investigations; certain documents ..........................259, 290, 1393 HB 1496 --Mortgage brokers; licenses; oul-of-state
applicants.................................................................259, 290, 788, 1056, 2278 HB 1497 --Leasing agents; act as agents for certain
service of process..................................................................................259, 290 HB 1498 --Clarke County; coroner; compensation.............................259, 290, 400, 400, 551 HB 1499 --Open records; law enforcement officers;
exempt personal information......................259, 290, 549, 1063, 2198, 2475 HB 1500 --Students; pocket pagers; parental consent ...............................................259, 290 HB 1501 --Campaigns; disclosure reports; political
action committees; repeal exemption................................................260, 290 HB 1502 --House of Representatives; reapportion
districts 156, 157, 165, 166, 172, 173, and 174.......................................................260, 290, 290, 421, 525, 1090 HB 1503 --Riceboro, City of; corporate limits....................................260, 290, 400, 400, 551 HB 1504 --Motor vehicle; premium reductions; add provision.................................260, 290 HB 1505 --School administrators; impose teaching requirement.............................260, 290 HB 1506 --Pardons and paroles; investigation of parole offender; notice ..............................................................261, 290, 1320 HB 1507 --Local option sales tax; proceeds; authorize use in certain special districts..........................................261, 290 HB 1508 --Human cloning; prohibit; penalties ...........................................................261, 290 HB 1509 --Watercraft; ad valorem tax; decals; registration......................................261, 290 HB 1510 --Local government; service area; redefine; boundary designation..........................................................................261, 290 HB 1511 --Fraud, waste, and abuse; complaints by public employees to General Assembly; confidentiality; telephone number on stationery.................................................261, 290, 405, 543, 989, 2211, 2630 HB 1512 --General Assembly and county officials; nonpartisan elections...........................................................................262, 290 HB 1513 --Income tax credit; qualified caregiving expenses....................................................................262, 290, 544, 1106, 1723 HB 1514 --Homestead exemption; filing deadlines; amend provisions ...................262, 290 HB 1515 --Municipalities; minimum distance requirements; applicability after certain date ..........................................................262, 290 HB 1516 --Service cancelable educational loans; Georgia National Guard ................................262, 290, 542, 982, 1330, 1678 HB 1517 --Jury duty; per.-ons 65 or over; excuse once annually..............................286, 399
HB 1518 --Jackson County; county treasurer; abolish
office..............................................................................286, 399, 428, 428, 633
HB 1519 --Schools; curriculum relative to
presidents; present on President's Day ............................................286, 399
HB 1520 --Sales tax for education; distribution;

INDEX

2989

enact by local Act.....................................................286, 399, 544, 637, 2119 HB 1521 --Ad valorem tax; return vehicles in
county where functionally located ............................................287, 399, 544 HB 1522 --Intangible recording tax; collecting officer......................................287, 399, 544,
1225, 1806, 2013 HB 1523 --Special license plates; Pearl Harbor veterans; lower fees ......................287, 399 HB 1524 --Certificate of need; certain home health
agency services; exempt ......................................................................287, 399 HB 1525 --Manassas, City of; new charter .........................................287, 399, 428, 428, 633 HB 1526 --Fraud; certain security interest; certain
offenses; penalty...................................................................................287, 399 HB 1527 --Carroll County; school tax; reimbursement
for collecting................................................................287, 399, 428, 428, 633 HB 1528 --County boards of tax assessors; grand jury
appoint; eligibility................................................................................288, 399 HB 1529 --Elections; certain state-wide offices;
plurality election...............................................288, 399, 461, 648, 809, 1669 HB 1530 --Driver education course; public school
grants; income tax credit..................................................288, 399, 406, 1213 HB 1531 --Uniform Transfer on Death Security
Registration Act; enact.............................................................288, 399, 1250 HB 1532 --Hunting; crossbow permits for personsl
with disabilities.......................................................288, 399, 789, 1114, 1906 HB 1533 --Barrow County; board of commissioners; districts.................................288, 399,
428, 429, 902 HB 1534 --Barrow County; board of education; districts.........................................288, 399,
428, 429, 902
HB 1535 --Ad valorem, income, and sales taxes; certain printing services...........................................289, 399, 544, 652, 1128
HB 1536 --Joint custody; court grant when in best interest of child......................289, 399 HB 1537 --Certificate of need; exempt certain skilled
nursing facilities...................................................................................394, 426 HB 1538 --Special license plates; United States
Disabled Athletes Fund; fees and costs...........................................394, 426, 426, 543, 988, 1723
HB 1539 --Green treefrog; designate as official state amphibian...................................................................394, 426, 427, 490
HB 1540 --Zoning; transfer of development rights............................................395, 426, 993, 1096, 2102, 2334
HB 1541 --Banks; certain errors; pay fee to account holder.....................................395, 426 HB 1542 --Property; certain sales by city or county
employee; prohibit..................................................395, 426, 962, 1102, 2279 HB 1543 --Downtown LaGrange Development Authority;
membership..................................................................395, 426, 461, 462, 730 HB 1544 --Sales and use tax; exempt sales to public foundations ..........................395, 426 HB 1545 --Charities; registration renewal; include
additional information ........................................................................395, 426 HB 1546 --Magistrates; compensation; prohibit contrary local laws .......................396, 426 HB 1547 --Companies offering certain items;
require in-state redemption center ...................................................396, 426 HB 1548 --Murder; granting of bail; restrictions ........................................................396, 426 HB 1549 --Open meetings and public records;
enforcement actions by Attorney
General .......................................................................396, 426, 549, 986, 1329
HB 1550 --Local government; real property; transfer to
or exchange with local boards of
education........................................................396, 426, 892, 1099, 2123, 2311

2990

INDEX

HB 1551 --Real estate transfer tax; increase; remit to certain fund.......................................................396, 426, 1116, 1524, 2279
HB 1552 --Georgia Student Finance Authority; scholarship grants; certain students at North Georgia College.......................................397, 426, 954, 1101, 1805
HB 1553 --Campaign contributions; supplemental disclosure reports ................................................................397, 426, 427, 728
HB 1554 --Child custody; amend provisions................................................................397, 426 HB 1555 --Uniform rules of the road; radios and
phones in vehicle; exercise due care in using..................................397, 426 HB 1556 --Grants, scholarships, and vouchers for
postsecondary education; eligibility; ineligibility.......................................................397, 426, 428, 718, 1512, 2120 HB 1557 --Local government authorities; registration; include members' names..................................,.....398, 426, 962, 1594, 2120 HB 1558 --Sales and use tax; exempt wheelchairs .....................................................398, 426 HB 1559 --Marion County; board of education; compensation ...............................423, 460,
498, 500, 793 HB 1560 --Telephone; prepaid calling services; regulate...........................................423, 460 HB 1561 --Students; certain withdrawal from school;
waiver of certain rights.......................................................................423, 460 HB 1562 --Postsecondary remedial instruction;
submission of certain reports.............................................................423, 460 HB 1563 --Sales and use tax; exempt sales to
housing authorities ....................................................................424, 460, 1116 HB 1564 --Chiefs of police and law enforcement
department heads; training requirement...............................424, 460, 1214 HB 1565 --Health; chlamydia screening test; insurance coverage...........................424, 460,
461, 623, 1071, 2120 HB 1566 --Attorney General; campaign contributions
from public officers; prohibit.............................................................424, 460 HB 1567 --Motor vehicles; license plates and
registration; amend provisions...........................................................424, 460 HB 1568 --Intestate succession; year's support;
deserting spouse or parent .................................................................425, 460 HB 1569 --Motor vehicles; transfer of license
plates and decals; ad valorem tax.....................................................425, 460 HB 1570 --Arrest warrant applications; use of video conference .............................425, 460 HB 1571 --Parental rights; termination; amend provisions.......................................425, 460 HB 1572 --Income tax credit; National Guard members...........................................425, 460 HB 1573 --Hagan, City of; mayor and council; staggered terms ..............................425, 460 HB 1574 --Quitman County; water and sewerage authority; create .......................426, 460,
498, 500, 1259 HB 1575 --Insurance; certain policies; coverage of
mental disorders..................................................................456, 497, 497, 893 HB 1576 --Food sales and food service establishments;
nonprofit food sales and service...............................................456, 496, 998, 1184, 2132, 2555
HB 1577 --Campaign contributions; amount exceeding maximum; prohibit acceptance..............................................................................456, 496
HB 1578 --Motor vehicles; gasoline purchase; penalties for nonpayment...............................................457, 497, 497, 543, 1007, 2038
HB 1579 --Employment security; State-wide Reserve
Ratio; amend provisions......................................................................457, 496
HB 1580 --Theft by taking; certain value; municipal
court jurisdiction .......................................................................457, 496, 1116
HB 1581 --Lobbyists; registration; amend provisions ................................................457, 496

INDEX

2991

HB 1582 --Excise taxes; rental motor vehicles; bad debt deduction...........................................................457, 496, 893, 983, 2038
HB 1583 --Psychologists; prescription of drugs; amend provisions .........................458, 496
HB 1584 --Jails and detention facilities; establish guard lines ....................................................................................458, 496, 624
HB 1585 --Juvenile proceedings; removal of child from home; family reunification; foster care......................................................458, 496, 549, 1243, 2143, 2312
HB 1586 --Patient medical records; maximum copy fee; time limit for furnishing.....................................................................458, 496
HB 1587 --Mutual insurers; amend provisions............................................................458, 496 HB 1588 --Attorney General; use of private counsel;
require hourly fee.................................................................................459, 496 HB 1589 --Campaign contributions; certain candidates;
prohibit from lottery vendors ............................................................459, 496 HB 1590 --Commercial driveways; future purchase by
Department of Transportation at permit amount ...............459, 496, 1154 HB 1591 --Workers' compensation; employer substitute managed
care organization for physician..........................................................459, 496
HB 1592 --Natural Resources, Department of; permits; powers; advisory committee.............................................459, 496, 961, 1360
HB 1593 --Trout streams; buffer requirement variances; amend provisions...............................................................459, 497, 998, 1348
HB 1594 --Labor organizations; certain funds used for political purposes; regulate...........................................................460, 497
HB 1595 --Columbus, City of; municipal court; fees and costs.......................................................................460, 497, 549, 550, 902
HB 1596 --Revenue Code; conform to federal code; income tax credits; certain businesses; retraining programs; low-emission vehicles.....................................................460, 497, 497, 893, 983, 1907, 2469
HB 1597 --Woodville, City of; new charter.........................................493, 548, 629, 630, 965 HB 1598 --Greene County; family connection commission; create .........................493, 548,
629. 630, 902
HB 1599 --Campaign contributions; independent expenditures; certain exemption........................................................493, 548
HB 1600 --House of Representatives; reapportion districts 161 and 163 ...........................................................................493, 548
HB 1601 --Union Point, City of; corporate limits..............................493, 548, 629, 631, 902 HB 1602 --Prenatal Care Act of 1998; enact ...............................................................493, 548 HB 1603 --Annexation; effective date; initiate
prior to.........................................................494, 548, 1081, 1224, 2171, 2329 HB 1604 --Housing authorities; certain loans
not usurious; certain nonresidents; prohibit presence on property......................................494, 548, 1319, 1531,
2123, 2476, 2530, 2578, 2637, 2683, 2738 HB 1605 --Carroll County; state court; terms ....................................494, 548, 629, 631, 902 HB 1606 --Child support; certain college students; parents provide.......................494, 548 HB 1607 --Motor vehicles; unregistered; tag agent
issue certain notice ..............................................................................494, 548 HB 1608 --Savannah, City of, and Chatham County;
homestead exemption; certain citizens............................................494, 548,
630. 632, 902
HB 1609 --Albany, City of; mayor and city commissioners; terms .........................494, 548,
630, 631, 1329, 1419
HB 1610 --Decatur County; board of commissioners;
compensation ...............................................................495, 548, 630, 631, 965

2992

INDEX

HB 1611 --Decatur County; state court judge and solicitor; compensation...............................................................495, 548, 630, 632, 965
HB 1612 --Dougherty County; magistrate court; appointment ...............................495, 548, 630, 632, 965
HB 1613 --Dougherty County; probate court judge; nonpartisan election ...................................................495, 548, 630, 632, 902
HB 1614 --Chehaw Park Authority; membership ......................................495, 548, 728, 729 HB 1615 --Dougherty County; probate court judge;
compensation...............................................................495, 548, 630, 632, 902
HB 1616 --Hospitals; educational grants; restrict funding for certain residents..............................................................495, 548
HB 1617 --Judicial Budget Administration Act of 1998; enact....................................................................................496, 548, 999, 1191
HB 1618 --Hagan, City of; mayor and council; staggered terms.............................546, 629, 728, 729, 965
HB 1619 --Douglas, City of; mayor and commissioners; terms ...............................546, 629, 728, 729, 965
HB 1620 --Motor vehicle insurance; cancellation and renewal; reporting requirements ...........................546, 629, 1116, 1378
HB 1621 --Income tax credit; certain homes with handicapped accessibility features.......................546, 629, 893, 1224, 2279
HB 1622 --Secured transactions; repossession; require non-violation of law.............................................................................546, 629
HB 1623 --Electronic filing of documents; Secretary of State .........................547, 629, 789 HB 1624 --Hall County; homestead exemption; certain residents ..........................547, 629,
728, 729, 965 HB 1625 --Tax returns; failure to disclose certain
information; notify revenue commissioner ............................547, 629, 1116 HB 1626 --Insurance; multiagent agency; single
certificate of authority..............................................................547, 629, 1385
HB 1627 --High schools; athletic competition; certain prohibitions...........................................................496, 548, 892, 1007
HB 1628 --Nursing homes; pilot exercise program for certain residents.........................................................................547, 629, 1122
HB 1629 --Atlanta, City of; enterprise zones; amend provisions.............................547, 629, 1783, 1785, 2117
HB 1630 --Atlanta, City of; enterprise zones; duration ..................................548, 629, 1325, 1326, 2131, 2197
HB 1631 --Excise tax; hotels and motels; domed stadium; termination ................................................................548, 629, 893, 973, 1318
HB 1632 --Crisp County; homestead exemption; certain residents .......................................................................548, 629, 728, 729, 965
HB 1633 --Fishing location operators; liability; courtesy nonresident fishing license; certain veterans.............................................626, 726, 789, 1204, 2212, 2526
HB 1634 --Avondale Estates, City of; development authority; abolish ........................................................626, 726, 761, 762, 965
HB 1635 --Local government; redevelopment powers; amend provisions...............................................................626, 726, 726, 1081
HB 1636 --Tattnall County; board of education; nonpartisan election .................................................626, 726, 761, 762, 1001
HB 1637 --Fulton County; library board of trustees; membership..........................627, 726
HB 1638 --Agriculture, Department of; establish
certain animal control program ...............................................627, 726, 1080
HB 1639 --Stalking and aggravated stalking; amend
provisions...........................................627, 726, 1086, 1521, 2123, 2193, 2285
HB 1640 --Lifetime sportsman's license; create;

INDEX

2993

Wildlife Endowment Fund; establish......................................627, 726, 955, 1092, 2124, 2463
HB 1641 --Torts; chiropractors and physical therapists; voluntary health care services ..................................................627, 726, 999, 1342, 2041, 2477
HB 1642 --Judicial assistance; permanent basis; magistrates as permanent assisting judges; certain counties................................627, 726, 999, 1230, 2057, 2479
HB 1643 --Health insurance; coverage include contraceptives.......................628, 726, 1393 HB 1644 --Bartow County; superior court clerk; compensation...............................720, 759 HB 1645 --Real estate transfer tax; county collect and distribute...........................720, 759 HB 1646 --Savannah, City of; corporate limits ................................720, 759, 899, 900, 1259 HB 1647 --Cartersville, City of; taxes for educational purposes ..............................720, 759 HB 1648 --House of Representatives; reapportion
districts 84 and 87.......................................................................720, 760, 760 HB 1649 --Excise tax; hotels and motels; cotton gin attraction...............................721, 759 HB 1650 --State service delivery regions; create ...............................................721, 759, 954,
1630, 2132, 2631 HB 1651 --State examining boards; amend provisions....................................721, 759, 1123 HB 1652 --Temporary assistance for needy families;
disabled children; extend to age 22...................................................721, 759 HB 1653 --Coweta County; homestead exemption; certain
residents .....................................................................721, 759, 790, 791, 1043 HB 1654 --Sex education; instruction on legal
consequences of parenthood .......................722, 760, 760, 1121, 1513, 2120 HB 1655 --Wills; proof in common form; single witness ...........................................722, 759 HB 1656 --Sales tax; exemptions; liability; tangible
personal property first bought and used outside state.............................................722, 760, 760, 893, 985, 1806 HB 1657 --Ad valorem tax; appeals; assessments; amend provisions .......................................................................722, 759, 1116 HB 1658 --Garden City, City of; corporate limits............................723, 759, 790, 791, 1126 HB 1659 --Feticide in the second degree; define offense; penalties.................................................................628, 726, 727, 962 HB 1660 --Sales tax; deduction for bad credit card debt.........................................628, 726,
1213, 1632, 2038 HB 1661 --Worthless financial instruments; district
attorney's action ..........................................................................723, 759, 955 HB 1662 --Title insurance; amend provisions .............................................................628, 726 HB 1663 --Special county 1 % sales tax; returns; additional
information...........................................................................................723, 759 HB 1664 --Georgia Commission on the Holocaust; create........................................723, 759,
1086, 1507, 2120 HB 1665 --Campaign contributions; amend provisions..............................................723, 759 HB 1666 --Contracts; public works; permit certain
withdrawal of bid.................................................723, 759, 1123, 1514, 2279 HB 1667 --Income tax; credits for increasing exports
from Georgia businesses................................................724, 759, 1116, 1372, 1807, 2166, 2285
HB 1668 --Gilmer County; board of commissioners; bids ........................................724, 759, 790, 791, 1043
HB 1669 --Harris County; board of education; compensation.................................724, 759,
790, 791, 1044
HB 1670 --LaGrange, City of; composition change; districts...................................724, 759,
899, 901, 2727
HB 1671 --Cherokee County; homestead exemption; certain residents .................724, 759,
790, 792, 1044

2994

INDEX

HB 1672 --Tax digest; property in dispute; limitation .............................................725, 759, 1116, 1249, 1333
HB 1673 --Local option sales tax for education; concurrent resolution...........................................................................725, 759
HB 1674 --Family Court Division; Fulton Superior Court; pilot program...............................................726, 759, 909, 1345, 2120
HB 1675 --Superior court clerks; adoption cases; fee prohibition............................................................................726, 759, 1116
HB 1676 --County excise tax; severance of solid minerals........................................726, 759 HB 1677 --Duluth, City of; mayor and council; terms....................726, 759, 790, 792, 1044 HB 1678 --Lottery grants for education; students earning A's.................................758, 788 HB 1679 --Metropolitan river protection;
comprehensive land and water use plans .....................................................................................758, 788, 1154
HB 1680 --Campaign contributions; lottery and gambling vendors; prohibitions..........................................................758, 788
HB 1681 --Georgia Neighborhood Protection Act; enact...........................................758, 788 HB 1682 --Hospital authorities; sale of hospitals; use of proceeds..........................759, 788 HB 1683 --Used motor vehicles; dealers and parts
dealers; certain practices; regulate ...................................................759, 788, 1123, 1371, 1405, 2120
HB 1684 --Tyrone, Town of; mayor and council; powers and duties...............................................................759, 788, 1783, 1785, 2727
HB 1685 --University of Georgia; prohibit certain discrimination...........................784, 899 HB 1686 --Preneed funeral service contract; redefine ...............................................784, 899 HB 1687 --Life insurance; allow premium payments
from employee contributions ................................784, 899, 992, 1310, 2279 HB 1688 --Ocilla, City of; council; election.......................................784, 899, 962, 963, 1126 HB 1689 --Carrollton, City of; homestead exemption;
certain residents....................................................784, 899, 1040, 1041, 1259 HB 1690 --Carroll County; homestead exemption; certain
residents .................................................................785, 899, 1040, 1041, 1259 HB 1691 --Bloomingdale, City of; corporate limits .........................785, 899, 962, 963, 1259 HB 1692 --Garden City, City of; certain referendum;
authorize ..........................................................785, 816, 899, 993, 1313, 1654 HB 1693 --Torts; wrongful death; increase surviving
spouse share...........................................................785, 899, 1116, 1269, 2279 HB 1694 --Cobb County; state court judges; compensation.....................................785, 899,
962, 963, 1126 HB 1695 --Habersham County; board of commissioners;
membership................................................................785, 899, 962, 964, 1126 HB 1696 --Mechanics' and materialmen's liens;
defective notices; voiding of record for lack of notice ............................786, 899, 1116, 1268, 2211, 2499 HB 1697 --Atlanta-Fulton County; recreation authority; compensation of chief executive officer...............................................................786, 899, 2210, 2211 HB 1698 --County boards of tax assessors; homestead exemptions; certain duties .......................................................786, 899, 1116 HB 1699 --Lowndes County; board of commissioners; meetings......................................................................786, 899, 962, 964, 1126 HB 1700 --Bartow County; superior court clerk; compensation...............................786, 899
HB 1701 --Cartersville, City of; school taxes;
amend provisions ..................................................786, 899, 1040, 1042, 1260
HB 1702 --House of Representatives; reapportion
districts 84 and 87 ..................................................786, 899, 899, 1123, 1636
HB 1703 --Local option sales taxes; certain counties;

INDEX

2995

prohibit certain reduction of proceeds...................................787, 899, 1116 HB 1704 --Private detective and private security
business; amend provisions......................................................787, 899, 1782 HB 1705 --Technical and Adult Education; Archives and
History; authorize certain library funding.......................................788, 899 HB 1706 --Tires; adjustment rates; disclosure and notice.........................................788, 899 HB 1707 --Vehicle emissions; standards; inspections;
enforcement...................................................895, 959, 961, 1296, 2212, 2525 HB 1708 --Telemarketing; prohibit blockage of
caller identification services ...............................................................895, 959 HB 1709 --Family violence; violation of protective orders;
concurrent jurisdiction ........................................................................895, 959 HB 1710 --Fulton County; community improvement
districts; create......................................................895, 959, 1783, 1792, 2117 HB 1711 --Wastewater discharge; nondomestic users; amend provisions...............896, 959 HB 1712 --High school honors program; participation
by certain students ..............................................................................896, 959 HB 1713 --Minor child; selling or exchanging; provide for offense..........................896, 959 HB 1714 --Home schooled students; special diploma........................................896, 959, 959 HB 1715 --House of Representatives; reapportion
districts 161 and 163...................................................................896, 959, 960 HB 1716 --Superior court clerks; training and
reporting requirements .............................................................897, 959, 1116 HB 1717 --Juvenile proceedings; deprivation of
child resulting from substance abuse...............................................897, 959, 1250, 1624, 2279
HB 1718 --General appropriations; FY 1998-99..........................................................897, 959 HB 1719 --Nuisances; drug related activity; actions
to abate and enjoin....................................................................897, 959, 1394 HB 1720 --Drug-free workplace; employer
contributions and taxes; reduced rate....................................897, 959, 1122 HB 1721 --Rockdale County; board of commissioners; vacancies ...........................957, 997,
1040, 1042, 1260 HB 1722 --Dentists; acts constituting practice;
exempt certain novelty teeth .............................................................957, 997 HB 1723 --Stone Mountain Judicial Circuit;
superior court judges; increase supplement ..................................................957, 997, 1811, 1895, 1897, 2276 HB 1724 --Wastewater discharge; nondomestic users; amend provisions...............957, 997 HB 1725 --Cobb County; state court solicitor-general; compensation....................957, 998,
1040, 1042, 1328 HB 1726 --Campaign literature; identification of
authors; repeal provisions.........................................................898, 959, 1250 HB 1727 --Hospitals; certain acquisitions and
dispositions; amend provisions ..........................................................958, 998 HB 1728 --Cobb County; certain employees of tax commissioner;
compensation .........................................................958, 998, 1040, 1042, 2038 HB 1729 --Official Garden and Nature Trail of
Georgia; designate......................................................................958, 998, 1154 HB 1730 --Civil practice; recommencement of
dismissed cases; certain actions against judicial officers; attorney's fees ................................958, 998, 1116,
1241, 2227, 2286, 2380, 2423, 2493, 2546, 2738
HB 1731 --Cobb Judicial Circuit; superior court
judges; compensation..........................................995, 1040, 1116, 1223, 2121
HB 1732 --Folkston, City of; corporate limits ............................995, 1040, 1086, 1087, 1328
HB 1733 --Homeland, City of; corporate limits .........................995, 1040, 1086, 1087, 1328

2996

INDEX

HB 1734 --Catoosa County; public works authority; create...................................995, 1040, 2027, 2028, 2728
HB 1735 --Dublin, City of; board of education; per diem......................................995, 1040, 1086, 1088, 1328
HB 1736 --Floyd County; homestead exemption; certain residents......................995, 1040, 1086, 1088, 1328
HB 1737 --Floyd County; consolidation with City of Rome; advisory referendum..................................................996, 1040, 1086, 1088, 2057, 2110, 2285
HB 1738 --Speed detection devices; require employment of certified peace officers...........................................996, 1040
HB 1739 --Prisoners; attend funerals in civilian clothes and unmanacled...............................................996, 1040, 1214, 1613
HB 1740 --Schools; certain termination of employment; apply to certain employees.......................................996, 1040
HB 1741 --Lottery; educational purposes and programs; reciprocal programs ...........................................................................996, 1040
HB 1742 --Stillmore, City of; new charter..................................996, 1040, 1086, 1088, 1328 HB 1743 --Medical information; allow release in
case of medical necessity ..................................................................996, 1040 HB 1744 --Cobb County; sheriffs office; compensation
of certain employees...........................................997, 1040, 1086, 1088, 1328 HB 1745 --Automobile Personal Safety Act of 1998; enact...................................!038, 1085 HB 1746 --Jones County; board of commissioners; amend provisions...............1039, 1085,
1125, 1125, 1654 HB 1747 --Highways; contracts for surveying and deed
preparation; powers.......................................... 1039, 1085, 1154, 1274, 2327 HB 1748 --Cherokee County; community improvement
districts; create..................................................1039, 1085, 1125, 1126, 1402 HB 1749 --Tag agents; retention of fee for modernization
and technology.................................................................................1039, 1085 HB 1750 --Schools; low-wealth capital outlay grants;
provisions................................................................................!039, 1085, 1392
HB 1751 --Georgia Nursing Limited Prescription Authority Demonstration Act; enact ............................................1039, 1085
HB 1752 --Father 's rights; certain termination; filing of petition ...............................................................................1039, 1085
HB 1753 --Schools; certain construction projects; remove Iimitation.............................................................................l082, 1121
HB 1754 --Cobb Judicial Circuit; certain district attorneys; compensation ..................................1082, 1121, 1213, 1215, 2038
HB 1755 --Courts; certain counties; allow use of courthouse annex....................1083, 1121 HB 1756 --Metter-Candler County Airport Authority;
members; terms.................................................!083, 1121, 1213, 1215, 1489 HB 1757 --Lincoln County; board of education;
nonpartisan election .........................................1083, 1121, 1213, 1216, 1490 HB 1758 --Heard County; board of commissioners; compensation.....................1083, 1121,
1213, 1216, 1654 HB 1759 --Pooler, City of; mayor and aldermen; terms .......................................1083, 1121,
1213, 1216, 1490 HB 1760 --Carroll County; family connection authority; create..........................!083, 1121,
1213, 1216, 2040, 2044
HB 1761 --Cobb County; probate court judge and clerk;
compensation.....................................................1083, 1121, 1213, 1216, 1490
HB 1762 --Stockbridge, City of; corporate boundaries .........................................1084, 1121,
1213, 1217, 1490
HB 1763 --Dublin-Laurens County Commission on

INDEX

2997

Children, Youth, and Families; create...................................................................!084, 1121, 1213, 1217, 1490 HB 1764 --Carroll County; state court; full-time solicitor....................................!084, 1121,
1213, 1217, 1490 HB 1765 --State financing; local sales taxes; exempt
certain contractors...........................................................................1084, 1121 HB 1766 --Garbage collection services; limit imposition of liens.........................1084, 1121 HB 1767 --Barrow County; homestead exemption; certain residents.................1084, 1121,
1213, 1218, 1490 HB 1768 --Winder, City of; public facilities authority; create.............................!084, 1121,
1213, 1217, 1490 HB 1769 --Property; estates in reversion; terminate
after 50 years ....................................................................................1084, 1121 HB 1770 --Commercial property; tenant default;
acceleration of rent..........................................................................1085, 1121 HB 1771 --Courts; proceedings; parties request elected judge..............................1085, 1121 HB 1772 --Jefferson County; board of commissioners; compensation................!085, 1121,
1255, 1256, 1492, 1669 HB 1773 --Bartow County; superior court clerk; compensation..........................!085, 1121,
1213, 1217, 1490 HB 1774 --Classes of persons; provide for sexes;
define "gender"............................................................1085, 1121, 1214, 1538 HB 1775 --Condominium associations; assessment liens;
limit attorney's fees .........................................................................1118, 1212 HB 1776 --Real estate transfer tax; superior
court clerk collect and distribute..................................................1118, 1212 HB 1777 --Seminole County; surveyor; abolish elected
office; appoint....................................................H18, 1212, 1255, 1256, 2276 HB 1778 --Homeowner's Warranty Rights Act; enact ...........................................1118, 1212 HB 1779 --Seminole County; board of education; nomination
and election..................................................................H18, 1212, 1255, 1256 HB 1780 --Jones County; sheriff; compensation......................1119, 1212, 1255, 1257, 1654 HB 1781 --Jones County; probate court judge; compensation.............................1119, 1213,
1255, 1257, 1654 HB 1782 --Jones County; tax commissioner; compensation.................................1119, 1213,
1255, 1257, 1654 HB 1783 --Jones County; superior court clerk; compensation.............................1119, 1213,
1255, 1257, 1654 HB 1784 --Sales and use tax; certain unidentifiable
proceeds; distribution.......................................H19, 1213, 1386, 1411, 2121 HB 1785 --Hall County; distribution of certain tax ...............................................1119, 1213 HB 1786 --Sales tax; exempt certain home study program yearbooks................1120, 1213 HB 1787 --Children's Health Insurance Plan Act; enact............................1120, 1213, 1393 HB 1788 --Schools; local funds; employee suggestion
programs .................................................................................1120, 1213, 1392 HB 1789 --Securities; retirement savings loss; liability..........................................1120, 1213 HB 1790 --Newton County; board of elections and
registration; create............................................1120, 1213, 1255, 1258, 1654 HB 1791 --Minors; contributing to delinquency, unruliness,
or deprivation of; penalties ..................................................1120, 1213, 1319 HB 1792 --Barrow County; board of commissioners;
compensation.....................................................1210, 1254, 1325, 1326, 1904
HB 1793 --Sumter County; board of education;
nonpartisan election .........................................1210, 1254, 1325, 1327, 1721
HB 1794 --Madison County; type government; advisory referendum ................1210, 1254,
1395, 1397, 1803
HB 1795 --Lobbyists; prohibit presence on third floor of capitol........................!210, 1254

2998

INDEX

HB 1796 --Webster County; board of education; districts ...................................1210, 1254, 1395, 1397, 2038
HB 1797 --Handicapped access to public facilities; exempt religious organizations.......................................................1121, 1213
HB 1798 --Essential Rural Health Care Provider Access Act; enact.........................................................H21, 1213, 1255, 1544
HB 1799 --Pike County; county manager; board of commissioners.....................l211, 1254 HB 1800 --Pike County; probate judge; election.....................................................!211, 1254 HB 1801 --Chatham County; coroner; compensation..............1211, 1254, 1325, 1327, 1721 HB 1802 --Transportation, Department of;
authorize certain rest area in Cobb County ................................1211, 1254
HB 1803 --Atlanta-Fulton County Recreation Authority; add members..................................,.............................1211, 1254, 1895, 1897
HB 1804 --Sexually explicit materials; premises where distributed; prohibit entry of minors......................1211, 1254, 1394
HB 1805 --Probate courts; judge appoint replacement ifdisqualified....................................................................................l211, 1254
HB 1806 --Gwinnett County; prohibit certain discrimination............................. 1252, 1324, 1484, 1485
HB 1807 --Dalton, City of; homestead exemption; certain residents................................................1252, 1324, 1395, 1397, 1804
HB 1808 --Statutory rape; certain offenders; serve full minimum sentence....................................................................1252, 1324
HB 1809 --Liberty County; constitutional officers; prohibit certain compensation ........................1212, 1254, 1325, 1327, 1721
HB 1810 --Liberty County; tax commissioner; compensation..............................1212, 1254, 1325, 1327, 1721
HB 1811 --Chatham-Savannah Authority for the Homeless; amend provisions....................................1252, 1324, 1395, 1397, 1807, 1837
HB 1812 --Elections; absentee ballots; registrars use additional buildings.........................................................................!253, 1324
HB 1813 --Natural Resources, Department of; exemption of certain property from liability....................................................................................1212, 1254, 1394
HB 1814 --Smyrna, City of; corporate Iimits............................l253, 1324, 1395, 1397, 2277 HB 1815 --Emanuel County; jail authority; create ................................................1253, 1324,
1395, 1398, 1804 HB 1816 --State Sovereignty and Federal Tax Funds Act; enact........................!253, 1324 HB 1817 --Hart County; industrial development
authority; amend provisions............................!253, 1324, 1395, 1398, 1804 HB 1818 --Bulloch County; state court solicitor-general......................................1253, 1324,
1395, 1398, 1804 HB 1819 --Self-service storage facilities; personal
property; Iiens...................................................................................l253, 1324 HB 1820 --Hancock County; board of commissioners;
compensation.....................................................1254, 1324, 1395, 1398, 1804 HB 1821 --Gwinnett County; merit system; board
members........................................................................l322, 1392, 1484,1485 HB 1822 --Troup County; board of commissioners; compensation.....................1322, 1392,
1484, 1486, 1807 HB 1823 --Baldwin County; tax commissioner; compensation ............................1322, 1392,
1484, 1486
HB 1824 --Sparks, Town of; mayor and council; terms........................................1322, 1392,
1484, 1486, 1804
HB 1825 --Open meetings; change in time or place; notice ..................................1254, 1324
HB 1826 --Liberty County; homestead exemption; certain residents.................1322, 1392,
1484, 1488, 1905

INDEX

2999

HB 1827 --Liberty County; homestead exemption; certain residents.................1323, 1392, 1484, 1488, 1905
HB 1828 --Liberty County; homestead exemption; certain residents.................1323, 1392, 1484, 1488, 1905
HB 1829 --Auburn, City of; dissolve charter; advisory referendum.,..................1323, 1392, 1484, 1486, 1804
HB 1830 --Fannin County; homestead exemption; certain residents.................1323, 1392, 1484, 1488, 1804
HB 1831 --Pike County; board of commissioners; county manager....................1323, 1392, 1484, 1486, 1804
HB 1832 --Pike County; probate judge; nonpartisan election .............................1323, 1392, 1484, 1489, 1805
HB 1833 --Lumpkin County; chief magistrate; compensation.............................1323, 1392, 1484, 1486, 2038
HB 1834 --Cobb County-Marietta Water Authority; membership; chairperson ...........................................1324, 1392, 1484, 1486
HB 1835 --Valdosta, City of; corporate Iimits..........................l324, 1392, 1484, 1719, 2117 HB 1836 --Chattooga County; homestead exemption;
certain residents................................................1388, 1484, 1648, 1649, 2039 HB 1837 --DeKalb Memorial Stadium Authority Act; repeal .............................1388, 1484,
1648, 1649, 2728 HB 1838 --Substitute teachers; require bachelor's degree.....................................!388, 1484 HB 1839 --Kennesaw, City of; corporate limits .......................1388, 1484, 1648, 1650, 2117 HB 1840 --Northeastern Judicial Circuit;
superior court judges; salary supplement.........................1388, 1484, 1711, 1811, 1895, 1898, 2728
HB 1841 --Northeastern Judicial Circuit; district attorney; salary supplement............................................1389, 1484, 1648, 1650, 2039
HB 1842 --Madison County; certain officials; salary supplement.......................1389, 1484, 1648, 1650, 2117
HB 1843 --Lee County; chief magistrate; nonpartisan election...........................1389, 1484, 1648, 1649, 2039
HB 1844 --Lee County; probate judge; nonpartisan election...............................1389, 1484, 1648, 1649, 2039
HB 1845 --Lee County; magistrate court; law library fee.....................................!389, 1484, 1648, 1650, 2039
HB 1846 --Macon County; boards of commissioners and education; districts............................................l389, 1484, 1648, 1650, 2039
HB 1847 --Lee County; utilities authority; members; compensation..................1389, 1484, 1648, 1650, 2039
HB 1848 --Water resources; animal feeding operations; moratoria .....................1324, 1392 HB 1849 --Macon-Bibb County; joint board of health;
repeal amendment creating.............................1389, 1484, 1648, 1651, 2039 HB 1850 --Bremen, City of, and Haralson County;
hospital authority; members ...........................1390, 1484, 1648, 1651, 2039 HB 1851 --Waco, Town of; corporate limits .............................1390, 1484, 1648, 1651, 2039 HB 1852 --Twiggs County; superior court clerk and
employees; compensation...........................................1390, 1484, 1648, 1651 HB 1853 --Twiggs County; coroner; compensation ............................1390, 1484, 1648, 1651 HB 1854 --Twiggs County; chief magistrate; compensation.................................1390, 1484,
1648, 1651
HB 1855 --Twiggs County; board of commissioners; compensation ...................1390, 1484, 1648, 1651
HB 1856 --Twiggs County; sheriff and employees; compensation ......................1390, 1484, 1648, 1652
HB 1857 --Twiggs County; tax commissioner and employees;

3000

INDEX

compensation ...............................................................1390, 1484, 1648, 1652 HB 1858 --Twiggs County; probate court judge and employees;
compensation ...............................................................1391, 1484, 1648, 1652 HB 1859 --Poulan, City of; new charter....................................!391, 1484, 1648, 1652, 2040 HB 1860 --Jasper County; board of education; districts.......................................l391, 1484,
1648, 1652, 2117 HB 1861 --Monroe County; coroner; compensation.................!391, 1484, 1648, 1652, 2040 HB 1862 --Jasper County; homestead exemption; certain residents ..................1391, 1484,
1648, 1653, 2118 HB 1863 --Donalsonville, City of; city council districts........................................l481, 1647,
1718, 1719, 2118 HB 1864 --Georgia Workers' Compensation Uninsured
Employers' Trust Fund Act; enact................................................!481, 1647 HB 1865 --Telephones; certain recordings; require beeping tone ........................1482, 1647
HB 1866 --DeKalb County; family court division; authorize as pilot project................................................................1482, 1647
HB 1867 --Gwinnett County; juvenile court judge; compensation ...............................................................1482, 1647, 1783, 1798
HB 1868 --Gwinnett County; chief magistrate; compensation ...............................................................1482, 1647, 1783, 1798
HB 1869 --Gwinnett County; certain county officers; compensation ...............................................................1482, 1647, 1783, 1799
HB 1870 --Gwinnett County; state court judges and solicitor; compensation...............................................1482, 1647, 1783, 1799
HB 1871 --Gwinnett County; recorder's court; certain officials; compensation ...............................................................1483, 1647, 1783, 1799
HB 1872 --Wills; certain persons; intestate succession; year's support...................................................................................1483, 1647
HB 1873 --Fort Gaines, City of; new charter ...........................1483, 1647, 1718, 1719, 2277 HB 1874 --Gwinnett County; hospital authority; vacancies.................................1483, 1647,
1718, 1719, 2118
HB 1875 --Cobb County; state court clerk and chief deputy clerk; compensation.....................................................1644, 1717, 1783, 1799, 2728
HB 1876 --Upson County; water and sewerage authority; create........................!644, 1717, 1783, 1800, 2728
HB 1877 --Cobb County; superior court deputy clerk; compensation .....................................................1644, 1717, 1783, 1800, 2728
HB 1878 --Insurance; certain premium taxes; abate to zero.................................1644, 1717 HB 1879 --Driver's licenses; implied consent;
notice on license and application..................................................1644, 1717
HB 1880 --Quality basic education; certain funds; spend on media center materials...................................................1645, 1717
HB 1881 --Former prisoners of war; ad valorem tax exemption; motor vehicles..............................................................1645, 1717
HB 1882 --Geneva, City of; new charter ...................................1645, 1717, 1783, 1800, 2277 HB 1883 --Acworth, City of; corporate Iimits...........................l645, 1717, 1783, 1800, 2728 HB 1884 --Mclntosh County; board of education; compensation.......................1645, 1717,
1783, 1800, 2360, 2378
HB 1885 --Atlanta, City of; corporate limits...........................................................1645, 1717 HB 1886 --Hapeville, City of; corporate Iimits........................................................l645, 1717
HB 1887 --Dallas, City of; dismissal of certain officials; amend provisions ..............................1645, 1717, 1783, 1801, 2277
HB 1888 --Childhood Lead Exposure Control Act; enact .....................................1646, 1717
HB 1889 --Jefferson County; state court solicitor-
general; compensation......................................1646, 1717, 1783, 1801, 2277 HB 1890 --Jefferson County; state court judge; compensation............................1646, 1717,
1783, 1801, 2277

INDEX

3001

HB 1891 --Bremen, City of; municipal court; amend provisions.........................1646, 1717, 1783, 1801, 2277
HB 1892 --Cohutta, City of; annexation....................................l646, 1717, 1783, 1802, 2277 HB 1893 --Nannies; licensing.....................................................................................1646, 1717 HB 1894 --Blue Ridge Judicial Circuit; judges; compensation............................1646, 1718,
1811, 1895, 1899, 2728 HB 1895 --Madison County; board of commissioners; compensation.................1713, 1781,
1895, 1899, 2728 HB 1896 --Norman Park, City of; mayor and council; terms ..............................1713, 1781,
1895, 1899, 2728 HB 1897 --Bryan County; probate court judge; compensation............................1713, 1781,
1895, 1899, 2729 HB 1898 --Atlanta Water and Sewer Authority Act; enact ..................................1713, 1781 HB 1899 --Computers; generation of incorrect date;
prohibit certain causes of action ...................................................1713, 1781 HB 1900 --Woodstock, City of; mayor and council; election; terms ...................1714, 1781,
1895, 1899, 2729 HB 1901 --Stephens County; board of commissioners; compensation................1647, 1718,
1783, 1802, 2277 HB 1902 --White County; land use regulations; advisory
referendum........................................................,1714, 1781, 1895, 1899, 2729 HB 1903 --Metropolitan area planning and development
commissions; membership..............................................................1714, 1781 HB 1904 --Greene County; board of commissioners; county manager...............1714, 1781,
1895, 1900, 2729 HB 1905 --Catoosa County; board of utilities
commissioners; compensation .........................1714, 1781, 1895, 1900, 2729 HB 1906 --Cobb County; board of education; districts.....................!714, 1781, 1895, 1900 HB 1907 --Torts; implanting of certain devices;
physicians' immunity.......................................................................1715, 1781 HB 1908 --Telfair-Wheeler Airport Authority; create...........................................!715, 1781,
1895, 1900, 2729 HB 1909 --Monticello, City of; corporate Iimits.......................l715, 1781, 1895, 1900, 2729 HB 1910 --Tyrone, Town of; type government; advisory
referendum.........................................................!715, 1781, 1895, 1900, 2729 HB 1911 --Lithia Springs, City of; deannex certain
property ........................................................................1715, 1781, 1895, 1901 HB 1912 --Dade County; homestead exemption; certain residents.....................1715, 1781,
1895, 1901, 2729 HB 1913 --Dawson County; board of elections and
registration; create..................................!715, 1781, 1895, 1901, 2360, 2370 HB 1914 --Meriwether County; probate judge serve as
chief magistrate...........................................................1715, 1781, 1895, 1901 HB 1915 --Columbia County; coroner; compensation ...........................................1716, 1781,
1895, 1901, 2131, 2331, 2735 HB 1916 --Ware County; homestead exemption; certain residents ....................1716, 1781,
1895, 1901, 2730 HB 1917 --Ware County; homestead exemption; certain residents ....................1716, 1781,
1895, 1902, 2730 HB 1918 --Waycross, City of; homestead exemption;
certain residents................................................l716, 1781, 1895, 1902, 2730 HB 1919 --Catoosa County; board of utilities commissioners; amend
provisions ...........................................................1716, 1781, 1895, 1902, 2730
HB 1920 --Walker County; homestead exemption; certain residents.................1716, 1781,
1895, 1902, 2730
HB 1921 --Chickamauga, City of; homestead exemption;
certain residents................................................l716, 1781, 1895, 1902, 2730

3002

INDEX

HB 1922 --Walker County; homestead exemption; certain residents.................1717, 1781, 1896, 1903, 2730
HB 1923 --Bacon County; state court; create...............................................!717, 1781, 1896, 1903, 2360, 2376
HB 1924 --Gwinnett County; prohibit use of public funds for medical exams ............................................1717, 1781, 1896, 1903
HB 1925 --Ellijay-Gilmer County Water and Sewerage Authority; membership....................................1780, 1894, 2027, 2036, 2730
HB 1926 --Sugar Hill, City of; corporate limits.......................1780, 1894, 2027, 2037, 2731 HB 1927 --Chatham Area Transit Authority; repeal
certain provisions .............................................................................1780, 1894 HB 1928 --Chatham County; transit services; repeal
certain provisions.............................................................................1780, 1894 HB 1929 --Cobb County; certain drug rehabilitation
facilities; require approval ..............................................................2114, 2276 HB 1930 --Serious injury by vehicle; include fractures
and bruises........................................................................................2114, 2276
HB 1931 --DeKalb County; referendum; general contractors' licenses.........................................................................2114, 2276
HB 1932 --Juvenile proceedings; child not competent; amend provisions....................2276

PART
HOUSE RESOLUTIONS
HR 1 --Initiative petition process - CA..............................................................No Action HR 2 --General Assembly proceedings; urge
live coverage by cable television ....................................................No Action HR 3 --Crime victims' rights; General Assembly
provide by general law for enforcement - CA..............................No Action HR 4 --Crime victims' rights; enactment provisions - CA...........................................544 HR 5 --State budget; limit growth to gross
state product growth - CA..............................................................No Action HR 6 --Ad valorem tax; limit millage rate
and property value increases - CA ................................................No Action HR 7 --Ad valorem tax; limit millage rate
and property value increases - CA................................................No Action HR 17 --Rules; amend Rule 146 ............................................................................No Action HR 18 --Glennville Mite Girls 1996 All-Star
Softball Team; invite to House......................................................No Action HR 19 --House Income Tax Study Committee; create.......................................No Action HR 20 --House Study Committee on Homelessness
in Georgia; create .............................................................................No Action HR 23 --General bills increasing revenue;
two-thirds vote required - CA........................................................No Action HR 24 --Rules; amend Rule 118 ............................................................................No Action HR 25 --Rules; add Rule 115.1...............................................................................No Action HR 26 --Rules; add Rule 58.1.................................................................................No Action HR 27 --Rules; amend Rule 29 ..............................................................................No Action HR 31 --Rules; add Rule 28.1.................................................................................No Action HR 32 --Habeas corpus; prohibit use as certain challenge - CA ......................No Action HR 33 --House Study Committee on Paternal
Responsibility; create.......................................................................No Action HR 40 --Rules; amend Rule 171 ............................................................................No Action HR 41 --Ad valorem tax for school purposes;
20 mill statewide limitation - CA..................................................No Action HR 42 --Certain criminals; sentences; General
Assembly provide by general law for full service - CA................................................................................No Action HR 45 --Gingrich, Honorable Newt L.; invite to House ....................................No Action HR 46 --State budget; limit growth to gross state product growth; excess revenue - CA............................................No Action HR 50 --Rules; amend Rule 6 ................................................................................No Action HR 51 --Casino gambling; General Assembly provide by law - CA.................No Action HR 52 --Beer and wine; Sunday sales statewide - CA .......................................No Action HR 53 --Pari-mutuel wagering at horsetracks - CA ...........................................No Action HR 78 --State school superintendent; term limits - CA ....................................No Action HR 79 --Rules; amend Rule 58 ..............................................................................No Action

3004

INDEX

HR 81 --Rules; amend Rule 58 ..............................................................................No Action HR 108 --Ad valorem tax; motor vehicles;
General Assembly provide by general law - CA..........................No Action HR 111 --Death penalty; commutation to life
imprisonment; prohibit pardon or parole - CA...........................No Action HR 114 --Child molestation; sentencing - CA.......................................................No Action HR 115 --Gingrich, U. S. Representative Newton L.;
effect of actions on Kennesaw State University Foundation; remedies...................................................No Action HR 133 --Rules; amend.............................................................................................No Action HR 134 --Rules; amend Rule 112 ............................................................................No Action HR 135 --Rules; amend Rules 134 and 139............................................................No Action HR 136 --Rules; amend Rule 114 ............................................................................No Action HR 137 --Rules; amend Rule 118 ............................................................................No Action HR 138 --Rules; amend Rule 8 ................................................................................No Action HR 143 --Initiative petition process - CA ..............................................................No Action HR 144 --Henry, Donnie; compensate ....................................................................No Action HR 158 --General bills increasing revenue; two-thirds vote required - CA........................................................No Action HR 160 --House Hunter Notification Study Committee; create ........................No Action HR 161 --Brinson, Deborah Ann Joyce; compensate............................................No Action HR 162 --Rules; amend Rule 58 ..............................................................................No Action HR 163 --Alpha Kappa Alpha Sorority, Inc., and Dr. Lucretia Payton-Stewart; invite to House.............................No Action HR 166 --Joint Study Committee on State Spending for Private Counsel; create .............................................................No Action HR 171 --State highway employees; indemnification - CA .................................No Action HR 172 --State health insurance system; General Assembly provide by general law - CA.........................................No Action HR 173 --Civil cases; six-member juries; General Assembly prescribe - CA..................................................No Action HR 175 --Natural resources; protection; urge amendment to U. S. Constitution .................................................No Action HR 215 --"George W. Ross Highway"; designate..................................................No Action HR 218 --Emergency management, preparedness, and assistance trust fund; authority to create - CA..........................................................211 HR 219 --Tax relief; General Assembly provide by general law - CA.........................................................................No Action HR 222 --Ad valorem tax; millage rates; limitations; increases; require referendum - CA...............................................No Action HR 223 --Initiative petition process - CA ..............................................................No Action HR 224 --Voting Rights Act; preclearance; urge Congress repeal ......................No Action HR 225 --State powers; claim sovereignty under U. S. Constitution ............................................................................No Action HR 226 --Driving under the influence; additional fees; Brain and Spinal Injury Trust Fund - CA..........................No Action HR 243 --Vetoes; General Assembly reconvene for considering - CA ...............No Action HR 253 --Balanced budget amendment; urge Congress submit to states...............................................................No Action HR 255 --Water pollution; nonattainment areas; corrective measures - CA ................................................................No Action HR 256 --Motor vehicles; ad valorem tax;
disposition of certain fees - CA......................................................No Action
HR 257 --Joint Subsequent Injury Trust Fund
Study Committee; create ................................................................No Action
HR 267 --Rules; amend Rule 27 ..............................................................................No Action
HR 270 --Animal Control Trust Fund; create - CA..............................................No Action

INDEX

3005

HR 275 --Georgia flag; removal by New York State Legislature from their state flag display; relative to............................................................................No Action
HR 292 --"Lacoda Trail Memorial Parkway"; designate Georgia Highway 334................................................................188, 540, 2280
HR 293 --U. S. Department of Agriculture; wheat quarantine; urge elimination of planned use ...............................No Action
HR 297 --Joint Hotel-Motel Tax Study Committee; create................................No Action HR 298 --Brook Run; commend...............................................................................No Action HR 312 --Federal military budget; shift money to
states for domestic use ....................................................................No Action HR 343 --Gwinnett County; library system; urge board
of commissioners take certain action............................................No Action HR 344 --Harvey R. Greene Bridge; designate......................................................No Action HR 359 --Moore, Judge Roy; urge support............................................................No Action HR 361 --Balanced budget amendment; urge Congress
submit for ratification.....................................................................No Action HR 364 --Health Care Study Commission; create ................................................No Action HR 394 --Joint Study Committee on Hunger; create...........................................No Action HR 395 --Rail Passenger Authority; study passenger rail service ......................No Action HR 396 --Ineligibility to hold elective office;
felony conviction; exception - CA..................................................No Action HR 397 --House Study Committee on Group Self-insurance
and Captive Insurers Guaranty Funds; create ............................No Action HR 400 --Savannah St. Patrick's Day Parade
Committee; invite representatives to House ................................No Action
HR 414 --Public school teachers, administrators, and employees; indemnification - CA...........................................No Action
HR 415 --Lead Poisoning Prevention Week; recognize third week in August......................................................No Action
HR 422 --Railroad crossings in Marietta; urge CSX reopen...............................No Action HR 424 --Captain Henry Will Jones Bridge; designate .......................................No Action HR 434 --Woodstock Centennial Parkway; designate ..........................................No Action HR 464 --Joint Georgia Transportation Study Committee; create ....................No Action HR 465 --House Study Committee on Business
Incentives for Agriculture; create ..................................................No Action HR 466 --John Marshall Legal Aid Clinic; urge
state funds to support.....................................................................No Action HR 467 --Lead Poisoning Prevention Week;
recognize third week in July ..............................................................390, 745
HR 470 --Highways; interstate exits; urge Department of Transportation change marking system...................................No Action
HR 481 --Rules; amend Rule 58 ..............................................................................No Action
HR 482 --Riverstone Parkway; designate portion of Ball Ground Highway ......................................................................No Action
HR 483 --Aged and Disabled Transportation Task Force; re-create .................No Action HR 484 --Pfc James Robert Googe Memorial Bridge; designate........................No Action HR 485 --Pfc Clarence Loman Gaskins Memorial Bridge; designate ................No Action HR 486 --Corporal Wherry L. "Dub" Abercrombie
Memorial Bridge; designate............................................................No Action HR 488 --House 911 Systems Funding Study Committee; create......................No Action HR 516 --Local public school systems; General
Assembly provide for finance and support - CA.........................No Action
HR 528 --American Indian Awareness Month; recognize month of November .......................................................No Action
HR 529 --American Indian Awareness Month; recognize month of November .......................................................No Action

3006

INDEX

HR 569 --Atlanta-Fulton County Stadium; request reexamination of its future.............................................................No Action
HR 570 --House County Extension Family and Consumer Science Agent Study Committee; create ...................No Action
HR 573 --House Study Committee on Transportation; create ...........................No Action HR 581 --Sales tax; foods and beverages exempted;
urge posting of signs by dealers.....................................................No Action HR 583 --Culloden Highland Games and Scottish
Festival; invite certain officials and members to House....................................................................No Action HR 590 --House Study Committee on Juvenile Justice; create..........................No Action HR 591 --Ad valorem tax; fair market value; acquisition date - CA.......................................................................No Action HR 608 --House Study Committee on the Atlanta Wastewater System; create.............................................................No Action HR 609 --House Study Committee on Early Childhood Immunization; create.......................................................................2115, 2234 HR 610 --House Teen Courts Study Committee; create......................................No Action HR 611 --Ben Jessup Bridge; urge designation by Department of Transportation.......................................................No Action HR 617 --Ham, Geraldine G.; invite to House ......................................................No Action HR 620 --Pfc Clarence Loman Gaskins Memorial Bridge; urge Department of Transportation to name ................No Action HR 621 --Corporal Wherry L. "Dub" Abercrombie Memorial Bridge; urge Department of Transportation to name .............................................................No Action HR 622 --Pfc James Robert Googe Memorial Bridge; urge Department of Transportation to name ..............................No Action HR 648 --Statues on Capitol grounds; urge certain action relative to.............................41 HR 649 --House Competitive Electric Service Study Committee; create .......................41 HR 703 --Education funding; 3% sales tax; repeal ad valorem tax - CA.......................41 HR 720 --Rules of House; amend Rule 13.....................................................................40, 47 HR 721 --Pardons and paroles; limit authority of state board and governor - CA.................................................Prefiled Only HR 722 --Abernathy, Senator Ralph David, III; vote impeachment charges ..............................................................................40, 47 HR 723 --Smyrna, City of; invite officials to House.......................................Prefiled Only HR 724 --Joint Personal Income Tax Elimination Study Commission; create ..................................................................154, 182 HR 725 --Notify Senate; House convened............................................................................31 HR 726 --Notify Governor; General Assembly convened ............................................31, 42 HR 727 --Joint session; Governor's budget message ....................................................31, 42 HR 728 --Joint session; Governor's state of the state message ..................................32, 42 HR 729 --Joint session; Governor's message; invite Supreme Court Justices and Appeals Court Judges ..........................32, 43 HR 730 --Joint session; message from Chief Justice of Supreme Court...................32, 43 HR 731 --Georgia DUI Study Commission; create...............................................40, 47, 283 HR 732 --Georgia Wildflower Project Trust Fund; create - CA ........................40, 47, 255 HR 733 --Guy's Automotive; compensate .......................................40, 48, 1392, 1582, 2121 HR 734 --Tobacco Industry Payments Trust Fund; create - CA.......................40, 48, 788 HR 735 --Boards of education; receive half of certain impact fees - CA.........................................................................41, 48
HR 736 --Wilson, Ellen Louise Axson; place portrait in capitol ................................41, 48
HR 737 --4-H day at state capitol; observe.............................................................41, 62, 74
HR 738 --Edwards, James Don, Ph.D.; invite to House........................................41, 62, 74
HR 739 --Adams, Dr. Michael F.; invite to House .................................................42, 62, 74
HR 740 --Lassiter High School Marching Trojan

INDEX

3007

Band; invite to House...................................................................42, 109, 143 HR 741 --"Reddish-Warren Bypass"; designate portion
of Highway 23..................................................................47, 73, 188, 275, 967 HR 742 --Blue Ribbon Commission on State
Government Facilities; create .....................................47, 73, 624, 889, 2121 HR 743 --Norcross High School Concert Band; invite to House.....................48, 109, 143 HR 744 --Homestead option sales and use tax; General
Assembly provide by general law - CA.................................................72, 98 HR 745 --Bush, Geary; commend..........................................................................................59 HR 746 --Emergency Medical Services Recognition Day; observe...................................59 HR 747 --Wiles, Ryan M.; commend.....................................................................................59 HR 748 --Athens-Clarke County Department of Police
Services and Chief Joseph H. Lumpkin; commend..................................60 HR 749 --Goizueta, Roberto C.; condolences.......................................................................60 HR 750 --James, D. Ray; commend.......................................................................................60 HR 751 --Ashley, Jane; commend ...................................................................................60, 99 HR 752 --Chapman, Frankie Wilson; commend..................................................................60 HR 753 --Bickmore, Lisa; commend......................................................................................60 HR 754 --Taylor, Wes; commend...........................................................................................60 HR 755 --Blankenship, Danielle; commend .........................................................................60 HR 756 --Fletcher, Will; commend........................................................................................60 HR 757 --Boyd, Walter Brock; commend.............................................................................60 HR 758 --Fannin, William Coleman; commend...................................................................60 HR 759 --Dye, Clinton J.; commend .....................................................................................60 HR 760 --McKissick, Chase; commend.................................................................................60 HR 761 --Edwards. George Wallace III; commend .............................................................61 HR 762 --Walker School Wolverines Men's Soccer Team; commend..............................61 HR 763 --First Baptist Church of Springfield; commend..................................................61 HR 764 --Phelps, Wesley Steven; commend........................................................................61 HR 765 --Richardson, Kibbie; commend ..............................................................................61 HR 766 --Mabry, Honorable W. L. "Pug"; commend ........................................................61 HR 767 --Barnette, Justin; commend ...................................................................................61 HR 768 --Manual, Trayvis; commend...................................................................................61 HR 769 --Stewart, Natalie; commend ...................................................................................61 HR 770 --Shumans, Derek; commend ...................................................................................61 HR 771 --Scott, Brandelyn; commend..................................................................................61 HR 772 --Thornton, Brandi; commend.................................................................................61 HR 773 --Brooks, Justin; commend.......................................................................................61 HR 774 --Eason, J. B. commend............................................................................................61 HR 775 --Peabody, Debra; commend....................................................................................62 HR 776 --Parkview High School Panthers football team; commend ...............................62 HR 777 --Parkview High School Panthers football
team; invite to House....................................................................48, 135, 143 HR 778 --Tift County; grant deed to Tift County
Development Authority................................................72, 98, 291, 472, 1045 HR 779 --Education funding; repeal ad valorem
tax; impose 3% sales tax - CA.............................................................96, 119 HR 780 --House Protection of Children from
Sexual Abuse Study Committee; create .............................................96, 119 HR 781 --Joint Public Retirement System Study Committee; create.....................97, 119 HR 782 --Bennett, Ann C.; compensate........................................97, 119, 1392, 1582, 2121 HR 783 --Cox, George; compensate................................................97, 119, 1392, 1581, 2121
HR 784 --Fogg, E. C. Ill; compensate ...........................................97, 119, 1392, 1581, 2121
HR 785 --Cox, Ronnie; compensate ...............................................97, 119, 1392, 1581, 2121
HR 786 --Harrell, Jimmy W.; compensate....................................97, 119, 1392, 1581, 2121
HR 787 --Heard, R. G.; compensate ..............................................97, 119, 1392, 1581, 2121
HR 788 --Byrd, Emma Lee; compensate.......................................97, 119, 1392, 1581, 2121

3008

INDEX

HR 789 --Hayes, James A.; compensate........................................97, 119, 1392, 1581, 2122 HR 790 --Bradbury, Tom; compensate..........................................97, 119, 1392, 1581, 2122 HR 791 --Smith, Deen Day; invite to House.......................................................75, 109, 143 HR 792 --Andrews, Rosalie; invite to House.......................................................75, 109, 159 HR 793 --Cline, Marguerite Thigpen; commend.................................................................77 HR 794 --Buchanan, Wade Talmadge; commend ...............................................................77 HR 795 --Dobbs, Byron Lamar; commend...........................................................................77 HR 796 --Bryant, Wylene; commend ....................................................................................77 HR 797 --Eberhart, Dan; commend.......................................................................................?? HR 798 --Guy, Wanda; commend..........................................................................................77 HR 799 --Save Our Kids; commend......................................................................................77 HR 800 --Reams, Shirley C.; commend ................................................................................77 HR 801 --Allison, Ollivette and the Carrie
Steele-Pitts Home; commend.......................................................................?? HR 802 --DeWitt, Al; condolences.........................................................................................?? HR 803 --Schwabe, Herbert L.; condolences........................................................................?? HR 804 --Smalls, Samuel; condolences.................................................................................78 HR 805 --Burgstiner, Dr. Carson B. "Bucky"; condolences ..............................................78 HR 806 --Atlanta Athletic Club; commend..........................................................................?8 HR 807 --Dinkheller, Kyle Wayne; condolences..................................................................99 HR 808 --Lively, Ralph Aford; commend.............................................................................99 HR 809 --Smyrna, City of; invite officials to House........................................100, 256, 270 HR 810 --Adjournment; relative to .............................................................................106, 127 HR 811 --Georgia; agricultural disaster area;
urge Congress declare .................................................................118, 134, 144
HR 812 --Dewey D. Rush Highway, Clinton Oliver Highway, and Romie Waters Highway; designate ..........................................................118, 134, 188, 524, 2040, 2484
HR 813 --"George T. Smith Highway"; designate...................................................118, 134, 188, 249, 967, 2481
HR 814 --Ad valorem tax; levy on tangible property; eliminate - CA ......................................................................................118, 134
HR 815 --Ad valorem tax; certain increases; limitation - CA.................................118, 134
HR 816 --Real property; market value at acquisition; appraisal - CA.......................................................................................118, 134
HR 817 --State funds; use for performance bonuses - CA......................................119, 134 HR 818 --Jordan, N. W. "Newt"; commend......................................................................121 HR 819 --Weston, Rev. Agnes Louise; condolences..........................................................121 HR 820 --Owens, Bishop Chandler D.; commend .............................................................121 HR 821 --Smith, Deen Day; commend................................................................................!21 HR 822 --Data General's Customer Service Center; welcome.........................................121 HR 823 --Barry, Dr. Lance D.; commend...........................................................................!21
HR 824 --Ad valorem tax; appraisals; continuing use of property - CA............................................................................133, 155
HR 825 --Franklin, Bibb, and Richmond counties; convey property ..............................................133, 155, 291, 590, 1906, 2539
HR 826 --Ad valorem tax; property appraisal; purchase price value - CA ..................................................................133, 155
HR 827 --Ad valorem tax; appraisal; acquisition date value - CA.........................133, 155 HR 828 --Paulding County; convey property ....................................................133, 155, 291 HR 829 --Bibb County; convey property ...................................................133, 155, 291, 751 HR 830 --Ad valorem tax; exempt certain retail inventory - CA...........................133, 155
HR 831 --Bills and resolutions; passage; require repeal of statutes - CA........................................................................134, 155
HR 832 --Kuchar, Matt; commend.....................................................-................................143
HR 833 --Kuchar, Matt; invite to House...........................................................137, 137, 143
HR 834 --Alpha Kappa Alpha Sorority, Inc; invite

INDEX

3009

Dr. Lucretia Payton-Stewart to House ....................................137, 187, 197 HR 835 --McCoy, Chris; invite to House...........................................................137, 187, 197 HR 836 --Georgia Farm Bureau Federation; invite
president to House ......................................................................137, 156, 159 HR 837 --Torbert, Wanda; compensate.......................................l54, 182, 1392, 1582, 2122 HR 838 --Rules of House; amend Rule 164...............................................................154, 182 HR 839 --Live coverage of General Assembly; urge
cable television provide.......................................................................154, 182 HR 840 --General Assembly and certain statewide
officials; term limits - CA...................................................................154, 182 HR 841 --Geriatrics; urge Board of Regents establish
certain curricula...........................................................................155, 182, 718 HR 842 --Red imported fire ant; urge federal
government increase funds to eradicate..........................................155, 182, 255, 732, 1090
HR 843 --Tomato Spotted Wilt Virus; urge federal government increase funds for eradication .....................................155, 182, 263, 733, 1090
HR 844 --Vickie E. Bell Memorial Bridge; designate .....................155, 182, 188, 282, 502 HR 845 --Hancock, Ralph; commend..................................................................................!43 HR 846 --Ivester, M. Douglas; invite to House.................................................l37, 187, 197 HR 847 --David P. Ridgeway Bridge; designate ..........................155, 182, 291, 1104, 2280 HR 848 --Ivester, M. Douglas; invite to House.................................................l37, 187, 197 HR 849 --House Inmate Costs Reduction Study Committee; create.....................!80, 195 HR 850 --Certain students; General Assembly
provide educational grants to parents - CA ....................................180, 195 HR 851 --Postsecondary schools; certain unpaid
work; prohibit - CA .............................................................................181, 195 HR 852 --Water resources authority; authorize
General Assembly to create - CA......................................................181, 195 HR 853 --Huff, Sheriff Henry "Bo"; invite to House......................................171, 256, 270 HR 854 --"Girls and Women in Sports Day"; recognize
February 5, 1998; invite certain female athletes to House.........................................................................l71, 392, 405 HR 855 --Curtis Lee Marion Bridge; designate ................................................181, 195, 291 HR 856 --Federal Crop Insurance Program; urge federal government revise laws...............................181, 195, 255, 563, 2281 HR 857 --National Council of Negro Women; recognize; invite certain members to House..............................................171, 761, 764 HR 858 --Porch, Ludlow; invite to House .........................................................171, 756, 764 HR 859 --Sergeant J. D. "Eddie" Miles Bridge; designate .............................181, 195, 291 HR 860 --Johnny Wheeler Bridge; designate....................................................181, 195, 291 HR 861 --Chandler, Meredith (Merry) B.; compensate..........................................181, 195,
1392, 1582, 2122
HR 862 --Senior Week at the Capitol; declare the week of January 26-30, 1998.......................................................................186
HR 863 --Georgia National Guard Day; declare; invite Major General Bland to House ......................................186, 204, 215
HR 864 --DePaolo, Dr. Rosemary; invite to House..........................................l86, 204, 215 HR 865 --Person's exercise of religion; prohibit
governmental burden - CA.......................................................194, 210, 1123 HR 866 --Cummings, Loretta; compensate.................................194, 210, 1392, 1582, 2122
HR 867 --Douglas Lions Club; commend...................................................................l86, 213
HR 868 --Burnsed, E. James; commend .............................................................................186
HR 869 --Bishop, Congressman Sanford; invite to House ..............................197, 283, 295
HR 870 --North Forsyth High School girls softball team; invite to House ..................................................................................199

3010

INDEX

HR 871 --"The Year of the Taxpayer"; proclaim 1998............................................209, 234 HR 872 --Worldwide Cancer Prayer Day; urge observance..................209, 234, 454, 1013 HR 873 --Georgia ROTC Cadets; urge participation
in U. S. veterans' memorial services.........................................209, 234, 542 HR 874 --Scrap Tire Management Fee; additional
legislative intent................................................................209, 234, 623, 1033 HR 875 --Programs for periodic released time for
religious instruction; commend..........................................................209, 234 HR 876 --Rules of House; add Rule 172 ....................................................................209, 234 HR 877 --Georgia County Welfare Association, Inc.; commend .....................................199 HR 878 --Georgia Public Television; recognize .................................................................199 HR 879 --Rowe, Trooper First Class Grant G.; commend...............................................!99 HR 880 --Crawford, Drendell; condolences ........................................................................199 HR 881 --Dunbar, Deacon Rayford, Sr.; condolences.......................................................!99 HR 882 --Georgia Horticulture Trade Alliance;
recognize February 3, 1998 .........................................................................200 HR 883 --Cook, Robert; commend.......................................................................................200 HR 884 --Famous Louise's Rock House Restaurant; commend......................................200 HR 885 --Payne, Nina H.; commend...................................................................................200 HR 886 --Smith, Dr. Jane E., Ed.D.; commend ................................................................200 HR 887 --Bennett, Honorable Lawrence L.; commend ....................................................200 HR 888 --Morrison, Brenda G.; condolences......................................................................200 HR 889 --Brandon, Judy; commend....................................................................................200 HR 890 --Gainesville High School baseball team; commend ..........................................200 HR 891 --Dodd, WJ; condolences........................................................................................200 HR 892 --Blacksmith Week in Georgia; recognize March 15-21, 1998 ..........................200 HR 893 --Liver Awareness Month in Georgia; recognize May, 1998..............................200 HR 894 --Roy Lovett Carter Road; recognize honorary designation..............................201 HR 895 --Pfc Winford R. Boatright Road; recognize honorary designation.................201 HR 896 --Cpl. William Harval Benton Bridge;
recognize honorary designation..................................................................201 HR 897 --Donald R. Johnson Road; recognize honorary designation............................201 HR 898 --R. A. Olsteen Road; recognize honorary designation ......................................201 HR 899 --Clarence A. Ellis Road; recognize honorary designation ................................201 HR 900 --James C. Rigdon Road; recognize honorary designation................................201 HR 901 --Charles D. Coley Road; recognize honorary designation ................................201 HR 902 --John R. Pierce Road; recognize honorary designation....................................202 HR 903 --Clifford Ward Wildes Road; recognize honorary designation........................202 HR 904 --Herman Grady Wilcox Road; recognize honorary designation......................202 HR 905 --John D. Waters Road; recognize honorary designation ..................................202 HR 906 --Joseph H. Williams Road; recognize honorary designation ...........................202 HR 907 --Jimmy R. Turner Road; recognize honorary designation...............................202 HR 908 --Avinger, Carrie Cody; condolences.....................................................................202 HR 909 --Johnson, Mary Wilhelmenia; condolences ........................................................202 HR 910 --Baugh, Dr. James E.; commend..........................................................................202 HR 911 --Shipman, Reverend J. C.; commend..................................................................202 HR 912 --Davis, Louis; commend........................................................................................203 HR 913 --Hartzog, Charles; commend.................................................................................203 HR 914 --Fields, Pastor Joseph; commend ........................................................................203 HR 915 --Odum, Pastor Matthew M., Sr.; commend.......................................................203 HR 916 --E. Z. Williams Road; recognize honorary designation.....................................203 HR 917 --Georgia Citizens for the Arts; commend...........................................................203
HR 918 --Goldstein, Dr. Marvin C.; condolences ..............................................................203
HR 919 --Parker, Wesley; condolences ...............................................................................203
HR 920 --Mershon, Sandy; condolences .............................................................................203
HR 921 --Parkins, Rev. Reynell Monsell; condolences.....................................................203
HR 922 --Riley, Senator Diana Harvey Johnson; commend ...........................................203

INDEX

3011

HR 923 --Darnell, Harriett Goldston; condolences ...........................................................203 HR 924 --Gilmer County Day at the State Capitol; recognize........................................203 HR 925 --Pinewood Christian Academy Lady patriots
softball team; commend..............................................................................204 HR 926 --Tookes, Henry Thomas, Jr.; condolences..........................................................204 HR 927 --Adjournment; relative to......................................................................................197 HR 928 --Gatewood Golf Team; invite to House .............................................215, 283, 295 HR 929 --Cook, Robert; invite to House............................................................216, 283, 295 HR 930 --Veterans; post-traumatic stress disorder;
encourage extension of benefits ........................................233, 263, 542, 919 HR 931 --"The Captain Bobbie Brown Highway";
designate portion of Highway 19..........................233, 263, 291, 1343, 2280 HR 932 --Joint County Extension Family and Consumer
Science Agent Study Committee; create..........................................233, 263 HR 933 --Rules of House; amend Rule 37.................................................................234, 263 HR 934 --Ad valorem tax; property appraisal;
acquisition date value - CA................................................................234, 263 HR 935 --Cobb, Gwinnett, Gordon, and Paulding
counties; convey property..............................234, 263, 624, 741, 1129, 2016 HR 936 --Jones, Kurtis; condolences...................................................................................226 HR 937 --Thompson, Reverend Tony, Jr.; condolences...................................................227 HR 938 --Rules of House; amend Rule 37 ................................................210, 234, 543, 766 HR 939 --Sales tax; unlawful collection on food;
urge Department of Revenue take action ........................................234, 263 HR 940 --CREEK Kids of Stephens County Middle
School; invite to House...............................................................237, 454, 465
HR 941 --Manchester High School football team; invite to House.............................................................................237, 256, 270
HR 942 --Education funding; counties impose sales tax; reduce ad valorem tax - CA..............................................262, 290
HR 943 --Tattnall Square Academy football team; invite to House.............................................................................237, 454, 465
HR 944 --Jones, J. C. "Carl"; commend.............................................................................254 HR 945 --Williams, Honorable J. D.; commend................................................................254 HR 946 --Georgia firelighters; observe 26th annual recognition day .............................270 HR 947 --Donnan, Coach Jim; invite to House ................................................273, 454, 465 HR 948 --"African American Business Enterprise Day";
recognize February 12, 1998; invite Georgia Summit to House..........................................................273, 629, 636 HR 949 --Town of Cannonville; invite William S. Cannon VI to House ......................273 HR 950 --Bradford, Marjorie Barnhart; commend ...........................................................270 HR 951 --Barry, Dr. Lance D.; invite to House.................................................................273 HR 952 --Akins, Rhett; invite to House.............................................................273, 454, 465 HR 953 --Gwinnett County; lease property...............................................................289, 399 HR 954 --"W. W. Fincher, Jr., Parkway"; designate..............................289, 399, 549, 887, 2280 HR 955 --"Gerald H. Leonard Parkway"; designate portion of Georgia Highway 52...............................2S9, 399, 549, 888, 2280 HR 956 --Griffis, Henry Elroy; compensate................................289, 399, 1392, 1582, 2122 HR 957 --School systems; authorize mill limitation decrease - CA .......................289, 399 HR 958 --Alice Hawthorne Centennial Olympic Park; designate..................289, 399, 624
HR 959 --Crockett, Veronica and Judy Thompson; invite to House.........................................................................273, 1394, 1404
HR 960 --South Georgia College women's softball team; invite to House..................................................................274, 454, 465
HR 961 --Pinewood Christian Academy Patriots football team; commend..................271
HR 962 --Dougherty, Matthew; commend..........................................................................271

3012

INDEX

HR 963 --Douglas, City of; commend retirees...................................................................271 HR 964 --Hybl, Ryan; commend..........................................................................................271 HR 965 --CREEK Kids of Stephens County; commend..................................................271 HR 966 --Shearer, William H., Jr.; commend....................................................................271 HR 967 --Salter, Mary Etta Arkansas Gunn; commend ..................................................271 HR 968 --Torrescano, Greg; commend................................................................................271 HR 969 --Dukes, Jake; commend.........................................................................................271 HR 970 --Almond, Willie; honor..........................................................................................271 HR 971 --Stripling, Lauren; commend................................................................................271 HR 972 --Hollis, Keith; commend .......................................................................................271 HR 973 --Jesup Police Force and the Wayne County
Sheriffs Department; commend........................................................271, 403 HR 974 --Malone, Patrick Thomas, M. D.; commend......................................................272 HR 975 --Graham, Faye Bennett; commend......................................................................272 HR 976 --Strickland, Susan W.; commend.........................................................................272
HR 977 --Teachers who have died from violence in schools; condolences......................................................................272, 2060
HR 978 --Ashley, Gary; commend .......................................................................................272 HR 979 --Edgar, Honorable Jim; commend.......................................................................272 HR 980 --"Hand in Hand" program; commend ................................................................272 HR 981 --Holder, Jackie; commend.....................................................................................272 HR 982 --Akins, Rhett; commend........................................................................................272 HR 983 --Pidcock, Frank Ramsey, III; condolences .........................................................272 HR 984 --Denmark, Dr. Leila; commend............................................................................272 HR 985 --Boggs, Mr. and Mrs. Henry; commend .............................................................272 HR 986 --Gaines, Tyler; commend ......................................................................................273 HR 987 --Ciraldo, Al; condolences.......................................................................................273 HR 988 --Johnson, Van R. II; commend ............................................................................273 HR 989 --Denmark, Leola "Queen"; commend .................................................................273 HR 990 --Certain store closings in South Fulton
County; reconsider...............................................................................290, 399 HR 991 --Georgia Recreation and Parks Association;
invite representatives to House.................................................295, 454, 465
HR 992 --Georgia Chapter of the American Academy of Pediatrics; invite delegates to House...................................295, 454, 466
HR 993 --Alpha Theta Zeta Chapter of Zeta Phi Beta Sorority, Inc; invite to House.................................,.........295, 454, 466
HR 994 --Glenn Gooch Bypass; designate ....................................398, 426, 549, 1311, 2280 HR 995 --Migrant farm workers; urge U. S. Department
of Labor to ensure adequate number.............................398, 426, 490, 1331
HR 996 --"Pete Wheeler Georgia War Veterans Memorial Complex"; designate ...........................................................398, 426, 542, 646
HR 997 --Parenting books; encourage placement in public libraries ...........................................................................398, 426, 2060
HR 998 --Commission on the 250th Anniversary of a Representative Assembly in Georgia; create...........................................................................399, 426, 491, 589, 1906
HR 999 --Joint Study Committee on High School Technology Career Academies; create ..............................................399, 426
HR 1000 --Stroke Awareness Month; declare May, 1998; Joint Study Committee on the Impact of Strokes on Georgia's Citizens;........................399, 426, 1124, 1344, 2281
HR 1001 --King, Martin Luther, III; invite to House........................................405, 491, 503
HR 1002 --Lottery proceeds; specify purposes for which used - CA..........................................................426, 460, 961, 1148
HR 1003 --Hood, Marsha Mayes; invite to House .............................................405, 756, 764
HR 1004 --State of Georgia and Ivory Coast; declare

INDEX

3013

sister states ................................................................426, 460, 543, 656, 2122 HR 1005 --Turner, Dr. John S.; invite to House................................................405, 658, 731 HR 1006 --Jackson, Rachel; commend..................................................................................419 HR 1007 --Paulk, Gail; commend..........................................................................................419 HR 1008 --Childs, Dauphin Vesro, Jr.; condolences...........................................................419 HR 1009 --McGarity, Harold; condolences...........................................................................419 HR 1010 --Shrader, Phyllis; commend..................................................................................419 HR 1011 --Hildreth, Dr. Ethan J. D.; commend.................................................................419 HR 1012 --Lingam, Sashi Kiran; commend .........................................................................419 HR 1013 --Brisbane, Robert H., Ph.D.; condolences..........................................................420 HR 1014 --Box, Corine Legg; condolences............................................................................420 HR 1015 --Byrd, Henry; commend........................................................................................420 HR 1016 --Williams, Ruth Pope; commend.........................................................................420 HR 1017 --Williamson, Thelma T.; commend .....................................................................420 HR 1018 --Lakewood Baptist Church; commend................................................................420 HR 1019 --Cobble, William E.; condolences.........................................................................420 HR 1020 --Hamrick, Robert H.; commend...........................................................................420 HR 1021 --Turner, Betty Tigner; condolences.....................................................................420 HR 1022 --"Arthritis Awareness Day"; designate March 12, 1998...................................420 HR 1023 --McKinney, Cynthia and Loretta Sanchez;
invite to House.............................................................................432, 543, 560 HR 1024 --Brown, Harold I.; compensate.....................................460, 497, 1392, 1582, 2122 HR 1025 --Henson, John; commend......................................................................................432 HR 1026 --Boggus, Judy and Don, Sr.; commend...............................................................432 HR 1027 --Short, Janet L.; commend...................................................................................432 HR 1028 --Goddard, Major General Richard N.; invite to House...................454, 543, 560 HR 1029 --Donald Ridley Bridge; designate...................................496, 548, 909, 1240, 2280 HR 1030 --Georgia Peach Festival; invite Susan Jordan to House .................490, 543, 560 HR 1031 --"George B. Culpepper Highway"; designate.........................496, 548, 909, 1035, 1723 HR 1032 --Federal highway trust funds; express
consensus regarding Georgia's share ................................496, 548, 549, 890 HR 1033 --Dent, Jerrylyn G. Griffin Walker; commend ...........................................511, 634 HR 1034 --William Jackson "Moogie" Lee Highway;
designate.....................................................................548, 629, 909, 971, 2040 HR 1035 --Vetoes; General Assembly reconvene for
considering - CA..............................................................548, 629, 1394, 1634 HR 1036 --Jordan, Major Bruce Lamar; commend.............................................................541 HR 1037 --Edwards, Hallie Ward; commend.......................................................................541 HR 1038 --Georgia Institute of Technology 1997
football team and coach, George O'Leary; commend.............................541 HR 1039 --Beall, Joseph McCageor, Sr.; commend ............................................................541 HR 1040 --Guthrie, Bishop Nealon; commend....................................................................541 HR 1041 --Shorter, Honorable Wesley L.; commend .........................................................541 HR 1042 --Rodgers, Elwyn; commend ..................................................................................541 HR 1043 --Edwards, Bill; commend......................................................................................542 HR 1044 --Britt, Van; commend............................................................................................542 HR 1045 --Rausch, Timothy S.; commend...........................................................................542 HR 1046 --Hughes Spalding Children's Hospital; commend.............................................542 HR 1047 --Dwozan, Marci; invite to House.........................................................561, 756, 764 HR 1048 --Cordele-Crisp County Fish Fry; invite representatives to House .................561 HR 1049 --Thomas County Central High School 1997
football team; invite to House...................................................561, 756, 764
HR 1050 --Gilmer County High School Band; invite
director to House.........................................................................561, 756, 764
HR 1051 --Chatham County; grant easement.....................................................628, 726, 909
HR 1052 --Rogers, Brittney; invite to House......................................................636, 756, 764

3014

INDEX

HR 1053 --Little, Candice; invite to House.........................................................636, 756, 764 HR 1054 --"Lauren 'Bubba' McDonald Parkway";
Veterans' Memorial Parkway; designate...................................................................724, 759, 909, 1034, 2280 HR 1055 --Crawford, Ms. Ailerua A. Newsome; compensate.............................................................724, 759, 1392, 1582, 2122 HR 1056 --House Study Committee on Child Support Collection; create..............724, 759 HR 1057 --Thomas, Kenneth H., Jr.; commend..................................................................717 HR 1058 --Hawkins, B. L.; condolences................................................................................717 HR 1059 --Clark, Rudolph; commend...................................................................................717 HR 1060 --Northgate High School Marching Band; commend.........................................7l7 HR 1061 --International Longshoremen's Association Local 1414; commend................717 HR 1062 --Estep, Sean; commend.........................................................................................717 HR 1063 --Carwell, Mary Elizabeth; condolences ...............................................................717 HR 1064 --Reverend Joseph Edward Grizzle Bridge; designate...................................................................725, 760, 909, 1079, 2280 HR 1065 --Representative from the 3rd district; reprimand ....................................725, 760 HR 1066 --Joint Highway Safety Study Committee; create.......................................................................725, 760, 1124, 1342, 1906 HR 1067 --Fulton County; lease property ............................725, 760, 909, 1034, 1724, 2001 HR 1068 --Sales tax for educational purposes; imposition - CA..............................725, 760 HR 1069 --Georgia Humanities Council; invite Dr. Jamil S. Zainaldin to House ...............................................753, 765, 765 HR 1070 --Gainesville High School baseball team; invite to House.............................................................................753, 765, 765 HR 1071 --Georgia's First Lady, Shirley Miller; invite to House.............................................................................753, 765, 766 HR 1072 --Katz, Edward R.; condolences ............................................................................752 HR 1073 --Local government; records management improvement; commend ...............754 HR 1074 --Marietta railroad crossings; urge CSX reopen .................................................754 HR 1075 --Great Jubilee Year of 2000; commend ......................................................754, 795 HR 1076 --Butler, Joseph Burton; commend.......................................................................754 HR 1077 --Johnson, Honorable Jere; commend ..................................................................754 HR 1078 --"Motorcycle Awareness and You Month"; recognize May, 1998...................754
HR 1079 --Sharpsburg Sharpshooters Sons of Confederate Veterans Camp #1729; commend .......................................754
HR 1080 --Glover, Renee Lewis and the Atlanta Housing Authority; commend ..........754
HR 1081 --"Health Care for Rural and Underserved Georgians Day"; recognize..........................................................................754
HR 1082 --State of Israel; commend.....................................................................................755 HR 1083 --Shaw, Dorothy R.; commend...............................................................................755 HR 1084 --Chapman, Harry; commend ................................................................................755 HR 1085 --Grier, Reverend J. D., Jr.; condolences .............................................................755 HR 1086 --Parr, Candace; commend.....................................................................................755 HR 1087 --Smith, Dr. Will, Jr.; commend............................................................................755 HR 1088 --United House of Prayer for All People; commend..........................................755 HR 1089 --McDuffie, Delia; condolences..............................................................................755 HR 1090 --Keep Macon-Bibb Beautiful Commission;
commend officials ........................................................................763, 816, 816 HR 1091 --Joint Study Committee on School Support Personnel; create..............759, 788 HR 1092 --Pearl Harbor Memorial Highway; designate...........................................787, 899,
1154, 1371, 2280
HR 1093 --Insurance; urge coverage for ovarian cancer diagnostic studies ....................................................................787, 899
HR 1094 --Peaster, Lieutenant Colonel David Monroe; commend ..................................766
HR 1095 --Roscoe Collins Drive and "Ted Hudson Highway"; designate.............................................787, 899, 1154, 1584, 2280

INDEX

3015

HB 1096 --Moyers, William Cope; invite to House............................................766, 816, 816 HB 1097 --"Davis Love III Highway"; designate.........................897, 959, 1154, 1344, 2281 HR 1098 --Larry McDonald Memorial Highway; designate ...........................898, 959, 1154 HR 1099 --Joint Study Committee on Local Law Enforcement
Officer Salaries and Benefits; create ......................................898, 959, 1214 HB 1100 --Regional Transportation Plan; express
support for projects and programs...............................898, 959, 1395, 2272 HR 1101 --"C. W. Bradley Highway", "Floyd
Hulett-Monroe Steelman Memorial Bridge", and "Will Ross-Charlie Wilson Memorial Bridge"; designate...............................................898, 959,
1154, 1382, 2281 HB 1102 --Charles A. Pannell, Sr., Highway; designate...........................................898, 959,
1154, 1384, 2281 HR 1103 --Future Farmers of America; commend..............................................................816 HR 1104 --Page Day at the Capitol; designate February 17, 1998...................................817 HB 1105 --Panoz, Donald E. and Nancy Hefner Panoz;
invite to House.............................................................................817, 955, 970 HB 1106 --William "Billy" Shaw Abney Memorial
Highway, L. Carlton Gill Highway, Hubert Ervin "H. E." Hobbs Highway, Dr. J. A. Griffith Commemorative Bridge, Holly Michials Memorial Bridge, Betty Porter Field Memorial Bridge, S. C. Cadwell Boad, Georgia Armed Forces Veterans Memorial Intersection; designate..........................898, 959, 1154,
1517, 2143, 2286, 2553, 2735 HR 1107 --Washington County High School Golden
Hawks football team; invite to House....................................908, 981, 1047 HR 1108 --Albany State University Rams and Coach
Hampton Smith; invite to House............................................908, 981, 1048 HR 1109 --Savannah Saint Patrick's Day Parade Committee;
invite representatives and grand marshal to House.......................................................................908, 981, 1048 HR 1110 --Advocates for crime victims; invite representatives to House.......................908 HR 1111 --Matthew A. Towery Bridge; designate...........................................958, 998, 1154,
1271, 1906, 2551 HR 1112 --Rules of House; amend Rule 8...................................................................958, 998 HR 1113 --Municipal waste-water systems trust fund; create - CA........................958, 998 HR 1114 --Tomberlin, Coach Rick; invite to House........................................909, 981, 1048 HR 1115 --Jeffords, Reverend Leon Mitchell; commend...................................................915 HR 1116 --Valdosta High School boys basketball team; commend.................................915 HR 1117 --B. E. Usher Middle School; commend...............................................................915 HR 1118 --Strickland House; recognize................................................................................915 HR 1119 --Abraham Baldwin Agricultural College
student newspaper; commend....................................................................915 HR 1120 --Sullivan, Judy T.; commend................................................................................915 HR 1121 --Columbus Day at the State Capitol; recognize February 26, 1998 ...............915 HR 1122 --Youmans, Jack; commend ...................................................................................915 HR 1123 --Ashe, Elizabeth; commend ..................................................................................915 HR 1124 --Kellerman, Mr. and Mrs. John F.; commend...................................................915 HR 1125 --Flournoy, Charles Wesley; condolences.............................................................916
HR 1126 --Agricultural disaster areas; designation by
Congress; commend Department and
Commissioner of Agriculture......................................................................916
HR 1127 --Meyer, Lee; commend..........................................................................................916
HR 1128 --Isle of Hope Volunteer Fire Department; commend.......................................916

3016

INDEX

HR 1129 --Williams, Kathryn; commend .............................................................................916 HR 1130 --Bailey, Kayla Ann; commend..............................................................................916 HR 1131 --Stanley, Jerry Walter; condolences....................................................................916 HR 1132 --Georgia optometrists and VISION USA; commend........................................916 HR 1133 --Georgia Emergency Management Agency; commend......................................916
HR 1134 --Joint Study Committee on Vocational Student Organizations; create............................................................959, 998
HR 1135 --Griner, Lauren; commend....................................................................................981 HR 1136 --Piper, Annette; commend....................................................................................981 HR 1137 --Rules of House; amend Rule 37................................997, 1040, 1040, 1124, 1312 HR 1138 --Culloden Highland Games and Scottish
Festival; invite certain persons to House.............................981, 1783, 2043 HR 1139 --Graglia, Professor Lino; denounce racist statements............................997, 1040 HR 1140 --Wilhite, Abbie; compensate ......................................................................997, 1040 HR 1141 --Georgia Youth Legislature; create ...........................................................997, 1040 HR 1142 --Batson Henry C.; compensate ...................................997, 1040, 1392, 1583, 2056 HR 1143 --Reese, Suffragan Bishop Stewart, Jr., and
Bethesda Temple Apostolic Faith, Inc.; commend...............................1004 HR 1144 --Lee, Reverend Edward; commend....................................................................l004 HR 1145 --Cadle, Ivy N.; commend.....................................................................................l004 HR 1146 --Fiorenza, Louis J.; commend.............................................................................1004 HR 1147 --Fiorenza, Vivian; commend...............................................................................1004 HR 1148 --Smith, Josh; commend.......................................................................................1004 HR 1149 --Lawson, Laura A.; commend.............................................................................!004 HR 1150 --Rawls, Tom; commend.......................................................................................1004
HR 1151 --National Association for the Advancement of Colored People; Atlanta chapter; commend......................................1004
HR 1152 --Georgia Drugs and Narcotics Agency; invite Bill Atkins and others to House..............................................................1047
HR 1153 --McKinney, James Edward "Billy" Day; proclaim February 23, 1998 ......................................................................1048
HR 1154 --Don Saggus, Jr., Memorial Bridge; designate.............................................................!085, 1121, 1154, 1301, 2281
HR 1155 --"International Building Safety Week"; proclaim April 5-11, 1998 ...............................................................1059, 2727
HR 1156 --Read Across America campaign; endorse........................................................1059 HR 1157 --Kyle, Gina Carr; commend................................................................................!059 HR 1158 --Turner, Emily; commend...................................................................................l059 HR 1159 --Caughman, David and the Lakeside Ledger; commend ...............................1059 HR 1160 --Jackson, Carol; commend ..................................................................................1059 HR 1161 --Booker, Juanita C.; commend...........................................................................1059 HR 1162 --Hartzog, Charles; commend...............................................................................!069 HR 1163 --Wolfe, Fletcher; commend.................................................................................l059
HR 1164 --House Insurance Premium Taxation Study Committee; create .......................................................1040, 1085, 2115, 2145
HR 1165 --Adjournment; relative to.........................................................................1074, 1092 HR 1166 --Peterson, Thomas Alexander IV; commend ...................................................1059 HR 1167 --Rogers, Coach Terry and the Union County
High School boy's basketball team; invite to House.......................................................................l092, 1648, 1655 HR 1168 --House Development Impact Fees for Educational Facilities Study Committee; create ..........................1120, 1213, 2115, 2231
HR 1169 --Lipscomb, Jamie Price; invite to House.....................................1092, 1484, 1655
HR 1170 --Durden, Beth and Scott Green; invite to House.......................l092, 1124, 1250
HR 1171 --"Ted Hudson Highway"; designate.............................................1121, 1213, 1395
HR 1172 --Contreras, Dr. Francisco; invite to House.......................................................1131
HR 1173 --"Floyd Hulett-Monroe Steelman Memorial

INDEX

3017

Bridge"; designate .................................................................1212, 1254, 1395 HR 1174 --"Will Ross-Charlie Wilson Memorial
Bridge"; designate .................................................................1212, 1254, 1395 HR 1175 --Smith, Lessie, Jr.; condolences.........................................................................1153 HR 1176 --Rome, City of; commend ...................................................................................1153 HR 1177 --Johnson, Walter, Sara, Ginger, Julie, and
Dodie, and Jim and Kyle Pratt; commend............................................1153 HR 1178 --Roets, Jean; commend........................................................................................1153 HR 1179 --Riverside Middle School Academic Bowl Team; commend.........................1153 HR 1180 --Cason, Diana; commend.....................................................................................H53 HR 1181 --Eagle's Landing 1997-98 High School Wrestling Team; commend.............H53 HR 1182 --Manigault, Ernestine E.; condolences..............................................................H53 HR 1183 --Washington, George Edward; commend..........................................................H53 HR 1184 --Moore, George R.; commend.............................................................................H53 HR 1185 --"The A-B-C's for Georgia's Children"; commend...............................1154, 1261 HR 1186 --Hamilton, Grace Towns; honor life of;
invite biographers to House.................................................ll31, 2128, 2129 HR 1187 --Savannah, City of; Chatham County; convey
property..............................................................1212, 1254, 1386, 1578, 2281 HR 1188 --Uninsured employers trust fund; authorize creation - CA.................1254, 1324 HR 1189 --Hubert Ervin "H. E." Hobbs Highway; designate....................l254, 1324, 1395 HR 1190 --Discovery Garden Club; commend...................................................................!319 HR 1191 --Advocates for crime victims; commend...........................................................1319 HR 1192 --Dodge County High School Lady Indians
Slow-Pitch Softball Team; invite to House.......................l319, 2128, 2129 HR 1193 --Heart of Georgia Armed Forces Veterans
Memorial Intersection; designate ........................................1324, 1392, 1784 HR 1194 --Delmus Carter Highway; designate........................................................!391, 1484 HR 1195 --Blue Cross and Blue Shield of Georgia;
urge certain investigation ...............................................................1391, 1484 HR 1196 --Wolfe, Fletcher; invite to House..................................................l339, 2128, 2129 HR 1197 --Austin, J. W., Sr,; condolences .........................................................................1339 HR 1198 --Baugh, James E.; commend ..............................................................................1339 HR 1199 --Burris, Chuck; commend ...................................................................................1339 HR 1200 --Worley, Mike; commend....................................................................................1339 HR 1201 --Adolph C. Johnson Road; recognize honorary designation ..........................1339 HR 1202 --James M. Lee Road; recognize honorary designation ...................................1339 HR 1203 --Titus Lavon Altman Road; recognize honorary designation........................1339 HR 1204 --Winford R. Boatright Highway; recognize honorary designation...............,1340 HR 1205 --William E. Young Road; recognize honorary designation ............................1340 HR 1206 --Robert Milton Lee Road; recognize honorary designation...........................1340 HR 1207 --Frank S. Boatright Road; recognize honorary designation...........................1340 HR 1208 --Cline, Brandon; commend .................................................................................1340 HR 1209 --Johnson, Elijah; commend.................................................................................!340 HR 1210 --Jessup, Ben; commend.......................................................................................1340 HR 1211 --Laurens, Patricia Lynn; commend...................................................................1340 HR 1212 --Stroupe, Catherine Sarah; commend...............................................................1340 HR 1213 --McEachern High School Wrestling Team; commend ...................................1340 HR 1214 --Professional Social Work Centennial Month; recognize...............................1340 HR 1215 --Thompson, Tiffany Lucile; commend..............................................................l341 HR 1216 --Outlaw, Thomas Eugene "BoJack"; condolences...........................................!341 HR 1217 --"Safe Drivers' Awareness Day"; declare March 2, 1998 ...............................1341
HR 1218 --Eagle's Landing Middle School 1997-1998
Wrestling Team; commend.......................................................................1341
HR 1219 --Melton, Quimby, Jr.; commend........................................................................1341
HR 1220 --Dunn, Christopher; commend...........................................................................1341
HR 1221 --Home Builders Association of Midwest Georgia; commend ........................1341

3018

INDEX

HR 1222 --Dunn, Nicholas; commend.................................................................................!341 HR 1223 --Berhane, Genet; invite to House..................................................l384, 1895, 1909 HR 1224 --Georgia Speech-Language Pathology Study
Committee; create .......................................................1391, 1484, 2115, 2267 HR 1225 --L. Carlton Gill Highway; designate .......................................................1324, 1392 HR 1226 --Delta Sigma Theta Sorority; invite to House............................1404, 1739, 1739 HR 1227 --Tattnall Square Academy girls basketball
team; invite to House ................................................................................1418 HR 1228 --Reid, Coach Richard; commend .......................................................................1418 HR 1229 --House Midwife Licensing Study Committee; create...........................!483, 1647 HR 1230 --Regional Transportation Plan; express
support for projects and programs................................................1483, 1647 HR 1231 --House Study Committee on the Protection
of Ground-water Resources; create ...............................................1483, 1647 HR 1232 --Slosheye Trail Big Pig Jig; recognize as
Official Barbecue Cooking Contest .........................................................1418 HR 1233 --Butler, Brett Morgan; commend ......................................................................1418 HR 1234 --Torrence, Gwendolyn Lenna; commend..........................................................1418 HR 1235 --Cripe, Karah Kiley-Rae; commend..................................................................1418 HR 1236 --"The Legend of Lydia"; proclaim as "Official
Play of the Okefenokee" ...........................................................................1418 HR 1237 --Georgia National Guard 117th Air Control Squadron; commend...............l418 HR 1238 --Wills, Mark; commend.......................................................................................1418 HR 1239 --Claude F. Vaughn Road; recognize honorary designation............................1418 HR 1240 --Ellis, Betty; commend........................................................................................1419 HR 1241 --New Zion Baptist Church; commend...............................................................l419 HR 1242 --Chapman, Lee; commend ..................................................................................1419 HR 1243 --Darden, Sally; commend....................................................................................1419 HR 1244 --Lovett, Margaret; commend..............................................................................1419 HR 1245 --Stanley, Alesia; commend..................................................................................1419 HR 1246 --Smithgall, Charles A.; commend ......................................................................1419 HR 1247 --Hancock, Dr. S. Anne; commend......................................................................l419 HR 1248 --Citizens Christian Academy Patriots boys
basketball team; commend.......................................................................1419 HR 1249 --Georgia Commission on Women; invite to House.....................l419, 2115, 2129 HR 1250 --Declaration of Independence, U. S. Constitution,
and Federalist Papers; urge schools devote day to study.........................................................................1483, 1647 HR 1251 --House Ovarian Cancer Study Committee; create.............................................................................!646, 1718, 2115, 2149 HR 1252 --Norfolk Southern Railroad intermodal facility; express opposition to ........................................................1647, 1718 HR 1253 --Frost, June; condolences....................................................................................1534 HR 1254 --Pope, Judge Iree W.; commend........................................................................1534 HR 1255 --Perkins, Dr. Bynum; commend.........................................................................1534 HR 1256 --Izlar, Robert Lee; commend..............................................................................l534 HR 1257 --Holcomb, Charles "Ed"; commend ..................................................................1534 HR 1258 --Radcliffe, Hugh Frank; commend....................................................................1534 HR 1259 --Collins Hill High School Eagles boys basketball team; commend..............1534 HR 1260 --Cadwell, S. C.; commend...................................................................................1534 HR 1261 --O'Neal, Glenn Ann; commend ..........................................................................1710 HR 1262 --Greater Gwinnett Christian School Barons
basketball teams; commend......................................................................1725
HR 1263 --Westover High School boys' basketball
team; invite to House............................................................l725, 1783, 2043
HR 1264 --Sellars, Frances; commend ................................................................................1725
HR 1265 --House Study Committee on Pilot Project

INDEX

3019

Family Court for DeKalb County.................................................1717, 1781 HR 1266 --House Study Committee on the Organization,
Authority, and Functions of the Atlanta Regional Commission; create .........................................................1717, 1781 HR 1267 --Turner, Honorable Loyce Warren; commend.................................................!733 HR 1268 --Mitchell-Baker High School Eagles basketball team; commend.................!733 HR 1269 --Pitts, Coach Dan; honor.....................................................................................!733 HR 1270 --Kids Voting Georgia; commend........................................................................l733 HR 1271 --Satcher, Dr. David; congratulate......................................................................1733 HR 1272 --Cullifer, Terry; commend ..................................................................................1733 HR 1273 --Thompson, Terry A.; commend........................................................................1733 HR 1274 --Brown, Burnell; commend.................................................................................1733 HR 1275 --Centennial Anniversary of Professional Social Work; commend ................1733 HR 1276 --Study Committee on Public Works Delivery System, Design, Construction, and Awarding; create...............................................................................!780,1894 HR 1277 --Mitchell-Baker High School Eagles basketball team; invite to House ........................................1810, 2059, 2062 HR 1278 --Health plans; exemption from state standards; urge Congress reject Iegislation......................................................................l781, 1894,2058,2144 HR 1279 --Seminole County High School basketball team; invite to House............................................................l810, 2059, 2062 HR 1280 --Putnam County High School Lady Eagles basketball team; invite to House .............................................................1807 HR 1281 --Southwest Georgia Academy Lady Warriors basketball team; invite to House ........................................1810, 2059, 2062 HR 1282 --100 Black Men of America, Inc.; Georgia chapters; invite to House......................................................l811, 1895, 1909 HR 1283 --Bacon County Red Raiderettes; commend .....................................................1808 HR 1284 --Brannon, Patricia Thomas; commend .............................................................1808 HR 1285 --Spraggins, Nita; commend.................................................................................!808 HR 1286 --Georgia Preschool Association and teachers; commend ...............................1808 HR 1287 --Earnhardt, Dale; commend ...............................................................................1808 HR 1288 --Jessup, Tom; commend......................................................................................!808 HR 1289 --Martson, Colonel James T.; commend ............................................................1808 HR 1290 --Murkerson, Sheriff Jimmie R.; commend.......................................................!808 HR 1291 --First Presbyterian Church of Donalsonville; commend................................1808 HR 1292 --Brinson, April Heather; commend ...................................................................1808 HR 1293 --Stevenson, Robert and GOSPEL TIME; commend......................................!808 HR 1294 --Burton, James S.; commend..............................................................................!808 HR 1295 --Titus Lavon Altman Road; recognize honorary designation........................1809 HR 1296 --Clifford Ward Wildes Road; recognize honorary designation......................!809 HR 1297 --Delmus Carter Highway; recognize honorary designation............................1809 HR 1298 --Johnny Wheeler Bridge; recognize honorary designation.............................1809 HR 1299 --Corporal Ivey J. Hayes; recognize honorary designation..............................1809 HR 1300 --Frank S. Boatright Road; recognize honorary designation...........................1809 HR 1301 --Winford R. Boatright Highway; recognize honorary designation...............,1809 HR 1302 --Lanford Nathan Taylor Road; recognize honorary designation ..................1809 HR 1303 --Adolph C. Johnson Road; recognize honorary designation ..........................1810 HR 1304 --Odis Tanner Road; recognize honorary designation......................................1810 HR 1305 --Robert Milton Lee Road; recognize honorary designation...........................1810
HR 1306 --James M. Lee Road; recognize honorary designation ...................................1810
HR 1307 --Brantley County 1997 High School football team; commend......................!810
HR 1308 --Heart of Georgia Armed Forces Veterans
Memorial Intersection; urge Department
of Transportation to name .............................................................1893, 2026

3020

INDEX

HR 1309 --Local government; urge Governor and GEMA to assist in recovery from weather damage .......................1893, 2026, 2112
HR 1310 --Patient Access to Responsible Care Act of 1997; urge congress pass.............................................................!893, 2026
HR 1311 --Cadwell, S. C.; commend; urge Department of Transportation to name road....................................................1893, 2026
HR 1312 --House Study Committee on the Governance of Hartsfield Atlanta International Airport; create..................................................................................1893, 2026
HR 1313 --Chip mills; urge Department of Natural Resources and Georgia Forestry Commission to conduct study relative to...........................................................1894, 2026
HR 1314 --Newnan-Coweta Chamber of Commerce; commend......................................2022 HR 1315 --Human Resources, Department of; TB control; commend ..........................2022 HR 1316 --Banks, Charlie Mae Miles; commend..............................................................2023 HR 1317 --Pierce, Honorable Barbara; commend.............................................................2023 HR 1318 --Woodson, Honorable Evelyn "Mimi"; commend...........................................2023 HR 1319 --Penn, Coach Herbert C. "Chilly"; recognize appreciation day....................2023 HR 1320 --American Kennel Club's "Canine Good Citizen" program; commend.......2023 HR 1321 --Fincher, James Carter; condolences.................................................................2023 HR 1322 --St. Andrew's School Saints soccer team; commend.......................................2023 HR 1323 --Thornton, Richard; commend...........................................................................2023 HR 1324 --St. Andrew's School Saints basketball team; commend ...............................2023 HR 1325 --Kelly, Shirley Drinkwater; commend...............................................................2023 HR 1326 --Mitchell, family of Tim and Linda; commend...............................................2023 HR 1327 --Collins, Lieutenant Colonel Eileen M.; commend .........................................2023 HR 1328 --Billings, Russell; commend................................................................................2024 HR 1329 --Adams, Berta; commend....................................................................................2024 HR 1330 --Hardin, Jim; commend.......................................................................................2024 HR 1331 --Eidson, Reverend Travis H.; condolences.......................,...............................2024 HR 1332 --Wade, Jason; recognize ......................................................................................2024 HR 1333 --House Cotton Warehousing and Marketing
Study Committee; create ................................................................2026, 2114 HR 1334 --Woodstock Police Chief Lyons and Fire Chief Smith; commend...............2060 HR 1335 --House Study Committee on the Plight
of Rural Hospitals; create...............................................................2026, 2114 HR 1336 --Savannah High School Blue Jackets men's
basketball team; commend.......................................................................2060 HR 1337 --Turner, David Harrison; commend..................................................................2060 HR 1338 --Parkview High School Panthers varsity cheerleaders; commend................2060 HR 1339 --Clay, Honorable Charles C. and Sarah; commend.........................................2060 HR 1340 --Curtis Lee Marion Bridge; recognize honorary designation.........................2060 HR 1341 --William E. Young Road; recognize honorary designation ............................2060 HR 1342 --Sergeant J. D. "Eddie" Miles Bridge;
recognize honorary designation......................................................2061, 2281 HR 1343 --Cowart, Kathy Shirley; commend ....................................................................2061 HR 1344 --Miller, Dr. Roger Orville and Kay; commend................................................2061 HR 1345 --Hinson, Becca; commend...................................................................................2061 HR 1346 --Hunter, Vernon; commend................................................................................2061 HR 1347 --Thomas, R. D., Jr.; commend ...........................................................................2061 HR 1348 --King, Reverend Dr. Martin Luther, Jr.;
commemorate anniversary of assassination............................................2061
HR 1349 --Dollar, Bradley Taylor; commend....................................................................2061
HR 1350 --McDonald, Larry; fifteenth anniversary
of his death; express gratitude.......................................................2061, 2281
HR 1351 --Hollis, Dr. Mark Dexter; condolences..............................................................2061
HR 1352 --Morrow, Charles Benjamin; condolences.........................................................2061

INDEX

3021

HR 1353 --Cooper, Captain William T., Jr.; condolences................................................2062 HR 1354 --Hunt, Stacy; commend.......................................................................................2062 HR 1355 --Junious, Adea; commend...................................................................................2125 HR 1356 --Fisher, Jessica; commend...................................................................................2125 HR 1357 --Thrash, Elmore C.; commend...........................................................................2126 HR 1358 --Johnson, Honorable Boze, Jr.; condolences ....................................................2126 HR 1359 --Hancock Central High School Lady
Bulldogs basketball team; commend.......................................................2126 HR 1360 --Brooks, Pearl; commend....................................................................................2126 HR 1361 --Arabia Temple No. 11; commend.....................................................................2126 HR 1362 --Thomson High School bands; commend.........................................................2126 HR 1363 --Victorian District Community Association; commend..................................2126 HR 1364 --Edenfield, Honorable James B.; condolences.................................................2126 HR 1365 --Bennett, Honorable Harold D.; condolences ..................................................2126 HR 1366 --Carroll, Kathy; commend...................................................................................2126 HR 1367 --Stroud, Cleveland; commend ............................................................................2126 HR 1368 --Jackson, Mark B.; commend.............................................................................2126 HR 1369 --Todd, Dr. Willie Grier; commend ....................................................................2126 HR 1370 --Youth Assembly and Junior Youth Assembly; commend ............................2127 HR 1371 --Murrayville Gathering; commend.....................................................................2127 HR 1372 --Paulding County Chamber of Commerce; commend ....................................2127 HR 1373 --Central Baptist Church of Newnan; commend..............................................2127 HR 1374 --Headley, William V.; commend........................................................................2127 HR 1375 --Newnan-Coweta Habitat for Humanity; commend.......................................2127 HR 1376 --Moore, Jessica Allyn; commend........................................................................2127 HR 1377 --Vickers, Daniel Heath; commend.....................................................................2127 HR 1378 --Combee, Cynthia L.; commend.........................................................................2127 HR 1379 --Cochran, Gary; commend ..................................................................................2127 HR 1380 --Williams, Oliver Tommy; commend.................................................................2127 HR 1381 --Taylor, Wesley James; commend .....................................................................2127 HR 1382 --Malone, Roy; commend......................................................................................2127 HR 1383 --Lancette, Scan; commend..................................................................................2128 HR 1384 --TV-Turnoff Week; recognize April 22-28, 1998.............................................2128 HR 1385 --Barnwell, Andre; commend ...............................................................................2128 HR 1386 --Citizens Christian Academy girls basketball team; commend.....................2128 HR 1387 --Thornton, Richard Shellie; commend..............................................................2128 HR 1388 --Moss, Dr. Thomas Hudson, Jr.; commend......................................................2128 HR 1389 --Hall, Sandra M.; commend................................................................................2128 HR 1390 --Humphreys, George W.; condolences...............................................................2128 HR 1391 --Smallwood, Sarah; condolences ........................................................................2128 HR 1392 --Will, Mary; commend.........................................................................................2230 HR 1393 --Race relations; urge General Assembly
and citizens join in dialogue .....................................................................2230 HR 1394 --Sherman, Gregory "Gus"; commend................................................................2230 HR 1395 --Hendrix, Jackie and members of Pharr
Elementary School Chorus; commend ....................................................2230 HR 1396 --Grayson, Beverly Elizabeth Blount; commend...............................................2230 HR 1397 --Women's Rights Movement; commend ...........................................................2230 HR 1398 --Jordan, Winnie Stancil; condolences ...............................................................2230 HR 1399 --Georgia Power Foundation; commend.............................................................2230 HR 1400 --Williams, Honorable Betty Jo; commend .......................................................2230 HR 1401 --Price, Charles E.; condolences ..........................................................................2230
HR 1402 --Berry, Betts; commend ......................................................................................2231
HR 1403 --Inman Middle School; commend......................................................................2231
HR 1404 --Ewing, Frank M.; commend..............................................................................2231
HR 1405 --Professional Association of Georgia
Educators (PAGE) Academic Bowl; commend......................................2231

3022

INDEX

HR 1406 --Declaration of Independence, U. S. Constitution, and Federalist Papers; commend study..................................................2231
HR 1407 --House Teen Sexual Activity Study Committee; create ......................2114, 2276 HR 1408 --House Georgia Children Study Committee; create........................................2276 HR 1409 --Georgia Drugs and Narcotics Agency; commend...........................................2365 HR 1410 --Sacred Heart Catholic Church of Atlanta; commend ...................................2365 HR 1411 --Winder-Barrow High School Cheerleaders; commend..................................2365 HR 1412 --Winder-Barrow High School Boys Cross Country Team; commend ..........2365 HR 1413 --Holliday, Coach Cook; commend......................................................................2365 HR 1414 --Twenty-Five for the Twenty-First Century; commend ................................2365 HR 1415 --McClung, A. J.; commend..................................................................................2365
HR 1416 --University System of Georgia Outstanding Scholars on Academic Recognition Day; commend ..............................2365
HR 1417 --Howard, Honorable Pierre; commend .............................................................2365 HR 1418 --Ham, Geraldine G; commend............................................................................2366 HR 1419 --Underwood, Daniel P.; commend.....................................................................2366 HR 1420 --Harkins, Jayne and Leonard; commend..........................................................2366 HR 1421 --Bray, Huie; commend.........................................................................................2366 HR 1422 --Certified Literate is Coweta's Key
(CLICK program) and Newnan-Coweta Chamber of Commerce; commend............................................................................2366 HR 1423 --Kid's Castle Park and Newnan-Coweta Chamber of Commerce; commend...........................................................2366 HR 1424 --Davis, Betty; condolences..................................................................................2366 HR 1425 --Collins Hill High School Honors Orchestra and string quartet; commend...................................................................2366 HR 1426 --Nicoll, Wilson L.; condolences..........................................................................2366 HR 1427 --Bond, Elton E.; condolences .............................................................................2366 HR 1428 --Morris, Clarice Sanders; commend ..................................................................2366 HR 1429 --Ward, Minor J. "Buddy"; condolences............................................................2366 HR 1430 --Beasley, Ben and Karen; commend .................................................................2367 HR 1431 --Tucker, Josh and Gail Dickerson; commend..................................................2367 HR 1432 --Barrett, Gil; commend........................................................................................2367 HR 1433 --Lawhorne, Gervaise; condolences .....................................................................2367 HR 1434 --Royal, Nichole; commend..................................................................................2367 HR 1435 --Griffeth, Jim; condolences.................................................................................2367 HR 1436 --Hunt, Katie Neal; condolences.........................................................................2367 HR 1437 --Perry, Honorable Charles B.; commend..........................................................2367 HR 1438 --Berry, Doris Mae Calvin; condolences.............................................................2367 HR 1439 --Howard, Lamar; commend ................................................................................2367 HR 1440 --Adams, Clinton; commend.................................................................................2367 HR 1441 --Lamb, Janette; commend ..................................................................................2367 HR 1442 --Collins, Lois; commend......................................................................................2367 HR 1443 --Ellenburg, William Hursel "Curley"; condolences.........................................2368 HR 1444 --Duffey, Ernest; commend..................................................................................2368 HR 1445 --Rudd, Danny; commend ....................................................................................2368 HR 1446 --Morris, Monica and Mark Pollard; commend................................................2368 HR 1447 --Philmon, Lee; commend ....................................................................................2368 HR 1448 --Pratt, D. C.; commend.......................................................................................2368 HR 1449 --Seay, Wendy Vacari; commend ........................................................................2368 HR 1450 --Alien, Brenda; commend....................................................................................2368 HR 1451 --Alls, Lieutenant James; condolences................................................................2368
HR 1452 --Logan, Donald "Don" B.; condolences ............................................................2368
HR 1453 --Lathom, James B.; condolences........................................................................2368
HR 1454 --Richards, Laura Washington; commend .........................................................2368
HR 1455 --Pettis, John and Dorothy; commend ...............................................................2368
HR 1456 --Seay family; recognize 1998 family reunion....................................................2369

INDEX

3023

HR 1457 --Aloia, Rodney; condolences ...............................................................................2369 HR 1458 --Jenkins, Gloria; commend .................................................................................2369 HR 1459 --Harshbarger, Ray Z., Sr.; condolences.............................................................2369 HR 1460 --Huie, Lucy; commend ........................................................................................2369 HR 1461 --Golden, Honorable Tim; commend..................................................................2369 HR 1462 --Prater, Jacqueline Poison; condolences...........................................................2369 HR 1463 --National Order of Women Legislators; commend .........................................2369 HR 1464 --Clayton County STAR Students and Teachers; commend..........................2369 HR 1465 --Safe Schools Program; commend .....................................................................2369 HR 1466 --Campaign to discourage teen-age drinking; commend..................................2369 HR 1467 --Swain, Jimmy; commend...................................................................................2369 HR 1468 --Reid, Janel Lynn; commend..............................................................................2370 HR 1469 --Stanton, William "Bill" McGlannery; commend...........................................2370 HR 1470 --Bennett, Dianne Moore; commend ..................................................................2370 HR 1471 --Sherrill, Honorable Tom; commend.................................................................2370 HR 1472 --Barfoot, Representative Fisher; commend......................................................2370 HR 1473 --Barnes, Honorable Roy; bid fond farewell......................................................2370 HR 1474 --Bennett, Dianne Moore; commend ..................................................................2370

PART IV
SENATE BILLS IN HOUSE
SB 2 --Drivers' licenses and identification cards; fingerprinting; prohibit ........................................................No Action
SB 7 --Nuisances; places used for unlawful sexual purposes; drug related object prosecution..................................................................!891, 2689, 2724
SB 9 --Richmond County; board of commissioners; vote to break tie........,............................................................1904, 1909, 2026
SB 10 --Richmond County; board of commissioners; appointments................No Action SB 17 --Driver's license; minors; amend provisions......................................................1783 SB 18 --Juvenile rehabilitation; create division;
provide camps ...................................................................................No Action SB 19 --Waste-water discharge moratorium; certain
facilities; inapplicability..........................................................623, 2209, 2282 SB 20 --Dangerous drugs; possession prohibited;
exception to prohibition....................................................................182, 1667 SB 27 --Adoption; termination of parental rights...............................................No Action SB 30 --Local government; volunteer fire departments;
nonprofit corporation............................................................!718, 2086, 2732 SB 31 --Driving under the influence; nonresident
offenders; increased fines ..........................................................................1124 SB 35 --State court judgments; deferred partial payment ................................No Action SB 36 --Emergency medical treatment; attempted suicide .........................................1711 SB 37 --Guardians; incapacitated adults;
physicians and psychologists ..........................................................No Action SB 38 --Driver's license; minors; educational requirements..............................No Action SB 39 --Sexually violent predators; registration;
release of information ...........................................................1711, 1943, 2732 SB 41 --Education; prescribed courses; include parenting ................................No Action SB 44 --Medical assistance; certain provider
participation; termination...............................................................No Action SB 47 --Correctional institutions; computerized
records; certification ........................................................................No Action SB 49 --Richmond County; board of commissioners;
chair-mayor vote..........................................................!904, 1909, 2026, 2210 SB 51 --Education; teaching of Ebonics; prohibit...............................................No Action SB 55 --Health insurance; diabetes related coverage ............................................292, 293,
399, 992, 1729 SB 56 --Capital felony expenses; calculation
for county reimbursement..............................................................No Action SB 58 --Fatherhood Responsibility Act; enact ....................................................No Action SB 61 --Driving under the influence; nolo
contendere plea; eliminate ..............................................................No Action SB 63 --Special license plates; promote recycling...............................................No Action

3026

INDEX

SB 67 --Crimes Against Family Members Act of 1997; enact...........................No Action SB 68 --Youthbuild Program Act; enact...........................................................................399 SB 70 --Charter Schools Act of 1997; enact.........................................................No Action SB 71 --Child custody; emotional, physical, or
psychological abuse evidence; visitation ............................1219,1221,1254 SB 77 --Atlanta, Douglas, Gwinnett, Ocmulgee, and
Stone Mountain Judicial Circuits; add judges; Blue Ridge Judicial Circuit; amend provisions; Bell-Forsyth Judicial Circuit; create...........................................................................420,1940,2282 SB 78 --Court of Appeals; judges; amend provisions......................................................420 SB 79 --Teachers Retirement; forfeited annual and sick leave; creditable service......................................................293, 294, 399 SB 82 --Drivers' licenses; distinguishable markings for DUI conviction..........................................................No Action SB 83 --Demand for trial; vehicular homicide related to DUI; time period............................................................No Action SB 85 --Education; curriculum; authorize test-taking skills course...................................................................No Action SB 89 --Torts; imputable negligence; liability for malicious acts of minor.............................................................No Action SB 92 --Student code of conduct; provisions.......................................................No Action SB 99 --Mentally ill or alcoholic or drug dependent persons; certain emergency examinations; counselors or therapists.............................................................................1781 SB 102 --Agriculture, Commissioner of; powers and duties; records...........................................................................No Action SB 106 --Mandatory school attendance; increase age to 18 ................................No Action SB 110 --Driving under the influence; additional fees; Brain and Spinal Injury Trust Fund;create................................................................................83, 2103, 2731 SB 111 --Alcoholic beverage sales; dealer's license; residence of applicant; school building; define..............................................................l44, 1657, 2124, 2482 SB 114 --Juries; peremptory challenges; change number.....................................No Action SB 117 --Indemnification; state highway employees ........................................................391 SB 125 --Municipal courts; certain executions; trial in superior courts.....................................................................No Action SB 128 --Firemen's Pension; eligibility..............................................1089, 1091, 1121, 1124 SB 134 --County law libraries; fees; codification of county ordinances........................................................................No Action SB 136 --Assistant county administrators; probate judge appoint in certain counties ..................................................No Action SB 137 --Ad valorem tax; assessments and appeals; tune period apply statewide ...........................................................No Action SB 138 --Hospitals; prohibit denial of certain staff privileges............................No Action SB 139 --Medical Assistance, Department of; prohibit certain restrictions on approved prescription drugs...............................................992, 2216, 2483, 2628, 2723 SB 142 --Sheriffs; qualifications; training; redefine peace officer...................................157, 158, 182, 1420, 2047, 2282 SB 145 --Highways; certain transportation
definitions; include bicycle and
railroad facilities...............................................................................No Action
SB 147 --Land surveyors; actions for damages; time limitation .........................No Action
SB 155 --Workers' compensation; drug-free workplace;
insurance premium discount ..........................................................No Action

INDEX

3027

SB 158 --Sexual offenses; pandering; define offense; penalties; prohibitions........................................156, 1662, 1724, 2124, 2569
SB 159 --Warrantless arrests; abuse of vulnerable adult; provisions...............................................................................No Action
SB 161 --School Safety Act; enact...........................................................................No Action SB 166 --Workers' compensation; Self-Insurers
Guaranty Trust Fund; powers of board; certain audits............................................................................391, 1878, 2283 SB 172 --State Properties Commission; membership and organization; amend provisions..........................................................291 SB 178 --Civil War historic sites; acquisition; funding; special license plates........................................................No Action SB 179 --Guardians; incapacitated adults; notice of evaluation .........................No Action SB 180 --Minors; temporary guardians; notice of dissolution ....................................................................1260, 1261, 1324, 1894 SB 181 --Guardians; incapacitated adults; legal rights concerning guardianship contract ......................................No Action SB 183 --Agency; power of attorney; termination clarification.....................................1711 SB 184 --Durable power of attorney for health care; appointment of guardian.................................................................1394 SB 186 --Insurance; prohibit discrimination against abuse victims ................................................................................793, 795, 899 SB 187 --Child custody; presumption of joint legal and physical custody; provisions..............................................................1394 SB 196 --Used motor vehicle dealers; sales or leases; certain disclosure..............................................................................No Action SB 198 --Special license plates; retired reservists retain .....................................No Action SB 199 --Forgery; false identification furnished to minor; penalty...................................................................................No Action SB 200 --Peace officers; disbursement of training funds.....................................No Action SB 203 --Alcoholic beverages; open container in motor vehicle; driver or passenger.................................................No Action SB 206 --Alcoholic beverages; purchasing or consumption by persons under age 21; change penalties ..................................No Action SB 208 --Controlled substances; phenylpropanolamine and ephedrine; persons under age 18............................................No Action SB 212 --Fire protection; buildings presenting special hazards; conflicting codes ..................................................No Action SB 217 --Unclaimed property disposition; certain unpaid wages.......................No Action SB 218 --Fair business practices; consumer reporting agencies..........................No Action SB 220 --Hospital authorities; sale or lease of health care facility; public hearing................................................No Action SB 224 --Motor vehicle insurance; medical payments coverage .........................No Action SB 226 --Vandalism; places of worship; penalty when persons are injured...........................................................................No Action SB 230 --Land of parent in possession of child; rebuttable presumption of gift ............................................1778, 2094, 2732 SB 231 --Child support; include life insurance premiums...................................No Action SB 237 --Emergency 911; certain personnel, supply, and equipment costs; payment ......................................................No Action SB 244 --Child placement in foster home; residents; records check..............................399 SB 245 --Health insurance coverage; mental
disorders; amend provisions ...........................................................No Action
SB 249 --Abandoned motor vehicles; removal; storage; liens................................172, 1857
SB 250 --Senate; reapportion districts 48 and 56 .................................................No Action
SB 252 --Safe Drinking Water Act; public water
systems; amend provisions..............................................................No Action

3028

INDEX

SB 261 --Nonprofit corporations; hospital authorities; powers; conflict of interest........................................................................1393
SB 265 --Death without a will; determination of heirs; surviving spouse.....................................................................No Action
SB 267 --Public assistance; social assistance register; provisions...........................................................................No Action
SB 272 --Highways; length of vehicles and loads; amend provisions..............................................................................No Action
SB 274 --Stone Mountain Memorial Association; certain contracts; limit terms.......................................................................No Action
SB 279 --Medical Care Savings Account and Trust Act; enact..........................No Action SB 285 --Fulton County; homestead exemption; certain residents ....................No Action SB 286 --Atlanta, City of; homestead exemption;
certain residents...............................................................................No Action SB 289 --Brewpubs; amend provisions....................................................................No Action SB 290 --Employees' Retirement; lottery corporation;
employee choice ...........................................................................235, 236, 263 SB 292 --Georgia Education Authority (University); amend provisions .......................205 SB 298 --Alcoholic beverage sales; minimum distance
from churches or schools.................................................................No Action SB 312 --Minors; computer facilities; dissemination
of harmful material..........................................................................No Action SB 315 --MARTA; board of directors; appointments; terms...........................................498 SB 318 --Municipalities; water and sewer systems;
private contracts.............................962, 1910, 2211, 2289, 2359, 2360, 2655 SB 325 --Magistrate courts; civil claims jurisdiction; $15,000.......................................1319 SB 326 --Employees' Retirement; disability benefits;
certain employees of Pardons and Paroles Board and Corrections Department...................................266, 267,
290, 296, 491, 746 SB 336 --School systems; certain multi-year
contracts; exclude certain limitation.............................................No Action SB 337 --Outdoor advertising; roadside enhancement
and beautification; council and fund ............................463, 464, 497, 1154, 1828, 2022, 2157, 2242, 2243, 2649, 2736
SB 344 --Funeral directors and embalmers; apprenticeships; crematory licenses....................................1894, 2251, 2732
SB 366 --Ralph Mark Gilbert Civil Rights Museum; designate official state museum.....................................................No Action
SB 367 --Stone Mountain Memorial Association; purposes; improvement fund.....................................1490, 1496, 1647, 1885
SB 369 --Senior judges and justices; compensation...............................................490, 1680, 1908, 2193, 2490, 2736
SB 370 --Appeals filed by prisoners; application ..................................................No Action SB 372 --Venue; tortfeasors residing in different counties..................................No Action SB 383 --Disability commissions; counties and
municipalities; establish............................................................................1395 SB 400 --Fairburn, City of; mayor and council;
compensation; municipal court; establish.....................................No Action SB 402 --Uniform Commercial Code; investment
securities; provisions ......................................212, 214, 234, 296, 1711, 2152 SB 403 --Driver's license; learner's permit issued
by another state; apply toward
eligibility.......................................................................!57, 158, 182, 283, 416
SB 404 --Education; joint after-school programs for
at-risk students; grants ..........................................213, 214, 234, 1392, 2155
SB 407 --Firearms; pistol or revolver; prohibit

INDEX

3029

allowing minor to obtain possession...................................1044, 1046, 1085 SB 409 --Probation; supervision fees; forward
portion to Georgia Crime Victims Emergency Fund.............................................l58, 158, 182, 624, 1656, 2731 SB 410 --PeachCare for Kids Act; enact...........................................................213, 214, 234,
254, 1392, 2133, 2732 SB 411 --Arrest warrants; application by video conference ...................................401, 403,
426, 790, 1734 SB 412 --State government; prohibit imposition of
greater qualifications on persons home schooled ........................................................................1494, 1497, 1647 SB 415 --Surface water; permits for withdrawal; certain rivers................................................................1495, 1497, 1647, 2115 SB 417 --Glynn County; state court clerk; nonpartisan election ...................................................265, 267, 290, 400, 401 SB 418 --Glynn County; state court solicitor-general; nonpartisan election ...................................................235, 236, 263, 291, 292 SB 419 --Ad valorem tax; exempt dairy cattle..................................................213, 214, 234 SB 420 --Southern Dairy Compact; enact.............................282, 294, 399, 490, 1917, 2283 SB 421 --Juveniles; fingerprinting; criminal records; amend provisions.............................236, 236, 263, 624, 1737, 2731 SB 423 --Claims advisory board; exclude certain payments...............................................................................266, 267, 290,962 SB 425 --Bulletproof vest; use during armed robbery; penalties .......................................................................634, 635, 726 SB 426 --POW/MIA flag; authorize display in public schools .......................430, 431, 460 SB 427 --Concealed weapons; licensure; exempt State Patrol and GBI retirees......................................................293, 294, 399, 981 SB 428 --Mask or hood concealing identity; additional exceptions..................................................1001, 1003, 1040, 1124 SB 431 --Breast Cancer Patient Care Act; enact ...................................731, 731, 760, 1894 SB 433 --Electronic records; amend provisions..............................!85, 185, 195, 727, 1858 SB 436 --Uninsured motorists; companies issuing policies; service of process..................................................213, 214, 234, 789 SB 437 --State government; competitive bidding; amend provisions..........................................430, 431, 460, 1782, 2073, 2732 SB 440 --Covenant Marriage Act; enact.......................................................!044, 1046, 1085 SB 444 --Public transit; prohibit certain conduct...........................................213, 215, 234,
549, 2096, 2228, 2495 SB 445 --Quality basic education; driver education;
driver's licenses and permits; amend provisions...............................................................902, 904, 959, 1392 SB 446 --State owned historic properties; preservation .................................551, 553, 629,
1886, 2253, 2733 SB 447 --Local boards of education; educational
care team; duties....................................................501, 502, 548, 1392, 2077, 2143, 2342, 2360, 2374, 2572, 2736
SB 449 --Pardons and paroles; offenders pay for services .................................................................266, 268, 290, 909, 2084
SB 460 --Interfering with 911 call; define offense...............................................1001, 1003, 1040, 1782, 2087, 2283
SB 463 --Veterans' funerals; National Guard members
act as honor guards...........................................!044, 1046, 1085, 1214, 1851
SB 466 --Elections; designate state-wide poll watchers.............................!494, 1497, 1647
SB 467 --Crimes against children; eliminate
two-year limit on supervised probation.............................1329, 1330, 1392
SB 471 --Special license plates; antique, hobby, or

3030

INDEX

special interest vehicles; decrease dimensions ........................430, 431, 460 SB 473 --Child abuse; certain meetings and records;
allow public access..........................................501, 502, 548, 960, 2067, 2283 SB 474 --State government; relations with certain
nonprofit organizations; amend provisions .....................................966, 968, 998, 1392, 2046, 2059, 2545
SB 475 --Wildlife management areas; certain tracts of land; provide for cessation of use ........................1496, 1497, 1647, 2115
SB 476 --Threats and use of force; allow in defense of dwellings, businesses, and motor vehicles ................................................................1496, 1497, 1647
SB 477 --Garnishments; certain actions; allow performance by corporate officers or employees....................966, 968, 998
SB 481 --Lead; abatement on person's property; amend provisions ....................................................463, 464, 497, 1394,1842
SB 482 --Industrial hygienist; qualify use of title ............................................463, 464, 497
SB 483 --Western Judicial Circuit; superior court judges; compensation .......................................236, 237, 263, 270, 893, 1726
SB 484 --Enforcement of regulations; parks and historic areas; permits; boats on state park lakes; restrictions...................................293, 294, 399, 497, 1827
SB 485 --County officers and employees; election of health plans; amend provisions ...........................................793, 796, 899, 1122, 2151, 2360
SB 486 --Public water systems; certain violations and failures; civil penalties ...........................293, 294, 399, 623, 1859, 2283
SB 488 --Dispossessory proceedings; writs of possession; make effective 7 days after judgment ......................................634, 635, 726
SB 489 --Ad valorem tax; motor vehicles; disabled veterans' exemption; amend provisions...........................................402, 404, 426, 1778, 1877
SB 490 --Obesity Anti-discrimination Act; enact.............................!402, 1403, 1484, 1777
SB 491 --Quality basic education; equalization grants; middle school grants; foreign language grants..........................!493, 1497, 1647, 2058, 2268, 2731
SB 496 --Land, Water, Wildlife, and Recreation Heritage Fund; create..................................266, 268, 290, 1116, 2237, 2733
SB 498 --Sexually violent predator; failure to register; increased penalties ............................................1495, 1498, 1647
SB 500 --Seafood, meat, and poultry; sale from mobile vehicle; licensing provisions .................................................793, 796, 899, 1060, 1080, 2150
SB 501 --Cobb County; juvenile court judges; compensation...............................................................265, 268, 290, 962, 964
SB 502 --Hall County, Gainesville, and Buford; school districts; sales tax distribution......................................265, 268, 290
SB 506 --Fulton County and Atlanta, City of; tax payment to state, county, and city; same date.......................966, 968, 998
SB 508 --Mechanics' and materialmen's liens; certain imperfected liens; provide process to void .............................................................................551, 553, 629
SB 510 --Crimes Against Family Members Act of
1998; enact..............................................................430, 431, 460, 1385, 2198,
2380, 2463, 2626, 2627, 2692
SB 513 --Personal Financial Security Act; enact;
define financial identity fraud..............................552, 553, 629, 1319, 1841
SB 514 --Conservation rangers; provide new designation ...............................463, 464, 497

INDEX

3031

SB 517 --Local option sales tax; concurrent resolution requirements..............................................................402, 404, 426
SB 518 --Special license plates; U. S. veterans of the 1950 Chosin Reservoir Campaign, North Korea ...........................................................................1496, 1498, 1647
SB 521 --Rezoning; certain hearings; posting of signs...........................904, 904, 959, 1718 SB 522 --Telecommunications; third-party service
charges; customer authorization; 22-mile toll-free calling area; revenue.................................................402, 404, 426, 1393, 2214, 2492, 2529 SB 523 --District attorneys; appointment of assistants to prosecute drug cases ....................................................793, 796, 899, 1711 SB 524 --Civil practice; service of offers of settlement; provisions; contracts; torts; repeal certain provisions............................................1494, 1498, 1647, 1894 SB 525 --Landlord and tenant; dispossessory proceedings; amend provisions..........................................501, 502, 548, 1894, 2270, 2733 SB 526 --Health insurance; direct payment to health care provider for services ..............................................966, 968, 998,
1116, 1735, 2042 SB 529 --Ad valorem tax; erroneous assessments;
appeals; disclosures ................................1126, 1129, 1213, 1778, 1930, 2125 SB 531 --Public assistance; temporary assistance for
needy families; qualified aliens...............................430, 431, 460, 622, 1856 SB 532 --Municipalities; elections; notice of
write-in candidacy.............................................................903, 905, 959, 1781 SB 533 --Joint Board of Family Practice; redesignate
as Georgia Board for Physician Workforce.....................................430, 432, 460, 998, 1668
SB 535 --Administrative hearings; transfer pending cases from Professional Practices Commission to Professional Standards Commission..............................................................966, 968, 998, 1392, 1845
SB 537 --Alcoholic beverages; Sunday sales; allow at certain race track facilities...................................................501, 502, 548, 717, 1160, 1222
SB 538 --Motor vehicles; liability insurance requirement; amend provisions.................................!089, 1091, 1121, 2112
SB 540 --Probate courts; certain counties; allow to hear appeals and hold jury trials .........................................966, 969, 998
SB 541 --Probate courts; certain trust issues; concurrent jurisdiction with superior court.............................794, 796, 899
SB 542 --Insurance Commissioner; certain filings; public record; financial statements; repeal certain requirement.........................................................794, 796, 899
SB 543 --Paramedics; cardiac technicians; certification and recertification.......................................................1219, 1221, 1254, 1781
SB 544 --Warehouse receipts; cotton; electronic warehouse receipts........................................794, 796, 899, 1123, 2148, 2282
SB 549 --Incapacitated adults; emergency guardians; health care facilities; certain consent for admission or discharge.........................................1402, 1403, 1484, 1782
SB 552 --Contracts; court jurisdiction and venue.............................................634, 635, 726
SB 558 --Teachers Retirement; restoration of beneficiary
to service; reimbursement of certain
benefits...........................................................967, 969, 998, 1081, 1881, 2283
SB 560 --Clinical laboratories; examination of human

3032

INDEX

specimens; quality assurance program.........................................1044, 1046, 1085, 1781, 2145, 2731
SB 562 --Insurance; lawful firearms kept on property; prohibit denial of coverage.............................. 1001, 1003, 1040, 1777, 1909
SB 564 --Grovetown, City of; new charter................................462, 465, 497, 549, 550, 795 SB 565 --Education; student program counts.........................................967, 969, 998, 1392 SB 566 --Automated external defibrillators; provide
for easier public access ................................903, 905, 959, 1393, 1659, 1908 SB 567 --Counties; certain authorities; authorize certain
charitable grants or contributions.............................................903, 905, 959
SB 569 --Georgia Music Hall of Fame Authority; membership; advisory committee.............................................762, 763, 788, 1320, 2063, 2282
SB 570 --Murder of certified peace officer; define offense .............................763, 763, 788
SB 572 --Emergency 911 service and system; Joint Study Committee on Wireless Enhanced 911 Charges ...................................................794, 797, 899, 1393, 1866, 2125
SB 573 --Zoning; redefine "zoning decision"; special use permit...............................................................794, 797, 899, 1081, 2107, 2132, 2286, 2380, 2425, 2633, 2736
SB 574 --State government; recycled paper use; change requirements ....................................903, 905, 959, 1320, 1934, 2282
SB 575 --Hospitals; inpatient services; provide for uniform reimbursement .......................................1219,1222, 1254, 2058
SB 583 --Gwinnett County; board of commissioners; compensation................................................................................551, 553, 629
SB 584 --Chattahoochee Judicial Circuit; superior court judges; supplement.........................................551, 553, 629, 893, 1074
SB 586 --State patrol; appointment to trooper; eligibility requirements................................967, 969, 998, 1420, 2153, 2284
SB 590 --Deposit account fraud; instruments for collateral; prohibit acceptance for less than face value ...............................................................1091, 1130, 1213
SB 591 --Seat belts; exclude all terrain vehicles; define "restrained" ................................................................1127, 1130, 1213
SB 592 --Workers' compensation; National Guard; indemnification; certain Guard members and firemen..............................................................967, 969, 998, 1214, 1738
SB 593 --Elections; amend provisions................................................1491, 1498, 1647, 1894 SB 594 --Essential Rural Health Care Provider Access
Act; enact; joint county and municipal hospital authorities.......................................794, 797, 899, 1777, 1852, 2042 SB 595 --Mutual insurers; mergers; mutual insurance holding companies; provisions.................................794, 797, 899
SB 598 --DeKalb County; community improvement district; create..........................................................964, 969, 998, 1484, 1487
SB 599 --Health records; governmental entities furnish to employees.............................................................1219, 1222, 1254
SB 600 --Zoning; automatic zoning of certain property; drug dependency facility; hearings....................................................1491, 1498, 1647, 1778, 1935, 2731
SB 603 --Health insurance; children's cancer
treatment; coverage of certain costs for clinical trials................................................1493, 1498, 1647, 1777, 1916
SB 604 --Stone Mountain Memorial Association; exercise
of police powers...........................................................H27, 1130, 1213, 1895
SB 605 --Ethics in government; candidates and

INDEX

3033

family; contributions .............................................................1494, 1499, 1647 SB 608 --Fire and other hazards; regulation;
citations for noncompliance.................................................1127, 1130, 1213 SB 612 --Schools; build on state property; county
property; transfer to county board of education.................................................................................!495, 1499, 1647 SB 615 --Cosmetologists; regulate.................................................................1044, 1046, 1085 SB 616 --Motor vehicles; driver's record; furnish to General Assembly member ...................................1260, 1262, 1324, 1778 SB 619 --Bryan County; homestead exemption; referendum.................................................................901, 905, 959, 999, 1000 SB 620 --Health insurance; mental disorders; coverage of treatment.......................................X001, 1003, 1040, 1385, 2236 SB 623 --Attorney's fees; certain claims; appeals from judgments; review ..............................................1001, 1004, 1040, 1782 SB 625 --Pooler, City of; convention and visitors bureau authority..........................................................................901, 905, 959 SB 627 --Fannin County; board of commissioners; certain appointments ..................................................................901, 906, 959 SB 628 --Fannin County; board of registrations and elections; terms ............................................................................901, 906, 959 SB 630 --Elections Code; merge general and municipal provisions; repeal Georgia Municipal Election Code ..................1329, 1330, 1392, 1710, 1843 SB 633 --Community service or required work by incarcerated person; travel time..........................................!491, 1499, 1647 SB 634 --Privileged testimony; attorney and client; extend privilege......................................................................!496, 1499, 1647
SB 638 --State and local government; tort liability immunity; certain computer errors....................................................-....1494, 1499, 1647, 1886, 2044, 2733
SB 641 --Highways; Department of Transportation and municipalities; powers...................................................1495, 1499, 1647
SB 643 --Jekyll Island--State Park Authority; certain leasehold interests; taxes.........................................!329, 1331, 1392
SB 644 --Senate; reapportion districts 3 and 6....................................................1045, 1046, 1085, 1086, 1123, 1343
SB 646 --Hall County; sales tax distribution for education............................................................!043, 1047, 1085, 1255, 1258
SB 649 --Fishing; courtesy nonresident license; certain disabled veterans............................................!260, 1262, 1324, 1325
SB 651 --Glynn County; homestead exemption; referendum...............................................!043, 1047, 1085, 1395, 1398, 1908
SB 655 --Probate court judge; custodian of certain funds for certain minors; distribution................................1491, 1500, 1647
SB 656 --Workers' compensation; group selfinsurance funds; certain examinations; private examiners..............................................l491, 1500, 1647, 1777, 2100
SB 657 --Insurers; bad faith refusal to timely pay claim; liability .................................................................1491, 1500, 1647
SB 660 --Juvenile proceedings; court-ordered counseling; custody order duration..............................................1260, 1262,
1324, 1711, 2146, 2733
SB 661 --Metropolitan river protection;
comprehensive land and water
use plans ..................................................1402, 1403, 1484, 1782, 2088, 2284
SB 664 --Cobb County; juvenile court judges;

3034

INDEX

compensation.....................................................1258, 1262, 1324, 1395, 1401 SB 665 --Health insurance coverage; newborn or
adopted child; women's access; conversion...............................,.....................................1491, 1500, 1647, 1894 SB 666 --County boards of health; membership; school superintendent or designee .................................................1494, 1500, 1647,
1885, 2250, 2732 SB 670 --Advisory Committee on Pain and Symptom
Management; create............................... 1495, 1500, 1647, 1886, 2104, 2144 SB 671 --Corrections; Board of, Department of, and
commissioner of; change names...........................................1496, 1501, 1647 SB 672 --Morgan County; chief magistrate; nonpartisan
election.....................................................1258, 1262, 1324, 1725, 1783, 1802 SB 673 --Morgan County; probate court judge; nonpartisan
election................................................................!258, 1262, 1324, 1395, 1396 SB 674 --Morgan County; state court; create ...................................1259, 1263, 1324, 1726 SB 675 --Morgan County; state court; create ...................................1259, 1263, 1324, 1726 SB 676 --Stapleton, City of; corporate limits .........................1329, 1331, 1392, 1718, 1720
SB 677 --Coweta Judicial Circuit; judges; salary supplements.......................................................1259, 1263, 1324, 1711, 1910
SB 683 --Clayton County; magistrates; qualifications and terms ...........................................................1328, 1331, 1392, 1783, 1802
SB 685 --Clinch County; board of education; compensation..............................!328, 1331, 1392, 1718, 1720
SB 687 --Newton County; board of elections and registration; create............................................1401, 1404, 1484, 1718, 1720
SB 688 --Courts; judicial assistance from other courts; permanent basis..............................................!494, 1501, 1647, 1894
SB 693 --Transportation, Department of; certain rest area and information center; Cobb County...........................................1495, 1501, 1647, 1784, 2064, 2284
SB 695 --Lake City, City of; corporate Iimits.........................l489, 1501, 1647, 1718, 1720
SB 698 --Merit system; employee review and rating; performance based increases...................................1495, 1501, 1647
SB 700 --Fair employment practices; public employees; overtime or compensatory time.....................................................................1493, 1501, 1647, 1886, 2232
SB 701 --Cobb County; commission on children and youth; date to abolish.......................................l493, 1502, 1647, 1783, 1802
SB 702 --Douglas County; school tax collection; reimbursement...........,.......................................1493, 1502, 1647, 1783, 1803
SB 703 --Spalding County; collaborative authority for families and children; create...................................................1493, 1502, 1647, 1783, 1803
SB 704 --Liberty County; homestead exemption; certain residents.......................................................................-..........1493, 1502, 1647
SB 707 --Ball Ground, City of; corporate limits ..................................................1721, 1724, 1781, 1896, 1903
SB 708 --Gwinnett County; homestead exemption; certain residents .............................................................1721, 1724, 1781, 1896, 1903
SB 709 --Henry County; state court; create............................!803, 1807, 1894, 2027, 2037

PARTV
SENATE RESOLUTIONS IN HOUSE
SR 6 --Public office; defaulter on taxes not eligible to hold - CA ........................................................................No Action
SR 9 --"Hugh L. Logan Interchange"; designate ..............................................No Action SR 48 --"Evelyn S. Wade Highway"; designate ..................................................No Action SR 64 --Indemnification; certain state highway
employees - CA............................................................................903, 906, 959 SR 86 --Environmental trust fund; authorize
General Assembly to establish - CA...............................157, 158, 182, 1154 SR 144 --Driving under the influence; additional
fees; Brain and Spinal Injury Trust Fund - CA .............................83, 2085 SR 151 --Joint Study Committee on Baldwin County
State Properties; create ...................................................................No Action SR 178 --Conrail acquisition; urge U. S. Surface
Transportation Board consider needs of public..........................No Action SR 185 --Coastal Regional Aquarium and Maritime
Facility Study Commission; create..............................................................41 SR 200 --Civil trials; juries of six - CA...................................................................No Action SR 251 --"George W. Ross Highway"; designate......................................................188, 657 SR 252 --"Reverend Charles Walter Hayes Memorial
Highway"; "Reverend Charles Walter Hayes Memorial Bridge"; designate..........................................................No Action SR 331 --Municipal jail construction; General Assembly provide additional court fees to fund - CA.......................1220, 1222, 1254 SR 463 --Pardons and Paroles, State Board of; abolish certain authority - CA..................................................157, 159, 182,
204, 216, 755, 988, 1008, 1069 SR 467 --Blue Ribbon Study Committee on Funding
of the "Quality Basic Education Act"; create.........................................................................213, 215, 234, 1392,1844 SR 470 --Retired Teachers at the Capitol Day; declare ..............................................74, 78 SR 474 --Hxnong and Lao soldiers; legal immigrants; urge President and Congress grant citizenship...........................................................................903, 906, 959, 1214 SR 477 --Bipartisan Joint Commission on Parole Abolition and Sentencing Reform; create .......................................157, 159,
182, 204, 224, 283 SR 481 --DeKalb County; convey property ......................................266, 268, 290, 624, 817 SR 485 --Amateur Radio Weekend; designate June 27-28......................................136, 204 SR 488 --Coffee County; convey property .........................................................266, 268, 290 SR 489 --White, Coffee, and Chatham counties; convey
property; Cobb County; lease and convey property ..............................................266, 269, 290, 624, 1811, 2284 SR 490 --"Dr. Deryl Hart Road"; designate...................................403, 404, 426, 549, 1816

3036

INDEX

SR 493 --Baldwin County; convey property .........................267, 269, 290, 624, 1817, 2284 SR 494 --Baldwin County; convey property ......................................................267, 269, 290 SR 496 --Baldwin County; convey property......................................................267, 269, 290 SR 527 --Chatham County; convey property ..........................................634, 635, 726, 1386 SR 529 --Lottery proceeds; uses; specify educational
programs and purposes - CA..........................................552, 553, 629, 1718, 1846, 2131, 2286, 2359, 2374, 2576, 2736
SR 530 --Bibb, Chatham, Clarke, DeKalb, Dougherty, McDuffie, Muscogee, Richmond, and Union counties; grant easement..........................................634, 635, 726, 909, 1822
SR 532 --Land, Water, Wildlife, and Recreation Heritage Fund; General Assembly provide - CA..................................................267, 269, 290, 1116, 2220, 2733
SR 544 --Joint Study Committee on Franchise Fees and Conditions, Rights of Way, and Tax Implications of Competitive Markets; create..........................................,........................1492, 1502, 1647, 2115, 2273
SR 552 --Joint Study Committee on Historic Preservation; create..........................................1492, 1502, 1647, 2115, 2213
SR 559 --Roadside enhancement and beautification fund; General Assembly provide - CA ....................................552, 554, 629, 1392, 1727, 1908, 2170, 2483, 2484, 2647, 2736
SR 560 --Hancock, Appling, and Fulton counties; convey property ............................................634, 636, 726, 1255, 1822, 2284
SR 581 --Lumpkin County; convey property; repeal previous authorization..............................................634, 636, 726, 909, 1840
SR 583 --"Pete Wheeler Georgia War Veterans Memorial Plaza"; designate...............................................!492, 1502, 1647, 1777, 1840
SR 586 --Peace officers; establishment of minimum salary; General Assembly recognize need .......................................1128, 1130, 1213
SR 587 --Geriatrics; encourage creation of graduate medical education curricula ..................................904, 906, 959, 1886, 2109
SR 588 --Bobby Eugene Parham Food Service Facility; designate at Central State Hospital.............................................l090, 1092, 1121, 1386, 1655
SR 592 --Liver Awareness Month; designate May, 1998 .................................464, 465, 497 SR 593 --Joint State Income Tax Reform Study
Commission; create................................................................!492, 1503, 1647 SR 613 --David Nipper Memorial Bridge; designate.......................H28, 1131, 1213, 1395 SR 627 --Chatham County; grant easement......................................!402, 1404, 1484, 2026 SR 635 --DeKalb County; convey property ............................1128, 1131, 1213, 1386, 1826 SR 639 --"Tommy Irvin Parkway"; designate ........................1129, 1131, 1213, 1784, 2073 SR 644 --Joint Stream Buffer Study Committee;
create..................,..........................................................1261, 1263, 1324, 2115 SR 646 --Joint Study Committee on School Support
Personnel; create....................................................................!403, 1404, 1484 SR 648 --"Tom Coleman Highway"; "Mack Mattingly
Highway"; designate..............................................................l492, 1503, 1647 SR 653 --"Duane Allman Boulevard"; "Raymond Berry
Oakley III Bridge"; designate....................................!492, 1503, 1647, 1784 SR 655 --Hugh Alton Carter Bridge; designate.................-....1402, 1404, 1484, 1784, 2062 SR 674 --Joint Study Committee on Local
Assistance Grants; create .....................................................1402, 1404, 1484
SR 677 --Joint Study Committee on School Health
Care; create..............................................................-..............1492, 1503,1647
SR 680 --DUI Study Commission; create.....................................................!492, 1503, 1647
SR 766 --Insurance; state standards; exemption of

INDEX

3037

certain health plans; urge Congress reject legislation...............................................................................2144, 2231