Journal of the House of Representatives of the State of Georgia at the regular session commenced at Atlanta, Monday, January 11, 1999 and adjourned Wednesday, March 24, 1999, volume I

Compiler's Note
The Journal of the House of Representatives regular session of 1999 is bound in two separate volumes. The large number of pages made it impractical to bind into one volume.
Volume 1 contains January 11, 1999 through March 9, 1999. Volume JJ contains March 10, 1999 through March 24, 1999 and the complete index.

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 11, 1999 and adjourned Wednesday, March 24, 1999
VOLUME I
1999 Atlanta, Ga. Printed on Recycled Paper

OFFICERS
OF THE
HOUSE OF REPRESENTATIVES
1999-2000
THOMAS B. MURPHY .................................................... Speaker 18th DISTRICT, HARALSON COUNTY
JACK CONNELL .............................................. Speaker Pro Tern 115th DISTRICT, RICHMOND COUNTY
ROBERT E. RIVERS, JR. ..................................................... Clerk HARALSON COUNTY
DON CASTLEBERRY .................................................. Messenger STEWART COUNTY
WARD EDWARDS ...................................................... Doorkeeper TAYLOR COUNTY
STAFF OF CLERK'S OFFICE
CHRISTEL RAASCH ........................................... Assistant Clerk GWINNETT COUNTY
JANE C. MAYO ....................................................... Journal Clerk COBB COUNTY
BOBBIE JOHNSON ........................Assistant Clerk for Enrolling GWINNETT COUNTY
BARBARA B. SMITH ... Assistant Clerk for Information Systems DOUGLAS COUNTY
CAROLYN PETTUS ..........................Assistant Clerk for Roll Call GWINNETT COUNTY
ARTHUR VINING......Assistant Clerk for Printing & Distributing NEWTON COUNTY
MARY ANNA MEEKS ........................................... Calendar Clerk FULTON COUNTY
CICERO LUCAS.... Assistant Clerk for Administrative Assistance GWINNETT COUNTY

MONDAY, JANUARY 11, 1999
HOUSE JOURNAL

Representative Hall, Atlanta, Georgia Monday, January 11, 1999

The Representatives-elect of the General Assembly of Georgia for the years 1999-2000 met pursuant to law in the Hall of the House of Representatives at 10:00 o'clock, A.M., this day and were called to order by Robert E. Rivers, Jr., Clerk of the House of Representatives.
Prayer was offered by Elder Homer E. Benefield, Haralson County, Georgia.
The members pledged allegiance to the flag.
The following communication from the Honorable Lewis A. Massey, Secretary of State, certifying the Representatives-elect for the years 1999-2000, was received and read:
STATE OF GEORGIA OFFICE OF SECRETARY OF STATE
I, Lewis A. Massey, Secretary of State of the State of Georgia, do hereby certify that the attached eight (8) pages of typewritten matter constitute a true and correct list of State Representatives in the General Assembly of Georgia in the 1998 General Election held on November 3, 1998; all as the same appear on file and record in this office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 18th day of December, in the year of our Lord One Thousand Nine Hundred and Ninety-eight and of the Independence of the United States of America the Two Hundred and Twenty-third.
/s/ Lewis A. Massey Secretary of State (SEAL)

Brian Joyce Michael M. Snow William H. Clark James Alien Hammontree Harold Mann Charles "Judy" Poag Ben N. Whitaker Ralph Twiggs Ben D. Bridges, Sr. Thomas Edward Shanahan Barbara Massey Reece Paul E. Smith E. M. (Buddy) Childers Walter Jeffrey Lewis Garland Pinholster Steve Stancil Charles F. Scheid, III

Walker Walker Catoosa Whitfield Whitfield Murray Gilmer Towns White Gordon Chattooga Floyd Floyd Bartow Cherokee Cherokee Cherokee

State Representative, District 1 State Representative, District 2 State Representative, District 3 State Representative, District 4 State Representative, District 5 State Representative, District 6 State Representative, District 7 State Representative, District 8 State Representative, District 9 State Representative, District 10 State Representative, District 11 State Representative, District 12 State Representative, District 13 State Representative, District 14 State Representative, District 15 State Representative, District 16 State Representative, District 17

JOURNAL OF THE HOUSE

Thomas B. Murphy Clinton Wiles Smith Carlton Wellborn Rogers, Sr. James Willard Mills Mary Jeanette Jamieson Alan T. Powell Ralph T. Hudgens Scott Tolbert James Glenn Richardson William Francis (Bill) Cummings Mike Evans Randy James Sauder Richard Marshall Golick Sharon Cooper Judith Hubert Manning Don Edwin Wix John Wiles George H. Grindley, Jr. Earl Ehrhart Mitchell Kaye Kemuel Wayne Shipp, Sr. Robert L. Franklin, Jr. Don L. Parsons Joseph Mark Burkhalter Thomas Ralph Campbell, Jr. Dorothy Felton Sharon Trense Robert Andrew Irvin Kathy B. Ashe James Francis Martin Douglas Cox Dean Pamela A. Stanley Lanett L. Stanley J. E. (Billy) McKinney Kasim Reed Bob Holmes Tyrone Brooks Joe Heckstall Nan Grogan Orrock Georganna T. Sinkfield Sharon Beasley Teague Francis R. Millar Max Davis Douglas Clark Teper Sally Roettger Harrell E. Paul Jennings, Jr. Arnold Mays Ragas Michele Henson June Hegstrom Ethel Stephanie Stuckey JoAnn McClinton Barbara J. Mobley Stanley K. Watson Vernon Jones George Maddox Henrietta E. Turnquest Barbara Jean Bunn

Haralson Dawson Hall Hall Stephens Hart Madison Jackson Paulding Polk Forsyth Cobb Cobb Cobb Cobb Cobb Cobb Cobb Cobb Cobb Cobb Cobb Cobb Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton DeKalb DeKalb DeKalb DeKalb DeKalb DeKalb DeKalb DeKalb DeKalb DeKalb DeKalb DeKalb DeKalb DeKalb DeKalb Rockdale

State Representative, District 18 State Representative, District 19 State Representative, District 20 State Representative, District 21 State Representative, District 22 State Representative, District 23 State Representative, District 24 State Representative, District 25 State Representative, District 26 State Representative, District 27 State Representative, District 28 State Representative, District 29 State Representative, District 30 State Representative, District 31 State Representative, District 32 State Representative, District 33 State Representative, District 34 State Representative, District 35 State Representative, District 36 State Representative, District 37 State Representative, District 38 State Representative, District 39 State Representative, District 40 State Representative, District 41 State Representative, District 42 State Representative, District 43 State Representative, District 44 State Representative, District 45 State Representative, District 46 State Representative, District 47 State Representative, District 48 State Representative, District 49 State Representative, District 50 State Representative, District 51 State Representative, District 52 State Representative, District 53 State Representative, District 54 State Representative, District 55 State Representative, District 56 State Representative, District 57 State Representative, District 58 State Representative, District 59 State Representative, District 60 State Representative, District 61 State Representative, District 62 State Representative, District 63 State Representative, District 64 State Representative, District 65 State Representative, District 66 State Representative, District 67 State Representative, District 68 State Representative, District 69 State Representative, District 70 State Representative, District 71 State Representative, District 72 State Representative, District 73 State Representative, District 74

MONDAY, JANUARY 11, 1999

Earl L. O'Neal Scott Dix Charles E. Bannister Mary Hodges Squires Thomas Robert Rice Brooks P. Coleman, Jr. Eugene L. Callaway Michael T. Coan Jeffrey "Jeff' L. Williams Renee' S. Unterman Bobby Clifford Reese Charles Warren Massey Rolano Lenwood Walker Mary Louise McBee Keith G. Heard Thomas Alien McCall Robert H. (Bob) Smith, Sr. James S. "Jim" Stokes Frank I. Bailey, Jr. Ronald Martin Dodson Gail M. Buckner Jimmy W. Benefield Michael E. Barnes Bill Hembree Robert J. Snelling III Tracy Stallings Jack West Vance Smith, Jr. Evelyn Lynn Ratigan Smith Lynn A. Westmoreland Kathryn Burgess Cox John Yates William Berryman "Bill" Sanders James Steven Cash Joseph L. "Larry" Smith Curtis Stephen Jenkins Robert Melvin (Micky) Channell William S. (Bill) Jackson Ben Lewis Harbin Robin Williams Jack Connell Alberta J. Anderson Benjamin Alien Henry L. Howard George L. DeLoach Helen G. 'Sistie' Hudson Jimmy Lord Bobby Eugene Parham Kenneth (Ken) W. Birdsong David E. Lucas David B. Graves Robert A. B. Reichert William C. (Billy) Randall Robert Ray Robert Mallory (Mack) Crawford Jeffrey Warner Brown Carl Von Epps

Rockdale DeKalb Gwinnett Gwinnett Gwinnett Gwinnett Gwinnett Gwinnett Gwinnett Gwinnett Gwinnett Barrow Walton Clarke Clarke Elbert Oconee Newton Clayton Clayton Clayton Clayton Clayton Douglas Douglas Carroll Carroll Harris Coweta Fayette Fayette Spalding Spalding Henry Butts Monroe Greene Columbia Columbia Richmond Richmond Burke Richmond Richmond Richmond Hancock Washington Baldwin Twiggs Bibb Bibb Bibb Bibb Crawford Pike Troup Troup

State Representative, District 75 State Representative, District 76 State Representative, District 77 State Representative, District 78 State Representative, District 79 State Representative, District 80 State Representative, District 81 State Representative, District 82 State Representative, District 83 State Representative, District 84 State Representative, District 85 State Representative, District 86 State Representative, District 87 State Representative, District 88 State Representative, District 89 State Representative, District 90 State Representative, District 91 State Representative, District 92 State Representative, District 93 State Representative, District 94 State Representative, District 95 State Representative, District 96 State Representative, District 97 State Representative, District 98 State Representative, District 99 State Representative, District 100 State Representative, District 101 State Representative, District 102 State Representative, District 103 State Representative, District 104 State Representative, District 105 State Representative, District 106 State Representative, District 107 State Representative, District 108 State Representative, District 109 State Representative, District 110 State Representative, District 111 State Representative, District 112 State Representative, District 113 State Representative, District 114 State Representative, District 115 State Representative, District 116 State Representative, District 117 State Representative, District 118 State Representative, District 119 State Representative, District 120 State Representative, District 121 State Representative, District 122 State Representative, District 123 State Representative, District 124 State Representative, District 125 State Representative, District 126 State Representative, District 127 State Representative, District 128 State Representative, District 129 State Representative, District 130 State Representative, District 131

JOURNAL OF THE HOUSE

Thomas (Tommy) H. Davis Carolyn F. Hugley Maretta Mitchell Taylor Thomas B. Buck III Calvin Smyre James Marvin Skipper, Jr. Johnny W. Floyd Pamela Bohannon Lynmore James Larry Walker Terry L. Coleman DuBose Porter Larry J. "Butch" Parrish James "Jim" L. Martin Robert Emory Lane Ann R. Purcell Lester George Jackson, III Dorothy B. Pelote James Ronald Stephens Thomas C. Bordeaux, Jr. Anne Mueller Cecil Burke Day, Jr. Terry E. Barnard Gregory Adam Morris Newt Hudson Bobby Ray Holland, Jr. Gerald E. Greene Robert P. Hanner Dan E. Ponder, Jr. Winfred Dukes Lawrence R. Roberts H. Doug Everett A. Richard Royal James Austin Scott Lillian Penelope (Penny) Houston Charles (Chuck) Neil Sims, Jr. Harry D. Dixon Tommy Smith Roger C. Byrd George Hinson Mosley Homer M. (Buddy) DeLoach Eugene Ceasar Tillman Stephen G. Scarlett Charlie C. Smith, Jr. James S. Shaw Ronald Michael Borders Henry L. Reaves Wallace E. Sholar John D. Bulloch, Jr.

Muscogee Muscogee Muscogee Muscogee Muscogee Sumter Crisp Houston Macon Houston Dodge Laurens Emanuel Bulloch Bulloch Effingham Chatham Chatham Chatham Chatham Chatham Chatham Tattnall Toombs Wilcox Turner Randolph Terrell Seminole Dougherty Dougherty Dougherty Mitchell Tift Berrien Coffee Ware Bacon Jeff Davis Wayne Liberty Glynn Glynn Camden Lanier Lowndes Brooks Grady Thomas

State Representative, District 132 State Representative, District 133 State Representative, District 134 State Representative, District 135 State Representative, District 136 State Representative, District 137 State Representative, District 138 State Representative, District 139 State Representative, District 140 State Representative, District 141 State Representative, District 142 State Representative, District 143 State Representative, District 144 State Representative, District 145 State Representative, District 146 State Representative, District 147 State Representative, District 148 State Representative, District 149 State Representative, District 150 State Representative, District 151 State Representative, District 152 State Representative, District 153 State Representative, District 154 State Representative, District 155 State Representative, District 156 State Representative, District 157 State Representative, District 158 State Representative, District 159 State Representative, District 160 State Representative, District 161 State Representative, District 162 State Representative, District 163 State Representative, District 164 State Representative, District 165 State Representative, District 166 State Representative, District 167 State Representative, District 168 State Representative, District 169 State Representative, District 170 State Representative, District 171 State Representative, District 172 State Representative, District 173 State Representative, District 174 State Representative, District 175 State Representative, District 176 State Representative, District 177 State Representative, District 178 State Representative, District 179 State Representative, District 180

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

Alien Anderson Ashe Bailey Bannister Barnard Barnes

Benefleld Birdsong Bohannon Bordeaux
Borders Bridges Brooks

Brown Buck
Buckner Bulloch Bunn
Burkhalter Byrd

Callaway
Campbell Cash Channell Childers Clark
Coan

Coleman, B
Coleman, T
Connell Cooper Cox Crawford Cummings

Davis, M Davis, T Day Dean DeLoach, B DeLoach, G Dix Dixon
Dodson Dukes Ehrhart Epps Evans Everett Felton
Floyd
Franklin Golick Graves
Greene
Grindley
Hammontree Hanner Harbin Harrell Heard Heckstall Hegstrom Hembree

MONDAY, JANUARY 11, 1999

Henson Holland Holmes Houston Howard Hudgens Hudson, H Hudson, N
Hugley Irvin Jackson, B Jackson, L James Jamieson Jenkins
Jennings
Jones Joyce Kaye
Lane
Lewis
Lord Lucas Maddox Mann Manning Martin, J Martin, J.L Massey

McBee McCall McClinton McKinney Millar Mills Mobley Morris
Mosley Mueller O'Neal Orrock Parharo Parrish Parsons
Pelote
Pinholster Poag Ponder
Porter
Powell
Purcell Ragas Randall Ray Reaves Reece Reed Reese

Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder
Scarlett Scheid Scott Shanahan Shaw Shipp Sholar
Sims
Sinkfield Skipper Smith, B
Smith, C
Smith, C.W
Smith, L Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow

5
Squires Stallings Stancil Stanley, P Stanley-Turner Stephens Stuckey Taylor Teague Teper Tillman T Ib rt _ T lurnquest
Iwiggs Unterman Walker, L Walker, R.L
Watson West Westmoreland Whitaker Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

The following oath of office was administered to the Representatives-elect by Judge Mike Murphy, Judge Superior Court, Tallapoosa Judicial Circuit.
I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me. I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State.
I further swear or affirm that I am not the holder of any public money due this State or any political subdivision or authority thereof, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia and that I am not a member of the Communist Party.
So help me God.
The next order of business being the election of the Speaker of the House for the 19992000 term, Representative Walker of the 141st placed in nomination the name of the Honorable Thomas B. Murphy of the 18th, which nomination was seconded by Representative Skipper of the 137th.
Representative Campbell of the 42nd placed in nomination the name of the Honorable Robert A. Irvin of the 45th, which nomination was seconded by Representative Ponder of the 160th.
Representative Walker of the 141st moved that the nominations be closed.
The motion prevailed.
The election of the Speaker was ordered on the roll call machine. Those voting for Representative Murphy voted "aye". Those voting for Representative Irvin voted "nay".
The vote was as follows:

JOURNAL OF THE HOUSE

Y Alien Y Anderson N Ashe Y Bailey N Bannister N Barnard Y Barnes Y Benefield Y Birdsong N Bohannon Y Bordeaux Y Borders N Bridges Y Brooks N Brown Y Buck Y Buckner N Bulloch N Bunn N Burkhalter Y Byrd N Callaway N Campbell N Cash Y Channell Y Childers N Clark N Coan N Coleman, B Y Coleman, T Y Connell N Cooper N Cox N Crawford Y Cummings N Davis, M

N Davis, T N Day Y Dean N DeLoach, B N DeLoach, G N Dix Y Dixon Y Dodson Y Dukes N Ehrhart Y Epps N Evans N Everett N Felton Y Floyd N Franklin N Golick N Graves Y Greene N Grindley N Hammontree Y Hanner N Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard N Hudgens Y Hudson, H Y Hudson, N

Y Hugley N Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings Y Jones N Joyce N Kaye Y Lane N Lewis Y Lord Y Lucas Y Maddox N Mann N Manning Y Martin, J N Martin, J.L N Massey Y McBee Y McCall Y McClinton Y McKinney N Millar N Mills Y Mobley Y Morris Y Mosley N Mueller Y O'Neal Y Orrock Y Parham Y Parrish N Parsons

Y Pelote N Pinholster Y Poag N Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed N Reese Y Reichert N Rice N Richardson Y Roberts Y Rogers Y Royal N Sanders N Sauder N Scarlett N Scheid
N Scott Y Shanahan Y Shaw N Shipp Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B Y Smith, C N Smith, C.W Y Smith, L

Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow Squires Stallings Stancil Stanley, P Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper Tillman Tolbert Trense Turnquest Twiggs Unterman Walker, L Walker, R.L Watson West Westmoreland Whi taker Wiles Williams, J Williams, E Wix Yates Murphy, Spkr

On the election of the Speaker, The Honorable Thomas B. Murphy received 104 votes and the Honorable Robert A. Irvin received 76 votes.
The Honorable Thomas B. Murphy of the 18th, having received the majority of the votes cast, is hereby declared elected Speaker of the House for the ensuing term.
The Chair appointed as a Committee to escort the Speaker to the Speaker's stand the following members:
Representatives Shanahan of the 10th, Powell of the 23rd, Cummings of the 27th, Brooks of the 54th, Heard of the 89th, Buckner of the 95th, Anderson of the 116th and Sims of the 167th.
The Honorable Thomas B. Murphy was escorted to the Speaker's stand whereupon he assumed the Chair and thanked the members for having elected him Speaker.
The next order of business being the election of a Clerk of the House for the 1999-2000 term, Representative Coleman of the 142nd placed in nomination the name of the Honorable Robert E. Rivers, Jr. of Haralson County, as Clerk, which nomination was seconded by Representative DeLoach of the 172nd.
Representative Walker of the 141st moved that the nominations be closed and that the Deputy Clerk of the House be instructed to cast the entire vote of the membership present for the nominee. The motion prevailed and on the election of the Clerk of the House, the Honorable Robert E. Rivers, Jr. of Haralson County received 180 votes, being the entire vote of the membership present.

MONDAY, JANUARY 11, 1999

7

The Honorable Robert E. Rivers, Jr. was thereby declared elected Clerk of the House for the ensuing term.
The Chair appointed as a Committee to escort the Clerk to the Speaker's stand the following members:
Representatives McBee of the 88th, Smith of the 103rd, McKinney of the 51st, Royal of the 164th, Benefield of the 96th, Buck of the 135th, Henson of the 65th and Parsons of the 40th.
The following oath of office was administered to the Honorable Robert E. Rivers, Jr., Clerk of the House, by Thomas B. Murphy, Speaker of the House of Representatives:
I hereby swear that I will discharge the duties of the office of the Clerk of the House of Representatives, faithfully and to the best of my skill and knowledge. I further swear that I am aot the holder of any public money due this State or any political subdivision or authority thereof, unaccounted for, that I am not the holder of any office of trust under the government of the United States, nor of any one of the several states, nor of any foreign state, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia; and that I am not a member of the communist party.
So help me God.
The Clerk addressed the House expressing his appreciation to the members for having elected him Clerk of the House of Representatives.
The following Resolution of the House was read and adopted:
HR 2. By Representative Walker of the 141st

A RESOLUTION
To notify the Senate that the House of Representatives has convened; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Clerk of the House is hereby instructed to notify the Senate that the House of Representatives has convened in regular session and is now ready for the transaction of business.
The following Resolution of the House was read:
HR 3. By Representative Walker of the 141st

A RESOLUTION
Calling a joint session of the House of Representatives and Senate; providing for other matters relative to the inauguration of the Governor and Lieutenant Governor; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the House of Representatives and Senate meet in joint session at 11:30 A.M., Monday, January 11, 1999, on the Capitol grounds for the purpose of inaugurating Honorable Roy E. Barnes as Governor and Honorable Mark Taylor as Lieutenant Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the presiding officer of the House and seven from the Senate to be named by the presiding officer of the Senate, be appointed to escort the Governor-elect and the Lieutenant Governor-elect to the inauguration.

JOURNAL OF THE HOUSE

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

Y Alien Y Anderson Y Ashe
Bailey Y Bannister Y Barnard Y Barnes
Benefield Y Birdsong
Bohannon Bordeaux Borders Bridges Brooks Brown Buck Buckner Bulloch Bunn Burkhalter Byrd Y Callaway Y Campbell Y Cash Y Channel! Y Childere Y Clark Y Coan Y Coleman, B Y Coleman, T Y Cornell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson
Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree
Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis
Y Lord Y Lucas
Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese 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 Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Smith, L.R Smith, P Smith, T Smith, V Smyi-e Snelling Snow Squires Stal lings Standl Stanley, P Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper Tilhnan Tolbert Trense Turnquest Twiggs Unteirman Walker, L Walker, R.L Watson West Westmoreland Whitaker Wiles Williiims, J Williams, R Wix Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 171, nays 0.
The Resolution was adopted.
The next order of business being the election of a Speaker Pro Tern for the House for the 1999-2000 term, the name of the Honorable Jack Connell of the 115th was placed in nomination by Representative Snow of the 2nd, which nomination was seconded by Representative Tillman of the 173rd.
Representative Trense of the 44th placed in nomination the name of the Honorable Bob Snelling of the 99th, which nomination was seconded by Representative Westmoreland of the 104th.
Representative Walker of the 141st moved that the nominations be closed.
The motion prevailed.
The election of the Speaker Pro Tern was ordered on the roll call machine. Those voting f"onrayR".epresentative Connell voted "aye". Those voting for Representative Snelling voted

The vote was as follows:

Y Alien Y Anderson N Ashe

Y Bailey N Bannister N Barnard

Y Barnes Y Benefield Y Birdsong

N Bohannon Y Bordeaux Y Borders

N Bridges Y Brooks N Brown

Y Buck Buckner
N Bulloch N Bunn N Burkhalter
Byrd N Callaway N Campbell N Cash Y Channell Y Childers N Clark N Coan N Coleman, B Y Coleman, T
Connell N Cooper N Cox N Crawford Y Cummings N Davis, M N Davis, T N Day Y Dean N DeLoach, B N DeLoach, G N Dix
Dixon Y Dodson
Dukes N Ehrhart Y Epps N Evans

MONDAY, JANUARY 11, 1999

N Everett N Felton Y Floyd N Franklin N Golick N Graves Y Greene N Grindley N Hammontree Y Hanner N Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom
N Hembree Henson
Y Holland Y Holmes Y Houston Y Howard N Hudgens Y Hudson, H Y Hudson, N Y Hugley N Irvin N Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings Y Jones

N Joyce N Kaye Y Lane N Lewis Y Lord Y Lucas
Maddox
N Mann N Manning Y Martin, J N Martin, J.L N Massey Y McBee Y McCall
Y McClinton Y McKinney N Millar N Mills Y Mobley Y Morris Y Mosley N Mueller Y O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Pelote N Pinholster Y Poag N Ponder Y Porter Y Powell

Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert N Rice N Richardson Y Roberts Y Rogers Y Royal N Sanders N Sauder N Scarlett
N Scheid
N Scott Y Shanahan Y Shaw N Shipp Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B Y Smith, C N Smith, C.W Y Smith, L N Smith, L.R Y Smith, P Y Smith, T

N Smith, V Y Smyre N Snelling Y Snow Y Squires Y Stallings N Stancil Y Stanley, P Y Stanley-Turner N Stephens Y Stokes Y Stuckey Y Taylor Y league Y Teper Y Tillman N Tblbert N Trense
Turnquest Y Twiggs N Unterman Y Walker, L N Walker, R.L Y Watson Y West N Westmoreland Y Whitaker N Wiles N Williams, J Y Williams, R Y Wix N Yates Y Murphy, Spkr

On the election of the Speaker Pro Tern, the Honorable Jack Connell received 98 votes and the Honorable Bob Snelling received 75 votes.
The Honorable Jack Connell of the 115th, having received the majority of the votes cast, is thereby declared elected Speaker Pro Tern of the House for the ensuing term.
Due to a mechanical malfunction, the vote of Representative Reese of the 85th was recorded as "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
The Speaker appointed as a committee to escort the Speaker Pro Tern to the Speaker's stand the following members:
Representatives O'Neal of the 75th, Alien of the 117th, Houston of the 166th, Hugley of the 133rd, Squires of the 78th, Lord of the 121st, Shaw of the 176th and Rogers of the 20th.
The Honorable Jack Connell of the 115th was escorted to the Speaker's stand where he addressed the House expressing his appreciation to the members for having elected him as Speaker Pro Tern of the House of Representatives.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following resolution of the Senate: SR 1. By Senators Starr of the 44th, Walker of the 22nd and Scott of the 36th:
A resolution notifying the House that the Senate has convened.

10

JOURNAL OF THE HOUSE

The Speaker announced the House in recess until the hour of convening the Joint Session, pursuant to HR 3.
The hour of convening the Joint Session pursuant to HR 3 having arrived, the members of the House and Senate met for the purpose of inaugurating the Honorable Roy E. Barnes as Governor and the Honorable Mark Taylor as Lieutenant Governor.
The inaugural program was as follows:
1999 Inauguration

Roy E. Barnes Governor
Mark Taylor Lieutenant Governor
The Inauguration of the Governor of Georgia
January 11, 1999
Roy E. Barnes GOVERNOR OF GEORGIA
Roy Barnes, Georgia's 80th Governor, was born March 11, 1948 in Atlanta, Georgia. The second son of Bill and Agnes Barnes, he developed an early fascination with politics listening to political discussions as he worked in the family general store in Mableton. Barnes attended the public schools of Cobb County and then majored in History at the University of Georgia where he competed on the University debate team. He continued his education at UGA's Law School and served as President of the Student Bar Association.
After graduating from law school, Barnes became a prosecutor in the Cobb District Attorney's office. Just two years later, he was elected to the first of eight terms in the State Senate at age 26. Four years into his Senate tenure, Barnes was named Chairman of the Senate Judiciary Committee, and in 1983, he was chosen by Governor Joe Frank Harris to be the Administration Floor Leader, a position he held until 1989.
While in the Senate, Barnes served on the Governor's Growth Strategies Commission and was Senate Chairman of the Constitutional Revision Committee. He was a member of appointed and interim committees studying worker's compensation, services for the aged, child abuse and domestic violence, transportation, community services for the mentally disabled and the problems of the homeless.
After completing his sixteen years of service in the Senate, Barnes continued his political career in 1993 with election to the State House of Representatives. He served as Vice-Chairman of the House Judiciary Committee and was a member of the Rules Committee and the Banks and Banking Committee.

MONDAY, JANUARY 11, 1999

11

Barnes has maintained a private law practice in Cobb County since 1975, and has been a successful businessman, banker and active member of the First United Methodist Church of Marietta as well as civic organizations throughout Cobb County.

Roy Barnes is married to Marie Dobbs Barnes, also a Cobb County native, whom he met while both were attending the University of Georgia. Marie is the daughter of Albert and Elizabeth Kelly Dobbs. Roy and Marie have three children, Harlan, Allison and Alyssa.
Mark Taylor LIEUTENANT GOVERNOR OF GEORGIA
Mark Taylor, elected the 10th Lieutenant Governor of Georgia, carried 140 of Georgia's 159 counties in the 1998 elections. Before taking state-wide office, Taylor was the youngest member of the State Senate when he began his public service career in 1987. He was born and raised in Albany, Georgia.

His effective representation of the 12th District in South Georgia led him to the position of Administrative Floor Leader for Governor Zell Miller, where he introduced the Governor's legislative agenda. This successful agenda included the lottery-funded HOPE scholarships, which have sent more than 358,000 Georgia students to college at no extra cost to taxpayers, and the state-wide Pre-Kindergarten program, which has given over 61,000 of Georgia's children a head start on their education. He also introduced legislation that put former welfare recipients to work and made communities safer with "Two Strikes and You're Out". Championed by Mark Taylor, the Job Tax Credit Act of 1989, and the 1994 BEST program both promoted economic development across Georgia.

As an executive of the Fred Taylor Company of Albany, Mark Taylor knows how important a strong economy is to Georgia. That is why attracting industry to all of Georgia is the cornerstone of his legislative agenda. He will also focus on improving education and prosecuting drug offenders.

Taylor, named by Georgia Trend Magazine as one of the top 25 "Most Powerful and Influential Georgians" of 1998, is a graduate of Emory University and the University of Georgia School of Law. He has a son, Fletcher.
Inaugural Program

PRE-INAUGURAL MUSIC

Dianne Harnell Cohen D. Kimbrough King
Honorable Charles W. Walker Co-Chairs
Lassiter High School Band Mableton Elementary Choir Army Ground Forces Band

POSTING OF THE COLORS

Georgia National Guard

NATIONAL ANTHEM

John Berry

CALL TO ORDER

Speaker Thomas B. Murphy

INVOCATION

Dr. W. Frank Harrington Peachtree Presbyterian Church

12

JOURNAL OF THE HOUSE

RECOGNITION OF STATE OFFICIALS AND DISTINGUISHED GUESTS

Speaker Thomas B. Murphy

PRESENTATION OF GOVERNOR ZELL MILLER

Speaker Thomas B. Murphy

DELIVERY OF THE GREAT SEAL TO GOVERNOR

Secretary of State Lewis Massey

PRESENTATION OF GOVERNOR-ELECT ROY BARNES

Governor Zell Miller

ADMINISTRATION OF OATH OF OFFICE TO GOVERNOR

Chief Justice Robert Benham Georgia Supreme Court

HONORS-19 GUN SALUTE

Georgia National Guard

INAUGURAL ADDRESS

Governor Roy E. Barnes

PRESENTATION OF LT. GOVERNOR

Senator Charles W. Walker

ADMINISTRATION OF OATH TO LT. GOVERNOR

Judge Cynthia D. Wright Superior Court of Fulton County

ADDRESS

Lt. Governor Mark Taylor

ADMINISTRATION OF OATH TO CONSTITUTIONAL OFFICERS

Governor Roy Barnes

REMARKS

Dr. Johnnetta B. Cole

"GEORGIA"

Peabo Bryson

BENEDICTION

Rabbi Arnold Goodman Aharath Achim Synagogue

MOTION TO ADJOURN

Lt. Governor Mark Taylor Constitutional Officers

Roy E. Barnes Governor

Mark Taylor Lieutenant Governor

Cathy Cox Secretary of State

Thurbert E. Baker Attorney General

Tommy Irvin Commissioner of Agriculture

John W. Oxendine Commissioner of Insurance

Linda Schrenko State School Superintendent

Michael Thurmond Commissioner of Labor

Public Service Commissioners

Robert B. Baker, Jr., Chairman Bob Durden

Stan Wise Lauren "Bubba" McDonald, Jr.

MONDAY, JANUARY 11, 1999

13

Supreme Court

Robert Benham, Chief Justice

Norman S. Fletcher, Presiding Justice

Leah J. Sears

Carol W. Hunstein

George H. Carley R. Harris Hines

Hugh R. Thompson

Court of Appeals

Edward H. Johnson, Chief Judge

William Leroy McMurray, Jr., Presiding Judge

Marion T. Pope, Jr., Presiding Judge

Dorothy Toth Beasely, Presiding Judge

Gary B. Andrews J. D. Smith Frank M. Eldridge

G. Alan Blackburn John H. Ruffin, Jr. Anne Elizabeth Barnes

Georgia State Senate

Mark Taylor Lieutenant Governor

Don Balfour Peg Blitch Rooney L. Bowen Michael S. Meyer Von Bremen Paul C. Broun Robert Brown B. Joseph "Joey" Brush, Jr. Joe Burton Gloria Butler Susan Cable Casey Cagle Don Cheeks Mike D. Crotts Nathan Dean Mike Egan Vincent D. Fort Hugh Gillis, Sr. Phil Gingrey Tim Golden A.C. "Bob" Guhl Ed Harbison Greg K. Hecht Jack Hill George Hooks Waymond "Sonny" Huggins Carol Jackson Donzella Johnson James Diana Harvey Johnson

Eric Johnson Rene' D. Kemp Bart Ladd Robert B. Lamutt Clay Land Daniel W. Lee Eddie Madden Richard O. Marable Sonny Perdue Mike Polak Rick Price Tom Price Harold Ragan Billy Ray Sam P. Roberts David Scott Faye Smith Terrell A. Starr Bill Stephens Connie Stokes Van Streat, Sr. Charlie Tanksley Horacena Tate Don R. Thomas Nadine Thomas Steve Thompson Charles W. Walker Tommie Williams

14

JOURNAL OF THE HOUSE

Georgia House of Representatives

Thomas B. Murphy Speaker

Ben Alien Alberta J. Anderson Kathy B. Ashe Frank I. Bailey, Jr. Charles Bannister Terry Barnard Mike Barnes Jimmy W. Benefield Kenneth (Ken) W. Birdsong Pamela Bohannon Tom Bordeaux Ron Borders Ben D. Bridges, ST. Tyrone Brooks Jeff Brown Thomas B. Buck III Gail M. Buckner John Bulloch Barbara Jean Bunn Mark Burkhalter Roger C. Byrd Gene Callaway Tom Campbell Steve Cash R. M. (Mickey) Channell E. M. (Buddy) Childers Bill Clark Michael T. (Mike) Coan Brooks Coleman Terry L. Coleman Jack Connell Sharon Cooper Kathy Cox Mack Crawford Bill Cummings Max Davis Tommy Davis Burke Day Douglas C. Dean Buddy DeLoach George DeLoach Scott Dix Harry D. Dixon Ron Dodson Winfred Dukes Earl Ehrhart Carl Von Epps Mike Evans H. Doug Everett Dorothy Felton Johnny W. Floyd Bobby Franklin

Keith G. Heard Joe Heckstall June Hegstrom Bill Hembree Michele Henson Ray Holland Bob Holmes Penny Houston Henry L. Howard Ralph T. Hudgens Helen G. 'Sistie' Hudson Newt Hudson Carolyn F. Hugley Bob Irvin Lester Jackson William S. (Bill) Jackson Lynmore James Jeanette Jamieson Curtis S. Jenkins Paul Jennings Vernon Jones Brian Joyce Mitchell Kaye Bob Lane Jeff Lewis Jimmy Lord David E. Lucas George Maddox Harold Mann Judy Manning James L. Martin Jim Martin Warren Massey Louise McBee Tom McCall JoAnn McClinton J. E. (Billy) McKinney Fran Millar James Mills Barbara J. Mobley Greg Morris Hinson Mosley Anne Mueller Thomas B. Murphy Earl L. O'Neal Nan Grogan Orrock Bobby Eugene Parham Larry J. "Butch" Parrish Don L. Parson Dorothy B. Pelote Garland Pinholster Charles "Judy" Poag

Barbara Massey Reece Kasim Reed
Bobby Reese Robert A. B. Reichert Tom Rice Glenn Richardson Lawrence R. Roberts Carl Rogers A. Richard Royal Bill Sanders Randy Sauder Stephen G. Scarlett Chuck Scheid Austin Scott Tom E. Shanahan Jay Shaw Kern W. Shipp Wallace Sholar Chuck Sims Georganna T. Sinkfield Jimmy Skipper Bob Smith Charlie Smith, Jr. Clint Smith Larry Smith Lynn Smith Paul E. Smith Tommy Smith Vance Smith, Jr. Calvin Smyre Bob Snelling Mike Snow Mary Squires Tracy Stallings Steve Stancil LaNett L. Stanley Pamela A. Stanley Ron Stephens James S. "Jim" Stokes Stephanie Stuckey Maretta Mitchell Taylor Sharon Beasley Teague
Doug Teper E. C. Tillman Scott Tolbert Sharon Trense Henrietta E. Turnquest Ralph Twiggs Renee' S. Unterman Larry Walker Len Walker Stan Watson

MONDAY, JANUARY 11, 1999

15

Rich Grolick David B. Graves Gerald E. Greene George H. Grindley, Jr. Alien Hammontree Bob Hanner Ben L. Harbin Sally Harrell

Dan E. Ponder, Jr. DuBose Porter Alan Powell Ann R. Purcell Arnold Mays Ragas William C. "Billy" Randall Robert Ray Henry L. Reaves

Jack West Lynn A. Westmoreland Ben Whitaker John Wiles Jeffrey L. "Jeff" Williams Robin Williams DonWix John Yates

Inaugural Sponsors
Gold Sponsors
AFLAC Incorporated AT&T
Bell South The Coca-Cola Company Georgia Power Company
Kraft Foods Lockheed Martin Aeronautical Group
Miller Brewing Company Philip Morris Management Corp.
Synovus Financial Corp.
Silver Sponsors
AGL Resources Alltel
BlueCross BlueShield of Georgia Brown & Williamson Tobacco Corp.
Coca-Cola Enterprises Inc. Georgia-Pacific Corporation
United Parcel Service
Bronze Sponsors
Delta Air Lines Ford Motor Company Georgia EMC/Oglethorpe Power
Invesco Medical Association of Georgia
NationsBank SCANA Energy Wachovia Bank, N.A.
Special Thanks
Hank Aaron Anheuser-Busch
B.F.I. Dupont Georgia Crown Distributors Honorable Pierre Howard Selig Enterprises SunTrust Sutherland, Asbill & Brennan
The Joint Session was dissolved.

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JOURNAL OF THE HOUSE

The Speaker called the House to order. The following Resolution of the House was read: HE 4. By Representative Walker of the 141st

A RESOLUTION

Adopting the Rules of the House of Representatives; and for other purposes.

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules of the House of Representatives in force at the adjournment of the regular 1998 session of the General Assembly are hereby adopted as the Rules of the House of Representatives for the regular 1999 session and for the duration of this General Assembly.

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

Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard
Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn
Burkhalter Y Byrd Y Callaway Y Campbell Y Cash
Channell
Y Childers Y Clark
Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix
Dixon Y Dodson
Dukes Y Ehrhart
Epps
Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree
Henson Y Holland Y Holmes Y Houston
Howard Hudgens E Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Jones Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Mobley Y Morris Y Mosley Y Mueller Y OTSTeal
Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag
Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray
Reaves Y Reece Y Reed Y Reese Y Reichert
Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B 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 Squires Stallings
Y Stancil Stanley, P
Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman
Tolbert
Y Trense Turnquest
Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J
Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 150, nays 0. The Resolution was adopted. The following Resolution of the House was read: HR 5. By Representative Walker of the 141st

MONDAY, JANUARY 11, 1999

17

A RESOLUTION
Relative to officials, employees, and committees in the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the following provisions shall be in effect during the 1999 regular session of the General Assembly of Georgia and for the duration of this General Assembly and until otherwise provided for by resolution of the House:
Part 1.
SECTION 1-1.
Subject to the availability of funds appropriated or otherwise available for the House of Representatives and House Research Office, the Speaker of the House is authorized to employ on behalf of the House of Representatives: a sergeant-at-arms, a postmaster or postmistress, assistant postmasters or assistant postmistresses, assistant doorkeepers, pages, aides, secretaries, stenographers, typists, clerks, porters, court reporters, consultants, and other necessary personnel; and the Speaker is authorized to provide for a House Research Office and to employ personnel for said office. The numbers and compensation of personnel so employed pursuant to this section shall be fixed by the Speaker within the limitations of funds appropriated or otherwise available for the operation of the House of Representatives and the House Research Office. Personnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis, as may be determined by the Speaker. The assignment and duties of personnel employed pursuant to this section shall be as determined by the Speaker; and any such personnel may be assigned to House officers, committees, committee officers, caucuses, and caucus officers as deemed appropriate by the Speaker, including without limitation assignment of aides to the Speaker Pro Tempore, the Majority Leader, and the Minority Leader.
SECTION 1-2.
The Speaker is also authorized to secure the services of chaplains and interns and provide expense reimbursement allowances for them within the limitations of funds appropriated or otherwise available.
SECTION 1-3.
The Doorkeeper of the House and the Messenger of the House, who are elected by the House, shall be compensated in an amount to be fixed by the Speaker of the House.
Part 2.
SECTION 2-1.
Subject to the availability of funds appropriated or otherwise available for the Clerk of the House's office, the Clerk of the House is authorized to employ for the Clerk's office: assistant clerks, reading clerks, calendar clerks, journal clerks, secretaries, copy readers, typists, Multilith operators, Xerox operators, collator operators, porter-machinists, rollcall operators, clerical assistants, terminal operators, camera operators, supply and mail clerks, document distributors, audio operators, porters, personnel to distribute bills and other materials for members, and other necessary personnel. The numbers and compensation of personnel employed pursuant to this section shall be fixed by the Clerk within the limitations of funds appropriated or otherwise available for the operation of the Clerk of the House's office. Personnel employed pursuant to this section may be em-

18

JOURNAL OF THE HOUSE

ployed on a permanent or temporary basis and on a part-time or full-time basis, as may be determined by the Clerk. The assignment and duties of personnel employed pursuant to this section shall be as determined by the Clerk.
SECTION 2-2.
Pursuant to the provisions of Code Section 28-3-23 of the Official Code of Georgia Annotated, the salary of the Clerk of the House shall be the same amount the Clerk was receiving at the time of adoption of this resolution by the House. In addition to that amount, the Clerk shall also receive the same percentage salary increase provided in the General Appropriations Act for employees of the legislative branch of state government. During the Clerk's tenure of office, he or she shall also receive the same expense allowance and the same mileage allowance or travel allowance as received by members of the General Assembly for each day of service rendered by the Clerk.
Part 3.
SECTION 3-1.
Subject to the availability of funds appropriated or otherwise available for the operation of the Speaker of the House's Office, the Speaker of the House is authorized to employ interns, aides, secretaries, stenographers, typists, consultants, and other necessary personnel. The numbers and compensation of personnel employed pursuant to this section shall be fixed by the Speaker within the limitations of funds appropriated or otherwise available for the operation of the Speaker of the House's Office. Personnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis as may be determined by the Speaker. The assignment and duties of personnel employed pursuant to this section shall be as determined by the Speaker.
Part 4.
SECTION 4-1.
During any day or period of time during which the General Assembly is not in session, including without limitation any day or period of adjournment during a regular or special session, each of the following officers shall be a committee of one for each day spent on official business: The Speaker of the House, the Speaker Pro Tempore, the Majority Leader, the Majority Whip, the Minority Leader, the Minority Whip, the Administration Floor Leader, and the Assistant Administration Floor Leaders. For each such day spent on official business each of such officers shall receive the expense, mileage, and travel allowances authorized by law for members of interim committees, provided that the Assistant Administration Floor Leaders shall receive such expense, mileage, and travel allowances only upon the authorization and approval of vouchers by the Administration Floor Leader.
SECTION 4-2.
(a) During any day or period of time during which the General Assembly is not in session, including without limitation any day or period of adjournment during a regular or special session, each member of the House of Representatives is designated as a committee of one for the purpose of carrying out legislative duties only within the State of Georgia. For each such day of service, each member shall receive the expense, mileage, and travel allowances authorized by law for legislative members of interim legislative committees but shall not receive the same for more than seven days each year.
(b) In addition to the days provided for in subsection (a) of this section and without counting towards the limit specified in said subsection (a), each member of the House is designated as a committee of one for the purpose of carrying out legislative duties on any weekday which: (1) is a one day recess or adjournment during a regular session; and

MONDAY, JANUARY 11, 1999

19

(2) occurs after Monday and prior to Friday. For each such day of service, each member shall receive the expense and travel allowances (not including mileage which shall be covered by the weekly round trip) for legislative members of interim legislative committees, if such member has engaged in legislative business on that day, but not otherwise.
SECTION 4-3.
Pursuant to the provisions of law, in addition to any other compensation they receive as members of the General Assembly, the Majority Leader, the Minority Leader, and the Administration Floor Leader each shall receive an amount of $2,400.00 per annum, as salary, to be paid in equal monthly or semimonthly installments. Each of the Assistant Administration Floor Leaders shall likewise receive an amount of $1,200.00 per annum, as salary, to be paid in equal monthly or semimonthly installments. Prior to serving as Administration Floor Leader or as an Assistant Administration Floor Leader, a Representative must be certified as such by the Governor in writing to the Speaker of the House and the Clerk of the House.
Part 5.
SECTION 5-1.
During any period or day of adjournment during a regular or special session, the Speaker is empowered to give authorization for standing committees of the House and such other committees as the Speaker might create to remain at the Capitol during any such period of time for the purpose of considering and studying proposed legislation and other matters. Members of such committees as shall be designated by the Speaker to remain at the Capitol shall receive the expense, mileage, and travel allowances authorized by law for members of interim committees.
SECTION 5-2.
The Speaker is authorized to appoint committees from the members of the House to serve as interim legislative study committees and for the purpose of performing such duties as the Speaker shall deem necessary. Such committees are authorized to serve during the interim and the members thereof shall receive the expense, mileage, and travel allowances authorized by law for legislative members of interim legislative committees. The Speaker shall designate the chairperson of any such committee and shall prescribe the time for which any such committee is authorized to function. The Speaker is authorized to extend the time allowed for any committee, whether the committee is created by resolution or by the Speaker. The Speaker is authorized to designate standing committees or any subcommittee thereof to function during the interim for the purpose of performing such duties as the Speaker shall deem necessary. The members of any such committee or subcommittee shall receive the expense, mileage, and travel allowances authorized by law for legislative members of interim legislative committees.
Part 6.
SECTION 6-1.
The funds necessary to carry out the provisions of Parts 1, 4, and 5 of this resolution shall come from funds appropriated or otherwise available for the operation of the House of Representatives and House Research Office. The funds necessary to carry out the provisions of Part 2 of this resolution shall come from funds appropriated or otherwise available for the operation of the Clerk of the House's office. The funds necessary to carry out the provisions of Part 3 of this resolution shall come from funds appropriated or otherwise available for the operation of the Speaker of the House's Office.

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JOURNAL OF THE HOUSE

SECTION 6-2.
Any personnel employed pursuant to this resolution shall serve at the pleasure of the appointing authority; and any such personnel may be discharged by the appointing authority with or without cause.

SECTION 6-3.
This resolution shall take effect immediately upon its adoption by the House of Representatives.

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

Alien Y Anderson
Y Ashe
Y Bailey
Y Bannister Y Barnard Y Bames Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn
Burkhalter Y Byrd Y Callaway Y Campbell Y Cash
Channell Y Childers Y Clark
Coan
Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix
Dixon Y Dodson
Dukes Y Ehrhart Y Epps
Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree
Henson Y Holland Y Holmes Y Houston
Howard Y Hudgens E Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Jones
Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas
Maddox Y Mann Y Manning Y Martin, J
Y Martin, J.L Massey
Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills
Mobley Y Morris Y Mosley Y Mueller Y O'Neal
Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag
Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Eeece Y Reed Y Reese Y Reichert
Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahafl Y Shaw Y Shipp Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B 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 Squires
Y Stallings
Y Stancil
Stanley, P
Stanley-Turner
Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman
Tolbert Y Trense
Turnquest Y Twiggs Y Unterman
Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 154, nays 0. The Resolution was adopted. The following Resolutions of the House were read and adopted: HR 6. By Representative Walker of the 141st
A RESOLUTION Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; and for other purposes.

MONDAY, JANUARY 11, 1999

21

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that His Excellency, Governor Roy E. Barnes, is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Wednesday, January 13, 1999, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from His Excellency, the Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker and seven from the Senate to be named by the President, be appointed to escort His Excellency, the Governor, to the hall of the House of Representatives.
HR 7. By Representative Walker of the 141st

A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Honorable Robert Benham, Chief Justice of the Supreme Court, is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Thursday, January 14, 1999, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from Chief Justice Benham.
BE IT FURTHER RESOLVED that each other Justice of the Supreme Court and each Judge of the Court of Appeals is hereby invited to the hall of the House of Representatives for the purpose of hearing the address from Chief Justice Benham.
BE IT FURTHER RESOLVED that the Clerk of the House is authorized and directed to transmit appropriate copies of this resolution to the Chief Justice, to each other Justice of the Supreme Court, and to each Judge of the Court of Appeals.
The following Resolution of the House was read:
HR 8. By Representative Walker of the 141st

A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Friday, January 15, 1999, and shall reconvene on Monday, January 25, 1999.
BE IT FURTHER RESOLVED that for the duration of the remainder of the 1999 session of the General Assembly until its adjournment sine die, unless otherwise provided by resolution of the General Assembly, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and shall reconvene on the Monday next following.

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JOURNAL OF THE HOUSE

BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate; and the hour for convening the House on each such Monday may be as ordered by the House.

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

Alien Anderson Ashe Bailey Bannister Barnard Barnes Benefield Y Birdsong Y Bohannon Bordeaux Borders Y Bridges Y Brooks Brown Buck Buckner Bulloch Bunn Burkhalter Byrd Y Callaway Y Campbell Cash Channell Childers Clark Coan Y Coleman, B Y Coleman, T Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Y Dean Y DeLoach, B Y DeLoach, G Y Dix
Dixon
Y Dodson Y Dukes Y Ehrhart Y Epps
Evans Y Everett
Y Felton
Y Floyd
Y Franklin
Y Golick
Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Harrell Y Heard Y Heckstall
Y Hegstrom Y Hembree
Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens E Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas
Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L
Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
Y Mueller
Y O'Neal
Orrock
Y Parham
Y Parrish
Y Parsons

Pelote Pinholster Poag Ponder Porter Powell Purcell
Randall Ray Reaves Reece Reed .Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling
Snow Y Squires Y Stallings Y Stancil
Stanley, P Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Tolbert Y Trense Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 160, nays 0.
The Resolution was adopted.
The next order of business being the election of a Doorkeeper of the House for the 19992000 term, Representative Childers of the 13th placed in nomination the name of the Honorable Ward Edwards, which nomination was seconded by Representative Royal of the 164th.
Representative Walker of the 141st moved that the nominations be closed and that the Clerk of the House be instructed to cast the entire vote of the membership present for the nominee. The motion prevailed and on the election of the Doorkeeper of the House, the Honorable Ward Edwards received 180 votes, being the entire vote of the membership present.
The Honorable Ward Edwards was thereby declared elected Doorkeeper of the House for the ensuing term.
The Speaker appointed as a committee to escort the Doorkeeper to the Speaker's stand the following members:

MONDAY, JANUARY 11, 1999

23

Representatives Greene of the 158th, DeLoach of the 172nd, James of the 140th, Mosley of the 171st, Ray of the 128th, Floyd of the 138th, Channell of the lllth and Jamieson of the 22nd.
The Honorable Ward Edwards was escorted to the Speaker's stand where he expressed his appreciation to the members for having elected him as Doorkeeper of the House of Representatives.
The next order of business being the election of a Messenger of the House for the 19992000 term, Representative Greene of the 158th placed in nomination the name of the Honorable Don Castleberry, which nomination was seconded by Representative Hanner of the 159th.
Representative Walker of the 141st moved that the nominations be closed and the Clerk of the House be instructed to cast the entire vote of the membership present for the nominee. The motion prevailed and on the election of the Messenger of the House, the Honorable Don Castleberry received 180 votes, being the entire vote of the membership present.
The Speaker appointed as a committee to escort the Messenger to the Speaker's stand the following members:

Representatives Coleman of the 142nd, Floyd of the 138th, Dixon of the 168th, Cummings of the 27th, Bailey of the 93rd, Lucas of the 124th, Purcell of the 147th and Jamieson of the 22nd.
The Messenger was escorted to the Speaker's stand where he expressed his appreciation to the members for having elected him as Messenger of the House of Representatives.
The Speaker announced the following committee assignments:
AGRICULTURE & CONSUMER AFFAIRS

Reaves - Chairman Floyd - Vice-Chairman
Purcell - Secretary

Anderson Bulloch Crawford Evans Greene Houston Hudson, Sistie James McCall

Mills Pinholster Reese Sanders Scott Sholar Sims Smith, Bob Unterman

Bannister Barnard Benefield Buck - Ex-Officio Buckner

APPROPRIATIONS
Coleman, Terry - Chairman Smith, Paul - Vice-Chairman
Greene - Secretary
Mosley Mueller Orrock Parrish Parsons

24
Campbell Cash Channell Childers Connell Crawford Cummings Day DeLoach, Buddy Dixon Felton Floyd Hanner Harbin Heard Henson Holland Holmes Hudson, Newt Jamieson Jenkins Jones Lane Lucas Manning Martin Jim McBee McKinney
Anderson Ashe Bailey Borders Bridges Cash Clark Coan Davis, Tommy Ehrhart Epps Floyd Franklin Howard

JOURNAL OF THE HOUSE
Porter Powell Purcell Ray Reaves Roberts Rogers Royal - Ex-Officio Sauder Shaw Shipp Sinkfield Smith, Charlie Smith, Larry Smith, Lynn Smith, Tommy Smyre Snow Stancil Stephens Tillman Trense Twiggs Walker, Larry West Whitaker Williams, Robin Yates
BANKS & BANKING
Parrish - Chairman Stallings - Vice-Chairman
Ragas - Secretary
Hudgens James Lewis McKinney Mills Parrish Ponder Rice Scheid Smith, Larry Stanley Stuckey Wix
CHILDREN & YOUTH
Sinkfield - Chairman Buckner - Vice-Chairman
McClinton - Secretary

MONDAY, JANUARY 11, 1999

25

Anderson Bohannon Bulloch Callaway Clark Dodson

Harrell Millar O'Neal Smith, Bob Smith, Clint Taylor

Bunn Callaway Heckstall Hembree Mann

DEFENSE & VETERANS AFFAIRS
Birdsong - Chairman Roberts - Vice-Chairman
Sims - Secretary
Poag Reese Smith, Clint Squires

Ashe Barnes Cash Coleman, Brooks Cox Harrell Houston Hugley Kaye Millar Pelote
Connell Ehrhart Evans Irvin Martin, Jim

EDUCATION
Jamieson - Chairman Taylor - Vice-Chairman
O'Neal - Secretary
Porter Reece Reed Rice Scarlett Sinkfield Smith, Charlie Snelling Tolbert Williams, Jeff
ETHICS
Snow - Chairman
Mueller Skipper Smyre Stanley-Turner Walker, Larry
GAME, FISH & PARKS
Lane - Chairman Poag - Vice-Chairman Stanley, Pamela - Secretary

26 Barnes Davis, Max DeLoach, George Grindley Banner
Bohannon Borders DeLoach, Buddy
Beasley-Teague Bordeaux Brown Cox Davis, Tommy Dean Graves Hembree Henson Hudson, Sistie Irvin Jackson Jennings McClinton
Brown Harrell Lucas
Alien

JOURNAL OF THE HOUSE
Joyce Morris Ponder Stokes Walker, Len
GOVERNMENTAL AFFAIRS
Holmes - Chairman Hudson, Sistie - Vice-Chairman
Watson - Secretary
Dodson Ponder Scott
HEALTH & ECOLOGY
Childers - Chairman Orrock - Vice-Chairman
Jones - Secretary
McKinney Millar O'Neal Parham Parsons Randall Shipp Smith, Clinton Smith, Tommy Trense Unterman Walker, Len West Williams, Robin
HUMAN RELATIONS & AGING
Byrd - Chairman Tillman - Vice-Chairman
Hegstrom - Secretary
Smith, Vance Walker, Len
INDUSTRIAL RELATIONS
Smith, Larry - Chairman Howard - Vice-Chairman
Bordeaux - Secretary
Mann

MONDAY, JANUARY 11, 1999

27

Bannister Bunn Coan Hammontree Maddox

Martin, Jim Orrock Sanders Stephens Turnquest

Bailey Brown Buckner Burkhalter Byrd Cooper Cox
DeLoach, George Dukes Hudgens Hugley Jackson Lewis

INDUSTRY
Hudson, Newt - Chairman Brooks - Vice-Chairman Reichert - Secretary
Martin, James L. Mosley Parsons Powell Ray Richardson Skipper Smith, Bob Snow Teper Westmoreland Williams, Jeff Wix

Bannister Burkhalter Dodson Ehrhart Golick Harbin Hugley Jones
Maddox

INSURANCE
Lord - Chairman Henson - Vice-Chairman
Heard - Secretary
Sauder Shaw Shipp Stanley Tolbert Turnquest Watson Williams, Robin

Cummings

INTERSTATE COOPERATION
Greene - Chairman Stanley-Turner - Vice-Chairman
Jenkins

INTRA-GOVERNMENTAL COORDINATION
Orrock - Chairman Smith, Larry - Vice-Chairman

28
Channell Connell Heard Henson Lane

JOURNAL OF THE HOUSE
Mosley Pelote Taylor Williams, Robin

Bohannon

JOURNALS
Ray - Chairman West - Vice-Chairman
Maddox - Secretary
Everett

Campbell Crawford Davis, Max Dix Hammontree Reed Reichert Richardson

JUDICIARY
Martin, Jim - Chairman Bordeaux - Vice-Chairman
Alien - Secretary
Squires Stokes Stuckey Teper Tolbert Walker, Larry Wiles

Bunn Coan Everett Franklin Harbin Hudgens Hegstrom Jackson Lewis Massey

LEGISLATIVE & CONGRESSIONAL REAPPORTIONMENT
Smith, Tommy - Chairman Holland - Vice-Chairman
Epps - Secretary
Purcell Ragas Reece Reed Rogers Shaw Stanley-Turner Stuckey Westmoreland Yates

Buck - Ex-Officio McClinton Royal - Ex-Officio

MARTOC (JOINT)
McKinney - Chairman
Sinkfield Teper

MONDAY, JANUARY 11, 1999

29

Bulloch Dixon Rice

MOTOR VEHICLES
Parham - Chairman Powell - Vice-Chairman Beasley-Teague - Secretary
Roberts Wiles Yates

NATURAL RESOURCES AND ENVIRONMENT

Hanner - Chairman Bailey - Vice-Chairman
James - Secretary

Barnard Bridges Coleman, Brooks Coleman, Terry Cooper DeLoach, Buddy Evans Franklin Jackson Lane Lord Mann Manning Martin, James L.

McCall Morris Mueller Reaves Rogers Royal Sauder Scheid Shanahan Smith, Lynn Squires Stokes Tillman Twiggs

Coleman, Terry Day

PUBLIC SAFETY
Twiggs - Chairman Jenkins - Vice-Chairman
Poag - Secretary
Whitaker

Alien DeLoach, George Graves

REGULATED BEVERAGES
Dixon - Chairman Epps - Vice-Chairman Beasley-Teague - Secretary
Reichert Snelling

30
Brooks Coleman, Brooks Davis, Tommy Dukes Jackson
Benefield Birdsong Buck Burkhalter Byrd Campbell Childers Connell Davis, Max Dix Ehrhart Pelton Holland
Callaway Dean Golick Heckstall Jackson Joyce Massey
Buck Connell Floyd

JOURNAL OF THE HOUSE
RETIREMENT
Cummings - Chairman McBee - Vice-Chairman Shanahan - Secretary
Kaye Manning Mills Smith, Vance Stallings
RULES
Smyre - Chairman Skipper - Vice-Chairman Stanley-Turner - Secretary
Holmes Hudson, Newt Irvin Mueller Parham Parrish Randall Smith, Charlie Stancil Teper Walker, Larry Westmoreland
SPECIAL JUDICIARY
Randall - Chairman Jenkins - Vice-Chairman
Mobley - Secretary
Ragas Reese Scarlett Taylor Turnquest Watson
SPECIAL RULES (POLICY)
Murphy, Mr. Speaker, Chairman
Purcell Skipper Smyre

Jenkins Pelote

MONDAY, JANUARY 11, 1999

31

Stanley-Turner Walker, Larry

Barnard Dean Everett Golick Greene

STATE INSTITUTIONS & PROPERTY
Lucas - Chairman Brooks - Vice-Chairman
Sholar - Secretary
Joyce Lord Massey Reece

Clark Felton Houston Howard Irvin Jennings

STATE PLANNING AND COMMUNITY AFFAIRS
Royal - Chairman Shanahan - Vice-Chairman
Heckstall - Secretary
McClinton Richardson Smith, Lynn Smith, Paul Stancil

Barnes Birdsong Evans Grindley Hegstrom Jennings McCall Mobley Morris Mosley Pelote

TRANSPORTATION
Benefield - Chairman Snow - Vice-Chairman Channell - Secretary
Pinholster Sanders Scheid Smith, Paul Smith, Vance Snelling Stephens Unterman Whitaker Williams, Jeff Wix

Borders Bridges

UNIVERSITY SYSTEM OF GEORGIA
Porter - Chairman McBee - Vice-Chairman
Mobley - Secretary
Hembree Pelote

32
Buck Connell Cooper Dukes Grindley Hammontree

JOURNAL OF THE HOUSE
Pinholster Scott Smyre Stallings Wiles

WAYS & MEANS

Buck - Chairman Royal - Vice-Chairman
Sims - Secretary

Ashe Channell
Coleman, Terry - Ex-Officio Cummings Day
Graves Heard Jamieson

Kaye Martin, James L.
Scarlett Skipper Smith, Paul - Ex-Officio
Stanley-Turner Trense

The following communications were received:
State of Georgia Office of the Governor
Atlanta 30334-0900

Memorandum

To: Honorable Pierre Howard Honorable Thomas B. Murphy

From: Mark H. Cohen

Re: Line Item Vetoes in House Bill 1167

Date: March 19, 1998

Please be advised that Governor Miller has line item vetoed the following Sections in House Bill 1167:
Section 39, Page 35 Section 43, Page 55, Second Paragraph Section 43, Page 55, Third Paragraph Section 43, Page 55, Fourth Paragraph Section 47, Page 56, First Paragraph after Item (f) Section 56, Page 58
The veto messages are attached for each item referenced above.
MHC/clb Attachment cc: Honorable Frank Eldridge, Secretary of the Senate
Honorable Robert E. Rivers, Clerk, House of Representatives Honorable Sewell R. Brumby, Legislative Counsel Honorable Thurbert E. Baker, Attorney General Honorable Lewis A. Massey, Secretary of State

MONDAY, JANUARY 11, 1999

33

Governor's Vetoes - H.B. 1167
Section 39 pertaining to the Department of Administrative Services, page 35.
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. The Office of Planning and Budget will issue a policy guideline relative to communications equipment purchases which will address budgetary approval and technical review requirements.
Section 43 pertaining to the Department of Medical Assistance, page 55, lines 2489 through 2490:
This language excludes pharmacy services from the department's HMO pilot, and allows acute care hospitals to contract with the department on a non-risk capitated rate. Pharmacy benefits are an essential part of the primary care for which HMOs assume risk. Appropriate drug therapy is an integral part of medical treatment. In order to manage the cost of care for recipients within the capitation rates, the HMOs must be able to manage pharmacy benefits. As a result, the exclusion of pharmacy services from the HMO pilot may jeopardize the viability of the Medicaid HMO program by making the program unattractive to prospective HMO's. Further, the exclusion of pharmacy services from the HMO pilot program may compromise the department's ability to achieve savings in state funds.
Moreover, most HMOs in both the public and private sector do not exclude pharmacy services. An analysis of other state managed care programs found that 27 out of the 30 states had pharmacy services included in the managed care contract and two of the three that do not currently include such services will be modifying their manage care plans to place pharmacy services back in the plans in order to provide higher quality patient care. An analysis of private sector health benefit initiatives indicates a significant trend towards complete managed care contracting for all covered services, including pharmacy services. This language has been vetoed previously.
Section 43 pertaining to the Department of Medical Assistance, page 55, lines 2491 through 2492.
This language authorizes a nursing home rate increase effective April 1, 1998 using the most recent cost report updates (June 30, 1996) and the appropriate inflationary index. The amount of funds appropriated for this rate increase is not sufficient to cover the cost of the increase for the three months authorized in the current fiscal year. Additionally, the continuation of this rate increase was authorized in the fiscal year. Additionally, the continuation of this rate increase was authorized in the Fiscal Year 1999 budget to begin on October 1, 1998 instead of July 1.
Section 43 pertaining to the Department of Medical Assistance, page 55, lines 2493 to 2494.
This language authorizes the use of $86,050 for over the counter nicotine replacement medication. Currently, the state plan for Medicaid coverage does not authorize reimbursement for over the counter medication for the purposes of nicotine replacement. More importantly, the annual fiscal impact of this program is estimated to be $4.7 million in state matching funds which is not included in the FY 99 budget.
Section 47 pertaining to the Department of Transportation, page 56 lines 2538 through 2541:
HB 1167 authorizes the Department to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law. All executive branch agencies are legally authorized to amend their budgets and transfer positions between budget functions when a properly drawn amendment to the annual operating budget has been approved by the Office of Planning and Budget. In addition, the number of positions in each budget function is not specified in the Governor's budget recommendations to the Gen-

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eral 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 58. 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.
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 20, 1998
RE: Line Item Vetoes in House Bill 1250 Please be advised that Governor Miller has line item vetoed the following Sections in House Bill 1250:
Section 10, Page 11, Applied Technology Labs Section 39, Page 35, First Paragraph Section 44, Page 37, Second Paragraph Section 44, Page 37, Fourth Paragraph Section 48, Page 38 Section 49, Page 38, First Paragraph after item (f) Section 58, Pages 40-41 Section 59, Page 45, Fourth Full Paragraph The veto messages are attached for each item referenced above. MHC:mc Attachment
cc: Honorable Frank Eldridge, Secretary of the Senate Honorable Robert E. Rivers, Jr., Clerk, House of Representatives Honorable Sewell R. Brumby, Legislative Counsel Honorable Thurbert E. Baker, Attorney General Honorable Lewis A. Massey, Secretary of State
Governor's Vetoes in House Bill 1250

Section 10 pertaining to the Department of Education, page 11, line 481:
These lottery funds in the amount of $3,300,000 are to equip applied technology labs in high schools that do not currently have such labs. Last year, $3,024,000 that was budgeted for the same purpose was vetoed in the FY 1998 Appropriations Act.
This does not represent the best way for local schools to acquire computer hardware and software. In every year in which it has been possible, an amount of lottery funds has

MONDAY, JANUARY 11, 1999

35

been recommended for the purchase of computers for instruction in the public schools. Other lab programs, such as language labs, computer labs, and science labs, must compete at the local level for those funds. There is no sound educational reason why applied technology labs should receive the favorable consideration they get when funds are diverted from other technology needs for them and them alone. These decisions should be made at the local level.
Included in House Bill 1250 is $26,787,000 for local systems to purchase classroom computers at a rate of $20.10 per FTE. This amount is $1,500,000 less than was recommended for classroom computers, which was diverted into the funding for applied technology labs. The balance of $1,800,000 came from the funds recommended for the HOPE Scholarship Program by reducing the amount needed for tuition, fees, and books. It is unwise to reduce the amount available for these costs until more precise estimates of actual costs are available after the beginning of the 1998-1999 school year.
Section 39 pertaining to the Department of Administrative Services, page 35, lines 1596 through 1598:
This language was approved in the 1996 session of the General Assembly to control the purchase of communications equipment that was not 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 has issued policy guidelines relative to communications equipment purchases that will address budgetary approval and technical review requirements. This language has been vetoed previously.
Section 44 pertaining to the Department of Medical Assistance, page 37, lines 1679 through 1680:
This language states that Medicaid formulary restrictions, including prior authorization, shall be based on the individual patient's clinical and medical criteria and on cost-effectiveness. The inclusion of the proposed language would compromise the department's ability to manage effectively and efficiently the use of pharmaceuticals by Medicaid recipients. The department already utilizes a prior authorization system that is based on the individual patient's clinical amend medical criteria.
In addition, the language establishes an unnecessary intrusion into the day to day operation of an executive branch agency by the legislature. The Board of Medical Assistance's review and amendments to the state plan determine specific benefits and service limitations. This language has been vetoed previously.
Section 44 pertaining to the Department of Medical Assistance, page 37, lines 1683 through 1684:
This language authorizes the department to develop an acuity based payment system for nursing homes. This language is unnecessary since the department currently has existing authority to develop and acuity based payment system. In addition, the department has been analyzing the feasibility of developing such a system, contingent on available resources.
Section 48 pertaining to the Department of Technical and Adult Education, page 38, lines 1709 through 1710:
This language provides authorization for the conversion of Atlanta and Savannah Area Technical Institutes to State operated institutions. The language is no longer needed since the official conversion of Atlanta Tech and Savannah Tech to state management has already occurred, and the final funding for that conversion is in this bill.
Section 49 pertaining to the Department of Transportation, page 38, lines 1735 through 1738:
This language authorizes the Department to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law. All executive branch agencies are legally authorized to amend their budgets and transfer positions between budget functions

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when a properly drawn amendment to the annual operating budget has been approved by the Office of Planning and Budget. In addition, the number of positions in each budget function is not specified in the Governor's budget recommendations to the General Assembly or in the annual Appropriations Act. Therefore, this language is unnecessary. This language has been vetoed previously.
Section 58 pertaining to federal funds, page 40, line 1831 through page 41, line 1835:
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 59 pertaining to the State Board of Education, page 45, lines 2024 through 2027:
This language authorizes $2,780,000 in bond proceeds for vocational lab equipment for new and modified vocational high school laboratories. This same language and funding was vetoed last year. Computer equipment for classrooms, including those used for Introduction to Technology courses has become standard school equipment and should be replaced with formula funding for replacement equipment provided through the QBE formula and with the lottery funding provided for computer purchases. Therefore, I am vetoing the authorization language for those bond proceeds.
State of Georgia Office of the Governor Atlanta, Georgia 30334-0900
April 23, 1998
Honorable Thomas B. Murphy Speaker of the House of Representatives 332 State Capitol Atlanta, Georgia 30334
Dear Mr. Speaker:
I have vetoed House Bills 32, 244, 274, 932, 1316, 1511, and 1538, and House Resolution 813 which were passed by the General Assembly of Georgia at the 1998 Regular Session.
Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their vetoes are attached.
With kindest regards, I remain

Sincerely, /s/ Zell Miller
ZM/mcc Attachments cc: Honorable Pierre Howard, Lieutenant Governor
Honorable Robert E. Rivers, Jr., Clerk, House of Representatives Honorable Frank Eldridge, Secretary of the Senate Honorable Sewell R. Brumby, Legislative Counsel Honorable Thurbert E. Baker, Attorney General Honorable Lewis Massey, Secretary of State

MONDAY, JANUARY 11, 1999

37

State of Georgia Office of the Governor Atlanta, Georgia 30334-0900
April 23, 1998
Honorable Pierre Howard Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Howard:
I have vetoed Senate Bills 30, 420, 447, 491, and 529 which were passed by the General Assembly of Georgia at the 1998 Regular Session.
Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their vetoes are attached.
With kindest regards, I remain

Sincerely, /s/ Zell Miller
ZM/mcc Attachments cc: Honorable Thomas B. Murphy,
Speaker of the House of Representatives Honorable Robert E. Rivers, Jr., Clerk, House of Representatives Honorable Frank Eldridge, Secretary of the Senate Honorable Sewell R. Brumby, Legislative Counsel Honorable Thurbert E. Baker, Attorney General Honorable Lewis Massey, Secretary of State
VETO NUMBER 16
House Bill 932 changes the manner in which physicians, physicians assistants, and respiratory care professionals are licensed and regulated in Georgia and, in so doing, significantly jeopardizes the health and safety of Georgia's citizens. Instead of having the state's Medical Board serve the interests of the public, this legislation would provide the impetus for that board to serve the individual interests of the very profession which it is duty-bound to regulate.
Under current law, the Composite State Board of Medical Examiners, like every other professional health care examining board, operates under the direction of the Secretary of State's office. Having the administration of state health care examining boards under one state entity increases efficiency due to the sharing of investigative, examination, and license renewal staff. The Office of Planning and Budget has estimated that the Medical Board would need at least an additional $400,000 each year to operate as a separate state agency, and no such funds were committed for this purpose in the FY 1999 budget.
Most importantly, the Medical Board is established under current law for one primary purpose: To protect the public health and safety by licensing only those qualified to practice medicine and related health professions, and to investigate and discipline those practitioners who are unfit to practice in Georgia. The interests of the medical profession are made secondary to the interests of the public.
This is why, under current law, all members of the Medical Board are appointed by the Governor and confirmed by the Senate. The Medical Board's authority to enter into contracts with medical associations or organizations is limited to the conduct of programs for impaired physicians; whereas authority to enter into contracts for other board ser-

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vices is in the sole discretion of the joint-secretary of the state examining boards, subject to approval by the Secretary of State. In addition, Medical Board investigations are conducted by investigators employed by the Secretary of State to act as peace officers in that agency's examining boards division.
House Bill 932 would change this statutory scheme in several significant respects, none of which advances those public health and safety interests the Medical Board has a duty to protect:

The Medical Board is removed from the Secretary of State's administrative oversight and is split off as an independent agency and budget unit. This treats the Medical Board differently than the Boards of Dentistry, Nursing, Optometry, Pharmacy, Psychology, and Physical Therapy, all of which are health care examining boards responsible for protecting the public under the oversight of the Secretary of State.

This separation gives members of the very profession the Medical Board seeks to regulate unbridled authority to directly influence the licensing and disciplinary actions taken by the board to protect the public from incompetent or unprofessional doctors. It also sets a bad precedent which could thereafter be followed by the other health care examining boards seeking separate agency status resulting in increased costs to the state without any concomitant protection to the public.

The Governor is "authorized" to appoint any member of the Medical Board for a regular or unexpired term "notwithstanding the fact that the Governor is required to appoint members from a lost of nominees provided by state medical associations." (Emphasis added.)

In Rogers v. Medical Association of Georgia, 244 Ga. 151 (1979), the Georgia Supreme Court reviewed a law which required the Governor to appoint members to the Medical Board from a list provided by the Medical Association of Georgia. The Court held that the delegation of the power of appointment to public office to a private organization is unconstitutional. To the extent that House Bill 932 imposes the same requirement, it also is unconstitutional.

The bill also prevents a member appointed by the Governor to fill a vacancy on the Medical Board to serve until after that member is confirmed by the Senate. O.C.G.A. Code Section 45-12-52(b) permits interim board appointees to hold office until the Senate next convenes, which enable boards to continue to conduct the people's business instead of being hindered by numerous unfilled positions.

The Medical Board is given complete authority to enter into contracts with private entities or associations to carry out its legal duties, with the one exception that the board cannot enter into exclusive contracts with medical associations for the purpose of conducting peer reviews.

Contrary to current law, which severely limits the board's authority to contract with such professional organizations, House Bill 932 would permit the Medical Board to contract away much of its duties and powers (including the authority to license, investigate, and discipline physicians) to any medical association or other private organization. This not only would amount to an unconstitutional delegation of authority to a private entity precluded by Rogers, but has the potential of sacrificing the interests of the public for the interests of the profession.
In short, House Bill 932 is anti-consumer, anti-patient, and unconstitutional. The bill permits a licensing entity which has a duty to protect the public to illegally delegate that authority to an association which has a duty to protect its membership.

MONDAY, JANUARY 11, 1999

39

The current Composite State Board of Medical Examiners has the capacity to provide substantially better protection for the public health and safety than the board created by this legislation.
For the foregoing reasons, I hereby veto House Bill 932.
VETO NUMBER 17
House Bill 1316 amends Georgia law relating to the dismissal and renewal of certain civil actions so as to permit the recommencement of a case that was originally dismissed in federal court under certain circumstances, regardless of whether the recommencement is permitted by the Federal Rules of Civil Procedure.
After passage, a defect in the bill was discovered causing its author to request a veto. The language was perfected in House Bill 1730.
Therefore, at the request of the author, I hereby veto House Bill 1316 on technical grounds.
VETO NUMBER 18
House Bill 244 mandates state grants for pilot projects to encourage lengthening the school year to either 200 or 220 student days, instead of the current 180 day school year.
The bill specifies the amount of the grant, which is dependent upon appropriation by the General Assembly. The amount of the grant is stated as a percentage increase of operations and salaries for the additional number of school days, but the rate used is actually higher than what a school would earn for a comparable period of time during the regular school year.
Funding for this bill was not included in the FY 1999 Appropriations Act. Estimates are that this bill could cost up to $10 million for each of the years the grant is awarded, depending upon the number of days the school year is lengthened. In addition, the legislation proposes adding days to the school year without any provisions for changes in school operations, curriculum, or training. A mere lengthening of the school year without addressing these other important factors would likely have little effect upon achievement.
Moreover, there is no provision for providing local or federal funds in addition to any state funds, meaning that the actual available budget could be significantly less for the additional student days than for the regular school year. There is also no specification that the grant be for any particular number of years or that any improvement in student achievement be demonstrated at any time.
Since the bill was not supported by any funding during the 1998 session, proposes to add days to the school year without any corresponding change in school operations, and sets up reimbursement rates higher than that used during the regular school year, I hereby veto House Bill 244.
VETO NUMBER 19
House Bill 274 was originally introduced to modify a provision in the psychologist licensing law concerning immunity from liability for good faith actions performed by a psychologist. However, a Senate committee substitute wiped out the original bill and inserted a provision that requires a copy of a patient's complaint filed with the State Board of Examiners of Psychologists to be provided to the very psychologist against whom the complaint is made "as soon as practicable after the investigation is initiated."
The board's primary purpose is to protect the public by insuring that only qualified professionals are licensed and that they fullfill both legal and regulatory standards to maintain those licenses. The provision requiring production of the complaint to the psychologist at the earliest stages of the investigation will have a chilling effect upon members of the public coming forward to file complaints with the psychology board against members of the profession who may have violated Georgia law or professional standards.

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Rather than having a system which encourages the public to report instances of unprofessional conduct, House Bill 274 will cause patients or others to fear retaliation if they file a legitimate complaint. The provision in the bill that permits the board to "defer" providing a copy of a complaint to a psychologist under somewhat vague circumstances does not alleviate this flaw.
No other state examining board has a provision which requires disclosure of the entire complaint to the licensee right after the investigation is initiated. There is no reason to treat psychologists differently than other licensed professionals.
Licensed psychologists currently are provided both statutory and constitutional assurances that they will receive adequate notice of the charges against them prior to any hearing conducted by the board. A psychologist has a legal right to be apprised of the charges against him or her under the Administrative Procedure Act, O.C.G.A. Code Section 50-13-13(a), and a constitutional right to be provided with all favorable or arguably favorable information in possession of the board prior to any hearing, Wills v. Composite State Board of Medical Examiners, 259 Ga. 549 (1989). The court in Wills in fact recognized that there are situations where the identity of the complainant should not be revealed.
Because it inhibits the filing of the complaints, treats psychologists differently than other licensees, and there are existing due process protections for psychologists accused of unprofessional conduct, I hereby veto House Bill 274.
VETO NUMBER 20
House Bill 1511 authorizes any member of the General Assembly to receive and investigate complaints from any executive branch employee concerning the possible existence of fraud, waste, and abuse relating to state programs or operations. The bill also creates a right of action for any employee who believes that he or she has been retaliated against for bringing such information to a member of the General Assembly.
O.C.G.A. Code Section 45-1-4 already provides a procedure for state employees to bring allegations of fraud, waste, or abuse to the attention of their employer without fear or retaliation. It is appropriate for state departments in the first instance to have a standard process for employees to report any suspicions of irregularities to their employer or designated department representative. In this way, the executive branch agency has the opportunity to receive and investigate complaints and, if necessary, take appropriate corrective action.
Nothing in current state law prohibits a member of the General Assembly from making his or her own inquiry concerning any alleged irregularities in a state agency. In addition, the General Assembly also has the option of calling upon the State Auditor's office to investigate certain circumstances.
Consequently, since an appropriate statutory procedure already exists for investigating and monitoring potential abuses in state government operations, I hereby veto House Bill 1511 as unnecessary and duplicative.
VETO NUMBER 21
House Bill 1538 amends the law creating special license plates promoting the United States Disabled Athletes Fund (USDAF) to abolish the requirement that the owners of the plate must pay a $25.00 annual special plate fee.
Currently, USDAF receives manufacturing fees of $25.00 per special license plate issued and the state receives an annual $25.00 fee per special license plate renewed. There currently are no non-state entities benefitted by the issuance of a special license plate which have the renewal fee on those special plates waived. Aside from the fact that House Bill 1538 will cost the state $750,000 annually by abolishing this renewal fee, it would set a precedent for other non-state entities to use special license plates for ongoing fundraising purposes without the state benefitting from receipt of annual special plate renewal fees.

MONDAY, JANUARY 11, 1999

41

A veto of House Bill 1538 will not affect the ability of USDAF to continue to benefit from the issuance of special license plates promoting its cause. Those plates continue to be available for purchase as a part of state law. A veto of this bill will maintain the status quo by assuring that the state continues to receive an annual renewal fee for issuance of a special plate to promote a private entity.
For these reasons, I hereby veto House Bill 1538.
VETO NUMBER 22
Senate Bill 30 would allow for two or more volunteer fire departments to form a nonprofit corporation, and then to authorize that nonprofit corporation to receive state funding grants to the same extent as any local government.
Much attention has been paid to the amounts and extent of local assistance grants appropriated by the General Assembly. Significant changes, including enactment of the Fair and Open Grants Act of 1993, have strengthened audit requirements and accountability. These current procedures require that these type of local assistance grants be contracted through or with a local government entity.
Senate Bill 30 would operate to dilute these recent changes which are designed to ensure a level of visibility and accountability. The required involvement of local governments guarantees a level of scrutiny that is now expected by the public. Senate Bill 30 would set a precedent for removing local governments from this role.
For these reasons, I hereby veto Senate Bill 30.
VETO NUMBER 23
Senate Bill 420 provides for Georgia's entry into a Southern Dairy Compact with other states to regulate the price which southern dairy farmers receive for the milk they produce. The bill provides for "compact over-order prices," defined to mean minimum price required to be paid to milk producers set by the commission established to administer the dairy compact.
Although it is laudable to attempt to assist dairy farmers in Georgia, in as much as the bill would result in price fixing likely to be held unconstitutional by the Georgia Supreme Court, it cannot be approved in its current form. In addition, enactment of this legislation would likely lead to increased prices for consumers.
As early as 1951, the Georgia Supreme Court was presented with a challenge to a law which authorized the old Milk Control Board to set the price of milk. In Harris v. Duncan, 208 Ga. 561 (1951), the Court "unreluctantly" struck down the law, and held that "[bjefore the General Assembly can authorize price fixing without violating the dueprocess clause of our Constitution, among other requirements, it must be done in a business or where property involved is 'affected with a public interest,' and the milk industry does not come within that scope." Harris, 208 Ga. at 563.
The Court anticipated the concern which Senate Bill 420 attempts to address by opining that "a business is [not] affected with a public interest merely because it is large or because the public are warranted in having a feeling of concern in respect of its maintenance....For an industry or any business to become 'affected with a public interest,' its business or its property must be so applied to the public as to authorize the conclusion that it has been devoted to a public use and thereby its use, in effect, granted to the public." Harris v. Duncan, 208 Ga. at 564.
In Ward v. Big Apple Super Markets, 223 Ga. 756 (1967), the Court reaffirmed its decision in Harris and struck down the law which gave the Georgia Milk Commission the ability to control milk prices. Once again, the Court held that the milk industry does not meet the constitutional standard to permit the state to abridge the right to contract, a property right protected by the due process clause.
The Georgia Supreme Court has used precisely the same analysis in recent years to invalidate attempts to regulate and fix prices in the gasoline industry and others which also were found not to be affected with a public interest. See Strickland v. Ports Petro-

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leum Co., Inc., 256 Ga. 669, 670 (1987); Batton-Jackson Oil Co. v. Reeves, 255 Ga. 480, 483 (1986). See also Strickland v. Rio Stores, Inc., 243 Ga. 600, 601 (cigar and cigarette dealers); Cox v. General Electric Co., 211 Ga. 286, 289 (1955) (electrical appliance manufacturers).
In addition to the obvious constitutional defect, Senate Bill 420, if approved, would likely result in increased milk prices for consumers, which is what has occurred in states like Massachusetts where a milk compact has been adopted. This would be counterproductive after we have removed the sales tax off groceries in Georgia.
Consequently, because of its unconstitutionality and likely negative impact upon consumers, I hereby veto Senate Bill 420.
VETO NUMBER 24
Senate Bill 447, in its original form, authorized any local school system which was determined to have consistently under performed or otherwise be "educationally challenged" to apply to the State Board of Education for the appointment of an "educational care team," consisting of seven members who would investigate and make recommendations for improvements.
However, the Conference Committee Report to Senate Bill 447 added language from Senate Bill 565, a bill which did not pass. That language requires that students attending a postsecondary options course be counted for state funding purposes. The state already pays the cost of the student taking the postsecondary course with lottery funds, so this provision would amount to paying for the student twice with state funds. The cost of FY 1999 would be approximately $1.8 million, which was not included in House Bill 1250, the FY 1999 Appropriations Act.
In fact, it is unclear from the legislation exactly what the funding source would be. It appears that the legislation would require Quality Basic Education (QBE) funds to be used, which are state general funds. If the loss in QBE funding is replaced with lottery funds, there would be an improper supplanting of general education funds with lottery money. On the other hand, if additional lottery funds were used to pay for this legislation, it would put an unnecessary strain on other lottery programs.
For the above reasons, I hereby veto Senate Bill 447.
VETO NUMBER 25
Senate Bill 491 was amended twice on the House floor. The original bill permits the State Board of Education to waive certain middle school housing requirements for a two year period if they are infeasible for a particular school due to extraordinary growth or severe overcrowding. Although this waiver could apply to any school system, it is intended to relieve an overcrowding situation in Cobb County caused by the failure of the special purpose local option sales tax (SPLOST) referendum. Thus, the original purpose of the bill was to undermine essential elements of middle school requirements to make up for failure of Cobb County to pass a SPLOST.
This legislation only got worse with the House amendments. One amendment added the language from House Bill 1469, a bill which did not pass. This language allows local school systems that merge to phase in the resulting reduction in equalization grants over five years. This provision is intended to provide an incentive reduction in equalization grants over five years. This provision is intended to provide an incentive for more local systems to merge. Specifically, it applies to the pending merger of Dalton City and Whitfield County Schools. With this language in law, the state would continue to pay $1,068,700 which the merged system would not earn the first two years, and 75%, 50%, and 25% of that amount for the next three years, for a total of $2.6 million in additional state funds over the entire four year period.
The second amendment added the language from another bill that did not pass, House Bill 1184. This adds "foreign language" to the QBE funding language for art, music and physical education subject to appropriation. This encourages the funding of elementary

MONDAY, JANUARY 11, 1999

43

and middle school foreign language in the most expensive possible way, which is to hire an elementary foreign language teacher rather than consider distance learning opportunities. The most problematic aspect of this amendment is that it adds a new program area to the QBE formula, thereby increasing expectations without any new funding. Since this unfunded portion of the QBE formula will create added pressure for future funding, it will further undermine the credibility of QBE as a funding mechanism for schools.
For all these reasons, I hereby veto Senate Bill 491.
VETO NUMBER 26
Senate Bill 529, as passed out of the Senate, merely revised the requirements for the notice required to be provided to a property owner when changes are made to the assessment of the value of that owner's property.
However, the House added as a floor amendment on Senate Bill 529 language from House Bill 1657, a bill which did not pass. The amendment provides that if property is sold by an owner for a lower price than the value established as a result of an appeal of an assessment, then the taxpayer is entitled to a refund based upon the difference between the assessed value and the sales price.
Since a claim for refund maybe made at any time within three years from the date of payment (see O.C.G.A. Code Section 48-5-380), every municipality, county, or school board would be required to refund taxes on particular parcels of property as much as three years after the property is sold.
Therefore, the net effect of the House amendment to Senate Bill 529 would mean that all of these local entities would have to generate additional revenue to create reserves to provide for potential refunds of ad valorem taxes, which would result in a potential tax increase on all municipal or county residents as opposed to a minor tax benefit for only a portion of the locality in question.
It should be noted that although property owners who sell their property for less than its assessed value normally do not get a refund, many others who sell their property for more than its assessed value are not required to pay additional ad valorem taxes.
Whereas the House amendments to Senate Bill 529 create a financial burden on the cities and counties of Georgia which could result in higher taxes upon those local residents, I hereby veto Senate Bill 529.
VETO NUMBER 27
House Resolution 813 names a particular highway in Mitchell and Grady Counties in honor of George T. Smith, a former Speaker of the House, Lt. Governor, and a member of the judiciary serving on both of Georgia's appellate courts.
After passage of the resolution, the author of the bill, with the consent of the honoree, requested a veto on account of certain objection to the renaming of the road at this time.
Therefore, I hereby veto House Resolution 813 at the request of the author on technical grounds.
VETO NUMBER 28
House Bill 32 requires competitive bidding procedures when a county or city governing authority authorizes the construction or renovation of property for lease to the Department of Administrative Services for use by a state agency.
After passage of the bill, its author discovered technical defects in the drafting of the bill and has requested a veto.
Therefore, I hereby veto House Bill 32 on technical grounds at the request of the author.

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JOURNAL OF THE HOUSE

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

August 20, 1998

Honorable Jay Shaw Representative, District 176 Post Office Box 245 Lakeland, Georgia 31635-0245

Dear Jay:
Pursuant to your request, I am this date removing you from Game, Fish & Parks and placing you on Appropriations.
With kind regards, I am
Sincerely, /s/ Thomas B. Murphy
Speaker

TBM:bdg

cc: Hon. Terry Coleman Hon. Bob Lane Mr. Paul Lynch Mr. Robby Rivers Mr. Sewell Brumby House Information House Research

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

October 8, 1998

Hon. Carl Rogers Representative, District 20 Post Office Box 1058 Gainesville, Georgia 30503-1058

Dear Carl:
I am this date removing you from the Transportation Committee and placing you on Appropriations.
Thank You.
Sincerely, /s/ Thomas B. Murphy
Speaker

TBM:bdg

cc: Hon. Terry Coleman Hon. Jimmy Benefield Mr. Paul Lynch Mr. Robby Rivers Mr. Sewell Brumby

MONDAY, JANUARY 11, 1999

45

Joe Brown Dan Williams

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

October 25, 1998

Honorable Jack West Representative, District 101 500 Lake Clyde Road Bowdon, Georgia 30108
Dear Jack:
I am this date removing you from the Bank & Banking Committee and placing you on Appropriations.
Sincerely /s/ Thomas B. Murphy
Speaker

TBM:bdg

cc: Hon. Terry Coleman Hon. Butch Parrish Mr. Paul Lynch Mr. Robert E. Rivers, Jr. Mr. Sewell Brumby House Information House Research

House of Representatives 415 State Capitol Atlanta, Georgia

November 10, 1998

Honorable Robbie Rivers, Clerk House of Representatives 309 State Capitol Atlanta, Georgia 30334

Dear Mr. Rivers:
This is to certify that Representative Larry Walker, District 141, was duly elected Majority Leader of the Democratic Caucus of the House of Representatives at a meeting of the Caucus held on November 10, 1998 at the State Capitol, Atlanta, Georgia.
This certification is submitted pursuant to the Rules of the House of Representatives.
So certified this 10th day of November, 1998.
Sincerely, /s/ Bill Lee
Wm. J. (Bill) Lee
House of Representatives Legislative Office Building, Room 604
Atlanta, Georgia 30334

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JOURNAL OF THE HOUSE

December 3, 1998

Honorable Robert E. Rivers Clerk Clerk of the House 309 State Capitol Atlanta, GA 30334

Dear Mr. Rivers:
On Monday, November 9, 1998, the House Republican Caucus met in Room 341 of the State Capitol to elect officers for the 1999-2000 term. The results are as follows:

Minority Caucus Leader Minority Caucus Whip Minority Caucus Chairman Minority Caucus Vice Chairman Minority Caucus Secretary

-

Bob Irvin

-

Earl Ehrhart

-

Mike Evans

-

Garland Pinholster

-

Anne Mueller

Sincerely, /s/ Mike Evans
Minority Chairman
ME:sc
Office of Legislative Counsel 316 State Capitol Atlanta, Ga 30334
January 5, 1999
TO: Members Of The General Assembly From The Tenth Congressional District
RE: Caucus To Elect Tenth District State Transportation Board Member
Pursuant to the provisions of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the Tenth Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Wednesday, January 13, 1999, at 2:00 P.M.
Members of the Senate from those senatorial districts embraced or partly embraced within the Tenth Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the Tenth Congressional District are eligible to participate in said caucus.
Sincerely, /s/ Sewell R. Brumby
Legislative Counsel
SRB:jp

MONDAY, JANUARY 11, 1999

47

Office of Legislative Counsel 316 State Capitol Atlanta, Ga 30334
January 5, 1999
TO: Members Of The General Assembly From The Eleventh Congressional District
RE: Caucus To Elect Eleventh District State Transportation Board Member
Pursuant to the provisions of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the Eleventh Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Wednesday, January 13, 1999, at 3:00 P.M.
Members of the Senate from those senatorial districts embraced or partly embraced within the Eleventh Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the Eleventh Congressional District are eligible to participate in said caucus.
Sincerely, /s/ Sewell R. Brumby
Legislative Counsel
SRB:jp

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

The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia Tuesday, January 12, 1999

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

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

Alien
Anderson Ashe Barnard Barnes
Benefield Birdsong Bohannon Bordeaux Borders Bridges Brooks
Brown
Buck Buckner Bulloch
Bunn
Burkhalter
Byrd Callaway Campbell Cash
Channel! Childers Clark Coan
Coleman, B Coleman, T
Connell
Cox Crawford
Cummings

Davis, M
Davis, T Day
DeLoach, B DeLoach, G Dixon Dodson Dukes Ehrhart Epps Evans Everett Felton Floyd Franklin Golick Graves Greene
Grindley Hajnmontree Hanner Harbin Heard
Hembree Henson
Holland
Houston
Howard
Hudgens
Hudson, N
Hugley

Jackson, B Jackson, L James Jamieson Jennings Kaye Lane Lewis Lord Lucas Maddox Mann Manning Martin, J Martin, J.L
Massey McBee McCall McClinton McKinney Millar Mills Morris
Mosley
Mueller
O'Neal
Orrock
Parham
Parrish
Parsons
Pelote

Pinholster
Poag
Ponder Porter Powell Purcell
Eagas Randall
Ray Reece Reese Reichert Rice Richardson
Rogers
Royal Sanders Sauder Scarlett
Scheid Scott Shanahan
Shaw Shipp Sholar
Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W

Smith, L Smith, L.R Smith, P Smith, T Smith, V Snelling Squires
Stallings Stancil
Stanley, P Stanley-Turner Stephens Stuckey Taylor Teper Tillman Tolbert Trense
Turnquest Twiggs Unterman
Walker, L Watson
West Westmoreland Whitaker Wiles Wilhams, R Wix Yates
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Bannister of the 77th, Stokes of the 92nd, Harrell of the 62nd, Walker of the 87th, Heckstall of the 55th, Reed of the 52nd, Dix of the 76th, Cooper of the 31st, Bailey of the 93rd, Roberts of the 162nd, Mobley of the 69th, Hudson of the 120th, Hegstrom of the 66th, Jenkins of the 110th, Snow of the 2nd, Reaves of the 178th, Holmes of the 53rd, Jones of the 71st and Williams of the 83rd.
They wish to be recorded as present.
Prayer was offered by Michael A. Guido, D. D., Director, The Guido Evangelistic Association, Inc., Metier, Georgia.
The members pledged allegiance to the flag.
Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.

TUESDAY, JANUARY 12, 1999

49

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.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 1. By Representatives Felton of the 43rd and Trense of the 44th:
A bill to incorporate the City of Sandy Springs in Fulton County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 2. By Representatives Franklin of the 39th, Coan of the 82nd, Massey of the 86th and Joyce of the 1st: A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide for a gradual reduction in the state income tax rate for individuals, fiduciaries, partnerships, and corporations over a period of years; to abolish the state income tax effective for tax years beginning on and after January 1, 2018.
Referred to the Committee on Ways & Means.
HB 3. By Representatives Franklin of the 39th, Coan of the 82nd, Massey of the 86th, Joyce of the 1st and Kaye of the 37th: A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that Georgia taxable net income of an individual taxpayer or a foreign corporation or domestic corporation shall not include income which is attributable directly to a capital gain.
Referred to the Committee on Ways & Means.
HB 4. By Representatives Franklin of the 39th, Coan of the 82nd and Massey of the 86th: A bill to amend Code Section 40-6-393 of the Official Code of Georgia Annotated, relating to homicide by vehicle, so as to provide that homicide by vehicle which occurs as a result of driving under the influence shall be punishable by life imprisonment or death.
Referred to the Committee on Special Judiciary.
HB 5. By Representatives Franklin of the 39th, Coan of the 82nd, Massey of the 86th and Kaye of the 37th: A bill to amend Code Section 34-8-194 of the Official Code of Georgia Annotated, relating to grounds for disqualification of unemployment benefits, so as to add an additional ground for disqualification of benefits.
Referred to the Committee on Industrial Relations.
HB 6. By Representatives Franklin of the 39th, Coan of the 82nd and Massey of the 86th: A bill to amend Code Section 18-4-22 of the Official Code of Georgia Annotated, relating to the exemption of certain pension or retirement funds or benefits from garnishment until certain payment or transfer thereof, so as

50

JOURNAL OF THE HOUSE

to provide for such an exemption with respect to additional individual retirement account funds or benefits.
Referred to the Committee on Judiciary.
HB 7. By Representatives Franklin of the 39th, Coan of the 82nd, Ehrhart of the 36th and Irvin of the 45th: A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to the sale of alcoholic beverages, so as to repeal the prohibition on the shipment of alcoholic beverages by persons in another state or country to unauthorized persons in this state.
Referred to the Committee on Regulated Beverages.
HB 31. By Representative Poag of the 6th: 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 provide for the safety of public schools, students, school personnel, visitors, and public school property.
Referred to the Committee on Education.
HB 32. By Representative Poag of the 6th: A bill to provide a homestead exemption from Murray County School District ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $20,000.00 and who are 62 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 33. By Representatives Royal of the 164th and Buck of the 135th: A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to eliminate certain recording fees with respect to preferential or current use assessment of tangible real property devoted to agricultural use, bona fide conservation use property, and bona fide residential transitional property.
Referred to the Committee on Ways & Means.
HB 34. By Representatives Royal of the 164th and Buck of the 135th: A bill to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to ad valorem taxation of bona fide conservation use property, so as to provide for additional types of qualified owners.
Referred to the Committee on Ways & Means.
HB 35. By Representatives Royal of the 164th and Buck of the 135th: A bill to amend Code Section 48-7-26 of the Official Code of Georgia Annotated, relating to personal exemptions regarding the computation of Georgia taxable income, so as to change certain provisions with respect to dependent deductions.
Referred to the Committee on Ways & Means.

TUESDAY, JANUARY 12, 1999

51

HB 36. By Representatives Royal of the 164th and Buck of the 135th:
A bill to amend Code Section 48-4-79 of the Official Code of Georgia Annotated, relating to judicial hearings on certain in rem tax foreclosures, so as to change certain provisions regarding the contents of the order of a superior court in connection with such a foreclosure.
Referred to the Committee on Ways & Means.
HB 37. By Representative Parham of the 122nd:
A bill to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to provide that any inmate with a current or prior conviction for any offense involving a victim under the age of 16 years shall not be allowed visitation with any person under the age of 18 years unless special visitation is approved by the warden or superintendent of the correctional institution where the inmate is housed.
Referred to the Committee on State Institutions & Property.
HB 38. By Representatives Porter of the 143rd and Jamieson of the 22nd:
A bill to amend Code Section 20-2-160 of the Official Code of Georgia Annotated, relating to student program counts, so as to change the provisions regarding program counts for students in the program established in Code Section 20-2-161.1.
Referred to the Committee on Education.
HB 39. By Representatives Walker of the 141st, Martin of the 47th, Murphy of the 18th, Smith of the 109th, Buck of the 135th and others:
A bill to amend Code Section 15-21-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, so as to provide for the exemptions from jury duty of any person who is a full-time student at a college, university, vocational school, or other postsecondary school and who requests an exemption; to provide for the exemption from jury duty of any person who is the primary caregiver having active care and custody of a child under two years of age.
Referred to the Committee on Judiciary.
HB 40. By Representatives Hegstrom of the 66th, Mobley of the 69th, Byrd of the 170th, Harrell of the 62nd, Stuckey of the 67th and others:
A bill to amend Code Section 40-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms relative to motor vehicles and traffic, so as to redefine crosswalk.
Referred to the Committee on Motor Vehicles.
HB 41. By Representatives Pinholster of the 15th and Stancil of the 16th:
A bill to amend Code Section 20-8-5 of the Official Code of Georgia Annotated, relating to law enforcement powers of school security personnel, so as to change certain provisions applicable to every county having a population of 100,000 or more according to the United States decennial census of 1980 or any future such census which empower a local board of education to authorize certain school security personnel to carry certain firearms or weapons and to make such provisions applicable state wide.
Referred to the Committee on Education.

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JOURNAL OF THE HOUSE

HB 42. By Representative Pinholster of the 15th: A bill to amend Code Section 40-8-111 of the Official Code of Georgia Annotated, relating to equipment on school buses, generally, so as to provide that school buses shall be equipped with passenger seat belts.
Referred to the Committee on Motor Vehicles.
HB 43. By Representative Williams of the 114th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change certain provisions relating to investments of insurers; to change certain provisions relating to investment pools.
Referred to the Committee on Insurance.
HB 44. By Representative Williams of the 114th: A bill to amend Code Section 36-8-1 of the Official Code of Georgia Annotated, relating to election or appointment and qualifications of county police, so as to provide for abolishment of certain county police forces created by county governing authorities prior to 1992.
Referred to the Committee on State Planning & Community Affairs.

HB 45. By Representative Irvin of the 45th:
^ bill to amend Article 1 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions regarding the regulation of maintenance and use of public roads, so as to provide for purchasing the use of high occupancy vehicle lanes.
Referred to the Committee on Transportation.
HB 46. By Representative Irvin of the 45th: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale or use of wheelchairs and certain related equipment.
Referred to the Committee on Ways & Means.
HB 47. By Representative Irvin of the 45th: A bill to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance and renewal of drivers' licenses, so as to provide for contracts with the Department of Industry, Trade, and Tourism for the renewal of drivers' licenses in that department's offices outside the United States and provide for conditions of renewal.
Referred to the Committee on Motor Vehicles.
HB 48. By Representative Irvin of the 45th: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to prohibit the requirement of fingerprinting of applicants for drivers' licenses and certain identification cards and require the destruction of fingerprints obtained.
Referred to the Committee on Motor Vehicles.

TUESDAY, JANUARY 12, 1999

53

HB 49. By Representative Irvin of the 45th:
A bill to amend Article 3 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to property covenants and warranties, so as to provide for certain 50 year covenants.
Referred to the Committee on Judiciary.
HB 50. By Representatives Franklin of the 39th, Massey of the 86th, Joyce of the 1st, Kaye of the 37th and Jones of the 71st:
A bill to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government, so as to provide that the state and all state agencies and political subdivisions shall be prohibited from entering into any business transaction with a financial institution which has a policy of requiring fingerprints of customers and other persons.
Referred to the Committee on Judiciary.
HB 51. By Representatives Franklin of the 39th, Massey of the 86th, Joyce of the 1st and Kaye of the 37th:
A bill to amend Code Section 21-2-220 of the Official Code of Georgia Annotated, relating to voter registration applications, so as to provide that failure of an applicant for voter registration to supply certain requested information shall not constitute a basis for rejecting such application.
Referred to the Committee on Governmental Affairs.
HB 52. By Representatives Franklin of the 39th, Coan of the 82nd, Massey of the 86th and Joyce of the 1st:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to enact the "State Sovereignty and Federal Tax Funds Act".
Referred to the Committee on Ways & Means.
HR 1. By Representatives Franklin of the 39th, Coan of the 82nd, Massey of the 86th, Joyce of the 1st and Kaye of the 37th:
A resolution proposing an amendment to the Constitution so as to require the freezing of existing residential real property values and to provide that residential real property and interests therein shall be appraised for ad valorem taxation purposes at their fair market value as of the date of the owners acquisition thereof.
Referred to the Committee on Ways & Means.
HR 9. By Representatives Royal of the 164th, Buck of the 135th and Smith of the 109th:
A resolution proposing an amendment to the Constitution so as to repeal the provisions requiring the funding of education by ad valorem taxation and provide for the imposition of a state-wide sales and use tax of 2 percent, which rate of taxation may be adjusted as necessary by the General Assembly, the proceeds of which shall be used exclusively for educational purposes prior to the college of postsecondary level.
Referred to the Committee on Ways & Means.

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JOURNAL OF THE HOUSE

HR 10. By Representatives Royal of the 164th and Buck of the 135th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general or local law for limitations upon the rate of increase of the ad valorem tax millage rate and value of property for certain purposes.
Referred to the Committee on Ways & Means.

HR 11. By Representative Royal of the 164th: A resolution proposing an amendment to the Constitution so as to provide for the imposition of a state-wide sales and use tax of 1 percent, the proceeds of which shall be used for educational purposes prior to the college or postsecondary level.
Referred to the Committee on Ways & Means.
HR 12. By Representatives Royal of the 164th and Buck of the 135th: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general or local law for limitations upon the rate of increase of the ad valorem tax millage rate and value of property for certain purposes.
Referred to the Committee on Ways & Means.
HR 13. By Representatives Pinholster of the 15th, Stancil of the 16th and Powell of the 23rd: A resolution creating the Georgia DUI Study Commission.
Referred to the Committee on Rules.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following resolution of the House: HR 3. By Representative Walker of the 141st:
A resolution calling a joint session of the House of Representatives and Senate; providing for other matters relative to the inauguration of the Governor and Lieutenant Governor.
The President Pro Tempore has appointed as a Committee of Escort on the part of the Senate the following Senators: Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd, Walker of the 22nd, Starr of the 44th, Dean of the 31st and Hecht of the 34th.
The following Resolutions of the House were read and adopted: HR 14. By Representatives Parham of the 122nd and Porter of the 143rd:
A resolution honoring C. Frank Fields. HR 15. By Representative Purcell of the 147th:
A resolution recognizing the bicentennial celebration of the founding of the City of Springfield.

TUESDAY, JANUARY 12, 1999

55

HR 16. By Representative Purcell of the 147th:
A resolution recognizing Tuesday, January 26, 1999, as "Effingham County Day".
HR 17. By Representative Ray of the 128th: A resolution recognizing and honoring Holmes Harrison, Jr..
HR 18. By Representative Parham of the 122nd: A resolution commending Mary Ella Johnson.
HR 19. By Representative Parham of the 122nd:
A resolution commending Leroy Little.
HR 20. By Representatives Pinholster of the 15th and Bridges of the 9th:
A resolution paying tribute to Daryl L. Grinstead and expressing sympathy to his family.
HR 21. By Representative Jamieson of the 22nd:
A resolution commending Willard Kimsey.
HR 22. By Representatives Mosley of the 171st, Byrd of the 170th and Connell of the 115th:
A resolution commmending the Wayne County High School Lady Jackets softball team.
HR 23. By Representatives Mosley of the 171st and Byrd of the 170th:
A resolution honoring Ruth Coleman and expressing regret at her passing.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 24. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A resolution commending the University of Georgia women's gymnastics team on becoming the 1998 NCAA Champions and inviting the team and coaches to appear before the House of Representatives.
HR 25. By Representatives McBee of the 88th and Hudgens of the 24th:
A resolution commending Beth Shapiro on being named a Rhodes Scholar and inviting her to appear before the House of Representatives.
HR 26. By Representatives Franklin of the 39th, Irvin of the 45th and Martin of the 47th:
A resolution honoring Mrs. James M. Heiskell and inviting her to appear before the House of Representatives.
HR 27. By Representative Hudson of the 156th:
A resolution commending the 1998 Irwin County High School Lady Indians Softball Team and inviting the team and its coaches to appear before the House of Representatives.

Representative Skipper of the 137th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia Wednesday, January 13, 1999

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Dr. Randy Kennedy, Pastor, First Baptist Church of Perry, Perry, 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.
By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the committees: HB 18. By Representatives Everett of the 163rd, Smith of the 102nd, Hudgens of
the 24th and Yates of the 106th: A bill to amend Code Section 3-3-23 of the Official Code of Georgia Annotated, relating to furnishing to, purchase of, or possession by persons under 21 years of age of alcoholic beverages and dispensing, serving, selling, or handling alcoholic beverages by persons under 21 years of age in the course of employment.
Referred to the Committee on Regulated Beverages.
HB 19. By Representative Everett of the 163rd: A bill to amend Code Section 26-4-81 of the Official Code of Georgia Annotated, relating to the procedure for substitution of generic name drugs, so as to provide for the name of the brand name drug upon the container for the substituted drug.
Referred to the Committee on Health & Ecology.
HB 25. 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 change the definition of a certain term; to provide that the Composite State Board of Medical Examiners shall function as a

WEDNESDAY, JANUARY 13, 1999

57

separate state agency and shall be a separate budget unit of state government.
Referred to the Committee on Health & Ecology.
HB 53. By Representative Murphy of the 18th: A bill to clarify that a motion to enforce an alimony or child support order by attachment for contempt is a part of the underlying action and does not constitute a new action; to amend Code Section 19-6-28 of the Official Code of Georgia Annotated, relating to enforcement of orders for alimony and child support, so as to provide for the nature of contempt proceedings as a part of the underlying action.
Referred to the Committee on Judiciary.
HB 54. By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd, Walker of the 141st and Skipper of the 137th: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption with respect to the sale of certain natural or artificial gas used directly in the production of electricity.
Referred to the Committee on Ways & Means.
HB 55. By Representatives Buck of the 135th, Royal of the 164th and Jamieson of the 22nd: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to change certain provisions regarding the exemption of certain fees and charges of urban transit systems; to provide for an additional exemption with respect to certain fares and charges.
Referred to the Committee on Ways & Means.
HB 56. By Representatives Buck of the 135th, Royal of the 164th and Jamieson of the 22nd: A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provisions of federal law into Georgia law.
Referred to the Committee on Ways & Means.
HB 57. By Representatives Buck of the 135th, Royal of the 164th and Jamieson of the 22nd: A bill to amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding state sales and use tax, so as to change certain provisions regarding certain sales and use tax exemptions with respect to certain motor fuels.
Referred to the Committee on Ways & Means.
HB 58. By Representatives Randall of the 127th, Dean of the 48th, Jones of the 71st and Watson of the 70th: A bill to amend Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs of the General Assembly, so as to provide

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for issuance of a housing affordability impact note for any legislation or rule that affects the cost of constructing a residential unit of housing.
Referred to the Committee on Special Judiciary.

HB 59. By Representatives Buck of the 135th, Royal of the 164th and Jamieson of the 22nd:
A bill to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, collection, and assessment of the state sales and use tax, so as to change certain provisions regarding the imposition of such tax.
Referred to the Committee on Ways & Means.

HB 60. By Representatives Buck of the 135th, Royal of the 164th and Jamieson of the 22nd:
A bill to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to change certain provisions with respect to authorized forms of payment.
Referred to the Committee on Ways & Means.

HB 61. By Representatives Buck of the 135th, Royal of the 164th and Jamieson of the 22nd:
A bill to amend Article 4 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible taxation of financial institutions, so as to change certain provisions regarding local business license taxes on depository financial institutions.
Referred to the Committee on Ways & Means.

HB 62. By Representatives Buck of the 135th, Royal of the 164th and Jamieson of the 22nd:
A bill to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to the intangible recording tax, so as to change certain provisions regarding the filing of instruments securing long-term notes.
Referred to the Committee on Ways & Means.

HB 63. By Representatives Buck of the 135th, Royal of the 164th and Jamieson of the 22nd:
A bill to amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to change certain provisions relating to the levy and rate of taxation with respect to certain motor fuels.
Referred to the Committee on Ways & Means.

HB 64. By Representatives Buck of the 135th, Royal of the 164th and Jamieson of the 22nd:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem tax-

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ation of property, so as to change certain provisions relating to assessment of tangible property.
Referred to the Committee on Ways & Means.
HB 65. By Representatives Buck of the 135th, Royal of the 164th and Jamieson of the 22nd: A bill to amend Article 1 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to the real estate transfer tax, so as to change certain provisions regarding applicability to certain instruments, deeds, or writings.
Referred to the Committee on Ways & Means.
HB 66. By Representatives Buck of the 135th, Royal of the 164th and 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 tax, so as to change certain provisions regarding taxation of individuals.
Referred to the Committee on Ways & Means.
HB 67. By Representatives Birdsong of the 123rd, Roberts of the 162nd, Sims of the 167th, Squires of the 78th, Poag of the 6th and others: A bill to amend Code Section 15-6-72 of the Official Code of Georgia Annotated, relating to recordation and index of military discharges by the clerk of superior court, so as to provide that a veteran may submit certain other information to the clerk of the superior court for recordation.
Referred to the Committee on Defense & Veterans Affairs.
HB 68. By Representatives Birdsong of the 123rd, Porter of the 143rd, Jamieson of the 22nd, Roberts of the 162nd, Sims of the 167th and others: A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to provide for instructional activity relating to the Presidents of the United States on President's Day of each year; to provide for instructional activity relating to Veterans Day.
Referred to the Committee on Education.
HB 69. By Representative Smith of the 109th: A bill to amend Code Section 46-5-27 of the Official Code of Georgia Annotated, relating to telephone solicitation to residences and related matters, so as to provide that no person shall record any portion of a telephone solicitation call to a residential subscriber.
Referred to the Committee on Judiciary.
HB 70. By Representatives Smith of the 109th, Jenkins of the 110th, Holland of the 157th and Crawford of the 129th: A bill to amend Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to year's support under the Revised Probate Code of 1998, so as to change the provisions relating to issuance of citation and publication of notice.
Referred to the Committee on Judiciary.

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HB 71. By Representative Smith of the 109th: A bill to amend Code Section 52-7-18 of the Official Code of Georgia Annotated, relating to rules of the road for boat traffic, so as to restrict the permissible speed of vessels within 50 feet of certain objects.
Referred to the Committee on Game, Fish & Parks.
HB 72. By Representatives McBee of the 88th and Heard of the 89th: A bill to amend Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service, and Chapter 6 of Title 46 of the Official Code of Georgia Annotated, relating to radio common carriers, so as to provide for legislative findings; to provide for definitions; to require pager service providers to keep records of originating phone numbers and customers requested.
Referred to the Committee on Industry.
HB 73. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th: A bill to amend Article 1 of Chapter 45 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions concerning municipal training, so as to change the terms of office of members appointed to the board of the Harold F. Holtz Municipal Training Institute.
Referred to the Committee on State Planning & Community Affairs.
HB 74. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th: A bill to amend an Act providing for the compensation of the coroner of Clarke County, so as to change the provisions regarding compensation.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 75. By Representatives McBee of the 88th and Heard of the 89th: A bill to amend Code Section 44-12-131 of the Official Code of Georgia Annotated, relating to duration of pawn transactions, legal rates of interest, and excessive interest, so a to change the amount of interest and other fees a pawnshop may legally charge.
Referred to the Committee on Banks & Banking.
HB 76. By Representatives Walker of the 141st, Bohannon of the 139th, Floyd of the 138th, McBee of the 88th and Ray of the 128th: A bill to amend Subpart 1 of Part 3 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Aviation Hall of Fame, so as to change provisions relating to the function and authority of the hall of fame; to provide that the hall of fame shall be the official state repository for aviation history.
Referred to the Committee on Rules.
HB 77. By Representatives Reaves of the 178th, McCall of the 90th and Purcell of the 147th: A bill to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Dairy Act of 1980," so as to delete certain definitions; to repeal provisions related to imitation milk prod-

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ucts, imitation reconstituted milk, milk or cream brokerages, milk or cream buying stations and reconstituted milk; to change references to the "Grade A Pasturized Milk Ordinance".
Referred to the Committee on Agriculture & Consumer Affairs.
HB 78. By Representatives Reaves of the 178th and Purcell of the 147th: 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 repeal Code Section 26-2-31, relating to repacking of flour, grits, hominy, and cornmeal.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 79. By Representatives Ehrhart of the 36th, Wiles of the 34th and Manning of the 32nd: A bill to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the University System of Georgia, so as to provide that high school grades of person seeking admission to any public college or university in this state shall not be indexed except under certain conditions.
Referred to the Committee on University System of Georgia.
HB 80. By Representative Jones of the 71st: A bill to amend Part 2 of Article 2 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to professional bondsmen, so as to authorize sheriffs to require professional bondsmen to submit to the sheriff for his or her approval a list of bail recovery agents employed by such bondsmen.
Referred to the Committee on Special Judiciary.
HB 81. By Representatives Buck of the 135th, Royal of the 164th and 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 tax, so as to change certain provisions regarding taxation of corporations.
Referred to the Committee on Ways & Means.
HB 82. By Representatives Birdsong of the 123rd, Reaves of the 178th, Royal of the 164th, Skipper of the 137th and Walker of the 141st: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of electricity for the operation of an irrigation system which is used on a farm exclusively for the irrigation of farm crops.
1/13/1999
Mr. Clerk:
Pursuant to Rule 52 of the Georgia Houss of Representatives, the undersigned makes notice of a motion to engross House Bill Number 82. This notice is made prior to or upon reading the bill the first time.

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/s/ Birdsong Representative 123rd District
Referred to the Committee on Ways & Means.
HR 28. By Representative Campbell of the 42nd: A resolution compensating A. K. Pearson.
Referred to the Committee on Appropriations.

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

HB 1 HB 2 HB 3 HB 4 HB 5 HB 6

HB 42 HB 43 HB 44 HB 45 HB 46 HB 47

"HR dSi
HHBB 3323 HB 34 HB 35 HB 36 HB 37 HB 38 HB 39 HB 40 HB 41

HHRB 4498
WR 50n H! 51 HB 52 HR 1 HR 9 HR 10 HR 11 HR 12 HR 13

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolutions of the House:
HR 6. By Representative Walker of the 141st:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor.
HR 7. By Representative Walker of the 141st:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court.
HR 8. By Representative Walker of the 141st:
A resolution relative to adjournment.

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

The Speaker announced the House in recess until 11:00 o'clock this morning.

The Speaker called the House to order.

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The hour of convening the Joint Session pursuant to HR 6 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Governor, was called to order by the President of the Senate, Lieutenant Governor Mark Taylor.
The Resolution calling for the Joint Session was read.
Accompanied by the Committee of Escort and other distinguished guests, His Excellency, Governor Roy E. Barnes, appeared upon the floor of the House and delivered the following address:

Lieutenant Governor Taylor, Speaker Murphy, and members of the General Assembly:
Two days ago in my Inaugural Address, I challenged the youth of our state to help show us the way, to help lead us in tough times by their example.
I told them that if they could reach out to their fellow classmates with compassion, with tolerance, and with dignity, we would reach out to them by expanding the promise offered by HOPE Scholarships into hope throughout our entire school system.
I asked that we celebrate a New Georgia where, together, we tackle difficult issues such as health care, transportation, pollution and crime - issues we emphasized in our campaign.
We promised voters we would tackle the challenges working mothers face finding day care.
We promised voters affordable and fair health care for all of our citizens.
We promised voters that we would reduce their tax burden and work as a stronger partner to extend economic opportunity throughout Georgia.
Now, ladies and gentleman, it is time to begin.
Now is the time to begin the work of making Georgia not just the Capital of the New South, but a Capital for the New Century.
In my supplemental budget last week I announced our property tax cut.
Today, I am happy to announce that the budget before you includes a $83 million property tax cut. If you agree to this proposal, the first $10,000 of our homes and family farms will be exempt from property taxes.
My plan is that, over the next seven years, we will eliminate taxes on the first $50,000 in value on your homes and family farms.
For many young couples struggling to qualify for their first home, and for many elderly couples on fixed incomes who are fighting tooth and nail to stay in their homes-this tax cut will help lift the burden and fulfill the dream of home-ownership.
And we can do this without cutting important programs or raising taxes.
While providing a much-needed tax cut which will help to stimulate our economy, we must also address our problems of growth and development.
You've seen the headlines.
You've seen the newscasts.
Just this month, the United States Census Bureau announced that for the second year running, Georgia is the fastest growing state in the South; the third-fastest in the country.
We are experiencing growth in population, in new business, in venture capital, in new technology, in new housing. In almost every category you care to name, we are flourishing.
But with increased growth comes increased responsibility.
We have 25,000 more children in our schools this year.

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Our prison population continues to multiply.
Our local governments are busting at the seams, searching for ways to keep up with the demand for more classrooms and sewer stations, cleaner water and higher paid police officers.
We have done a remarkable job attracting new business, but what we haven't done is keep pace with our progress.
We haven't found a way to plan for our progress.
Because of our growth, we expect to experience a 5.6 percent increase in revenue collections.
Some of that money we want to return to the taxpayers in the form of the property tax cut I just described.
The rest of it will be used to deal with our pressing needs, as well as guard against the many indicators telling us that an economic slowdown may be on the horizon.
We have budgeted $13.3 billion for Fiscal Year 2000.
Although our budget has grown by $760 million, we have managed to keep up with the demands of being the fastest growing state in the South.
We have done this without raising a single tax or fee, while providing for a tax cut.
Before I was born, a train ran from my hometown to this state capitol, every hour, on the hour.
But, we pulled up our rail lines for more and faster lanes, which are now slowing us down, snarling our growth and polluting our air.
This crisis didn't happen over night and the solution won't come overnight either.
It wasn't caused by any one aspect of our society.
But, we all must shoulder a part of the blame, just as we should all pitch in to solve the problem and confront it head on.
It would be more than irresponsible if we failed to do this.
It would undermine our long history of rising to the occasion to solve difficult problems.
It would drain our economy, slow our growth, and threaten our quality of life.
The stakes are higher than ever before.
After all, the only human institution that can reject progress and still survive is the cemetery.
Today I am proposing $1 million to support the start-up and initial operating costs of a new authority, that will plan, develop and coordinate regional mass transit systems, and coordinate overall transportation planning.
This authority will also address metropolitan Atlanta's traffic and air quality problems.
I will present to you additional details concerning the mechanics of this authority in the coming weeks.
I am also recommending $300,000 to match $1.2 million in federal funds to continue the Voluntary Ozone Action Program - encouraging businesses, governments, universities and all other metro-Atlantans to use their cars less on days when Atlanta's ozone level is projected to exceed federal air quality standards.
Just as we want clean air and water, we want to create clean jobs - non-polluting, noncommuting jobs.
What we want to do is produce the graduates, attract the companies, and market the products that make the information superhighway work.
We want to make the nuts and bolts - or the silicon chips and semiconductors - that will bring information and services to us faster than we ever dreamed possible.

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To attract the nation's best and brightest in the fields of electrical and computer engineering, we must add faculty and continue to refine high tech curriculum at our universities.
To create the kind of high-level positions our graduates are seeking, we must focus our attention where the jobs of the future will be, namely around the design of micro-chip systems.
That is why I am recommending $13.6 million to fund the Yamacraw Project.
It is not enough to merely keep pace with our growth, we must provide the educational and economic opportunities that anticipate where we'll be, and what kind of skills our employers will be looking for, 10 and 20 years from now and beyond.
Together we will build an even brighter future.
Together we will stimulate an even stronger economy.
And together we will create even more opportunity.
As I said in my Supplemental Budget Address last week, our goal is to be recognized as one of the nation's top five technology-based economies and this initiative is a downpayment on that goal. We want to address the problems facing metro Atlanta, but under no circumstances do we want to neglect the concerns of many parts of this state still struggling to gain access to economic opportunity.
Included in this budget, is $22.7 million in DOT state motor fuel funds to match the increase in available federal dollars.
This funding, combined with the $20 million in state general funds in the FY 1999 Amended Budget, will enable the state to match all of the additional federal funds awaiting us.
I am also recommending $12.5 million for our technical schools to replace obsolete equipment and keep up with changing technology. Furthermore, I am recommending $6.3 million to open 13 new and renovated technical facilities statewide.
The newspapers may have said that they will miss Governor Miller's talks about North Georgia, as I will, but the one thing the people of Georgia won't have to miss about Governor Miller is his HOPE Scholarships.
Mark my words: HOPE is here to stay.
In fact, HOPE is bigger than ever.
Included in this budget is the funding to provide an additional 8,000 students HOPE Scholarships.
I am also recommending $6.7 million to accommodate 1,500 more children in our Pre-K program.
But now is the time to also extend hope throughout our school systems by confronting a new epidemic.
While crime rates throughout our state continue to fall, our schools are suffering from violence, intimidation, suicide and murder.
How many times have you seen the same old story played out on the news: "They said they were going to do something terrible, but no one believed them, no one took them seriously."
Well, I intend to take this problem seriously.
I intend to take the steps necessary to turn the tide on violence in our schools.
Before you is a proposal to double our funding for alternative schools from $12.9 million to a total of $24.6 million.
This money will expand programs giving teachers and administrators greater opportunity to identify problems before they explode.

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It will enable us to add additional security, additional educational services, and expand the program to serve 2,000 additional students.
And this new funding will help us standardize our pupil-teacher ratio in alternative schools.
It is time that we commit ourselves to finding answers to the problems children face.
What I am describing now is a break down of family life and family values - the slow eroding away of supervision, instruction and discipline for our youth.
That's why I am recommending we expand our after school programs to include up to 3,600 additional students, a $5 million budget increase, or a 50% increase, for a total of $16 million.
If we want to tackle the problems of school violence and juvenile crime, we must get ahead of the curve and continue to expand our commitment to after-school programs.
In fact, I helped open the first after-school program in Mableton, and I saw how it worked.
I saw how the program helped shape young lives searching for direction, looking for answers.
Another way I want to extend hope through our public schools is by bringing more technology, equipment and training into the schools.
Today, every school must be wired for technology.
Now it is time to complete our technology needs.
That's why I'm recommending $33.9 million in lottery funds to allow local schools to purchase technology and equipment, and provide technology training.
If we hope to return honor, trust and dignity to the public offices we hold, then we must be above reproach, we must refuse to accept business-as-usual in state government, and we must insist that our word is our most valuable asset.
As a first step toward stripping away a rank and destructive skepticism that has settled over our land, just yesterday I signed an executive order barring members of my staff and the executive branch from accepting gifts from vendors and lobbyists.
To that end, I am submitting to you today as part of my budget, a proposal for something we have never done before: outside audits of state government.
Not just counting the money to make sure it's all there.
But a tough and thorough study of what is done and how it could be done better.
Cheaper.
More quickly.
More efficiently.
That is why I am proposing $4 million for a management and operational review of our largest state agencies.
I propose we put the cost savings we find in the audits into initiatives that will help us realize even greater savings in the future.
For example, in the Department of Human Resources, I am proposing $2.1 million be spent for new community-based services which will give 117 people who are mentally or physically challenged a new lease on life.
Too often, we institutionalize patients who could be better served at a lower cost within the communities in which they live.
Another example of government that I hope will allow us to work better with less is found in Temporary Assistance to Needy Families, or TANF.
Because we have experienced a decline in our welfare roles, we have saved $40 million.

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I propose we take $5 million of that $40 million in savings and reinvest it in a program we call the Fatherhood Initiative.
What this program intends to do is reach non-custodial fathers who have fallen behind on child support and make sure they live up to their responsibilities.
What we want to do is help re-build, or in some cases, build for the first time, a bridge between fathers and their families.
In so doing, we will re-establish child support payments that can help additional women and children get off welfare.
During my campaign, I promised we would work with mothers and with fathers struggling to hold down jobs and raise children.
So today I am recommending $30 million of the $40 million of welfare savings be redirected to allow 14,706 additional children be added to our child care programs.
For years, Medicaid has been undermined by con artists and scam artists willing to prey upon the sick and soak up your tax dollars.
We aim to, once and for all, end fraud.
We aim to catch, to prosecute and to imprison those who are billing Medicaid and hospitals for services never performed.
That is why I am recommending we continue to fund 50 staff positions in the Fraud and Abuse Unit of Medicaid.
We expect to realize nearly $20 million in savings this year from their efforts.
So let us begin our work together by doing a careful and honest study of how we could do our job better, cheaper and more efficiently.
Although restoring honor and dignity to our political process is a top priority, the most daunting challenges facing us today relate to our unprecedented growth.
If we truly want to inspire young people, we must attract the teachers who know how to do it.
That is why I am recommending we increase our school teachers' salaries by four percent, effective next school year.
I am also recommending $6.1 million to complete the initiative supported by the General Assembly last year allowing teachers to apply unused sick leave to their retirements.
This is part of an ongoing effort to keep teachers' pay in Georgia at the top in the Southeast, and to continue to close the gap between what we pay teachers and the national average.
State employees will receive an overall 3% cost of living increase.
I am also recommending salary increases for law enforcement and correctional officers.
It's one thing to talk tough on crime. It's another to take action.
All of us can be tough on crime by supporting law enforcement.
Until now, we have had a difficult time recruiting additional personnel.
In fact, a correctional officers' beginning salary is currently so low that some may even qualify for Medicaid.
This is something we all should be ashamed of.
It is something I will not tolerate.
That is why I am proposing we raise the starting salary of correctional officers from $18,880 to $22,000, and the starting salary of our State Troopers from $24,000 to $26,000.
The total increase in salaries for State Patrol's sworn officers - which includes salaries for Trooper Cadets, Troopers, and Troopers First Class - represents $1.2 million in this budget.

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We also want to hire an additional 40 Troopers for the Georgia State Patrol. This increase would bring the authorized count to 929.
As a first step toward making good on our promise to make health care affordable and fair for all of our citizens, I propose the creation of an Insurance Consumer Advocate.
I hope this office will represent businesses and government, employers and individuals, all who seek to purchase insurance.
I recommend in this budget $337,000 to create this office which will address insurance rates and other regulatory matters on behalf of consumers and not insurance companies.
For once, I want more than just the insurance company's side of this story told.
With this proposal, you will have someone working for you and your families.
It is true that strengthening our education system will, eventually, help lower our crime rates.
But let us be clear, we will not lower our guard, or sacrifice the safety of our streets, by being soft on crime.
In this budget, you will see a dramatic increase in our capacity to keep criminals off the streets.
In this budget, you will find $48.6 million to open new prisons and staff facilities.
In addition, we have budgeted $86.1 million in state and federal dollars in our supplemental budget to provide a minimum of 2,200 additional prison beds, bringing a total of at least 8,700 new prison beds on line in the near future at a cost of $134.7 million.
Included in this budget, you will find $8.3 million to fund 800 beds in transitional centers and work camps.
This money will house non-violent offenders in places where they can improve their skills and learn discipline and the value of hard work.
I am also recommending $6.4 million for 85 new positions, equipment and related expenses for our crime labs, bringing our total expenditures for this session to $28.1 million.
Put quite simply, the Georgia Crime Lab has been nothing short of a disaster.
Its delays have not only imperiled the enforcement and prosecution of criminals, but have also, in some cases, delayed justice; and justice delayed is certainly justice denied. What we win when all of our people feel safe on the streets can help to dissolve distrust and rebuild a sense of community.
Well, here it is: Our first annual budget. Our first effort to address the challenges of the 21st Century.
Our first step as a new administration, a new era, a new generation.
Our first attempt to tell the nation that we are every bit as great, as our goals are ambitious.
Our first stake at the claim that today we are not just the Capital of the New South, but a Capital for the new century.
Thank you.
Senator Walker of the 22nd moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.
The President of the Senate, Lieutenant Governor Mark Taylor, announced the Joint Session dissolved.
The Speaker called the House to order.
The following Resolution of the House was read and referred to the Committee on Rules:

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HR 29. By Representatives Reaves of the 178th, Purcell of the 147th and Floyd of the 138th:
A resolution recognizing and commending the Georgia Farm Bureau Federation and inviting its president to appear before the House of Representatives.

Representative Skipper of the 137th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia Thursday, January 14, 1999

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Dr. George Bryant Wirth, Pastor, First Presbyterian Church, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
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.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees: HB 8. By Representatives Felton of the 43rd, Trense of the 44th, Smith of the
103rd, Jamieson of the 22nd, Smith of the 12th and others: A bill to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipalities, so as to provide for legislative findings and authority; to provide for the creation of municipal charter commissions.
Referred to the Committee on State Planning & Community Affairs. HB 26. 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 authorize and provide for use of this state as a state of entry into the United States by alien insurers for the purpose of transacting insurance in the United States through a United States branch.
Referred to the Committee on Insurance.
HB 83. By Representatives Jones of the 71st and Watson of the 70th: A bill to amend Code Section 33-21-10 of the Official Code of Georgia Annotated, relating to the responsibility of health maintenance organizations for

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the financial risks of providing services generally, so as to provide that contracts between a health maintenance organization and providers shall not include a hold harmless clause.
Referred to the Committee on Insurance.

HB 84. By Representatives Ray of the 128th, Porter of the 143rd, Jamieson of the 22nd, Jenkins of the 110th and Holland of the 157th:
A bill to amend Code Section 16-11-127.1 of the Official Code of Georgia Annotated, relating to prohibitions and criminal penalties for carrying weapons within school safety zones, at school functions, or on school property, so as to include razor blades within the definition of the term "weapon".
Referred to the Committee on Education.

HB 85. By Representatives Tolbert of the 25th, Powell of the 23rd, Graves of the 125th, Snow of the 2nd and Harbin of the 113th:
A bill to amend Code Section 40-5-64 of the Official Code of Georgia Annotated, relating to limited driving permits for certain offenders, so as to provide for limited driving permits for persons at least 18 years of age whose drivers' licenses have been revoked under subsection (a) of Code Section 405-57.1 for certain speed limit offenses.
Referred to the Committee on Motor Vehicles.

HB 86. By Representatives Jones of the 71st and Watson of the 70th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possessing a firearm, so as to require each person owning a pistol or revolver to maintain a policy of liability insurance covering damages resulting from and negligent or willful acts involving such pistol or revolver.
Referred to the Committee on Public Safety.

HB 87. By Representatives Ehrhart of the 36th, Irvin of the 45th and Evans of the 28th:
A bill to require the display of certain information on all public buildings; to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to require the display of certain information on all buildings thereof.
Referred to the Committee on State Planning & Community Affairs.

HB 88. By Representatives Powell of the 23rd and Hudson of the 156th:
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 clarify the applicability of certain criminal statutes to coin operated games or devices.
Referred to the Committee on Industry.

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HB 89. By Representatives Powell of the 23rd, Parham of the 122nd, Tolbert of the 25th and Harbin of the 113th:
A bill to amend Code Section 40-5-57.1 of the Official Code of Georgia Annotated, relating to revocation of drivers' licenses of persons under age 21 for certain offenses and issuance of new license following revocation, so as to provide that revocation for certain offenses shall occur only upon a second or subsequent conviction.
Referred to the Committee on Motor Vehicles.
HB 90. By Representatives Powell of the 23rd, Parham of the 122nd, Tolbert of the 25th and Harbin of the 113th:
A bill to amend Code Section 40-5-64 of the Official Code of Georgia Annotated, relating to limited driving permits for certain offenders, so as to provide for limited driving permits for persons at least 18 years of age whose drivers' licenses have been revoked under subsection (a) of Code Section 405-57.1 for certain speed limit offenses.
Referred to the Committee on Motor Vehicles.
HB 91. By Representatives Powell of the 23rd, Parham of the 122nd, Tolbert of the 25th and Harbin of the 113th:
A bill to amend Code Section 40-5-64 of the Official Code of Georgia Annotated, relating to limited driving permits for certain offenders, so as to provide for limited driving permits for persons at least 18 years of age whose drivers' licenses have been revoked under subsection (a) of Code Section 405-57.1 for certain speed limit offenses.
Referred to the Committee on Motor Vehicles.
HB 92. By Representatives Jenkins of the 110th, Royal of the 164th, Holland of the 157th, Heard of the 89th and Graves of the 125th:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that Georgia taxable net income of an individual taxpayer shall not include income which consists of disaster funds, assistance, or benefits received or recovered from GEMA or FEMA; to provide for a tax credit with respect to certain disaster assistance.
Referred to the Committee on Ways & Means.
HB 93. By Representatives Williams of the 114th and Heard of the 89th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to include athletic trainers within the definition of health care providers for purposes of managed health care plans; to provide for reimbursement under insurance policies for services within the scope of practice of athletic trainers.
Referred to the Committee on Insurance.
HB 94. By Representative Williams of the 114th:
A bill to amend Chapter 43 of Title 33 of the Official Code of Georgia Annotated, relating to medicare supplement insurance, so as to define certain terms; to change certain provisions relating to applicability of chapter.
Referred to the Committee on Insurance.

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HB 95. By Representatives Jenkins of the 110th, Royal of the 164th, Holland of the 157th, Heard of the 89th and Graves of the 125th:
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 an income tax credit for expenses of private driver education for minor dependent children of taxpayers.
Referred to the Committee on Ways & Means.

HB 96. By Representatives Jenkins of the 110th, Royal of the 164th, Holland of the 157th, Heard of the 89th and Graves of the 125th:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit with respect to certain disaster assistance.
Referred to the Committee on Ways & Means.

HB 97. By Representatives Jenkins of the 110th, Reichert of the 126th, Graves of the 125th, Ray of the 128th and Smith of the 109th:
A bill to amend Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to the Department of Revenue's organization, administration, and enforcement procedures, so as to provide for the collection of unpaid court fines by the Department of Revenue; to create the Office of Pine Collections within the Department of Revenue and provide for the office's administration.
Referred to the Committee on Ways & Means.

HB 98. By Representative Williams of the 114th:
A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change certain provisions relating to election and qualifications for office; to change certain provisions relating to fees; to provide for annual salary increases.
Referred to the Committee on Health & Ecology.

HB 99. By Representatives Jones of the 71st and Watson of the 70th:
A bill to amend Code Section 31-7-74.3 of the Official Code of Georgia Annotated, relating to the sale or lease of a hospital by a hospital authority, so as to provide that a hospital authority may not sell or lease real property unless a public hearing is held.
Referred to the Committee on Health & Ecology.

HB 100. By Representatives Coleman of the 142nd, Murphy of the 18th, Walker of the 141st, Buck of the 135th, Smith of the 12th and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1999, and ending June 30, 2000.
Referred to the Committee on Appropriations.

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HB 101. By Representatives Coleman of the 142nd, Murphy of the 18th, Walker of the 141st, Buck of the 135th, Smith of the 12th and others: A bill to amend an Act providing appropriations for the State Fiscal Year 1998-1999, so as to change certain appropriations for the State Fiscal Year 1998-1999.
Referred to the Committee on Appropriations.
HB 102. By Representatives Coleman of the 142nd, Murphy of the 18th, Walker of the 141st, Buck of the 135th, Smith of the 12th and others: A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1999, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein.
Referred to the Committee on Appropriations.
HB 103. By Representatives Coleman of the 142nd, Murphy of the 18th, Walker of the 141st, Buck of the 135th, Smith of the 12th and others: A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 2000, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein.
Referred to the Committee on Appropriations.
HB 104. By Representative Jones of the 71st: A bill to amend Part 3 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to the sale or distribution of harmful material to minors, so as to restrict the sale of certain sound recordings to minors.
Referred to the Committee on Special Judiciary.
HB 105. By Representative Rogers of the 20th: A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change certain definitions relating to use of force in the defense of habitations and property.
Referred to the Committee on Special Judiciary.
HB 106. By Representatives Parham of the 122nd, Stephens of the 150th, Martin of the 145th, Graves of the 125th and Parrish of the 144th: 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 listings of controlled substances and dangerous drugs.
Referred to the Committee on Health & Ecology.
HB 107. By Representatives Mosley of the 171st and Barnard of the 154th: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide conditions for the noncommercial taking of shrimp.
Referred to the Committee on Game, Fish & Parks.

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HB 108. By Representatives Mosley of the 171st and Barnard of the 154th: 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 prohibit aquifer storage or recovery.
Referred to the Committee on Natural Resources & Environment.
HB 109. By Representatives Mosley of the 171st and Barnard of the 154th: A bill to amend Code Section 27-4-130.1 of the Official Code of Georgia Annotated, relating to open seasons, creel and possession limits, and minimum and maximum size limits for certain finfish species and species groups, so as to change certain size limits for certain species; to change certain possession, creel, and size limits for certain species.
Referred to the Committee on Game, Fish & Parks.
HB 110. By Representatives Mosley of the 171st, Scarlett of the 174th and Byrd of the 170th: A bill to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from criminal prohibitions against carrying weapons in certain manners or certain places, so as to provide an exemption for certain retired district attorneys.
Referred to the Committee on Public Safety.
HB 111. By Representatives Mosley of the 171st, Byrd of the 170th and Barnard of the 154th: A bill to amend Code Section 40-2-21 of the Official Code of Georgia Annotated, relating to registration periods for motor vehicles, so as to change the definition of registration period as applied to natural persons in counties not having four-month staggered or nonstaggered registration.
Referred to the Committee on Motor Vehicles.
HB 112. By Representative Floyd of the 138th: A bill to amend Code Section 12-6-61 of the Official Code of Georgia Annotated, relating to prohibited acts relative to the conduct of forestry practices, so as to provide that such Code section shall not prohibit a person from conducting forestry practices on land he or she owns in fee simple.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 113. By Representatives Jenkins of the 110th, Randall of the 127th, Parham of the 122nd, Jamieson of the 22nd and Taylor of the 134th: 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 drivers' licenses, so as to provide for suspension of drivers' licenses of persons under age 21 convicted of certain offenses charged in connection with motor vehicle accidents.
Referred to the Committee on Motor Vehicles.
HB 114. By Representatives Mueller of the 152nd, Manning of the 32nd, Stancil of the 16th, Bordeaux of the 151st, Brooks of the 54th and others: A bill to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students, so as to provide that alternative

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school programs shall be subject to the same mandatory education and attendance requirements as public schools.
Referred to the Committee on Education.
HB 115. By Representatives Wiles of the 34th, Parsons of the 40th, Powell of the 23rd, Ehrhart of the 36th, Cooper of the 31st and others: A bill to amend Code Section 40-5-31 of the Official Code of Georgia Annotated, relating to replacement drivers' licenses or permits, so as to provide for issuance or a replacement license or permit for the period of time remaining on the original issuance.
1/14/1999
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 115. This notice is made prior to or upon reading the bill the first time.

Isl John Wiles Representative 34th District
Referred to the Committee on Motor Vehicles.
HB 116. By Representatives Massey of the 86th, Walker of the 141st, Jenkins of the 110th, Jackson of the 112th, Scott of the 165th and others:
A bill to provide for legislative findings; to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the provisions relating to the penalty for the rape of a person who is less than 12 years of age on the date of the offense and the penalty for aggravated sodomy of a person who is less than 12 years of age on the date of the offense.
Referred to the Committee on Special Judiciary.
HB 117. By Representative Bridges of the 9th:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum in elementary and secondary schools, so as to provide for the presentation of certain scientific evidence whenever any theory of the origin of humans or other living thing is taught.
Referred to the Committee on Education.

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

HB 18 HB 19 HB 25 HB 53 HB 54 HB 55 HB 56 HB 57

HB 58 HB 59 HB 60 HB 61 HB 62 HB 63 HB 64 HB 65

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HB 66 HB 67 HB 68 HB 69 HB 70 HB 71 HB 72 HB 73 HB 74

HB 75 HB 76 HB 77 HB 78 HB 79 HB 80 HB 81 HB 82 HR 28

Pursuant to Rule 52, Representative Birdsong of the 123rd moved that the following Bill of the House be engrossed:
HB 82. By Representatives Birdsong of the 123rd, Reaves of the 178th, Royal of the 164th, Skipper of the 137th and Walker of the 141st:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of electricity for the operation of an irrigation system which is used on a farm exclusively for the irrigation of farm crops.

The motion prevailed.

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

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 32 Do Pass
Respectfully submitted, /al Royal of the 164th
Chairman

By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:
HB 32. By Representative Poag of the 6th:
A bill to provide a homestead exemption from Murray 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.

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

Y Alien
Y Anderson Y Ashe Y Bailey Y Bannister

Y Barnard
Y Barnes Y Benefield Y Birdsong Y Bohannon

E Bordeaux
Y Borders Y Bridges Y Brooks Y Brown

Y Buck
Buckner Y Bulloch Y Bunn
Burkhalter

Byrd
Y Callaway Y Campbell Y Cash Y Channell

78
Childers Clark Coan Coleman, B Coleman, T Connell Cooper Cox Crawford Cummings Davis, M Davis, T Day Dean DeLoach, B DeLoach, G Dix Dixon Dodson Dukes Ehrhart Epps Evans Everett Felton Floyd Franklin Golick Graves Greene Grindley

JOURNAL OF THE HOUSE

Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall
Hegstrom
Hembree E Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H
Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L
James Y Jamieson Y Jenkins Y Jennings Y Jones E Joyce Y Kaye
Lane Y Lewis
E Lord Y Lucas

Maddox Y Mann Y Manning
Martin, J Y Martin, J.L Y Massey
McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y CWeal Y Orrock
Parham Y Parrish
Parsons Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Randall Y Ray

Reaves Reece Reed
Reese
Reichert
Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett
Scheid Scott Shanahan
Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L Smith, L.R
Smith, P Smith, T Smith, V Smyre

Y Snelling Y Snow Y Squires
Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague
Teper Tillman Tolbert Trense Turnquest Twiggs Unterman Walker, L Walker, R.L Watson
West Westmoreland Whitaker
Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

On the passage of the Bill, the ayes were 141, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following Resolution of the House was read and referred to the Committee on Rules: HR 33. By Representatives Smith of the 103rd, Brown of the 130th, Westmoreland
of the 104th and Yates of the 106th: A resolution inviting certain citizens and public officials from Coweta County and the City of Newnan, Georgia, to the state capitol and designating January 28, 1999, as Coweta County Day at the Capitol.
The Speaker announced the House in recess until 11:00 o'clock this morning.
The Speaker called the House to order.
The hour of convening the Joint Session pursuant to HR 7 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Honorable Robert Benham, Chief Justice of the Supreme Court, was called to order by the President of the Senate, Lieutenant Governor Mark Taylor.
The Resolution calling for the Joint Session was read.
The Honorable Robert Benham appeared upon the floor of the House and addressed the Joint Session. Senator Walker of the 22nd moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed. The President of the Senate, Lieutenant Governor Mark Taylor, announced the Joint Session dissolved.

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79

The Speaker called the House to order.
The following Resolutions of the House were read and adopted: HR 35. By Representatives Pinholster of the 15th and Stancil of the 16th:
A resolution commending Horace L. Richards. HR 36. By Representatives Pinholster of the 15th and Stancil of the 16th:
A resolution commending Margaret Croft Jackson. HR 37. By Representatives Pinholster of the 15th and Stancil of the 16th:
A resolution commending Robert Stubbs. HR 38. By Representative Ray of the 128th:
A resolution commending Linda Walton. HR 39. By Representative Jones of the 71st:
A resolution recognizing Sean "Puffy" Combs. HR 40. By Representative Ponder of the 160th:
A resolution commending Honorable R.T. "Bobby" Willis. HR 41. By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of
the 17th: A resolution commending Shelby Craig "Corky" Jones. HR 42. By Representatives Ponder of the 160th, Floyd of the 138th, Shaw of the 176th and O'Neal of the 75th: A resolution commending Kermit F. "K" Bates, Jr.. HR 43. By Representatives Rogers of the 20th, Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Buck of the 135th and others: A resolution expressing regret at the passing of Duvall D. Brimer. HR 44. By Representatives Snelling of the 99th, Hembree of the 98th, Murphy of the 18th, Walker of the 141st, Irvin of the 45th and others: A resolution commending Diane Jones. HR 46. By Representative Bailey of the 93rd: A resolution recognizing and commending Reverend and Mrs. Arthur H. Smith.
The following Resolution of the House was read and referred to the Committee on Rules: HR 34. By Representatives Shaw of the 176th, Borders of the 177th and Reaves of
the 178th: A resolution commending the Valdosta High School football team and inviting the team's coaches to appear before the House of Representatives.
Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed. The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia Friday, January 15, 1999

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

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

Alien Anderson
Ashe Bailey Bannister
Barnard Barnes
Benefield Birdsong Bohannon Bordeaux Bridges
Brown
Buck Buckner
Bulloch Bunn
Burkhalter Callaway Campbell
Cash Channell Childers Clark Coleman, T Connell Cooper Cox Cummings Davis, M

Davis, T Day DeLoach, B DeLoach, G Dixon Dodson Dukes Ehrhart Everett Floyd Franklin Golick Graves Greene Hammontree Harbin Harrell Heard Hegstrom Hembree E Henson Holland Houston Howard Hudgens Hudson, N Hugley Jackson, B Jackson, L

James
Jenkins
Jennings
Jones
E Joyce Kaye Lane Lewis
E Lord Mann Manning Martin, J Martin, J.L McBee McKinney Millar Mills Mobley Morris Mueller O'Neal Parham Parrish Parsons Pelote Pinholster Poag Porter Powell

Purcell Randall Ray Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Scarlett Scheid Scott Shanahan Shipp Sholar Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L Smith, L.R Smith, P Smith, T Smith, V

Smyre Snelling Snow Squires Stallings Stancil Stanley, P Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper Tillman Tolbert Trense Turnquest Walker, L Walker, R.L Watson West Westmoreland Whitaker Wiles Williams, R Wix Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Brooks of the 54th, McClinton of the 68th, Maddox of the 72nd, Heckstall of the 55th, Evans of the 28th, Ragas of the 64th, Holmes of the 53rd, Hanner of the 159th, Massey of the 86th, Coan of the 82nd, Sauder of the 29th, Sims of the 167th, Grindley of the 35th, Jamieson of the 22nd, McCall of the 90th, Irvin of the 45th, Orrock of the 56th, Ponder of the 160th, Hudson of the 120th, Twiggs of the 8th, Williams of the 83rd, Byrd of the 170th and Mosley of the 171st.
They wish to be recorded as present.
Prayer was offered by the Reverend James M. Holt, Associate Pastor, First Baptist Church, Cumming, 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.

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81

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.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 14. By Representative Kaye of the 37th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for a gradual reduction in the income tax rate for individuals over a period of years; to abolish the individual income tax and the income tax on fiduciaries and partnerships, effective for tax years beginning on and after January 1, 2007.
Referred to the Committee on Ways & Means.

HB 15. By Representatives Kaye of the 37th, Davis of the 60th, Bannister of the 77th and Wiles of the 34th:
A bill to amend Code Section 48-7-20 of the Official Code of Georgia Annotated, relating to individual income tax rates and tax tables, so as to provide for annual adjustments with respect to the taxable net income brackets applicable to individual income taxpayers.
Referred to the Committee on Ways & Means.

HB 30. By Representative Barnard of the 154th:
A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for day-care centers, so as to provide that no person may be employed at a day-care center without a satisfactory state and national fingerprint records check determination within the previous 12 months or a satisfactory state fingerprint records check determination, with continued employment contingent upon a satisfactory national fingerprint records check.
Referred to the Committee on Human Relations & Aging.

HB 118. By Representative Barnard of the 154th:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to declare offenders who are confined in state correctional institutions to be indebted to the state for the cost of incarceration in certain circumstances and for specific purposes.
Referred to the Committee on State Institutions & Property.

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HB 119. By Representatives Barnard of the 154th, DeLoach of the 172nd, Rogers of the 20th and Snow of the 2nd: A bill to amend Article 2 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the State Transportation Board, so a to change the terms of office of members of such board.
Referred to the Committee on Transportation.
HB 120. By Representatives Everett of the 163rd, Stancil of the 16th, Scheid of the 17th, Ray of the 128th, Walker of the 141st and others: A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to provide that leases shall not be considered in establishing the fair market value of real property.
Referred to the Committee on Ways & Means.
HB 121. By Representative Barnard of the 154th: A bill to amend Chapter 32 of Title 33 of the Official Code of Georgia Annotated, relating to property insurance, so as to provide for available length of terms under certain crop insurance policies providing certain coverage for tobacco crops grown in this state.
Referred to the Committee on Insurance.
HB 122. By Representatives Rogers of the 20th, Powell of the 23rd and Parham of the 122nd: A bill to amend Code Section 40-5-35 of the Official Code of Georgia Annotated, relating to reports by physicians and vision specialists and procedures when persons are found unqualified to be licensed to operate motor vehicles, so as to change certain provisions relating to regulations of the Board of Public Safety governing disqualifications for certain disorders and disabilities.
Referred to the Committee on Motor Vehicles.
HB 123. By Representative Tolbert of the 25th: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxes, so as to provide an exemption for certain sales to volunteer fire departments.
Referred to the Committee on Ways & Means.
HB 124. By Representatives Ehrhart of the 36th, Irvin of the 45th and Trense of the 44th: A bill to amend Code Section 17-2-1 of the Official Code of Georgia Annotated, relating to jurisdiction over crimes and persons charged with commission of crimes generally, so as to provide that criminal jurisdiction shall not extend to certain persons.
Referred to the Committee on Special Judiciary.
HB 125. By Representative Mosley of the 171st: A bill to amend Part 3 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of mobile

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83

homes, so a to eliminate the mobile home decal issuance and display requirements.
Referred to the Committee on Ways & Means.
HB 126. By Representative Smith of the 109th: A bill to amend Code Section 35-8-3 of the Official Code of Georgia Annotated, relating to the establishment of the Georgia Peace Officer Standards and Training Council, so as to provide for additional members of the council.
Referred to the Committee on Public Safety.
HB 127. By Representatives Tolbert of the 25th, Cash of the 108th and Scarlett of the 174th: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to authorize the reading or posting of certain writings, documents, and records without content based censorship thereof.
Referred to the Committee on Education.
HB 128. By Representatives Cooper of the 31st, Jenkins of the 110th, Poag of the 6th, Stanley of the 49th and Hammontree of the 4th:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to jails, so as to provide for the establishment of guard lines at jails and signs indicating such guard lines; to prohibit the crossing of guard lines with weapons, intoxicants, or drugs without consent of the sheriff or municipal jailer or the sheriff or municipal jailer's designated representative.
Referred to the Committee on Public Safety.
HB 129. By Representatives Mueller of the 152nd, Barnard of the 154th, DeLoach of the 172nd, Mosley of the 171st, Purcell of the 147th and others: 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 prohibit acceptance, processing, or granting of any application for a permit for any applicant who uses or proposes to use aquifer storage or recovery of surface water.
Referred to the Committee on Natural Resources & Environment.
HB 130. By Representatives James of the 140th and Tillman of the 173rd: A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide that the Department of Agriculture shall establish a dog and cat sterilization support program, educational activities in support thereof, and other animal protection and animal related programs throughout the state; to establish and provide for the expenditure of funds for such programs from a Dog and Cat Sterilization Support Fund.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 131. By Representative Everett of the 163rd: A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem taxation, so as to pro-

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vide that property used in part as post home for certain veterans' organizations shall be exempt from such taxation.
1/15/1999
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 131. This notice is made prior to or upon reading the bill the first time.

/s/ H.D. Everett Representative 163rd District
Referred to the Committee on Ways & Means.
HB 132. By Representatives Sims of the 167th, Hudson of the 156th, Snow of the 2nd, Morris of the 155th, Smith of the 19th and others:
A bill to amend Code Section 16-10-52 of the Official Code of Georgia Annotated, relating to the offense of escape, so as to change the definition of such offense to include any person who intentionally escapes from a facility housing persons convicted of crimes or violations of municipal ordinances operated by a private entity pursuant to a contract with the state, a county, or municipal corporation.
Referred to the Committee on State Institutions & Property.
HB 133. By Representatives Holmes of the 53rd, Orrock of the 56th, Brooks of the 54th, Reed of the 52nd and Mobley of the 69th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to clarify the meaning of completion of sentence for the purposes of voting after conviction of a felony of moral turpitude.
Referred to the Committee on Governmental Affairs.
HB 134. By Representatives Randall of the 127th, Lucas of the 124th, Graves of the 125th, Reichert of the 126th and Birdsong of the 123rd:
A bill to authorize the funding of a Joint Unification Study Commission created by the governing authorities of Bibb County and the City of Macon.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 135. By Representatives Smith of the 109th, Howard of the 118th, Bordeaux of the 151st, Mann of the 5th, Coan of the 82nd and others:
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 cross appeals to the appellate division of the State Board of Workers' Compensation within 30 days of the notice of award by the administrative law judge; to authorize the board to review the status of a self-insured employer after the self-insured employer has been involved in a merger or acquisition.
Referred to the Committee on Industrial Relations.

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HB 136. By Representatives Holmes of the 53rd, Teper of the 61st, Orrock of the 56th, Stuckey of the 67th, Brooks of the 54th and others:
A bill to amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to abatement of nuisances, so as to enact "The Georgia Neighborhood Protection Act".
Referred to the Committee on Judiciary.

HB 137. By Representatives Holmes of the 53rd, Brooks of the 54th, Mobley of the 69th and Orrock of the 56th:
A bill to amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence and punishment, so as to enact the "Georgia Racial Justice Act".
Referred to the Committee on Judiciary.

HB 138. By Representatives Holmes of the 53rd, Teper of the 61st, Orrock of the 56th, Stuckey of the 67th, Brooks of the 54th and others:
A bill to amend Part 1 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to sale of petroleum products and related products, so as to prescribe maximum sulfur content for motor vehicle gasoline and motor vehicle diesel fuel.
Referred to the Committee on Industry.

HB 139. By Representatives Coleman of the 142nd, Smith of the 12th, Harbin of the 113th, Stephens of the 150th, Teper of the 61st and others:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to prohibit sole-source contracting with a state agency for the purchase of goods and services unless such agency first receives a specific appropriation for such purpose.
Referred to the Committee on Appropriations.

HB 140. By Representatives Reichert of the 126th, Graves of the 125th, Jones of the 71st and Epps of the 131st:
A bill to amend Article 1 of Chapter 7 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding the sale of distilled spirits by private clubs, so as to provide for Sunday sales of other alcoholic beverages in such clubs.
Referred to the Committee on Regulated Beverages.

HB 141. By Representatives Reichert of the 126th, Tolbert of the 25th, Sholar of the 179th and Randall of the 127th:
A bill to amend Part 2 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to lighting equipment of motor vehicles, so as to change certain provisions relating to when lighted headlights are required.
Referred to the Committee on Motor Vehicles.

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HB 142. By Representatives Kaye of the 37th, Bannister of the 77th, Wiles of the 34th and Bunn of the 74th: A bill to amend Code Section 20-2-162 of the Official Code of Georgia Annotated, relating to midterm adjustments under the "Quality Basic Education Act," so as to provide for midterm adjustments relative to the program adjustment amount for training and experience.
Referred to the Committee on Education.
HB 143. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Smyre of the 136th and Smith of the 175th: A bill to amend an Act providing appropriations for the State Fiscal Year 1998-1999 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1998-1999.
Referred to the Committee on Appropriations.
HB 144. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Smyre of the 136th and Smith of the 175th: A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1999 and ending June 30, 2000.
Referred to the Committee on Appropriations.
HB 145. By Representatives Coleman of the 142nd, Murphy of the 18th, Walker of the 141st, Smyre of the 136th and Smith of the 175th: A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1999, in addition to any other appropriation heretofore or hereafter made for the operation of state government and the purposes provided for herein.
Referred to the Committee on Appropriations.
HB 146. By Representatives Golick of the 30th, Shipp of the 38th, Jones of the 71st, Parsons of the 40th and Childers of the 13th: A bill to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to provide for licensing retired physicians.
Referred to the Committee on Health & Ecology.
HB 147. By Representatives Buck of the 135th, Jamieson of the 22nd, Connell of the 115th, Ashe of the 46th and Hugley of the 133rd: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit with respect to federal qualified transportation fringe benefits.
Referred to the Committee on Ways & Means.
HB 148. By Representatives Lane of the 146th, Martin of the 145th, Purcell of the 147th, Reaves of the 178th and Morris of the 155th: A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to create the Georgia Cotton Producers Indemnity Fund of 1999.
Referred to the Committee on Agriculture & Consumer Affairs.

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HR 30. By Representatives Barnard of the 154th, DeLoach of the 172nd, Rogers of the 20th and Snow of the 2nd: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to determine by law the term of office for members of the State Transportation Board.
Referred to the Committee on Transportation.
HR 31. By Representative Westmoreland of the 104th: A resolution compensating Mr. Larry Patrick.
Referred to the Committee on Appropriations.
HR 32. By Representatives Mobley of the 69th, Hegstrom of the 66th, Pelote of the 149th, Bunn of the 74th, Ragas of the 64th and others: A resolution creating the House Study Committee on Certified Professional Midwifery.
Referred to the Committee on Rules.
HR 45. By Representative Mueller of the 152nd: A resolution creating the House Home Construction and Repair Study Committee.
Referred to the Committee on Rules.
HR 47. By Representative Birdsong of the 123rd: A resolution compensating Mr. Robert C. Stripling.
Referred to the Committee on Appropriations.

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

HB 8 HB 26 HB 83 HB 84 HB 85 HB 86
7
HR q
HB 90
TT"D ni
HB 92 HB 93 HB 94 HB 95 HB 96 HB 97 HB 98 HB 99

HB 100 HB 101 HB 102 HB 103 HB 104 HB 105 HB 106
HB 107
HB 108
xii5 109
HB 110 HB m HB 112 HB 113 HB 114 HB 115 HB 116 HB 117

Pursuant to Rule 52, Representative Wiles of the 34th moved that the following Bill of the House be engrossed:

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HB 115. By Representatives Wiles of the 34th, Parsons of the 40th, Powell of the 23rd, Ehrhart of the 36th, Cooper of the 31st and others:
A bill to amend Code Section 40-5-31 of the Official Code of Georgia Annotated, relating to replacement drivers' licenses or permits, so as to provide for issuance or a replacement license or permit for the period of time remaining on the original issuance.

The motion prevailed.

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

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 74 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman
By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:
HB 74. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A bill to amend an Act providing for the compensation of the coroner of Clarke County, so as to change the provisions regarding compensation.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 147, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
Representative Brooks of the 54th arose to a point of personal privilege and addressed the House.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 48. By Representatives Smith of the 175th and Smith of the 169th:
A resolution commending Michael A. Clements, of St Marys, Georgia, and inviting him to appear before the House of Representatives.
HR 49. By Representatives Smith of the 175th and Smith of the 169th:
A resolution congratulating James Deveneau Morrow of St. Marys, Georgia, and inviting him to appear before the House of Representatives.

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HR 50. By Representative Ponder of the 160th:
A resolution commending the Southwest Georgia Academy Warriors football team and inviting the players and coaches to appear before the House of Representatives.
HR 51. By Representatives Cooper of the 31st, Kaye of the 37th, Franklin of the 39th, Golick of the 30th, Sauder of the 29th and others:
A resolution commending George Walton Comprehensive High School and inviting Principal John Flatt and representatives of the student government to appear before the House of Representatives.
HR 52. By Representatives Teper of the 61st, Murphy of the 18th, Smyre of the 136th, Coleman of the 142nd, Walker of the 141st and others:
A resolution commending Anne Marie Eaton and inviting her to appear before the House of Representatives.
HR 53. By Representatives Stanley of the 50th, Stanley of the 49th, Murphy of the 18th, Childers of the 13th, Smyre of the 136th and others:
A resolution congratulating Daniel E. "Dan" Reeves and inviting him to appear before the House of Representatives.
HR 56. By Representatives Smith of the 175th and Smith of the 169th:
A resolution commending and congratulating Kelcy Susannah Freeman of Kingsland, Georgia, and inviting her to appear before the House of Representatives.
Pursuant to HR 8, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, January 25, 1999.

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Representative Hall, Atlanta, Georgia Monday, January 25, 1999

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

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

Anderson Ashe Bailey Bannister Barnard Barnes Benefield Birdsong E Bohannon Borders Bridges Brooks Brown Buck Buckner Bulloch Bunn Burkhalter Byrd Callaway Campbell Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell Cooper Cox Crawford Cummings

Davis, M Davis, T Dean E DeLoach, B DeLoach, G Dixon Dodson E Dukes Ehrhart Evans Everett Felton Floyd Franklin Golick Greene Grindley Hammontree Manner Harbin Harrell Heard Hegstrom Hembree Henson Holland Houston Howard Hudgens Hudson, H Hudson, N Hugley Irvin

Jackson, B Jackson, L James Jennings Joyce Kaye E Lane Lewis E Lord Lucas Maddox Mann Manning Martin, J Martin, J.L Massey McBee McClinton McKinney Millar Mills Mobley Morris Mosley Mueller O'Neal Orrock Parham Parrish Parsons Pelote Pinholster

Ponder Porter Powell Purcell Randall Ray E Reaves Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L Smith, L.R

Smith, P Smith, T Smith, V Smyre Snelling Snow Squires Stallings Stancil Stanley, P Stanley-Turner E Stokes Stuckey Taylor Teper Tillman Tblbert Trense Turnquest Twiggs Unterman Walker, L Walker, R.L Watson West Westmoreland Whitaker Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Bordeaux of the 151st, McCall of the 90th, Ragas of the 64th, Stephens of the 150th, Heckstall of the 55th, Jamieson of the 22nd, Graves of the 125th, Holmes of the 53rd, Epps of the 131st, Jenkins of the 110th, Alien of the 117th, Dix of the 76th, Jones of the 71st and Teague of the 58th.
They wish to be recorded as present.
Prayer was offered by the Reverend William H. Ricketts, Pastor, Prince Avenue Baptist Church, Athens, Georgia.
The members pledged allegiance to the flag.
Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.

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91

The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 23. By Representatives McKinney of the 51st, Buckner of the 95th, Hegstrom of the 66th, Brooks of the 54th and Davis of the 60th:
A bill to amend Code Section 40-13-53 of the Official Code of Georgia Annotated, relating to release of person arrested for traffic violation upon service of citation and complaint, so as to provide that failure to stop for a pedestrian in a crosswalk shall not be treated as a traffic violation pursuant to Code Section 40-13-60 but rather as a misdemeanor in accordance with Code Section 40-6-1.
Referred to the Committee on Public Safety.

HB 149. By Representatives Porter of the 143rd, Ray of the 128th, Floyd of the 138th, Coleman of the 142nd, Murphy of the 18th and others:
A bill to amend Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to capital outlay funds, so as to provide for legislative findings and intent; to define certain terms; to provide for low-wealth capital outlay grants to be made by the State Board of Education to local school systems.
Referred to the Committee on Education.

HB 150. By Representatives Westmoreland of the 104th, Jones of the 71st, Trense of the 44th, Cash of the 108th and Watson of the 70th:
A bill to amend Part 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, electrical, and other codes, so as to require counties and municipalities to notify permit holders of the existence of local amendments to state minimum standard codes at the time building permits are issued.
Referred to the Committee on Industry.

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HB 151. By Representatives Westmoreland of the 104th, Jones of the 71st, Brown of the 130th, Trense of the 44th, Cash of the 108th and others:
A bill to amend Code Section 8-2-26 of the Official Code of Georgia Annotated, relating to the enforcement of state minimum standard codes applicable to construction, so as to provide that registered professional engineers may conduct inspections to determine code compliance.
Referred to the Committee on Industry.
HB 152. By Representatives Westmoreland of the 104th, Jones of the 71st, Trense of the 44th, Cash of the 108th, Ragas of the 64th and others:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, so as to repeal Article 6 of said chapter, relating to documentation by home inspectors; to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide for the licensing and regulation of home inspectors.
Referred to the Committee on Industry.
HB 153. By Representatives Porter of the 143rd and Campbell of the 42nd:
A bill to amend Article 4 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts and violations of ordinances of counties and state authorities, and Code section 16-7-21 of the Official Code of Georgia Annotated, relating to the offense of criminal trespass, so as to authorize magistrate courts to impose 12 months' imprisonment for violations of county ordinances and ordinances of state authorities.
Referred to the Committee on Judiciary.
HB 154. By Representatives Westmoreland of the 104th, Jones of the 71st, Brown of the 130th, Trense of the 44th, Cash of the 108th and others:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide for the licensing and regulation of residential contractors; to provide for legislative purpose; to define certain terms; to provide for an additional Division of Residential Contractors within the State Construction Industry Licensing Board.
Referred to the Committee on Industry.
HB 155. By Representatives Coleman of the 142nd and Byrd of the 170th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court for the superior courts, so as to change the terms of court for the counties of the Oconee Judicial Circuit; to provide for a grand jury for each term of court in such circuit.
Referred to the Committee on Judiciary.
HB 156. By Representatives Felton of the 43rd, Irvin of the 45th, Burkhalter of the 41st, Trense of the 44th and Bunn of the 74th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for

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an exemption for certain sales to or by nonprofit organizations having as their primary purpose the raising of funds for books, materials, and programs for public libraries.
Referred to the Committee on Ways & Means.
HB 157. By Representatives Coleman of the 142nd, Alien of the 117th, Henson of the 65th, Williams of the 114th and Harbin of the 113th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident reparations, so as to provide for arbitration of property damage claims in cases where all motor vehicles involved in an accident are covered by a single insurer and the insurer has affirmed liability but the amount is in dispute.
Referred to the Committee on Judiciary.
HB 158. By Representatives Lucas of the 124th, Murphy of the 18th, Coleman of the 142nd, Smyre of the 136th, Skipper of the 137th and others:
A bill to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, known as the "State Properties Code," so as to change the provisions relating to the membership and organization of the State Properties Commission.
Referred to the Committee on State Institutions & Property.
HB 159. By Representatives Graves of the 125th, Williams of the 83rd, Bannister of the 77th, Jones of the 71st, Tolbert of the 25th and others: A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance generally, so as to provide for time limits for payment of claims under certain health benefit plans and provide for sanctions.
Referred to the Committee on Insurance.
HB 160. By Representatives Roberts of the 162nd and Hembree of the 98th: 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 prevent counties and cities from prohibiting businesses from locating advertising banners or portable signs on their business premises.
Referred to the Committee on State Planning & Community Affairs.
HB 161. By Representatives Royal of the 164th and Buck of the 135th:
A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide for an exemption from sales and use tax with respect to the replacement, repair, or upgrading of certain machinery and machinery components.
Referred to the Committee on Ways & Means.
HB 162. By Representative Jones of the 71st:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to provide that it shall be an unfair business practice to discriminate

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against a person based on his or her gender in the pricing of goods or services.
Referred to the Committee on Judiciary.

HB 163. By Representatives Brooks of the 54th, Mobley of the 69th, Ragas of the 64th, Stanley of the 50th and McKinney of the 51st:
A bill to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag and other flags, so as to change the design and description of the state flag.
Referred to the Committee on Rules.

HB 164. By Representatives Mueller of the 152nd and Pelote of the 149th:
A bill to amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices, so as to change the provisions relating to applications for permits; to repeal certain provisions relating to visibility of vehicle from which a speed detection device is operated.
Referred to the Committee on Motor Vehicles.

HB 165. By Representatives Mueller of the 152nd, Stephens of the 150th, Day of the 153rd, Jackson of the 148th, Pelote of the 149th and others:
A bill to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions applicable to law enforcement officers and agencies, so as to authorize a sheriff or police chief of a local law enforcement agency to designate and equip police volunteers and to provide training to such police volunteers in the area and manner of traffic control.
Referred to the Committee on Public Safety.

HB 166. By Representatives Royal of the 164th and Buck of the 135th:
A bill to amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, the "Georgia Fiscal Note Act," so as to change provisions relating to requests for and preparation of fiscal notes; to provide that fiscal notes shall be prepared by the state auditor and the Department of Audits without participation of the Office of Planning and Budget.
Referred to the Committee on Ways & Means.
HB 167. By Representatives Royal of the 164th and Buck of the 135th:
A bill to amend Part 1 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of motor vehicles and mobile homes, so as to change certain provisions regarding the value of motor vehicles to be added to the tax digest.
Referred to the Committee on Ways & Means.

HB 168. By Representatives Stephens of the 150th, Day of the 153rd, Stancil of the 16th, Martin of the 145th and Tolbert of the 25th:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to provide a

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homestead exemption to certain residents with respect to state ad valorem taxes.
Referred to the Committee on Ways & Means.
HB 169. By Representatives Stephens of the 150th, Day of the 153rd, Stancil of the 16th, Martin of the 145th and Tolbert of the 25th: A bill to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to change the increased assessed value homestead exemption for certain senior citizens whose household income does not exceed $30,000.00, so as to change the taxes to which such exemption shall be applicable.
Referred to the Committee on Ways & Means.
HB 170. By Representatives Stephens of the 150th, Day of the 153rd, Tolbert of the 25th, Graves of the 125th and Martin of the 145th: 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 alternate methods of providing notice of assessments; to provide for additional information and disclosures which must be provided to the taxpayer.
Referred to the Committee on Ways & Means.
HB 171. By Representatives Pelote of the 149th, Orrock of the 56th, Campbell of the 42nd, Trense of the 44th, Stephens of the 150th and others: A bill to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain educational programs, so as to provide that the Department of Education shall establish a course of rape prevention and personal safety; to encourage the Board of Regents of the University System of Georgia to adopt a similar course.
Referred to the Committee on Education.
HB 172. By Representatives Coleman of the 142nd, Childers of the 13th, Sinkfield of the 57th, Dixon of the 168th, Powell of the 23rd and others: A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to transfer the Division of Rehabilitation Services from the Department of Human Resources to the Department of Labor.
Referred to the Committee on Industrial Relations.
HB 173. By Representative Snow of the 2nd: A bill to amend Code Section 25-12-2 of the Official Code of Georgia Annotated, relating to the definitions applicable to the regulation of fire extin"gfuirimsh"e. rs and suppression systems, so as to change the definition of the term

Referred to the Committee on Industry.
HB 174. By Representatives Mobley of the 69th, McClinton of the 68th, Taylor of the 134th and Teague of the 58th: A bill to amend Article 6 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the Indigent Care Trust Fund, so as to provide for the deposit of certain proceeds received from the settlement of a

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certain lawsuit against tobacco companies into that fund and provide for the retention or return of such proceeds under certain conditions.
Referred to the Committee on Appropriations.
HB 175. By Representatives Buckner of the 95th, James of the 140th, McCall of the 90th and Sims of the 167th: A bill to amend Article 2 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Marketing Act of 1981," so as to require the provision of a step or steps to certain spaces that are rented or leased to a tenant, vendor, or lessee by the Department of Agriculture.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 176. By Representatives Royal of the 164th and Buck of the 135th: 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 change certain provisions regarding property ownership qualifications.
Referred to the Committee on Ways & Means.
HB 177. By Representatives Buckner of the 95th, James of the 140th and McCall of the 90th: A bill to amend Article 2 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Marketing Act of 1981," so as to require the provision of electrical service to any space that is rented or leased to a tenant, vendor, or lessee by the Department of Agriculture.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 178. By Representatives Williams of the 83rd and Bailey of the 93rd: A bill to amend Article 1 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform traffic citation and complaint form, so as to provide that under certain circumstances more than one offense may be included in a traffic citation.
Referred to the Committee on Motor Vehicles.
HB 179. By Representative Williams of the 83rd: A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the official Garden and Nature Trail of Georgia.
Referred to the Committee on Rules.
HB 180. By Representatives Williams of the 83rd, Powell of the 23rd and Westmoreland of the 104th: A bill to amend Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to the distribution, storage, and sale of natural gas, so as to enact the "Natural Gas Market Act of 1999".
Referred to the Committee on Industry.
HB 181. By Representatives Wiles of the 34th, Channell of the lllth, Grindley of the 35th and Ehrhart of the 36th: A bill to amend Code Section 16-12-171 of the Official Code of Georgia Annotated, relating to prohibited acts regarding the sale of or distribution to

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minors of cigarettes and tobacco related objects, so as to make it unlawful for any minor to possess or attempt to purchase any cigarettes or tobacco related objects.
Referred to the Committee on Special Judiciary.

HB 182. By Representatives Martin of the 47th, Teper of the 61st, Bordeaux of the 151st, Squires of the 78th, Stuckey of the 67th and others:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for the creation of the juvenile courts and their jurisdiction, administration, and expenses.
Referred to the Committee on Judiciary.
HB 183. By Representatives Twiggs of the 8th and Bridges of the 9th:
A bill to amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones and restrictions on use of motors and operation of house boats on certain lakes, so as to provide that with the exception of law enforcement or dam operation and maintenance craft, no motor in excess of 20 horsepower shall be used on any vessel being operated on Tugalo Lake.
Referred to the Committee on Game, Fish & Parks.
HB 184. By Representative Greene of the 158th:
A bill to amend an Act creating the Board of Commissioners of Randolph County, so as to change the compensation of the chairperson and other members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 185. By Representatives Hanner of the 159th, Royal of the 164th and Rogers of the 20th:
A bill to amend Chapter 13 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Underground Storage Tank Act," so as to provide additional powers of the director of the Environmental Protection Division of the Department of Natural Resources; to provide for the repayment of certain funds paid into the Underground Storage Tank Trust Fund.
Referred to the Committee on Natural Resources & Environment.
HB 186. By Representative Greene of the 158th:
A bill to amend Code Section 27-3-1 of the Official Code of Georgia Annotated, relating to the requirement of permission to hunt on lands of another and related matters, so as to provide for restrictions on hunting within 300 yards of a residential dwelling.
Referred to the Committee on Game, Fish & Parks.

HB 187. By Representatives Reaves of the 178th, Floyd of the 138th, Purcell of the 147th and James of the 140th:
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-

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vide for the entry into the compact by the State of Georgia together with all other jurisdictions legally joining in the compact.
Referred to the Committee on Agriculture & Consumer Affairs.
HE 188. By Representatives Smith of the 12th, Murphy of the 18th, Royal of the 164th, Greene of the 158th, Heard of the 89th and others: A bill to amend Chapter 3 of Title 7 of the Official Code of Georgia Annotated, relating to industrial loans, so as to move the responsibility for regulating industrial loans from the Commissioner of Insurance to the commissioner of banking and finance.
Referred to the Committee on Banks & Banking.
HB 189. By Representatives Jenkins of the 110th, Smith of the 109th, Twiggs of the 8th, Walker of the 141st, Day of the 153rd and others: A bill to amend Code Section 16-11-184 of the Official Code of Georgia Annotated, relating to regulatory authority of local political subdivisions over firearms and limitations thereon, so as to reserve to the state the right to bring certain civil actions against firearms manufacturers, trade associations, and dealers.
Referred to the Committee on Public Safety.
HB 190. By Representative Tolbert of the 25th: A bill to amend an Act entitled "An Act to create a board of county commissioners for the County of Jackson," so as to provide that the board of commissioners of Jackson County shall be composed of a chairperson and four commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 54. By Representatives Felton of the 43rd, Campbell of the 42nd, Trense of the 44th, Burkhalter of the 41st and Irvin of the 45th: A resolution amending the Rules of the House of Representatives.
Referred to the Committee on Rules.
HR 55. By Representatives Brooks of the 54th, Mobley of the 69th, Stanley of the 50th and McKinney of the 51st: A resolution reaffirming support for the principles embodied in the Universal Declaration of Human Rights.
Referred to the Committee on Human Relations & Aging.
HR 57. By Representatives Poag of the 6th and Whitaker of the 7th: A resolution designating the C. F. "Coote" Mason Highway.
Referred to the Committee on Transportation.
HR 58. By Representatives Wiles of the 34th, Bannister of the 77th, Irvin of the 45th and Ehrhart of the 36th: A resolution proposing an amendment to the Constitution so as to provide that no general bill creating or increasing any tax, fee, assessment, or charge by whatever designation that is imposed for state purposes shall be-

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come law unless such bill is approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote.
Referred to the Committee on Ways & Means.
HR 59. By Representative Williams of the 83rd: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for tax credits, tax refunds, or other relief of tax liability.
Referred to the Committee on Ways & Means.
HR 60. By Representative Manner of the 159th: A resolution compensating Ms. Jennifer A. Jones.
Referred to the Committee on Appropriations.

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

HB 14 HB 15 HB 30 HB 118 HB 119 HB 120 HB 121 HB 122

HB

123

W tinR 11/9244

HR 19K
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HB 128

HB 129

HB 130

HB 131

HB 132

HB 133

HB 134

HB 135 HB 136 HB 137 HB 138 HB 139 HB 140 HR 141 TT-D -i An

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HB HR

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144 14*

HB 146 HB 147 HB 148 HR 30 HR 31 HR 32 HR 45 HR 47

Pursuant to Rule 52, Representative Everett of the 163rd moved that the following Bill of the House be engrossed:
HB 131. By Representative Everett of the 163rd:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem taxation, so as to provide that property used in part as post home for certain veterans' organizations shall be exempt from such taxation.

The motion prevailed.

Representative Smyre of the 136th District, Chairman of the Committee on Rules, submitted the following report:

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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 24 Do Pass HR 25 Do Pass HR 34 Do Pass

HR 48 Do : HR 49 Do Pass HR 56 Do Pass

Respectfully submitted, /s/ Smyre of the 136th
Chairman

Representative Grindley of the 35th arose to a point of personal privilege and addressed the House.

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

Representative Joyce of the 1st arose to a point of personal privilege and addressed the House.

Representative Walker of the 141st arose to a point of personal privilege and addressed the House.

Representative Stanley of the 50th arose to a point of personal privilege and addressed the House.

The following Resolution of the House was read and adopted:
HR 61. By Representatives Walker of the 141st, Skipper of the 137th, Smyre of the 136th, Buck of the 135th, Smith of the 175th and others

A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Representatives and the Senate to hear a message from the Governor; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that His Excellency, Governor Roy E. Barnes, is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Wednesday, January 27, 1999, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from His Excellency, the Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker and seven from the Senate to be named by the President, be appointed to escort His Excellency, the Governor, to the hall of the House of Representatives.

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101

BE IT FURTHER RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Justices of the Supreme Court and the Judges of the Court of Appeals are hereby extended an invitation to be present at a joint session of the House of Representatives and the Senate which will be held in the hall of the House of Representatives at 10:45 A.M., Wednesday, January 27, 1999, to hear an address by His Excellency, the Governor.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to the Governor and to each Justice of the Supreme Court and each Judge of the Court of Appeals.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 24. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A resolution commending the University of Georgia women's gymnastics team on becoming the 1998 NCAA Champions and inviting the team and coaches to appear before the House of Representatives.
HR 25. By Representatives McBee of the 88th and Hudgens of the 24th:
A resolution commending Beth Shapiro on being named a Rhodes Scholar and inviting her to appear before the House of Representatives.
HR 34. By Representatives Shaw of the 176th, Borders of the 177th and Reaves of the 178th:
A resolution commending the Valdosta High School football team and inviting the team's coaches to appear before the House of Representatives.
HR 48. By Representatives Smith of the 175th and Smith of the 169th:
A resolution commending Michael A. Clements, of St Marys, Georgia, and inviting him to appear before the House of Representatives.
HR 49. By Representatives Smith of the 175th and Smith of the 169th:
A resolution congratulating James Deveneau Morrow of St. Marys, Georgia, and inviting him to appear before the House of Representatives.
HR 56. By Representatives Shaw of the 176th and Smith of the 175th:
A resolution commending and congratulating Kelcy Susannah Freeman of Kingsland, Georgia, and inviting her to appear before the House of Representatives.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 62. By Representatives Royal of the 164th and Hudson of the 156th:
A resolution inviting Barbara Spear Jenkins, the winner of the 1998 Georgia Occupational Award of Leadership, to appear before the House of Representatives.
HR 63. By Representatives Mosley of the 171st and Byrd of the 170th:
A resolution commending the Wayne County High School Lady Jackets Softball team and inviting the tejam to appear before the House of Representatives.
HR 64. By Representative Tolbert of the 25th:
A resolution commending the Town of Braselton for its appreciation of the past and preparation for its future and inviting the mayor and Town Council of Braselton to appear before the House of Representatives.

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HR 88. By Representatives Reichert of the 126th, Randall of the 127th, Birdsong of the 123rd, Ray of the 128th, Lucas of the 124th and others:
A resolution recognizing and commending the Tattnall Square Academy drama department and inviting honor students and the Drama Director Brent Young to appear before the House of Representatives.
HR 89. By Representatives Reichert of the 126th, Randall of the 127th, Birdsong of the 123rd, Ray of the 128th, Lucas of the 124th and others:
A resolution commending the Tattnall Square Academy boys football team and inviting the team and the coaches to appear before the House of Representatives.
HR 90. By Representatives Walker of the 141st, Murphy of the 18th, Reaves of the 178th, Buck of the 135th, Sims of the 167th and others:
A resolution paying tribute to the late Elmore Callaway Thrash and inviting his family to appear before the House of Representatives.
The following Resolutions of the House were read and adopted:
HR 65. By Representative Pelote of the 149th:
A resolution commending and congratulating Ms. Eloise R. Dudley.
HR 66. By Representative Everett of the 163rd:
A resolution commending the members of the Silver-Haired Legislature.
HR 67. By Representatives Cash of the 108th, Smith of the 109th and Sanders of the 107th:
A resolution commending Brandi Jean Simpson, the 1999 Henry County STAR Student.
HR 68. By Representatives Bailey of the 93rd, Brooks of the 54th, McKinney of the 51st and Sinkfield of the 57th:
A resolution recognizing the Concerned Black Citizens Coalition of Clayton County upon the occasion of the Fourteenth Annual Celebration of the Dr. Martin Luther King, Jr., national holiday.
HR 69. By Representative Murphy of the 18th:
A resolution paying tribute to Dr. Richard D. Alien and conveying sympathy to the members of his family.
HR 70. By Representatives Pelote of the 149th, Orrock of the 56th, Jackson of the 148th, Bordeaux of the 151st, Mueller of the 152nd and others:
A resolution paying tribute to Dr. John William Jamerson, Jr.
HR 71. By Representatives Stephens of the 150th, Mueller of the 152nd, Pelote of the 149th, Jackson of the 148th, Day of the 153rd and others:
A resolution expressing sympathy at the passing of the Honorable Preston B. Edwards, Jr.
HR 72. By Representative Greene of the 158th:
A resolution recognizing and commending the Watson Joiner Farm in Randolph County.
HR 73. By Representative Greene of the 158th:
A resolution recognizing and commending International Paper on its 100th anniversary.
HR 74. By Representative Pelote of the 149th:
A resolution expressing regrets at the passing of Secresta A. Roach.

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103

HR 75. By Representatives Pelote of the 149th, Mueller of the 152nd, Jackson of the 148th, Stephens of the 150th and Bordeaux of the 151st:
A resolution expressing regret at the passing of Danny Brown.
HR 76. By Representatives Lucas of the 124th, Smyre of the 136th, Porter of the 143rd and Walker of the 141st:
A resolution commending Dr. Jean DeVard-Kemp.
HR 77. By Representatives Hegstrom of the 66th, Martin of the 47th, Byrd of the 170th and Mobley of the 69th:
A resolution acknowledging the contributions of senior Georgians and recognizing Senior Week at the Capitol.
HR 78. By Representatives Royal of the 164th and Hudson of the 156th:
A resolution commending Barbara Spear Jenkins, the winner of the 1998 Georgia Occupational Award of Leadership.
HR 79. By Representative Barnard of the 154th:
A resolution commending and congratulating the Glennville Major Girls Softball Team.
HR 80. By Representatives Powell of the 23rd, Murphy of the 18th, Walker of the 141st and Hudson of the 156th:
A resolution commending Craig S. Lesser.

Representative Floyd of the 138th District, Vice-Chairman of the Committee on Agriculture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 77 Do Pass HB 78 Do Pass
Respectfully submitted, 1st Floyd of the 138th
Vice-Chairman

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 House and has instructed me to report the same back to the House with the following recommendation:
HB 145 Do Pass
Respectfully submitted, /s/ Coleman of the 142nd
Chairman

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The Speaker announced the House in recess subject to the call of the Chair. The House will convene at 10:00 o'clock the next legislative day.

TUESDAY, JANUARY 26, 1999

105

Representative Hall, Atlanta, Georgia Tuesday, January 26, 1999

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

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

Alien Anderson Ashe Bailey Bannister Barnard
Benefield Birdsong Bohannon Bordeaux Borders Bridges Brooks Brown Buck Buckner Bulloch Bunn Burkhalter Byrd Callaway Campbell Channell Childers Clark
Coan Coleman, B
Connell Cooper Crawford Cummings

Davis, M Davis, T E Day Dean DeLoach, B DeLoach, G E Dix Dixon Dodson E Dukes Ehrhart Epps
Evans Everett Felton Franklin Golick Greene Hammontree Harbin Harrell Heard Heckstall
Hegstrom Hembree
Henson Holland
Houston
Howard
Hudgens
Hudson, H

Hudson, N Hugley Irvin Jackson, B Jackson, L James Jamieson Jenkins Jennings Kaye Lewis E Lord Lucas Mann Manning Martin, J Martin, J.L McBee McCall McKinney Millar Mills Mobley Morris Mosley Mueller O'Neal Parham Parsons Pelote

Pinholster Ponder Porter Powell Purcell Ragas Ray E Reaves Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Skipper Smith, B Smith, C

Smith, C.W Smith, L Smith, L.R Smith, P Smith, T Smith, V Snelling Snow Squires Stallings Stancil Stanley, P Stanley-Turner Stuckey Taylor Teper Tillman Tolbert Trense Turnquest Unterman Walker, L Watson West Whitaker Wiles Williams, R Wix Yates Murphy, Spkr

The_ following members were off the floor of the House when the roll was called:

Representatives Barnes of the 97th, Cox of the 105th, Walker of the 87th, Poag of the 6th, Floyd of the 138th, Stokes of the 92nd, Massey of the 86th, Sinkfield of the 57th, Hanner of the 159th, Graves of the 125th, Maddox of the 72nd, Cash of the 108th, McClinton of the 68th, Grindley of the 35th, Parrish of the 144th, Jones of the 71st, Lane of the 146th, Orrock of the 56th, Holmes of the 53rd, Smyre of the 136th, Teague of the 58th, Williams of the 83rd and Twiggs of the 8th.

They wish to be recorded as present.

Prayer was offered by Dr. Henry Fields, Pastor, First Baptist Church, Toccoa, Georgia.

The members pledged allegiance to the flag.

Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

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By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 11. By Representatives Manning of the 32nd, Smith of the 12th, Trense of the
44th, Williams of the 114th, Henson of the 65th and others: A bill to amend Code Section 37-2-7 of the Official Code of Georgia Annotated, relating to the state plan for disability services, so as to provide for guidelines for planning lists for the provision of certain disability services, when such services are not available at the time of the request; to provide for guidelines for a registry of persons who have been diagnosed with certain disabilities but have not yet requested services.
Referred to the Committee on Health & Ecology.
HB 191. By Representatives Irvin of the 45th, Wiles of the 34th, Lewis of the 14th, Pinholster of the 15th, Ehrhart of the 36th and others: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for a gradual reduction in the income tax rate for individuals over a period of years; to abolish the individual income tax and the income tax on fiduciaries and partnerships, effective for tax years beginning on and after January 1, 2009.
Referred to the Committee on Ways & Means.
HB 192. By Representative James of the 140th: A bill to amend an Act creating the board of commissioners of Macon County, so as to create the office of county manager of Macon County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 193. By Representative Purcell of the 147th: A bill to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues for the County of Effingham," so as to change the compensation of the chairperson and members of such board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

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107

HB 194. By Representatives Irvin of the 45th, Pinholster of the 15th, Ehrhart of the 36th, Evans of the 28th, Mueller of the 152nd and others:
A bill to amend Article 1 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Audits and Accounts, so as to provide for performance audits and reports of budget units in state government.
Referred to the Committee on Appropriations.

HB 195. By Representatives Irvin of the 45th, Ashe of the 46th, Ehrhart of the 36th, Evans of the 28th, Mueller of the 152nd and others:
A bill to amend Article 14 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational grants, so as to provide for a program of public tuition assistance at nonpublic schools for eligible students of certain public school systems.
Referred to the Committee on Education.

HB 196. By Representatives Westmoreland of the 104th, Brown of the 130th, Smith of the 103rd and Yates of the 106th:
A bill to amend an Act creating the State Court of Coweta County, so as to change the provisions relating to the clerk of the state court and other personnel of the court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 197. By Representative Floyd of the 138th: A bill to provide for the consolidation of the existing governments of the City of Hawkinsville and Pulaski County.
Referred to the Committee oh State Planning & Community Affairs - Local.

HB 198. By Representative Parham of the 122nd:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to change the provisions relating to retirement allowances; to provide that certain members with at least 33 years of service shall be eligible to retire forthwith.
Referred to the Committee on Retirement.

HB 199. By Representative Floyd of the 138th:
A bill to amend an Act providing for the minimum compensation for certain county officers of Pulaski County, so as to change the officials to which such Act is applicable.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 200. By Representative Floyd of the 138th: A bill to repeal an Act creating the office of Commissioner of Pulaski County; to provide for a contingent effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

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HB 201. By Representative Floyd of the 138th: A bill to repeal an Act providing for a new charter for the City of Hawkinsville; to provide for a contingent effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 202. By Representative Parham of the 122nd: A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to change the provisions relating to retirement allowances; to provide that certain members with at least 31 years of service shall be eligible to retire forthwith.
Referred to the Committee on Retirement.
HB 203. By Representatives Scarlett of the 174th and Tillman of the 173rd: A bill to amend Code Section 27-2-1 of the Official Code of Georgia Annotated, relating to hunting, trapping, or fishing without a license or permit generally, so as to provide that no fishing license shall be required to fish from certain public fishing docks or piers.
Referred to the Committee on Game, Fish & Parks.
HB 204. By Representatives Wiles of the 34th, Irvin of the 45th, Ehrhart of the 36th, Lewis of the 14th, Scarlett of the 174th and others: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions with respect to income taxes, so as to provide for an income tax credit regarding certain tobacco settlement proceeds.
Referred to the Committee on Ways & Means.
HB 205. By Representative Childers of the 13th: A bill to amend Chapter 16 of Title 31 of the Official Code of Georgia Annotated, relating to care and treatment of renal disease, so as to provide for standards of certain personnel of kidney dialysis centers and prohibit operation of such centers who personnel do not meet those standards.
Referred to the Committee on Health & Ecology.
HB 206. By Representative Childers of the 13th: A bill to amend Code Section 43-26-33 of the Official Code of Georgia Annotated, relating to titles of licensed practical nurses, so as to require name tags or other identification under certain conditions.
Referred to the Committee on Health & Ecology.
HB 207. By Representative Parham of the 122nd: A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to change the provisions relating to retirement allowances; to provide that certain members with at least 32 years of service shall be eligible to retire forthwith.
Referred to the Committee on Retirement.

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109

HB 208. By Representatives Childers of the 13th and Smith of the 12th: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for a county excise tax on the severance of solid minerals.
Referred to the Committee on Ways & Means.
HB 209. By Representatives Childers of the 13th and Smith of the 12th: A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to counties and municipal corporations, so as to prohibit the commencement of certain rock quarry operations under certain circumstances.
Referred to the Committee on State Planning & Community Affairs.
HB 210. By Representatives Walker of the 141st, Parrish of the 144th, Floyd of the 138th, Stephens of the 150th and Benefield of the 96th: A bill to amend Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle sales financing, so as to provide that certain amounts will be included within the definition of "cash sale price" and may be financed; to provide that Chapter 3 of Title 7 of the Official Code of Georgia Annotated, relating to industrial loans, and Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury, shall not apply to retail installment transactions.
Referred to the Committee on Banks & Banking.
HB 211. By Representatives Walker of the 141st and Buck of the 135th: A bill to amend Article 6 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Private Colleges and Universities Authority Act," so as to change the definition of the term "institution of higher education" for purposes of said article; to thereby change the scope and operation of said article.
Referred to the Committee on Ways & Means.
HB 212. By Representatives Grindley of the 35th and Richardson of the 26th: A bill to amend Code Section 15-21-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, so as to provide for the exemption from jury duty of any person who is the primary caregiver having active care and custody of a child under six years of age.
Referred to the Committee on Judiciary.
HB 213. By Representatives Twiggs of the 8th, Walker of the 141st, Jenkins of the 110th, Coleman of the 142nd, Skipper of the 137th and others: A bill to amend Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to minors generally, so as to define the crime of computer pornography.
Referred to the Committee on Public Safety.
HB 214. By Representatives Rogers of the 20th and Tolbert of the 25th: A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident reparations, so as to prohibit insur-

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ers from requiring the use of certain parts in repairing motor vehicles as a condition of payment of a claim under a motor vehicle insurance policy.
Referred to the Committee on Insurance.
HB 215. By Representative Barnard of the 154th: A bill to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedures for persons under sentence of state courts of record, so as to remove provisions relating to state funding for a habeas corpus clerk for certain judicial circuits.
Referred to the Committee on Judiciary.
HB 216. By Representatives Randall of the 127th, Dean of the 48th and Jones of the 71st: A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the regulation of professional bondsmen and bail recovery agents; to define certain terms; to provide for the creation of the Georgia Board of Professional Bondsmen and Bail Recovery Agents.
Referred to the Committee on Special Judiciary.
HB 217. By Representatives Lucas of the 124th, Coleman of the 142nd, Walker of the 141st, Murphy of the 18th, Smyre of the 136th and others: A bill to amend Article 6 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, so as to require each state official, branch, department, board, bureau, commission, or other state agency to submit an inventory of state buildings under its jurisdiction to certain committees of the General Assembly by October 1, 1999.
Referred to the Committee on State Institutions & Property.
HB 218. By Representatives Ragas of the 64th and Martin of the 47th: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, and Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to change provisions relating to termination of parental rights when the child is not in the parent's custody.
Referred to the Committee on Judiciary.
HB 219. By Representatives Reichert of the 126th, Walker of the 141st, Skipper of the 137th and Campbell of the 42nd: A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to provide that a parent corporation may merge itself into a subsidiary corporation; to provide that such merger shall not require shareholder approval under certain conditions.
Referred to the Committee on Judiciary.
HB 220. By Representatives Massey of the 86th, Dodson of the 94th, Barnes of the 97th, Benefield of the 96th, Brown of the 130th and others: A bill to amend Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to homicide, so as to provide for the offense of murder resulting from the unlawful manufacture, delivery, distribution, dis-

TUESDAY, JANUARY 26, 1999

111

pensing, administration, or sale of any controlled substance in violation of Code Section 16-13-30.
Referred to the Committee on Special Judiciary.

HB 221. By Representatives Grindley of the 35th, Powell of the 23rd, Richardson of the 26th, Irvin of the 45th and Walker of the 141st:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to limit the liability of certain computer product suppliers that make available solutions to year 2000 computer problems.
Referred to the Committee on Judiciary.

HB 222. By Representatives Grindley of the 35th, Buck of the 135th, Irvin of the 45th, Graves of the 125th, Martin of the 145th and others:
A bill to amend Article 1 of Chapter 2 of Title 48, relating to state administrative organization relative to revenue and taxation, so as to change certain provisions relating to payments of certain moneys received by the commissioner or Department of Revenue to the Office of Treasury and Fiscal Services.
Referred to the Committee on Ways & Means.

HB 223. By Representatives Reichert of the 126th, Walker of the 141st, Wiles of the 34th, Skipper of the 137th and Campbell of the 42nd:
A bill to amend Article 11 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to merger and share exchange, so as to change the definition of the term "beneficial owner".
Referred to the Committee on Judiciary.

HB 224. By Representatives Reichert of the 126th, Walker of the 141st, Wiles of the 34th, Skipper of the 137th and Campbell of the 42nd:
A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to provide that a shareholder may by means of electronic transmission appoint a proxy to vote for him or her.
Referred to the Committee on Judiciary.

HB 225. By Representatives Reichert of the 126th, Walker of the 141st, Wiles of the 34th, Skipper of the 137th and Campbell of the 42nd:
A bill to amend Code Section 14-2-602 of the Official Code of Georgia Annotated, relating to terms of class or series of shares to be determined by a corporate board of directors, so as to allow the board of directors of a corporation, without shareholder approval, to amend the preferences, limitations, and relative rights of a series or class of preferred stock if no shares of such series or class are outstanding.
Referred to the Committee on Judiciary.

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HB 226. By Representative Trense of the 44th: A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide for the offense of sexual exploitation of children and provide for penalties therefor.
Referred to the Committee on Special Judiciary.
HB 227. By Representatives Trense of the 44th and Richardson of the 26th: A bill to amend Article 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to stalking, so as to provide for a short title; to provide for statutory construction and applicability regarding the offense of stalking.
Referred to the Committee on Special Judiciary.
HB 228. By Representatives Trense of the 44th and Richardson of the 26th: A bill to amend Article 2 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to termination of parental rights, so as to change the grounds for termination.
Referred to the Committee on Judiciary.
HB 229. By Representatives Walker of the 87th, Sinkfield of the 57th and Orrock of the 56th: A bill to amend Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, the "Housing Authorities Law," so as to prohibit eviction of certain tenants of property owned or operated by a housing authority in certain circumstances.
Referred to the Committee on Judiciary.
HB 230. By Representatives Stuckey of the 67th, Snow of the 2nd, Cooper of the 31st, Ashe of the 46th and Coleman of the 142nd: A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, the "Georgia Securities Act of 1973," and Chapters 6 and 11 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally and enforcement of the duty of support, respectively, so as to authorize the denial, suspension, denial of the renewal of, or revocation of the registration of a securities salesperson or investment adviser representative upon notice that an applicant for or a holder of such a registration is not in compliance with an order for child support.
Referred to the Committee on Judiciary.
HB 231. By Representative McCall of the 90th: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, providing exemptions from sales and use taxes, so as to exempt as industrial materials certain materials used in the quarrying and manufacturing of granite into items for sale at retail.
Referred to the Committee on Ways & Means.
HB 232. By Representatives Dixon of the 168th and Parham of the 122nd: A bill to amend Article 3 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle liens and security interests, so as to provide

TUESDAY, JANUARY 26, 1999

113

that perfection of a security interest in a vehicle of the type for which a certificate of title is required shall constitute constructive notice to mechanics.
Referred to the Committee on Motor Vehicles.

HB 233. By Representatives Dixon of the 168th and Shaw of the 176th:
A bill to amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to prohibited acts generally relating to the use of state parks, historic sites, or recreational areas, so as to change motor-boating hours at Laura S. Walker Lake.
Referred to the Committee on Game, Fish & Parks.

HB 234. By Representatives Dixon of the 168th, Parham of the 122nd, Shaw of the 176th and Yates of the 106th:
A bill to amend Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to habitual violators and probationary drivers' licenses, so as to specify the fee required for issuance of replacements for lost or destroyed probationary drivers' licenses.
Referred to the Committee on Motor Vehicles.

HB 235. By Representative Twiggs of the 8th:
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 provide that a sheriff or employee of such officer shall be authorized to store for computer retrieval any or all records, dockets, books, indices, or files and to combine or consolidate any records, dockets, books, indices, or files in connection with the maintenance of any records required by law.
Referred to the Committee on Public Safety.

HR 81. By Representatives Irvin of the 45th, Pinholster of the 15th, Ehrhart of the 36th, Evans of the 28th, Mueller of the 152nd and others:
A resolution proposing an amendment to the Constitution so as to limit the rate of growth in the state budget and provide for the deposit of certain excess revenue in an emergency account and for tax refunds of the remainder.
Referred to the Committee on Appropriations.

HR 82. By Representatives Smith of the 103rd, Benefield of the 96th, Snow of the 2nd, Parrish of the 144th, Cash of the 108th and others: A resolution creating the Joint Highway Safety Study Committee.
Referred to the Committee on Rules.

HR 83. By Representatives Rogers of the 20th and Walker of the 141st: A resolution creating the House Study Committee on Early Childhood Immunization.
Referred to the Committee on Rules.

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JOURNAL OF THE HOUSE

HR 84. By Representatives Twiggs of the 8th, Jenkins of the 110th, Coleman of the 142nd and Poag of the 6th: A resolution creating the Joint Study Committee on Local Law Enforcement Officer Salaries and Benefits.
Referred to the Committee on Rules.
HR 85. By Representatives Hegstrom of the 66th, Mobley of the 69th, Pelote of the 149th, Stuckey of the 67th, Smith of the 169th and others: A resolution urging all schools, colleges, and universities which receive public funds to change voluntarily any mascot relating to any ethnic group.
Referred to the Committee on University System of Georgia.
HR 86. By Representatives Grindley of the 35th, Powell of the 23rd, Richardson of the 26th and Irvin of the 45th: A resolution urging the Governor to take promptly certain actions to avert potential Year 2000 computer compliance problems.
Referred to the Committee on Judiciary.
HR 87. By Representatives Bannister of the 77th, Callaway of the 81st, Coan of the 82nd, Massey of the 86th, Reese of the 85th and others: A resolution creating the House Property Tax Study Committee.
Referred to the Committee on Rules.

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

HB 23 HB 149 HB 150 HB 151 HB 152 HB 153 HB 154 HB 155 HB 156 HB 157

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HB 164

HB 165

HB 166

HB 167

HB 168

HB 169

HB 170

HB 171

HB 172

HB 173 HB 174 HB 175 HB 176 HB 177 HB 178 HB 179 HB 180 HB 181 HB 182

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HB 189

HB 19

HR 54

HR 55

HR 57

HR 58

HR 59

HR 60

TUESDAY, JANUARY 26, 1999

115

Representative Birdsong of the 123rd District, Chairman of the Committee on Defense & Veterans Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Defense & Veterans Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 67 Do Pass
Respectfully submitted, /s/ Birdsong of the 123rd
Chairman
Representative Smyre of the 136th 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 29 Do Pass HR 33 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman
Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 134 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman
By unanimous consent, the following Bill of the House was taken up for consideration and read the third time: HB 134. By Representatives Randall of the 127th, Lucas of the 124th, Graves of the
125th, Reichert of the 126th and Birdsong of the 123rd: A bill to authorize the funding of a Joint Unification Study Commission created by the governing authorities of Bibb County and the City of Macon.

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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 116, 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 bill of the Senate:
SB 1. By Senators Starr of the 44th, Walker of the 22nd, Kemp of the 3rd and Hecht of the 34th:
A bill to amend Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to prosecuting attorneys, so as to provide that, subject to available funds, the district attorney in each judicial circuit shall appoint one additional assistant district attorney who shall prosecute as directed by the district attorney primarily cases involving violations of Article 2 of Chapter 13 of Title 16, known as the "Georgia Controlled Substances Act".
By unanimous consent, the following Bill of the Senate was read the first time and referred to the committee:
SB 1. By Senators Starr of the 44th, Walker of the 22nd, Kemp of the 3rd and others:
A bill to amend Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to prosecuting attorneys, so as to provide that, subject to available funds, the district attorney in each judicial circuit shall appoint one additional assistant district attorney who shall prosecute as directed by the district attorney primarily cases involving violations of Article 2 of Chapter 13 of Title 16, known as the "Georgia Controlled Substances Act".
Referred to the Committee on Judiciary.

Representative Irvin of the 45th arose to a point of personal privilege and addressed the House.
Representative Walker of the 141st arose to a point of personal privilege and addressed the House.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 29. By Representatives Reaves of the 178th, Purcell of the 147th and Floyd of the 138th:
A resolution recognizing and commending the Georgia Farm Bureau Federation and inviting its president to appear before the House of Representatives.
HR 33. By Representatives Smith of the 103rd, Brown of the 130th, Westmoreland of the 104th and Yates of the 106th:
A resolution inviting certain citizens and public officials from Coweta County and the City of Newnan, Georgia, to the state capitol and designating January 28, 1999, as Coweta County Day at the Capitol.

TUESDAY, JANUARY 26, 1999

117

The following Resolutions of the House were read and referred to the Committee on Rules:
HR 91. By Representatives Jennings of the 63rd, Felton of the 43rd, Bunn of the 74th, Harrell of the 62nd and Hegstrom of the 66th:
A resolution recognizing February 3, 1999, as "Girls and Women in Sports Day" and commending and inviting Georgia's outstanding female athletes to appear before the House of Representatives.
HR 92. By Representatives Roberts of the 162nd, Everett of the 163rd and Dukes of the 161st:
A resolution commending the Dougherty Comprehensive High School football team and inviting the team and coaches to appear before the House of Representatives.
HR 93. By Representatives Stallings of the 100th and West of the 101st:
A resolution commending the 1998 Carrollton Trojan Varsity football team and inviting them to appear before the House of Representatives.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 145. By Representatives Coleman of the 142nd, Murphy of the 18th, Walker of the 141st, Smyre of the 136th and Smith of the 175th
A BILL

To provide supplementary appropriations for the State Fiscal Year ending June 30, 1999, in addition to any other appropriation heretofore or hereafter made for the operation of state government and the purposes provided for herein: to confer certain responsibilities upon the Office of Planning and Budget; to provide an effective date; to repeal conflicting laws; and for other purposes.
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 or such State Fiscal Year, and are in addition to any other appropriations heretofore or hereafter made for the operation of state government.

Section 1. The amount of $170,000,000 is appropriated to the Office of the Governor for transfer to budget units for expenditures necessary to address the Year 2000 computer compliance issue. Further, no transfer of funds from this section to any budget unit will be made without approval of the Office of Planning and Budget either directly or by a committee or other review body designated by the Office of Planning and Budget.

Section 2. TOTAL APPROPRIATION STATE FISCAL YEAR 1999:

$170,000,000

Section 3. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the appropriation provided in the foregoing Sections of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess as determined by the Office of Planning and Budget shall cease to be an obligation of the State.

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Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Section 5. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Alien Y Anderson
Y Ashe
Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox
Crawford
Y Cummings Y Davis, M Y Davis, T

E Day Dean
Y DeLoach, B Y DeLoach, G E Dix
Y Dixon
Y Dodson E Dukes Y Ehrhart
Y Epps
Y Evans
Y Everett
Y Felton
Y Floyd
Y Franklin
Y Golick
Y Graves
Y Greene
Y Grindley
Y Hammontree
Y Hanner
Y Harbin
Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley

Y Irvin
Y Jackson, B
Y Jackson, L
Y James
Y Jamieson
Y Jenkins
Y Jennings Jones
Y Joyce Y Kaye Y Lane Y Lewis E Lord
Lord
Lucas
Y Maddox
Y Mann
Y Manning
Y Martin, J
Y Martin, J.L Y Massey Y McBee Y McCall
McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray B Reaves Y Reece Y Reed
Y Reese
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 Shipp Y Sholar Y Sims
Sinkfield Y Skipper
Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P
Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes
Y Stuckey
Y Taylor
Y Teague
Y Teper
Y Tillman
Y Tolbert
Y Trense
Y Turnquest
Twiggs
Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Win Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Representatives Jones of the 71st, Parrish of the 144th and Smith of the 91st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
HB 77. By Representatives Reaves of the 178th, McCall of the 90th and Purcell of the 147th:
A bill to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Dairy Act of 1980," so as to delete certain definitions; to repeal provisions related to imitation milk products, imitation reconstituted milk, milk or cream brokerages, milk or cream buying stations and reconstituted milk; to change references to the "Grade A Pasturized Milk Ordinance".

TUESDAY, JANUARY 26, 1999

119

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

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

Y Alien
Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard
Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch
Bunn
Y Burkhalter
Y Byrd Callaway
Y Campbell Y Cash
Y Channell
Y Childers
Y Clark Y Coan
Y Coleman, B Y Coleman, T Y Connell
Y Cooper
Y Cox Y Crawford
Y Cummings Y Davis, M

Davis, T Day Dean DeLoach, B DeLoach, G Dix Dixon Dodson Dukes Ehrhart Epps Evans Everett Felton Floyd Franklin Golick Graves Greene Grindley Hammontree Hanner Harbin Harrell Heard Heckstall Hegstrom Hembree Henson Holland Holmes Houston Howard Hudgens Hudson, H Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye
Lane Y Lewis E Lord Y Lucas Y Maddox Y Mann
Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall
McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O-Neal Y Orrock Y Parham Y Parrish Y Parsons

Pelote Pinholster Poag Ponder Porter Powell Purcell Ragas
Randall Ray Reaves Reece Reed Reese
Reichert
Rice Richardson
Roberts
Rogers Royal Sanders Sauder Scarlett
Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L

Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow Squires Stallings Stancil Stanley, P Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper Tillman Tolbert Trense Turnquest Twiggs Unterman Walker, L Walker, R.L Watson West Westmoreland Whitaker Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

On the passage of the Bill, the ayes were 160, nays 0.

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

Representatives Hudson of the 120th, Howard of the 118th, Smith of the 103rd 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.
HB 78. By Representatives Reaves of the 178th and Purcell of the 147th:
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 repeal Code Section 26-2-31, relating to repacking of flour, grits, hominy, and cornmeal.

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

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

Alien Y Anderson Y Ashe Y Bailey

Bannister Barnard Barnes Benefield

Birdsong Bohannon Bordeaux Borders

Bridges Brooks Brown Buck

Y Buckner Y Bulloch Y Bunn Y Burkhalter

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Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell
Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T E Day Y Dean Y DeLoach, B Y DeLoach, G E Dix Y Dixon Y Dodson E Dukes
Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin

Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston
Howard Y Hudgens
Hudson, H
Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye
Lane

Y Lewis E Lord
Y Lucas
Y Maddox Y Mann
Manning Y Martin, J Y Martin, J.L Y Massey Y McBee
McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas

Y Randall Y Ray E Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders
Sauder
Y Scarlett
Scheid
Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar
Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C
Y Smith, C.W
Y Smith, L Smith, L.R
Y Smith, P Smith, T
Y Smith, V

On the passage of the Bill, the ayes were 158, nays 0.

Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y leper Y Tillman Y Tolbert Y Trense Y Turnquest
Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

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

Representatives Hudson of the 120th, Howard of the 118th, Smith of the 103rd 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.

Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 39 Do Pass, by Substitute HB 53 Do Pass
Respectfully submitted, 1st Martin of the 47th
Chairman

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

Mr. Speaker:

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

TUESDAY, JANUARY 26, 1999

121

HB 33 Do Pass HB 34 Do Pass

Respectfully submitted, Isl Buck of the 135th
Chairman

The Speaker announced the House in recess subject to the call of the Chair. The House will convene at 10:00 o'clock the next legislative day.

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Representative Hall, Atlanta, Georgia Wednesday, January 27, 1999

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

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

Alien Anderson
Ashe Bailey Bannister
Barnard Barnes Benefield
Birdsong Bohannon
Borders Bridges Brooks Brown Buck Bulloch Bunn Byrd Callaway Campbell
Cash Channel! Childers Clark Coleman, B Connell Cox Crawford Cummings Davis, T

E Day Dean DeLoach, B DeLoach, G
E Dix Dixon Dodson Dukes Evans Everett Felton Floyd Franklin Golick Graves Greene Hammontree Manner Harbin Harrell Heard Hegstrom Hembree Holland Houston Howard Hudgens Hudson, N Jackson, B Jackson, L

James Jennings Kaye Lane Lewis Lord Lucas Mann Manning Martin, J Martin, J.L Massey McBee McCall McClinton Millar Mills Mobley Morris Mosley Mueller O'Neal Orrock Parham Parrish Parsons Pelote Pinholster Poag Porter

Powell Purcell Ragas Ray E Reaves Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Skipper Smith, B Smith, C Smith, C.W Smith, L

Smith, L.R Smith, P Smith, V Snelling Snow Squires Stallings Stancil Stephens Stokes Stuckey Taylor Teper Tillman Tolbert Trense Turnquest Twiggs Unterman Walker, R.L Watson West Westmoreland Whi taker Wiles Williams, R Wix Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Hugley of the 133rd, Maddox of the 72nd, Grindley of the 35th, Bordeaux of the 151st, Smyre of the 136th, Williams of the 83rd, Hudson of the 120th, Henson of the 65th, Heckstall of the 55th, Jones of the 71st, Ponder of the 160th, Buckner of the 95th, Smith of the 169th, Epps of the 131st, Irvin of the 45th, Holmes of the 53rd, Stanley-Turner of the 50th, Sinkfield of the 57th, Davis of the 60th, Ehrhart of the 36th and Jenkins of the 110th.
They wish to be recorded as present.
Prayer was offered by Dr. Derek W. McAleer, Pastor, St. Mary's United Methodist Church, St. Mary's, 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.

WEDNESDAY, JANUARY 27, 1999

123

The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 13. By Representatives Kaye of the 37th, Jones of the 71st, Joyce of the 1st,
Ragas of the 64th, Franklin of the 39th and others: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to provide for destruction of certain fingerprint records; to provide for certain disclosures; to prohibit the requirement of fingerprinting and similar identification of applicants for drivers' licenses.
Referred to the Committee on Motor Vehicles.

HB 236. By Representatives Shipp of the 38th, Parsons of the 40th, Jones of the 71st, Golick of the 30th and Sauder of the 29th:
A bill to amend Code Section 17-6-50 of the Official Code of Georgia Annotated, relating to persons deemed professional bondsmen, so as to provide for the registration of bail bondsmen and bail recovery agents; to provide for continuing education of professional bondsmen and bail recovery agents.
Referred to the Committee on Special Judiciary.

HB 237. By Representative Campbell of the 42nd:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to provide for a duty of care for certain psychologists, physicians, professional counselors, marriage and family therapists, and social workers and to provide for actions and damages for violations of that duty.
Referred to the Committee on Judiciary.

HB 238. By Representative Squires of the 78th:
A bill to amend Code Section 21-2-170 of the Official Code of Georgia Annotated, relating to nomination of candidates by petition, form of petition, limitations as to circulation and amendment, and listing of such candidate on

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JOURNAL OF THE HOUSE

ballot, so as to provide that persons notarizing petitions for write-in candidacies may not also act as circulators of such petitions.
Referred to the Committee on Governmental Affairs.

HB 239. By Representatives Lucas of the 124th, Randall of the 127th, Birdsong of the 123rd and Ray of the 128th:
A bill to amend an Act known as the "Macon Water Authority Act," so as to provide for additional purposes, powers and definitions; to provide for matters having to do with solid waste and industrial development.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 240. By Representatives Tolbert of the 25th and Rogers of the 20th:
A bill to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to provide that certain family owned farm entities shall be a qualified owner for purposes of entering into conservation use covenants.
Referred to the Committee on Ways & Means.

HB 241. By Representative Campbell of the 42nd:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to the levy and collection of certain excise taxes, so as to change a provision relating to the use of such tax for the purpose of providing a system of trails or walkways.
Referred to the Committee on Ways & Means.

HB 242. 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 misdemeanor offense of shoplifting property.
Referred to the Committee on Special Judiciary.

HB 243. By Representatives Channell of the lllth, Skipper of the 137th, Buck of the 135th, Jamieson of the 22nd and Royal of the 164th:
A bill to amend Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection, so as to provide such collection for debts owed to political subdivisions of the state.
Referred to the Committee on Ways & Means.

HB 244. By Representatives Manning of the 32nd, Shipp of the 38th, McKinney of the 51st, Grindley of the 35th and Franklin of the 39th:
A bill to amend Code Section 47-1-12 of the Official Code of Georgia Annotated, relating to investment and reinvestment of the assets of local retirement systems, so as to change the percentage of local retirement system assets which may be invested in equities under certain circumstances.
Referred to the Committee on Retirement.

WEDNESDAY, JANUARY 27, 1999

125

HB 245. By Representatives Hegstrom of the 66th, McKinney of the 51st, Mobley of the 69th and Brooks of the 54th: A bill to amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to metropolitan area planning and development commissions, so as to change the definition of the term "area plan"; to provide for certain new definitions; to provide for coordination of smart growth planning.
Referred to the Intra-Governmental Coordination.
HB 246. By Representatives Campbell of the 42nd, Trense of the 44th and Burkhalter of the 41st: A bill to amend Code Section 48-5-306 of the Official Code of Georgia Annotated, relating to notice of changes in taxpayer's return, so as to add provisions relating to the contents of such notice.
Referred to the Committee on Ways & Means.
HB 247. By Representatives Scheid of the 17th, Walker of the 141st, Irvin of the 45th, Jamieson of the 22nd, Ashe of the 46th 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 require that the comprehensive character education program developed by the State Board of Education address methods to discourage bullying.
Referred to the Committee on Education.
HB 248. By Representatives Campbell of the 42nd, Pinholster of the 15th, Ehrhart of the 36th, Evans of the 28th, Mueller of the 152nd and others: A bill to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to provide that offenders convicted of certain felonies shall not be eligible for consideration for parole or other early release for a specified time period.
Referred to the Committee on State Institutions & Property.
HB 249. By Representative Campbell of the 42nd: A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the provisions relating to the offense of rape.
Referred to the Committee on Special Judiciary.
HB 250. By Representative Campbell of the 42nd: A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to records that are not subject to public disclosure, so as to exempt from public disclosure engineers' cost estimates and rejected or deferred bid proposals received or prepared by counties or municipalities.
Referred to the Committee on Judiciary.
HB 251. By Representatives Hegstrom of the 66th, McKinney of the 51st, Mobley of the 69th and Brooks of the 54th: 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

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commissions, so as to provide for certain new definitions; to change the membership and method of selecting members of such commissions; to change the method of selection of the chairperson of the commission.
Referred to the Committee on State Planning & Community Affairs.
HB 252. By Representative Campbell of the 42nd: A bill to amend Code Section 40-5-67.1 of the Official Code of Georgia Annotated, relating to suspension of drivers' licenses for refusal to submit to chemical tests, so as to provide for termination of such suspension under certain conditions.
Referred to the Committee on Motor Vehicles.
HB 253. By Representatives Walker of the 141st, Floyd of the 138th, Ray of the 128th and Bohannon of the 139th: A bill to amend an Act creating the State Court of Houston County, so as to change the amount of compensation paid to an attorney presiding in place of the judge of the court.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 254. By Representative Campbell of the 42nd: A bill to amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, known as the "Motor Vehicle Safety Responsibility Act," so as to increase the amount of motor vehicle liability insurance that an operator of one or more taxicabs and in whose name such vehicle or vehicles are registered must maintain as evidence of security for bodily injury and property damage.
Referred to the Committee on Insurance.
HB 255. By Representatives McBee of the 88th, Cummings of the 27th, Coleman of the 80th and Shanahan of the 10th: A bill to amend Code Section 47-3-120 of the Official Code of Georgia Annotated, relating to allowance on service retirement in the Teachers Retirement System of Georgia, so as to reduce the penalty for early retirement.
Referred to the Committee on Retirement.
HB 256. By Representatives Martin of the 47th, Bordeaux of the 151st and Alien of the 117th: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for consent to admission to or discharge from a health care facility or placement or transfer to another health care facility or placement for adults unable to consent.
Referred to the Committee on Judiciary.
HB 257. By Representatives Martin of the 47th, Bordeaux of the 151st and Alien of the 117th: A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation, and Chapter 2 of Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor relations, so as to enact the Uniform Fraudulent Transfers Act.
Referred to the Committee on Judiciary.

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HB 258. By Representatives Martin of the 47th, Bordeaux of the 151st and Alien of the 117th:
A bill to amend Article 2 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to powers and duties of the Governor, so as to provide for the composition of the council which determines the capacity and cessation of the incapacity of the Commissioner of Insurance; to conform Code Section 45-12-24 to Code Section 45-12-23.
Referred to the Committee on Judiciary.
HB 259. By Representatives Randall of the 127th, Martin of the 47th, Alien of the 117th, Jones of the 71st and Smith of the 109th:
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 change provisions relating to issuance of warrants for arrest; to require probable cause; to allow issuance of a warrant based upon information from persons other than peace officers after notice and hearing.
Referred to the Committee on Special Judiciary.
HB 260. By Representatives Channell of the lllth, Parrish of the 144th, Hudson of the 120th, Powell of the 23rd and Coleman of the 142nd:
A bill to amend Part 6 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to medical scholarships, so as to change the conditions regarding loan and scholarship repayment; to change the provisions regarding signing of contracts.
Referred to the Committee on Appropriations.
HB 261. By Representatives Martin of the 47th, Bordeaux of the 151st and Alien of the 117th:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended.
Referred to the Committee on Judiciary.
HB 262. By Representatives Martin of the 47th, Bordeaux of the 151st and Alien of the 117th:
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; to correct capitalization and spelling in Title 47 of the Official Code of Georgia Annotated; to provide for other matters relative to Title 47 of the Official Code of Georgia Annotated.
Referred to the Committee on Judiciary.
HB 263. By Representatives Martin of the 47th, Bordeaux of the 151st and Alien of the 117th:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to provide for a family support registry and for duties, powers, and functions relating

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thereto; to require that certain child support order payments and income deduction order payments be redirected to or made through such registry.
Referred to the Committee on Judiciary.
HB 264. By Representatives Martin of the 47th, Bordeaux of the 151st and Alien of the 117th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated, to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated.
Referred to the Committee on Judiciary.
HB 265. By Representatives Watson of the 70th, Davis of the 60th, Walker of the 141st, Hammontree of the 4th, Crawford of the 129th and others:
A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to provide that any person who commits the offense of simple assault, simple battery, or battery against a sports official while such sports official is officiating an amateur contest or while such sports official is on or exiting the property where he or she will officiate or has completed officiating an amateur contest shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.
Referred to the Committee on Special Judiciary.
HB 266. By Representatives DeLoach of the 172nd and Holmes of the 53rd:
A bill to amend Code Section 21-2-413 of the Official Code of Georgia Annotated, relating to conduct of voters, campaigners, and others at polling places, so as to change the age of children who may accompany their parents into the enclosed space for voting and into the voting compartment or voting booth.
Referred to the Committee on Governmental Affairs.
HB 267. By Representatives Irvin of the 45th, Byrd of the 170th, Davis of the 60th, Cash of the 108th, Massey of the 86th and others:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding political subdivisions and other governmental entities, so as to reserve to the state the right to bring certain civil actions against product manufacturers and dealers except under certain conditions.
Referred to the Committee on Judiciary.
HB 268. By Representatives Westmoreland of the 104th, Crawford of the 129th, Mills of the 21st, Brown of the 130th, Campbell of the 42nd and others:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, so as to expand the jurisdiction of the juvenile court to all persons under the age of 18; to conform provisions relating to juveniles to such expansion of jurisdiction.
Referred to the Committee on Judiciary.

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HB 269. By Representatives Manning of the 32nd, Williams of the 114th, Henson of the 65th, Ashe of the 46th and Trense of the 44th:
A bill to amend Code Section 37-2-7 of the Official Code of Georgia Annotated, relating to the state plan for disability services, so as to provide for guidelines for planning lists for the provision of certain disability services, when such services are not available at the time of the request; to provide for guidelines for a registry of persons who have been diagnosed with certain disabilities but have not yet requested services.
Referred to the Committee on Health & Ecology.

HB 270. By Representatives Squires of the 78th, Martin of the 47th, Buckner of the 95th, Trense of the 44th, O'Neal of the 75th and others:
A bill to amend Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, so as to provide that a person who retains possession of a child or committed person after the expiration of a period of lawful custody shall be guilty of the offense of interference with custody.
Referred to the Committee on Judiciary.

HB 271. By Representatives Grindley of the 35th, Graves of the 125th, Childers of the 13th and Irvin of the 45th:
A bill to amend Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to physicians, physicians' assistants, and respiratory care, so as to provide for minimum prescription or refill supplies of certain medications during a certain period.
Referred to the Committee on Health & Ecology.

HB 272. By Representatives Buck of the 135th, Royal of the 164th, Coleman of the 142nd, Heard of the 89th, 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 with respect to certain low-income housing; to exclude certain capital gains income from state taxable net income.
Referred to the Committee on Ways & Means.

HB 273. By Representatives Teper of the 61st, O'Neal of the 75th, Millar of the 59th, Watson of the 70th, Stuckey of the 67th and others:
A bill to provide for the creation of one or more community improvement districts in DeKalb County and in each municipality in such county.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 274. By Representatives Teper of the 61st, O'Neal of the 75th, Millar of the 59th, Watson of the 70th, Stuckey of the 67th and others:
A bill to amend an Act known as the "DeKalb County Community Improvement District Act," so as to change the short title of the Act.
Referred to the Committee on State Planning & Community Affairs - Local.

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HB 275. By Representatives Williams of the 83rd, Irvin of the 45th, Ponder of the 160th and Hammontree of the 4th: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, so as to provide for a tax credit for certain individual taxpayers who incur the cost of tuition and books associated with courses offered by the Department of Technical and Adult Education or its contractors.
Referred to the Committee on Ways & Means.
HB 276. By Representative Williams of the 83rd: A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability insurance policies and uninsured motorist coverage, so as to raise the minimum liability coverage requirements in a two-step process.
Referred to the Committee on Insurance.
HB 277. By Representative Coleman of the 80th: A bill to provide a new charter for the City of Berkeley Lake.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 94. By Representative Campbell of the 42nd: A resolution compensating A. K. Pearson.
Referred to the Committee on Appropriations.
HR 95. By Representatives Jackson of the 112th, Harbin of the 113th and Williams of the 114th: A resolution designating the Dr. Pierce Gordon Blanchard Memorial Highway.
Referred to the Committee on Transportation.
HR 96. By Representatives Trense of the 44th, Richardson of the 26th, Bunn of the 74th, Snelling of the 99th, Smith of the 19th and others: A resolution creating the State Commission on Drug Addiction.
Referred to the Committee on Rules.
HR 97. By Representatives Hegstrom of the 66th, Mobley of the 69th, Orrock of the 56th, Stanley of the 50th, Stanley of the 49th and others: A resolution relative to an increased distribution of federal moneys out of the military budget to the several states sufficient to meet increased domestic needs.
Referred to the Committee on Appropriations.
HR 98. By Representatives Grindley of the 35th, Graves of the 125th, Childers of the 13th, Coleman of the 142nd and Irvin of the 45th: A resolution urging the pharmaceutical industry and departments and agencies of state and federal government to take promptly certain actions to avert certain potential effects of Year 2000 computer compliance problems.
Referred to the Committee on Judiciary.

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

HB 11 HB 191 HB 192 HB 193 HB 194 HB 195 HB 196 HB 197 HB 198 HB 199 HB 200 HB 201 HB 202 HB 203 HB 204 HB 205 HB 206 HB 207 HB 208 HB 209 HB 210 HB 211 HB 212 HB 213 HB 214 HB 215 HB 216

HB 217 HB 218 HB 219 HB 220 HB 221 HB 222 HB 223 HB 224 HB 225 HB 226 HB 227 HB 228 HB 229 HB 230 HB 231 HB 232 HB 233 HB 234 HB 235 HR 81 HR 82 HR 83 HR 84 HR 85 HR 86 HR 87 SB 1

Representative Smyre of the 136th 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 52 Do Pass
Respectfully submitted, /a/ Smyre of the 136th
Chairman

Representative Lucas of the 124th 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 House and has instructed me to report the same back to the House with the following recommendation:
HB 158 Do Pass

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Respectfully submitted, /s/ Lucas of the 124th
Chairman
Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 184 Do Pass HB 190 Do Pass, by Substitute
Respectfully submitted, /s/ Royal of the 164th
Chairman

Representative Benefield of the 96th District, Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:
Your Committee on Transportation has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 57 Do Pass
Respectfully submitted, /s/ Benefield of the 96th
Chairman
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: HB 184. By Representative Greene of the 158th:
A bill to amend an Act creating the Board of Commissioners of Randolph County, so as to change the compensation of the chairperson and other members of the board of commissioners.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 8.
The Bill, having received the requisite constitutional majority, was passed. HB 190. By Representative Tolbert of the 25th:
A bill to amend an Act entitled "An Act to create a board of county commissioners for the County of Jackson," so as to provide that the board of commissioners of Jackson County shall be composed of a chairperson and four commissioners.
The following Committee substitute was read and adopted:

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A BILL
To amend an Act entitled "An Act to create a board of county commissioners for the county of Jackson," approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, particularly by an Act approved August 17, 1903 (Ga. L. 1903, p. 339), so as to provide that the board of commissioners of Jackson County shall be composed of a chairperson and four commissioners; to provide that the chairperson shall be elected from the county at large; to provide that the commissioners shall each reside in and be elected from one of four districts; to provide for districts; to provide for elections; to provide for a county manager and the powers, duties, and compensation thereof; to amend an Act creating the office of tax commissioner of Jackson County, placing the clerk of the superior court, the sheriff, the judge of the probate court, and the tax commissioner on a salary basis of compensation and providing for the compensation of the chairperson and members of the Board of Commissioners of Jackson County, approved March 21, 1968 (Ga. L. 1968, p. 2536), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4200), so as to change the compensation of the chairperson and other members of the board of commissioners; to provide for submission of this Act for approval by the United States Attorney General; to provide for related matters; to provide for a referendum at a special election called for the purpose; 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.
An Act entitled "An Act to create a board of county commissioners for the county of Jackson," approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, particularly by an Act approved August 17, 1903 (Ga. L. 1903, p. 339), is amended by striking in its entirety Section 1 and inserting in lieu thereof the following:
"SECTION 1.
(a) For purposes of electing members of the board of commissioners, Jackson County shall be divided into four commissioner districts as described in the description of the commissioner districts of Jackson County attached to this Act and made a part hereof and further identified as 'Operator: local Client: Jackson Plan: jack99p2'.
(b) The board of commissioners of Jackson County shall consist of a chairperson and four commissioners to be elected by a majority of the votes cast in elections held for that purpose. All such elections shall be held and conducted as provided in Title 21 of the O.C.G.A., the 'Georgia Election Code.' At the time of qualifying, each candidate for the office of commissioner shall designate which of the four commissioner districts provided in subsection (a) of this section he or she seeks to represent. Each commissioner shall reside in the district he or she represents or seeks to represent both at the time of qualifying and throughout his or her term of office and shall be elected by a majority of votes cast for that office in that district. The chairperson shall reside in the county both at the time of qualifying and throughout his or her term of office and shall be elected by a majority of votes cast for that position in the county at large. The chairperson and commissioners shall serve on a part-time basis. At the general election held in November of 2000, the chairperson and commissioners representing all commissioner districts shall be elected. The chairperson and commissioners representing Commissioner Districts One and Two shall take office at the first regular meeting held in the year following their election and shall serve terms of four years and until their successors are duly elected and qualified. The commissioners representing Commissioner Districts Three and Four shall take office at the first regular meeting held in the year following their election and shall serve initial terms of two years until their successors are duly elected and qualified, but their successors shall serve terms of four years until their successors are duly elected and qualified.

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(c)(l) In the event a vacancy occurs in the office of any member of said board when more than six months remain before the expiration of the term of office, it shall be the duty of the election superintendent of Jackson County, within 15 days after such vacancy occurs, to issue the call for a special election for the purpose of filling such vacancy for the unexpired term. Any such special election shall be governed by the provisions of Title 21 of the O.C.G.A., the 'Georgia Election Code.' In the event a vacancy occurs in the office of any member of said board when six months or less remain before the expiration of the term of office, such vacancy shall not be filled, and the remaining members of the board of commissioners shall constitute the governing authority of Jackson County until a successor is elected at the next general election. In the event all positions on the board of commissioners become vacant for any reason, the judge of the Probate Court of Jackson County shall serve as the governing authority of Jackson County until such vacancies are filled by special election or until new members are elected at the general election as provided in this Act.
(2) In addition to any other events creating a vacancy on the board of commissioners, the office of a member of the board shall be immediately vacated if the member moves his or her residence from the district which he or she was elected to represent.
(d) The board of commissioners shall employ a county manager having at least a bachelor's degree in public administration or a related field or at least five years' experience as a county manager. The county manager shall serve at the pleasure of the board of commissioners, shall receive such salary as determined by the board of commissioners, shall not be an elected official of any county or municipality, and shall have the following duties, powers, and authority:
(1) To supervise the administration of the affairs of the county and to see that the ordinances, resolutions, and regulations of the board of commissioners and the laws of the state are faithfully executed and enforced;
(2) To employ and remove all department heads of the county under the jurisdiction of the board of commissioners and staff employees of the county manager, pursuant to policies established by the board, except for the county attorney, county auditor, and members of all the boards, commissions, and authorities who shall be appointed and removed by the board of commissioners pursuant to law or county ordinance;
(3) To exercise managerial authority and supervision over the county manager's staff and all department heads under the jurisdiction of the board of commissioners;
(4) To require reports from heads of departments and other employees entrusted with administrative duties or exercising discretion. The county manager shall have at all times the authority to examine all books and records of every officer and department of the county under the jurisdiction of the board of commissioners;
(5) To attend all meetings of the board of commissioners with a right to take part in the discussions but having no vote and to prepare an agenda of both new and unresolved business for each meeting;
(6) To recommend to the board of commissioners for adoption such measures as the county manager may deem necessary or expedient;
(7) To supervise the performance of all contracts made by any person, company, or corporation with the county for work done for the board of commissioners;

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(8) To submit to the board of commissioners for approval, prior to July 31 of each year, a proposed operating budget for the next fiscal year showing budget revenues and expenditures during the preceding fiscal year; appropriations and estimated revenue and recommended expenditures for the next fiscal year; recommended salaries; proposed capital expenditures; recommended tax levies; and such other information and data as may be considered necessary by the board of commissioners;

(9) To keep the board of commissioners fully advised as to the financial condition and needs of the county;

(10) To make or cause to be made a full written report to the board of commissioners each month showing the operations and expenditures of each department of the county government for the preceding month;

(11) To serve as or designate a personnel director in the supervision and administration of the county's personnel system for county employees;

(12) To delegate purely administrative duties to department heads or subordinates in the county government whose work the county manager shall supervise and direct; provided, however, that the delegation or assignment of duties to subordinates shall not relieve the county manager from responsibility for administration of county affairs;

(13) To act as the clerk of the Board of Commissioners of Jackson County with the authority to delegate the administrative duties of such position;

(14) To perform such other duties as may be prescribed by this Act or as may, from time to time, be required by the board of commissioners; and

(15) To cooperate with elected and appointed county officers in management of the county's affairs."

SECTION 1A.

An Act creating the office of tax commissioner of Jackson County, placing the clerk of the superior court, the sheriff, the judge of the probate court, and the tax commissioner on a salary basis of compensation and providing for the compensation of the chairperson and members of the Board of Commissioners of Jackson County, approved March 21, 1968 (Ga. L. 1968, p. 2536), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4200), is amended by striking Section 14 in its entirety and inserting in lieu thereof a new Section 14 to read as follows:
"SECTION 14.
The chairperson of the Board of Commissioners of Jackson County shall receive an annual salary of $15,000.00. Said salary shall be paid in equal monthly installments from the funds of Jackson County. The members of the Board of Commissioners of Jackson County, other than the chairperson, shall each receive a salary of $10,000.00 per annum, payable in equal monthly installments from the funds of Jackson County. The members of the board of commissioners, other than the chairperson, shall be reimbursed for their actual and necessary travel expenses for travel which has been approved in advance, in writing, by the chairperson of the board of commissioners, upon presentation of a signed voucher setting forth the expenses incurred in such travel."

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SECTION 2.
It shall be the duty of the governing authority of Jackson County to require the attorney therefor to submit this Act, pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, to the United States Attorney General for approval.

SECTION 3.

Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Jackson County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Jackson County for approval or rejection. The election superintendent shall conduct this election on the date provided by law for the conduct of special election in November, 1999. The election superintendent shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Jackson County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides for a county manager and changes the governing authority of Jackson County to a five-member board of commissioners to be composed of a chairperson to be elected at large and four commissioners residing in specified commissioner districts and elected from those districts and which provides for the compensation 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, then Sections 1 and 1A of this Act shall become effective on January 1, 2001, except that the provisions of Section 1 necessary for election of members of the board in the year 2000 shall become effective January 1, 2000. If the Act is not so approved or if the election is not conducted as provided in this section, this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.

The expense of such election shall be borne by Jackson County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 4.
Except as otherwise provided in Section 3 of this Act, 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.

District No. 1 JACKSON Tract: 0102. Block: 125, 133, 143, 145, 146, 147, 148, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177A, 177B, 186, 192, 193, 194, 195, 196, 197 Tract: 0106. Block: 206, 207, 208A, 208B, 209, 210, 211, 212, 213, 214A, 214C, 214D, 214E, 214F, 214G, 214H, 214J, 214K, 214L, 214M, 214N, 214P, 214R, 214T, 215A, 215B, 216, 217, 218, 219, 220, 221A, 221B, 222, 223, 224, 263, 264, 265A, 265B, 303A, 304, 305A, 305B, 305C, 306A, 306B, 306C, 306D, 307, 308A, 309A, 309B, 312, 313, 357, 358 Tract: 0107. Block: 101, 102, 103, 104, 105A, 105B, 105C, 105D, 105E, 106, 107, 108A, 108B, 108C, 108D, 109A, 109B, 109C, 109D, 109E, 109F, 110, 111A, 111B, 111C, HID, HIE, 111F, 111G, 111H, 112, 113A, 113B, 113C, 114, 115, 116,

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117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 126B, 126C, 127, 128A, 128B, 128C, 128D, 128E, 129A, 129B, 130A, 130B, 130C, 137A, 137B, 138A, 138B, 138C, 138D, 138E, 138F, 138G, 138H, 138J, 138K, 138L, 138M, 138N, 138P, 138R, 140, 142A, 142B, 143, 144A, 144B, 144C, 144D, 144E, 144F, 144G, 144H, 145A, 145B, 145C, 146, 147, 148A, 148B, 149, 150, 151, 152, 153, 154A, 154B, 155A, 155B, 155C, 156A, 156B, 156C, 156D, 156E, 156F, 156G, 157A, 157B, 157C, 157D, 158, 159, 160, 161A, 161B, 161C, 162A, 162B, 162C, 162D, 162E, 162F, 162G, 162H, 162J, 162K, 162L, 162M, 162N, 163, 164A, 164B, 165, 166A, 166B, 166C, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190A, 190B, 190C, 190D, 190E, 190F, 191, 192A, 192B, 192C, 192D, 192E, 192F, 192G, 192H, 192J, 193A, 193B, 194A, 194B, 195A, 195B, 195C, 196A, 196B, 196C, 196D, 196E, 196F, 197 Block Group: 2 Block Group: 3 Block: 401, 402, 403, 404A, 404B, 405A, 405B, 405C, 405D, 405E, 405F, 405G, 406A, 406B, 406C, 406D, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452
District No. 2 JACKSON Tract: 0102. Block: 101A, 101B, 101C, 101D, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112A, 112B, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 149A, 149B, 150, 151, 152, 153, 154, 155, 156, 157A, 157B, 158, 159, 160, 161, 162, 163 Tract: 0103. Tract: 0104.
District No. 3 JACKSON Tract: 0101. Tract: 0102. Block: 126, 127, 128, 129, 130, 131, 132, 134, 135, 136, 137, 138, 139, 140, 141, 142, 144, 178A, 178B, 178C, 178D, 179, 180, 181, 182, 183, 184, 185, 187, 188, 189A, 189B, 190A, 190B, 190C, 191 Tract: 0107. Block: 131A, 131B, 131C, 132, 133A, 133B, 133C, 133D, 133E, 134A, 134B, Block: 134C, 134D, 134E, 135A, 135B, 136, 139, 141, 420, 421, 422, 423, 434, 435, 436, 437
District No. 4 JACKSON Tract: 0105. Tract: 0106. Block: 201, 202, 203, 204, 205, 214B, 214U, 214V, 214W, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 301, 302, 303B, 303C, 303D, 303E, 303F, 303G, 308B, 310, 311, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356
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 91, nays 8.

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

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 61. By Representatives Walker of the 141st, Skipper of the 137th, Smyre of the 136th and others:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Representatives and the Senate to hear a message from the Governor.

The President has appointed as a Committee of Escort on the part of the Senate the following: Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd, Polak of the 42nd, Dean of the 31st, Walker of the 22nd and Egan of the 40th.

Representative Kaye of the 37th arose to a point of personal privilege and addressed the House.

The Speaker Pro Tern assumed the Chair.

Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 67. By Representatives Birdsong of the 123rd, Roberts of the 162nd, Sims of the 167th, Squires of the 78th, Poag of the 6th and others:
A bill to amend Code Section 15-6-72 of the Official Code of Georgia Annotated, relating to record_ation and index of military discharges by the clerk of superior court, so as to provide that a veteran may submit certain other information to the clerk of the superior court for recordation.

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

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

Y Alien Anderson
Y Ashe Bailey
Y Bannister Y Barnard Y Barnes
Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn
Burkhalter Y Byrd

Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T
Connell Cooper
Y Cox Y Crawford Y Cummings
Davis, M Y Davis, T E Day
Dean Y DeLoach, B Y DeLoach, G E Dix

Y Dixon Y Dodson Y Dukes Y Ehrhart
Epps Evans Y Everett Y Felton Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom

Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard
Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones
Joyce Y Kaye Y Lane

Y Lewis Y Lord Y Lucas
Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee
McCall McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller OTfeal Y Orrock

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139

Parham
Parrish Parsons
Pelote
Pinholster Poag
Ponder Porter Powell Purcell Ragas Randall Ray Reaves Reece

Y Reed
Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw

Y Shipp Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P
Smith, T Y Smith, V Y Smyre Y Snelling

Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P
Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense

On the passage of the Bill, the ayes were 153, nays 0.

Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

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

Representative Davis of the 60th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 34. By Representatives Royal of the 164th and Buck of the 135th:
A bill to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to ad valorem taxation of bona fide conservation use property, so as to provide for additional types of qualified owners.

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

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

Y Alien Anderson
Y Ashe Bailey
Y Bannister Y Barnard Y Barnes
Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn
Burkhalter
Y Byrd Y Callaway Y Campbell Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T
Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T E Day Y Dean Y DeLoach, B Y DeLoach, G E Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps
Evans Y Everett Y Felton
Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones
Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall
McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller
O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Pelote Pinholster Poag Ponder Porter Powell Purcell Ragas Randall Ray Reaves Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P
Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix
Yates Murphy, Spkr

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On the passage of the Bill, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The Speaker assumed the Chair.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 52. By Representatives Teper of the 61st, Murphy of the 18th, Smyre of the
136th, Coleman of the 142nd, Walker of the 141st and others: A resolution commending Anne Marie Eaton and inviting her to appear before the House of Representatives.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Special Judiciary and referred to the Committee on Judiciary: HB 226. By Representative Trense of the 44th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide for the offense of sexual exploitation of children and provide for penalties therefor.
The Speaker announced the House in recess until 11:00 o'clock this morning.
The Speaker called the House to order.
The hour of convening the Joint Session pursuant to HR 61 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Governor, was called to order by the President of the Senate, Lieutenant Governor Mark Taylor.
The Resolution calling for the Joint Session was read.
Accompanied by the Committee of Escort and other distinguished guests, His Excellency, Governor Roy E. Barnes, appeared upon the floor of the House and delivered the following address:
Lieutenant Governor Taylor, Speaker Murphy, Members of the General Assembly, Justices of the Supreme Court, Judges of the Court of Appeals, Members of the Consular Corps, other honored guests, my fellow Georgians. I return to this beautiful place, in the process of being restored to its former grandeur, with respect and fond memories. For I have spent most of my adult life in these chambers of the General Assembly. In the 24 years since I first arrived as a young, idealistic member, I have witnessed history and maybe participated in some of it. But, most of all, I have seen the changes that make Georgia the State she is today. It is here where I first listened to the debate over whether it was wise for Georgia children to have the advantages of kindergarten and then pre-K. It was here I heard the debate over a new Constitution for a changing Georgia. It was here where I first participated in the debate over how, and if, we should re-examine the way we educate our children and institute Quality Basic Education. And it was here where I watched Georgia transform from a sleepy, backwater state into the fastest growing state in the South the third fastest in the nation.

WEDNESDAY, JANUARY 27, 1999

141

And, yes, it was also here where I saw the arrival of a political species previously unknown to us Republicans.
Georgia is a great state today because of all of these changes.
My message to you is that if we are to continue in our growth, we must continue in our change.
Today, we must re-examine our long held beliefs and ideas if they do not meet our modern needs, it is our duty to cast them aside.
We must plan not for next year's election, but for the next century's progress. For if we fail, if we are divided by our partisan differences and refuse to meet our new challenges head on, we will compromise our future as well as our children's.
First and foremost I must say the State of our State is strong]
Our economy is growing and we have cut our welfare rolls by almost 50 percent.
Thanks to HOPE Scholarships, more of our high school graduates are going on to college.
And more of our children are receiving the advantages of pre-K than ever before.
Today, Georgia is a leader. Not just the Capital of the New South, but soon to be a Capital for the New Century.
Today, Georgia stands on the threshold of a remarkable future. It is an awesome time in the history of our state. And those of you in this room today, those of you who have a deep and abiding commitment to our State, you have the ability to bring that brilliant future home.
You have the ability to build a bridge from here to there, from this century to the next, and to take this state from a mere flash in the pan to one that is rock steady and ready for any challenge.
But just as we are experiencing our greatest economic boom ever, we're also experiencing one of our worst periods of public disillusionment. I spent all of last year traveling this state, and I'm here to tell you that the people of our state are frustrated.
The people have lost faith in politicians because politicians have stopped listening.
What I heard people say last November was this: "I want someone to stand up for me and deal with the problems that affect my life. Someone who'll stop the bickering and put our problems ahead of partisan politics."
I heard people say they want our train of progress to continue, but they want it to stop at places that have, for far too long, missed out.
Places like Albany that are struggling to rebuild their downtown.
Places like Brunswick that are trying to create new jobs by increasing international trade.
Places like South Atlanta and South DeKalb that are trying to wipe out urban blight by attracting new business and industry.
Places all across this state that badly need new roads to connect them to economic prosperity.
We need federal transportation dollars to keep flowing into our state. And the people of Georgia expect us to make sure that it happens.
But instead of dealing with our transportation and pollution problems, agencies and governments have for far too long passed the buck, and we are about to lose more than 900 million federal dollars this year almost 5 billion dollars in the years to come.
Well, today I am here to say the buck stops here.
Either we do something to solve our problems or every developmental highway, every road improvement project, every bridge, tunnel or passing lane you ever promised for your communities is coming to a screeching halt.

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Either you help me do something now or this boomtown known as Atlanta becomes a ghost town. And if our growth stops here, it stops everywhere in the state.
Everybody wants to blame somebody, but the honest, decent thing is just to tell the truth. We're all to blame. We all must shoulder a part of the responsibility for the mess we've gotten ourselves into.
It's time to stop pointing fingers and start doing something.
If we fail to confront this problem, the economic engine driving our state will stall.
If we fail to confront this problem, the wealth of jobs we hope to create for our new graduates will dry up. If we fail to confront this problem, our quality of life, our air and water quality, our very ability to get to and from our homes will change for the worse.
Earlier this week, I released the details of how I hope a new state agency will work. It will co-ordinate and resolve differences in the planning of transportation in the 13 counties around Atlanta. It will also have the power to operate a mass transit system.
All major developments within the metro area that create increased traffic and increased sprawl will be subject to the agency's approval.
At the same time, I have been sensitive to the concerns of local governments and other agencies by requiring a supermajority vote for most actions. Furthermore, I have allowed local governments to overrule the authority in certain circumstances.
By building checks and balances into the process, I believe we create new incentives for governments and agencies to work with each other to solve our common problems. I believe this plan ensures that one voice will not dominate the process. And I also believe this plan ensures that no one voice, or one set of interests, will stand in the way of progress.
I have drawn on all of my experiences over the years working with you and with the people of our state to draft this legislation. I know it's not perfect, but it's the best I know how to do. So before you or anyone else makes a rush to judgement, consider the alternatives.
And remember, if you know of any magic wand out there that can wipe away our air and transportation problems, drop it off at the Governor's Office I've got several other thorny issues I need help on.
As I criss-crossed the state listening to people's problems last year, I also heard thousands of people say it's time to do something about health care.
For far too long, insurance bureaucrats have gotten between patients and their doctors.
This must end.
Just as many Georgia families have watched their choice in doctors rapidly decrease, the cost of insurance for many individuals and small businesses struggling to make it has gone through the roof.
In some cases, they are denied coverage altogether.
This also must end.
And, for far too long, many families have been left in the dark about crucial issues that affect their health.
Patients and their families have the right to know why they have been refused medical care, and they have the right to know when doctors have been forbidden to discuss certain treatment options.
Another reoccurring story I heard last year was that treatment is often delayed because patients are forced to wait for decisions coming from insurance bureaucrats. These delays have resulted in increased injury, sickness and death.
This must end, too.
These stories I heard are not isolated incidents. This can happen to you, to me, and to our families.

WEDNESDAY, JANUARY 27, 1999

143

The problem of getting good health care at a fair price is one that each of us faces every day.
That's why I have proposed the creation of an Insurance Consumer Advocate to tackle the problems of high insurance rates. The people of Georgia are entitled to have their own spokesperson who will once and for all represent only their interests and not the interests of the insurance companies.
I will also introduce legislation to reign in the worst excesses of HMOs and managed care.
The time has come to draw a line in the sand. A line that, for the first time in this state, clearly defines a patient's bill of rights. A line that puts the HMOs on notice. A line that clearly tells insurance lobbyists that we will honor every Georgian's right to choose his or her own doctor.
From the first colonists to land on these shores, freedom of choice has been a part of our heritage. It is ingrained in our history and, soon, I hope, it will even apply to insurance companies.
So let me say again, we are here to do the work of the people, to help solve their problems. We are not here to look after the lobbyists who walk these halls and corridors. We are not here to cater to lobbyists who, right now, are waiting for ,you to come out of this chamber. Who are going to try and tell you how everyone's rates are going up because of this plan, how businesses will be forced to drop policies, even how the sky is going to fall and famine and pestilence will be our fate.
Don't believe them. You know they're not telling you the truth. That's what they're paid to say. Beware of their eel-skinned brief cases and alligator shoes. It's their job to scare us. It's their job to divide us. It's their job to put a wedge between us and what the people want and demand - and need.
I know we can do this without raising rates. And I know the people want us to do it, and do it now.
When it conies to delivering good care at a fair price, state government should provide an example to the private sector.
That's why I have a proposal that I will send to the General Assembly to improve the way state government delivers health care by taking all the state agencies that are currently delivering health services and bringing them together.
The way we currently deliver health care just doesn't make good sense.
For example, over in the Department of Medical Assistance, we have administrators and bureaucrats providing Medicaid for some 1.2 million low-income residents over in the State Health Planning Agency we have folks making decisions about the size and scope of our he;alth care facilities and then, we also have two more agencies running health benefits lor state employees.
What this has created is a mountain of cost and confusion. Each of these departments has a different set of administrators, a different set of agendas. By bringing this all under one roof we will save money and inspire confidence.
Creating a single Department of Community Health in state government will give us the ability to maximize purchasing power. State government is already Georgia's largest purchaser of health care, covering over 26 percent of our state population. It is time to use this financial buying power to save our taxpayers money.
But we have never attempted to coordinate our health care purchases to leverage cost savings. In other words, we don't know how to buy in bulk.
This new agency will also minimize duplication and maximize administrative efficiency cut out red tape and streamline programs.
If we truly want to restore trust and confidence in our government, we must be above reproach. That's why two weeks ago I signed an order barring my staff and the execu-

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tive branch from receiving gifts especially from lobbyists and other people who do business with the state.
And this week, I am proposing legislation to strengthen our Open Records laws to make public access to our public records surer, faster, and more comprehensive.
As more government functions have been privatized, more and more records have been removed from the Open Records Act because they are now records of private entities.
In other words, one of the unintended side effects of privatization has been making government less open.
My proposal will remedy that.
It will prevent government employees from using excuses and unreasonable delays to circumvent our law.
And, perhaps most important of all, it will put real teeth in the Open Records Act by providing criminal penalties for knowing and willful violations.
We must be willing to change the way we do business if we hope to live up to the responsibilities that go along with being public servants.
What I am proposing this year are not lofty concepts far removed from the daily struggles of ordinary Georgians.
They are proposals that directly effect the lives of the people we serve.
That is why two weeks ago, during my Budget Address, I asked for your help in giving Georgia residents a much-needed tax break, an 83 million dollar property tax cut that will help young and old alike realize the dream of home ownership.
Each one of us here today plays an important role in restoring trust and confidence in our political system. The people of Georgia want leaders they can trust, leaders they can admire, leaders who can serve as role models for their children.
We can be those examples. More importantly, we must be those examples.
And the best way for us to do that is to give the people of our state the tools they want and need for a prosperous future.
Whether it's improving education, reducing pollution, creating equal, economic opportunity or making health care fair and accessible, we must get a better grasp of the problems facing our state and begin to find the solutions that will make us great in the 21st century.
We have much to do in the next 32 days let's get to it.

Senator Walker of the 22nd moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.
The President of the Senate, Lieutenant Governor Mark Taylor, announced the Joint Session dissolved.

The Speaker called the House to order.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 99. By Representatives Teague of the 58th, Powell of the 23rd, Sm;yre of the 136th, Dukes of the 161st, DeLoach of the 172nd and others:
A resolution proclaiming the second Thursday in February, as "African American Business Enterprise Day" and inviting the Georgia Summit of African-American Business Organizations to appear before the House of Representatives.

WEDNESDAY, JANUARY 27, 1999

145

HR 100. By Representatives Purcell of the 147th and Murphy of the 18th: A resolution commending the 4-H Clubs of Georgia, recognizing the observance of 4-H Day at the state capitol, and inviting Dr. Roger C. (Bo) Ryles to appear before the House of Representatives.
HR 101. By Representative Coleman of the 142nd: A resolution commending Trayvis Manuel and inviting him to appear before the House of Representatives.
HR 118. By Representatives Walker of the 141st, Reichert of the 126th, Randall of the 127th, Graves of the 125th, Lucas of the 124th and others: A resolution recognizing the Georgia Sports Hall of Fame Authority and inviting the members of the authority to appear before the House of Representatives.
The following communications were received:
House of Representatives 332 State Capitol
Atlanta, Georgia 30334-1160
January 27, 1999
The Honorable David Lucas Representative, District 124 Room 217 Capitol Atlanta, Georgia 30334
Dear David: I am this date, removing you from the Human Relations & Aging committee and placing you on the Insurance committee.
Sincerely, /s/ Thomas B. Murphy
Speaker
TBM/gm
c: Representative Jimmy Lord Representative Roger Byrd Paul Lynch Robby Rivers Dan Williams, House Research Joe Brown, House Information
House of Representatives 332 State Capitol
Atlanta, Georgia 30334-1160
January 27, 1999
The Honorable Pam Bohannon Representative, District 139 Suite 411 Legislative Office Building Atlanta, Georgia 30334
Dear Pam:

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JOUKNAL OF THE HOUSE

I am this date, removing you from the Children & Youth committee and placing you on the Insurance committee.
Sincerely, /s/ Thomas B. Murphy
Speaker
TBM/gm
c: Representative Jimmy Lord Representative Georganna Sinkfield Paul Lynch Robby Rivers Dan Williams, House Research Joe Brown, House Information

Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 189 Do Pass, by Substitute
Respectfully submitted, /s/ Twiggs of the 8th
Chairman

Representative Smyre of the 136th 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 50 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman
The Speaker announced the House in recess subject to the call of the Chair. The House will convene at 10:00 o'clock the next legislative day.

THURSDAY, JANUARY 28, 1999

147

Representative Hall, Atlanta, Georgia Thursday, January 28, 1999

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

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

Alien Anderson Ashe Bailey Bannister Barnard Barnes Benefield Birdsong Bohannon Bordeaux Borders Brooks Brown Buck Buckner Bulloch Bunn Burkhalter Byrd Callaway Campbell Cash Channel! Childers Clark Coan Coleman, B E Coleman, T Connell Cooper Cox Crawford

Cummings Davis, M Davis, T E Day Dean DeLoach, B DeLoach, G Dixon Dodson Dukes Ehrhart Epps Evans Felton Franklin Gohck Graves Greene Grindley Hammontree Harbin E Harrell Heard Heckstall Hegstrom Hembree Henson Holland Holmes Houston Howard Hudgens Hudson, H

Hudson, N Hugley Irvin Jackson, B Jackson, L James Jamieson Jenkins Jennings Jones Joyce Kaye Lewis E Lord Maddox Mann Manning Martin, J Martin, J.L Massey McBee McCall McClinton McKinney Millar Mobley Morris Mosley Mueller O'Neal Orrock Parham Parrish

Parsons Pelote Pinholster Poag Ponder Porter Powell E Purcell Ragas Randall Ray E Reaves Reece Reed Reese Reichert Rice Richardson Roberts Royal Sanders Sauder Scarlett Scheid Scott E Shanahan Shipp Sims Sinkfield Skipper Smith, B Smith, C.W

Smith, L Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow Squires Stancil Stanley, P Stanley-Turner Stephens Stokes Taylor Teague Teper Tillman Tolbert Twiggs Unterman Walker, L Walker, R.L Watson West Westmoreland Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Sholar of the 179th, Rogers of the 20th, Shaw of the 176th, Lane of the 146th, Hanner of the 159th, Floyd of the 138th, Bridges of the 9th, Stallings of the 100th, Turnquest of the 73rd, Everett of the 163rd, Smith of the 175th, Dix of the 76th and Lucas of the 124th.
They wish to be recorded as present.
Prayer was offered by the Reverend Dr. Ken Fuller, Pastor, Jones Memorial First United Methodist Church, Lake City, 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.

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The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 278. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of
the 161st: A bill to amend Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to open and public meetings, so as to change the definition of the term "meeting"; to require that an agency holding a meeting shall make available an agenda of all matters expected to come before the agency at such meeting.
Referred to the Committee on Judiciary.
HB 279. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st: A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide for conditions of disclosure of records received or maintained by private persons or private entities performing services for public entities; to change provisions relating to the time and manner in which custodians of records must respond to requests for inspection.
Referred to the Committee on Judiciary.
HB 280. By Representatives Harbin of the 113th, Sauder of the 29th and Shaw of the 176th: A bill to amend Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to student transportation, so as to prohibit students from riding school buses while standing.
Referred to the Committee on Transportation.
HB 281. By Representatives Jamieson of the 22nd, Smith of the 12th, Hudson of the 120th and Whitaker of the 7th: A bill to amend Article 1 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding ethics in government, so as to prohibit certain false statements in connection with cer-

THURSDAY, JANUARY 28, 1999

149

tain campaign activities; to provide for duties and limitations of the State Ethics Commission with respect to the foregoing.
Referred to the Committee on Rules.
HB 282. By Representatives Jamieson of the 22nd, Smith of the 12th, Hudson of the 120th and Whitaker of the 7th: A bill to amend Article 1 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding ethics in government, so as to prohibit certain false statements in connection with certain campaign activities; to provide for duties ard limitations of the State Ethics Commission with respect to the foregoing.
Referred to the Committee on Rules.
HB 283. By Representative Jamieson of the 22nd: A bill to amend Article 10A of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of heavy-duty equipment motor vehicles, so as to change certain provisions regarding the return of heavy-duty equipment motor vehicles for ad valorem taxation and collection of such tax.
Referred to the Committee on Ways & Means.
HB 284. By Representative Jamieson of the 22nd: A bill to amend Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, so as to eliminate the filing, claiming, and perfecting of hospital liens.
Referred to the Committee on Judiciary.
HB 285. By Representative Poag of the 6th: A bill to amend Article 1 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, so as to prohibit counties, municipal corporations, and other political corporations from incurring bonded debt for a certain purpose except as general obligation debt.
Referred to the Committee on Ways & Means.
HB 286. By Representatives Roberts of the 162nd, Everett of the 163rd and Dukes of the 161st: A bill to amend an Act providing for the Joint County-Municipal Board of Registration and Elections for Dougherty County and the City of Albany, so as to provide for staggered terms of office for members of said joint board.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 287. By Representative Channell of the lllth: A bill to amend Code Section 16-13-32.6 of the Official Code of Georgia Annotated, relating to establishment of drug-free commercial zones and punishment of unlawful conduct therein, so as to adopt and incorporate all drug-free commercial zones which have been adopted by counties and municipalities and registered with the Department of Community Affairs prior to a certain date.
Referred to the Committee on State Planning & Community Affairs.

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HB 288. By Representative Jamieson of the 22nd:
A bill to amend Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to hospital liens, so as to change the manner of filing and perfecting hospital liens.
Referred to the Committee on Judiciary.

HB 289. By Representative Jamieson of the 22nd:
A bill to amend Code Section 40-14-2 of the Official Code of Georgia Annotated, relating to permits to operate speed detection devices, so as to authorize the issuance of such permits to an applicant if a part-time peace officer is employed by such applicant; to authorize the use of speed detection devices by registered or certified peace officers.
Referred to the Committee on Public Safety.

HB 290. By Representatives Manning of the 32nd, Shipp of the 38th, Harbin of the 113th, Ehrhart of the 36th, Teper of the 61st and others:
A bill to amend Article 1 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions regarding the regulation of maintenance and use of public roads generally, so as to require agreements between a railroad company and an affected municipality or county regarding the closing of certain crossings.
Referred to the Committee on Transportation.

HB 291. By Representatives Hembree of the 98th, Smith of t le 102nd, Bunn of the 74th, Roberts of the 162nd, Westmoreland of the 10'tth and others:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide for a gradual reduction in the state income tax rate for individuals, fiduciaries, partnerships, and corporations over a period of years; to abolish the state income tax effective for tax years beginning on and after January 1, 2007.
Referred to the Committee on Ways & Means.

HB 292. By Representatives Skipper of the 137th, Greene of the 158th, James of the 140th and Hanner of the 159th:
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 third judge of the superior courts of the Southwestern Judicial Circuit of Georgia.
Referred to the Committee on Judiciary.

HB 293. By Representatives Barnard of the 154th, Stancil of the 16th, Campbell of the 42nd, DeLoach of the 172nd, Brooks of the 54th and others:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to provide an exemption from state income tax in the amount of any reward for the reporting of a crime or for providing information leading to the arrest or conviction of an offender.
Referred to the Committee on Ways & Means.

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HB 294. By Representatives Bannister of the 77th, Wiles of the 34th, Irvin of the 45th, Ehrhart of the 36th and Parsons of the 40th:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to provide for the determination of certain millage rates; to provide for definitions; to provide for certification of taxable values and millage rates.
Referred to the Committee on Ways & Means.
HB 295. By Representatives Childers of the 13th, Williams of the 114th, Jones of the 71st, Jackson of the 148th, Sauder of the 29th and others:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of the practice of dentistry, so as to change the provisions relating to definitions; to change the eligibility requirements for members of the Georgia Board of Dentistry.
Referred to the Committee on Health & Ecology.
HB 296. By Representatives Smith of the 12th, Royal of the 164th, Childers of the 13th, Reece of the llth and Hembree of the 98th:
A bill to amend Code Section 48-5-299 of the Official Code of Georgia Annotated, relating to ascertainment of taxable property, so as to change certain provisions with respect to values which are established by appeal.
Referred to the Committee on Ways & Means.
HB 297. By Representatives Parrish of the 144th, Stallings of the 100th, James of the 140th, Bailey of the 93rd, Ragas of the 64th 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 change the term of the commissioner; to change provisions relating to emergency closings; to change name restrictions; to change provisions relating to leasing and lending restrictions; to allow dealings in certain securities by banks; to change provisions relating to promoters' fees.
Referred to the Committee on Banks & Banking.
HB 298. By Representatives Wiles of the 34th, Crawford of the 129th, Martin of the 47th, Stuckey of the 67th, Teper of the 61st and others:
A bill to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to ratify the National Crime Prevention and Privacy Compact established by Section 217 of the Subtitle A of Title LL of federal Public Law 92-544; to define certain terms to provide duties for the director of the Georgia Crime Information Center.
Referred to the Committee on Judiciary.
HB 299. By Representatives Jamieson of the 22nd, Sims of the 167th, Greene of the 158th, Channell of the lllth, Smith of the 109th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales to housing authorities.
Referred to the Committee on Ways & Means.

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HB 300. By Representatives Williams of the 114th and Lucas of the 124th:
A bill to amend Article 2 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to deferred compensation plans, so as to change certain provisions relating to administration of plans, participation by employees of county boards of health, and provisions for income tax deferral benefits.
Referred to the Committee on State Planning & Community Affairs.
HB 301. By Representatives Williams of the 114th, Coleman of the 142nd and Lucas of the 124th:
A bill to amend Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for public schoolteachers and public school employees, so as to change certain provisions relating to establishment by the State Personnel Board of a health insurance plan for public schoolteachers.
Referred to the Committee on Insurance.
HB 302. By Representative Stallings of the 100th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that if a court has made an adjudication that a juvenile has committed a designated felony act, the school superintendent or his or her designee shall transmit within 15 days of receiving notice of the adjudication from the court a copy of such adjudication to the principals of the school which the juvenile last attended.
Referred to the Committee on Judiciary.
HB 303. By Representatives Bohannon of the 139th, Walker of the 141st, Snelling of the 99th and Tillman of the 173rd:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to authorize the reading or posting of certain writings, documents, and records without content based censorship thereof.
Referred to the Committee on Education.
HB 304. By Representatives Porter of the 143rd and Parham of the 122nd:
A bill to amend Article 4 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts and violations of ordinances of counties and state authorities, and Code Section 16-7-21 of the Official Code of Georgia Annotated, relating to the offense of criminal trespass, so as to authorize magistrate courts to impose 12 months' imprisonment for violations of county ordinances and ordinances of state authorities.
Referred to the Committee on Special Judiciary.
HB 305. By Representatives Porter of the 143rd, Jamieson of the 22nd, O'Neal of the 75th and Smith of the 103rd:
A bill to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, so as to change the definition of the term "eligible high school".
Referred to the Committee on Education.

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HB 306. By Representatives Porter of the 143rd and Jamieson of the 22nd:
A bill to amend Code Section 20-2-230 of the Official Code of Georgia Annotated, relating to staff development programs, so as to increase the amount of annual training required for members of governing boards of local units of administration.
Referred to the Committee on Education.

HB 307. By Representatives Porter of the 143rd, Parham of the 122nd, Parrish of the 144th and Jamieson of the 22nd:
A bill to amend Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Judicial Retirement System, so as to provide that each chief magistrate in this state shall become a member of such retirement system.
Referred to the Committee on Retirement.

HB 308. By Representatives Porter of the 143rd, Jamieson of the 22nd, Taylor of the 134th, Ashe of the 46th, Houston of the 166th and others:
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 require secondary students to pass and end-of-course examination adopted by the State Board of Education in order to receive credit for certain courses.
Referred to the Committee on Education.

HB 309. By Representatives Mobley of the 69th, Teague of the 58th, Ragas of the 64th, Hegstrom of the 66th, Taylor of the 134th and others:
A bill to amend Article 2 of Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, so as to provide for emergency motorist aid call boxes in certain areas along Interstate 75.
Referred to the Committee on Transportation.

HB 310. By Representatives Mobley of the 69th, Teague of the 58th, Hegstrom of the 66th and Taylor of the 134th:
A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous uniform rules of the road, so as to change certain provisions relating to requirement of driver to exercise due care and allowance of proper use of radios and mobile telephones.
Referred to the Committee on Motor Vehicles.

HE, 311. By Representatives Mobley of the 69th, Orrock of the 56th, Teague of the 58th, Randall of the 127th, Ragas of the 64th and others:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for a right of action for sexual harassment; to provide for definitions; to provide for practices, procedures, and requirements relating to such right of action; to provide for exceptions.
Referred to the Committee on Special Judiciary.

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HB 312. By Representatives Powell of the 23rd, Hudson of the 156th, Walker of the 141st, Skipper of the 137th and Stancil of the 16th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions, so as to authorize the Georgia Real Estate Appraisers Board to adopt regulations establishing procedures to reduce the use and retention of paper forms and documents, for the submission of forms and documents by facsimile or electronic means, and for satisfying signature requirements by electronic or voice signature or other means.
Referred to the Committee on Industry.
HB 313. By Representatives Powell of the 23rd, Hudson of the 156th, Benefield of the 96th, McCall of the 90th and Rogers of the 20th:
A bill to amend Code Section 22-2-40 of the Official Code of Georgia Annotated, relating to the selection of assessors in certain condemnation proceedings, so as to remove a certain limitation on the costs of assessors.
Referred to the Committee on Industry.
HB 314. By Representatives Powell of the 23rd, Hudson of the 156th, Ponder of the 160th and McCall of the 90th:
A bill to amend Article 15 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to acquisitions and dispositions of certain hospitals, so as to change the provisions relating to definitions and required analyses and reports; to delete certain fee and cost paying requirements but provide for paying certain other costs.
Referred to the Committee on Health & Ecology.
HB 315. By Representatives Powell of the 23rd, McCall of the 90th, Sims of the 167th, Shaw of the 176th, Hudson of the 156th and others:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for legislative findings and intent; to create a new Code section to be known as the "Essential Rural Nonemergency Transportation Provider Access Act".
Referred to the Committee on Human Relations & Aging.
HB 316. By Representatives Powell of the 23rd and Hudson of the 156th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from certificate of need requirements, so as to provide for an additional exemption for home health agency services provided through or on behalf of certain hospitals.
Referred to the Committee on Health & Ecology.
HB 317. By Representatives Powell of the 23rd, McCall of the 90th, Stallings of the 100th and Floyd of the 138th:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the offense of deposit account fraud, so as to change the provisions relating to restitution to the holder of an instrument which is the subject of deposit account fraud.
Referred to the Committee on Banks & Banking.

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HR 119. By Representatives Lucas of the 124th, Parham of the 122nd, Dean of the 48th, Manning of the 32nd, Childers of the 13th and others: A resolution authorizing the granting of nonexclusive easements for operation and maintenance of utilities, telecommunications, railroad crossings, water and sanitary sewer lines, access, and pipelines in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Bibb, Chatham, Cobb, Floyd, Fulton, Houston, Long, Newton, Paulding, and Towns counties.
Referred to the Committee on State Institutions & Property.
HR 120. By Representatives Martin of the 145th, Williams of the 114th, Parrish of the 144th, Stephens of the 150th and Irvin of the 45th: A resolution urging the Congress of the United States to enact the Quality Health Care Coalition Act.
Referred to the Committee on Health & Ecology.
HR 121. By Representative Parrish of the 144th: A resolution ratifying the alteration of regional development center boundaries established by the Board of Community Affairs.
Referred to the Committee on State Planning & Community Affairs.
HR 122. By Representatives Lucas of the 124th, Rogers of the 20th, Smith of the 19th and Porter of the 143rd: A resolution authorizing the conveyance of certain state owned real property located in Cobb County; authorizing the conveyance of certain state owned real property located in Hall County; authorizing the conveyance of certain state owned real property located in Laurens County.
Referred to the Committee on State Institutions & Property.

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

HB 13 HB 236 HB 237 HB 238 HB 239 HB 240 HB 241 HB 242 HB 243 HB 244 HB 245 HB 246 HB 247 HB 248 HB 249 HB 250 HB 251 HB 252 HB 253 HB 254

HB 255 HB 256 HB 257 HB 258 HB 259 HB 260 HB 261 HB 262 HB 263 HB 264 HB 265 HB 266 HB 267 HB 268 HB 269 HB 270 HB 271 HB 272 HB 273 HB 274

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HB 275 HB 276 HB 277 HR 94

JOURNAL OF THE HOUSE
HR 95 HR 96 HR 97 HR 98

Representative Smith of the 109th District, Chairman of the Committee on Industrial Relations, submitted the following report:

Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 135 Do Pass, by Substitute
Respectfully submitted, lal Smith of the 109th
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 192 Do Pass HB 196 Do Pass HB 197 Do Pass

HB 199 Do Pass HB 200 Do Pass HB 201 Do Pass

Respectfully submitted, Isl Royal of the 164th
Chairman

The Speaker Pro Tern assumed the Chair.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 192. By Representative James of the 140th:
A bill to amend an Act creating the board of commissioners of Macon County, so as to create the office of county manager of Macon 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 110, nays 10.

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

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HB 196. By Representatives Westmoreland of the 104th, Brown of the 130th, Smith of the 103rd and Yates of the 106th: A bill to amend an Act creating the State Court of Coweta County, so as to change the provisions relating to the clerk of the state court and other personnel of the 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 110, nays 10.
The Bill, having received the requisite constitutional majority, was passed. HB 197. By Representative Floyd of the 138th:
A bill to provide for the consolidation of the existing governments of the City of Hawkinsville and Pulaski 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 110, nays 10.
The Bill, having received the requisite constitutional majority, was passed. HB 199. By Representative Floyd of the 138th:
A bill to amend an Act providing for the minimum compensation for certain county officers of Pulaski County, so as to change the officials to which such Act is applicable.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 10.
The Bill, having received the requisite constitutional majority, was passed. HB 200. By Representative Floyd of the 138th:
A bill to repeal an Act creating the office of Commissioner of Pulaski County; to provide for a contingent 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 110, nays 10.
The Bill, having received the requisite constitutional majority, was passed. HB 201. By Representative Floyd of the 138th:
A bill to repeal an Act providing for a new charter for the City of Hawkinsville; to provide for a contingent 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 110, nays 10.
The Bill, having received the requisite constitutional majority, was passed.

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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 74. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A bill to amend an Act providing for the compensation of the coroner of Clarke County, so as to change the provisions regarding compensation.

Representative Snelling of the 99th arose to a point of personal privilege and addressed the House.

Representative Sanders of the 107th arose to a point of personal privilege and addressed the House.

Representative Dean of the 48th arose to a point of personal privilege and addressed the House.

The following Resolutions of the House were read and referred to the Committee on Rules:
HR 123. By Representatives Smyre of the 136th, Dukes of the 161st, Mobley of the 69th and Taylor of the 134th:
A resolution commending and recognizing the Georgia association of Black State Universities.
HR 124. By Representatives Pelote of the 149th and McKinney of the 51st:
A resolution commending the sisters of the Alpha Theta Zeta Chapter of Zeta Phi Beta Sorority, Inc., and inviting them to appear before the House of Representatives.
HR 150. By Representatives Smith of the 103rd, Coleman of the 142nd, Parrish of the 144th, Murphy of the 18th, Cox of the 105th and others:
A resolution commending Achievers International - Georgia, Inc., and inviting the organization representatives to appear before the House of Representatives.

Representative Smyre of the 136th 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 93 Do Pass

HR 123 Do Pass

Respectfully submitted, /s/ Smyre of the 136th
Chairman

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

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159

HR 50. By Representative Ponder of the 160th:
A resolution commending the Southwest Georgia Academy Warriors football team and inviting the players and coaches to appear before the House of Representatives.
HR 123. By Representatives Smyre of the 136th, Dukes of the 161st, Mobley of the 69th and Taylor of the 134th:
A resolution commending and recognizing the Georgia association of Black State Universities.
HR 93. By Representatives Stallings of the 100th and West of the 101st:
A resolution commending the 1998 Carrollton Trojan Varsity football team and inviting them to appear before the House of Representatives.

The following communications were received:

Office of Legislative Counsel 316 State Capitol Atlanta, Ga 30334

January 15, 1999

Honorable Cathy Cox Secretary of State 214 State Capitol Atlanta, GA 30334 Dear Cathy:

Enclosed is a certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable James L. Lester was elected as a member of the State Transportation Board from the Tenth Congressional District. He will serve for a term beginning April 16, 1999, and expiring April 15, 2004. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.

With best regards, I am

Sincerely yours, /s/ Sewell R. Brumby
Legislative Counsel

SRB:jp Enclosures

cc: Honorable Roy E. Barnes Honorable Mark Taylor Honorable Thomas B. Murphy Honorable James L. Lester Honorable Mickey Channell Honorable Bobby E. Parham Mr. Wayne Shackleford Mr. Frank Eldridge, Jr. Mr. Robert E. Rivers, Jr. Ms. Penny Brown Reynolds
The General Assembly State Capitol Atlanta

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TO: Honorable Cathy Cox Secretary of State

This is to certify that Honorable James L. Lester has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Tenth Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1999, and expiring April 15, 2004.

This 15th day of January, 1999.

lal Mark Taylor President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives

The General Assembly State Capitol Atlanta

January 14, 1999

Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, GA 30334

Dear Lieutenant Governor Taylor:

Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 13, 1999, in the Senate Chamber of the state capitol building. At that caucus Honorable James L. Lester was elected as a member of the State Transportation Board from the Tenth Congressional District to serve a term beginning April 16, 1999, and expiring April 15, 2004.
Respectfully submitted, /s/ Mickey Channell
Representative, lllth District Chairman Tenth Congressional District Caucus
/s/ Bobby E. Parham Representative, 122nd District Secretary Tenth Congressional District Caucus
The General Assembly State Capitol Atlanta

January 14, 1999

Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334

THURSDAY, JANUARY 28, 1999

161

Dear Mr. Speaker:

Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 13, 1999, in the Senate Chamber of the state capitol building. At that caucus Honorable James L. Lester was elected as a member of the State Transportation Board from the Tenth Congressional District to serve a term beginning April 16, 1999, and expiring April 15, 2004.
Respectfully submitted, /s/ Mickey Channell
Representative, lllth District Chairman Tenth Congressional District Caucus
/s/ Bobby E. Parham Representative, 122nd District Secretary Tenth Congressional District Caucus
Office of Legislative Counsel 316 State Capitol Atlanta, Ga 30334

January 15, 1999

Honorable Cathy Cox Secretary of State 214 State Capitol Atlanta, GA 30334

Dear Cathy:

Enclosed is a certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Steve Reynolds was elected as a member of the State Transportation Board from the Eleventh Congressional District. He will serve for a term beginning April 16, 1999, and expiring April 15, 2004. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.

With best regards, I am

Sincerely yours, /s/ Sewell R. Brumby
Legislative Counsel

SRB:jp Enclosures

cc: Honorable Roy E. Barnes Honorable Mark Taylor Honorable Thomas B. Murphy Honorable James L. Lester Honorable Eddie Madden Honorable Joe Burton Mr. Wayne Shackleford Mr. Frank Eldridge, Jr. Mr. Robert E. Rivers, Jr. Ms. Penny Brown Reynolds

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The General Assembly State Capitol Atlanta

TO: Honorable Cathy Cox Secretary of State

This is to certify that Honorable Steve Reynolds has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Eleventh Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1999, and expiring April 15, 2004.

This 15th day of January, 1999.

/s/ Mark Taylor President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives

The General Assembly State Capitol Atlanta

January 14, 1999

Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, GA 30334

Dear Lieutenant Governor Taylor:

Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 13, 1999, in the Senate Chamber of the state capitol building. At that caucus Honorable Steve Reynolds was elected as a member of the State Transportation Board from the Eleventh Congressional District to serve a term beginning April 16, 1999, and expiring April 15, 2004.
Respectfully submitted, /s/ Eddie Madden
Senator, 47th District Chairman Eleventh Congressional District Caucus
/s/ Joe Burton Senator, 5th District Secretary Eleventh Congressional District Caucus
The General Assembly State Capitol Atlanta

January 14, 1999

THURSDAY, JANUARY 28, 1999

163

Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334
Dear Mr. Speaker:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 13, 1999, in the Senate Chamber of the state capitol building. At that caucus Honorable Steve Reynolds was elected as a member of the State Transportation Board from the Eleventh Congressional District to serve a term beginning April 16, 1999, and expiring April 15, 2004.
Respectfully submitted, /s/ Eddie Madden
Senator, 47th District Chairman Eleventh Congressional District Caucus
/s/ Joe Burton Senator, 5th District Secretary Eleventh Congressional District Caucus
The Speaker assumed the Chair.
Under the general order of business, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HB 39. By Representatives Walker of the 141st, Martin of the 47th, Murphy of the 18th, Smith of the 109th, Buck of the 135th and others:
A bill to amend Code Section 15-21-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, so as to provide for the exemptions from jury duty of any person who is a full-time student at a college, university, vocational school, or other postsecondary school and who requests an exemption; to provide for the exemption from jury duty of any person who is the primary caregiver having active care and custody of a child under two years of age.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, so as to provide for a deferral from jury duty of any person who is a full-time student at a college, university, vocational school, or other postsecondary school and who requests a deferral; to provide for a deferral from jury duty of any person who is the primary caregiver having active care and custody of a child under four years of age; to provide for the length of such deferrals from jury duty; to provide for affidavits; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, is amended by striking subsection (a) of said Code section and inserting in its place the following:

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"(a)(l) Any person who shows that he or she will be engaged during his or her term of jury duty in work necessary to the public health, safety, or good order or who shows other good cause why he or she should be exempt from jury duty may be excused by the judge of the court to which he or she has been summoned or by some other person who has been duly appointed by order of the chief judge to excuse jurors. Such a person may exercise such authority only after the establishment by court order of guidelines governing excuses. Any order of appointment shall provide that, except for permanently mentally or physically disabled persons, all excuses shall be deferred to a date and time certain within that term or the next succeeding term or shall be deferred as set forth in the court order.

(2) Notwithstanding paragraph (1) of this subsection, any person who is a full-time student at a college, university, vocational school, or other postsecondary school and who requests a deferral shall be excused from jury duty during the period of time the student is enrolled and taking classes or exams at the college, university, vocational school, or other postsecondary school.

(3) Notwithstanding paragraph (1) of this subsection, any person who is the primary caregiver having active care and custody of a child under four years of age, who executes an affidavit on a form provided by the court stating that such person is the primary caregiver having active care and custody of a child under four years of age and stating that such person has no reasonably available alternative child care, and who requests a deferral shall be excused from jury duty during the period of time the person is the primary caregiver having active care and custody of a child under four years of age and has no reasonably available alternative child care. It shall be the duty of the court to provide affidavits for the purpose of this subsection."

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:

Alien Anderson Ashe
Bailey Bannister Barnard Barnes Benefield Birdsong Bohannon Bordeaux Borders Bridges Brooks Brown Buck
Buckner Bulloch Bunn Burkhalter Byrd
Callaway Campbell Cash Channell

Y Childers Y Clark
Y Coan Y Coleman, B E Coleman, T Y Connell Y Cooper
Y Cox Y Crawford Y Cummings Y Davis, M E Davis, T Y Day Y Dean Y DeLoach, B
Y DeLoach, G Y Dix Y Dixon Y Dodson
Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton

Y Floyd Y Franklin Y Golick
Y Graves
Y Greene Y Grindley
Hammontree
Hanner
Harbin Harrell Heard Heckstall Hegstrom Hembree Henson Holland Holmes Houston
Howard
Hudgens Hudson, H Hudson, N Hugley
Irvin
Jackson, B

Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L
N Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills
Y Mobley

Y Morris Y Mosley Y Mueller Y O-Neal
Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell E Purcell Y Ragas Y Randall Y Ray E Reaves Y Reece Y Reed Y Reese N Reichert Y Rice Y Richardson

Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp

THURSDAY, JANUARY 28, 1999

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes

Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L

165
Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 167, nays 3.

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

Representative Walker of the 141st assumed the Chair. HR 57. By Representatives Poag of the 6th and Whitaker of the 7th:
A resolution designating the C. F. "Coote" Mason Highway.

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

Alien Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B E Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

E Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson
Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane 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 Millar
Y Mills Y Mobley Y Morris
Y Mosley Mueller
Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Pelote Pinholster Poag Ponder Porter Powell Purcell Ragas Randall Ray Reaves Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre
Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 163, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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HB 53. By Representative Murphy of the 18th:
A bill to clarify that a motion to enforce an alimony or child support order by attachment for contempt is a part of the underlying action and does not constitute a new action; to amend Code Section 19-6-28 of the Official Code of Georgia Annotated, relating to enforcement of orders for alimony and child support, so as to provide for the nature of contempt proceedings as a part of the underlying action.

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

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

Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield
Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck
Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell
Y Childers Y Clark Y Coan Y Coleman, B E Coleman, T Y Connell
Cooper Y Cox Y Crawford Y Cummings
Y Davis, M

E Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon
Dodson Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston
Howard
Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley
Y Irvin Y Jackson, B Y Jackson, L Y James
Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas
Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote
Y Pinholster Y Poag
Y Ponder
Y Porter
Y Powell E Purcell
Y Eagas
Y Eandall
Y Bay E Reaves Y Reece Y Reed Y Reese 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 Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Y Teague Y Teper Y Tillman Y Tolbert
Y Trense Y Turnquest
Y Twiggs Y Unterman
Walker, L Y Walker, R.L
Y Watson Y West Y Westmoreland Y Whitaker Y Wiles
Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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.
The following Resolutions of the House were read and adopted: HR 102. By Representative Jenkins of the 110th:
A resolution recognizing and commending Katherine Doster. HR 103. By Representatives Floyd of the 138th and James of the 140th:
A resolution recognizing and commending Rebecca Willingham.

THURSDAY, JANUARY 28, 1999

167

HR 104. By Representatives Floyd of the 138th and James of the 140th: A resolution commending Luke Couch.
HR 105. By Representative Pinholster of the 15th: A resolution recognizing and commending Will Tate.
HR 106. By Representative Hudson of the 156th: A resolution commending Nancy Bates.
HR 107. By Representatives Snelling of the 99th and Hembree of the 98th: A resolution commending Monique Goodrich.
HR 108. By Representatives Hudson of the 156th and Scott of the 165th: A resolution recognizing and commending Elizabeth Martin.
HR 109. By Representatives Reece of the llth, Smith of the 12th and Childers of the 13th: A resolution recognizing and commending Lee Donahue.
HR 110. By Representative Smith of the 109th: A resolution recognizing and commending Will Fletcher.
HR 111. By Representative Barnard of the 154th: A resolution commending Ken Eason.
HR 112. By Representative Houston of the 166th: A resolution recognizing and commending Jada Carter.
HR 113. By Representative Morris of the 155th: A resolution recognizing and commending John Stewart.
HR 114. By Representatives Snow of the 2nd and Clark of the 3rd: A resolution commending Craig Moore.
HR 115. By Representatives Powell of the 23rd and Jamieson of the 22nd: A resolution commending Jason Chitwood.
HR 116. By Representative Smith of the 175th: A resolution recognizing and commending Lisa Bickmore.
HR 117. By Representatives Snow of the 2nd, Reece of the llth and Joyce of the 1st: A resolution recognizing and commending Kenny Wood.
HR 127. By Representative Lord of the 121st: A resolution commending Eustache Cummings.
HR 128. By Representative Channell of the lllth: A resolution recognizing the achievements of Thomas Henry Resseau.
HR 129. By Representatives Stephens of the 150th, Bordeaux of the 151st, Pelote of the 149th, Jackson of the 148th and Mueller of the 152nd: A resolution expressing sympathy at the passing of the Honorable W. Albert Key.
HR 130. By Representative Coleman of the 80th: A resolution commending John Harned Wynn.
HR 131. By Representative Barnard of the 154th: A resolution commending Mary Grace and Simmie Driggers.

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HR 132. By Representatives Cash of the 108th, Sanders of the 107th and Smith of the 109th:
A resolution commending Allison Olmstead Taylor, the 1998 Henry County STAR Teacher.
HR 133. By Representatives Cash of the 108th, Sanders of the 107th and Smith of the 109th:
A resolution honoring Mrs. Genny Wallace.
HR 134. By Representatives Channell of the lllth, McCall of the 90th, McBee of the 88th, Heard of the 89th, Powell of the 23rd and others:
A resolution commending Jim Dove, Executive Director of the Northeast Georgia Regional Development Center.
HR 135. By Representatives Cash of the 108th, Sanders of the 107th and Smith of the 109th:
A resolution commending and congratulating Floyd Jolley.
HR 136. By Representatives Bannister of the 77th, Dix of the 76th, Rice of the 79th, Callaway of the 81st, Coleman of the 80th and others:
A resolution expressing regret at the passing of Steve Schildecker.
HR 137. By Representatives Bannister of the 77th, Callaway of the 81st, Coan of the 82nd, Coleman of the 80th, Dix of the 76th and others:
A resolution commending the Berkniar High School basketball team.
HR 138. By Representatives Bannister of the 77th, Dix of the 76th, Massey of the 86th, Reese of the 85th and Williams of the 83rd:
A resolution commending the Parkview High School Panthers girls' soccer team.
HR 139. By Representatives Bannister of the 77th, Callaway of the 81st, Coleman of the 80th, Dix of the 76th, Coan of the 82nd and others:
A resolution commending the Parkview High School Panthers soccer team.
HR 140. By Representative Twiggs of the 8th:
A resolution commending the firelighters of Georgia and observing the 27th annual Firefighters' Recognition Day.
HR 141. By Representative Coan of the 82nd:
A resolution commending Stuart Haslup.
HR 142. By Representatives Hudgens of the 24th, Crawford of the 129th, McCall of the 90th, Hudson of the 156th and Smith of the 12th:
A resolution commending Dr. O. G. Daniel.
HR 143. By Representatives Cummings of the 27th, Murphy of the 18th, Smith of the 12th and Hudson of the 156th:
A resolution recognizing and commending Paul Edward Thompson, Jr., and his retirement as Polk County Extension Agent.
HR 144. By Representative Ehrhart of the 36th:
A resolution celebrating the birth of Sean Patrick Hannity.
HR 145. By Representatives Brooks of the 54th, Randall of the 127th, Mobley of the 69th, Reed of the 52nd, Ragas of the 64th and others:
A resolution in tribute to the Honorable A. Leon Higginbotham, Jr.

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169

HR 146. By Representatives Shipp of the 38th, Parsons of the 40th, Sauder of the 29th, Manning of the 32nd and Golick of the 30th:
A resolution recognizing and commending the establishment of the Jack Vaughan, Jr., Student Scholarship awarded by Chattahoochee Tech Foundation as a memorial to the dedication of Honorable Jack Vaughan, Jr.
HR 147. By Representatives Scheid of the 17th, Smyre of the 136th, Irvin of the 45th, Jones of the 71st and Manning of the 32nd:
A resolution designating February 1, 1999, as "Kroger Day at the Capitol".
HR 148. By Representatives Smith of the 169th, Sims of the 167th, Childers of the 13th and Murphy of the 18th:
A resolution honoring Mrs. E. W. Sports on the occasion of her 90th birthday.
HR 149. By Representative Day of the 153rd:
A resolution commending the St. Andrew's School Saints football team.
HR 156. By Representatives Snelling of the 99th, Murphy of the 18th, Irvin of the 45th, Walker of the 141st, Buck of the 135th and others:
A resolution honoring Robert Shaw for his extraordinary career and expressing regret at his passing.

Representative Skipper of the 137th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia Friday, January 29, 1999

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
The members pledged allegiance to the flag.
Prayer was offered by the Reverend H. David Melton, Pastor, Dunwoody United Methodist Church, Dunwoody, Georgia.
Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 20. By Representatives Snelling of the 99th, Day of the 153rd, Graves of the
125th, Ashe of the 46th and Scarlett of the 174th: A bill to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemption of property from ad valorem taxation, so as to increase the amount of the personal property exemption with respect to tools and implements of trade of manual laborers.
Referred to the Committee on Ways & Means.
HB 21. By Representatives Snelling of the 99th, Day of the 153rd, Graves of the 125th and Scarlett of the 174th: A bill to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemption of property from ad

FRIDAY, JANUARY 29, 1999

171

valorem taxation, so as to provide for a complete personal property exemption with respect to tools and implements of trade of manual laborers.
Referred to the Committee on Ways & Means.
HB 318. By Representatives Powell of the 23rd, Parham of the 122nd, Teague of the 58th and Roberts of the 162nd: 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 definitions; to change certain provisions relating to administration of the Driver Improvement Program.
Referred to the Committee on Motor Vehicles.
HB 319. By Representatives Powell of the 23rd, Coleman of the 142nd, McCall of the 90th, DeLoach of the 172nd and Teague of the 58th: A bill to amend Code Section 50-5-67 of the Official Code of Georgia Annotated, relating to competitive bidding for state purchases, so as to provide for display on the Internet of the names of successful bidders, the names of unsuccessful bidders, and the reasons for rejecting bidders.
Referred to the Committee on Appropriations.
HB 320. By Representatives Irvin of the 45th, Bohannon of the 139th and Wiles of the 34th: A bill to amend Code Section 48-7-82 of the Official Code of Georgia Annotated, relating to periods of limitation for assessment of taxes, so as to delete a longer assessment period for certain omissions from gross income.
Referred to the Committee on Ways & Means.
HB 321. By Representative Wiles of the 34th: A bill to amend Code Section 40-5-64 of the Official Code of Georgia Annotated, relating to limited driving permits for certain offenders, so as to provide for limited driving permits for certain persons at least 18 years of age whose drivers' licenses have been revoked under subsection (a) of Code Section 40-5-57.1 for certain speed limit offenses.
Referred to the Committee on Motor Vehicles.
HB 322. By Representatives Wiles of the 34th, Franklin of the 39th, Grindley of the 35th and Kaye of the 37th: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide an exemption for nonprescription drugs.
Referred to the Committee on Ways & Means.
HB 323. By Representatives Powell of the 23rd, Coleman of the 142nd and McCall of the 90th: A bill to amend Code Section 50-5-69 of the Official Code of Georgia Annotated, relating to purchase without bidding, central bid registry, procurement cards, rules, and emergency purchases, so as to provide for exceptions in certain circumstances; to provide for publication of bid opportunities whose value is expected to exceed a specified amount.
Referred to the Committee on Appropriations.

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HE 324. By Representatives Irvin of the 45th, Ashe of the 46th, Martin of the 47th and Stuckey of the 67th:
A bill to amend Article 2 of Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to the "State Public Transportation Fund," so as to prohibit the consideration of "speed humps" and similar obstructions in awarding grant funds for road construction or maintenance.
Referred to the Committee on Transportation.

HB 325. By Representatives Lewis of the 14th, Irvin of the 45th, Hembree of the 98th, Barnard of the 154th, Martin of the 145th and others:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to provide that retirement income shall not be subject to state income tax.
Referred to the Committee on Ways & Means.

HB 326. By Representatives Reichert of the 126th, Trense of the 44th and Smith of the 109th:
A bill to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective businesses and private security businesses, so as to define certain terms; to amend the definition of certain terms; to amend licensing and registration qualifications.
Referred to the Committee on Industry.

HB 327. By Representatives McBee of the 88th, Heard of the 89th, Hudgens of the 24th and Crawford of the 129th:
A bill to amend Article 4 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the harvest and sale of pine straw, so as to require a person selling pine straw to a pine straw dealer to present a valid business license or state tax identification number.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 328. By Representatives Mills of the 21st, Hudgens of the 24th, Rice of the 79th, Callaway of the 81st, Smith of the 19th and others:
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 prohibit the provision or administration of controlled substances and dangerous drugs to unmarried minors unless a prior medical history has been obtained.
Referred to the Committee on Health & Ecology.

HB 329. By Representatives Mueller of the 152nd, Trense of the 44th, Brown of the 130th, Smith of the 103rd, Westmoreland of the 104th and others:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against health and morals, so as to provide for a short title; to provide for definitions; to require that a female give her informed consent prior to an abortion; to require that certain information be provided to or made available to a female prior to an abortion.
Referred to the Committee on Judiciary.

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HB 330. By Representatives Howard of the 118th, Smyre of the 136th, Alien of the 117th, Anderson of the 116th, Randall of the 127th and others: A bill to amend Code Section 20-3-84 of the Official Code of Georgia Annotated, relating to the Advisory Board to the Center for Trade and Technology Transfer, so as to change the reference to such board; to change provisions relating to the membership thereof; to provide that the Center for Trade and Technology Transfer shall be attached to the University System of Georgia for administrative purposes only.
Referred to the Committee on University System of Georgia.
HB 331. By Representatives Powell of the 23rd, McCall of the 90th, Parham of the 122nd, Ehrhart of the 36th, Lucas of the 124th and others: A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to change the provisions relating to the sale of tickets to athletic contests and entertainment events; to define certain terms; to restrict the sale of tickets to athletic contests and entertainment events at a price in excess of the price printed on the ticket.
Referred to the Committee on Industry.
HB 332. By Representatives Clark of the 3rd and Snow of the 2nd:
A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the amount payable for clerical help in the office of the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 333. By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th: A bill to amend Code Section 12-9-45 of the Official Code of Georgia Annotated, relating to certificates of emission inspection, so as to provide for an additional exemption from testing requirements.
Referred to the Committee on Natural Resources & Environment.
HB 334. By Representative Epps of the 131st:
A bill to amend an Act incorporating the City of Manchester, so as to provide for municipal elections in November, 1999, and in succeeding y ars.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 335. By Representatives Powell of the 23rd, Skipper of the 137th, Parham of the 122nd, Benefield of the 96th, Floyd of the 138th and others:
A bill to amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fireworks, so as to change the definition of the term "fireworks".
Referred to the Committee on Industry.
\
HB 336. By Representatives Howard of the 118th, Williams of the 114th, Alien of the 117th, Anderson of the 116th and DeLoach of the 119th:
A bill to provide for the mandatory attendance at meetings by any and all appointed members of any and all committees, authorities, commissions,

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boards, or other bodies created to serve only the people of Augusta-Richmond County, Georgia.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 337. By Representative Randall of the 127th: A bill to amend Code Section 17-6-30 of the Official Code of Georgia Annotated, relating to fees of sureties, so as to change the amount which sureties on criminal bonds may charge as compensation from defendants or from anyone acting for defendants.
Referred to the Committee on Special Judiciary.
HB 338. By Representative Wiles of the 34th: A bill to amend Code Section 40-8-76 of the Official Code of Georgia Annotated, relating to safety belts required as passenger vehicle equipment and safety restraints for children four years of age or younger, so as to provide for the offense of nonrestraint of a child passenger four years of age or younger resulting in death or serious injury to the child.
Referred to the Committee on Motor Vehicles.
HB 339. By Representative Wiles of the 34th: A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relating to courts, so as to provide that clerks of court shall not have the authority to provide forms listing possible defenses to claims made in civil actions.
Referred to the Committee on Judiciary.
HB 340. By Representative Wiles of the 34th: A bill to amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notices to produce in general, so as to change the provisions relating to witness fees and mileage.
Referred to the Committee on Judiciary.
HB 341. By Representative Wiles of the 34th: A bill to amend Code Section 5-6-48 of the Official Code of Georgia Annotated, relating to grounds for dismissal of appeal, amendments, correcting or supplementing record or transcript, effect of deficiencies upon consideration of appeal, so as to provide that no appeal shall be dismissed nor any brief or document stricken or refused filing for failure to use a particular font size or type in the brief or document.
Referred to the Committee on Judiciary.
HB 342. By Representative Wiles of the 34th: A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia Securities Act of 1973," so as to provide that any person who engages in certain unlawful practices under said chapter, which violation causes a loss to retirement savings of one or more other persons, shall be liable to any victim of such violation not only for the actual losses but also for an additional amount equal to three times the amount of the actual losses, plus court costs, and reasonable attorney's fees.
Referred to the Committee on Judiciary.

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HB 343. By Representatives Tolbert of the 25th, Jamieson of the 22nd, Purcell of the 147th and Porter of the 143rd: 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 applicability and exceptions from operation of chapter.
Referred to the Committee on Education.
HB 344. By Representatives Stuckey of the 67th, Teper of the 61st, Sims of the 167th, Sauder of the 29th, Tolbert of the 25th and others: A bill to amend Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage, so as to provide for the licensing of certain marriage ceremonies to be performed in foreign nations; to provide for the county of issuance.
Referred to the Committee on Judiciary.
HB 345. By Representatives Williams of the 114th, Randall of the 127th, Burkhalter of the 41st, Golick of the 30th and Lane of the 146th: A bill to amend Code Section 43-34-20 of the Official Code of Georgia Annotated, relating to definitions regarding the practice of medicine, so as to change a prohibition regarding the use of titles and terms.
Referred to the Committee on Health & Ecology.
HB 346. By Representatives Day of the 153rd, Stephens of the 150th, Mueller of the 152nd, Tolbert of the 25th and Irvin of the 45th: A bill to amend Part 1 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to equalization of assessments, so as to provide for conditions under which appraisers may inspect property.
Referred to the Committee on Ways & Means.
HB 347. By Representatives Day of the 153rd, Stephens of the 150th, Mueller of the 152nd, Ashe of the 46th, Tolbert of the 25th and others: A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization and their duties regarding review of assessments and appeal procedures, so as to change the burden of proof with respect to certain appeal.
Referred to the Committee on Ways & Means.
HB 348. By Representatives Day of the 153rd and Stephens of the 150th: A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from taxation, so as to exempt certain boats, motors, and traile: s from ad valorem taxation; to provide for a special election.
Referred to the Committee on Ways & Means.
HB 349. By Representatives Buckner of the 95th, Henson of the 65th, Manning of the 32nd and Snow of the 2nd: A bill to amend Code Section 45-12-54 of the Official Code of Georgia Annotated, relating to appointments made by the Governor to state boards, com-

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missions, and bureaus, so as to require that persons appointed to such posts reside in this state on a full-time basis during their terms of office.
Referred to the Committee on Judiciary.
HB 350. By Representatives Stephens of the 150th, Day of the 153rd, Mueller of the 152nd and Jackson of the 148th:
A bill to provide for a homestead exemption from certain Chatham County ad valorem taxes, Chatham County and City of Savannah School District ad valorem taxes for special district purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident of Chatham County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 351. By Representatives Buckner of the 95th, Henson of the 65th, Manning of the 32nd and Snow of the 2nd:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding the regulation of professions and businesses, so as to require that members of state examining boards reside in this state on a full-time basis during their terms of office.
Referred to the Committee on Judiciary.
HB 352. By Representatives Stanley of the 50th, Stanley of the 49th, West of the 101st, Stancil of the 16th and Heckstall of the 55th:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines, so as to authorize the imposition and collection of jail booking fees in any traffic court or municipal court of any municipality in this state having a population of 135,000 or more according to the United States decennial census of 1990 or any future such census.
Referred to the Committee on Special Judiciary.
HB 353. By Representatives Martin of the 47th, Skipper of the 137th, McBee of the 88th, Scheid of the 17th, Bridges of the 9th and others:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists, Article 8 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to health service provider psychologists, and Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to authorize certain psychologists to prescribe drugs in certain circumstances.
Referred to the Committee on Health & Ecology.
HB 354. By Representatives Walker of the 87th, Martin of the 47th and Bordeaux of the 151st:
A bill to amend Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged communications, so as to provide that certain communications by a child to a parent or guardian are privileged with regard to certain juvenile court proceedings.
Referred to the Committee on Judiciary.

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HB 355. By Representative Felton of the 43rd:
A bill to amend Code Section 48-8-89 of the Official Code of Georgia Annotated, relating to distribution and use of joint county and municipal sales and use tax proceeds, so as to provide for additional requirements with respect to determining distribution to political subdivisions.
Referred to the Committee on Ways & Means.

HB 356. By Representatives Porter of the 143rd, Parham of the 122nd, Channel! of the lllth and Powell of the 23rd:
A bill to amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Georgia Motor Vehicle Franchise Practices Act," so as to change the definition of "dealer," "franchise," and "franchisor"; to provide for the filing of petitions with the Department of Revenue; to provide for damages, the burden of proof, standing, and venue in actions under this article.
Referred to the Committee on Motor Vehicles.

HB 357. By Representative Williams of the 114th:
A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, so as to authorize creditable service for prior service as a teacher employed as an independent contractor; to provide for creditable service for prior service as an employee of a private academic health center.
Referred to the Committee on Retirement.

HB 358. By Representatives Williams of the 83rd, Dix of the 76th, Teper of the 61st, Taylor of the 134th, Trense of the 44th and others:
A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses' benefits under the Teachers Retirement System of Georgia, so as to provide a disability benefit for a teacher permanently disabled by an act of violence related to his or her position as a teacher; to provide for a survivor's benefit for a teacher killed by an act of violence related to his or her position as a teacher.
Referred to the Committee on Retirement.

HB 359. By Representatives Powell of the 23rd, Parham of the 122nd, Roberts of the 162nd, McCall of the 90th, Cummings of the 27th and others:
A bill to amend Code Section 40-6-315 of the Official Code of Georgia Annotated, relating to headgear and eye-protective devices for motorcycle riders, so as to provide that certain violations shall not be criminal acts, ordinance violations, or moving traffic violations.
Referred to the Committee on Motor Vehicles.

HB 360. By Representatives Williams of the 114th, DeLoach of the 119th and Connell of the 115th:
A bill to amend an Act creating the Civil Court of Richmond County, so as to provide for the personnel of said court; to provide for the salary of the

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marshal of such court; to change from appointment to election of the marshal.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 125. By Representatives Irvin of the 45th and Ashe of the 46th: A resolution proposing an amendment to the Constitution so as to provide that the 20 mill limitation with respect to the levy of ad valorem taxes for school purposes shall be applicable to every school system in this state.
Referred to the Committee on Ways & Means.
HR 126. By Representative Irvin of the 45th: A resolution proposing an amendment to the Constitution so as to provide that certain appropriated state funds will not lapse and may be expended for performance bonuses.
Referred to the Committee on Appropriations.
HR 151. By Representatives Day of the 153rd, Tolbert of the 25th, Stephens of the 150th, Mueller of the 152nd, Golick of the 30th and others: A resolution proposing an amendment to the Constitution so as to authorize, upon approval in a local referendum, the freezing of existing residential real property values and to provide that residential real property and interests therein shall be appraised for ad valorem taxation purposes at their fair market value as of the date of the owner's acquisition thereof.
Referred to the Committee on Ways & Means.
HR 152. By Representatives Day of the 153rd, Mueller of the 152nd, Tolbert of the 25th, Stephens of the 150th, Golick of the 30th and others: A resolution proposing an amendment to the Constitution so as to authorize, upon approval in a local referendum, the freezing of existing residential real property values and to provide that residential real property and interests therein shall be appraised for ad valorem taxation purposes at their fair market value as of the date of the owner's acquisition thereof.
Referred to the Committee on Ways & Means.
HR 153. By Representatives Buckner of the 95th, Cooper of the 31st, Taylor of the 134th, Buck of the 135th, Hugley of the 133rd and others: A resolution proposing an amendment to the Constitution so as to provide that laws shall be enacted that define, preserve, and protect innocent victims of crime, that victims of crime shall be treated with fairness, respect, and dignity and shall be free from intimidation, harassment, or abuse throughout the criminal justice process and thereafter, and that those convicted of crimes against victims shall make restitution to victims and the State of Georgia as prescribed by law.
Referred to the Committee on Special Judiciary.
HR 154. By Representatives Sims of the 167th, Byrd of the 170th, Hudson of the 156th, Skipper of the 137th, Floyd of the 138th and others: A resolution creating the Joint Manufactured Housing Study Committee.
Referred to the Committee on Rules.

FRIDAY, JANUARY 29, 1999

179

HR 155. By Representatives Dean of the 48th, Randall of the 127th, Jackson of the 112th, McKinney of the 51st, Sinkfield of the 57th and others: A resolution creating the Joint Study Committee on Health Care Treatment for Drug Abuse.
Referred to the Committee on Rules.
HR 157. By Representative Tillman of the 173rd: A resolution compensating Mr. Henry C. Batson.
Referred to the Committee on Appropriations.

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

HB 278 HB 279 HB 280 HB 281 HB 282 HB 283 HB 284 HB 285 HB 286 HB 287 HB 288 HB 289 HB 290 HB 291 HB 292 HB 293 HB 294 HB 295 HB 296 HB 297 HB 298 HB 299

HB 300 HB 301 HB 302 HB 303 HB 304 HB 305 HB 306 HB 307 HB 308 HB 309 HB 310 HB 311 HB 312 HB 313 HB 314 HB 315 HB 316 HB 317 HR 119 HR 120 HR 121 HR 122

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

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 238 Do Pass, by Substitute HB 266 Do Pass
Respectfully submitted, /s/ Holmes of the 53rd
Chairman

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JOURNAL OF THE HOUSE

Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 215 Do Pass
Respectfully submitted, Isl Martin of the 47th
Chairman

Representative Hanner of the 159th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:

Your Committee on Natural Resources and Environment has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 185 Do Pass
Respectfully submitted, Isl Hanner of the 159th
Chairman

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

Mr. Speaker:

Your Committee on Regulated Beverages has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 140 Do Pass
Respectfully submitted, Isl Dixon of the 168th
Chairman

Representative Smyre of the 136th 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 26 Do Pass HR 51 Do Pass HR 63 Do Pass

HR 91 Do Pass HR 100 Do Pass

Respectfully submitted, Isl Smyre of the 136th
Chairman

FRIDAY, JANUARY 29, 1999

181

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 273 Do Pass HB 274 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman
Representative Buck of the 135th District, Chairman of the Committee on Ways & Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 56 Do Pass HB 167 Do Pass HB 176 Do Pass
Respectfully submitted, /s/ Buck of the 135th
Chairman
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: HB 273. By Representatives Teper of the 61st, O'Neal of the 75th, Millar of the 59th,
Watson of the 70th, Stuckey of the 67th and others: A bill to provide for the creation of one or more community improvement districts in DeKalb County and in each municipality in such county.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 4.
The Bill, having received the requisite constitutional majority, was passed. HB 274. By Representatives Teper of the 61st, O'Neal of the 75th, Millar of the 59th,
Watson of the 70th, Stuckey of the 67th and others: A bill to amend an Act known as the "DeKalb County Community Improvement District Act," so as to change the short title of the Act.

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JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate: SB 3. By Senators Thompson of the 33rd, Tanksley of the 32nd and Stokes of the
43rd: A bill to amend Article 3 of Chapter 12 of Title 45, relating to appointments by the Governor, so as to change provisions relating to appointment of attorneys as executive counsel by the Governor; to change the number of counsel who may be so appointed. SB 20. By Senators Land of the 16th and Ray of the 48th: A bill to provide for legislative findings; to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to law enforcement officers and agencies, so as to repeal the prohibition of inspection or copying of law enforcement records for commercial solicitation.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees: SB 3. By Senators Thompson of the 33rd, Tanksley of the 32nd and Stokes of the
43rd: A bill to amend Article 3 of Chapter 12 of Title 45, relating to appointments by the Governor, so as to change provisions relating to appointment of attorneys as executive counsel by the Governor; to change the number of counsel who may be so appointed.
Referred to the Committee on State Planning & Community Affairs.
SB 20. By Senators Land of the 16th and Ray of the 48th: A bill to provide for legislative findings; to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to law enforcement officers and agencies, so as to repeal the prohibition of inspection or copying of law enforcement records for commercial solicitation.
Referred to the Committee on Judiciary.

Representative Sanders of the 107th arose to a point of personal privilege and addressed the House.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 158. By Representatives Lucas of the 124th, Murphy of the 18th, Coleman of the 142nd, Smyre of the 136th, Skipper of the 137th and others:
A bill to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, known as the "State Properties Code," so as to change

FRIDAY, JANUARY 29, 1999

183

the provisions relating to the membership and organization of the State Properties Commission.

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

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

Y Alien Anderson
Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefleld Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck
Buckner Y Bulloch Y Bunn E Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson
Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce E Kaye
Lane Y Lewis Y Lord Y Lucas
Maddox Y Mann Y Manning Y Martin, J
Martin, J.L Y Massey Y McBee
McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y OTSIeal Y Orrock Y Parham Y Parrish Y Parsons

Pelote Pinholster Poag Ponder Porter Powell Purcell Ragas Randall Ray Reaves Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P
Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper Tillman Tolbert Trense Turnquest Twiggs Unterman Walker, L Walker, R.L Watson West Westmoreland Whitaker Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

On the passage of the Bill, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Due to a mechanical malfunction, the vote of Representative Stephens of the 150th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 189. By Representatives Jenkins of the 110th, Smith of the 109th, Twiggs of the
8th, Walker of the 141st, Day of the 153rd and others:
A bill to amend Code Section 16-11-184 of the Official Code of Georgia Annotated, relating to regulatory authority of local political subdivisions over firearms and limitations thereon, so as to reserve to the state the right to bring certain civil actions against firearms manufacturers, trade associations, and dealers.
The following Committee substitute was read:

184

JOURNAL OF THE HOUSE

A BILL
To amend Code Section 16-11-184 of the Official Code of Georgia Annotated, relating to regulatory authority of local political subdivisions over firearms and limitations thereon, so as to reserve to the state the right to bring certain civil actions against firearms manufacturers, trade associations, and dealers; to provide legislative declarations; to provide for legislative intent; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-11-184 of the Official Code of Georgia Annotated, relating to regulatory authority of local political subdivisions over firearms and limitations thereon, is amended by striking subsections (a) and (b) and inserting in lieu thereof the following:
"(a)(l) It is declared by the General Assembly that the regulation of firearms is properly an issue of general, state-wide concern.
(2) The General Assembly further declares that the lawful design, marketing, or sale of firearms to the public is not unreasonably dangerous activity and does not constitute a nuisance per se.
(b)(l) No county or municipal corporation, by zoning or by ordinance, resolution, or other enactment, shall regulate in any manner gun shows, the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms, components of firearms, firearms dealers, or dealers in firearms components.
(2) The authority to bring suit and right to recover against any firearms manufacturer, trade association, or dealer by or on behalf of any governmental unit created by or pursuant to an Act of the General Assembly or the Constitution, or any department, agency, or authority thereof, for damages, abatement, or injunctive relief resulting from or relating to the lawful design, marketing, or sale of firearms to the public shall be reserved exclusively to the state. This paragraph shall not prohibit a political subdivision or local government authority from bringing an action against a firearms manufacturer or dealer for breach of contract or warranty as to firearms purchased by the political subdivision or local government authority."
SECTION 2. The General Assembly intends that paragraph (2) of subsection (a) of Code Section 1611-184 as enacted by this Act shall embrace and codify the rule of law in Division 1 of Rhodes v. R. G. Industries, Inc., 173 Ga. App. 51 (1984).
SECTION 3. This Act shall apply to any action pending on or brought on or after the date this Act becomes effective.
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:

FRIDAY, JANUARY 29, 1999

185

Representative Franklin of the 39th moves to amend the Committee substitute to HB 189 by deleting line 31 of page 1 through line 11 of page 2 and by inserting:
"(2) No firearms manufacturer, trade association, or dealer shall be liable for damages, abatement, or injunctive relief in any legal action or claim resulting from the use of a firearm by another person unless the manufacture of such firearm be proven defective due to failure to meet the specifications of its design."

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

N Alien Anderson
N Ashe N Bailey N Bannister Y Barnard N Barnes N Benefield N Birdsong N Bohannon N Bordeaux N Borders Y Bridges N Brooks Y Brown N Buck N Buckner N Bulloch Y Bunn E Burkhalter N Byrd N Callaway Y Campbell N Cash N Channell
N Childers N Clark
Y Coan N Coleman, B N Coleman, T N Connell N Cooper N Cox N Crawford N Cummings Y Davis, M

N Davis, T N Day N Dean N DeLoach, B N DeLoach, G N Dix
N Dixon
N Dodson N Dukes Y Ehrhart N Epps Y Evans N Everett N Felton N Floyd Y Franklin N Golick N Graves N Greene N Grindley N Hammontree N Hanner
Harbin N Harrell N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Houston Y Howard N Hudgens N Hudson, H N Hudson, N

N Hugley Y Irvin
Jackson, B
N Jackson, L
James
N Jamieson N Jenkins Y Jennings
Jones Y Joyce
E Kaye
Lane
Y Lewis N Lord N Lucas N Maddox Y Mann N Manning N Martin, J N Martin, J.L Y Massey N McBee
McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish N Parsons

N Pelote Y Pinholster N Poag N Ponder N Porter
N Powell
E Purcell N Eagas N Randall N Ray N Reaves N Reece N Reed N Reese N Reichert N Rice N Richardson N Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett Y Scheid N Scott N Shanahan N Shaw N Shipp N Sholar N Sims N Sinkfield N Skipper N Smith, B N Smith, C Y Smith, C.W N Smith, L

N Smith, L.R N Smith, P N Smith, T N Smith, V N Smyre
Y Snelling
N Snow N Squires N Stallings Y Stancil N Stanley, P N Stanley-Turner N Stephens N Stokes N Stuckey N Taylor N Teague Y Teper
N Tillman N Tolbert N Trense N Turnquest N Twiggs N Unterman N Walker, L N Walker, R.L N Watson N West Y Westmoreland N Whitaker Y Wiles N Williams, J N Williams, R N Wix N Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 30, nays 139.
The amendment was lost.
The following amendment was read:
Representative Irvin of the 45th moves to amend the Committee substitute to HB 189 by adding after "intent;" on line 7 of page 1 the following:
"to provide for compensation arrangements for legal counsel in certain lawsuits;". By striking the quotation marks on line 11 of page 2 and inserting between lines 11 and 12 of page 2 the following:

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JOURNAL OF THE HOUSE

"(3) The state is prohibited from paying legal counsel any contingent fee or other compensation arrangement based upon the amount of recovery in a law suit brought on or after July 1, 1999, pursuant to paragraph (2) of this subsection or pursuant to any other law which reserves to the state the authority to bring suit or recover against any product manufacturer or dealer for damages, abatement, or injunctive relief resulting from or relating to the lawful design, marketing, or sale of such product to the public.'"

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

Alien Anderson Ashe Bailey Bannister Barnard Barnes Benefield Birdsong Bohannon Bordeaux Borders Bridges Brooks Brown Buck Buckner
Bulloch Bunn Burkhalter Byrd Callaway Campbell Cash Channell Childers
Clark Coan Coleman, B Coleman, T Connell
Cooper Cox Crawford Cummings
Davis, M

Y Davis, T
N Day
N Dean N DeLoach, B N DeLoach, G N Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps
Y Evans Y Everett N Felton N Floyd Y Franklin N Golick Y Graves
N Greene
Y Grindley Y Hammontree N Hanner
Y Harbin
N Harrell N Heard N Heckstall N Hegstrom
Y Hembree
N Henson N Holland N Holmes N Houston
N Howard Y Hudgens N Hudson, H N Hudson, N

N Hugley
Y Irvin Jackson, B
N Jackson, L
James N Jamieson N Jenkins Y Jennings
N Jones
Y Joyce E Kaye
Lane Y Lewis N Lord N Lucas N Maddox
Y Mann Y Manning N Martin, J Y Martin, J.L Y Massey
N McBee
McCall N McClinton N McKinney
Millar Y Mills N Mobley N Morris N Mosley
Y Mueller N O'Neal N Orrock N Parham N Parrish
Y Parsons

N Pelote
Y Pinholster
Y Poag Y Ponder N Porter
N Powell
E Purcell N Ragas N Randall N Ray N Reaves N Reece N Reed Y Reese
N Reichert
Y Rice
Y Richardson N Roberts Y Rogers N Royal
Y Sanders Y Sauder N Scarlett Y Scheid
N Scott N Shanahan N Shaw Y Shipp N Sholar
N Sims N Sinkfield N Skipper N Smith, B
N Smith, C
Y Smith, C.W N Smith, L

Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow Squires Stallings Stancil Stanley, P Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper Tillman Tolbert Trense Turnquest Twiggs Unterman Walker, L Walker, R.L Watson West Westmoreland Whitaker Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

On the adoption of the amendment, the ayes were 54, nays 113.
The amendment was lost.
The following amendment was read:
Representative Joyce of the 1st moves to amend the Committee substitute to HB 189 as follows: Page 1, line 19 remove "." and insert the following:
"and that the right to keep and bear arms uninfringed is guaranteed by Article 1, Section I, Paragraph VIII of the State Constitution, and by the second amendment to the U. S. Constitution."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

FRIDAY, JANUARY 29, 1999

187

N Alien
Anderson
N Ashe N Bailey Y Bannister
Barnard
N Barnes N Benefield N Birdsong Y Bohannon N Bordeaux N Borders Y Bridges N Brooks Y Brown N Buck N Buckner N Bulloch Y Bunn E Burkhalter
N Byrd
Y Callaway Y Campbell Y Cash N Channell N Childers
Y Clark Y Coan Y Coleman, B N Coleman, T N Connell N Cooper N Cox N Crawford N Cummings Y Davis, M

N Davis, T N Day N Dean N DeLoach, B Y DeLoach, G Y Dix
N Dixon
N Dodson N Dukes Y Ehrhart N Epps
Y Evans
Y Everett N Felton N Floyd Y Franklin N Golick
Y Graves
N Greene Y Grindley Y Hammontree N Hanner N Harbin N Harrell N Heard N Heckstall N Hegstrom
Y Hembree N Henson N Holland N Holmes N Houston N Howard
Y Hudgens N Hudson, H N Hudson, N

N Hugley Y Irvin
Jackson, B
N Jackson, L
James
N Jamieson N Jenkins Y Jennings N Jones Y Joyce E Kaye
Lane
Y Lewis N Lord N Lucas N Maddox Y Mann N Manning N Martin, J N Martin, J.L Y Massey N McBee
McCall
N McClinton N McKinney N Millar Y Mills
N Mobley N Morris N Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish N Parsons

N Pelote Y Pinholster
N Poag Y Ponder N Porter Y Powell E Purcell N Ragas N Randall N Ray N Reaves N Reece N Reed Y Reese N Reichert Y Rice Y Richardson
N Roberts
Y Rogers N Royal Y Sanders N Sauder Y Scarlett Y Scheid
N Scott N Shanahan N Shaw N Shipp N Sholar N Sims N Sinkfield N Skipper N Smith, B N Smith, C Y Smith, C.W N Smith, L

N Smith, L.R N Smith, P
Smith, T
Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings
Y Stancil N Stanley, P N Stanley-Turner N Stephens N Stokes N Stuckey N Taylor N Teague Y Teper N Tillman N Tolbert N Trense N Turnquest N Twiggs N Unterman N Walker, L Y Walker, R.L
N Watson N West Y Westmoreland N Whitaker Y Wiles Y Williams, J
N Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 51, nays 118.

The amendment was lost.

The following amendment was read:

Representative Franklin of the 39th moves to amend the Committee substitute to HB 189 as follows:
Line 21 page 1 insert after "design,"

"manufacture,"

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

N Alien
Anderson
N Ashe N Bailey N Bannister N Barnard N Barnes N Benefield N Birdsong Y Bohannon
N Bordeaux N Borders Y Bridges N Brooks

Y Brown N Buck N Buckner N Bulloch Y Bunn
E Burkhalter N Byrd Y Callaway Y Campbell Y Cash
N Channel! N Childers Y Clark Y Coan

N Coleman, B N Coleman, T N Connell N Cooper N Cox N Crawford N Gummings Y Davis, M N Davis, T N Day N Dean N DeLoach, B N DeLoach, G N Dix

N Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans Y Everett
N Felton N Floyd Y Franklin N Golick N Graves N Greene
Y Grindley

N Hammontree

N Hanner

N Harbin

N Harrell

N Heard N Heck,"'

N Her

Y N

.?
at.rm

iowaT>(^

Hudgcxio

188
N Hudson, H N Hudson, N N Hugley
y Irvin
Jackson, B N Jackson, L
James N Jamieson N Jenkins Y Jennings
Jones Y Joyce E Kaye
Lane Y Lewis N Lord N Lucas N Maddox Y Mann N Manning N Martin, J N Martin, J.L

JOURNAL OF THE HOUSE

Y Massey N McBee
McCall N McClinton N McKinney
Y Millar Y Mills N Mobley N Morris N Mosley Y Mueller N O-Neal
N Orrock N Parham N Parrish N Parsons N Pelote Y Pinholster N Poag Y Ponder N Porter N Powell

E Purcell
N Ragas N Randall N Ray N Reaves
N Reece N Reed
N Reese N Reichert Y Rice Y Richardson N Roberts N Rogers N Royal Y Sanders N Sauder Y Scarlett Y Scheid N Scott N Shanahan N Shaw N Shipp

N Sholar N Sims N Sinkfield
N Skipper N Smith, B N Smith, C Y Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T N Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley, P N Stanley-Turner N Stephens N Stokes

N Stuckey N Taylor
N Teague Y Teper N Tillman N Tolbert Y Trense N Turnquest N Twiggs N Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland N Whitaker Y Wiles Y Williams, J N Williams, R N Wix N Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 42, nays 127.

The amendment was lost. The Committee substitute was adopted.

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

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

N Alien

Y Crawford

Anderson

Y Cummings

Y Ashe

Y Davis, M

Y Bailey

Y Davis, T

Y Bannister

Y Day

Y Barnard

N Dean

Y Barnes

Y DeLoach, B

Y Benefield

Y DeLoach, G

Y Birdsong

Y Dix

Y Bohannon

Y Dixon

N Bordeaux

Y Dodson

Y Borders

N Dukes

Y Bridges

Y Ehrhart

Brooks

Y Epps

Brown

Y Evans

3uck

Y Everett

ickner

Y Felton

loch

Y Floyd

Y Franklin

yJter

Y Golick

V

Y Graves

r Q. v Chi^

Y Greene Y Grindley

* Clark

Y

y Coa"

Y

J Colenan^ TBR YyV

* Connell

* Cooper

Hammontree Hanner
Harbin
Harrell Heard Heckstall

y Cox

i?gstrom Y -bree

n

N Holmes Y Houston
Howard Y Hudgens Y Hudson, H Y Hudson, N
N Hugley Y Irvin
Jackson, B Y Jackson, L
James Y Jamieson
Y Jenkins Y Jennings Y Jones Y Joyce E Kaye
Lane Y Lewis Y Lord Y Lucas Y Maddox
Y Mann Y Manning N Martin, J Y Martin, J.L
Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills

N Mobley Y Morris Y Mosley Y Mueller Y O'Neal
N Orrock Y Parham Y Parrish Y Parsons N Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell E Purcell
Y Ragas
Y Randall Y Ray Y Reaves Y Reece
N Reed Y Reese Y Reichert Y Rice
Y Richardson N Roberts Y Rogers
Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid

Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims N Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V
N Smyre
Y Snelling Y Snow N Squires Y Stallings Y Stancil
Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes N Stuckey N Taylor N Teague N Teper Y Tillman Y Tolbert Y Trense

N Turnquest Y Twiggs Y Unterman

FRIDAY, JANUARY 29, 1999

Y Walker, L Y Walker, R.L Y Watson

Y West Y Westmorland Y Whitaker

Y Wiles Y Williams, J Y Williams, R

189
Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 146, nays 25. The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Smyre of the 136th 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 101 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 26. By Representatives Franklin of the 39th, Irvin of the 45th and Martin of the 47th:
A resolution honoring Mrs. James M. Heiskell and inviting her to appear before the House of Representatives.
HR 51. By Representatives Cooper of the 31st, Kaye of the 37th, Franklin of the 39th, Golick of the 30th, Sauder of the 29th and others:
A resolution commending George Walton Comprehensive High School and inviting Principal John Flatt and representatives of the student government to appear before the House of Representatives.
HR 63. By Representatives Mosley of the 171st and Byrd of the 170th:
A resolution commending the Wayne County High School Lady Jackets Softball team and inviting the team to appear before the House of Representatives.
HR 91. By Representatives Jennings of the 63rd, Felton of the 43rd, Bunn of the 74th, Harrell of the 62nd and Hegstrom of the 66th:
A resolution recognizing February 3, 1999, as "Girls and Women in Sports Day" and commending and inviting Georgia's outstanding female athletes to appear before the House of Representatives.
HR 100. By Representatives Purcell of the 147th and Murphy of the 18th:
A resolution commending the 4-H Clubs of Georgia, recognizing the observance of 4-H Day at the state capitol, and inviting Dr. Roger C. (Bo) Ryles to appear before the House of Representatives.
HR 101. By Representative Coleman of the 142nd:
A resolution commending Trayvis Manuel and inviting him to appear before the House of Representatives.
The following Resolutions of the House were read and adopted:

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HR 158. By Representatives Murphy of the 18th, Walker of the 141st, Skipper of the 137th, Sims of the 167th, Ashe of the 46th and others:
A resolution concerning an agreement between the Speakers of the Georgia House of Representatives and the Colorado House of Representatives relating to the consequences of the Atlanta Falcons' impending Super Bowl victory over the Denver Broncos.
HR 159. By Representative Ray of the 128th:
A resolution commending John Maddox IV.
HR 160. By Representative Dukes of the 161st:
A resolution commending Madia Cooper.
Pursuant to HR 8, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 1, 1999.

MONDAY, FEBRUARY 1, 1999

191

Representative Hall, Atlanta, Georgia Monday, February 1, 1999

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 E Bannister Barnes Benefield Birdsong E Bohannon Borders Bridges Brooks Brown Buck Bulloch Bunn E Burkhalter Byrd Callaway Campbell Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell Cooper Cox

Crawford Cummings Davis, M Davis, T DeLoach, B DeLoach, G Dixon Dodson Ehrhart Everett Felton Floyd Franklin Golick Graves Greene Grindley Hammontree Harbin Harrell Heard Hembree Holland Howard Hudgens Hudson, H Hudson, N Hugley

Jackson, B Jackson, L James Jennings Kaye Lewis Lord Lucas Maddox Mann Manning Martin, J Massey McBee McClinton Millar Mills Morris Mosley Mueller OTSteal Orrock Parham Parrish Parsons Pelote Pinholster

Porter Purcell Ragas Randall Ray Reaves Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B

Smith, C Smith, C.W Smith, L Smith, L.R Smith, P Smith, V Snelling Snow Squires Stallings Stancil Stephens Stokes Stuckey Taylor Teper Tillman Tolbert Unterman Walker, L Watson West Westmoreland Whitaker Wiles Wix Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Jamieson of the 22nd, Dukes of the 161st, Buckner of the 95th, Houston of the 166th, Ponder of the 160th, Irvin of the 45th, Evans of the 28th, Hegstrom of the 66th, Walker of the 87th, Hanner of the 159th, Powell of the 23rd, Trense of the 44th, Joyce of the 1st, Heckstall of the 55th, Yates of the 106th, Smith of the 169th, Mobley of the 69th, Smyre of the 136th, Anderson of the 116th, Bordeaux of the 151st, Henson of the 65th, Turnquest of the 73rd, Martin of the 145th, Dix of the 76th, Alien of the 117th and McCall of the 90th.
They wish to be recorded as present.
Prayer was offered by the Reverend Gerald D. (Jay) Reppert, Jr., Pastor, Rochelle United Methodist Church, Rochelle, Georgia.
The members pledged allegiance to the flag.
Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

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By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 361. By Representatives Coleman of the 80th, Benefield of the 96th, Coleman of
the 142nd, Parrish of the 144th, Channell of the lllth and others: A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Southeastern Railway Museum as the official state transportation history museum.
Referred to the Committee on Transportation.
HB 362. By Representatives Dix of the 76th, Reichert of the 126th and Smith of the 102nd: A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to change certain references relating to cruelty to animals; to include a certain reference relating to animal fighting; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to revise comprehensively the law relating to the offense of cruelty to animals.
Referred to the Committee on Special Judiciary.
HB 363. By Representatives Stephens of the 150th, Martin of the 145th and Scarlett of the 174th: A bill to amend Code Section 40-6-181 of the Official Code of Georgia Annotated, relating to maximum speed limits, so as to raise certain speed limits; to provide different speed limits for trucks on certain highways.
Referred to the Committee on Motor Vehicles.
HB 364. By Representatives Stephens of the 150th, Irvin of the 45th, Stancil of the 16th, Pinholster of the 15th, Graves of the 125th and others: A bill to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem tax exemptions, so as to

MONDAY, FEBRUARY 1, 1999

193

provide for an exemption for all tangible personal property consisting of inventory of a small business taxpayer.
Referred to the Committee on Ways & Means.

HB 365. By Representative Connell of the 115th:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to exemption of property from ad valorem taxation, so as to provide an ad valorem tax exemption for all property of any nonprofit home for the physically disabled used in connection with its operation when the home for the physically disabled has no stockholders and no income or profit which is distributed to or for the benefit of any private person.
Referred to the Committee on Ways & Means.

HB 366. By Representatives Martin of the 47th, Alien of the 117th, Teper of the 61st and Stuckey of the 67th:
A bill to amend Article 1 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, the Revised Code of 1998, relating to general provisions relative to descent and distribution, so as to repeal a provision prohibiting the father and other paternal kin from inheriting from or through a child born out of wedlock if the father failed or refused to treat the child openly as his own or to provide support for the child.
Referred to the Committee on Judiciary.

HB 367. By Representatives Henson of the 65th, Teper of the 61st, Stuckey of the 67th, Ragas of the 64th, Brooks of the 54th and others:
A bill to amend Code Section 12-3-193 of the Official Code of Georgia Annotated, relating to membership of the Stone Mountain Memorial Association, so as to provide for appointment of certain members by the Recreational Authorities Overview Committee.
Referred to the Committee on State Institutions & Property.

HB 368. By Representatives Bohannon of the 139th, Walker of the 141st, Day of the 153rd and Ray of the 128th:
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 wholly by a resident or nonresident member of the United States armed forces or jointly by a resident or nonresident member of the United States armed forces and resident or nonresident family members.
Referred to the Committee on Ways & Means.

HB 369. By Representatives Martin of the 47th, Bordeaux of the 151st, Alien of the 117th and Teper of the 61st:
A bill to amend Part 2 of Article 5 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to venue regarding business corporations, so as to change venue provisions relating to corporations.
Referred to the Committee on Judiciary.

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HB 370. By Representatives Martin of the 47th, Alien of the 117th and Teper of the 61st:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions relative to venue, so as to change venue provisions for cases involving certain joint or joint and several defendants residing in different counties.
Referred to the Committee on Judiciary.

HB 371. By Representatives Martin of the 47th, Tolbert of the 25th, Alien of the 117th, Teper of the 61st, Wiles of the 34th and others:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the superior courts, so as to change provisions relating to the employment of law clerks and court administrators; to change law clerks to law assistants.
Referred to the Committee on Judiciary.

HB 372. By Representatives James of the 140th and Walker of the 141st:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to substantially revise and restate the law governing the licensure and regulation of veterinarians.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 373. By Representatives Cash of the 108th, Tolbert of the 25th, Sanders of the 107th, Smith of the 109th and Watson of the 70th:
A bill to amend Code Section 21-2-384 of the Official Code of Georgia Annotated, relating to preparation and delivery of absentee ballots and supplies, the mailing of absentee ballots, oaths of absentee electors and persons assisting absentee electors, master lists of ballots sent, and challenges, so as to provide that no absentee ballot shall be issued or mailed by the registrars after 5:00 P.M. on the Friday immediately prior to a primary or election.
Referred to the Committee on Governmental Affairs.

HB 374. By Representatives Orrock of the 56th, Williams of the 114th, Trense of the 44th, Coleman of the 142nd, Skipper of the 137th and others:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for legislative findings; to require health insurers to provide coverage for any prescription drug or device approved for use as a contraceptive.
Referred to the Committee on Insurance.

HB 375. By Representatives Channell of the lllth, Williams of the 114th, Coleman of the 142nd, Trense of the 44th and Parrish of the 144th:
A bill to amend Article 6 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the Indigent Care Trust Fund, so as to provide that moneys from the fund shall be used only in accordance with law.
Referred to the Committee on Appropriations.

MONDAY, FEBRUARY 1, 1999

195

HB 376. By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th:
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.
Referred to the Committee on Motor Vehicles.

HB 377. By Representatives Franklin of the 39th, Yates of the 106th, Wiles of the 34th, Rice of the 79th, Dodson of the 94th and others:
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 motor vehicle drivers' licenses, so as to provide for seizure, suspension, and revocation of drivers' licenses for certain conduct; to provide that persons convicted of certain offenses shall not be licensed again.
Referred to the Committee on Motor Vehicles.

HB 378. By Representatives Porter of the 143rd and Coleman of the 142nd: A bill to create the Dublin-Laurens County Recreation Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 379. By Representatives Ragas of the 64th and Martin of the 47th:
A bill to amend Code Section 2-7-99 and other provisions of the Official Code of Georgia Annotated, so as to provide for including the social security number of the applicant on applications for licensure; to provide for withholding child support from income and earnings in certain circumstances.
Referred to the Committee on Judiciary.

HB 380. By Representatives Martin of the 47th, Alien of the 117th and Teper of the 61st:
A bill to amend Code Section 31-36-10 of the Official Code of Georgia Annotated, relating to the form of a power of attorney for health care and powers authorized, so as to repeal the provision for including the notice paragraph at the beginning of the form for substantial compliance with the form set out in such Code section.
Referred to the Committee on Judiciary.

HB 381. By Representatives McClinton of the 68th, McKinney of the 51st, Dean of the 48th, Martin of the 47th, Orrock of the 56th and others:
A bill to amend Chapter 88 of Title 36 of the Official Code of Georgia Annotated, the "Enterprise Zone Employment Act of 1997," so as to provide that new residential construction and residential rehabilitation shall be qualified business enterprises for purposes of Chapter 36; to change the definition of business enterprise; to change certain provisions regarding ad valorem tax exemptions.
Referred to the Committee on State Planning & Community Affairs.

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JOURNAL OF THE HOUSE

HB 382. By Representatives Unterman of the 84th, Ehrhart of the 36th, Coleman of the 142nd, Coleman of the 80th and Channell of the lllth:
A bill to amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to rules and regulations applicable to the operation of bingo games and sessions, so as to change the amount of prizes in cash or gifts of equivalent value that a nonprofit, tax-exempt organization may award during a bingo session during any calendar day.
Referred to the Committee on Industry.

HB 383. By Representatives Trense of the 44th, Royal of the 164th and Campbell of the 42nd:
A bill to amend Code Section 48-2-44 of the Official Code of Georgia Annotated, relating to penalty and interest on willful failure to pay ad valorem tax, so as to authorize each county and municipal governing authority, by resolution or ordinance, to apply a penalty of 10 percent immediately upon such ad valorem tax becoming delinquent.
Referred to the Committee on Ways & Means.

HB 384. By Representatives Henson of the 65th, Teper of the 61st, Stuckey of the 67th, Ragas of the 64th, Brooks of the 54th and others:
A bill to amend Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the "Stone Mountain Memorial Association Act," so as to provide for the purposes of the association; to provide for required provisions of certain contracts with the association; to create the association improvement fund and provide for expenditure of revenues of such fund.
Referred to the Committee on State Institutions & Property.

HB 385. By Representatives Henson of the 65th, Teper of the 61st, Stuckey of the 67th, Royal of the 164th, Ashe of the 46th and others:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that Georgia taxable net income of an individual taxpayer shall not include income which is attributable directly to funds or benefits received or recovered with respect to a settlement disbursement from foreign financial institutions to survivors of the Holocaust or heirs of deceased victims of the Holocaust.
Referred to the Committee on Ways & Means.

HB 386. By Representative Callaway of the 81st:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances and sureties, so as to provide for the licensing and regulation of bail enforcement agents.
Referred to the Committee on Special Judiciary.

HB 387. By Representatives Callaway of the 81st, Bridges of the 9th, Jenkins of the 110th, Williams of the 83rd, Rice of the 79th and others:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide for a new class of license to carry a pistol or revolver; to

MONDAY, FEBRUARY 1, 1999

197

provide that such class of license shall be known as the specially trained handgun license.
Referred to the Committee on Public Safety.
HB 388. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st: A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to require certain tobacco product manufacturers to establish and make deposits into certain escrow accounts.
February 1, 1999
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 388. This notice is made prior to or upon reading the bill the first time.

1st Charlie Smith, Jr. Representative 175th District
Referred to the Committee on Ways & Means.
HR 161. By Representative Lewis of the 14th: A resolution compensating Mr. Frank Martin.
Referred to the Committee on Appropriations.
HR 162. By Representatives Walker of the 87th and Unterman of the 84th: A resolution designating the Major General Thomas Wayne Robison Memorial Highway.
Referred to the Committee on Transportation.
HR 163. By Representative Lewis of the 14th: A resolution compensating Mr. Kevin Todd Hampton.
Referred to the Committee on Appropriations.
HR 164. By Representative Lewis of the 14th: A resolution compensating Mr. Tony Pilcher.
Referred to the Committee on Appropriations.
HR 165. By Representative Crawford of the 129th: A resolution designating the J. Irvin Hendricks Highway.
Referred to the Committee on Transportation.
HR 166. By Representative Whitaker of the 7th: A resolution designating the Andrew Jackson Ash Memorial Bridge.
Referred to the Committee on Transportation.

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HR 167. By Representatives McKinney of the 51st, Brooks of the 54th, Ashe of the 46th, Teper of the 61st, Watson of the 70th and others: A resolution to create the Metropolitan Atlanta Rapid Transit Overview Committee.
Referred to the Committee on Rules.
HR 168. By Representatives Stephens of the 150th and Graves of the 125th: A resolution proposing an amendment to the Constitution so as to provide for four-year terms of office for members of the Georgia Senate.
Referred to the Committee on Rules.
HR 169. By Representative Rogers of the 20th: A resolution authorizing the conveyance of certain state owned real property located in Hall County.
Referred to the Committee on State Institutions & Property.

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

HB 20 HB 21 HB 318 HB 319 HB 320 HB 321 HB 322 HB 323 HB 324
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HB 344 HB 345 HB 346 HB 347 HB 348 HB 349 HB 350 HB 351 HR 0=2

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HR 125

HR 126

HR 151

HR 152

HR 153

HR 154

HR 155

HR 157

SB 3

SB 20

Representative Floyd of the 138th District, Vice-Chairman of the Committee on Agriculture & Consumer Affairs, submitted the following report:

MONDAY, FEBRUARY 1, 1999

199

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 148 Do Pass, by Substitute
Respectfully submitted, /s/ Floyd of the 138th
Vice-Chairman

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

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 286 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman
By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:
HB 286. By Representatives Roberts of the 162nd, Everett of the 163rd and Dukes of the 161st:
A bill to amend an Act providing for the Joint County-Municipal Board of Registration and Elections for Dougherty County and the City of Albany, so as to provide for staggered terms of office for members of said joint 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 127, 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 39. By Senators Madden of the 47th, Golden of the 8th and Crotts of the 17th: 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 cross appeals to the appellate division of the State Board of Workers' Compensation within 30 days of the notice of award by the administrative law judge; to authorize the board to review the status of a self-insured employer after the self-insured employer has been involved in a merger or acquisition.

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JOURNAL OF THE HOUSE

HB 32. By Representative Poag of the 6th:
A bill to provide a homestead exemption from Murray 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 134. By Representatives Randall of the 127th, Lucas of the 124th, Graves of the 125th and Reichert of the 126th:
A bill to authorize the funding of a Joint Unification Study Commission created by the governing authorities of Bibb County and the City of Macon.
By unanimous consent, the following Bill of the Senate was read the first time and referred to the committee:
SB 39. By Senators Madden of the 47th, Golden of the 8th and Crotts of the 17th:
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 cross appeals to the appellate division of the State Board of Workers' Compensation within 30 days of the notice of award by the administrative law judge; to authorize the board to review the status of a self-insured employer after the self-insured employer has been involved in a merger or acquisition.
Referred to the Committee on Industrial Relations.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on State Institutions and Property and referred to the Committee on Judiciary:
HB 118. By Representative Barnard of the 154th:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to declare offenders who are confined in state correctional institutions to be indebted to the state for the cost of incarceration in certain circumstances and for specific purposes.
Representative Sanders of the 107th 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.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 56. By Representatives Buck of the 135th, Royal of the 164th and Jamieson of the 22nd:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provisions of federal law into Georgia law.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Alien
Anderson
Y Ashe Y Bailey E Bannister Y Barnard
Barnes
Benefield
Birdsong
E Bohannon Y Bordeaux Y Borders
Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn E Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

MONDAY, FEBRUARY 1, 1999

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon
Y Dodson Y Dukes Y Ehrhart E Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Hanner
Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley
Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins
Y Jennings Y Jones Y Joyce E Kaye
Lane Y Lewis Y Lord Y Lucas Y Maddox
Y Mann Y Manning Y Martin, J
Martin, J.L Y Massey Y McBee
McCall Y McClinton
McKinney
Y Millar Y Mills
Mobley Y Morris
Y Mosley Y Mueller Y O'Neal Y Orrock
Y Parham Y Parrish Y Parsons

Pelote Pinholster Poag Ponder
Porter
Powell Purcell
Ragas
Randall
Ray Reaves Reece
Reed
Reese
Reichert Rice Richardson
Roberts Rogers Royal Sanders
Sauder Scarlett Scheid Scott
Shanahan Shaw Shipp Sholar Sims
Sinkfield
Skipper Smith, B Smith, C Smith, C.W
Smith, L

201
Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow Squires Stallings Stancil Stanley, P Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper Tillman Tolbert Trense Turnquest Twiggs Unterman Walker, L Walker, R.L Watson West Westmoreland Whitaker Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

On the passage of the Bill, the ayes were 149, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Representative Smith of the 91st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 135. By Representatives Smith of the 109th, Howard of the 118th, Bordeaux of the 151st, Mann of the 5th, Coan of the 82nd and others: 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 cross appeals to the appellate division of the State Board of Workers' Compensation within 30 days of the notice of award by the administrative law judge; to authorize the board to review the status of a self-insured employer after the self-insured employer has been involved in a merger or acquisition.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide for cross appeals to the appellate division of the State Board of Workers' Compensation within 30 days of the notice of award by the administrative law judge; to authorize the board to review the status of a self-insured employer after the self-insured employer has been involved in a merger or acquisition; to authorize the board to appoint guardians of minor or legally incompetent persons in limited circumstances; to empower the board to order a reimbursement of the overpayment

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of income benefits to a claimant; to increase the maximum amounts of temporary total disability benefits and temporary partial disability benefits paid to a claimant; to increase the amount paid for burial expenses; 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 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking in its entirety subsection (a) of Code Section 34-9-103, relating to appeals of decisions by the State Board of Workers' Compensation, and inserting in lieu thereof the following:
"(a) Any party dissatisfied with a decision of an administrative law judge of the trial division of the State Board of Workers' Compensation may appeal that decision to the appellate division of the State Board of Workers' Compensation which shall have original appellate jurisdiction in all workers' compensation cases. If an An application for review is made to the appellate shall be made to the appellate division within 20 days of notice of the award. The appellee may institute cross appeal by filing notice thereof within 30 days of the notice of the award. If a timely application for review, cross appeal, or both, is made to the appellate division, the appellate division shall review the evidence and shall then make an award with findings of fact and conclusions of law. A copy of the award so made on review shall immediately be sent to the parties at dispute. Upon review, the appellate division may remand to an administrative law judge in the trial division any case before it for the purpose of reconsideration and correction of apparent errors and omissions and issuance of a new award, with or without the taking of additional evidence, or for the purpose of taking additional evidence for consideration by the appellate division in rendering any decision or award in the case. The findings of fact made by the administrative law judge in the trial division shall be accepted by the appellate division where such findings are supported by a preponderance of competent and credible evidence contained within the records."
SECTION 2.
Said chapter is further amended by striking in its entirety Code Section 34-9-127, relating to the issuance by the board of certificates of self-insurance, and inserting in lieu thereof the following:
"34-9-127.

(a) Whenever an employer has complied with those provisions of Code Section 34-9121 relating to self-insurance, the board shall issue to such employer a certificate which shall remain in force for a period fixed by the board.; but the board
(b) The board shall have the authority to review the self-insured status of an employer after a merger or acquisition involving the employer.
(c) The board may, upon at least 60 days' notice to the employer and after a hearing, revoke the certificate upon satisfactory evidence for such revocation having been presented. At any time after such revocation, the board may grant a new certificate to the employer upon his petition."
SECTION 3.
Said chapter is further amended by striking in its entirety subsection (f) of Code Section 34-9-200.1, relating to rehabilitation benefits and suppliers, and inserting in lieu thereof the following:

MONDAY, FEBRUARY 1, 1999

203

"(f) Any rehabilitation supplier shall hold one of the following certifications or licenses:
(1) Certified Rehabilitation Counselor (CRC);
(2) Certified Disability Management Specialist (CDMS);
(3) Certified Rehabilitation Registered Nurse (CRRN);
(4) Work Adjustment and Vocational Evaluation Specialist (WAVES); or
(5) Licensed Professional Counselor (LPC)
and shall be registered with the State Board of Workers' Compensation. The board shall have the authority to refuse to register an applicant as a. rehabilitation supplier, to remove a rehabilitation supplier from a case, to require corrective actions of a rehabilitation supplier, to assess penalties as provided under Code Section 34-0 21 34-9-18 against a rehabilitation supplier, or to suspend or revoke the board registration of a rehabilitation supplier for failure to comply with this chapter or the rules and regulations of the board or the standards of ethics of the applicable licensing or certifying body. Revocation of registration shall be determined in a hearing before an administrative law judge and an adverse decision may be appealed as provided under Code Sections 34-9-103 and 34-9-105. The board may establish by rule based upon recognized qualifications, educational standards, and competency in the field of rehabilitation suppliers, as determined and set out by the board, those persons who will be authorized to provide rehabilitation services to injured employees under this chapter."
SECTION 4. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 34-9-221, relating to the procedure for the payment of compensation, and inserting in lieu thereof the following:
"(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 application 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 or of Code Section 34-9-127."
SECTION 5. Said chapter is further amended by striking in its entirety Code Section 34-9-226, relating to the appointment of a guardian for a minor or incompetent claimant, and inserting in lieu thereof the following:
"34-9-226.

(a) After July 1, 1006 Except as provided in this Code section, the only person capable of representing a minor or legally incompetent claimant entitled to workers' compensation benefits shall be a guardian duly appointed and qualified by the probate court of the county of residence of such minor or legally incompetent person. Said guardian shall be required to file with the board a copy of the guardianship returns filed annually with the probate court and give notice to all parties within 30 days of any change
in status.

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(b) The board shall have authority in and shall establish procedures for appointing temporary guardians for purposes of administering workers' compensation rights and benefits without such guardian becoming the legally qualified guardian of any other property, without such guardian's actions being approved by a court of record, and without the posting of a bond, in only the following circumstances:
(1) The board may, in its discretion, authorize and appoint a temporary guardian of a minor or legally incompetent person to receive and administer weekly income benefits on behalf of and for the benefit of said minor or legally incompetent person for a period not to exceed 52 weeks unless renewed or extended by order of the board;
(2) The board may, in its discretion, authorize and appoint a temporary guardian of a minor or legally incompetent person to compromise and terminate any claim and receive any sum paid in settlement for the benefits and use of said minor or legally incomppeetteent person where the net settlement amount approved by the board is less than $255,,00000; and
(3) If a minor or legally incompetent person does not have a duly appointed representative or guardian, the board may, in its discretion, appoint a guardian ad litem to bring or defend an action under the Workers' Compensation Act in the name of and for the benefit of said minor or legally incompetent person to serve for a period not to exceed 52 weeks, unless renewed or extended by order of the board. However, no guardian ad litem appointed pursuant to this Code section shall be permitted to receive the proceeds from any such action except as provided in subsections (a) and (b) of this Code section and the board shall have the authority to determine compensation, if any, for any guardian ad litem appointed pursuant to this Code section."
SECTION 6.
Said chapter is further amended by inserting at the end of Part 3 of Article 6, relating to payment of compensation, a new Code Section 34-9-245 to read as follows:
"34-9-245.

Should the board find that a claimant has received an overpayment of income benefits from the employer, for any reason, the board shall have the authority to order repayment on terms acceptable to the parties or within the discretion of the board. No claim for reimbursement shall be allowed where the application for reimbursement is filed more than two years from the date such overpayment was made."
SECTION 7.
Said chapter is further amended by striking Code Section 34-9-261, relating to compensation for total disability, and inserting in lieu thereof the following:
"34-9-261.

While the disability to work resulting from an injury is temporarily total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to twothirds of the employee's average weekly wage but not more than $326.00 $350.00 per week nor less than $32.60 $35.00 per week, except that when the weekly wage is below $32.60 35.00 the employer shall pay a weekly benefit equal to the average weekly wage. The weekly benefit under this Code section shall be payable for a maximum period of 400 weeks from the date of injury; provided, however, in the event of a catastrophic injury as defined in subsection (g) of Code Section 34-9-200.1, the weekly benefit under this Code section shall be paid until such time as the employee undergoes a change in condition for the better as provided in paragraph (1) of subsection (a) of Code Section 34-9-104."

MONDAY, FEBRUARY 1, 1999

205

SECTION 8.
Said chapter is further amended by striking Code Section 34-9-262, relating to compensation for temporary partial disability, and inserting in lieu thereof the following:
"34-9-262.
Except as otherwise provided in Code Section 34-9-263, where the disability to work resulting from the injury is partial in character but temporary in quality, the employer shall pay or cause to be paid to the employee a weekly benefit equal to twothirds of the difference between the average weekly wage before the injury and the average weekly wage the employee is able to earn thereafter, but not more than $216.67 $233.33 per week for a period not exceeding 350 weeks from the date of injury."
SECTION 9.
Said chapter is further amended by striking in its entirety subsection (b) of Code Section 34-9-265, relating to compensation for death resulting from injury and other causes, and inserting in lieu thereof the following:
"(b) If death results instantly from an accident arising out of and in the course of employment or if during the period of disability caused by an accident death results proximately therefrom, the compensation under this chapter shall be as follows:
(1) The employer shall, in addition to any other compensation, pay the reasonable expenses of the employee's laat aickncoa and burial expenses not to exceed $6,000.00 $7,500.00. If the employee leaves no dependents, this shall be the only compensation;
(2) The employer shall pay the dependents of the deceased employee, which dependents are wholly dependent on his or her earnings for support at the time of the injury, a weekly compensation equal to the compensation which is provided for in Code Section 34-9-261 for total incapacity;
(3) If the employee leaves dependents only partially dependent on his or her earnings for their support at the time of the injury, the weekly compensation for these dependents shall be in the same proportion to the compensation for persons wholly dependent as the average amount contributed weekly by the deceased to the partial dependents bears to the deceased employee's average weekly wages at the time of the injury;
(4) When weekly payments have been made to an injured employee before his or her death, compensation to dependents shall begin on the date of the last of such payments; but the number of weekly payments made to the injured employee under Code Section 34-9-261, 34-9-262, or 34-9-263 shall be subtracted from the maximum 400 week period of dependency of a spouse provided by Code Section 34-9-13; and in no case shall payments be made to dependents except during dependency."
SECTION 10.
All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

206
Alien Y Anderson Y Ashe Y Bailey E Bannister Y Barnard Y Barnes Y Benefield
Birdsong E Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn E Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

JOURNAL OF THE HOUSE

Y Davis, T Y Day
Dean Y DeLoach, B
Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart E Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce E Kaye
Lane Y Lewis Y Lord
Lucas
Y Maddox Y Mann Y Manning Y Martin, J
Martin, J.L
Y Massey Y McBee Y McCall Y McClinton
McKinney
Y Millar Y Mills
Mobley Y Morris Y Mosley Y Mueller Y CXNeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag
Ponder
Y Porter Y Powell Y Purcell
Ragas
Eandall Y Ray Y Reaves Y Reece Y Reed
Reese 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 Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P
Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Teague Y Teper Y Tillman Y Tolbert
Y Trense
Turnquest
Twiggs
Y Unterman
Y Walker, L
Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker
Y Wiles Williams, J
Y Williams, R Y Wix
Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 153, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Skipper of the 137th assumed the Chair.

HB 167. By Representatives Royal of the 164th and Buck of the 135th:
A bill to amend Part 1 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of motor vehicles and mobile homes, so as to change certain provisions regarding the value of motor vehicles to be added to the tax digest.

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

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

Alien Y Anderson Y Ashe Y Bailey E Bannister
Y Barnard Y Barnes Y Benefield
Birdsong
E Bohannon
Y Bordeaux

Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch
Bunn E Burkhalter Y Byrd Y Callaway

Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox

Y Crawford Y Cummings
Davis, M Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson

Y Dukes Y Ehrhart E Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene

Y Grindley Y Hammontree
Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard
Y Hudgens
Y Hudson, H
Y Hudson, N
Y Hugley
Y Irvin
Y Jackson, B Y Jackson, L
Y James
Y Jamieson Y Jenkins Y Jennings

MONDAY, FEBRUARY 1, 1999

Y Jones Y Joyce Y Kaye
Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills
Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock

Parham Parrish Parsons
Pelote Pinholster Poag Ponder
Porter
Powell
Purcell Ragas Randall Ray Reaves Reece Reed
Reese
Reichert
Rice
Richardson
Roberts Rogers Royal Sanders
Sauder

Scarlett Scheid Scott
Shanahan
Shaw
Shipp Sholar Sims Sinkfield
Skipper
Smith, B Smith, C Smith, C.W Smith, L Smith, L.R Smith, P Smith, T Smith, V Smyre
Snelling
Snow Squires
Stallings Stancil
Stanley, P

207
Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper Tillman Tolbert Trense Turnquest Twiggs Unterman Walker, L Walker, R.L Watson West Westmoreland Whitaker Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

On the passage of the Bill, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed. HB 238. By Representative Squires of the 78th:
A bill to amend Code Section 21-2-170 of the Official Code of Georgia Annotated, relating to nomination of candidates by petition, form of petition, limitations as to circulation and amendment, and listing of such candidate on ballot, so as to provide that persons notarizing petitions for write-in candidacies may not also act as circulators of such petitions.
The following Committee substitute was read and adopted:
A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the disqualification and rejection of nomination and recall petitions and of petitions for paupers' affidavits and applications for recall petitions which have been notarized and circulated or signed as an elector by the same notary public; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking subsection (g) of Code Section 21-2-132, relating to qualifying petitions regarding paupers' affidavits, and inserting in lieu thereof a new subsection to read as follows:
"(g) No candidate shall be authorized to file a pauper's affidavit in lieu of paying the qualifying fee otherwise required by this Code section and Code Section 21-2-138 unless such candidate has filed a qualifying petition which complies with the following requirements:
(DA qualifying petition of a candidate seeking an office which is voted upon state wide shall be signed by a number of voters equal to one-fourth of 1 percent of the total number of registered voters eligible to vote in the last election for the filling of

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the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. A qualifying petition of a candidate for any other office shall be signed by a number of voters equal to 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. However, in the case of a candidate seeking an office for which there has never been an election or seeking an office in a newly constituted constituency, the percentage figure shall be computed on the total number of registered voters in the constituency who would have been qualified to vote for such office had the election been held at the last general election and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected;
(2) Each person signing a qualifying petition shall declare therein that he or she is a duly qualified and registered elector of the state entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition and shall add to his or her signature his or her residence address, giving municipality, if any, and county, with street and number, if any. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presentation;
(3) A qualifying petition shall be on one or more sheets of uniform size and different sheets must be used by signers resident in different counties. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the candidate to be supported by the petition, his or her profession, business, or occupation, if any, his or her place of residence with street and number, if any, the name of the office he or she is seeking, his or her political party or body affiliation, if any, and the name and date of the election in which the candidate is seeking election. If more than one sheet is used, they shall be bound together when offered for filing if they are intended to constitute one qualifying petition, and each sheet shall be numbered consecutively, beginning with number one, at the foot of each page. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, setting which affidavit must be subscribed and sworn to by such circulator before a notary public and shall set forth:
(A) His or her residence address, giving municipality with street and number, if any;
(B) That each signer manually signed his or her own name with full knowledge of the contents of the qualifying petition;
(C) That each signature on such sheet was signed within 180 days of the last day on which such petition may be filed; and
(D) That, to the best of the affiant's knowledge and belief, the signers are registered electors of the state qualified to sign the petition, that their respective residences are correctly stated in the petition, and that they all reside in the county named in the affidavit;
(4) No qualifying petition shall be circulated prior to 180 days before the last day on which such petition may be filed, and no signature shall be counted unless it was signed within 180 days of the last day for filing the same; and
(5) A qualifying petition shall not be amended or supplemented after its presentation to the appropriate officer for filing.

MONDAY, FEBRUARY 1, 1999

209

No notary public may sign the petition as an elector or serve as a circulator of any petition which he or she notarized. Any and all sheets of a petition that have the circulator's affidavit notarized by a notary public who also served as a circulator of one or more sheets of the petition or who signed one of the sheets of the petition as an elector shall be disqualified and rejected."
SECTION 2.
Said title is further amended by striking subsection (d) of Code Section 21-2-170, relating to nominating petitions, and inserting in lieu thereof a new subsection to read as follows:
"(d) A nomination petition shall be on one or more sheets of uniform size and different sheets must be used by signers resident in different counties or municipalities. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the candidate to be supported by the petition, his or her profession, business, or occupation, if any, his or her place of residence with street and number, if any, the name of the office he or she is seeking, his or her political body affiliation, if any, and the name and date of the election in which the candidate is seeking election. If more than one sheet is used, they shall be bound together when offered for filing if they are intended to constitute one nomination petition, and each sheet shall be numbered consecutively, beginning with number one, at the foot of each page. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, dotting which affidavit must be subscribed and sworn to by such circulator before a notary public and shall set forth:
(1) His or her residence address, giving municipality with street and number, if any;
(2) That each signer manually signed his or her own name with full knowledge of the contents of the nomination petition;
(3) That each signature on such sheet was signed within 180 days of the last day on which such petition may be filed; and
(4) That, to the best of the affiant's knowledge and belief, the signers are registered electors of the state qualified to sign the petition, that their respective residences are correctly stated in the petition, and that they all reside in the county or municipality named in the affidavit.
No notary public may sign the petition as an elector or serve as a circulator of any petition which he or she notarized. Any and all sheets of a petition that have the circulator's affidavit notarized by a notary public who also served as a circulator of one or more sheets of the petition or who signed one of the sheets of the petition as an elector shall be disqualified and rejected."
SECTION 3.
Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 21-4-5, relating to application for recall petitions, and inserting in lieu thereof a new paragraph to read as follows:
"(b)(l) The application shall include:
(A) The name and office of the person sought to be recalled;
(B) The printed names and signatures of the official sponsors, the date signed, residence addresses, and the name of the county of residence;

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(C) The designation of one of the sponsors as the petition chairperson who shall represent the sponsors on all matters pertaining to the recall application and petition;
(D) A statement that: __________ (name and office) has, while holding public office, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her office and adversely affects the rights and interests of the public and stating the appropriate ground or grounds for recall as set forth in subparagraph (B) of paragraph (7) of Code Section 21-4-3 with a brief statement of the fact or facts upon which the ground or grounds are based. Such statement shall be typed, printed, or reproduced by the election superintendent on the face of each application issued; and
(E)(i) An affidavit by the petition chairperson and the person circulating such recall application that each person sponsoring or signing such recall application is an elector of the electoral district of the officer sought to be recalled and that the fact or facts upon which the ground or grounds for recall are based are true.
(ii) The affidavit required by division (i) of this subparagraph shall be in the following form:
AFFIDAVIT OF CIRCULATOR AND PETITION CHAIRPERSON

State of Georgia
County of ____
Under the penalty of a violation of Code Section 16-10-71 of the Official Code of Georgia Annotated, relating to false swearing, punishable by a fine not to exceed $1,000.00 or by imprisonment of not less than one nor more than five years, or both, we the undersigned do depose and say that each person sponsoring or signing the recall application of ________ is an elector of the electoral district of the officer sought to be recalled and further depose and say that the fact or facts upon which the ground or grounds for recall are based are true.

(Signature of circulator)

(Residence address) (Number and street or route)

(City)

(Signature of petition chairperson)

(Residence address) (Number and street or route)

Subscribed and sworn to before me this ____ day of _________, 19_.

(City)

MONDAY, FEBRUARY 1, 1999

211

My commission expires on the ____ day of.

Notary public ___, Georgia

No notary public may sign the application as an elector or serve as a circulator of any application which he or she notarized. Any and all sheets of an application for a recall petition that have the circulator's affidavit notarized by a notary public who also served as a circulator of one or more sheets of the application for a recall petition or who signed one of the sheets of the petition as an elector shall be disqualified and rejected."

SECTION 4.
Said title is further amended by striking subsection (b) of Code Section 21-4-8, relating to recall petitions, and inserting in lieu thereof a new subsection to read as follows:

"(b) Every elector signing a recall petition shall do so in the presence of the person circulating the petition, who is to execute the affidavit of verification on the reverse side of the petition form. At the time of signing, the elector shall sign his name, and such elector or the person circulating the petition shall print the name of the elector below the elector's signature and shall print or write in the appropriate spaces following the signature the elector's residence address, giving number and street or route and city, the name of the county, and the date on which the elector signed the petition. No notary public may sign the petition as an elector or serve as a circulator of any petition which he or she notarized. Any and all sheets of a recall petition that have the circulator's affidavit notarized by a notary public who also served as a circulator of one or more sheets of the recall petition or who signed one of the sheets of the petition as an elector shall be disqualified and rejected."

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:

Alien Y Anderson Y Ashe Y Bailey E Bannister Y Barnard Y Barnes Y Benefield
Birdsong E Bohannon Y Bordeaux
Y Borders
Y Bridges
Y Brooks
Y Brown Y Buck Y Buckner Y Bulloch Y Bunn E Burkhalter Y Byrd
Y Callaway
Y Campbell

Cash Channel!
Childers
Clark Coan Coleman, B Coleman, T Connell Cooper Cox Crawford
Cummings Davis, M
Davis, T Day Dean DeLoach, B DeLoach, G Dix Dixon
Dodson
Dukes
Ehrhart

Epps Evans Everett Felton Floyd Franklin Golick Graves Greene Grindley Hammontree
Hanner Harbin Harrell Heard Heckstall Hegstrom Hembree Henson Holland Holmes Houston Howard

Hudgens Hudson, H Hudson, N Hugley Irvin Jackson, B Jackson, L James Jamieson Jenkins Jennings Jones Joyce Kaye Lane Lewis Lord Lucas Maddox Mann Manning Martin, J Martin, J.L

Y Massey Y McBee Y McCall
McClinton McKinney Y Millar Y Mills
Y Mobley Y Morris Y Mosley Y Mueller
Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell

212
Y Ragas Randall
Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal

JOURNAL OF THE HOUSE

Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P
Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil

Stanley, P Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Teague Y Teper Y Tillman Y Tolbert Y Trense Turnquest
Twiggs

Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles
Williams, J Y Williams, R Y Wix
Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 176. By Representatives Royal of the 164th and Buck of the 135th:
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 change certain provisions regarding property ownership qualifications.

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

On the passage Oi" the Bill, the roll call was ordered and the vote was as follows:

Alien Anderson Ashe Bailey Bannister Barnard Barnes Benefield Birdsong Bohannon Bordeaux Borders Bridges Brooks Brown Buck Buckner Bulloch Bunn Burkhalter Byrd Callaway Campbell Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell Cooper Cox Crawford Cummings Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G
Dix Y Dixon Y Dodson Y Dukes Y Ehrhart E Epps
Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye
Lane Y Lewis Y Lord Y Lucas
Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y OTSTeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag
Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed
Reese 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 Shipp Y Sholar Y Sims Y Sinkfield
Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P
Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Teague Y Teper Y Tillman Y Tolbert Y Trense Turnquest Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Williams, J Y Williams, R Wix Yates Murphy, Spkr

MONDAY, FEBRUARY 1, 1999

213

On the passage of the Bill, the ayes were 151, nays 0.

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

Representatives Smyre of the 136th and Wix of the 33rd 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 266. By Representatives DeLoach of the 172nd and Holmes of the 53rd:
A bill to amend Code Section 21-2-413 of the Official Code of Georgia Annotated, relating to conduct of voters, campaigners, and others at polling places, so as to change the age of children who may accompany their parents into the enclosed space for voting and into the voting compartment or voting booth.

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

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

Alien Anderson Ashe Bailey Bannister Barnard Barnes Benefield Birdsong Bohannon Bordeaux Borders Bridges Brooks Brown Buck Buckner Bulloch Bunn Burkhalter Byrd Callaway Campbell Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell Cooper Cox Crawford Cummings Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart E Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin N Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye
Lane Y Lewis Y Lord Y Lucas
Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Pelote Pinholster Poag
Ponder Porter Powell Purcell
Randall Ray Reaves Reece Reed Reese Reichert Rice Richardson
Roberts
Rogers
Royal Sanders Sauder Scarlett Scheid Scott Shanahan
Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L

Smith, L.R Smith, P Smith, T Smith, V Smyre
Snelling
Snow
Squires
Stallings
Stancil Stanley, P Stanley-Turner Stephens
Stokes Stuckey Taylor
Teague
Teper Tillman Tblbert Trense Turnquest Twiggs Unterman Walker, L Walker, R.L Watson West Westmoreland Whitaker Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

On the passage of the Bill, the ayes were 161, nays 1.
The Bill, having received the requisite constitutional majority, was passed. HB 140. By Representatives Reichert of the 126th, Graves of the 125th, Jones of the
71st and Epps of the 131st: A bill to amend Article 1 of Chapter 7 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding the sale of distilled

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spirits by private clubs, so as to provide for Sunday sales of other alcoholic beverages in such clubs.

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

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

Alien Anderson Ashe Bailey Bannister Barnard Barnes Benefield Birdsong Bohannon Bordeaux Borders Bridges Brooks Brown Buck Buckner Bulloch Bunn Burkhalter Byrd Callaway
Campbell Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell Cooper Cox Crawford Cummings Davis, M

Y Davis, T Y Day
Dean N DeLoach, B N DeLoach, G N Dix Y Dixon Y Dodson Y Dukes Y Ehrhart E Epps Y Evans Y Everett
Y Felton
Y Floyd N Franklin Y Golick Y Graves Y Greene Y Grindley N Hammontree Y Hanner
Y Harbin
Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson N Holland
Y Holmes
N Houston Y Howard N Hudgens Y Hudson, H Y Hudson, N

Y Hugley
Y Irvin N Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce N Kaye
Lane
N Lewis Y Lord
Y Lucas Maddox
Mann Manning Y Martin, J
Y Martin, J.L N Massey
Y McBee
McCall Y McClinton
McKinney Y Millar N Mills Y Mobley N Morris
Mosley Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster N Poag
Ponder Y Porter
Powell N Purcell
Ragas Y Randall Y Ray Y Reaves N Reece
Reed N Reese Y Reichert
Rice Richardson Y Roberts Y Rogers N Royal Y Sanders Y Sauder Y Scarlett Y Scheid N Scott Y Shanahan Y Shaw Y Shipp N Sholar Sims Y Sinkfield Skipper Y Smith, B Y Smith, C N Smith, C.W Y Smith, L

Smith, L.H Smith, P Smith, T Smith, V Smyre Snelling Snow Squires Stallings Stancil Stanley, P Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper Tillman Tolbert Trense Turnquest Twiggs Unterman Walker, L Walker, R.L Watson West Westmoreland Whitaker Wiles Williams, J Williams,, R Wix Yates Murphy, Spkr

On the passage of the Bill, the ayes were 117, nays 38.
The Bill, having received the requisite constitutional majority, was passed.
Representative Cash of the 108th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon. HB 33. By Representatives Royal of the 164th and Buck of the 135th:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to eliminate certain recording fees with respect to preferential or current use assessment of tangible real property devoted to agricultural use, bona fide conservation use property, and bona fide residential transitional property.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

MONDAY, FEBRUARY 1, 1999

215

Alien Y Anderson
Y Ashe Y Bailey E Bannister Y Barnard Y Barnes Y Benefield Y Birdsong E Bohannon Y Bordeaux
Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn E Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T
Y Day Dean
Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart E Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye
Lane Y Lewis Y Lord Y Lucas Y Maddox
Mann
Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee
McCalJ Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parhanl Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese 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 Shipp Y Sholar Y Sims Y Sinkfield
Skipper Y Smith, B 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 Squires Y Stallings Y Stancil
Stanley, P
Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest
Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following Resolutions of the House were read and adopted: HR 170. By Representative Evans of the 28th:
A resolution commending the North Forsyth High School girls softball team and inviting the team and its coaches to appear before the House of Representatives. HR 171. By Representatives Grindley of the 35th, Jenkins of the 110th and Shipp of the 38th: A resolution welcoming the American firearms industry to Georgia. HR 172. By Representatives Mueller of the 152nd, Jackson of the 148th, Day of the 153rd, Pelote of the 149th, Stephens of the 150th and others: A resolution recognizing the City of Savannah and declaring February 2, 1999, "Savannah Day" in Georgia. HR 174. By Representative Pelote of the 149th: A resolution commending Carl Solana Weeks. HR 175. By Representatives Smith of the 109th and Walker of the 87th: A resolution commending Keith Douglas.

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HR 176. By Representatives Roberts of the 162nd, Everett of the 163rd and Dukes of the 161st: A resolution commending Madia Cooper.
HR 177. By Representatives Hudson of the 156th and Scott of the 165th: A resolution commending Mr. and Mrs. Alfred E. Wilson.
HR 178. By Representatives Stancil of the 16th and Pinholster of the 15th: A resolution commending Kevin Hendrix.
HR 179. By Representatives Hembree of the 98th and Snelling of the 99th: A resolution commending the Pregnancy Resource Center of Douglasville, Georgia.
HR 180. By Representative Barnes of the 97th: A resolution commending Laurel Elaine Manross.
HR 181. By Representative Crawford of the 129th: A resolution recognizing the R. E. Lee Institute.
HR 182. By Representative Whitaker of the 7th: A resolution commending and honoring the Ellijay Apple Marketing Association and its member apple growers.
HR 183. By Representative Parrish of the 144th: A resolution commending Coy E. Youmans.
HR 184. By Representatives Smith of the 91st, Harbin of the 113th, McBee of the 88th, Taylor of the 134th, Ray of the 128th and others: A resolution recognizing and commending Debra Harden as the Georgia School Superintendent of the Year of 1998.
HR 185. By Representatives Birdsong of the 123rd, Murphy of the 18th, Walker of the 141st, Buck of the 135th, Skipper of the 137th and others: A resolution commending Major General William P. Bland, Jr.
HR 186. By Representatives Birdsong of the 123rd, Murphy of the 18th, Walker of the 141st, Buck of the 135th, Skipper of the 137th and others: A resolution commending Brigadier General Thomas L. McCullough.
HR 187. By Representative Barnes of the 97th: A resolution commending Chantell Levy.
HR 188. By Representative Barnes of the 97th: A resolution commending Adam Keith Rico.
HR 189. By Representative Barnes of the 97th: A resolution commending Casey Westbrook.
HR 190. By Representative Rogers of the 20th: A resolution commending the Gainesville Jaycees early intervention program for troubled teenage boys.
HR 191. By Representatives Brooks of the 54th, McKinney of the 51st, Lucas of the 124th, Teague of the 58th, Mobley of the 69th and others: A resolution proclaiming "Major Robert Hightower Day".
HR 192. By Representative Floyd of the 138th: A resolution commending Ms. Laura Gray.
HR 193. By Representative Tillman of the 173rd: A resolution honoring the life of the Reverend Willie Anderson, Sr.

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217

HR 194. By Representatives Purcell of the 147th, Floyd of the 138th, Greene of the 158th, Murphy of the 18th, Sims of the 167th and others: A resolution recognizing and commending Honorable Henry L. Reaves.
The following Resolution of the House was read and referred to the Committee on Rules: HR 173. By Representatives Hugley of the 133rd, Smyre of the 136th, Taylor of the
134th and Heard of the 89th: A resolution recognizing Alpha Kappa Alpha Sorority, Inc..
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and referred to the Committee on Natural Resources: HB 136. By Representatives Holmes of the 53rd, Teper of the 61st, Orrock of the
56th, Stuckey of the 67th, Brooks of the 54th and others: A bill to amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to abatement of nuisances, so as to enact "The Georgia Neighborhood Protection Act".

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

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Representative Hall, Atlanta, Georgia Tuesday, February 2, 1999

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

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

Alien Ashe Bailey Bannister Barnard Barnes Benefield Birdsong Bohannon Borders Bridges Brooks Brown Buck Buckner Bulloch Burkhalter Byrd Callaway Campbell Channell Childers Clark Coan Coleman, B Coleman, T Connell Cox Crawford

Cummings Davis, M Davis, T DeLoach, B DeLoach, G Dixon Dodson Dukes Epps Everett Felton Floyd Franklin Golick Graves Greene Grindley Hammontree Harbin Harrell Heard Heckstall Hembree Henson Holland Houston Howard Hudgens

Hudson, N Hugley Jackson, B Jackson, L James Jennings Joyce Kaye Lane Lewis Lord Mann Manning Martin, J Martin, J.L McBee McCall McKinney Millar Mills Morris Mosley Mueller O'Neal Parhara Parrish Parsons Pelote

Pinholster Poag Porter Powell Purcell Eandall Ray Reaves Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper

Smith, B Smith, C Smith, C.W Smith, L Smith, L.R Smith, P E Smith, T Smith, V Snelling Squires Stancil Stephens Stuckey Tillman Tolbert Trense Turnquest Unterman Walker, L Walker, R.L Watson West Westmoreland Whitaker Wiles Williams, R Wix Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Twiggs of the 8th, Cash of the 108th, Day of the 153rd, McClinton of the 68th, Orrock of the 56th, Dean of the 48th, Massey of the 86th, Stokes of the 92nd, Jones of the 71st, Hudson of the 120th, Hegstrom of the 66th, Mobley of the 69th, Bordeaux of the 151st, Taylor of the 134th, Jamieson of the 22nd, Teague of the 58th, Maddox of the 72nd, Jenkins of the 110th, Scheid of the 17th, Ragas of the 64th, Ponder of the 160th, Yates of the 106th, Bunn of the 74th, Teper of the 61st, Cooper of the 31st, Anderson of the 116th and Stanley-Turner of the 50th.
They wish to be recorded as present.
Prayer was offered by Dr. Steve McVey, Grace Walk Ministries, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

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219

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the committees: HB 389. By Representative Powell of the 23rd:
A bill to amend Code Section 50-21-1 of the Official Code of Georgia Annotated, relating to waiver sovereign immunity for actions ex contractu, so as to provide that sovereign immunity is not waived as to actions based upon quasi-contract, quantum meruit, or mutual departure from contract terms.
Referred to the Committee on Judiciary.
HB 390. By Representatives Harbin of the 113th, Smith of the 175th, Williams of the 114th, McBee of the 88th and Pelote of the 149th: A bill to amend Code Section 47-2-110 of the Official Code of Georgia Annotated, relating to retirement ages under the Employees' Retirement System of Georgia and related matters, so as to provide that any tax commissioner, tax collector, or tax receiver may retire under such retirement system when the total of such member's age added to his or her years of creditable service equals 75.
Referred to the Committee on Retirement.
HB 391. By Representatives Sauder of the 29th, Williams of the 114th, Harbin of the 113th, Shanahan of the 10th and Coleman of the 142nd: A bill to amend Article 2 of Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to coordinated and comprehensive service delivery by counties and municipalities, so as to provide that individual municipalities that reach agreements with a county will still be eligible for state funds and permits, and the county will be eligible for a pro rata share of such funds.
Referred to the Committee on State Planning & Community Affairs.
HB 392. By Representatives Buck of the 135th, Hanner of the 159th, Skipper of the 137th and Coleman of the 142nd: A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to provide

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for the granting of creditable service for a combination of prior service as a peace officer and prior military service.
Referred to the Committee on Retirement.
HB 393. By Representatives Buck of the 135th, Hanner of the 159th, Skipper of the 137th and Coleman of the 142nd: A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to increase a retirement benefit; to provide that where a member has chosen a spouses' survival option and the spouse predeceases the member, the member's retirement benefit shall increase to the level it would have been had the member not elected a spouses' survival option.
Referred to the Committee on Retirement.
HB 394. By Representatives Day of the 153rd, Jenkins of the 110th, Williams of the 83rd, Poag of the 6th and Stephens of the 150th: A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to change the provisions relating to the offense of fleeing or attempting to elude a police officer.
Referred to the Committee on Motor Vehicles.
HB 395. By Representatives Day of the 153rd, Jenkins of the 110th, Williams of the 83rd and Stephens of the 150th: A bill to amend Code Section 40-6-395 of the Official Code of Georgia Annotated, relating to the offenses of fleeing or attempting to elude a police officer or impersonating a law enforcement officer, so as to change the provisions relating to what constitutes a felony violation under such Code section.
Referred to the Committee on Motor Vehicles.
HB 396. By Representatives Buckner of the 95th, Taylor of the 134th, Hugley of the 133rd, Sims of the 167th and Squires of the 78th: A bill to amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the effectiveness of educational programs, so as to require local schools to prepare written action plans that address deficiencies and weaknesses identified in the public education report cards prepared by the Department of Education.
Referred to the Committee on Education.
HB 397. By Representatives Rogers of the 20th and Tolbert of the 25th: 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 an additional judge of the Northeastern Judicial Circuit.
Referred to the Committee on Judiciary.
HB 398. By Representative Shanahan of the 10th: A bill to amend Code Section 15-6-67 of the Official Code of Georgia Annotated, relating to the recording of maps and plats, so as to provide that approval of the planning commission or the appropriate municipal or county governing authority is required prior to acceptance and recording maps and

TUESDAY, FEBRUARY 2, 1999

221

plats whenever the planning commission or the appropriate municipal or county governing authority has adopted subdivision regulations or a zoning ordinance.
Referred to the Committee on Judiciary.
HB 399. By Representatives Sauder of the 29th, Walker of the 141st, Irvin of the 45th, Smyre of the 136th, Cox of the 105th and others: A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to powers of 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.
Referred to the Committee on State Planning & Community Affairs.
HB 400. By Representatives Powell of the 23rd, Teper of the 61st, Byrd of the 170th, Westmoreland of the 104th and Harbin of the 113th: A bill to amend Code Section 43-15-29 of the Official Code of Georgia Annotated, relating to exceptions to requirements for the certification of professional engineers and land surveyors, so as to change the exemption for officers and employees of the Department of Transportation.
Referred to the Committee on Industry.
HB 401. By Representatives Byrd of the 170th and Mosley of the 171st: A bill to amend Chapter 5 of Title 45 of the Official Code of Georgia Annotated, relating to vacation of office by certain public officers and employees, so as to provide a procedure for the suspension of members of local government authorities upon felony indictment by a grand jury.
Referred to the Committee on Judiciary.
HB 402. By Representatives Byrd of the 170th, Stephens of the 150th and Day of the 153rd: 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 an exception for certain volunteer firefighters to serve as a member of the governing authority of a county or municipal corporation.
Referred to the Committee on State Planning & Community Affairs.
HB 403. By Representative Whitaker of the 7th: A bill to create the Gilmer County Family Connection Commission.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 404. By Representative Whitaker of the 7th: A bill to provide for an advisory referendum election to be held in Lumpkin County for the purpose of determining whether the Lumpkin County Board of Commissioners should adopt comprehensive land use and zoning regulations for unincorporated areas of the county.
Referred to the Committee on State Planning & Community Affairs - Local.

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HB 405. By Representatives Orrock of the 56th and McClinton of the 68th:
A bill to amend Title 41 of the Official Code of Georgia Annotated, relating to nuisances, so as to provide for actions to abate and enjoin drug related nuisances.
Referred to the Committee on Judiciary.
HB 406. By Representatives Skipper of the 137th, Shanahan of the 10th, Royal of the 164th, Jamieson of the 22nd, Smith of the 12th and others:
A bill to amend Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing authorities, so as to provide for resident commissioners of city, county, and regional housing authorities in compliance with federal law.
Referred to the Committee on State Planning & Community Affairs.
HB 407. By Representatives Ehrhart of the 36th, Alien of the 117th and Wiles of the 34th:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to child custody proceedings, so as to provide for certain rights of children at least ten but less than 14 years old.
Referred to the Committee on Judiciary.
HB 408. By Representatives Barnes of the 97th, Benefield of the 96th, Dodson of the 94th and Bailey of the 93rd:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, so as to provide that trafficking in methamphetamine shall be bailable only before a judge of the superior court.
Referred to the Committee on Special Judiciary.

HB 409. By Representatives West of the 101st, Stallings of the 100th, Royal of the 164th, Ray of the 128th, Walker of the 141st and others:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from taxation, so as to provide such an exemption for certain farm equipment.

February 2, 1999
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 409. This notice is made prior to or upon reading the bill the first time.
/s/ Jack E. West Representative 101st District
Referred to the Committee on Ways & Means.

TUESDAY, FEBRUARY 2, 1999

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223

HB 410. By Representatives Tolbert of the 25th, Stephens of the 150th, Scarlett of the 174th, Day of the 153rd, Mueller of the 152nd and others:
A bill to amend Code Section 48-5-299 of the Official Code of Georgia Annotated, relating to ascertainment of taxable property, so as to change certain provisions with respect to values which are established by appeal.
Referred to the Committee on Ways & Means.
HB 411. By Representatives Watson of the 70th, Jones of the 71st and Ragas of the 64th:
A bill to amend Code Section 46-5-134 of the Official Code of Georgia Annotated, relating to the billing of telephone subscribers for iari emergency telephone number "911" system, so as to authorize the payment from an Emergency Telephone System Fund maintained by a local government of certain personnel and supply costs, the costs of leasing, purchasing, or maintaining certain equipment, the costs of training, and certain other costs.
Referred to the Committee on Industry.
HB 412. By Representatives Williams of the 83rd and Unterman of the 84th:
A bill to provide a homestead exemption from City of Snellville ad valorem taxes for city purposes, in the amount of $3,000.00 of the assessed value of the homestead for certain residents of that city who are under 65 years of age and to provide a homestead exemption from City of Snellville ad valorem taxes for city purposes, in the amount of $5,000.00 of the assessed value of that homestead for certain residents of that city who are 65 years of age or over or totally disabled.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 413. By Representatives Stuckey of the 67th, Walker of the 14:lst, Bordeaux of the 151st, Sauder of the 29th, Dix of the 76th and others:
A bill to amend Chapter 5 of Title 29 of the Official Code df Georgia Annotated, relating to guardians of incapacitated adults, so as to provide for the burden of proof and the standard for the court; to provide for termination of such an emergency guardian; to change a provision relating to compensation for guardians ad litem.
Referred to the Committee on Judiciary.
HB 414. By Representatives Stuckey of the 67th, Walker of the 141st, Bordeaux of the 151st, Sauder of the 29th, Dix of the 76th and others:
A bill to amend Title 29 of the Official Code of Georgia Annotated, relating to guardians and wards, so as to provide for notice to temporary guardians of minors upon the application of the natural guardian for dissolution of the temporary guardianship.
Referred to the Committee on Judiciary.
HB 415. By Representatives Stuckey of the 67th, Sauder of the 29th, Walker of the 141st, Bordeaux of the 151st, Dix of the 76th and others:
A bill to amend Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to agency, so as to clarify provisions relating to the effect of the appointment of a guardian of the property on a written power of attorney; to amend the statutory form for financial power of attorney and the ex-

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planation of such form for principals to clarify that appointment of a guardian of property terminates such agency.
Referred to the Committee on Judiciary.
HB 416. By Representatives Stuckey of the 67th, Walker of the 141st, Bordeaux of the 151st, Sauder of the 29th, Dix of the 76th and others: A bill to amend Chapter 36 of Title 31 of the Official Code of Georgia Annotated, relating to durable powers of attorney for health care, so as to clarify the effect of appointment of a guardian upon a durable power of attorney for health care; to provide that a health care agency which survives incapacity or incompetency shall not be revoked solely by the appointment of a guardian or receiver for the principal.
Referred to the Committee on Judiciary.
HB 417. By Representatives Stuckey of the 67th, Martin of the 47th and Bordeaux of the 151st:
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 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.

HB 418. By Representative Purcell of the 147th:
A bill to amend an Act entitled "An Act to create a Board of Commissioners of Eioads and Revenues for the County of Effingham," so as to change the compensation of the chairperson and members of such board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 195. By Representative Tillman of the 173rd: A re solution designating the Earl M. Baggs Highway.
Referred to the Committee on Transportation.

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

HB 361 HB 362 HB 363 HB 364 HB 365 HB 366 HB 367 HB 368 HB 3)69 HB 370 HB 371 HB 372 HB 873 HB 374 HB 375

HB 376 HB 377 HB 378 HB 379 HB 380 HB 381 HB 382 HB 383 HB 384 HB 385 HB 386 HB 387 HB 388 HR 161 HR 162

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HR 163 HR 164 HR 165 HR 166

HE 167 HR 168 HR 169 SB 39

Pursuant to Rule 52, Representative Smith of the 175th moved that the following Bill of the House be engrossed:
HB 388. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to require certain tobacco product manufacturers to establish and make deposits into certain escrow accounts.

The motion prevailed.

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

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 112 Do Pass, by Substitute HB 187 Do Pass
Respectfully submitted, /s/ Reaves of the 178th
Chairman
Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 256 Do Pass, by Substitute
Respectfully submitted, /s/ Martin of the 47th
Chairman
Representative Randall of the 127th District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

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HB 265 Do Pass HB 337 Do Pass

JOURNAL OF THE HOUSE
Respectfully submitted, Isl Randall of the 127th
Chairman

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

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 8 Do Pass, as Amended HB 73 Do Pass
Respectfully submitted, Isl Royal of the 164th
Chairman

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

Mr. Speaker:

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

HB 332 Do Pass HB 336 Do Pass

HB 350 Do Pass HB 360 Do Pass

Respectfully submitted, Isl Royal of the 164th
Chairman

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 332. By Representatives Clark of the 3rd and Snow of the 2nd:
A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the amount payable for clerical help in the office of the tax commissioner.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 336. By Representatives Howard of the 118th, Williams of the 114th, Alien of the 117th, Anderson of the 116th and DeLoach of the 119th:
A bill to provide for the mandatory attendance at meetings by any and all appointed members of any and all committees, authorities, commissions,

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227

boards, or other bodies created to serve only the people of Augusta-Richmond County, Georgia.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 350. By Representatives Stephens of the 150th, Day of the 153rd, Mueller of the 152nd and Jackson of the 148th:
A bill to provide for a homestead exemption from certain Chatham County ad valorem taxes, Chatham County and City of Savannah School District ad valorem taxes for special district purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident of Chatham County.

The following substitute, offered by Representative Stephens of the 150th, was read and adopted:
A BILL

To provide for a homestead exemption from certain Chatham County ad valorem taxes, Chatham County and City of Savannah School District ad valorem taxes, municipal ad valorem taxes, and ad valorem taxes for special district purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident of Chatham County; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

(a) As used in this Act, the term:

SECTION 1.

(1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Chatham County, including, but not limited to, any ad valorem taxes for special district purposes, but not including taxes to pay interest on and to retire county bonded indebtedness.

(2) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Chatham County and City of Savannah School District, except for taxes to pay interest on and to retire school bond indebtedness.

(3) "Ad valorem taxes for municipal purposes" means all municipal ad valorem taxes for municipal purposes, levied by, for, or on behalf of each municipality in Chatham County, except for taxes to pay interest on and to retire municipal bonded indebtedness.

(4) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this Act is granted.

(5) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence.

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(b) Each resident of Chatham County is granted an exemption on that person's homestead from all Chatham County ad valorem taxes for county purposes, Chatham County and City of Savannah School District taxes for educational purposes, and municipal ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead that exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which this exemption is first granted to such resident. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is removed from the homestead, the assessment in the base year shall be adjusted to reflect such removal and the exemption shall be recalculated accordingly.
(c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the tax commissioner of Chatham County giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption.
(d) The tax commissioner of Chatham County shall provide application forms for the exemption granted by subsection (b) of this section which shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
(e) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application and file such affidavit thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of the county or the designee thereof in the event that person for any reason becomes ineligible for that exemption.
(f) The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to county, school district, or municipal ad valorem taxes.
(g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2001.

SECTION 2.

Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Chatham County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Chatham County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2000, 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 Chatham County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides a homestead exemption from certain Chatham County ad valorem taxes for county purposes, Chatham County and City of Savannah School District taxes for educational purposes, and municipal ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead that 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 of Chatham County?"

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229

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2001. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.
The expense of such election shall be borne by Chatham County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3.
Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
HB 360. By Representatives Williams of the 114th, DeLoach of the 119th and Connell of the 115th:
A bill to amend an Act creating the Civil Court of Richmond County, so as to provide for the personnel of said court; to provide for the salary of the marshal of such court; to change from appointment to election of the marshal.

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

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

Alien Anderson Ashe Bailey Bannister Barnard Barnes Benefield Birdsong Bohannon Bordeaux Borders Bridges Brooks Brown Buck Buckner Bulloch Bunn . Burkhalter Byrd Callaway Campbell Cash Channell Childers Clark Coan

Coleman, B Coleman, T Connell Cooper Cox Crawford Cummings Davis, M Davis, T Day Dean DeLoach, B DeLoach, G Dix Dixon Dodson Dukes Ehrhart Epps Evans Everett Felton Floyd Franklin Golick Graves Greene Grindley

Y Hammontree Y Manner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom
Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James
Jamieson Y Jenkins
Jennings N Jones
Joyce Y Kaye Y Lane

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 Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal
Orrock Y Parham
Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder

Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reaves
Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper

230
Smith, B Y Smith, C Y Smith, C.W
Smith, L Y Smith, L.R Y Smith, P E Smith, T Y Smith, V

JOURNAL OF THE HOUSE

Smyre Snelling Snow Squires Stallings Stantil Stanley, P Y Stanley-Turner

Stephens Stokes Stuckey Taylor Teague Teper Tillman Y Tolbert

Y Trense Y Turnquest
Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson
West

Y Westmoreland Y Whitaker Y Wiles
Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bills, the ayes were 150, nays 1. The Bills, having received the requisite constitutional majority, were passed.

Representatives Smith of the 91st and Martin of the 145th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 215. By Representative Barnard of the 154th:
A bill to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedures for persons under sentence of state courts of record, so as to remove provisions relating to state funding for a habeas corpus clerk for certain judicial circuits.

The following amendment was read and adopted:

Representatives Barnard of the 154th, Martin of the 47th and Smith of the 109th move to amend HB 215 by striking in its entirety line 8 of page 1 and inserting in lieu thereof the following:

"petitioners; to provide for construction; to provide an effective date; to repeal". By striking in its entirety line 3 of page 4 and inserting in lieu thereof the following:

"for such purposes. This Code section shall not be construed to amend or repeal the provisions of Code Section 15-6-28 or any other provision of law for funds for any judicial circuit."
By striking in its entirety line 9 on page 4 and inserting in lieu thereof the following:
"This Act shall become effective on July 1, 1999."

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 Ashe Bailey Bannister Barnard Barnes Benefield Birdsong Bohannon Bordeaux Borders Bridges

Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash
Channell Childers

Clark Coan Coleman, B Coleman, T Connell Cooper Cox Crawford Cummings Davis, M Davis, T Day Dean

Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin

Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom
Hembree Henson

Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley
Irvin
Y Jackson, B Y Jackson, L
James Jamieson Jenkins
Y Jennings Jones Joyce Kaye
Lane Lewis Lord Lucas Maddox

TUESDAY, FEBRUARY 2, 1999

231

Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall
Y McClinton McKinney
Y Millar Y Mills Y Mobley Y Morris Y Mosley
Y Mueller Y O'Neal
Orrock Y Parham
Y Parrish Y Parsons Y Pelote
Pinholster Y Poag

Y Ponder Y Porter Y Powell
Purcell Y Ragas
Randall Y Ray
Reaves Y Reece Y Reed Y Reese 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 Shipp Y Sholar Y Sims Y Sinkfield Y Skipper
Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner Y Stephens

Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman
Tolbert Y Trense Y Turnquest Y Twiggs
Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles
Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 159, nays 0.

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

Representatives Channell of the lllth and Tolbert of the 25th 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 185. By Representatives Hanner of the 159th, Royal of the 164th and Rogers of the 20th:
A bill to amend Chapter 13 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Underground Storage Tank Act," so as to provide additional powers of the director of the Environmental Protection Division of the Department of Natural Resources; to provide for the repayment of certain funds paid into the Underground Storage Tank Trust Fund.

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

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

Y Alien Y Anderson Y Ashe Y Bailey
Bannister Y Barnard Y Barnes Y Benefield
Birdsong Bohannon Y Bordeaux
Y Borders
Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter
Y Byrd

Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark
Coan
Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G
Dix

Y Dixon Y Dodson Y Dukes Y Ehrhart
Y Epps Y Evans Y Everett
Y Pelton Y Ployd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall
Y Hegstrom

Y Hembree Y Henson
Y Holland Y Holmes Y Houston Y Howard
Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings
Jones Y Joyce Y Kaye Y Lane

Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney Millar
Y Mills Y Mobley Y Morris
Y Mosley Y Mueller Y O'Neal Y Orrock

232
Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell
Purcell Y Ragas Y Randall Y Ray
Reaves Y Reece

JOURNAL OF THE HOUSE

Y Reed Y Reese 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 Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Y Smith, V Y Smyre Y Snelling

Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert Y Trense

Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West
Y Westmoreland Y Whitaker Y Wiles
Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 196. By Representatives Jamieson of the 22nd, Smith of the 175th, Felton of the 43rd and Walker of the 141st:
A resolution recognizing and commending the Georgia Congress of Parents and Teachers, declaring Wednesday, February 17, 1999, as Georgia PTA Day and National PTA Founders Day and inviting the Georgia Congress of Parents and Teachers president, Cathy Henson, to appear before the House of Representatives.
HR 197. By Representatives Barnes of the 97th, Benefield of the 96th, Dodson of the 94th, Buckner of the 95th and Bailey of the 93rd:
A resolution commending Suzette Walston as the 1999 Clayton County Teacher of the Year and inviting her to appear before the House of Representatives.
HR 198. By Representatives Hugley of the 133rd, Smyre of the 136th, Taylor of the 134th and Heard of the 89th:
A resolution recognizing Alpha Kappa Alpha Sorority, Inc., and inviting Marjorie H. Young and Yvonne McBride to appear before the House of Representatives.
HR 205. By Representatives Jennings of the 63rd, Orrock of the 56th, Smith of the 103rd, Felton of the 43rd, Harrell of the 62nd and others:
A resolution recognizing February 4, 1999, as "Girls and Women in Sports Day" and commending and inviting Georgia's outstanding female athletes to appear before the House of Representatives.
HR 206. By Representatives Sauder of the 29th, Murphy of the 18th, Joyce of the 1st, Byrd of the 170th, Connell of the 115th and others:
A resolution recognizing and honoring Desmond T. Doss, Congressional Medal of Honor recipient, and inviting him to appear before the House of Representatives.
Representative McKinney of the 51st arose to a point of personal privilege and addressed the House.
Representative Jamieson of the 22nd District, Chairman of the Committee on Education, submitted the following report:

TUESDAY, FEBRUARY 2, 1999

233

Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 38 Do Pass HB 68 Do Pass, by Substitute HB 149 Do Pass, by Substitute
Respectfully submitted, /s/ Jamieson of the 22nd
Chairman
Representative Henson of the 65th District, Vice-Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 26 Do Pass HB 94 Do Pass HB 121 Do Pass
Respectfully submitted, /s/ Henson of the 65th
Vice-Chairman
Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House: with the following recommendations:
HB 6 Do Pass HB 371 Do Pass, by Substitute
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 House and has instructed me to report the same back to the House with the following recommendation:
HB 234 Do Pass

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JOUKNAL OF THE HOUSE

Respectfully submitted, /s/ Parham of the 122nd
Chairman

The Speaker announced the House in recess subject to the call of the Chair. The House will convene at 10:00 o'clock the next legislative day.

WEDNESDAY, FEBRUARY 3, 1999

235

Representative Hall, Atlanta, Georgia Wednesday, February 3, 1999

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

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

Anderson
Ashe Bailey Bannister Barnard
Barnes Benefield Birdsong Bohannon Borders Bridges Brooks
Brown
E Buck Bulloch Bunn Burkhalter Byrd Callaway Campbell Cash Channell Childers
Clark Coan Coleman, B
Coleman, T Connell

Cox
Crawford Cummings Davis, T DeLoach, B
DeLoach, G Dixon Dodson Ehrhart Epps Evans Everett
Felton
Floyd Franklin Golick Graves Greene Hammontree Banner Harbin Harrell Heard
Hegstrom Hembree E Henson
Holland Houston

Howard
Hudgens Hudson, H Hudson, N Hugley
Jackson, B Jackson, L James Jennings Lane Lewis Maddox
Mann
Manning Martin, J.L Massey McBee McClinton Millar Mills Morris Mosley O'Neal
Parham Parrish Parsons
Pelote Pinholster

Poag
Porter Purcell Randall Ray
Reaves Reece Reed Reese Reichert Rice Richardson
Roberts
Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp
Sholar Sims Skipper
Smith, B Smith, C

Smith, C.W
Smith, L Smith, L.R Smith, P Smith, T
Smith, V Snelling Snow Squires Stancil Stephens g, ,
<-, ,
btucKey i,aylor in?6r Tillman Trense Unterman Walker, L Watson West Westmoreland
Whitaker Wiles Williams, R
Wix Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Mueller of the 152nd, Alien of the 117th, Sinkfield of the 57th, Dukes of the 161st, Grindley of the 35th, Tolbert of the 25th, Kaye of the 37th, Yates of the 106th, Joyce of the 1st, Orrock of the 56th, Bordeaux of the 151st, McCall of the 90th, Day of the 153rd, McKinney of the 51st, Mobley of the 69th, Turnquest of the 73rd, Davis of the 60th, Ponder of the 160th, Jenkins of the 110th, Heckstall of the 55th, Holmes of the 53rd, Jones of the 71st, Smyre of the 136th, Jamieson of the 22nd, Dean of the 48th, Dix of the 76th, Powell of the 23rd, Williams of the 83rd, Teague of the 58th, Stanley-Turner of the 50th, Cooper of the 31st and Twiggs of the 8th.
They wish to be recorded as present.
Prayer was offered by Elder James W. Embrey, Old Carrollton Church, Carrollton, 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.

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JOURNAL OF THE HOUSE

The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 419. By Representatives Powell of the 23rd and Parham of the 122nd:
A bill to amend Code Section 40-3-4 of the Official Code of Georgia Annotated, relating to exclusions from title requirements for motor vehicles, so as to change certain provisions relating to excluded older models. Referred to the Committee on Motor Vehicles.

HB 420. By Representatives Benefield of the 96th, Barnes of the 97th, Dodson of the 94th and Bailey of the 93rd:
A bill to amend Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to student transportation, so as to provide for recovery of certain commercial driver's training or licensing expenses by local units of administration.
Referred to the Committee on Education.

HB 421. By Representatives Powell of the 23rd and Parham of the 122nd:
A bill to amend Code Section 40-1-1 of the Official Code of Georgia Annotated, relating to definitions relative to motor vehicles and traffic, so as to change the definition of "person".
Referred to the Committee on Motor Vehicles.

HB 422. By Representatives Smith of the 103rd, Jamieson of the 22nd, McClinton of the 68th, Walker of the 141st, Crawford of the 129th and others:
A bill to amend Code Section 48-7-86 of the Official Code of Georgia Annotated, relating to penalty for failure to pay or for underpayment of income taxes, so as to provide for relief from joint and several liability on joint returns for innocent spouses.
Referred to the Committee on Ways & Means.

WEDNESDAY, FEBRUARY 3, 1999

237

HB 423. By Representatives Ragas of the 64th and Martin of the 47th: A bill to amend Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to the prosecution of traffic offenses, so as to provide procedures for the filing of uniform traffic citations; to provide definitions; to provide for jurisdiction and powers of county recorders' courts.
Referred to the Committee on Special Judiciary.
HB 424. By Representatives Joyce of the 1st, Snelling of the 99th, Bunn of the 74th and Franklin of the 39th: A bill to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to limit the use of the ground that the marriage is irretrievably broken to enumerated circumstances; to provide that a divorce on such ground shall not be granted until 180 days from the date of service.
Referred to the Committee on Judiciary.
HB 425. By Representatives Joyce of the 1st and Franklin of the 39th: A bill to amend Code Section 20-2-306 of the Official Code of Georgia Annotated, relating to the honors program and residential high school program operated by the state Board of Education, so as to provide that students who live in Georgia but attend private high school outside of Georgia may participate in the honors program if they otherwise qualify.
Referred to the Committee on Education.
HB 426. By Representatives Joyce of the 1st, Bunn of the 74th and Franklin of the 39th: A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum in elementary and secondary education, so as to provide for the presentation and critique of scientific theories about the origins of life and living things.
Referred to the Committee on Education.
HB 427. By Representatives Ehrhart of the 36th, Sauder of the 29th, Kaye of the 37th, Grindley of the 35th, Wiles of the 34th and others: A bill to amend an Act creating the Cobb Judicial Circuit, so as to provide for the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chief judge of said circuit.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 428. By Representatives Joyce of the 1st, Bunn of the 74th and Franklin of the 39th: A bill to amend Chapter 7 of Title 49 of the Official Code of Georgia Annotated, the "Family-Planning Services Act," so as to prohibit certain state and local agencies from providing contraceptives which have as a primary medically recognized usage the inducing of a spontaneous abortion.
Referred to the Committee on Health & Ecology.
HB 429. By Representative Crawford of the 129th: A bill to amend Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to cancellation by the grantee or holder upon payment of the

238

JOURNAL OF THE HOUSE

indebtedness secured by a mortgage or conveyance to secure debt, so as to change a provision relating to liability of the grantee or holder for failure to transmit a cancellation of the mortgage or conveyance to secure debt upon payment of the indebtedness.
Referred to the Committee on Judiciary.
HB 430. By Representative Martin of the 145th: A bill to amend an Act establishing the State Court of Candler County, so as to change the provisions relating to the compensation of the judge of said court and the compensation of the judge's secretary.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 431. By Representatives Sauder of the 29th, Walker of the 141st, Martin of the 47th, Parsons of the 40th, Wix of the 33rd and others: A bill to amend Code Section 9-11-28 of the Official Code of Georgia Annotated, relating to persons before whom depositions may be taken, and Article 2 of Chapter 14 of Title 15 of the Official Code of Georgia Annotated, "The Georgia Court Reporting Act," so as to change provisions relating to disqualification of court reporters from reporting depositions for interest.
Referred to the Committee on Judiciary.
HB 432. By Representatives Rogers of the 20th and Murphy of the 18th: A bill to amend Code Section 46-5-27 of the Official Code of Georgia Annotated, relating to prohibited telephone solicitation of objecting residential telephone subscribers, so as to provide that such prohibition shall not apply to certain calls by certain persons engaged in certain businesses.
Referred to the Committee on Industry.
HB 433. By Representatives Wiles of the 34th, Parsons of the 40th, Manning of the 32nd, Franklin of the 39th, Ehrhart of the 36th and others: A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the solicitor-general.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 434. By Representatives Wiles of the 34th, Ehrhart of the 36th, Evans of the 28th, Irvin of the 45th, Grindley of the 35th 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, computation, and exemption of income taxes, so as to provide for a tax credit for certain taxpayers and other persons with respect to ad valorem property taxes levied on homestead property.
Referred to the Committee on Ways & Means.
HB 435. By Representatives Wiles of the 34th and Davis of the 60th: A bill to amend Code Section 7-1-352 of the Official Code of Georgia Annotated, relating to bank deposits by agents, trustees, or other fiduciaries, so as to provide for certain duties of financial institutions regarding lawyers' trust accounts.
Referred to the Committee on Banks & Banking.

WEDNESDAY, FEBRUARY 3, 1999

239

HB 436. By Representative Greene of the 158th: A bill to provide a new charter for the City of Cuthbert.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 437. By Representative Royal of the 164th: A bill to amend an Act providing a new charter for the City of Pelham, so as to change certain provisions regarding the election districts of members of the city council and members of the Board of Education of the City of Pelham Public School System;.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 438. By Representatives Buck of the 135th, Royal of the 164th, Heard of the 89th, Coleman of the 142nd and Graves of the 125th: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, so as to allow a corporate taxpayer to assign a Georgia income tax credit to an affiliated corporation.
Referred to the Committee on Ways & Means.
HB 439. By Representatives Parham of the 122nd and Powell of the 23rd: A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to change certain provisions relating to registration periods; to change certain provisions relating to reciprocal agreements for registration of commercial vehicles on apportionment basis; to amend Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fee and plates.
Referred to the Committee on Motor Vehicles.
HB 440. By Representatives Kaye of the 37th and Ehrhart of the 36th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to establish the Public Employees' Retirement 401(k) Plan; to define certain terms; to provide that the State Personnel Board shall establish an account for certain public employees pursuant to Section 401(k) of the federal Internal Revenue Code.
Referred to the Committee on Retirement.
HB 441. By Representatives Walker of the 141st, Bohannon of the 139th, Buck of the 135th, Borders of the 177th and Williams of the 114th: 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 the tax situs of certain motor vehicles owned by nonresident soldiers and sailors; to provide for the tax situs of such vehicles in the case of certain joint ownership.
Referred to the Committee on Ways & Means.
HB 442. By Representatives Powell of the 23rd 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 motor vehicle drivers' licenses, so as to change certain provisions relating to

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revocation of licenses of persons under age 21 for certain offenses and issuance of new license following revocation.
February 2, 1999
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 442. This notice is made prior to or upon reading the bill the first time.

/a/ A. Powell Representative 23rd District
Referred to the Committee on Motor Vehicles.
HB 443. By Representatives Smith of the 103rd, Crawford of the 129th, Hudson of the 120th, Manning of the 32nd and Skipper of the 137th:
A bill to amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to property, so as to provide that the seller or grantor of real property abutting a privately owned lake shall disclose to the buyer or the grantee the identity of the owner of the lake and the dam creating such lake.
Referred to the Committee on Judiciary.
HB 444. By Representative Orrock of the 56th:
A bill to amend Code Section 40-5-57 of the Official Code of Georgia Annotated, relating to suspension or revocation of licenses of habitually negligent or dangerous drivers and the point system used to identify such drivers, so as to change certain provisions relating to points assessed for violation of child safety restraint requirements.
Referred to the Committee on Motor Vehicles.
HB 445. By Representatives Mobley of the 69th, Brooks of the 54th, Randall of the 127th, Holmes of the 53rd, Teague of the 58th and others: A bill to amend Code Section 21-2-215 of the Official Code of Georgia Annotated, relating to the main office of a board of registrars, deputy registrars, and voter registration cards, so as to designate probation or parole officers as deputy registrars for certain purposes.
Referred to the Committee on Governmental Affairs.
HB 446. By Representatives Birdsong of the 123rd, Skipper of the 137th, Walker of the 141st, Royal of the 164th and Jamieson of the 22nd:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to provide that any person who is a citizen and resident of Georgia and who is an unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in any war or armed conflict in which the armed forces of the United States engaged, shall be granted a homestead exemption from all ad valorem taxation for state, county, municipal and school purposes in the same amount as that to which a disabled veteran is entitled under other provisions of law.
Referred to the Committee on Ways & Means.

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241

HB 447. By Representatives Birdsong of the 123rd, Jamieson of the 22nd, Skipper of the 137th, Walker of the 141st and Royal of the 164th:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of taxable net income for income tax purposes, so as to increase the amount of retirement income exclusion.
Referred to the Committee on Ways & Means.
HB 448. By Representatives Henson of the 65th, Teper of the 61st, Ragas of the 64th, Hegstrom of the 66th, Stuckey of the 67th and others:
A bill to provide a homestead exemption from certain City of Stone Mountain ad valorem taxes for city purposes in the amount of $14,000.00 of the assessed value of the homestead for certain residents of that city who are 62 years of age or older and whose net income together with the net income of the spouse who resides at the homestead of such resident does not exceed $10,000.00 per annum.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 449. By Representatives Henson of the 65th, Bannister of the 77th, Ragas of the 64th, Dix of the 76th, Teper of the 61st and others: A bill to amend Code Section 12-3-194.1 of the Official Code of Georgia Annotated, relating to the police and legislative powers of the Stone Mountain Memorial Association, so as to provide for the exercise of police powers by the association.
Referred to the Committee on State Institutions & Property.
HB 450. By Representative Joyce of the 1st:
A bill to amend code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds; combined purchase of supplies and equipment; minimum school year; summer school program; and year-round operation, so as to define a term; 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.
Referred to the Committee on Education.
HB 451. By Representatives Jenkins of the 110th and Smith of the 109th:
A bill to amend Article 3 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to membership in and contributions to the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that membership dues shall be due on a certain date; to provide that no service credit shall be granted for any month in which payment of dues and other fees are in arrears.
Referred to the Committee on Retirement.
HB 452. By Representatives Jenkins of the 110th and Smith of the 109th:
A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that membership dues shall be due on a certain date; to provide that membership dues shall not be required after payment for 20 years.
Referred to the Committee on Retirement.

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HB 453. By Representatives Jenkins of the 110th and Smith of the 109th: A bill to amend Code Section 47-11-70 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement benefits under the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that service as a senior judge of the probate court shall not affect a member's ability to receive a benefit under such retirement fund.
Referred to the Committee on Retirement.
HB 454. By Representatives Jenkins of the 110th and Smith of the 109th: A bill to amend Article 3 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to membership in and contributions to the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that membership dues shall be due on a certain date; to provide that membership dues shall not be required after payment for 20 years.
Referred to the Committee on Retirement.
HB 455. By Representatives Smith of the 169th, Coleman of the 142nd, Benefield of the 96th, Powell of the 23rd and Mosley of the 171st: A bill to amend Code Section 28-10-1 of the Official Code of Georgia Annotated, relating to creation and membership of the Georgia Rail Passenger Authority Overview Committee, so as to change certain provisions relating to number of members and appointment thereof.
Referred to the Committee on Transportation.
HR 199. By Representatives Joyce of the 1st, Bunn of the 74th and Franklin of the 39th: A resolution urging the United States Congress to amend the federal Voting Rights Acts of 1965 to repeal the preclearance requirement of 42 U.S.C. 1973c.
Referred to the Committee on Rules.
HR 200. By Representative Dukes of the 161st: A resolution compensating Ms. Bernice D. Harris on behalf of her daughter, Ms. Peggy Sue Harris.
Referred to the Committee on Appropriations.
HR 201. By Representatives Joyce of the 1st, Bunn of the 74th and Kaye of the 37th: A resolution proposing an amendment to the Constitution so as to reserve to the people of the state the power to propose laws and amendments to the Constitution and to enact or reject the same.
Referred to the Committee on Rules.
HR 202. By Representatives Joyce of the 1st, Bunn of the 74th, Wiles of the 34th and Franklin of the 39th: A resolution proposing an amendment to the Constitution so as to provide that the millage rate which may be levied on taxable property by any county, municipality, or combination thereof and the millage rate which may be levied on behalf of any school system may not exceed the millage rate last established prior to December 31, 2000.
Referred to the Committee on Ways & Means.

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243

HR 203. By Representatives Wiles of the 34th, Ehrhart of the 36th, Irvin of the 45th, Brown of the 130th, Franklin of the 39th and others: A resolution proposing an amendment to the Constitution so as to prohibit discipline of judges or other judicial candidates for discussion of issues during judicial election campaigns.
Referred to the Committee on Judiciary.
HR 204. By Representatives Lucas of the 124th, Parham of the 122nd, Skipper of the 137th and Epps of the 131st: A resolution authorizing the conveyance of certain state owned real property located in Baldwin County; authorizing the conveyance of certain state owned real property located in Meriwether County; authorizing the assignment of leasehold interest of certain state owned real property located in Rabun County; authorizing the conveyance of a reversionary interest in certain state owned real property located in Sumter County.
Referred to the Committee on State Institutions & Property.
HR 207. By Representatives Twiggs of the 8th, Rogers of the 20th, Coleman of the 142nd, Smyre of the 136th, Royal of the 164th and others: A resolution proclaiming Thunder Road USA-Georgia Racing Hall of Fame as Georgia's official Racing Hall of Fame.
Referred to the Committee on Rules.

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

HB 389 HB 390 HB 391 HB 392 HB 393 HB 394 HB 395 HHBB 339976 HB 398 HB 399 HB 400 HB 401 HB 402 HB 403 HB 404

HB 405 HB 406 HB 407 HB 408 HB 409 HB 410 HB 411 -TT, J.1120 HB 413 HB 414 HB 415 HB 416 HB 417 HB 418 HR 195

Pursuant to Rule 52, Representative West of the 101st moved that the following Bill of the House be engrossed:
HB 409. By Representatives West of the 101st, Stallings of the 100th, Royal of the 164th, Ray of the 128th, Walker of the 141st and others:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from taxation, so as to provide such an exemption for certain farm equipment.

The motion prevailed.

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Representative Lucas of the 124th District, Chairman of the Committee on State Institutions & Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Bill and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HB 37 Do Pass, by Substitute HR 119 Do Pass HR 122 Do Pass
Respectfully submitted, lal Lucas of the 124th
Chairman
Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 378 Do Pass Respectfully submitted,
lal Royal of the 164th Chairman
Representative Benefield of the 96th District, Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 95 Do Pass Respectfully submitted,
lal Benefield of the 96th Chairman
Representative Buck of the 135th District, Chairman of the Committee on Ways & Means, submitted the following report:

WEDNESDAY, FEBRUARY 3, 1999

245

Mr. Speaker:

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

HB 35 Do Pass HB 36 Do Pass HB 147 Do Pass, by Substitute

HB 211 Do Pass HB 222 Do Pass

Respectfully submitted, /s/ Buck of the 135th
Chairman

By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:
HB 378. By Representatives Porter of the 143rd and Coleman of the 142nd:
A bill to create the Dublin-Laurens County Recreation Authority.

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

On the passage of the Bill, the ayes were 99, 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 6. By Senators Ray of the 48th, Thomas of the 10th and Balfour of the 9th:
A bill to amend Code Section 21-2-170 of the Official Code of Georgia Annotated, relating to nomination of candidates by petition, form of petition, limitations as to circulation and amendment, and listing of such candidate on ballot, so as to provide that persons notarizing petitions for write-in candidacies may not also act as circulators of such petitions; and for other purposes.
SB 10. By Senator Ragan of the llth:
A bill to amend Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products, Chapter 6 of Title 4 of the Official Code of Georgia Annotated, relating to livestock dealers and auctions, and Article 1 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia State Warehouse Act," so as to change the provisions relating to the bonds of dealers in agricultural products, grain dealers, livestock market operators, livestock dealers, livestock brokers, and warehousemen.
SB 16. By Senators Ragan of the llth, Walker of the 22nd, Hooks of the 14th and others:
A bill to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to change the provisions regarding scope of practice and providing samples.
SB 19. By Senators Cheeks of the 23rd and Walker of the 22nd:
A bill to amend Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment proceedings, so as to provide that the filing of

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certain answers on behalf of corporate garnishees shall not constitute the practice of law and may be done by corporate officers or employees; to provide that delivery to the court of money or property admitted to be subject to garnishment may likewise be accomplished through a corporate officer or employee.
SB 34. By Senators Ragan of the llth, Marable of the 52nd, Hill of the 4th 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.
HB 184. By Representative Greene of the 158th:
A bill to amend an Act creating the Board of Commissioners of Randolph County, so as to change the compensation of the chairperson and other members of the board of commissioners.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 45. By Senators Dean of the 31st, Marable of the 52nd, Madden of the 47th and others:
A resolution authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia; authorizing the conveyance of certain state owned real property located in Bartow County, Georgia; authorizing the conveyance of certain state owned real property located in DeKalb County, Georgia; authorizing the conveyance of certain state owned real property located in Elbert County, Georgia; authorizing the conveyance of certain state owned real property located in Floyd County, Georgia; authorizing the conveyance of certain state owned real property located in Glascock County, Georgia.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:
SB 6. By Senators Ray of the 48th, Thomas of the 10th and Balfour of the 9th:
A bill to amend Code Section 21-2-170 of the Official Code of Georgia Annotated, relating to nomination of candidates by petition, form of petition, limitations as to circulation and amendment, and listing of such candidate on ballot, so as to provide that persons notarizing petitions for write-in candidacies may not also act as circulators of such petitions; and for other purposes.
Referred to the Committee on Governmental Affairs.
SB 10. By Senator Ragan of the llth:
A bill to amend Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products, Chapter 6 of Title 4 of the Official Code of Georgia Annotated, relating to livestock dealers and auctions, and Article 1 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia State Warehouse Act," so as to change the provisions relating to the bonds of dealers in agricultural products, grain dealers, livestock market operators, livestock dealers, livestock brokers, and warehousemen.
Referred to the Committee on Agriculture & Consumer Affairs.

WEDNESDAY, FEBRUARY 3, 1999

247

SB 16. By Senators Ragan of the llth, Walker of the 22nd, Hooks of the 14th and others:
A bill to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to change the provisions regarding scope of practice and providing samples.
Referred to the Committee on Health & Ecology.

SB 19. By Senators Cheeks of the 23rd and Walker of the 22nd:
A bill to amend Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment proceedings, so as to provide that the filing of certain answers on behalf of corporate garnishees shall not constitute the practice of law and may be done by corporate officers or employees; to provide that delivery to the court of money or property admitted to be subject to garnishment may likewise be accomplished through a corporate officer or employee.
Referred to the Committee on Judiciary.

SB 34. By Senators Ragan of the llth, Marable of the 52nd, Hill of the 4th 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.
Referred to the Committee on Agriculture & Consumer Affairs.

SR 45. By Senators Dean of the 31st, Marable of the 52nd, Madden of the 47th and others:
A resolution authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia; authorizing the conveyance of certain state owned real property located in Bartow County, Georgia; authorizing the conveyance of certain state owned real property located in DeKalb County, Georgia; authorizing the conveyance of certain state owned real property located in Elbert County, Georgia; authorizing the conveyance of certain state owned real property located in Floyd County, Georgia; authorizing the conveyance of certain state owned real property located in Glascock County, Georgia.
Referred to the Committee on State Institutions & Property.

Representative Sanders of the 107th arose to a point of personal privilege and addressed the House.
Representative Stephens of the 150th arose to a point of personal privilege and addressed the House.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:

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HB 148. By Representatives Lane of the 146th, Martin of the 145th, Purcell of the 147th, Reaves of the 178th and Morris of the 155th:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to create the Georgia Cotton Producers Indemnity Fund of 1999.
The following Committee substitute was read and adopted:

A BILL

To amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to create the Georgia Cotton Producers Indemnity Fund of 1999; to provide for the payment of indemnity payments to compensate certain cotton producers in this state for losses incurred as a result of the loss of properly stored, harvested cotton as the result of the bankruptcy of a warehouseman, broker, or other party or parties in possession of such cotton or warehouse receipts evidencing title to such cotton, an improper conversion or transfer of such cotton, the issuance of bad checks in payment for such cotton, or other hazards or events as determined by the Commissioner of Agriculture; to provide for a statement of authority; to provide for definitions; to provide for powers and duties of the Commissioner and the department; to provide for the filing, investigation, and payment of claims; to provide for practices, procedures, and requirements relative to the fund, claims, and payments; to provide for appropriations; to provide for subrogation of rights; to prohibit the making of false claims; to provide for penalties; to provide for the repayment of funds to the United States and the general fund of the state treasury under certain circumstances; to provide for contingent repeal; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by adding at the end thereof a new Chapter 18 to read as follows:

2-18-1.

"CHAPTER 18

This chapter is enacted pursuant to the authority granted to the General Assembly by Article III, Section VI, Paragraph II(a)(3) of the Constitution of the State of Georgia and section 1121 of the federal Omnibus Consolidated and Emergency Supplemental Appropriations Act for Fiscal Year 1999, Public Law 105-277, and is for the purpose of creating an indemnity fund and making expenditures from such fund to indemnify cotton producers in this state for losses incurred in 1998 or 1999 from the loss of certain properly stored, harvested cotton. 2-18-2.
As used in this chapter, the term:
(1) 'Commissioner' means the Commissioner of Agriculture of this state.
(2) 'Department' means the Department of Agriculture of this state.
(3) 'Eligible cotton producer' means a person, partnership, corporation, or other entity that grew cotton in this state during 1997 or 1998 and that incurred a loss of such properly stored, harvested cotton as the result of the bankruptcy of one or more warehousemen, brokers, or other parties in possession of such cotton or ware-

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249

house receipts evidencing title to such cotton; an improper conversion or transfer of such cotton; the issuance of one or more bad checks in payment for such cotton; or other hazards or events as determined by the Commissioner.

(4) 'Federal act' means section 1121 of the federal Omnibus Consolidated and Emergency Supplemental Appropriations Act for Fiscal Year 1999, Public Law 105-277.

(5) 'Secretary of agriculture' means the secretary of agriculture of the United States. 2-18-3.

(a) The Commissioner shall have the following powers and duties:

(1) To promulgate suitable rules and regulations to carry out the provisions and purposes of this chapter;
(2) To request from the Attorney General and any court, agency, or department such assistance and data as will enable the Commissioner to determine the losses of cotton producers for which indemnity payments are available pursuant to this chapter and whether, and the extent to which, a claimant qualifies for such compensation. Any person, corporation, partnership, court, agency, or department is authorized to provide the Commissioner with the information requested upon receipt of a request from the Commissioner. Any provision of law providing for confidentiality of records does not apply to a request of the Commissioner pursuant to this Code section; provided, however, that the Commissioner shall preserve the confidentiality of any such records received;

(3) To investigate each individual claim, utilizing, to the extent necessary, electronic warehouse receipt records, financial and banking records, market price records, and other records and documentation necessary to verify the claim;
(4) To hear and determine all appeals of denied claims for awards filed with the Commissioner pursuant to this chapter and to reinvestigate or reopen cases as the Commissioner deems necessary;
(5) To apply for funds from, and to submit all necessary forms and reports to, any federal agency participating in a cooperative program to compensate cotton producers who are eligible for indemnity payments pursuant to this chapter and to receive and administer federal funds for the purposes of this chapter;

(6) To make indemnity payments to eligible cotton producers in the manner authorized by this chapter. Indemnity payments shall be made directly to eligible cotton producers;
(7) To carry out programs designed to inform affected cotton producers of the purposes and requirements of this chapter and the indemnity program created pursuant to this chapter; and
(8) To make a report to the secretary of agriculture, Congress, the Governor, and the General Assembly on or before October 1, 1999, and a report upon concluding the affairs of the Georgia Cotton Producers Indemnity Fund of 1999 describing the state's efforts to use the indemnity fund to provide compensation to injured cotton producers.
(b) The Commissioner and the department shall assist applicants with their claims for indemnity payments through educational programs and administrative assistance.

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2-18-4.

(a) A claim may be filed by an eligible cotton producer, as defined in Code Section 218-2. In any case in which the person entitled to make a claim is mentally incompetent or is deceased, the claim may be filed on his or her behalf by his or her guardian, executor, or such other individual as is authorized to administer his or her estate.

(b) A claim must be filed by the claimant not later than July 1, 1999; provided, however, that, upon good cause shown, the Commissioner may extend the time for filing for a period not exceeding two months after such date. Claims shall be filed in the office of the Commissioner in person or by mail. The department shall provide forms for use in filing claims.
(c) The claim shall be verified and shall contain the following:
(1) The name, address, and telephone number of the claimant;
(2) A description of the amount, nature, and circumstances of the loss;
(3) A statement of the extent to which the cotton producer has been or may reasonably be expected to be indemnified or reimbursed for these losses from any other source, including the proceeds of any distribution by a trustee in bankruptcy;
(4) An authorization permitting the Commissioner to verify the contents of the application; and
(5) Such other information as the Commissioner may require. 2-18-5.

(a) There is created a fund to be known as the Georgia Cotton Producers Indemnity Fund of 1999. The Commissioner shall be the custodian of the fund, shall administer the fund, and may invest the resources of the fund in the same manner and fashion that an insurer authorized to issue contracts of life insurance is authorized to invest its resources.
(b) The fund shall consist of $5 million of federal moneys received pursuant to section 1121 of the federal Omnibus Consolidated and Emergency Supplemental Appropriations Act for Fiscal Year 1999, Public Law 105-277; all moneys appropriated by the General Assembly as required by section 1121 of the federal Omnibus Consolidated and Emergency Supplemental Appropriations Act for Fiscal Year 1999, Public Law 105-277, for the purpose of compensating claimants under this chapter; any other moneys made available to the fund; and any interest or earnings on such moneys accruing to the fund.
(c) All funds appropriated to or otherwise paid into the fund shall be presumptively concluded to have been committed to the purpose for which they have been appropriated or paid and shall not lapse.

(d) The Commissioner is authorized, subject to the limitations contained in this chapter, to disburse the appropriate indemnity payments to the persons eligible for such payments under this chapter from the Georgia Cotton Producers Indemnity Fund of 1999.
(e) Following the receipt of all claims, the investigation of each claim, as necessary, and the making of a determination that an award should or should not be paid for each claim filed, the Commissioner is authorized to draw warrants upon the Georgia

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251

Cotton Producers Indemnity Fund of 1999 to pay the indemnity amounts granted to eligible recipients from such fund. If the total amount of all claims approved for payment exceeds the total amount available in the fund for such payments, a pro rata payment shall be made to each approved claimant in the proportion that such claimant's approved claim amount bears to the total of all approved claims.
(f) All amounts in the Georgia Cotton Producers Indemnity Fund of 1999 shall be paid out no later than January 1, 2000. If more than $5 million has been paid to cotton producers prior to such date and the total amount of eligible claims is less than $10 million, any excess funds in the Georgia Cotton Producers Indemnity Fund of 1999 shall be paid to the general fund of the state treasury. If less than $5 million has been paid to cotton producers, the difference between the total amount paid to cotton producers and $5 million shall be returned to the secretary of agriculture of the United States and any amounts remaining above such $5 million shall be paid to the general fund of the state treasury.
2-18-6.

Acceptance of an indemnity payment made pursuant to this chapter shall subrogate the state, to the extent of such indemnity payment, to any right or right of action accruing to the claimant to recover payments on account of losses resulting from the loss of the cotton or proceeds from the sale of the cotton with respect to which the indemnity payment is made. Acceptance of an indemnity payment made pursuant to this chapter shall constitute an agreement on the part of the recipient to repay to the Commissioner for deposit into the general fund of the state treasury any and all amounts, except those amounts in excess of any indemnity payment, recovered by the claimant in any bankruptcy proceeding or other civil action arising from the loss of cotton or the loss of proceeds from the sale of cotton for which an indemnity payment has been made pursuant to this chapter. The requirements of this Code section shall be included in and made a condition of any claim filed pursuant to this chapter.
2-18-7.

Any person who asserts a false claim under the provisions of this chapter shall be guilty of a violation of Code Section 16-10-20 and, upon conviction, shall be punished as provided in such Code section. Upon conviction thereof, such person shall further forfeit any benefit received pursuant to this chapter and shall reimburse and repay the state for payments received or paid on his or her behalf pursuant to any of the provisions of this chapter.

No indemnity payments shall be paid pursuant to this chapter unless the General Assembly appropriates not less than $5 million of state funds to the Georgia Cotton Producers Indemnity Fund of 1999, and such appropriated state funds become available to the fund on or before July 1, 1999, for the purpose of making indemnity payments. This chapter shall be repealed on July 1, 1999, if the General Assembly has not appropriated $5 million or more of state funds on or before such date to match the $5 million in federal funds made available for the purpose of making indemnity payments pursuant to the federal act. If this chapter is repealed pursuant to the provisions of this Code section, all moneys received from the United States pursuant to the federal act shall be repaid to the secretary of agriculture as provided in the federal act. If this chapter is repealed as provided in this Code section, the Commissioner and the department shall be authorized to assist the secretary of agriculture in determining eligibility of Georgia cotton producers for indemnity payments by the secretary."

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SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks N Brown K Buck Y Buckner Y Bulloch
Bunn
Y Burkhalter Byrd
N Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark N Coan Y Coleman, B Y Coleman, T Y Connell
Cooper Y Cox Y Crawford
Y Cummings N Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes N Ehrhart
Y Epps N Evans Y Everett Y Felton Y Floyd N Franklin
Y Golick Y Graves Y Greene N Grindley
Y Hammontree Y Manner Y Harbin N Harrell Y Heard
Heckstall Y Hegstrom Y Hembree E Henson Y Holland
Holmes Y Houston Y Howard Y Hudgens
Y Hudson, H Y Hudson, N

Y Hugley Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins E Jennings Y Jones N Joyce N Kaye Y Lane N Lewis
Lord Y Lucas
Maddox N Mann Y Manning
Y Martin, J
Y Martin, J.L N Massey Y McBee Y McCall Y McClinton
McKinney
N Millar Y Mills Y Mobley
Y Morris Moaley Mueller O'Neal
Y Orrock
Parham
Parrish
Y Parsons

Y Pelote Y Pinholster
Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed N Reese Y Reichert Y Rice Y Richardson Y Roberts
Rogers
Y Royal Y Sanders Y Sauder Y Scarlett
Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper
Y Smith, B Y Smith, C N Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P
Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires
Y Stallings N Stancil
Stanley, P
Stanley-Turner
Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman
Tolbert
Y Trense Y Turnquest Y Twiggs
Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West N Westmoreland Y Whitaker N Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 134, nays 20.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representatives Holmes of the 53rd and Tolbert of the 25th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
Representative Coleman of the 142nd assumed the Chair. HB 73. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of
the 24th: A bill to amend Article 1 of Chapter 45 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions concerning municipal

WEDNESDAY, FEBRUARY 3, 1999

253

training, so as to change the terms of office of members appointed to the board of the Harold F. Holtz Municipal Training Institute.

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

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

Alien Anderson Ashe Bailey Bannister Barnard Barnes Benefield Birdsong
Bohannon
Bordeaux Borders Bridges
Brooks
Brown
Buck Buckner Bulloch
Bunn
Burkhalter
Byrd Callaway Campbell Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell Cooper Cox Crawford Cummings Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps
Evans Y Everett Y Felton
Floyd
Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Manner
Y Harbin
Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree E Henson Y Holland
Holmes Y Houston Y Howard Y Hudgens
Hudson, H Y Hudson, N

Y Hugley
Irvin
Y Jackson, B Y Jackson, L
James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis
Lord Y Lucas
Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris
Mosley
Mueller Y OTSTeal Y Orrock Y Parham
Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder
Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray
Reaves Y Reece Y Reed
Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal
Sanders Y Sauder Y Scarlett Y Scheid
Scott Y Shanahan Y Shaw Y Shipp
Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow Squires Stallings Stancil Stanley, P Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper Tillman Tolbert Trense Turnquest Twiggs Unterman
Walker, L Walker, R.L Watson West Westmoreland Whitaker Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

On the passage of the Bill, the ayes were 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Representatives Holmes of the 53rd, Tolbert of the 25th and Scott of the 165th 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.
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.
HB 121. By Representative Barnard of the 154th: A bill to amend Chapter 32 of Title 33 of the Official Code of Georgia Annotated, relating to property insurance, so as to provide for available length of terms under certain crop insurance policies providing certain coverage for tobacco crops grown in this state.

254

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 Anderson Ashe Bailey Bannister Barnard Barnes Benefield Birdsong Bohannon Bordeaux Borders Bridges Brooks Brown Buck Buckner Bulloch
Bunn Burkhalter
Byrd Callaway Campbell Cash Channell
Childers Clark
Coan
Coleman, B
Coleman, T
Connell
Cooper
Cox Crawford
Cummings Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd N Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree E Henson Y Holland Y Holmes Y Houston Y Howard
Hudgens Y Hudson, H Y Hudson, N

Y Hugley Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis
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
Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray
Reaves Y Reece Y Reed
Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp
Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Smith, L.R Smith, P Smith, T Smith, V Smyre
Snelling
Snow Squires Stallings Stancil Stanley, P Stanley-Turner
Stephens
Stokes
Stuckey
Taylor
Teague
Teper
Tillman
Tolbert
Trense
Turnquest
Twiggs
Unterman Walker, L Walker, R.L Watson West Westmoreland Whitaker Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

On the passage of the Bill, the ayes were 158, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
Representative Sholar of the 179th 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 112. By Representative Floyd of the 138th:
A bill to amend Code Section 12-6-61 of the Official Code of Georgia Annotated, relating to prohibited acts relative to the conduct of forestry practices, so as to provide that such Code section shall not prohibit a person from conducting forestry practices on land he or she owns in fee simple.
The following Committee substitute was read and adopted: A BILL
To amend Code Section 12-6-61 of the Official Code of Georgia Annotated, relating to prohibited acts relative to the conduct of forestry practices, so as to provide that such Code section shall not prohibit a person from conducting forestry practices on land he or she owns in fee simple or as a life tenant; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 3, 1999

255

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 12-6-61 of the Official Code of Georgia Annotated, relating to prohibited acts relative to the conduct of forestry practices, is amended by striking in its entirety subsection (c) and inserting in lieu thereof the following:

"(c) Notwithstanding subsection (b) of this Code section or any other provisions of this part, nothing in this part shall be construed as preventing or prohibiting any person from managing or otherwise conducting forestry practices on land owned, leased, rented, or held in fee simple or as a life tenant by such person; nor shall anything in this part prohibit any regular employee or official of any person, corporation, partnership, agency, institution, or other entity from engaging in professional or other forestry practices on lands owned, leased, rented, or held in fee simple or as a life tenant by such person, corporation, partnership agency, institution, or other entity; nor shall anything in this part prohibit any graduate of a school of forestry from practicing forestry under supervision as authorized in Code Section 12-6-49 so as to qualify for licensing as provided in that Code section."

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

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

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

Y Alien Y Anderson
Ashe Y Bailey Y Bannister
Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon
Bordeaux
Y Borders Y Bridges Y Brooks Y Brown E Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channel! Y Childers Y Clark Y Coan
Coleman, B
Coleman, T
Connell
Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson
Y Dukes Y Ehrhart Y Epps Y Evans Y Everett
Felton Y Floyd Y Franklin Y Golick
Y Graves Y Greene Y Grindley
Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree
E Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H
Y Hudson, N

Y Hugley
Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis
Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell
Ragas Randall Y Hay Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Sinkfield
Skipper
Y Smith, B 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 Squires Y Stallings Y Stancil
Stanley, P
Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest
Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

256

JOURNAL OF THE HOUSE

On the passage of the Bill, by substitute, the ayes were 158, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 68. By Representatives Birdsong of the 123rd, Porter of the 143rd, Jamieson of the 22nd, Roberts of the 162nd, Sims of the 167th and others:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to provide for instructional activity relating to the Presidents of the United States on President's Day of each year; to provide for instructional activity relating to Veterans Day.
The following Committee substitute was read and adopted:
A BILL
To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to provide for instructional activity relating to Veterans Day; to provide that public elementary and secondary schools may be closed on November 11 of each year in honor of veterans; to provide for related matters; to repeal conflicting laws; and for other purposes.
WHEREAS, veterans of the armed forces of the United States have established an outstanding record of valor and service during periods of international conflict; and
WHEREAS, the exceptional leadership, courage, and commitment demonstrated by those who have served their country in times of war have created a proud and noble heritage; and
WHEREAS, our nation has been blessed with an abundance of men and women who have served with dedication to ensure that peace and freedom are preserved for others; and
WHEREAS, we must recognize the sacrifices made by committed members of the armed forces and affirm the ideals and principles they have been called to defend; and
WHEREAS, it is only fitting and proper that students, teachers, and administrators in the public schools be encouraged to observe November 11 each year with appropriate programs, ceremonies, and activities in honor of those who have served in our armed forces.
NOW, THEREFORE, 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, known as the "Quality Basic Education Act," is amended by adding at the end of Part 2, relating to competencies and core curriculum, a new Code Section 20-2-146 to read as follows:
"20-2-146.
On a school day on or immediately preceding or as close to the annual observance of Veterans Day as practicable as determined by a school's scheduled curriculum, each elementary and secondary school may provide for instructional activity focusing on the contributions of veterans and the importance of the armed forces of the United States."

WEDNESDAY, FEBRUARY 3, 1999

257

SECTION 2.
Said article is further amended by striking in its entirety paragraph (1) of subsection (c) of Code Section 20-2-168, relating to distribution of federal funds by the State Board of Education, combined purchase of supplies and equipment, minimum school year, summer school programs, and year-round operation, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(c)(l) Except as otherwise provided in this Code section, public elementary and secondary schools of this state receiving state aid under this article shall provide each eligible student with access to no less than 180 school days of education each fiscal year. The State Board of Education shall define a school year, which shall be no less than 180 days of instruction in accordance with the provisions of this subsection, and shall define the length of the school day, provided that all public elementary and secondary schools may be closed for instruction on November 11 of each year as determined by each local board of education to enable students, teachers, and administrators to participate in Veterans Day programs to honor veterans of the armed forces."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Alien Anderson Ashe Bailey Bannister
Barnard Barnes
Benefield
Birdsong Bohannon
Bordeaux Borders Bridges Brooks Brown Buck Buckner Bulloch
Bunn Burkhalter Byrd
Callaway Campbell Cash
Channell Childers Clark
Coan Coleman, B Coleman, T
Connell Cooper Cox Crawford Cummings Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree E Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley
Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis
Lord Y Lucas
Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote
Y Pinholster
Y Poag
Y Ponder
Y Porter
Y Powell
Y Purcell
Y Ragas
Y Randall
Y Ray
Y Reaves
Y Reece
Y Reed
Reese 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 Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow Squires Stallings Stancil Stanley, P Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper Tillman Tolbert Trense Turnquest Twiggs Unterman
Walker, L
Walker, R.L
Watson
West
Westmoreland
Whitaker
Wiles
Williams, J
Williams, R
Wix
Yates
Murphy, Spkr

258

JOURNAL OF THE HOUSE

On the passage of the Bill, by substitute, the ayes were 164, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 337. By Representative Randall of the 127th:
A bill to amend Code Section 17-6-30 of the Official Code of Georgia Annotated, relating to fees of sureties, so as to change the amount which sureties on criminal bonds may charge as compensation from defendants or from anyone acting for defendants.

The report of the Committee, which was favorable to the 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
N Ashe
Bailey Bannister Barnard Barnes Bent-field
Birdsong
Bohannon Bordeaux Borders Bridges Brooks
Brown Buck Buckner Bulloch
Bunn Burkhalter Byrd Callaway
Campbell
Cash
Channell Childers Clark Coan Coleman, B Coleman, T Connell
Cooper
Cox Crawford Cummings Davis, M

N Davis, T Y Day Y Dean Y DeLoach, B N DeLoach, G Y Dix Y Dixon Y Dodson
Dukes N Ehrhart Y Epps N Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves N Greene N Grindley Y Hammontree
Hanner Y Harbin
N Harrell Y Heard Y Heckstall Y Hegstrom N Hembree E Henson Y Holland N Holmes
Y Houston Y Howard N Hudgens Y Hudson, H N Hudson, N

Y Hugley Irvin
Y Jackson, B Y Jackson, L Y James N Jamieson Y Jenkins
N Jennings Y Jones Y Joyce N Kaye Y Lane Y Lewis
Lord Y Lucas N Maddox N Mann N Manning Y Martin, J
Martin, J.L Y Massey Y McBee N McCall Y McClinton N McKinney N Millar
N Mills N Mobley Y Morris Y Mosley
Mueller Y OTSTeal Y Orrock Y Parham Y Parrish Y Parsons

N Pelote Y Pinholster
Y Poag N Ponder
N Porter Powell
Y Purcell
N Ragas Y Randall Y Hay
Reaves Y Reece N Reed
N Reese Y Reichert Y Rice Y Richardson
Roberts
Y Rogers Royal
N Sanders Y Sauder
Y Scarlett Y Scheid Y Scott N Shanahan Y Shaw
Shipp
Sholar Y Sims Y Sinkfield
Skipper
Y Smith, B Y Smith, C N Smith, C.W
N Smith, L

N Smith, L.R Y Smith, P
Smith, T Y Smith, V Y Smyre N Snelling Y Snow Y Squires Y Stallings N Stancil
Stanley, P Stanley-Turner Y Stephens N Stokes Y Stuckey Y Taylor league N Teper Y Tillman N Tolbert Y Trense Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson N West N Westmoreland N Whitaker Y Wiles N Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 100, nays 56.
The Bill, having received the requisite constitutional majority, was passed.
Representatives Dukes of the 161st and Royal of the 164th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 94. By Representative Williams of the 114th:
A bill to amend Chapter 43 of Title 33 of the Official Code of Georgia Annotated, relating to medicare supplement insurance, so as to define certain terms; to change certain provisions relating to applicability of chapter.

WEDNESDAY, FEBRUARY 3, 1999

259

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks
Y Brown E Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash
Y Channell Y Childers
Y Clark
Y Coan Y Coleman, B
Coleman, T
Connell Y Cooper Y Cox Y Crawford Y Cummings N Davis, M

Y Davis, T
Y Day
Y Dean
DeLoach, B
Y DeLoach, G
Y Dix Y Dixon
Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves
Y Greene Y Grindley
Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree E Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Hugley
Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce
Kaye Y Lane Y Lewis
Lord
Y Lucas
Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote
Y Pinholster
Y Poag
Y Ponder
Y Porter
Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott
Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.H Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Stanley- Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague
Y Teper Y Tillman Y Tolbert Y Trense
Turnquest
Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 163, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
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. HB 265. By Representatives Watson of the 70th, Davis of the 60th, Walker of the
141st, Hammontree of the 4th, Crawford of the 129th and others: A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to provide that any person who commits the offense of simple assault, simple battery, or battery against a sports official while such sports official is officiating an amateur contest or while such sports official is on or exiting the property where he or she will officiate or has completed officiating an amateur contest shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.
The following amendment was read:
Representative Williams of the 83rd moves to amend HB 265 as follows:

260

JOURNAL OF THE HOUSE

Page 2 lines 8-18 strike paragraph (d).

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

N Alien N Anderson N Ashe
N Bailey
Y Bannister
Y Barnard N Barnes N Benefield N Birdsong Y Bohannon Y Bordeaux Y Borders N Bridges N Brooks Y Brown E Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell N Cash N Channel! N Childers Y Clark Y Coan Y Coleman, B
Coleman, T Connell Y Cooper Y Cox N Crawford Y Cummings Y Davis, M

N Davis, T N Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix
N Dixon
N Dodson N Dukes Y Ehrhart N Epps Y Evans N Everett Y Pelton N Floyd Y Franklin Y Golick
N Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin N Harrell N Heard N Heckstall N Hegstrom
Y Hembree E Henson
Y Holland Y Holmes N Houston N Howard Y Hudgens N Hudson, H Y Hudson, N

N Hugley Irvin
Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Jones Y Joyce Y Kaye N Lane Y Lewis
Lord Lucas N Maddox Y Mann Y Manning N Martin, J N Martin, J.L N Massey N McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills N Mobley N Morris N Mosley Y Mueller N O'Neal Y Orrock N Parham N Parrish Y Parsons

N Pelote Y Pinholster Y Poag Y Ponder N Porter Y Powell N Purcell N Ragas N Randall Y Ray Y Reaves Y Reece Y Reed Y Reese
Y Reichert
Y Rice
Y Richardson
N Roberts Y Rogers
Y Royal
Y Sanders Y Sauder N Scarlett Y Scheid Y Scott N Shanahan Y Shaw Y Shipp Y Sholar N Sims Y Sinkfield N Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L

N Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow
N Squires
N Stallings Y Stancil
Stanley, P
Stanley-Turner
Y Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Tolbert Y Trense
Turnquest
N Twiggs Y Unterm an N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R N Wix Y Yates Y Murphy, Spkr

On the adoption of the amendment, the ayes were 91, nays 79.

The amendment was adopted.

Representative Walker of the 141st 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 Y Anderson N Ashe Y Bailey N Bannister
N Barnard Y Barnes
Benefield
Y Birdsong N Bohannon N Bordeaux Y Borders N Bridges Y Brooks N Brown

E Buck
Y Buckner
N Bulloch N Bunn
N Burkhalter
Byrd N Callaway N Campbell Y Cash Y Channell Y Childers N Clark N Coan N Coleman, B
Coleman, T

Connell
N Cooper N Cox Y Crawford Y Cummings N Davis, M N Davis, T
Day N Dean N DeLoach, B N DeLoach, G N Dix Y Dixon Y Dodson Y Dukes

N Ehrhart Y Epps N Evans N Everett N Felton
Y Floyd N Franklin N Golick Y Graves Y Greene N Grindley N Hammontree Y Hanner N Harbin N Harrell

Y Heard Y Heckstall Y Hegstrom N Hembree
E Henson
Y Holland
N Holmes
Y Houston Y Howard N Hudgens Y Hudson, H N Hudson, N N Hugley
Irvin N Jackson, B

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

WEDNESDAY, FEBRUARY 3, 1999

261

McKinney
N Millar N Mills Y Mobley
Y Morris
Y Mosley
N Mueller Y OTSIeal N Orrock Y Parham Y Parrish Y Parsons Y Pelote N Pinholster N Poag N Ponder Y Porter N Powell N Purcell Y Ragas Y Randall

Y Ray Y Reaves N Reece Y Reed N Reese N Reichert N Rice N Richardson Y Roberts Y Rogers N Royal
N Sanders
Y Sauder N Scarlett N Scheid N Scott
Y Shanahan
N Shaw N Shipp N Sholar Y Sims

N Sinkfield Y Skipper N Smith, B Y Smith, C N Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T
N Smith, V Y Smyre N Snelling Y Snow Y Squires Y Stallings N Stancil
Stanley, P
Stanley-Turner N Stephens N Stokes N Stuckey

N Taylor Y Teague Y Teper Y Tillman Y Tolbert
N Trense
Turnquest
Y Twiggs N Unterman Y Walker, L N Walker, R.L Y Watson Y West N Westmoreland N Whitaker N Wiles N Williams, J N Williams, R Y Wix N Yates Y Murphy, Spkr

On the motion, the ayes were 78, nays 89.

The motion was lost.

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

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

Y Alien
Y Anderson Y Ashe
Y Bailey
Y Bannister
N Barnard Y Barnes
Y Benefield
Y Birdsong Y Bohannon
N Bordeaux Y Borders Y Bridges Y Brooks N Brown E Buck Y Buckner N Bulloch N Bunn
Y Burkhalter N Byrd Y Callaway Y Campbell Y Cash Y Channell N Childers Y Clark Y Coan Y Coleman, B
Coleman, T
Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

N Davis, T Y Day N Dean N DeLoach, B Y DeLoach, G N Dix
Y Dixon
Y Dodson Y Dukes Y Ehrhart Y Bpps Y Evans Y Everett N Felton
Y Floyd
Y Franklin Golick
Y Graves Y Greene Y Grindley Y Hammontree
Manner Y Harbin
N Harrell
Y Heard Y Heckstall Y Hegstrom Y Hembree E Henson Y Holland N Holmes Y Houston Y Howard N Hudgens Y Hudson, H Y Hudson, N

Y Hugley Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane N Lewis
Lord Lucas Y Maddox Y Mann
Manning
Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar N Mills
Y Mobley
Y Morris N Mosley N Mueller Y O'Neal N Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster N Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves N Reece Y Reed N Reese Y Reichert N Rice N Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims
Sinkfield Y Skipper N Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R
Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snelling N Snow N Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner Y Stephens N Stokes N Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense
Turnquest Y Twiggs Y Unterman Y Walker, L N Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix N Yates
Murphy, Spkr

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On the passage of the Bill, as amended, the ayes were 131, nays 34.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The Speaker assumed the Chair.
HB 149. By Representatives Porter of the 143rd, Ray of the 128th, Floyd of the 138th, Coleman of the 142nd, Murphy of the 18th and others:
A bill to amend Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to capital outlay funds, so as to provide for legislative findings and intent; to define certain terms; to provide for lowwealth capital outlay grants to be made by the State Board of Education to local school systems.
The following Committee substitute was read and adopted:
A BILL
To amend Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to capital outlay funds, so as to provide for legislative findings and intent; to define certain terms; to provide for low-wealth capital outlay grants to be made by the State Board of Education to local school systems; to establish criteria for eligibility for such grants; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated is amended by adding a new Code section, to be designated as Code Section 20-2-262, to read as follows:
"20-2-262.
(a) The General Assembly finds that many local school systems in Georgia have relatively weak local tax bases and are unable to raise revenues sufficient to meet their facility needs. The General Assembly further finds that even with current levels of state capital outlay support, these systems must wait for years before they can accumulate funds to initiate construction projects that are needed immediately. For some systems, the availability of the local option sales tax does not resolve their problem, because their commercial tax base is as meager as their property wealth. The difficulty is compounded if the per capita income in the school system is low, because residents have less ability to take advantage of property tax and sales tax options to meet their facility needs. It is the intent of the General Assembly to provide for state capital outlay grants specifically targeted to low-wealth school systems, on a trial basis, in order to help such systems initiate what they have been unable to accomplish with existing revenue sources.
(b) As used in this Code section, the terms 'full-time equivalent student count' and 'weighted full-time equivalent student count' shall have the same meaning as provided in Code Section 20-2-260.
(c) The State Board of Education shall provide eligible local school systems with lowwealth capital outlay grants as provided for in this Code section, subject to appropriation by the General Assembly. Such grants shall provide sufficient funds to cover 90 percent of the cost of the local school system's first priority project, as contained in the system's most recently approved local facilities plan.

WEDNESDAY, FEBRUARY 3, 1999

263

(d) Local school systems which meet the following criteria shall be eligible for a lowwealth capital outlay grant:

(1) The amount of sales tax revenues per unit in the full-time equivalent student count of the local school system is less than 75 percent of the state-wide average sales tax revenues per unit in the full-time equivalent student count;

(2) The value of property per unit in the weighted full-time equivalent student count of the local school system is less than 75 percent of the state-wide average value of property per unit in the weighted full-time equivalent student count;

(3) The per capita income of residents of the local school district is less than 75 percent of the state-wide average per capita income level;

(4) The local school system's millage rate for maintenance and operation is at least 60 percent of the system's constitutional authority to recommend; or if the school system is not a recommending authority, the appropriations to the system represent a minimum of 60 percent of the amount that would be generated by a rate of 20 mills; or if the school system is eligible to receive local option sales tax proceeds for maintenance and operation purposes, the combination of property tax revenue and sales tax revenue represents a minimum of 60 percent of the amount that would be generated by a rate of 20 mills;

(5) A special purpose local option sales tax is in effect in the local school district or the local school system has in place a millage rate for debt service on bonds, or both; and

(6) The local school system is currently participating in advance funding from the state for capital outlay projects and will continue in that status for a minimum of one additional fiscal year beyond the fiscal year for which the grant is made."

SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be automatically repealed on June 30, 2002.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Alien Y Anderson Y Ashe
Y Bailey Y Bannister
Y Barnard Y Barnes Y Benefield Y Birdsong
Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks

Y Brown E Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan

Y Coleman, B Y Coleman, T
Connell Y Cooper Y Cox Y Crawford Y Cummings N Davis, M
Davis, T Day Dean DeLoach, B
DeLoach, G Dix

Y Dixon Y Dodson
Dukes
Y Ehrhart Y Epps
Y Evans Y Everett Y Felton Y Floyd N Franklin Y Golick Y Graves
Y Greene Y Grindley

Y Hammontree Y Hanner Y Harbin
Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree
Y Henson Y Holland Y Holmes Y Houston
Y Howard Y Hudgens

264
Y Hudson, H Y Hudson, N Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis
Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L

JOURNAL OF THE HOUSE

Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y OTsTeal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell

Y Purcell Y Ragas Y Randall Y Ray Y Reaves
Y Reece Y Reed Y Reese 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 Shipp

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires
Y Stallings Y Stancil
Stanley, P Y Stanley-Turner Y Stephens Y Stokes

Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix
Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 168, nays 3.

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 38. By Representatives Porter of the 143rd and Jamieson of the 22nd:
A bill to amend Code Section 20-2-160 of the Official Code of Georgia Annotated, relating to student program counts, so as to change the provisions regarding program counts for students in the program established in Code Section 20-2-161.1.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown E Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers

Y Clark Y Coan Y Coleman, B
Y Coleman, T
Connell
Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G
Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin

Y Golick
Y Graves
Y Greene Y Grindley Y Hammontree Y Hanner
Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson

Y Jenkins
Y Jennings Y Jones Y Joyce
Y Kaye Y Lane Y Lewis
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 Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal

Y Orrock Y Parham Y Parrish
Y Parsons Y Pelote Y Pinholster Y Poag
Y Ponder Y Porter Y Powell
Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice
Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder

Scarlett Scheid Scott Shanahan Shaw Shipp Sholar
Sims
Sinkfield
Skipper

WEDNESDAY, FEBRUARY 3, 1999

Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.E Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling

Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor

Y Teague Y Teper Y Tillman Y Tolbert Y Trense
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L

265
Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix
Yates Murphy, Spkr

On the passage of the Bill, the ayes were 170, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 34 Do Pass
Respectfully submitted, /s/ Reaves of the 178th
Chairman
Representative Mann of the 5th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 337.
Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed. The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia Thursday, February 4, 1999

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

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

Alien Anderson Ashe Bailey Bannister Barnard Barnes Benefield Birdsong Bohannon Bordeaux Borders Bridges Brooks Brown E Buck Bulloch Burkhalter Byrd Campbell Cash Childers Clark Coan Coleman, B Connell

Cooper Cox Crawford Davis, M Davis, T DeLoach, B DeLoach, G Dixon Dodson Dukes Ehrhart Evans Everett Felton Floyd Franklin Golick Graves Greene Grindley Hammontree Harbin Harrell Heard Hegstrom Hembree

E Henson Holland Houston Hudgens
E Hudson, H Hudson, N Hugley Jackson, L
James Kaye Lane Lord Mann Manning Martin, J.L McBee Millar Mills Morris Mosley Mueller OTfeal Parham Parrish
E Parsons Pelote

Pinholster Poag Powell Purcell Ray Reaves Reece Reed Reichert Rice Richardson Rogers Royal Sanders Sauder Scheid Scott Shanahan Shaw Shipp Sholar Sinkfield Skipper Smith, B Smith, C.W Smith, L

Smith, L.R Smith, P Smith, T Smith, V Smyre E Snelling Snow E Squires Stephens Stokes Stuckey Teper Tillman Tolbert Trense Twiggs Unterman Walker, L West Westmoreland Williams, J Williams, R Wix Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Jamieson of the 22nd, Channell of the lllth, Jennings of the 63rd, Roberts of the 162nd, Day of the 153rd, Epps of the 131st, Lewis of the 14th, Ponder of the 160th, Smith of the 175th, Maddox of the 72nd, Orrock of the 56th, Stancil of the 16th, Dix of the 76th, Lucas of the 124th, McClinton of the 68th, Jenkins of the 110th, Jones of the 71st, Wiles of the 34th, Stallings of the 100th, Coleman of the 142nd, Ragas of the 64th, Scarlett of the 174th, Watson of the 70th, Porter of the 143rd, Massey of the 86th, Callaway of the 81st, Teague of the 58th, Bunn of the 74th, Stanley-Turner of the 50th, Reese of the 85th, Hanner of the 159th, Sims of the 167th, Randall of the 127th, Mobley of the 69th, Dean of the 48th, Heckstall of the 55th, Jackson of the 112th, Joyce of the 1st, Taylor of the 134th and Turnquest of the 73rd.
They wish to be recorded as present.
Prayer was offered by the Reverend Jether L. Cochran, Pastor, Mount Calvary Baptist Church, Calhoun, 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.

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267

The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 456. By Representatives Sims of the 167th, Hudson of the 156th, Walker of the
141st, Watson of the 70th, Cash of the 108th and others: A bill to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide that no private contractor shall house out-of-state prisoners pursuant to a contract with an out-of-state jurisdiction in a detention facility in this state without the approval of the Department of Corrections and the governing authority of the county or municipality wherein the detention facility is to be located.
Referred to the Committee on State Institutions & Property.
HB 457. By Representatives Dukes of the 161st, Everett of the 163rd and Roberts of the 162nd: A bill to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees' Retirement System of Georgia, so as to provide for creditable service for prior part-time service.
Referred to the Committee on Retirement.
HB 458. By Representatives Childers of the 13th and Smith of the 12th: A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to counties and municipal corporations, so as to prohibit the commencement of certain rock quarry operations under certain circumstances.
Referred to the Committee on State Planning & Community Affairs.
HB 459. By Representatives Jamieson of the 22nd, Royal of the 164th, Skipper of the 137th, Shanahan of the 10th, Dix of the 76th and others: A bill to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to specific, business, and occupation taxes, so as to change or clarify certain definitions, in-

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eluding definitions for employee, gross receipts, location or office, and regulatory fees.
Referred to the Committee on Ways & Means.

HB 460. By Representatives Bannister of the 77th, Everett of the 163rd, Williams of the 83rd, Channell of the lllth and Ashe of the 46th:
A bill to amend Code Section 20-3-519.2 of the Official Code of Georgia Annotated, relating to eligibility requirements for a HOPE scholarship at a public postsecondary institution, so as to allow students to receive such scholarship for up to an additional 16 semester hours if such hours are required for the student to earn a degree due to the institution's shift from a quarter to semester system of course work.
Referred to the Committee on Education.

HB 461. By Representative Greene of the 158th:
A bill to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to fixing of sentences, suspension or probation of sentence, changes in sentence, eligibility for parole, prohibited modifications, and exceptions, so as to change the provisions relating to places for service of a sentence of probation which is revoked.
Referred to the Committee on State Institutions & Property.

HB 462. By Representative Parham of the 122nd:
A bill to amend Code Section 26-4-110 of the Official Code of Georgia Annotated, relating to pharmacy licenses, so as to change certain sign and identification limitations regarding pharmacies in general merchandising establishments.
Referred to the Committee on Health & Ecology.

HB 463. By Representatives Holmes of the 53rd, Brooks of the 54th and Heckstall of the 55th:
A bill to amend Article 6 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the Indigent Care Trust Fund, so as to provide for the deposit of any settlement or other recovery in certain litigation with tobacco companies into the trust fund.
Referred to the Committee on Appropriations.

HB 464. By Representatives Holmes of the 53rd, Brooks of the 54th, Dean of the 48th and Randall of the 127th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the election of the members of the House of Representatives by means of preference voting from multiple-member districts; to provide for procedures relative to the foregoing; to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to provide for membership and apportionment of the membership of the House of Representatives and the Senate.
Referred to the Committee on Governmental Affairs.

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269

HB 465. By Representatives Holmes of the 53rd, Orrock of the 56th, Sinkfield of the 57th, Ashe of the 46th, Stuckey of the 67th 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 suspension or revocation of licenses of habitually negligent or dangerous drivers and the point system; to change certain provisions relating to seat belt equipment requirements and safety restraints for children under four years of age.
Referred to the Committee on Motor Vehicles.

HB 466. By Representatives Ragas of the 64th, Brooks of the 54th, Maddox of the 72nd, Stuckey of the 67th, Jones of the 71st and others:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to provide for destruction of certain fingerprint records; to repeal the requirement of fingerprinting and similar identification of applicants for drivers' licenses.
Referred to the Committee on Motor Vehicles.

HB 467. By Representative Howard of the 118th:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to provide that it shall be unlawful for any promotional offer to require an offeree to pay any money, including but not limited to, any service fees, mailing fees, or handling fees to receive a prize.
Referred to the Committee on Industry.

HB 468. By Representatives Reichert of the 126th and Hudson of the 156th:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to repeal certain provisions relating to radio common carriers.
Referred to the Committee on Industry.

HB 469. By Representative Hembree of the 98th:
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 change certain provisions relating to license plates for veterans awarded Purple Heart.
Referred to the Committee on Motor Vehicles.

HB 470. By Representatives Sims of the 167th, Byrd of the 170th, Mosley of the 171st, Royal of the 164th, Scott of the 165th and others:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions related to revenue and taxation, so as to impose a tax upon certain individuals' profits derived from accounts, descriptions, publishing a book or article, making a public appearance, or participating in any commercial activity concerning certain crimes committed within the State of Georgia.
Referred to the Committee on Ways & Means.

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HB 471. By Representative Golick of the 30th: A bill to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to the fixing of sentence involving a crime and suspension or probation of sentence, so as to change certain provisions relating to the revocation of probation; to provide that any part of a sentence of probation revoked for a violation other than a special condition shall be served in a probation detention center, probation boot camp, diversion center, weekend lock up.
Referred to the Committee on State Institutions & Property.
HR 208. By Representative Jamieson of the 22nd: A resolution designating the Veterans Memorial Way.
Referred to the Committee on Transportation.
HR 209. By Representatives Porter of the 143rd and Coleman of the 142nd: A resolution designating the bridge on State Highway 338 at Rocky Creek in Laurens County as the "Rubert Hogan Bridge".
Referred to the Committee on Transportation.

The Speaker Pro Tern assumed the Chair.

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

HB 419 HB 420 HB 421 HB 422 HB 423 HB 424 HB 425 HB 426 HB 427 HB 428 HB 429 HB 430 HB 431 HB 432 HB 433 HB 434 HB 435 HB 436 HB 437 HB 438 HB 439 HB 440 HB 441 HB 442 HB 443

HB 444 HB 445 HB 446 HB 447 HB 448 HB 449 HB 450 HB 451 HB 452 HB 453 HB 454 HB 455 HR 199 HR 200 HR 201 HR 202 HR 203 HR 204 HR 207 SB 6 SB 10 SB 16 SB 19 SB 34 SR 45

Pursuant to Rule 52, Representative Powell of the 23rd moved that the following Bill of the House be engrossed:

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271

HB 442. By Representatives Powell of the 23rd 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 motor vehicle drivers' licenses, so as to change certain provisions relating to revocation of licenses of persons under age 21 for certain offenses and issuance of new license following revocation.

The motion prevailed.
Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:
Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 106 Do Pass, as Amended HB 206 Do Pass HR 120 Do Pass, by Substitute
Respectfully submitted, 1st Childers of the 13th
Chairman

Representative Hudson of the 156th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:

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

HB 88 Do Pass HB 173 Do Pass, by Substitute

HB 312 Do Pass, by Substitute HB 331 Do Pass, by Substitute

Respectfully submitted, 1st Hudson of the 156th
Chairman

Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 213 Do Pass, by Substitute
Respectfully submitted, /s/ Twiggs of the 8th
Chairman

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JOURNAL OF THE HOUSE

Representative Smyre of the 136th 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 62 Do Pass HR 173 Do Pass HR 205 Do Pass
Respectfully submitted, lei Smyre of the 136th
Chairman

Representative Randall of the 127th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 58 Do Pass HB 181 Do Pass, by Substitute
Respectfully submitted, Isl Randall of the 127th
Chairman

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

Mr. Speaker:

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

HB 277 Do Pass HB 403 Do Pass HB 404 Do Pass

HB 412 Do Pass HB 418 Do Pass

Respectfully submitted, lal Royal of the 164th
Chairman

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273

Representative Benefield of the 96th District, Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:
Your Committee on Transportation has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 162 Do Pass
Respectfully submitted, /s/ Benefield of the 96th
Chairman
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: HB 277. By Representative Coleman of the 80th:
A bill to provide a new charter for the City of Berkeley Lake.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 403. By Representative Whitaker of the 7th:
A bill to create the Gilmer County Family Connection Commission.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 404. By Representative Whitaker of the 7th:
A bill to provide for an advisory referendum election to be held in Lumpkin County for the purpose of determining whether the Lumpkin County Board of Commissioners should adopt comprehensive land use and zoning regulations for unincorporated areas of the county.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 412. By Representatives Williams of the 83rd and Unterman of the 84th:
A bill to provide a homestead exemption from City of Snellville ad valorem taxes for city purposes, in the amount of $3,000.00 of the assessed value of the homestead for certain residents of that city who are under 65 years of age and to provide a homestead exemption from City of Snellville ad valorem taxes for city purposes, in the amount of $5,000.00 of the assessed value of that homestead for certain residents of that city who are 65 years of age or over or totally disabled.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 418. By Representative Purcell of the 147th:
A bill to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues for the County of Effingham," so as to change the compensation of the chairperson and members of such board of commissioners.

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

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

Alien
Anderson
Ashe Bailey Bannister Barnard
Barnes
Benefield
Y Birdsong Bohannon Bordeaux Borders Bridges Brooks
Brown
Buck Buckner Bulloch Bunn Burkhalter Byrd Callaway Campbell Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell
Y Cooper
Cox Crawford Cummings
Davis, M

Y Davis, T
Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon
Y Dodson
Y Dukes
Y Ehrhart
Epps Evans Y Everett Y Felton Y Floyd Y Franklin Golick Y Graves Greene Y Grindley Hammontree Y Manner Y Harbin Y Harrell Y Heard Heckstall Y Hegstrom Y Hembree E Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens E Hudson, H Y Hudson, N

Y Hugley
Irvin
Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings
Jones
Joyce Y Kaye Y Lane Y Lewis
Lord Y Lucas
Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L
Massey Y McBee
McCall Y McClinton
McKinney Y Millar Y Mills
Mobley Y Morris Y Mosley Y Mueller
O'Neal Y Orrock Y Parham Y Parrish E Parsons

Pelote
Pinholster
Poag Ponder Porter Powell Purcell
Ragas Randall Ray Reaves Reece Reed
Reese Reichert Rice Richardson
Roberts Rogers Royal Sanders Sauder
Scarlett Scheid Scott Shanahan
Shaw Shipp Sholar Sims Sinkfield Skipper
Smith, B Smith, C
Smith, C.W Smith, L

Y Smith, L.R Y Smith, P
Smith, T Y Smith, V Y Smyre Y Snelling
Y Snow
E Squires Y Stallings Y Stancil
Stanley, P Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper
Tillman Tolbert Trense
Turnquest
Twiggs
Unterman Walker, L Walker, R.L Watson West Westmoreland Whitaker Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

On the passage of the Bills, the ayes were 131, nays 0. The Bills, having received the requisite constitutional majority, were passed.
The following members were excused from voting on the previous roll call because of a Special Judiciary Committee meeting:
Representatives Randall of the 127th, Jenkins of the 110th, Mobley of the 69th, Callaway of the 81st, Dean of the 48th, Golick of the 30th, Heckstall of the 55th, Jackson of the 112th, Joyce of the 1st, Massey of the 86th, Reese of the 85th, Scarlett of the 174th, Taylor of the 134th and Turnquest of the 73rd.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the House:

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275

HB 145. By Representatives Coleman of the 142nd, Murphy of the 18th, Walker of the 141st and others:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1999, in addition to any other appropriation heretofore or hereafter made for the operation of state government and the purposes provided for herein.
HB 196. By Representatives Westmoreland of the 104th, Brown of the 130th, Smith of the 103rd and Yates of the 106th:
A bill to amend an Act creating the State Court of Coweta County, so as to change the provisions relating to the clerk of the state court and other personnel of the court.
Representative Bohannon of the 139th arose to a point of personal privilege and addressed the House.
Representative Sanders of the 107th arose to a point of personal privilege and addressed the House.
Representative Walker of the 87th arose to a point of personal privilege and addressed the House.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 205. By Representatives Jennings of the 63rd, Orrock of the 56th, Smith of the 103rd, Felton of the 43rd, Harrell of the 62nd and others:
A resolution recognizing February 4, 1999, as "Girls and Women in Sports Day" and commending and inviting Georgia's outstanding female athletes to appear before the House of Representatives.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 210. By Representatives West of the 101st, Stallings of the 100th, Richardson of the 26th, Poag of the 6th, Murphy of the 18th and others:
A resolution expressing regret at the passing of Captain Robbie Bishop and inviting his wife, Mrs. Lisa Bishop, and their children to appear before the House of Representatives.
HR 211. By Representatives Whitaker of the 7th and DeLoach of the 119th:
A resolution commending and honoring the Ellijay Apple Marketing Association and its member apple growers and inviting them to the House of Representatives.
HR 212. By Representatives Banner of the 159th and Skipper of the 137th:
A resolution commending the Lee County American All-Stars Dixie Youth Baseball team and inviting the team and its coaches to appear before the House of Representatives.
Under the general order of business, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 256. By Representatives Martin of the 47th, Bordeaux of the 151st and Alien of the 117th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for consent to admission to or discharge from a

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health care facility or placement or transfer to another health care facility or placement for adults unable to consent.
The following Committee substitute was read and adopted:

A BILL

To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for consent to admission to or discharge from a health care facility or placement or transfer to another health care facility or placement for adults unable to consent; to provide a short title; to provide for legislative findings and definitions; to provide that the Act does not apply to involuntary examination and hospitalization for treatment of mental illness; to provide for a physician's certification that an adult is unable to consent; to authorize enumerated persons to consent; to provide for limitation and expiration of authorization to consent; to provide for immunity; to provide for petition to the probate court for an order authorizing transfer, admission, or discharge; to provide for the contents of the petition, venue, and jurisdiction; to provide for affidavits by a physician and designated personnel of the discharging facility or placement; to provide for orders and copies of such orders to the commissioner of human resources; to provide for expiration and limitation of such orders; 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 31 of the Official Code of Georgia Annotated, relating to health, is amended by inserting a new chapter to be designated Chapter 36A to read as follows:

31-36A-1.

"CHAPTER 36A

This chapter shall be known and may be cited as the 'Temporary Health Care Placement Decision Maker for an Adult Act.'
31-36A-2.

(a) The General Assembly recognizes that there may be occasions when an adult has not made advance arrangements for a situation when he or she is unable to consent to his or her own admission to or discharge from one health care facility or placement or transfer to another health care facility or placement. Under these circumstances, the General Assembly further recognizes that it may be necessary and in the adult's best interest to be admitted to or discharged from one health care facility or placement or transferred to an alternative facility or placement.

(b) In recognition of the findings in subsection (a) of this Code section, the General Assembly declares that the laws of the State of Georgia shall provide for the most appropriate placement available for these individuals and shall declare an order of priority for those persons who may make the decision to transfer, admit, or discharge such adults at the appointed times and a procedure for obtaining authorization from the court in the absence of a person authorized to consent.
31-36A-3.

As used in this chapter, the term:

(1) 'Absence of a person authorized to consent' means that:

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(A) After diligent efforts for a reasonable period of time, no person authorized to consent under the provisions of Code Section 31-36A-6 has been located; or (B) All such authorized persons located have affirmatively waived their authority to consent or dissent to admission to or discharge from a health care facility or placement or transfer to an alternative health care facility or placement, provided that dissent by an authorized person to a proposed admission, discharge, or transfer shall not be deemed waiver of authority.
(2) 'Unable to consent' means that an adult is unable to: (A) Make rational and competent decisions regarding his or her placement options for health or personal care; or (B) Communicate such decisions by any means.
31-36A-4.
This chapter shall not apply to involuntary examination and hospitalization for treatment of mental illness, which shall continue to be governed by Title 37. 31-36A-5.
An attending physician, treating physician, or other physician licensed according to the laws of the State of Georgia, after having personally examined an adult, may certify in the adult's medical records the following:
(1) The adult is unable to consent for himself or herself; and
(2) It is the physician's belief that it is in the adult's best interest to be discharged from a hospital, institution, medical center, or other health care institution providing health or personal care for treatment of any type of physical or mental condition and to be transferred to or admitted to an alternative facility or placement, including, but not limited to, nursing facilities, personal care homes, rehabilitation facilities, and home and community based programs. 31-36A-6.
(a) Upon a physician's certification pursuant to Code Section 31-36A-5, and in addition to such other persons as may be otherwise authorized and empowered, any one of the following persons is authorized and empowered to consent, in the priority order listed below, either orally or otherwise, to such transfer, admission, or discharge:
(1) Any adult, for himself or herself;
(2) Any person authorized to give such consent for the adult under a health care agency complying with Chapter 36 of this title, the 'Durable Power of Attorney for Health Care Act';
(3) Any guardian of the person for his or her ward;
(4) Any spouse for his or her spouse;
(5) Any adult child for such person's parent;
(6) Any parent for such person's adult child;
(7) Any adult for such person's adult brother or sister;
(8) Any grandparent for such person's adult grandchild;

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(9) Any adult grandchild for such person's grandparent;
(10) Any adult uncle or aunt for such person's adult nephew or niece; or
(11) Any adult nephew or niece for such person's adult uncle or aunt.
(b) Any person authorized and empowered to consent under subsection (a) of this Code section shall, after being informed of the provisions of this Code section, act in good faith to consent to a transfer, admission, or discharge which the patient would have wanted had the patient been able to consent in the circumstances under which such transfer, admission, or discharge is considered or, if the patient's preferences are unknown, which such person believes the patient would have wanted had the patient been able to consent in the circumstances under which such transfer, admission, or discharge is considered. The current health care facility's discharge planner, social worker, or other designated personnel shall assist the person authorized to consent under subsection (a) of this Code section with identifying the most appropriate, least restrictive level of care available, including home and community based services and available placements, if any, in reasonable proximity to the patient's residence.
(c) The authorization to consent to such transfer, admission, or discharge shall expire upon the earliest of the following:
(1) The completion of the transfer, admission, or discharge and such responsibilities associated with such transfer, admission, or discharge, including, but not limited to, assisting with applications for financial coverage and insurance benefits for health or personal care;
(2) Upon a physician's certification that the adult is able to consent to decisions regarding his or her placements for health or personal care; or
(3) Upon discovery that another person authorized under subsection (a) of this Code section of a higher priority is available who has not affirmatively waived his or her authority to consent or dissent to admission to or discharge from a health care facility or placement or transfer to an alternative health care facility or placement, provided that dissent by such authorized person to a proposed admission, discharge, or transfer shall not be deemed waiver of authority.
(d) The authorization to give consent for transfer, admission, or discharge is limited solely to said transfer, admission, or discharge decision and responsibilities associated with such decision, including providing assistance with financial assistance applications. It does not include the power or authority to perform any other acts on behalf of the adult not expressly authorized in this Code section.
(e) This Code section shall not repeal, abrogate, or impair the operation of any other laws, either federal or state, governing the transfer, admission, or discharge of a person to or from a health care facility or placement. Further, the adult retains all rights provided under laws, both federal and state, as a result of an involuntary transfer, admission, or discharge.
(f) Each certifying physician, discharge planner, social worker, or other hospital personnel or authorized person who acts in good faith pursuant to the authority of this Code section shall not be subject to any civil or criminal liability or discipline for unprofessional conduct.
31-36A-7.

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279

(a) In the absence of a person authorized to consent under the provisions of Code Section 31-36A-6, any interested person or persons, including, but not limited to, any authority, corporation, partnership, or other entity operating the health care facility where the adult who is unable to consent is then present, with or without the assistance of legal counsel, may petition the probate court for a health care placement transfer, admission, or discharge order. The petition must be verified and filed in the county where the adult requiring an alternative placement or transfer, admission, or discharge resides or is found, provided that the probate court of the county where the adult is found shall not have jurisdiction to grant the order if it appears that the adult was removed to that county solely for purposes of filing such a petition. The petition shall set forth:

(1) The name, age, address, and county of the residence of the adult, if known;
(2) The name, address, and county of residence of the petitioner;
(3) The relationship of the petitioner to the adult;
(4) The current location of the adult;
(5) A physician's certification pursuant to Code Section 31-36A-5;
(6) The absence of any person to consent to such transfer, admission, or discharge as authorized by the provisions of Code Section 31-36A-6;
(7) Name and address of the recommended alternative health care facility or placement; and

(8) A statement of the reasons for such transfer, admission, or discharge as required by subsections (b) and (c) of this Code section.
(b) The petition shall be supported by the affidavit of an attending physician, treating physician, or other physician licensed according to the laws of the State of Georgia, attesting the following:
(1) The adult is unable to consent for himself or herself;

(2) It is the physician's belief that it is in the adult's best interest to be admitted to or discharged from a hospital, institution, medical center, or other health care institution providing health or personal care for treatment of any type of physical or mental condition or to be transferred to an alternative facility or placement, including, but not limited to, nursing facilities, personal care homes, rehabilitation facilities, and home and community based programs; and
(3) The identified type of health care facility or placement will provide the adult with the recommended services to meet the needs of the adult and is the most appropriate, least restrictive level of care available.

(c) The petition shall also be supported by the affidavit of the discharging health care facility's discharge planner, social worker, or other designated personnel attesting to and explaining the following:

(1) There is an absence of a person to consent to such transfer, admission, or discharge as authorized in Code Section 31-36A-6;

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(2) The recommended alternative facility or placement is the most appropriate facility or placement available that provides the least restrictive and most appropriate level of care and reasons therefor; and
(3) Alternative facilities or placements were considered, including home and community based placements and available placements, if any, that were in reasonable proximity to the adult's residence.
(d) The court shall review the petition and accompanying affidavits and other information to determine if all the necessary information is provided to the court as required in subsections (a), (b), and (c) of this Code section. The court shall enter an instanter order if the following information is provided:
(1) The adult is unable to consent for himself or herself;
(2) There is an absence of any person to consent to such transfer, admission, or discharge as authorized in Code Section 31-36A-6;
(3) It is in the adult's best interest to be discharged from a hospital, institution, medical center, or other health care institution or placement providing health or personal care for treatment for any type of physical or mental condition and to be admitted or transferred to an alternative facility or placement;
(4) The recommended alternative facility or placement is the most appropriate facility or placement available that provides the least restrictive and most appropriate level of care; and
(5) Alternative facilities or placements were considered, including home and community based placements and available placements, if any, in reasonable proximity to the adult's residence.
The order shall authorize the petitioner or the petitioner's designee to do all things necessary to accomplish the discharge from a hospital, institution, medical center, or other health care institution and the transfer to or admission to the recommended facility or placement.
(e) At the same time as issuing the order, the court shall provide a copy of said order to the commissioner of human resources.
(f) The order authorizing such transfer, admission, or discharge shall expire upon the earliest of the following:
(1) The completion of the transfer, admission, or discharge and such responsibilities associated with such transfer, admission, or discharge, including, but not limited to, assisting with the completion of applications for financial coverage and insurance benefits for the health or personal care;
(2) Upon a physician's certification that the adult is able to understand and make decisions regarding his or her placements for health or personal care and can communicate such decisions by any means; or
(3) At a time specified by the court not to exceed 30 days from the date of the order.

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281

(g) The order is limited to authorizing the transfer, admission, or discharge and other responsibilities associated with such decision, such as authorizing the application for financial coverage and insurance benefits. It does not include the authority to perform any other acts on behalf of the adult not expressly authorized in this Code section.

(h) This Code section shall not repeal, abrogate, or impair the operation of any other laws, either federal or state, governing the transfer, admission, or discharge of a person to or from a health care facility or placement. Further, such person retains all rights provided under laws, both federal and state, as a result of an involuntary transfer, admission, or discharge.

(i) Each certifying physician, discharge planner, social worker, or other hospital personnel or authorized person who acts in good faith pursuant to the authority of this Code section shall not be subject to any civil or criminal liability or discipline for unprofessional conduct."

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:

Alien
Anderson Ashe Bailey Bannister Barnard Barnes
Benefield Birdsong Bohannon Bordeaux
Borders Bridges
Brooks Brown Buck Buckner Bulloch
Bunn Burkhalter Byrd
Callaway
Campbell Cash Channell Childers
Clark
Coan Coleman, B Coleman, T Connell Cooper Cox Crawford Cummings Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon
Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Pelton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley
Y Hammontree Y Manner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens
E Hudson, H Y Hudson, N

Y Hugley Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee
McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Fairish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell
Y Purcell
Y Ragas
Y Handall Y Ray Y Reaves
Y Reece Y Reed
Y Reese
Y Reichert Y Rice Y Richardson
Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper
Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Smith, L.R
Smith, P Smith, T Smith, V Smyre Snelling
Snow Squires Stallings Stancil Stanley, P Stanley-Turner Stephens Stokes Stuckey Taylor Teague
Teper
Tillman Tolbert Trense Turnquest Twiggs Unterman Walker, L Walker, R.L
Watson
West Westmoreland Whitaker Wiles Williams, J Williams, R Wix Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 165, nays 1.

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The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 26. 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 authorize and provide for use of this state as a state of entry into the United States by alien insurers for the purpose of transacting insurance in the United States through a United States branch.

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

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

Alien
Anderson
Ashe Bailey Bannister
Barnard
Barnes Benefield Y Birdsong Y Bohannon Bordeaux Borders Bridges Y Brooks Brown Buck Buckner Bulloch Bunn Y Burkhalter Byrd Y Callaway Y Campbell Cash Channell Childers Clark Coan Y Coleman, B Y Coleman, T Connell Y Cooper Cox Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Holmes
Y Houston Y Howard Y Hudgens
E Hudson, H
Y Hudson, N

Y Hugley Irvin
Y Jackson, B Y Jackson, L
Y James
Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee
McCall
Y McClinton
McKinney
Y Millar Y Mills Y Mobley Y Morris
Mosley Y Mueller Y O'Neal
Orrock
Y Parham Y Parrish Y Parsons

Pelote Pinholster Poag Ponder Porter Powell
Purcell
Ragas Eandall Ray Reaves Reece
Reed
Reese
Reichert Rice Richardson Roberts
Rogers Royal Sanders Sauder
Scarlett Scheid Scott Shanahan Shaw
Shipp Sholar
Sims Sinkfield Skipper
Smith, B Smith, C Smith, C.W Smith, L

Smith, L.R Smith, P Smith, T Smith, V Smyre
Snelling
Snow
Squires
Stallings
Stancil
Stanley, P Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper
Tillman Tolbert Trense Turnquest
Twiggs
Unterman
Walker, L Walker, R.L Watson West
Westmoreland Whitaker Wiles Williams, J
Williams, R
Wix
Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 156, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
Representative Mann of the 5th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House: HB 337. By Representative Randall of the 127th:
A bill to amend Code Section 17-6-30 of the Official Code of Georgia Annotated, relating to fees of sureties, so as to change the amount which sureties on criminal bonds may charge as compensation from defendants or from anyone acting for defendants.
On the motion, the roll call was ordered and the vote was as follows:

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283

N Alien Y Anderson Y Ashe N Bailey Y Bannister
Y Barnard
N Barnes N Benefield Y Birdsong Y Bohannon Y Bordeaux
Y Borders Y Bridges Y Brooks
Y Brown
E Buck
N Buckner
Y Bulloch
N Bunn Y Burkhalter N Byrd Y Callaway
Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T
Connell N Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T N Day N Dean Y DeLoach, B Y DeLoach, G N Dix N Dixon N Dodson
Y Dukes Y Ehrhart N Epps N Evans
Y Everett Y Felton
N Floyd N Franklin N Golick Y Graves
Y Greene N Grindley Y Hammontree N Hanner N Harbin
Y Harrell N Heard N Heckstall Y Hegstrom Y Hembree Y Henson N Holland Y Holmes
N Houston N Howard Y Hudgens E Hudson, H
N Hudson, N

Y Hugley
Irvin Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings N Jones Y Joyce Y Kaye Y Lane Y Lewis N Lord N Lucas Y Maddox Y Mann Y Manning Martin, J N Martin, J.L N Massey
McBee
McCall
Y McClinton
McKinney
Y Millar
Y Mills
Y Mobley
N Morris
N Mosley
Y Mueller
N O'Neal
Orrock Parham Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell
Y Purcell Y Ragas N Randall
N Ray N Reaves
Reece Y Reed Y Reese N Reichert Y Rice N Richardson
Roberts
Y Rogers N Royal Y Sanders N Sauder N Scarlett Y Scheid
Y Scott Y Shanahan N Shaw
N Shipp N Sholar N Sims N Sinkfield
N Skipper Y Smith, B 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
E Squires N Stallings Y Stancil
Stanley, P N Stanley-Turner
Y Stephens Y Stokes Y Stuckey N Taylor Y Teague Y Teper
N Tillman Y Tolbert Y Trense
Turnquest Y Twiggs Y Unterman N Walker, L N Walker, R.L
N Watson Y West Y Westmoreland Y Whitaker N Wiles
Y Williams, J N Williams, R N Wix N Yates
Murphy, Spkr

On the motion, the ayes were 100, nays 60.

The motion prevailed.
HB 222. By Representatives Grindley of the 35th, Buck of the 135th, Irvin of the 45th, Graves of the 125th, Martin of the 145th and others:
A bill to amend Article 1 of Chapter 2 of Title 48, relating to state administrative organization relative to revenue and taxation, so as to change certain provisions relating to payments of certain moneys received by the commissioner or Department of Revenue to the Office of Treasury and Fiscal Services.

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

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

Alien Anderson Ashe Bailey Bannister
Barnard
Barnes Benefield Birdsong Bohannon
Bordeaux Borders

Y Bridges Y Brooks Y Brown E Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway
Campbell Y Cash

Y Channell Y Childers Y Clark Y Coan
Y Coleman, B Y Coleman, T
Connell
Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T
Y Day Dean
Y DeLoach, B DeLoach, G
Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans

Y Everett Felton
Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell

284
Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens E Hudson, H Y Hudson, N Y Hugley
Irvin Y Jackson, B
Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane

JOURNAL OF THE HOUSE

Y Lewis Y Lord
Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee
McCall
Y McCHnton McKinney
Y Millar Y Mills Y Mobley
Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster
Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas
Y Randall Y Ray
Reaves Y Reece Y Reed Y Reese
Y Reichert Y Rice Y Richardson
Roberts Y Rogers Y Royal
Y Sanders Y Sauder Y Scarlett Y Scheid

Y Scott Y Shanahan Y Shaw Y Shipp
Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B
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 E Squires
Y Stallings Y Stancil
Stanley, P Y Stanley-Turner

Y Stephens Y Stokes
Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense
Turnquest
Y Twiggs Y Unterman Y Walker, L Y Walker, R.L
Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 161, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 35. By Representatives Royal of the 164th and Buck of the 135th:
A bill to amend Code Section 48-7-26 of the Official Code of Georgia Annotated, relating to personal exemptions regarding the computation of Georgia taxable income, so as to change certain provisions with respect to dependent deductions.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders
Bridges Y Brooks Y Brown E Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan

Y Coleman, B Y Coleman, T
Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B
DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes
Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley

Y Hammontree Y Hanner Y Harbin
Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree
Y Henson Y Holland Y Holmes Y Houston
Y Howard Y Hudgens E Hudson, H Y Hudson, N Y Hugley
Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Y Jones Y Joyce Y Kaye Y Lane

Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee
McCall
Y McClinton
McKinney
Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder

Y Porter Y Powell Y Purcell Y Ragas Y Randall
Y Ray Y Reaves
Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson
Roberts
Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper

Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P
Y Smith, T
Y Smith, V

THURSDAY, FEBRUARY 4, 1999

Smyre
Snelling Snow Squires Stallings Stancil Stanley, P Y Stanley-Turner

Stephens Stokes Stuckey Taylor Teague Teper Tillman Y Tolbert

Trense Turnquest
Twiggs Unterman Walker, L
Walker, R.L Watson Y West

285
Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 163, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HR 119. By Representatives Lucas of the 124th, Parham of the 122nd, Dean of the 48th, Manning of the 32nd, Childers of the 13th and others:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of utilities, telecommunications, railroad crossings, water and sanitary sewer lines, access, and pipelines in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Bibb, Chatham, Cobb, Floyd, Fulton, Houston, Long, Newton, Paulding, and Towns counties.

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

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

Alien Anderson Ashe Bailey Bannister Barnard Barnes Benefield Birdsong Bohannon Bordeaux Borders Bridges Brooks Brown Buck Buckner Bulloch Bunn Burkhalter Byrd Callaway Campbell Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell Y Cooper Cox
Crawford
Cummings
Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens E Hudson, H Y Hudson, N

Y Hugley Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning
Martin, J
Y Martin, J.L
Y Massey Y McBee
McCall
Y McClinton
McKinney
Y Millar Y Mills Y Mobley Y Morris
Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish
Parsons

Pelote Pinholster Poag Ponder Porter Powell Purcell Ragas Randall Ray Reaves
Reece Reed Reese Reichert
Rice
Richardson Roberts Rogers
Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar
Sims Sinkfield Skipper
Smith, B
Smith, C
Smith, C.W Smith, L

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

Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow Squires Stallings Stancil Stanley, P Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper Tillman
Tolbert Trense Turnquest
Twiggs Unterman Walker, L
Walker, R.L Watson West Westmoreland Whitaker Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

286

JOURNAL OF THE HOUSE

The Resolution, having received the requisite constitutional majority, was adopted.
HB 6. By Representatives Franklin of the 39th, Coan of the 82nd and Massey of the 86th:
A bill to amend Code Section 18-4-22 of the Official Code of Georgia Annotated, relating to the exemption of certain pension or retirement funds or benefits from garnishment until certain payment or transfer thereof, so as to provide for such an exemption with respect to additional individual retirement account funds or benefits.

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

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

Y Alien Y Anderson Y Ashe
Bailey Y Bannister Y Barnard
Barnes Y Benefield Y Birdsong Y Bohannon N Bordeaux Y Borders Y Bridges Y Brooks Y Brown E Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T
Connell
Cooper
Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Y Dean
N DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley
Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall
N Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens E Hudson, H
Y Hudson, N

Y Hugley Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning
Martin, J
Y Martin, J.L Y Massey Y McBee
McCall
Y McClinton McKinney
Y Millar Y Mills Y Mobley
Morris Y Mosley Y Mueller Y O'Neal
N Orrock Y Parham
Y Parrish Y Parsons

Pelote
Y Pinholster Y Poag Y Ponder
Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reaves Y Reece
Reed Y Reese Y Reichert Y Rice Y Richardson
Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar
Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W
Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V
Smyre
Y Snelling Y Snow E Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner Y Stephens Y Stokes N Stuckey Y Taylor Y Teague N Teper Y Tillman
Tolbert Y Trense
Turnquest Y Twiggs Y Unterman
Y Walker, L
Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles
Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 150, nays 6.
The Bill, having received the requisite constitutional majority, was passed. HR 122. By Representatives Lucas of the 124th, Rogers of the 20th, Smith of the
19th and Porter of the 143rd: A resolution authorizing the conveyance of certain state owned real property located in Cobb County authorizing the conveyance of certain state owned real property located in Hall County authorizing the conveyance of certain state owned real property located in Laurens County.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

THURSDAY, FEBRUARY 4, 1999

287

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux
Y Borders
Y Bridges
Y Brooks Y Brown E Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd
Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T
Connell
Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G
Dix Y Dixon Y Dodson Y Dukes Y Ehrhart
Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin
Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Y Houston Y Howard Y Hudgens E Hudson, H Y Hudson, N

Y Hugley Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce
Kaye Y Lane Y Lewis Y Lord Y Lucas
Maddox Y Mann Y Manning
Martin, J Y Martin, J.L Y Massey Y McBee
McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal
Orrock Y Parham Y Parrish
Parsons

Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell
Ragas Randall Ray
Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice
Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield
Skipper Y Smith, B 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 E Squires Y Stallings Y Stancil
Stanley, P
Y Stanley-Turner Y Stephens Y Stokes
Stuckey
Y Taylor Y Teague
Teper Y Tillman
Tolbert
Y Trense
Turnquest
Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 151, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
HR 95. By Representatives Jackson of the 112th, Harbin of the 113th and Williams of the 114th:
A resolution designating the Dr. Pierce Gordon Blanchard Memorial Highway.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux
Borders Y Bridges

Y Brooks Y Brown E Buck Y Buckner Y Bulloch
Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers

Y Clark Y Coan Y Coleman, B Y Coleman, T
Connell Cooper Y Cox Y Crawford
Y Cummings Y Davis, M Y Davis, T Y Day Y Dean

Y DeLoach, B Y DeLoach, G
Dix
Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin

Y Golick
Y Graves Y Greene Y Grindley
Hammontree
Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson

288
Y Holland Y Holmes Y Houston Y Howard Y Hudgens E Hudson, H Y Hudson, N Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings
Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Maddox

JOURNAL OF THE HOUSE

Y Mann
Y Manning Y Martin, J
Martin, J.L Y Massey Y McBee
McCall
Y McClinton McKinney
Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag

Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson
Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan

Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B 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 E Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner Y Stephens

Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense
Turnquest
Y Twiggs Y Unterman
Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 157, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
Representative Orrock of the 56th gave notice that at the proper time she would move that the House reconsider its action in giving the requisite constitutional majority to HB 6.
Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed. The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.

FRIDAY, FEBRUARY 5, 1999

289

Representative Hall, Atlanta, Georgia Friday, February 5, 1999

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

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

Anderson Ashe Bailey Bannister Barnard Barnes
Benefield Birdsong Bohannon Bordeaux Borders Bridges Brooks Brown E Buck Buckner Bulloch Burkhalter Byrd Callaway Campbell Cash Channell Childers Clark Coleman, B E Coleman, T Connell Cox

Crawford Cummings
Davis, M Davis, T Dean
DeLoach, B DeLoach, G Dixon Dodson
Ehrhart Evans Everett Felton Floyd Franklin Golick Greene
Grindley Hammontree Harbin Harrell Heard Henson
Holland Houston Howard
Hudgens E Hudson, H
Hudson, N

Hugley Irvin Jackson, B Jackson, L James Jennings Joyce Kaye Lane Lewis Lord Mann Martin, J.L McBee McCall McClinton McKinney Millar Mills Morris Mosley Mueller O'Neal Orrock Parham Parrish Parsons Pelote

Pinholster Poag Porter Powell Purcell Randall Ray Reece Reese Rice Richardson Roberts Royal Sanders Sauder Scarlett Scheid Scott Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C.W Smith, L Smith, L.R Smith, P

Smith, T Smith, V Smyre Snelling Squires S tailings Stancil Stanley, P Stanley-Turner Stephens Stokes Taylor Teper Tillman Tolbert Trense
Unterman E Walker, L
Walker, R.L Watson Westraoreland Whitaker Wiles Williams, R Wix Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Hembree of the 98th, Alien of the 117th, Rogers of the 20th, Day of the 153rd, Williams of the 83rd, Stuckey of the 67th, Heckstall of the 55th, Maddox of the 72nd, Shaw of the 176th, Massey of the 86th, Shanahan of the 10th, Graves of the 125th, Bunn of the 74th, Jenkins of the 110th, Turnquest of the 73rd, Epps of the 131st, Manning of the 32nd, Jones of the 71st, Snow of the 2nd, Ponder of the 160th, Dukes of the 161st, Lucas of the 124th, Teague of the 58th, Smith of the 175th, Dix of the 76th, Cooper of the 31st, Jamieson of the 22nd and Reichert of the 126th.
They wish to be recorded as present.
Prayer was offered by Dr. Thomas L. Bess, Pastor, St. Paul A.M.E, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

290

JOURNAL OF THE HOUSE

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 472. By Representative Smith of the 12th:
A bill to amend Chapter 3 of Title 7 of the Official Code of Georgia Annotated, relating to industrial loans, so as to move the responsibility for regulating industrial loans and credit insurance related thereto from the Commissioner of Insurance to the commissioner of banking and finance.
Referred to the Committee on Insurance.
HB 473. By Representatives Holmes of the 53rd and Brooks of the 54th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the election of representatives to the Congress of the United States from the State of Georgia by means of cumulative voting in multiple-member districts.
Referred to the Committee on Governmental Affairs.
HB 474. By Representatives Coleman of the 142nd, Alien of the 117th and Smith of the 109th: A bill to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund.
Referred to the Committee on Appropriations.
HB 475. By Representatives Coleman of the 142nd, Walker of the 141st, Skipper of the 137th, Williams of the 114th, Shipp of the 38th and others: A bill to amend Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to salary and allowances of members and officers of the General Assembly, so as to provide that the amount of the daily expense allowance shall be fixed by the Legislative Services Committee.
Referred to the Committee on Appropriations.

FRIDAY, FEBRUARY 5, 1999

291

HB 476. By Representative Crawford of the 129th:
A bill to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles generally, so as to define the term "full information".
Referred to the Committee on Motor Vehicles.

HB 477. By Representatives Dean of the 48th, Holmes of the 53rd, Sinkfield of the 57th, McClinton of the 68th and Orrock of the 56th: A bill to amend the "Atlanta Urban Enterprise Zone Act," so as to change the effective date of creation and tax abatement for certain residential enterprise zones and provide for conditions and limitations relating thereto.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 478. By Representatives Dean of the 48th, Holmes of the 53rd, Sinkfield of the 57th, McClinton of the 68th and Orrock of the 56th: A bill to amend the "Atlanta Urban Enterprise Zone Act," so as to change the effective date of creation and tax abatement for certain commercial enterprise zones and provide for conditions and limitations relating thereto.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 479. By Representatives Smith of the 12th, Sims of the 167th, Martin of the 145th, Rogers of the 20th, Heckstall of the 55th and others: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales of eligible food and beverages dispensed by or through vending machines.
Referred to the Committee on Ways & Means.
HB 480. By Representatives Whitaker of the 7th, Smith of the 12th, Walker of the 87th, DeLoach of the 119th and Childers of the 13th: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for a county excise tax on the severance of solid minerals.
Referred to the Committee on Ways & Means.
HB 481. By Representative Burkhalter of the 41st: A bill to amend Part 1 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to general matters applicable to banks and trust companies, so as to prohibit certain financial institutions, savings banks, banks, associations, and credit unions from requiring a fingerprint for cashing a check or similar instrument.
Referred to the Committee on Banks & Banking.
HB 482. By Representatives Connell of the 115th and Martin of the 47th: A bill to amend Code Section 16-12-1 of the Official Code of Georgia Annotated, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a minor, so as to change certain penalty provisions applicable to such offense.
Referred to the Committee on Judiciary.

292

JOURNAL OF THE HOUSE

HB 483. By Representatives Dean of the 48th, Holmes of the 53rd, Sinkfield of the 57th, McClinton of the 68th and Orrock of the 56th:
A bill to amend the "Atlanta Urban Enterprise Zone Act," so as to provide the City of Atlanta with the authority to change the effective date for local enterprise zones that remain undeveloped as a result of a unanticipated development impediments.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 484. By Representatives Dean of the 48th, Holmes of the 53rd, Sinkfield of the 57th, McClinton of the 68th and Orrock of the 56th:
A bill to amend the "Atlanta Urban Enterprise Zone Act," so as to change the effective date of creation and tax abatement for certain residential enterprise zones and provide for conditions and limitations relating thereto.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 485. By Representatives Cash of the 108th, Scarlett of the 174th, Watson of the 70th, Tolbert of the 25th, Stephens of the 150th and others:
A bill to amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions relative to public assistance; so as to require the Department of Human Resources to maintain and make available to the Georgia Lottery Corporation certain information relating to public assistance; to amend Article 2 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to the setoff of certain debts against prizes paid by the Georgia Lottery Corporation.
Referred to the Committee on Industry.

HB 486. By Representatives Martin of the 47th, Reichert of the 126th, Teper of the 61st, Stokes of the 92nd, Wiles of the 34th and others:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to the courts, so as to provide for the unification of the superior, state, and juvenile courts in the Bell-Forsyth Judicial Circuit into a circuit court known as the Bell-Forsyth Judicial Circuit.
Referred to the Committee on Judiciary.

HB 487. By Representative Burkhalter of the 41st:
A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, so as to provide for notice prior to certain premium increases.
Referred to the Committee on Insurance.

HB 488. By Representatives Parham of the 122nd, Stephens of the 150th and Martin of the 145th:
A bill to amend Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to applications for approval of physician's assistants, so as to change the provisions regarding ordering, prescribing, or dispensing certain controlled substances by physician's assistants.
Referred to the Committee on Health & Ecology.

FRIDAY, FEBRUARY 5, 1999

293

HB 489. By Representatives Stephens of the 150th, Tolbert of the 25th and Day of the 153rd: 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 alternate methods of providing notice of assessments; to provide for additional information and disclosures which must be provided to the taxpayer.
Referred to the Committee on Ways & Means.
HB 490. By Representatives Ray of the 128th, Hudson of the 156th, Smith of the 109th, Benefield of the 96th, Floyd of the 138th and others:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally and known as the "Georgia Election Code," so as to authorize electors to vote in more than one political party primary held on the same date by two or more parties, but to vote for not more than one candidate for each office.
Referred to the Committee on Governmental Affairs.
HB 491. By Representatives Floyd of the 138th, DeLoach of the 172nd, Ray of the 128th, James of the 140th, DeLoach of the 119th and others: A bill to amend Code Section 28-1-1 of the Official Code of Georgia Annotated, relating to membership and appointment of the General Assembly, so as to provide for nonpartisan election of members of the General Assembly; to amend Chapter 5 of Title 36, relating to organization of county government, so as to provide that elected county officials shall be elected in nonpartisan elections.
Referred to the Committee on Governmental Affairs.
HB 492. By Representatives Williams of the 114th and Parham of the 122nd:
A bill to provide for legislative intent; to maximize and leverage additional resources for child and adolescent mental health services; to amend Code Section 37-2-5.2 of the Official Code of Georgia Annotated, relating to duties of regional mental health, mental retardation, and substance abuse boards, so as to provide for contracts for and purchases of services; 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.
Referred to the Committee on Health & Ecology.
HB 493. By Representatives Kaye of the 37th and Ehrhart of the 36th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to establish the Public Employees' Retirement 401(k) Plan.
Referred to the Committee on Retirement.
HB 494. By Representatives Smith of the 12th, Childers of the 13th, Walker of the 87th, Whitaker of the 7th, Cummings of the 27th and others:
A bill to amend Code Section 12-4-75 of the Official Code of Georgia Annotated, relating to permits for surface mining operations and related matters, so as to define a certain term; to require a geologic impact study be submitted with an application for a permit to operate a rock quarry.
Referred to the Committee on Natural Resources & Environment.

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JOURNAL OF THE HOUSE

HB 495. By Representatives Cummings of the 27th, Shanahan of the 10th and McBee of the 88th:
A bill to amend Article 6 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, retirement allowances, disability benefits, and death benefits under the Georgia Firefighters' Pension Fund, so as to provide for the payment of a death benefit to the survivors of members of such pension fund.
Referred to the Committee on Retirement.
HB 496. By Representatives Martin of the 145th, Day of the 153rd, Bunn of the 74th, Ponder of the 160th and Jamieson of the 22nd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the criteria for eligibility for special license plates for persons with disabilities.
Referred to the Committee on Motor Vehicles.
HB 497. By Representatives Martin of the 145th and Jamieson of the 22nd:
A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by persons with disabilities, so as to require the Safety Fire Commissioner to adopt certain regulations regarding the accessibility of government buildings, public buildings, and facilities to persons with disabilities in wheelchairs.
Referred to the Committee on Human Relations & Aging.
HB 498. By Representatives Buckner of the 95th, Henson of the 65th, Mobley of the 69th, Squires of the 78th, Randall of the 127th and others:
A bill to amend Part 4 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving unlawful teaching and training concerning dangerous instrumentalities for unlawful purposes, so as to prohibit communication of information concerning such matters under certain circumstances.
Referred to the Committee on Special Judiciary.
HB 499. By Representative Stephens of the 150th:
A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to 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 authorization with certain conditions for certain counties and municipalities to levy such tax.
Referred to the Committee on Ways & Means.
HB 500. By Representative Twiggs of the 8th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable and schedule of bails, so as to provide that no appeal bond shall be granted to any person who has been convicted of trafficking in a controlled substance or marijuana in violation of Code Section 16-13-31 and who has been sentenced to serve a period of incarceration of seven years or more.
Referred to the Committee on Special Judiciary.

FRIDAY, FEBRUARY 5, 1999

295

HR 213. By Representatives Bohannon of the 139th, Lewis of the 14th, Whitaker of the 7th, Mills of the 21st, Rogers of the 20th and others:
A resolution encouraging local school systems and public libraries to install and use filters or other blocking software on school computers which have Internet access.
Referred to the Committee on Education.

HR 214. By Representative Martin of the 145th: A resolution designating a portion of State Highway 121 as the "William Lovel Lanier, ST., Highway".
Referred to the Committee on Transportation.

HR 215. By Representatives Smith of the 103rd, Stallings of the 100th, Epps of the 131st, West of the 101st, Brown of the 130th and others:
A resolution creating the Joint West Georgia River Protection Act Study Committee.
Referred to the Committee on Rules.

HR 216. By Representative Coleman of the 142nd: A resolution compensating Mr. O. Wallace Harvey.
Referred to the Committee on Appropriations.

HR 217. By Representatives Pelote of the 149th, Stanley of the 50th, Burkhalter of the 41st, Stanley of the 49th, Hugley of the 133rd and others: A resolution creating the House Ovarian Cancer Study Committee.
Referred to the Committee on Rules.

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

HB 456 HB 457 HB 458 HB 459 HB 460 HB 461 HB 462 HB 463 HB 464

HB 465 HB 466 HB 467 HB 468 HB 469 HB 470 HB 471 HR 208 HR 209

Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:

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

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JOURNAL OF THE HOUSE

HB 263 Do Pass, by Substitute HB 278 Do Pass, by Substitute HB 279 Do Pass, by Substitute

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

Representative Smyre of the 136th District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 76 Do Pass HR 82 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
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 334 Do Pass HB 427 Do Pass HB 433 Do Pass

HB 436 Do Pass HB 437 Do Pass HB 448 Do Pass

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

Representative Royal of the 164th District, Vice-Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 55 Do Pass HB 241 Do Pass

FRIDAY, FEBRUARY 5, 1999

297

Respectfully submitted, lal Royal of the 164th
Vice-Chairman
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: HB 334. By Representative Epps of the 131st:
A bill to amend an Act incorporating the City of Manchester, so as to provide for municipal elections in November, 1999, and in succeeding years.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 427. By Representatives Ehrhart of the 36th, Sauder of the 29th, Kaye of the 37th, Grindley of the 35th, Wiles of the 34th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to provide for the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chief judge of said circuit.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 433. By Representatives Wiles of the 34th, Parsons of the 40th, Manning of the 32nd, Franklin of the 39th, Ehrhart of the 36th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the solicitor-general.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 436. By Representative Greene of the 158th:
A bill to provide a new charter for the City of Cuthbert.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 437. By Representative Royal of the 164th:
A bill to amend an Act providing a new charter for the City of Pelham, so as to change certain provisions regarding the election districts of members of the city council and members of the Board of Education of the City of Pelham Public School System;.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 448. By Representatives Henson of the 65th, Teper of the 61st, Ragas of the 64th, Hegstrom of the 66th, Stuckey of the 67th and others:
A bill to provide a homestead exemption from certain City of Stone Mountain ad valorem taxes for city purposes in the amount of $14,000.00 of the assessed value of the homestead for certain residents of that city who are 62 years of age or older and whose net income together with the net income of the spouse who resides at the homestead of such resident does not exceed $10,000.00 per annum.

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

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JOURNAL OF THE HOUSE

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

Y Alien
Y Anderson Y Ashe
Y Bailey
Y Bannister Y Barnard Y Barnes Y Benefield
Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown E Buck
Buckner Y Bulloch
Bunn
Y Burkhalter
Y Byrd
Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B E Coleman, T
Y Connell Y Cooper Y Cox
Crawford Y Cummings Y Davis, M

Davis, T Day Dean DeLoach, B DeLoach, G Dix
Dixon
Dodson Dukes Ehrhart Epps Evans
Everett
Felton
Floyd Franklin Golick Graves
Greene Grindley Hammontree Hanner Harbin Harrell Heard Heckstall
Hegstrom Hembree Henson Holland
Holmes
Houston Howard Hudgens Hudson, H
Hudson, N

Hugley Irvin Jackson, B
Jackson, L
James
Jamieson
Jenkins
Jennings
Jones
Joyce Kaye Lane Lewis
Lord Lucas Maddox Mann Manning Martin, J
Martin, J.L
Massey McBee McCall McClinton McKinney
Millar
Mills Mobley Morris Mosley
Mueller
O'Neal
Orrock Parham Parrish Parsons

Pelote
Pinholster Poag
Ponder Porter Powell Purcell Ragas
Randall Ray
Reaves
Reece Reed Reese Reichert Rice
Richardson Roberts Rogers Royal
Sanders
Sauder
Scarlett
Scheid Scott Shanahan Shaw Shipp
Sholar Sims Sinkfield
Skipper
Smith, B Smith, C Smith, C.W Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires
Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague
Y Teper Y Tillman Y Tolbert Y Trense
Turnquest
Y Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson
West Y Westmoreland
Whitaker
Y Wiles Williams, J
Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bills, the ayes were 147, nays 0.
The Bills, having received the requisite constitutional majority, were passed.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 41. By Senator Egan of the 40th:
A bill to amend Chapter 11 of Title 14 of the Official Code of Georgia Annotated, known as the "Georgia Limited Liability Company Act," so as to provide that effective for limited liability companies formed on or after July 1, 1999, except as otherwise provided in the articles of organization or a written operating agreement, a member with respect to which an event of dissociation occurs is not entitled to receive any payment by reason of such event and will become an assignee as to such limited liability company interest.
SB 42. By Senator Egan of the 40th:
A bill to amend Code Section 14-9-206.2 of the Official Code of Georgia Annotated, relating to election to become limited partnership, so as to provide that

FRIDAY, FEBRUARY 5, 1999

299

upon the election becoming effective the certificate of limited partnership filed with the certificate of election shall be the certificate of limited partnership of the limited partnership formed pursuant to such election unless and until amended in accordance with other provisions of law.
SB 59. By Senators Tanksley of the 32nd, Thompson of the 33rd and Stokes of the 43rd:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the number of Judges of the Court of Appeals; to provide that the court shall sit in divisions; to specify the number of Judges which shall constitute a quorum; to provide for the election and term of office of Judges; to provide for the initial appointment of additional judges.
SB 63. By Senators Kemp of the 3rd, Hecht of the 34th, Land of the 16th and others:
A bill to amend Code Section 36-32-9 of the Official Code of Georgia Annotated, relating to jurisdiction of municipal courts over cases of shoplifting of $100.00 or less, so as to change the jurisdictional amount.
SB 64. By Senators Egan of the 40th, Stokes of the 43rd, Thompson of the 33rd and Tanksley of the 32nd:
A bill to amend Chapter 23 of Title 31 of the Official Code of Georgia Annotated, relating to eye banks, so as to change the provisions relating to definitions and entities which may establish and maintain eye banks.
SB 82. By Senators Kemp of the 3rd, Lee of the 29th, Ray of the 48th and others:
A bill to amend Article 1 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding magistrate courts, so as to provide for the monetary jurisdiction of civil claims in magistrate court to be set at $15,000.00.
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 57. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A bill to provide for the Georgia Regional Transportation Authority; to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to change certain provisions relating to transit services with local governments; to amend Article 6 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor's planning and development, so as to change certain provisions relating to composition, appointment of members, and meetings of the Governor's Development Council.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 41. By Senator Egan of the 40th:
A bill to amend Chapter 11 of Title 14 of the Official Code of Georgia Annotated, known as the "Georgia Limited Liability Company Act," so as to provide that effective for limited liability companies formed on or after July 1, 1999, except as otherwise provided in the articles of organization or a written operating agreement, a member with respect to which an event of dissociation occurs is not entitled to receive any payment by reason of such event and will become an assignee as to such limited liability company interest.
Referred to the Committee on Judiciary.

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SB 42. By Senator Egan of the 40th:
A bill to amend Code Section 14-9-206.2 of the Official Code of Georgia Annotated, relating to election to become limited partnership, so as to provide that upon the election becoming effective the certificate of limited partnership filed with the certificate of election shall be the certificate of limited partnership of the limited partnership formed pursuant to such election unless and until amended in accordance with other provisions of law.
Referred to the Committee on Judiciary.
SB 57. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A bill to provide for the Georgia Regional Transportation Authority; to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to change certain provisions relating to transit services with local governments; to amend Article 6 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor's planning and development, so as to change certain provisions relating to composition, appointment of members, and meetings of the Governor's Development Council.
Referred to the Committee on Transportation.
SB 59. By Senators Tanksley of the 32nd, Thompson of the 33rd and Stokes of the 43rd:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the number of Judges of the Court of Appeals; to provide that the court shall sit in divisions; to specify the number of Judges which shall constitute a quorum; to provide for the election and term of office of Judges; to provide for the initial appointment of additional judges.
Referred to the Committee on Judiciary.
SB 63. By Senators Kemp of the 3rd, Hecht of the 34th, Land of the 16th and others:
A bill to amend Code Section 36-32-9 of the Official Code of Georgia Annotated, relating to jurisdiction of municipal courts over cases of shoplifting of $100.00 or less, so as to change the jurisdictional amount.
Referred to the Committee on Special Judiciary.
SB 64. By Senators Egan of the 40th, Stokes of the 43rd, Thompson of the 33rd and others:
A bill to amend Chapter 23 of Title 31 of the Official Code of Georgia Annotated, relating to eye banks, so as to change the provisions relating to definitions and entities which may establish and maintain eye banks.
Referred to the Committee on Health & Ecology.
SB 82. By Senators Kemp of the 3rd, Lee of the 29th, Ray of the 48th and others:
A bill to amend Article 1 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding magistrate courts, so as to provide for the monetary jurisdiction of civil claims in magistrate court to be set at $15,000.00.
Referred to the Committee on Judiciary.

FRIDAY, FEBRUARY 5, 1999

301

Representative Orrock of the 56th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:
HB 6. By Representatives Franklin of the 39th, Coan of the 82nd and Massey of the 86th:
A bill to amend Code Section 18-4-22 of the Official Code of Georgia Annotated, relating to the exemption of certain pension or retirement funds or benefits from garnishment until certain payment or transfer thereof, so as to provide for such an exemption with respect to additional individual retirement account funds or benefits.

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

N Alien N Anderson Y Ashe N Bailey N Bannister Y Barnard N Barnes Y Benefield Y Birdsong N Bohannon Y Bordeaux Y Borders N Bridges Y Brooks N Brown E Buck Y Buckner N Bulloch
Bunn N Burkhalter Y Byrd N Callaway N Campbell Y Cash Y Channell Y Childers N Clark N Coan N Coleman, B E Coleman, T
Connell
Cooper Cox Crawford
Cummings
Davis, M

N Davis, T N Day Y Dean Y DeLoach, B N DeLoach, G N Dix
Dixon N Dodson N Dukes N Ehrhart
Epps N Evans N Everett
Felton N Floyd N Franklin N Golick Y Graves Y Greene N Grindley N Hammontree N Manner N Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson N Holland Y Holmes Y Houston Y Howard N Hudgens Y Hudson, H N Hudson, N

Y Hugley
N Irvin N Jackson, B Y Jackson, L Y James
Jamieson N Jenkins E Jennings N Jones N Joyce N Kaye N Lane N Lewis
Lord Lucas N Maddox N Mann N Manning N Martin, J N Martin, J.L N Massey Y McBee N McCall Y McClinton Y McKinney N Millar N Mills Y Mobley Y Morris Y Mosley Mueller Y (Weal Y Orrock Y Parham Y Parrish N Parsons

Y Pelote N Pinholster N Poag N Ponder Y Porter N Powell N Purcell N Ragas
Randall
Y Ray Reaves
N Reece N Reed N Reese
Reichert N Rice N Richardson N Roberts Y Rogers N Royal N Sanders N Sauder N Scarlett N Scheid N Scott N Shanahan
Shaw
N Shipp Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B Y Smith, C N Smith, C.W Y Smith, L

N Smith, L.R N Smith, P Y Smith, T N Smith, V N Smyre N Snelling Y Snow Y Squires Y Stallings N Stand] Y Stanley, P Y Stanley-Turner
Stephens N Stokes Y Stuckey Y Taylor
Teague Y Teper
Tillman Tolbert N Trense Turnquest Y Twiggs Y Unterman E Walker, L N Walker, R.L Watson Y West N Westmoreland N Whitaker N Wiles Williams, J N Williams, R Y Wix N Yates Murphy, Spkr

On the motion, the ayes were 62, nays 92.
The motion was lost.
Representative Sanders of the 107th arose to a point of personal privilege and addressed the House.
Representative Trense of the 44th arose to a point of personal privilege and addressed the House.
Representative Skipper of the 137th arose to a point of personal privilege and addressed the House.

302

JOURNAL OF THE HOUSE

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Ways and Means and referred to the Committee on State Planning and Community Affairs:
HB 459. By Representatives Jamieson of the 22nd, Royal of the 164th, Skipper of the 137th, Shanahan of the 10th, Dix of the 76th and others:
A bill to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to specific, business, and occupation taxes, so as to change or clarify certain definitions, including definitions for employee, gross receipts, location or office, and regulatory fees.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on State Planning and Community Affairs and referred to the Committee on Natural Resources and Environment:
HB 399. By Representatives Sauder of the 29th, Walker of the 141st, Irvin of the 45th, Smyre of the 136th, Cox of the 105th and others:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to powers of 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.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 62. By Representatives Royal of the 164th and Hudson of the 156th:
A resolution inviting Barbara Spear Jenkins, the winner of the 1998 Georgia Occupational Award of Leadership, to appear before the House of Representatives.
The following Resolutions of the House were read and adopted:
HR 218. By Representatives Hegstrom of the 66th, Lucas of the 124th, Reed of the 52nd, McClinton of the 68th, Ragas of the 64th and others:
A resolution commending Louise Burroughs of Scottdale, Georgia.
HR 219. By Representative Burkhalter of the 41st:
A resolution commending the Webb Bridge Middle School participants in the final match of the Academic Bowl competition.
HR 220. By Representative Teper of the 61st:
A resolution commending Standard Truck and Equipment Co., Inc.
HR 221. By Representative Jamieson of the 22nd:
A resolution expressing regret at the passing of Kennon Loy Williams.
HR 222. By Representatives Barnes of the 97th and Bailey of the 93rd:
A resolution recognizing and commending Mundy's Mill Middle School.
HR 223. By Representative Rice of the 79th:
A resolution recognizing Ms. Juli Blevins.
HR 224. By Representative Rice of the 79th:
A resolution commending Andy Grace.
HR 225. By Representative Coleman of the 80th:
A resolution commending Andrew Skrobko.

FRIDAY, FEBRUARY 5, 1999

303

HR 226. By Representatives Brooks of the 54th, McClinton of the 68th, Dean of the 48th, Lucas of the 124th, Randall of the 127th and others: A resolution honoring Benjamin Daniel Brown.
HR 227. By Representative Coleman of the 80th: A resolution recognizing and commending Coach Joe Marelle.
HR 228. By Representatives Ray of the 128th and James of the 140th: A resolution commending the Georgia Peach Festival.
HR 229. By Representatives Pelote of the 149th, Mueller of the 152nd, Jackson of the 148th, Day of the 153rd and Stephens of the 150th: A resolution recognizing and commending Fred Foster, Director of Chatham County Department of Family and Children Services.
HR 230. By Representatives Jamieson of the 22nd, Birdsong of the 123rd, Smith of the 109th, Porter of the 143rd and Coleman of the 142nd: A resolution recognizing the Veterans of Foreign Wars of the United States.
HR 231. By Representatives Smith of the 103rd, Brown of the 130th, Westmoreland of the 104th and Yates of the 106th: A resolution congratulating Dennis McEntire.
HR 232. By Representative Greene of the 158th: A resolution recognizing and commending the Fort Gaines Lions Club.
HR 233. By Representative Purcell of the 147th: A resolution commending Carrol Ann Coleman.
HR 234. By Representative Purcell of the 147th: A resolution commending Richard Hammond.
HR 235. By Representative Purcell of the 147th: A resolution commending Rose Floyd.
HR 236. By Representative Pelote of the 149th: A resolution expressing regret at the passing of Velma Wooten Hall.
HR 237. By Representative Coleman of the 80th: A resolution commending Travis Clayton Lewallen.
HR 238. By Representatives Stephens of the 150th, Purcell of the 147th, Jackson of the 148th, Mueller of the 152nd, Day of the 153rd and others: A resolution honoring the life and work of Joseph P. "Joey" Crawford and expressing regret at his passing.
HR 239. By Representative Crawford of the 129th: A resolution commending James H. Fletcher.
HR 240. By Representatives Jamieson of the 22nd, Coleman of the 80th, Ashe of the 46th, Smyre of the 136th and Porter of the 143rd: A resolution recognizing the Georgia Association of Educators and designating February 8, 1999, as GAE Day at the Capitol.
HR 241. By Representative Birdsong of the 123rd: A resolution commending Mr. Bob Rogers, Sr.
HR 242. By Representative Parham of the 122nd: A resolution expressing regret at the passing of Rev. Payton B. Cook.
HR 243. By Representative Smith of the 91st: A resolution expressing regret at the passing of Dr. Herschel Billups Harris.

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HR 244. By Representatives Twiggs of the 8th, Poag of the 6th and Jenkins of the 110th: A resolution commending police chiefs and other heads of law enforcement agencies in this state and observing a day of recognition.
HR 245. By Representative James of the 140th: A resolution commending Macon County Sheriff Charles Marion Cannon.
HR 246. By Representatives Twiggs of the 8th, Poag of the 6th, Manning of the 32nd and Jenkins of the 110th:
A resolution commending the Marietta Police Department.
HR 247. By Representatives Twiggs of the 8th, Poag of the 6th, Jenkins of the 110th and Scheid of the 17th: A resolution commending the City of Woodstock Police Department.
HR 248. By Representative Rogers of the 20th:
A resolution recognizing and commending the Gainesville Ballet Company.
HR 249. By Representatives Snow of the 2nd, Joyce of the 1st and Reece of the llth:
A resolution recognizing and commending Chief Randy Camp.
HR 250. By Representatives Twiggs of the 8th, Poag of the 6th and Jenkins of the 110th: A resolution commending the Georgia Bureau of Investigation.
HR 256. By Representatives Jamieson of the 22nd, Porter of the 143rd, Channell of the lllth, Parrish of the 144th and Smith of the 109th:
A resolution commending Billy Shaw.

Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 206. By Representative Childers of the 13th:
A bill to amend Code Section 43-26-33 of the Official Code of Georgia Annotated, relating to titles of licensed practical nurses, so as to require name tags or other identification under certain conditions.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown E Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd

Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B E Coleman, T Y Connell Y Cooper
Y Cox
Y Crawford Y Cummings Y Davis, M
Y Davis, T
Y Day Y Dean Y DeLoach, B Y DeLoach, G
Y Dix

Y Dixon
Y Dodson
Y Dukes Y Ehrhart Y Epps
Y Evans
Y Everett
Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom

Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James
Jamieson Y Jenkins E Jennings
Jones
Y Joyce Y Have Y Lane

Y Lewis
Y Lord
Y Lucas Y Maddox Y Mann Y Manning Y Martin, J
Y Martin, J.L
Y Massey Y McBee Y McCall
McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock

Parham Parrish
Parsons
Pelote Pinholster Poag Ponder
Porter Powell Purcell Ragas Randall Ray Reaves
Reece

FRIDAY, FEBRUARY 5, 1999

305

Reed Reese
Reichert
Rice Richardson Roberts Rogers Royal
Sanders Sauder Scarlett Scheid Scott Shanahan
Shaw

Y Shipp
Y Sholar
Y Sims Y Sinkfield Y Skipper
Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense

Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland
Y Whitaker Y Wiles
Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 213. By Representatives Twiggs of the 8th, Walker of the 141st, Jenkins of the 110th, Coleman of the 142nd, Skipper of the 137th and others:
A bill to amend Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to minors generally, so as to define the crime of computer pornography.
The following Committee substitute was read:
A BILL
To amend Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to minors generally, so as to define the crime of computer pornography; to provide a short title; to define a certain term; to make it unlawful for any person knowingly to utilize a computer on-line service, Internet service, or local bulletin board service to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice a child or another person believed by such person to be a child, to commit certain illegal acts; to provide that the fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this Act shall not constitute a defense to prosecution under this Act; to provide that a person is subject to prosecution in this state pursuant to Code Section 17-2-1 for any conduct made unlawful by this Act which the person engages in while either within or outside of this state if, by such conduct, the person commits a violation of this Act which involves a child who resides in this state or another person believed by such person to be a child residing in this state; to provide that, for the purposes of this Act, 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; to provide that any violation of this Act shall constitute a separate offense; to provide penalties; 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 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to minors generally, is amended by adding following Code Section 16-12-100.1 a new Code Section 16-12-100.2 to read as follows:
"16-12-100.2.
(a) This Code section shall be known and may be cited as the 'Computer Pornography and Child Exploitation Prevention Act of 1999.'

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JOURNAL OF THE HOUSE

(b) As used in this Code section, the term 'child' means any person under the age of 16 years.
(c)(l) A person commits the offense of computer pornography if such person knowingly:
(A) Compiles, enters into, or transmits by means of computer;
(B) Makes, prints, publishes, or reproduces by other computerized means;
(C) Causes or allows to be entered into or transmitted by means of computer; or
(D) Buys, sells, receives, exchanges, or disseminates
any notice, statement, or advertisement, or any child's name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for the purpose of facilitating, encouraging, offering, or soliciting sexual conduct of or with any child or the visual depiction of such conduct.
(2) Any person convicted of violating paragraph (1) of this subsection shall be punished by a fine of not more than $10,000.00 or by imprisonment for not less than one nor more than 20 years, or both.
(c)(l) It shall be unlawful for any person knowingly to utilize a computer on-line service, Internet service, or local bulletin board service to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice a child or another person believed by such person to be a child, to commit any illegal act described in Code Section 166-2, relating to the offense of sodomy or aggravated sodomy; Code Section 16-6-4, relating to the offense of child molestation or aggravated child molestation; Code Section 16-6-5, relating to the offense of enticing a child for indecent purposes; or Code Section 16-6-8, relating to the offense of public indecency; or to engage in any conduct that by its nature is an unlawful sexual offense against a child.
(2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor of a high and aggravated nature.
(d) The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this Code section shall not constitute a defense to prosecution under this Code section.
(e) A person is subject to prosecution in this state pursuant to Code Section 17-2-1, relating to jurisdiction over crimes and persons charged with commission of crimes generally, for any conduct made unlawful by this Code section which the person engages in while either within or outside of this state if, by such conduct, the person commits a violation of this Code section which involves a child who resides in this state or another person believed by such person to be a child residing in this state.
(f) For the purposes of this Code section, 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.
(g) Any violation of this Code section shall constitute a separate offense."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:

FRIDAY, FEBRUARY 5, 1999

307

Representative Whitaker of the 7th moves to amend the Committee substitute to HB 213 by adding in the title on line 10 of page 1 between the semicolon and the word "to" the following:

"to make it unlawful for any owner or operator of a computer on-line service, Internet service, or local bulletin board service knowingly to permit a subscriber to utilize the service to commit a violation of this Act;"
By adding between lines 3 and 4 on page 3 the following:

"(d)(l) It shall be unlawful for any owner or operator of a computer on-line service, Internet service, or local bulletin board service knowingly to permit a subscriber to utilize the service to commit a violation of this Code section.

(2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor of a high and aggravated nature." By redesignating "(d)" on line 4 of page 3 as "(e)". By redesignating "(e)" on line 9 of page 3 as "(f)". By redesignating "(f)" on line 18 of page 3 as "(g)". By redesignating "(g)" on line 22 of page 3 as "(h)".

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 Ashe Bailey Bannister Barnard Barnes Benefield Birdsong Bohannon Bordeaux Borders Bridges Brooks Brown Buck Buckner Bulloch Bunn Burkhalter Byrd Callaway Campbell Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell Cooper Cox

Y Crawford Y Cummings
Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon
Y Dodson
Y Dukes
Y Ehrhart
Y Epps
Y Evans Y Everett Y Felton
Y Floyd
Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes
Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin
Y Jackson, B Y Jackson, L Y James
Y Jamieson
Y Jenkins E Jennings
Jones
Y Joyce
Y Kaye
Y Lane Y Lewis Y Lord
Y Lucas
Y Maddox Y Mann Y Manning
Y Martin, J
Y Martin, J.L Y Massey Y McBee
McCall Y McClinton Y McKinney Y Millar Y Mills

Mobley Morris Mosley Mueller O'Neal Orrock Parham Parrish Parsons Pelote Pinholster Poag Ponder Porter
Powell Purcell Ragas Randall Ray Reaves Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid

Scott Shanahan
Shaw
Shipp
Sholar
Sims Sinkfield
Skipper Smith, B Smith, C Smith, C.W
Smith, L Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow Squires
Stallings Stancil Stanley, P Stanley-Turner
Stephens Stokes Stuckey Taylor Teague Teper Tillman Tolbert
Trense

308
Y Turnquest Y Twiggs Y Unterman

JOURNAL OF THE HOUSE

E Walker, L Y Walker, R.L Y Watson

Y West Westmoreland
Y Whitaker

Y Wiles Y Williams, J Y Williams, R

Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 165, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 88. By Representatives Powell of the 23rd and Hudson of the 156th:
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 clarify the applicability of certain criminal statutes to coin operated games or devices.

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

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

Y Alien
Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown E Buck
Buckner Y Bulloch
Bunn
Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B E Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean 7 DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston
Howard
Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills
Mobley Y Morris Y Mosley Y Mueller Y OTSfeal Y Orrock
Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Reaves Y Reece
Y Heed
Y Reese
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 Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires
Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey
Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense
Y Turnquest
Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson
Y West
Y Westmoreland
Y Whitaker
Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 167, nays 0. The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 5, 1999

309

HB 312. By Representatives Powell of the 23rd, Hudson of the 156th, Walker of the 141st, Skipper of the 137th and Stancil of the 16th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions, so as to authorize the Georgia Real Estate Appraisers Board to adopt regulations establishing procedures to reduce the use and retention of paper forms and documents, for the submission of forms and documents by facsimile or electronic means, and for satisfying signature requirements by electronic or voice signature or other means.
The following Committee substitute was read:
A BILL
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions, so as to authorize the Georgia Real Estate Appraisers Board to adopt regulations establishing procedures to reduce the use and retention of paper forms and documents, for the submission of forms and documents by facsimile or electronic means, and for satisfying signature requirements by electronic or voice signature or other means; to authorize such board to make certain certifications based on electronic data and to implement a paper records retention policy; to authorize such board to refuse to grant an appraisal classification or discipline on appraiser based on an applicant's or an appraiser's being convicted three times of certain criminal offenses carrying a misdemeanor penalty; to authorize such board to issue citations for apparent violations of Chapter 39A of this title, regulations issued thereunder, or appraiser standards of conduct; to provide for penalties which may be imposed in conjunction with the issuance of a citation and for procedures relating thereto; to authorize the Georgia Real Estate Commission to adopt regulations establishing procedures to reduce the use and retention of paper forms and documents, for the submission of forms and documents by facsimile or electronic means, and for satisfying signature requirements by electronic or voice signature or other means; to authorize such commission to make certain certifications based on electronic data and to implement a paper records retention policy; to authorize such commission to refuse to grant a license or discipline a licensee based on an applicant's or licensee's being convicted three times of certain criminal offenses carrying a misdemeanor penalty; to authorize such commission to issue citations based on apparent violations of Chapter 40 of this title, regulations issued thereunder, or unfair trade practices; to provide for penalties which may be imposed in conjunction with the issuance of a citation and for procedures relating thereto; 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 43 of the Official Code of Georgia Annotated, relating to professions, is amended in Chapter 39A, relating to real estate appraisers, by adding a new Code Section 43-39A4.1 to read as follows:
"43-39 A-4.1.
Notwithstanding any provision of law to the contrary, with respect to any form or application required to be completed by an applicant or an appraiser, or with respect to any document required to be issued by the board, the board is authorized to promulgate rules and regulations setting forth:
(1) Any procedure that will reduce the use of paper forms, applications, or documents;
(2) Any procedure that will reduce the necessity for the board to maintain paper documents;

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(3) The procedure for submitting or issuing any such form, application, or document by facsimile or electronic means; and
(4) The procedure for satisfying any signature requirement on any such form by electronic signature, voice signature, or other means so long as appropriate security measures are implemented that assure security and verification of any required signature.
As used in this Code section, the term 'electronic signature' shall have the same meaning as provided in Code Section 10-12-3."
SECTION 2.
Said title is further amended by striking in its entirety Code Section 43-39A-6, relating to the seal and records of the Georgia Real Estate Appraisers Board, and inserting in lieu thereof a new Code Section 43-39A-6 to read as follows:
"43-39A-6.
(a) The board shall adopt a seal, which may be either an engraved or ink stamp seal, with the words 'Real Estate Appraisers Board, State of Georgia' and such other device as the board may desire included thereon, by which it shall authenticate the acts of the board. Copies of all records and papers in the office of the board, certified by the signature of the real estate commissioner or the commissioner's designee and the seal of the board, shall be received in evidence in all cases equally and with like effect as the originals.
(b) The board shall maintain records so that it may certify the history of appraisers for a period of up to five years preceding the date of certification. The board may certify the classification history of an appraiser based on electronic data that it maintains. When that electronic data is derived from a paper record, upon converting the information on the paper record to electronic form and after verification of the electronic record, the board may:
(1) Properly destroy the paper record; or
(2) Retain the paper record for a period of time determined by the board."
SECTION 3.
Said title is further amended in Code Section 43-39A-14, relating to the required conduct of applicants for appraiser classifications and grounds for the granting, suspension, or revocation of an appraiser classification, by adding a new subsection (b.l) to read as follows:
"(b.l) Where an applicant has been convicted of three or more misdemeanor criminal offenses involving moral turpitude in a court of competent jurisdiction of this or any other state, district, or territory of the United States, or of a foreign country, such convictions in themselves may be a sufficient ground for refusal of an appraiser classification."
SECTION 4.
Said title is further amended in Chapter 39A, relating to real estate appraisers, by adding a new Code Section 43-39A-18.1 to read as follows:
"43-39A-18.1.

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311

(a) It is the intent of the General Assembly to provide the board with a disciplinary tool which is an alternative to the sanctions provided for in subsection (a) of Code Section 43-39A-18. The citation provided for in this Code section shall not be construed as a sanction.
(b) Whenever the evidence gathered in an investigation reveals an apparent violation by an appraiser of this chapter, the rules and regulations promulgated by the board, or a standard of conduct, the board, in its discretion, may (1) initiate the process for the imposition of sanctions, as provided for in subsection (a) of Code Section 43-39A-18 and in accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, or (2) issue a citation to the appraiser. Such citation, which shall be served personally or by mail, shall give notice to the appraiser of the alleged violation or violations of this chapter, commission rules, or standard or standards of conduct and inform the appraiser of the opportunity to request a contested case hearing to be held in accordance with the procedures established for such hearings by Chapter 13 of Title 50. A citation issued by the board may include an order to complete a course of study in real estate appraisal or instruction or to pay a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations, with fines for multiple violations limited to $5,000.00 in any one citation, or both. If the appraiser fails to request a hearing within 30 days of the date of service of the citation, the order contained in the citation shall be final. The failure of an appraiser to comply with a final order contained in a citation may be cause for the imposition of a sanction on such person's classification, after notice and opportunity for a hearing.
(c) The board is authorized to promulgate rules and regulations to implement this Code section. Such rules may limit the provisions of this chapter and of its rules and regulations and standards of conduct which may be the basis for the issuance of a citation."
SECTION 5.
Said title is further amended in Chapter 40, relating to real estate brokers and salespersons, by adding a new Code Section 43-40-3.1 to read as follows:
"43-40-3.1.

Notwithstanding any provision of law to the contrary, with respect to any form or application required to be completed by an applicant or a licensee, or with respect to any document required to be issued by the commission, the commission is authorized to promulgate rules and regulations setting forth:
(1) Any procedure that will reduce the use of paper forms, applications, or documents;
(2) Any procedure that will reduce the necessity for the commission to maintain paper documents;
(3) The procedure for submitting or issuing any such form, application, or document by facsimile or electronic means; and
(4) The procedure for satisfying any signature requirement on any such form by electronic signature, voice signature, or other means so long as appropriate security measures are implemented that assure security and verification of any required signature.
As used in this Code section, the term 'electronic signature' shall have the same meaning as provided in Code Section 10-12-3."

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SECTION 6.
Said title is further amended by striking in its entirety Code Section 43-40-6, relating to the seal and records of the Georgia Real Estate Commission, and inserting in lieu thereof a new Code Section 43-40-6 to read as follows:
"43-40-6.

(a) The commission shall adopt a seal, which may be either an engraved or ink stamp seal, with the words 'State Real Estate Commission, State of Georgia,' and such other device as the commission may desire included thereon, by which it shall authenticate the acts of the commission. Copies of all records and papers in the office of the commission, certified by the signature of the real estate commissioner or the commissioner's designee and the seal of the commission, shall be received in evidence in all cases equally and with like effect as the originals.
(b) The commission shall maintain records so that it may certify the license history of licensees for a period of up to five years preceding the date of certification. The commission may certify the license history of a licensee based on electronic data that it maintains. When that electronic data is derived from a paper record, upon converting the information on the paper record to electronic form and after verification of the electronic record, the commission may:
(1) Destroy the paper record; or
(2) Retain the paper record for a period of time determined by the commission."
SECTION 7.
Said title is further amended in Code Section 43-40-15, relating to the grant, revocation, or suspension of licenses by the Georgia Real Estate Commission, by striking in their entirety subsections (c) through (f) and inserting in lieu thereof new subsections (b.l) through (f) to read as follows:
"(b.l) Where an applicant has been convicted of three or more misdemeanor criminal offenses involving moral turpitude in a court of competent jurisdiction of this or any other state, district, or territory of the United States, or of a foreign country, such convictions in themselves may be a sufficient ground for refusal of a license.
(c) Where an applicant or licensee has been found guilty of a violation of the federal fair housing law or Article 4 of Chapter 3 of Title 8 by an administrative law judge or a court of competent jurisdiction and after any appeal of such conviction is concluded, such conviction may in itself be a sufficient ground for refusal of a license or the imposition of any sanction permitted by this chapter.
(d) Where an applicant or licensee has made a false statement of material fact on his or her application or caused to be submitted or been a party to preparing or submitting any falsified application to the commission, such action may, in itself, be a sufficient ground for the refusal, suspension, or revocation of the license.
(e) Grounds for suspension or revocation of a license, as provided for by this chapter, shall also be grounds for refusal to grant a license.
(f) The conduct provided for in subsections (a), (b), (b.l), (c), (d), and (h) of this Code section which relates to the denial of a real estate license to an applicant shall also be grounds for imposition of any sanction permitted by this chapter when the conduct is that of a licensee."

FRIDAY, FEBRUARY 5, 1999

313

SECTION 8.
Said title is further amended in Chapter 40, relating to real estate brokers and salespersons, by adding a new Code Section 43-40-25.2 to read as follows:
"43-40-25.2.

(a) It is the intent of the General Assembly to provide the commission with a disciplinary tool which is an alternative to the sanctions provided for in subsection (a) of Code Section 43-40-25. The citation provided for in this Code section shall not be construed as a sanction.

(b) Whenever the evidence gathered in an investigation reveals an apparent violation of this chapter or of the rules and regulations promulgated by the commission or the apparent commission of any unfair trade practice by a licensee, the commission, in its discretion, may (1) initiate the process for the imposition of sanctions, as provided for in subsection (a) of Code Section 43-40-25 and in accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, or (2) issue a citation to the licensee. Such citation, which shall be served personally or by mail, shall give notice to the licensee of the alleged violation or violations of this chapter or commission rules or alleged unfair trade practice or practices and inform the licensee of the opportunity to request a contested case hearing to be held in accordance with the procedures established for such hearings by Chapter 13 of Title 50. A citation issued by the commission may include an order to complete a course of study in real estate brokerage or instruction; to file periodic reports by an independent accountant on a real estate broker's designated trust account; or to pay a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations, with fines for multiple violations limited to $5,000.00 in any one citation, or a combination of the above. If the licensee fails to request a hearing within 30 days of the date of service of the citation, the order contained in the citation shall be final. The failure of a licensee to comply with a final order contained in a citation may be cause for the imposition of a sanction on such person's license, after notice and opportunity for a hearing.

(c) The commission is authorized to promulgate rules and regulations to implement this Code section. Such rules may limit the provisions of this chapter and of its rules and regulations and unfair trade practices which may be the basis for the issuance of a citation."

SECTION 9. This Act shall become effective on July 1, 1999.

SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Reed of the 52nd moves to amend the Committee substitute to HB 312 as follows:

Delete Section 7 b.l.

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

Y Alien Y Anderson Y Ashe N Bailey

N Bannister N Barnard N Barnes N Benefield

Birdsong N Bohannon N Bordeaux N Borders

N Bridges Y Brooks N Brown E Buck

N Buckner N Bulloch N Bunn N Burkhalter

314
N Byrd N Callaway N Campbell N Cash N Channell N Childers N Clark N Coan N Coleman, B E Coleman, T N Connell
Cooper N Cox N Crawford N Cummings N Davis, M N Davis, T N Day
Dean N DeLoach, B N DeLoach, G
Dix N Dixon N Dodson N Dukes N Ehrhart Y Epps N Evans N Everett N Felton N Floyd Y Franklin

JOURNAL OF THE HOUSE

N Golick N Graves Y Greene N Grindley N Hammontree N Hanner N Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson N Holland Y Holmes N Houston N Howard N Hudgens
N Hudson, H N Hudson, N
Y Hugley N Irvin N Jackson, B Y Jackson, L Y James N Jamieson N Jenkins N Jennings
Jones Y Joyce N Kaye N Lane

N Lewis
Lord
Y Lucas Y Maddox
N Mann N Manning
Martin, J
N Martin, J.L N Massey Y McBee N McCall Y McClinton
McKinney N Millar
N Mills Y Mobley N Morris N Mosley N Mueller Y O'Neal Y Orrock
Parham
N Parrish N Parsons
Pelote
N Pinholster N Poag N Ponder N Porter N Powell
N Purcell Y Ragas

Y Randall
N Ray
Reaves
N Reece Y Reed
N Reese N Reichert N Rice N Richardson Y Roberts Y Rogers N Royal N Sanders N Sauder N Scarlett N Scheid N Scott N Shanahan Y Shaw N Shipp N Sholar N Sims Y Sinkfield N Skipper N Smith, B N Smith, C N Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T N Smith, V

Y Smyre N Snelling
Y Snow N Squires N Stallings N Stancil Y Stanley, P Y Stanley-Turner N Stephens Y Stokes
Y Stuckey
Y Taylor Y Teague
Y Teper
Y Tillman N Tolbert N Trense
Turnquest Y Twiggs
N Unterman E Walker, L N Walker, R.L Y Watson N West N Westmoreland N Whitaker N Wiles N Williams, J N Williams, R N Wix N Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 43, nays 121.

The amendment was lost.

The following amendment was read and lost:

Representative Cox of the 105th moves to amend the Committee substitute to HB 312 as follows:
Page 6 line 18 insert "or revocation" after "refusal".

The Committee substitute was adopted.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield
Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks

Y Brown E Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter
Y Byrd Y Callaway Y Campbell Y Cash
Y Channell Y Childers Y Clark Y Coan

Y Coleman, B E Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Gumming;s Y Davis, M Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G
Dix

Y Dixon
Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley

Y Hammontree
Y Hanner
Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston
Howard
Y Hudgens

Hudson, H Hudson, N Hugley Irvin Jackson, B Jackson, L James Jamieson Jenkins Jennings Jones Joyce Kaye Lane Lewis Lord Lucas Maddox Mann Manning Martin, J Martin, J.L

FRIDAY, FEBRUARY 5, 1999

315

Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons
Pelote
Y Pinholster
Y Poag
Y Ponder
Y Porter Y Powell

Purcell
Randall Ray Reaves Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp

Y Sholar
Y Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires Y Stallings
Y Stancil Y Stanley, P
N Stanley-Turner Y Stephens Y Stokes

Y Stuckey Y Taylor N Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 166, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 251. By Representatives Mueller of the 152nd, Stephens of the 150th, Day of the 153rd, Jackson of the 148th, Pelote of the 149th and others:
A resolution recognizing and honoring the Chairman, Grand Marshal, and other representatives of the Savannah St. Patrick's Day Parade Committee and inviting them to appear before the House of Representatives.
HR 252. By Representatives Turnquest of the 73rd, Epps of the 131st and McClinton of the 68th:
A resolution recognizing and commending Morehouse College and inviting President Walter E. Massey to appear before the House of Representatives.
HR 253. By Representatives Smith of the 12th, Childers of the 13th, Reece of the llth, Cummings of the 27th, Lewis of the 14th and others:
A resolution commending the 1998 Darlington High School football team and inviting them to appear before the House of Representatives at the state capitol.
HR 254. By Representatives Smith of the 91st, McBee of the 88th, Porter of the 143rd, Taylor of the 134th and Jamieson of the 22nd:
A resolution recognizing and commending Debra Harden as the Georgia School Superintendent of the Year for 1998 and inviting her to appear before this body.
HR 255. By Representative Smith of the 91st:
A resolution commending Honorable Frank Earl Stancil, Sr. and inviting him to appear before this body.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 173. By Representatives Hugley of the 133rd, Smyre of the 136th, Taylor of the 134th and Heard of the 89th:
A resolution recognizing Alpha Kappa Alpha Sorority, Inc.

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JOURNAL OF THE HOUSE

Pursuant to HR 8, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 8, 1999.

MONDAY, FEBRUARY 8, 1999

317

Representative Hall, Atlanta, Georgia Monday, February 8, 1999

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

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

Anderson Ashe Bannister
Barnard
Barnes Benefield Birdsong Bohannon
Borders Bridges Brooks Brown
Buck
Buckner
Bulloch
Bunn Burkhalter Byrd Callaway Campbell Cash Childers Clark Coleman, B Connell
Cooper Cox Crawford Cummings

Davis, M Davis, T Dean DeLoach, B DeLoach, G
Dodson Dukes Ehrhart Epps
E Evans Everett Felton
Floyd Franklin Golick
Greene Grindley Hammontree Harbin Harrell Heard
Hembree Henson Holland Howard Hudgens
Hugley Jackson, B Jackson, L

James Jennings
Kaye Lane Lewis Lord Maddox Mann Manning
Martin, J Martin, J.L McBee
McCall McClinton
McKinney Millar Mills Mobley
Morris Mosley Mueller CWeal Orrock Parham
Parrish Parsons Pelote Pinholster

Porter Powell Purcell
Ray Reaves Reece Reese Reichert
Rice Richardson Roberts Rogers
Royal Sanders
Sauder Scarlett Scheid Shanahan
Shaw Shipp Sholar Sims Sinkfield Skipper
Smith, B Smith, C Smith, C.W Smith, L Smith, L.R

Smith, P Smith, T Smith, V Snelling Snow Squires Stallings Stancil Stanley, P Stephens Stokes Stuckey Taylor Teper Tillman Tolbert Turnquest Unterman Walker, L Watson West Westmoreland Whitaker Wiles Williams, R Wix Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Day of the 153rd, Hudson of the 120th, Ragas of the 64th, Coleman of the 142nd, Channell of the lllth, Reed of the 52nd, Walker of the 87th, Scott of the 165th, Jones of the 71st, Jamieson of the 22nd, Heckstall of the 55th, Banner of the 159th, Bailey of the 93rd, Hegstrom of the 66th, Ponder of the 160th, Hudson of the 156th, Irvin of the 45th, Jenkins of the 110th, Randall of the 127th, Coan of the 82nd, Massey of the 86th, Stanley-Turner of the 50th, Houston of the 166th, Joyce of the 1st, Trense of the 44th, Graves of the 125th, Twiggs of the 8th, Williams of the 83rd, Dixon of the 168th, Holmes of the 53rd, Teague of the 58th, Alien of the 117th, Dix of the 76th and Bordeaux of the 151st.
They wish to be recorded as present.
Prayer was offered by Dr. Frank Page, Pastor, Warren Baptist Church, Augusta, Georgia.
The members pledged allegiance to the flag.
Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

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JOURNAL OF THE HOUSE

By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the committees: HB 501. By Representative Parham of the 122nd:
A bill to amend Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Peace Officers' Annuity and Benefit Fund, so as to change the definition of peace officer; to provide for eligibility of certain officers of the Georgia Drugs and Narcotics Agency for membership in such fund.
Referred to the Committee on Retirement.

HB 502. By Representatives Lane of the 146th, Jamieson of the 22nd, Purcell of the 147th, Skipper of the 137th, Channell of the lllth and others:
A bill to amend Code Section 12-5-135 of the Official Code of Georgia Annotated, relating to requirement of bond or letter of credit from a water well contractor or driller, so as to provide that the bond or irrevocable letter of credit required by law shall have state-wide application.
Referred to the Committee on Natural Resources & Environment.

HB 503. By Representatives Hugley of the 133rd and Taylor of the 134th:
A bill to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions concerning dangerous instrumentalities and practices, so as to provide for definitions; to provide that it shall be unlawful for a person intentionally and without legal justification to focus, point, or aim a laser beam directly or indirectly at another person or animal in such a manner as to harass, annoy, or injure such person or animal.
Referred to the Committee on Special Judiciary.

HB 504. By Representative Royal of the 164th:
A bill to amend Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax collectors, so as to change certain provisions regarding accountability of tax collectors and tax commissioners;

MONDAY, FEBRUARY 8, 1999

319

to change circumstances under which tax collectors and tax commissioners may be suspended from office.
Referred to the Committee on Ways & Means.
HB 505. By Representative Richardson of the 26th: A bill to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants so as to provide that students eligible for federal Pell grants shall not be ineligible for HOPE scholarships for certain purposes.
Referred to the Committee on Education.
HB 506. By Representative Ashe of the 46th: 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 funding of foreign language instruction in primary, upper elementary, and middle grade programs.
Referred to the Committee on Education.
HB 507. By Representatives Snow of the 2nd, West of the 101st, Holland of the 157th, Ray of the 128th, Shaw of the 176th and others: A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to (the jurisdiction, powers, and duties of the Georgia Public Service Commission, so as to provide for a legislative finding and intent; to direct the commission to adopt rules and regulations for determining whether basic local exchange calling areas should be expanded, contracted, or otherwise reconfigured.
Referred to the Committee on Industry.
HB 508. By Representatives Stancil of the 16th, Shipp of the 38th, Lewis of the 14th, Cummings of the 27th, Pinholster of the 15th and others: A bill to create the Lake Allatoona Preservation Authority.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 509. By Representatives Jamieson of the 22nd, Ashe of the 46th, Cummings of the 27th, Day of the 153rd, Porter of the 143rd and others: A bill to amend Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to historic preservation, so as to change certain provisions regarding historic preservation commissions and ordinances.
Referred to the Committee on State Planning & Community Affairs.
HB 510. By Representatives Jamieson of the 22nd, Greene of the 158th, Hudson of the 156th, Porter of the 143rd, Powell of the 23rd and others: A bill to amend Code Section 20-2-520 of the Official Code of Georgia Annotated, relating to the powers of local boards of education with respect to the acquisition and disposition of school sites, so as to impose certain requirements on the letting of public school construction contracts in excess of $100,000.00.
Referred to the Committee on Education.

320

JOURNAL OF THE HOUSE

HB 511. By Representatives Birdsong of the 123rd and Jenkins of the 110th: A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exceptions from the requirements of disclosure of public records, so as to provide an exception with respect to records, data bases, and associated information used in the operation of an emergency "911" system.
Referred to the Committee on Judiciary.
HB 512. By Representatives Lane of the 146th, Burkhalter of the 41st, Royal of the 164th, Morris of the 155th, Wix of the 33rd and others: A bill to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlords and tenants, so as to clarify that the payment of rent and utility payments into the court's registry is a condition precedent to continued possession by the tenant in certain circumstances.
Referred to the Committee on Judiciary.
HB 513. By Representatives Tolbert of the 25th, Shaw of the 176th, Golick of the 30th, Burkhalter of the 41st and Maddox of the 72nd: A bill to amend Code Section 33-1-9 of the Official Code of Georgia Annotated, relating to insurance fraud, so as to provide for increased penalties for felony insurance fraud committed against persons 60 years of age or older.
Referred to the Committee on Insurance.
HB 514. By Representatives Lane of the 146th, Barnard of the 154th, Ray of the 128th, Mosley of the 171st and Morris of the 155th: A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to increase the ad valorem tax exemption for personal property; to provide for a complete exemption with respect to certain small boats; to provide for the return and taxation of other boats.
Referred to the Committee on Ways & Means.
HB 515. By Representative Reichert of the 126th: A bill to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to provide that any person who accepts a check in exchange for a cash payment to the maker of the check pursuant to an agreement to defer presentment of the check shall be licensed in this state.
Referred to the Committee on Banks & Banking.
HR 257. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th: A resolution urging the administrator of the United States Environmental Protection Agency to use sound science and real-world data from the data call-in process in establishing realistic models for evaluating risk.
Referred to the Committee on Agriculture & Consumer Affairs.

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

MONDAY, FEBRUARY 8, 1999

321

HB 472 HB 473 HB 474 HB 475 HB 476 HB 477 HB 478 HB 479
H13 4oO
HR AS1
HTHTBBTJ 4A488SO12
TTO /ffiQ
HHBB 48bC4i
HB 485 HB 486
HB 487 HB 488
HB 489 HB 490 HB 491 HB 492

HB 493 HB 494 HB 495 HB 496 HB 497 HB 498 HB 499 HB 50Q
TJT? 01 o
HK 21<J
TH-JJ-KPD ,9,,211,.4_
tlti ^ 1O
HTIKP 2911bfi
HR 217 SB 41
SB 42 SB 57
SB 59 SB 63 SB 64 SB 82

The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR MONDAY, FEBRUARY 8, 1999
Mr. Speaker and Members of the House: The Committee on Rules has fixed the amended calendar for this 16th Legislative Day as enumerated below:
HB 147 Income tax; certain transportation fringe benefits; tax credit HB 211 Private colleges and universities; redefine "institution of higher education" HB 371 Courts; law clerks; change title to law assistant HR 120 Quality Health Care Coalition Act; urge Congress enact
SB 34 Southern Dairy Compact - enact (Ragan of the llth)
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Smyre of the 136th
Chairman
Representative Mills of the 21st arose to a point of personal privilege and addressed the House.
The following Resolutions of the House were read and referred to the Committee on Rules: HR 258. By Representatives Buckner of the 95th, Barnes of the 97th, Benefield of the
96th, Dodson of the 94th, Jamieson of the 22nd and others: A resolution commending the Jonesboro High School faculty and students and inviting principal Linda Tanner and vice principals Clarence Jackson, Bill Cain, and John Lilly to appear before the House of Representatives.

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HR 259. By Representatives Parsons of the 40th, Franklin of the 39th, Shipp of the 38th, Kaye of the 37th, Manning of the 32nd and others:
A resolution commending the Lassiter High School Marching Trojan Band and inviting its members and directors to appear before the House of Representatives.
HR 262. By Representatives Lane of the 146th, Martin of the 145th, Barnard of the 154th, Smith of the 175th, Fairish of the 144th and others:
A resolution commending Coach Paul Johnson and inviting him to appear before the House of Representatives.
HR 263. By Representatives Dukes of the 161st, Everett of the 163rd and Roberts of the 162nd:
A resolution declaring February 25, 1999, as Albany-Dougherty County Day at the State Capitol and inviting officials of the city, the county, and the chamber of commerce to appear before the House of Representatives.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:
SB 34. By Senators Ragan of the llth, Marable of the 52nd, Hill of the 4th 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.

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

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

Alien
Anderson Ashe Bailey Bannister
Barnard Barnes Benefield Birdsong
Bohannon Bordeaux Borders Bridges Brooks Brown Buck Buckner Bulloch Bunn
Burkhalter Byrd Call away Campbell Cash Channell
Childers Clark Coan Coleman, B

Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings N Davis, M Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes
N Ehrhart Y Epps E Evans
Y Everett
Y Felton Y Floyd N Franklin N Golick Y Graves Y Greene N Grindley Y Hammontree
Y Hanner

Y Harbin
Y Barrel!
Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins
N Jennings
Y Jones Y Joyce N Kaye
Y Lane
Y Lewis Y Lord Y Lucas

Y Maddox N Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McRinney Y Millar N Mills N Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell N Ragas

Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese 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 Shipp Y Sholar Y Sims Y Sinkfield
Y Skipper Y Smith, B Y Smith, C N Smith, C.W
Y Smith, L Y Smith, L.R

Y Smith, P Y Smith, T N Smith, V
Y Smyre N Snelling Y Snow Y Squires

MONDAY, FEBRUARY 8, 1999

323

Y Stallings N Stancil Y Stanley, P
Y Stanley-Turner Y Stephens Y Stokes N Stuckey

Y Taylor Y Teague Y Teper
Y Tillman Y Tolbert Y Trense Y Turnquest

Y Twiggs Y Unterman Y Walker, L
Y Walker, R.L Y Watson Y West N Westmorland

Y Whitaker N Wiles Y Williams, J
Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 154, nays 22.
The Bill, having received the requisite constitutional majority, was passed.
Representative Smyre of the 136th assumed the Chair. HB 147. By Representatives Buck of the 135th, Jamieson of the 22nd, Connell of the
115th, Ashe of the 46th and Hugley of the 133rd: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit with respect to federal qualified transportation fringe benefits.
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 the imposition, rate, and computation of income tax, so as to provide for a tax credit with respect to federal qualified transportation fringe benefits; to provide for a definition; to provide for conditions, limitations, and exclusions; to provide for authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, is amended by adding a new Code section immediately following Code Section 48-7-29.2, to be designated Code Section 487-29.3, to read as follows:
"48-7-29.3.
(a) As used in this Code section, the term 'federal qualified transportation fringe benefit' means only the following transportation benefits provided by an employer to any employee as provided in Section 132(f) of the Internal Revenue Code of 1986, as amended:
(1) Transportation in a commuter highway vehicle if such transportation is in connection with travel between the employee's residence and place of employment;
(2) Any transit pass;
(3) Qualified parking on or near a location from which the employee commutes to work by transportation described in paragraph (1) of this subsection, in a commuter highway vehicle, or by carpool. Qualified parking shall not include parking provided to an employee on or near the business premises of the employer and shall not include any parking on or near property used by the employee for residential purposes.

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(b) A taxpayer shall be allowed a state income tax credit against the tax imposed by this chapter for any federal qualified transportation fringe benefit provided by the taxpayer to an employee which benefit is in addition to and not in lieu of compensation otherwise payable to the employee, in an amount equal to the $25.00 per employee receiving such benefit; provided, however, that in no event shall the total amount of such tax credit exceed the annual amount expended by such employer in providing such federal qualified transportation fringe benefits to such employees.

(c) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused tax credit shall be allowed to be carried forward to apply to the taxpayer's next three succeeding years' tax liability. No such tax credit shall be allowed the taxpayer against prior years' tax
liability.

(d) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section. Such rules and regulations shall include, but not be limited to, a minimum required usage of ten workdays per month of the federal qualified transportation fringe benefit provided to the employee in order to obtain the credit authorized under this Code section."

SECTION 2.
This Act shall become effective on January 1, 2001, and shall be applicable to all taxable years beginning on or after January 1, 2001.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

Alien Anderson Ashe Bailey Bannister Barnard Barnes Benefield Birdsong Bohannon Bordeaux Borders Bridges
Brooks Brown Buck Buckner
Bulloch Bunn Burkhalter Byrd Callaway Campbell Cash Channell Childers Clark Coan Coleman, B Coleman, T

Y Connell
Y Cooper Y Cox Y Crawford Y Cummings
Y Davis, M
Y Davis, T Y Day Y Dean Y DeLoach, B
Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes
Y Ehrhart
Y Epps E Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Y Hanner
Y Harbin Y Harrell

Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson
Y Holland Y Holmes Y Houston Y Howard Y Hudgens
Y Hudson, H Y Hudson, N Y Hugley Y Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins
Y Jennings Y Jones Y Joyce Y Kaye
Y Lane Y Lewis Y Lord Y Lucas Y Maddox
Y Mann Y Manning

Martin, J
Martin, J.L Massey McBee McCall McClinton McKinney Millar Mills Mobley Morris
Mosley
Mueller CWeal Orrock Parham Parrish
Parsons Pelote Pinholster
Poag Ponder Porter Powell Purcell
Ragas Randall Ray Reaves Reece

Reed Heese Reichert
Rice
Richardson Roberts Rogers Royal
Sanders
Sauder Scarlett Scheid Scott Shanahan
Shaw
Shipp
Sholar
Sims Sinkfield Skipper Smith, B
Smith, C Smith, C.W Y Smith, L Y Smith. L.R Y Smith, P Y Smith, T Y Smith, V Smyre
Y Snelling

MONDAY, FEBRUARY 8, 1999

Y Snow Y Squires Y Stallings
Y Stancil
Y Stanley, P Y Stanley-Turner

Y Stephens Y Stokes Y Stuckey
Y Taylor
Y Teague Y Teper

Y Tillman Y Tolbert Y Trense
Y Turnquest
Y Twiggs Y Unterman

Y Walker, L Y Walker, R.L Y Watson
Y West
Y Westmoreland Y Whitaker

325
Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 172, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Smith of the 91st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HR 120. By Representatives Martin of the 145th, Williams of the 114th, Parrish of the 144th, Stephens of the 150th and Irvin of the 45th:
A resolution urging the Congress of the United States to enact the Quality Health Care Coalition Act.
The following Committee substitute was read and adopted:
A RESOLUTION
Urging the Congress of the United States to enact The Quality Health Care Coalition Act; and for other purposes.
WHEREAS, health care insurance consumers should enjoy the benefits of a full application of antitrust law; and
WHEREAS, bipartisan legislation proposed in the Congress of the United States by Representative Tom Campbell of California and Representative Frank Pallone, Jr., of New Jersey, entitled "The Quality Health Care Coalition Act," would allow negotiations between a health maintenance organization and a coalition of health care professionals regarding the terms and conditions of a contract between a member of such coalition and a health maintenance organization and implementation of such terms and conditions; and
WHEREAS, health care professionals should be allowed to form their own professional associations and bargain with the HMOs and other organizations in their area rather than have the federal government establish rules that specify the HMO-health care professional relationship; and
WHEREAS, fully integrated competitive coalitions of doctors and other health care professionals offering products and services should participate in the marketplace protected from antitrust laws; and
WHEREAS, The Quality Health Care Coalition Act will benefit both health care professionals and health care insurance consumers by promoting efficiency in the marketplace. Because such Act would assist the addition of health care professional coalitions to the health care market, competition would increase; and
WHEREAS, benefits of competition have been proven recently in the health care industry, as provider integration has resulted in increased efficiency, higher quality of care, and lower costs to employers and patients, and additional networks in the marketplace can only increase these benefits.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body respectfully urge the Congress of the United States to enact The Quality Health Care Coalition Act.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to each member of the Georgia Congressional Delegation.

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

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

Y Alien Y Anderson
Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes
Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders
Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch N Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark
Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper
N Cox Y Crawford Y Cummings N Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps E Evans Y Everett Y Felton Y Floyd
N Franklin Y Golick
Y Graves
Y Greene Grindley
Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson N Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L
Y James
Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley N Mueller
Y O-Neal
Y Orrock
Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter
Y Powell
Y Purcell
Y Ragas
Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal
Y Sanders
Y Sauder
Y Scarlett N Scheid N Scott Y Shanahan Y Shaw Y Shipp Y Sholar N Sims Y Sinkfield
Y Skipper Y Smith, B
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 Squires Y Stallings N Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmorland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the adoption of the Resolution, by substitute, the ayes were 166, nays 10.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
Due to a mechanical malfunction, the vote of Representative Mueller of the 152nd was recorded as "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon. HB 371. By Representatives Martin of the 47th, Tolbert of the 25th, Alien of the
117th, Teper of the 61st, Wiles of the 34th and others: A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the superior courts, so as to change provisions relating to the employment of law clerks and court administrators; to change law clerks to law assistants.
The following Committee substitute was read and adopted:

MONDAY, FEBRUARY 8, 1999

327

A BILL
To amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the superior courts, so as to change law clerks to law assistants; to authorize each judicial circuit to employ additional law assistants and court administrators subject to availability of funds; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the superior courts, is amended by striking in its entirety Code Section 15-6-28, relating to law clerks and court administrators, and inserting in its place the following:
"15-6-28.

(a) The chief judge of each judicial circuit is authorized to employ either one law clerk assistant or one court administrator for the circuit. Each judicial circuit is authorized to employ additional law assistants and administrators subject to availability of funds.
(b) The chief judge of a judicial circuit wherein there is located an institution of the state designated by the Department of Corrections for carrying out the death sentence is authorized to employ a law clerk assistant whose primary duty shall be to assist the court in handling appeals made by individuals awaiting execution.
(c) All personnel actions involving law elcrka assistants and court administrators employed pursuant to this Code section shall be in accordance with the provisions of Code Section 15-6-27.

(d) Funds for salaries, expenses, and other remuneration for law assistants and court administrators employed pursuant to this Code section shall be paid from state funds appropriated or otherwise available for the operation of the superior courts."

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:

Alien Anderson Ashe Bailey Bannister Barnard Barnes Benefield Birdsong
Bohannon Bordeaux
Borders
Bridges Brooks Brown Buck

Buckner Bulloch
Bunn Burkhalter Byrd Callaway Campbell Cash Channell Childers Clark Coan Coleman, B Coleman, T
Connell
Cooper

Cox Crawford Cummings Davis, M Davis, T Day Dean
DeLoach, B
DeLoach, G Dix Dixon Dodson Dukes Ehrhart Epps Evans

Y Everett
Y Felton Y Floyd Y Franklin Y Golick
Y Graves
Y Greene
Y Grindley Y Hammontree Y Hanner Y Harbin
Y Harrell Y Heard Y Heckstall
Y Hegstrom Y Hembree

Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley
Irvin
Jackson, B
Y Jackson, L
Y James Y Jamieson
Jenkins
Y Jennings

328
Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills
Mobley

JOURNAL OF THE HOUSE

Y Morris
Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder
Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece

Y Reed Y Reese 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 Shipp
Sholar Y Sims Y Sinkfield Y Skipper

Y Smith, B 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 Squires Y Stalh'ngs Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor

Y Teague
Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest
Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R
Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 174, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 211. By Representatives Walker of the 141st and Buck of the 135th:
A bill to amend Article 6 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Private Colleges and Universities Authority Act," so as to change the definition of the term "institution of higher education" for purposes of said article; to thereby change the scope and operation of said article.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway
Y Campbell Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell

Y Cooper Y Cox Y Crawford
Y Cummings Y Davis, M Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes
Ehrhart
Y Epps
E Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin
Y Harrell
Heard
Y Heckstall

Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson
Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye
Y Lane Y Lewis Y Lord Y Lucas
Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L
Y Massey

Y McBee
McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray
Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice

Y Richardson Y Roberts
Y Rogers Y Royal Y Sanders Y Sauder
Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires
Y Stallings Y Stancil Y Stanley, P

MONDAY, FEBRUARY 8, 1999

329

Y Stanley-Turner Y Stephens
Y Stokes Y Stuckey Y Taylor

Y Teague Y Teper
Y Tillman Y Tolbert Y Trense

Y Turnquest Y Twiggs
Y Unterman Y Walker, L Y Walker, R.L

Y Watson Y West
Y Westmoreland Y Whitaker Y Wiles

On the passage of the Bill, the ayes were 170, nays 0.

Y Williams, J Y Williams, R
Y Wix Y Yates
Murphy, Spin-

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

Representative Parrish of the 144th District, Chairman of the Committee on Banks & Banking, submitted the following report:

Mr. Speaker:

Your Committee on Banks & Banking has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 210 Do Pass, as Amended HB 317 Do Pass
Respectfully submitted, /s/ Parrish of the 144th
Chairman

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

Mr. Speaker:

Your Committee on State Planning & Community Affairs has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 121 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

The Speaker announced the House in recess subject to the 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, February 9, 1999

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

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

Alien Anderson Ashe Bailey Bannister Barnard Barnes Benefield Birdsong Borders Bridges Brooks Brown Buck Bulloch Bunn Burkhalter Byrd Callaway Campbell Cash Childers Coleman, B Coleman, T Connell Cooper Cox Crawford Cummings Davis, M

Davis, T Dean DeLoach, B DeLoach, G Dixon Dodson Dukes Ehrhart E Evans Everett Felton Floyd Franklin Golick Greene Hammontree Harbin Harrell Heard Heckstall Hegstrom Hembree Henson Holland Houston Howard Hudgens Hudson, H Hudson, N Hugley

Irvin Jackson, B Jackson, L James Jennings Joyce Kaye Lane Lewis Lord Lucas Maddox Mann Manning Martin, J.L McBee McCall McClinton McKinney Millar Mills Morris Mosley Mueller O'Neal Parham Parrish Parsons Pelote Pinholster

Ponder Porter Powell Purcell Ragas Randall Ray Reaves Reece Reese Reichert Rice Richardson Roberts Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Skipper Smith, B Smith, C Smith, C.W Smith, L

Smith, L.R Smith, P Smith, V Snelling Snow Squires Stallings Stancil Stokes Stuckey Taylor Teague Teper Tillman Tolbert Trense Turnquest Twiggs Unterman Walker, L Walker, R.L Watson West Whi taker Wiles Williams, R Wix Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Channell of the lllth, Hanner of the 159th, Smith of the 169th, Jamieson of the 22nd, Reed of the 52nd, Orrock of the 56th, Bordeaux of the 151st, Coan of the 82nd, Massey of the 86th, Stanley-Turner of the 50th, Rogers of the 20th, Mobley of the 69th, Westmoreland of the 104th, Stephens of the 150th, Graves of the 125th, Holmes of the 53rd, Epps of the 131st, Bohannon of the 139th, Day of the 153rd, Jones of the 71st, Dix of the 76th, Martin of the 47th, Clark of the 3rd, Smyre of the 136th, Grindley of the 35th and Sinkfield of the 57th.
They wish to be recorded as present.
Prayer was offered by the Reverend Glynn Grantham, Pastor, First Assembly of God, Warner Robins, 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, FEBRUARY 9, 1999

331

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 516. By Representative Hembree of the 98th:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemption of property from ad valorem taxation, so as to provide for a complete personal property exemption with respect to tools and implements of trade of manual laborers and mechanics.
Referred to the Committee on Ways & Means.
HB 517. By Representative Twiggs of the 8th: A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor, so as to enact the Ski Area Safety Act; to provide a short title; to define certain terms; to create the Advisory Board on Ski Area Safety.
Referred to the Committee on Public Safety.
HB 518. By Representative Royal of the 164th: 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 change certain provisions for the disposition of certain interest.
Referred to the Committee on Ways & Means.
HB 519. By Representative Shanahan of the 10th: A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that under certain circumstances, the chief magistrate of a county shall be eligible for membership in such fund; to provide for employee and employer contributions.
Referred to the Committee on Retirement.

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JOURNAL OF THE HOUSE

HB 520. By Representatives West of the 101st, Stallings of the 100th, Bridges of the 9th, Day of the 153rd, Murphy of the 18th and others: A bill to amend Code Section 32-6-29 of the Official Code of Georgia Annotated, relating to law enforcement functions of the Department of Transportation, so as to provide that the commissioner shall authorize enforcement officers of the department to make use of drug detection dogs; to provide for enforcement powers of such officers with respect to unlawful drugs and controlled substances.
Referred to the Committee on Transportation.
HB 521. By Representative Hembree of the 98th: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to prohibit the requirement of fingerprinting of applicants for drivers' licenses; to prohibit the requirement of fingerprinting of applicants for identification card issued by the Department of Public Safety.
Referred to the Committee on Motor Vehicles.
HB 522. By Representatives Buck of the 135th and Royal of the 164th: A bill to amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, the "Georgia Fiscal Note Act," so as to change provisions relating to requests for and preparation of fiscal notes.
Referred to the Committee on Ways & Means.
HB 523. By Representatives Royal of the 164th and Buck of the 135th: A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for comprehensive revision of the method and manner of calculating and determining the assessment ratio of assessed value to fair market value.
Referred to the Committee on Ways & Means.
HB 524. By Representatives Royal of the 164th and Buck of the 135th: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of state income taxes, so as to change certain provisions regarding tax credits for certain business enterprises.
Referred to the Committee on Ways & Means.
HB 525. By Representative Lucas of the 124th: A bill to amend Code Section 36-82-62 of the Official Code of Georgia Annotated, relating to powers regarding undertakings and revenue bonds, so as to provide for a limitation on certain extraterritorial undertakings.
Referred to the Committee on State Planning & Community Affairs.
HB 526. By Representatives McBee of the 88th, Cummings of the 27th, Shanahan of the 10th and Coleman of the 80th: A bill to amend Code Section 47-3-120 of the Official Code of Georgia Annotated, relating to allowance on service retirement in the Teachers Retirement System of Georgia, so as to eliminate a penalty for early retirement.
Referred to the Committee on Retirement.

TUESDAY, FEBRUARY 9, 1999

333

HB 527. By Representative Callaway of the 81st: A bill to amend Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to military affairs, so as to change the name of the State Defense Force.
Referred to the Committee on Defense & Veterans Affairs.
HB 528. By Representatives Scarlett of the 174th, Buck of the 135th, DeLoach of the 172nd, Tillman of the 173rd, Day of the 153rd and others: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales of dyed diesel fuel exclusively for use by licensed commercial fishermen.
2/8/99
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 528. This notice is made prior to or upon reading the bill the first time.

/s/ Stephen G. Scarlett Representative 174th District
Referred to the Committee on Ways & Means.
HB 529. By Representatives Buckner of the 95th, Holland of the 157th and Snow of the 2nd: A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to the keeping of certain records of the Department of Public Safety, so as to provide that motor vehicle accident reports shall not be subject to public disclosure for a certain period of time.
Referred to the Committee on Public Safety.
HB 530. By Representatives Holmes of the 53rd, Hudson of the 120th, Scott of the 165th, DeLoach of the 172nd, Watson of the 70th and others: 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 provisions relating to qualifying fees; to clarify the computation of time provision; to provide that persons who hold elective or party office cannot simultaneously serve as an election superintendent.
Referred to the Committee on Governmental Affairs.
HB 531. By Representatives Holmes of the 53rd, Hudson of the 120th, Scott of the 165th, DeLoach of the 172nd, Watson of the 70th and others: 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 the provisions relating to optical scanning voting systems in order to conform the law to the technology in use; to change provisions relating to the number of optical scanning systems needed to change references to ballot cards or labels.
Referred to the Committee on Governmental Affairs.

334

JOURNAL OF THE HOUSE

HB 532. By Representatives Teague of the 58th, Maddox of the 72nd, Epps of the 131st, Dixon of the 168th, Dukes of the 161st and others:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to provide that any person who knows that a crime is being committed and that a victim is exposed to bodily harm shall be required to summon law enforcement officers or other assistance or to provide assistance to the victim.
Referred to the Committee on Special Judiciary.
HB 533. By Representatives Hembree of the 98th and Snelling of the 99th:
A bill 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 change the definition of the term "passenger vehicle" to include pickup trucks, except for those used principally for business or agricultural purposes; to exclude drivers and passengers in certain pickup trucks from the requirements of said Code section.
Referred to the Committee on Motor Vehicles.
HB 534. By Representatives Stuckey of the 67th, Martin of the 47th, Bordeaux of the 151st and Walker of the 141st:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which application for appeal is required for such cases to be appealed to the appellate courts, so as to change the provisions relating to appeals in certain domestic relations cases; to provide that direct appeals to the Supreme Court only may be taken from final judgments in certain enumerated domestic relations cases.
Referred to the Committee on Judiciary.
HB 535. By Representatives Sauder of the 29th, Shanahan of the 10th, Day of the 153rd, Parsons of the 40th, Shipp of the 38th and others: A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to the General Assembly, so as to provide that all environmental legislation shall be accompanied by a fiscal note estimating the cost of the legislation to private industry.
Referred to the Committee on Rules.
HB 536. By Representative Callaway of the 81st:
A bill to amend certain benefits to members of the State Guard; to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide that a member of the State Guard serving on state active duty in certain circumstances is an employee; to provide that an injury arising in the course of employment includes any injury incurred by a member of the State Guard during training.
Referred to the Committee on Industrial Relations.
HB 537. By Representative Felton of the 43rd:
A bill to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to joint county and municipal sales and use taxation, so as to provide in certain counties having a population of 400,000 or more, that in negotiating the distribution certificate of Code Section 48-889.1, the amount of proceeds of the local option sales tax received by certain

TUESDAY, FEBRUARY 9, 1999

335

new qualified municipalities shall not cause the percentage of such proceeds received by all other previously existing municipalities located wholly or partially within the affected county to be reduced.
Referred to the Committee on Ways & Means.
HB 538. By Representatives Williams of the 83rd and Ashe of the 46th: 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 require local boards of education to adopt policies permitting parents or guardians of resident students to select a school of their choice within the school system, subject to certain limitations.
Referred to the Committee on Education.
HB 539. By Representative Twiggs of the 8th: A bill to amend Code Section 3-3-23 of the Official Code of Georgia Annotated, relating to the purchase or possession of alcoholic beverages by persons under 21 years of age and the furnishing of alcoholic beverages to persons under 21 years of age, so as to change a certain exception relating to the authority to furnish alcoholic beverages to persons under 21 years of age when the alcohol is furnished by the parent or guardian of such person.
Referred to the Committee on Regulated Beverages.
HR 260. By Representatives Burkhalter of the 41st, Watson of the 70th, Jamieson of the 22nd and Trense of the 44th: A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may authorize local boards of education to levy and collect development impact fees and use the proceeds to pay for a share of the cost of additional educational facilities.
Referred to the Committee on Education.
HR 261. By Representatives West of the 101st, Stallings of the 100th, Murphy of the 18th and Poag of the 6th: A resolution designating a portion of State Highway 61 between the city limits of Carrollton and Villa Rica as "Captain Robbie Bishop Memorial Highway".
Referred to the Committee on Transportation.
HR 264. By Representatives Hembree of the 98th, Childers of the 13th, Ehrhart of the 36th, Henson of the 65th, Bordeaux of the 151st and others: A resolution urging the Department of Community Affairs to consider amending the State Minimum Standard Building Codes to require that all buildings that are required to have ramps for access for disabled and senior adults also have automatic door openers.
Referred to the Committee on Industry.
HR 265. By Representatives Smith of the 19th, Pinholster of the 15th, Stancil of the 16th, Irvin of the 45th, Connell of the 115th and others: A resolution proclaiming Thunder Road USA -- Georgia Racing Hall of Fame as Georgia's official racing Hall of Fame.
Referred to the Committee on Rules.

336

JOURNAL OF THE HOUSE

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

HB 501 HB 502 HB 503 HB 504 HB 505 HB 506 HB 507 HB 508

HB 509 HB 510 HB 511 HB 512 HB 513 HB 514 HB 515 HR 257

Representative Smyre of the 136th 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 27 Do Pass HR 90 Do Pass HR 255 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman

The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR TUESDAY, FEBRUARY 9, 1999
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 17th Legislative Day as enumerated below:

HB 37 Inmates; victim under 16; prohibit visitation with minor HB 55 Sales tax; urban transit systems; define certain term HB 76 Aviation Hall of Fame; official repository for aviation history HB 241 Excise tax; trails or walkways; change certain date

HR 82 Joint Highway Study Committee; create Bills and Resolutions on this calendar may be called in any order the Speaker desires.

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

TUESDAY, FEBRUARY 9, 1999

337

SB 9. By Senators Dean of the 31st, Hill of the 4th, Johnson of the 2nd and Marable of the 52nd:
A bill to amend Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to the Claims Advisory Board, so as to exclude certain small claims from payment by the Claims Advisory Board and the state department or agency affected.
SB 28. By Senators Gillis of the 20th, Dean of the 31st, 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, so as to amend certain provisions relating to election of plans; to provide for related matters; to provide an effective date.
SB 37. By Senator Madden of the 47th:
A bill to amend Code Section 33-16-14 of the Official Code of Georgia Annotated, relating to limitations on amounts of risk applicable to farmers' mutual fire insurance companies, so as to provide an exception applicable to certain companies issuing policies insuring against loss or damage by fire only.
SB 47. By Senators Gillis of the 20th, Hill of the 4th, Dean of the 31st and others:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to regulation of length and loads of vehicles, so as to provide that the rear extremity of loads of unprocessed forest products shall be marked with an amber strobe warning light and warning flags which meet certain requirements of law; to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of motor vehicles generally, so as to change the provisions relating to light or flag on projecting load.
SB 83. By Senators Hecht of the 34th, Harbison of the 15th, Polak of the 42nd and others:
A bill to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, so as to change provisions relating to when a former prisoner of war may claim an exemption from ad valorem taxation on a motor vehicle; to provide for related matters; to provide for an effective date and applicability.
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate and House:
SR 22. By Senator Hooks of the 14th:
A resolution designating a bridge on State Route 90 in Macon County as the "William S. Robinson Bridge".
SR 31. By Senator Madden of the 47th:
A resolution designating a portion of State Highway 72 as the "Robert L. Williford Memorial Highway".
HR 238. By Representatives Stephens of the 150th, Purcell of the 147th, Jackson of the 148th, Mueller of the 152nd, Day of the 153rd and others:
A resolution honoring the life and work of Joseph P. "Joey" Crawford and expressing regret at his passing.
The Senate has passed, by substitute, by the requisite constitutional majority the following bill of the House:

338

JOURNAL OF THE HOUSE

HB 189. By Representatives Jenkins of the 110th, Smith of the 109th, Twiggs of the 8th and others:
A bill to amend Code Section 16-11-184 of the Official Code of Georgia Annotated, relating to regulatory authority of local political subdivisions over firearms and limitations thereon, so as to reserve to the state the right to bring certain civil actions against firearms manufacturers, trade associations, and dealers.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SB 9. By Senators Dean of the 31st, Hill of the 4th, Johnson of the 2nd and others:
A bill Georgia Annotated, relating to the Claims Advisory Board, so as to exclude certain small claims from payments by the Claims Advisory Board and the state department or agency affected; and for other purposes.
Referred to the Committee on Appropriations.
SB 28. By Senators Gillis of the 20th, Dean of the 31st, 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, so as to amend certain provisions relating to election of plans; to provide for related matters; to provide an effective date.
Referred to the Committee on Insurance.
SB 37. By Senator Madden of the 47th:
A bill to amend Code Section 33-16-14 of the Official Code of Georgia Annotated, relating to limitations on amounts of risk 'applicable to farmers' mutual fire insurance companies, so as to provide an exception applicable to certain companies issuing policies insuring against loss or damage by fire only.
Referred to the Committee on Insurance.
SB 47. By Senators Gillis of the 20th, Hill of the 4th, Dean of the 31st and others:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to regulation of length and loads of vehicles, so as to provide that the rear extremity of loads of unprocessed forest products shall be marked with an amber strobe warning light and warning flags which meet certain requirements of law; to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of motor vehicles generally, so as to change the provisions relating to light or flag on projecting load.
Referred to the Committee on Motor Vehicles.
SB 83. By Senators Hecht of the 34th, Harbison of the 15th, Polak of the 42nd and others: A bill to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, so as to change provisions relating to when a former prisoner of war

TUESDAY, FEBRUARY 9, 1999

339

may claim an exemption from ad valorem taxation on a motor vehicle; to provide for related matters; to provide for an effective date and applicability.
Referred to the Committee on Ways & Means.
SR 22. By Senator Hooks of the 14th: A resolution designating a bridge on State Route 90 in Macon County as the "William S. Robinson Bridge".
Referred to the Committee on Transportation.
SR 31. By Senator Madden of the 47th: A resolution designating a portion of State Highway 72 as the "Robert L. Williford Memorial Highway".
Referred to the Committee on Transportation.

Representative Sanders of the 107th arose to a point of personal privilege and addressed the House.

Representative Turnquest of the 73rd arose to a point of personal privilege and addressed the House.

The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 27. By Representative Hudson of the 156th:
A resolution commending the 1998 Irwin County High School Lady Indians Softball Team and inviting the team and its coaches to appear before the House of Representatives.
HR 90. By Representatives Walker of the 141st, Murphy of the 18th, Reaves of the 178th, Buck of the 135th, Sims of the 167th and others:
A resolution paying tribute to the late Elmore Callaway Thrash and inviting his family to appear before the House of Representatives.
HR 255. By Representative Smith of the 91st:
A resolution commending Honorable Frank Earl Stancil, Sr. and inviting him to appear before this body.

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 241. By Representative Campbell of the 42nd:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to the levy and collection of certain excise taxes, so as to change a provision relating to the use of such tax for the purpose of providing a system of trails or walkways.

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

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

Y Alien Y Anderson Y Ashe

Y Bailey Y Bannister Y Barnard

Y Barnes Y Benefield Y Birdsong

Y Bohannon Y Bordeaux Y Borders

Y Bridges Y Brooks Y Brown

340
Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark E Coan Y Coleman, B
Coleman, T Y Connell Y Cooper
Cox Crawford
Y Cummings Davis, M
Y Davis, T Day Dean
Y DeLoach, B DeLoach, G
Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans

JOURNAL OF THE HOUSE

Y Everett Y Felton Y Floyd
Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Hanner
Y Harbin Y Harrell Y Heard Y Heckstall
Hegstrom
Y Hembree Y Henson Y Holland
Y Holmes Y Houston
Y Howard Y Hudgens Y Hudson, H Y Hudson, N
Hugley
Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Jones

Y Joyce Y Kaye
Y Lane Y Lewis Y Lord
Y Lucas Y Maddox Y Mann Y Manning
Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney
Y Millar E Mills Y Mobley Y Morris Y Mosley Y Mueller
O'Neal Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell

Y Purcell Y Ragas
Randall Y Ray Y Reaves Y Reece Y Reed Y Reese 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 Shipp Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R
Smith, P Y Smith, T

Y Smith, V Y Smyre Y Snelling Y Snow Y Squires
Stallings Y Stancil
Stanley, P
Y Stanley-Turner
Stephens
Y Stokes Y Stuckey
Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson
West Y Westmoreland Y Whitaker
E Wiles
Y Williams, J
Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 152, nays 0.

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

Representative Cox of the 105th 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 55. By Representatives Buck of the 135th, Royal of the 164th and Jamieson of the 22nd:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to change certain provisions regarding the exemption of certain fees and charges of urban transit systems; to provide for an additional exemption with respect to certain fares and charges.

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

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

Y Alien
Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders

Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn
Y Burkhalter Y Byrd Y Callaway
Campbell Y Cash

Y Channell Y Childers
Clark E Coan Y Coleman, B
Coleman, T Y Connell Y Cooper
Cox
Crawford
Y Cummings Y Davis, M

Y Davis, T Day
Dean Y DeLoach, B
DeLoach, G Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans

Y Everett Y Felton
Floyd Y Franklin
Y Golick Y Graves Y Greene Y Grindley
Y Hammontree
Hanner Y Harbin Y Harrell

Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson
Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H
Y Hudson, N Hugley
Y Irvin
Y Jackson, B
Y Jackson, L
Y James Y Jamieson
Jenkins
Y Jennings
Y Jones
Y Joyce
Y Kaye Y Lane

TUESDAY, FEBRUARY 9, 1999

341

Y Lewis Y Lord
Y Lucas
Y Maddox
Y Mann Y Manning
Martin, J Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley Y Mueller O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote
Y Pinholster
Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall
Y Ray
Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice
Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid

Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires
Stallings Y Stancil
Stanley, P Y Stanley-Turner

Stephens Y Stokes Y Stuckey
Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson
West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix 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.

Representatives Martin of the 145th and Cox of the 105th 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 82. By Representatives Smith of the 103rd, Benefield of the 96th, Snow of the 2nd, Parrish of the 144th, Cash of the 108th and others:
A resolution creating the Joint Highway Safety 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:

Alien Y Anderson Y Ashe Y Bailey
Y Bannister Y Barnard Y Barnes Y Benefield
Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges
Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell

Y Childers
Y Clark E Coan Y Coleman, B
Coleman, T Y Connell
Cooper
Cox
Crawford Y Cummings Y Davis, M Y Davis, T
Day Y Dean Y DeLoach, B
DeLoach, G
Dix Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans
Y Everett Y Felton

Y Floyd
Y Franklin Y Golick Y Graves Y Greene Y Grindley
Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree
Henson Y Holland Y Holmes Y Houston Y Howard
Y Hudgens Y Hudson, H Y Hudson, N
Hugley Y Irvin Y Jackson, B

Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas
Maddox Y Mann Y Manning
Martin, J Y Martin, J.L
Y Massey Y McBee Y McCall Y McClinton Y McKinney
Y Millar E Mills Y Mobley

Y Morris Y Mosley Y Mueller
O'Neal Orrock
Y Parham Y Parrish Y Parsons
Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson

342
Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp

JOURNAL OF THE HOUSE

Y Sholar Y Sims
Y Sinkfield Y Skipper Y Smith, B 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 Squires
Stallings
Y Stancil Stanley, P
Y Stanley-Turner
Stephens Y Stokes

Y Stuckey Taylor
Y Teague Y Teper Y Tillman Y Tolbert
Y Trense Y Turnquest
Y Twiggs
Y Unterman Y Walker, L

Y Walker, R.L Y Watson
West Y Westmoreland Y Whitaker Y Wiles
Y Williams, J Y Williams, R
Y Wix
Y Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 155, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 37. By Representative Parham of the 122nd:
A bill to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to provide that any inmate with a current or prior conviction for any offense involving a victim under the age of 16 years shall not be allowed visitation with any person under the age of 18 years unless special visitation is approved by the warden or superintendent of the correctional institution where the inmate is housed.
The following Committee substitute was read and adopted: A BILL
To amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to provide that any inmate with a current or prior conviction for any sexual offense shall not be allowed visitation with any person under the age of 18 years unless such person is the son, daughter, brother, or sister of the inmate; to define a certain term; to provide that if visitation with a minor is restricted by court order, permission for special visitation with the minor may be granted only by the court issuing such order; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, is amended by adding between Code Sections 42-5-55 and 42-5-57 a new Code Section 42-5-56 to read as follows:
"42-5-56.
(a) As used in this Code section, the term 'sexual offense' means a violation of Code Section 16-6-1, 16-6-2, 16-6-5.1, 16-6-22, or 16-6-22.2 when the victim was under 18 years of age at the time of the commission of the offense or a violation of Code Section 16-6-3, 16-6-4, or 16-6-5 when the victim was under 16 years of age at the time of the commission of the offense.
(b) Any inmate with a current or prior conviction for any sexual offense as defined in subsection (a) of this Code section shall not be allowed visitation with any person under the age of 18 years unless such person is the son, daughter, brother, or sister of the inmate. If visitation with a minor is restricted by court order, permission for special visitation with the minor may be granted only by the court issuing such order."

TUESDAY, FEBRUARY 9, 1999

343

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:

Alien Anderson Ashe Bailey Bannister
Barnard
Barnes BeneSeld
Birdsong Bohannon Bordeaux
Borders Bridges Brooks
Brown Buck
Buckner
Bulloch
Bunn
Burkhalter Byrd Callaway Campbell Cash Channell Childers Clark
Coan Coleman, B Coleman, T
Connell Cooper Cox
Crawford Cummings Davis, M

Y Davis, T Day
Y Dean Y DeLoach, B
DeLoach, G
Dix Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin N Harrell Y Heard Heckstall Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Hugley Y Irvin Y Jackson, B Y Jackson, L
Y James Y Jamieson
Jenkins Jennings Jones
Joyce Kaye Lane Lewis
Lord Lucas Maddox Mann Manning Martin, J
Y Martin, J.L Y Massey Y McBee
Y McCall Y McClinton Y McKinney Y Millar E Mills
Y Mobley Y Morris Y Mosley Y Mueller
O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Pelote
Pinholster Poag Ponder Porter Powell Purcell
Ragas Randall Ray Reaves
Reece Reed
Reese Reichert Rice Richardson Roberts
Rogers Royal Sanders Sauder
Scarlett Scheid Scott Shanahan
Shaw Shipp Sholar Sims Sinkfield
Skipper Smith, B Smith, C Smith, C.W Smith, L

Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow
Squires
Stallings
Stancil Stanley, P
Stanley-Turner
Stephens Stokes Stuckey
Taylor Teague
Teper Tillman Tolbert Trense
Turnquest Twiggs Unterman
Walker, L
Walker, R.L Watson West Westmoreland Whitaker Wiles
Williams, J Williams, R Wix Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 156, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 76. By Representatives Walker of the 141st, Bohannon of the 139th, Floyd of the
138th, McBee of the 88th and Ray of the 128th: A bill to amend Subpart 1 of Part 3 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Aviation Hall of Fame, so as to change provisions relating to the function and authority of the hall of fame; to provide that the hall of fame shall be the official state repository for aviation history.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

344

JOURNAL OF THE HOUSE

Y Alien Y Anderson
Y Ashe
Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon
Y Bordeaux Y Borders Y Bridges Y Brooks
Y Brown Y Buck Y Buckner Y Bulloch Y Bunn
Y Burkhalter
Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers
Y Clark
E Coan Y Coleman, B Y Coleman, T
Y Connell Y Cooper Y Cox
Y Crawford Y Cummings Y Davis, M

Y Davis, T
Day Y Dean Y DeLoach, B
DeLoach, G Y Dix
Dixon Y Dodson Y Dukes
Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall
Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Y Lucas Maddox
Y Mann Y Manning
Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller
O'Neal
Y Orrock Y Parham Y Fairish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall
Y Ray Y Reaves Y Reece Y Reed Y Reese 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 Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires Y Stallings Y Stancil
Stanley, P Stanley-Turner Stephens Stokes Stuckey Taylor
Teague Teper Tillman Tolbert Trense
Turnquest Twiggs Unterman Walker, L Walker, R.L
Watson West Westmoreland Whitaker Wiles Williams, J
Williams, R Wix Yates Murphy, Spkr

On the passage of the Bill, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 189. By Representatives Jenkins of the 110th, Smith of the 109th, Twiggs of the
8th, Walker of the 141st, Day of the 153rd and others: A bill to amend Code Section 16-11-184 of the Official Code of Georgia Annotated, relating to regulatory authority of local political subdivisions over firearms and limitations thereon, so as to reserve to the state the right to bring certain civil actions against firearms manufacturers, trade associations, and dealers.
The following Senate substitute was read: A BILL
To amend Code Section 16-11-184 of the Official Code of Georgia Annotated, relating to regulatory authority of local political subdivisions over firearms and limitations thereon, so as to reserve to the state the right to bring certain civil actions against firearms or ammunition manufacturers, trade associations, and dealers; to provide legislative declarations; to provide for legislative intent; to provide for applicability; 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 16-11-184 of the Official Code of Georgia Annotated, relating to regulatory authority of local political subdivisions over firearms and limitations thereon, is amended by striking subsections (a) and (b) and inserting in lieu thereof the following:

"(a)(l) It is declared by the General Assembly that the regulation of firearms is properly an issue of general, state-wide concern.

(2) The General Assembly further declares that the lawful design, marketing, manufacture, or sale of firearms or ammunition to the public is not unreasonably dangerous activity and does not constitute a nuisance per se.

(b)(l) No county or municipal corporation, by zoning or by ordinance, resolution, or other enactment, shall regulate in any manner gun shows, the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms, components of firearms, firearms dealers, or dealers in firearms components.

(2) The authority to bring suit and right to recover against any firearms or ammunition manufacturer, trade association, or dealer by or on behalf of any governmental unit created by or pursuant to an Act of the General Assembly or the Constitution, or any department, agency, or authority thereof, for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of firearms or ammunition to the public shall be reserved exclusively to the state. This paragraph shall not prohibit a political subdivision or local government authority from bringing an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision or local government authority."

SECTION 2.
The General Assembly intends that paragraph (2) of subsection (a) of Code Section 1611-184 as enacted by this Act shall embrace the rule of law in Division 1 of Rhodes v. R. G. Industries, Inc., 173 Ga. App. 51 (1984).

SECTION 3.
This Act shall apply to any action pending on or brought on or after the date this Act becomes effective.

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 Jenkins of the 110th moved that the House agree to the Senate substitute to HB 189.

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

N Alien N Anderson Y Ashe Y Bailey Y Bannister

Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon

N Bordeaux Y Borders Y Bridges N Brooks Y Brown

Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter

Y Byrd Y Callaway Y Campbell Y Cash Y Channell

346
Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T
Day N Dean Y DeLoach, B
DeLoach, G Y Dix
Dixon Y Dodson
Dukes Y Ehrhart Y Epps Y Evans Y Everett
Felton Y Floyd Y Franklin
Y Golick Y Graves Y Greene Y Grindley

JOURNAL OF THE HOUSE

Y Hammontree Y Hanner Y Harbin Y Harrell
N Heard Heckstall
N Hegstrom Y Hembree Y Henson Y Holland
N Holmes Y Houston Y Howard
Y Hudgens Y Hudson, H Y Hudson, N N Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas

Maddox Y Mann Y Manning N Martin, J Y Martin, J.L Y Massey Y McBee Y McCall
McClinton Y McKinney
Y Millar
Y Mills N Mobley Y Morris Y Mosley Y Mueller Y OTSTeal N Orrock Y Parham Y Parrish Y Parsons N Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell N Ragas
Randall Y Ray

Y Reaves Y Reece N Reed
Reese Y Reichert Y Rice Y Richardson
Roberts
Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims N Sinkfield Y Skipper
Y Smith, B
Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P
Y Smith, T Y Smith, V N Smyre

On the motion, the ayes were 142, nays 24. The motion prevailed.

Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P N Stanley-Turner
Stephens
Y Stokes N Stuckey N Taylor N Teague N Teper Y Tillman Y Tolbert Y Trense N Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L N Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R
Y Wix
Y Yates Murphy, Spkr

Representative Jamieson of the 22nd District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 306 Do Pass HB 510 Do Pass, by Substitute
Respectfully submitted, /s/ Jamieson of the 22nd
Chairman

Representative Lane of the 146th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

TUESDAY, FEBRUARY 9, 1999

347

HB 183 Do Pass, by Substitute HB 233 Do Pass

Respectfully submitted, /s/ Lane of the 146th
Chairman

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

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 445 Do Pass
Respectfully submitted, /s/ Holmes of the 53rd
Chairman

Representative Henson of the 65th District, Vice-Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 93 Do Pass, as Amended HB 159 Do Pass, by Substitute
Respectfully submitted, /s/ Henson of the 65th
Vice-Chairman
Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 182 Do Pass, by Substitute HB 218 Do Pass, by Substitute SB 1 Do Pass
Respectfully submitted, /s/ Martin of the 47th
Chairman

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Representative Parham of the 122nd District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

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

HB 115 Do Pass HB 356 Do Pass, by Substitute

HB 439 Do Pass HB 444 Do Pass

Respectfully submitted, /a/ Parham of the 122nd
Chairman

Representative Smyre of the 136th 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 197 Do Pass HR 252 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman

Representative Randall of the 127th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

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

HB 249 Do Pass HB 352 Do Pass, by Substitute

HB 408 Do Pass HB 500 Do Pass

Respectfully submitted, /s/ Randall of the 127th
Chairman

The Speaker announced the House in recess subject to the call of the Chair. The House will convene at 10:00 o'clock the next legislative day.

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349

Representative Hall, Atlanta, Georgia Wednesday, February 10, 1999

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

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

Anderson Ashe Bannister Barnard Barnes Benefield Birdsong
Bohannon
Borders
Bridges
Brooks
Brown Buck Buckner Bulloch Bunn
Burkhalter
Byrd Callaway Campbell Cash Channell
Childers Clark Coleman, B
Coleman, T
Connell Cooper Cox Crawford

Cummings Davis, M
Davis, T Day DeLoach, B
DeLoach, G Dodson Ehrhart Evans Everett Felton Floyd Franklin Golick
Graves Hammontree Harbin Harrell Heard Heckstall
Hegstrom Hembree E Henson Holland
Houston Hudgens Hudson, H Hudson, N Hugley Irvin

Jackson, B Jackson, L James
Jamieson Jennings Joyce
Kaye Lane
Lewis Lord Lucas Mann Manning Martin, J.L McBee McCall McClinton
McKinney Millar Mills Mobley
Morris Mosley Mueller OTSIeal Parham
Parrish Parsons E Pelote Pinholster

Poag Porter Powell Purcell Randall
Ray Reaves
Reece Reed Reese Richardson
Roberts
Rogers Royal Sanders Sauder Scarlett
Scheid
Scott Shanahan
Shipp Sholar Sims Skipper
Smith, B Smith, C Smith, C.W
Smith, L Smith, L.R
Smith, P

Smith, T
Smith, V Squires Stallings Stancil Stanley, P
Stanley-Turner Stephens
Stokes Stuckey Taylor Teague Teper Tillman
Tolbert Trense Turnquest Twiggs Unterman
Walker, L Walker, R.L Watson West
Westmoreland Whitaker Wiles Williams, R Wix
Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Rice of the 79th, Ragas of the 64th, Hanner of the 159th, Epps of the 131st, Bordeaux of the 151st, Coan of the 82nd, Massey of the 86th, Dukes of the 161st, Ponder of the 160th, Sinkfield of the 57th, Greene of the 158th, Dean of the 48th, Snelling of the 99th, Maddox of the 72nd, Orrock of the 56th, Jones of the 71st, Reichert of the 126th, Dixon of the 168th, Shaw of the 176th, Bailey of the 93rd, Williams of the 83rd, Jenkins of the 110th and Dix of the 76th.
They wish to be recorded as present.
Prayer was offered by Dr. Kenneth Ross, Pastor, Second Avenue Baptist Church, Rome, Georgia.
The members pledged allegiance to the flag.
Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.

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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 540. By Representatives Greene of the 158th and Barnard of the 154th:
A bill to amend Code Section 42-5-51 of the Official Code of Georgia Annotated, relating to jurisdiction of the Department of Corrections over certain offenders, designation of the place of confinement, reimbursement of counties, and transfer of inmates to federal authority, so as to change the provisions relating to the reimbursement of counties by the Department of Corrections.
Referred to the Committee on State Institutions & Property.
HB 541. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th: A bill to amend Code Section 2-8-54 of the Official Code of Georgia Annotated, relating to the powers and authority of the Agricultural Commodity Commission for Peanuts, so as to specifically authorize the commission to acquire, lease as lessee, purchase, hold, own, and use any franchise or real or personal property, whether tangible or intangible, or any interest therein.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 542. By Representatives Heard of the 89th, Hugley of the 133rd, Taylor of the 134th, McBee of the 88th, Brooks of the 54th and others: A bill to amend Code Section 10-5B-4 of the Official Code of Georgia Annotated, relating to required and prohibited telephone conduct and activities with respect to telemarketing, so as to make it unlawful for certain persons who make telephone offers to sell or telephone sales in this state to fail to state clearly the name and telephone number of the business initiating the call within the first 25 seconds of the call and at the conclusion of the call.
Referred to the Committee on Industry.
HB 543. By Representatives Shanahan of the 10th and Cummings of the 27th: A bill to amend Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Judicial Retirement System, so as to provide

WEDNESDAY, FEBRUARY 10, 1999

351

for the transfer of contributions from the Employees' Retirement System of Georgia to the Georgia Judicial Retirement System.
Referred to the Committee on Retirement.
HB 544. By Representative Hudgens of the 24th: A bill to amend an Act providing a new charter for the City of Danielsville, so as to change provisions relating to the organizational meeting of the mayor and council; to correct and change certain numerical references in the Act; to revise and restate the term of the mayor.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 545. By Representatives Harbin of the 113th, Heard of the 89th, Shaw of the 176th, Bannister of the 77th and Golick of the 30th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to delete certain countersigning requirements and references; to provide that countersignatures shall be required only in retaliation against similar requirements imposed by other states.
Referred to the Committee on Insurance.
HB 546. By Representatives Heard of the 89th, Hugley of the 133rd, Shaw of the 176th, DeLoach of the 172nd, Golick of the 30th and others: A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to the keeping of records of applications for licenses and information on licenses, so as to provide that drivers' operating records and personal information shall be accessible electronically or through the GeorgiaNet Authority to insurers or their agents.
Referred to the Committee on Motor Vehicles.
HB 547. By Representatives Manning of the 32nd, Wiles of the 34th, Sauder of the 29th, Cooper of the 31st, Shipp of the 38th and others: A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 548. By Representatives Greene of the 158th, Ponder of the 160th, Hanner of the 159th, Reaves of the 178th and Jenkins of the 110th: 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 compensation for service as magistrate or chief magistrate for probate judges.
Referred to the Committee on State Planning & Community Affairs.
HB 549. By Representatives Teague of the 58th, Maddox of the 72nd, McKinney of the 51st, Brooks of the 54th, Stanley of the 50th and others: A bill to amend Chapter 4 of Title 34 of the Official Code of Georgia Annotated, relating to the minimum wage law, so as to change the minimum wage; to provide for a gradual increase in the minimum wage; to provide for an adjusted minimum wage rate to be calculated by the Department of Labor annually beginning March 30, 2001.
Referred to the Committee on Industrial Relations.

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HB 550. By Representatives Purcell of the 147th, Jamieson of the 22nd and Greene of the 158th: A bill to amend Code Section 20-2-150 of the Official Code of Georgia Annotated, relating to eligibility for enrollment in the public schools, so as to provide that persons who have reached their eighteenth birthday by September 1 shall not be eligible for enrollment.
Referred to the Committee on Education.
HB 551. By Representative Kaye of the 37th: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption from state sales and use tax with respect to the sale of blood measuring devices or other monitoring equipment used exclusively by diabetics.
2/10/99
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 551. This notice is made prior to or upon reading the bill the first time.

/s/ Kaye Representative 37th District
Referred to the Committee on Ways & Means.
HB 552. By Representatives Davis of the 60th, Martin of the 47th, Walker of the 141st and Campbell of the 42nd: A bill to amend Code Section 15-7-21 of the Official Code of Georgia Annotated, relating to qualifications for the office of judge of state court, so as to change the experience requirement for such office.
Referred to the Committee on Judiciary.
HB 553. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st, Day of the 153rd, Royal of the 164th and others: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for homeowner tax relief grants to counties and local school districts.
February 9, 1999
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 553. This notice is made prior to or upon reading the bill the first time.

/s/ Charlie Smith, Jr. Representative 175th District
Referred to the Committee on Ways & Means.

WEDNESDAY, FEBRUARY 10, 1999

353

HB 554. By Representatives Whitaker of the 7th and Poag of the 6th: A bill to provide a homestead exemption from Fannin County School District ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $20,000.00 and who are 62 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 555. By Representative Birdsong of the 123rd: A bill to amend an Act creating a Board of Commissioners of Twiggs County, so as to change provisions relating to the compensation and expenses of the members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 556. By Representatives Smith of the 103rd and Jamieson of the 22nd: A bill to amend Code Section 48-7-86 of the Official Code of Georgia Annotated, relating to penalty for failure to pay or for underpayment of income taxes, so as to provide for relief from joint and several liability on joint returns for innocent spouses.
2/9/99
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 556. This notice is made prior to or upon reading the bill the first time.

/s/ Lynn R. Smith Representative 103rd District
Referred to the Committee on Ways & Means.
HB 557. By Representatives Burkhalter of the 41st, Stuckey of the 67th and Coleman of the 142nd: A bill to amend Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest and plant resources, so as to provide for legislative intent; to establish a state tree protection law and provide for its standards and applicability.
Referred to the Committee on Natural Resources & Environment.
HB 558. By Representatives Smith of the 103rd, Westmoreland of the 104th, Brown of the 130th and Yates of the 106th: A bill to amend Code Section 48-13-51, relating to the levy and collection of certain excise taxes, so as to provide authorization with certain conditions for certain counties and municipalities to levy such tax.
Referred to the Committee on Ways & Means.
HB 559. By Representatives Smith of the 103rd, Westmoreland of the 104th, Brown of the 130th and Yates of the 106th: A bill to create the Newnan Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a

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public corporation to have the responsibility and authority to promote tourism, conventions, and trade shows in Newnan.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 560. By Representatives Stokes of the 92nd, Martin of the 47th and Stuckey of the 67th: A bill to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged medical information, so as to provide for legislative intent; to define certain terms; to limit the discovery and admissibility of raw data used in research in civil, criminal, and administrative proceedings.
Referred to the Committee on Judiciary.
HB 561. By Representative Byrd of the 170th: A bill to amend Article 1 of Chapter 7 of Title 34 of the Official Code of Georgia Annotated, relating to master and servant generally, so as to provide a definition; to provide for professional employer organizations and their relationships with coemployers and employees.
Referred to the Committee on Human Relations & Aging.
HB 562. By Representatives Powell of the 23rd, Parrish of the 144th, Cash of the 108th, Epps of the 131st, Floyd of the 138th and others: A bill to amend Chapter 6 of Title 13 of the Official Code of Georgia Annotated, relating to damages and costs generally in connection with contracts, so as to change the provisions relating to damages for writing bad checks; to provide that damages shall include any fees charged to the holder of the instrument by a bank or financial institution as a result of the instrument not being honored.
Referred to the Committee on Banks & Banking.
HR 266. By Representatives Millar of the 59th, Coleman of the 142nd, Ehrhart of the 36th, Hanner of the 159th and Ashe of the 46th: A resolution acknowledging the successful efforts of the Georgia Forestry Commission in satisfying the demand for hardwood seedlings for reforestation of damaged areas and urging the communities of Georgia to continue to reforest damaged lands and encouraging the Georgia Forestry Commission to continue benefitting Georgia communities by meeting future demand for hardwood seedlings when natural disasters occur.
Referred to the Committee on Natural Resources & Environment.
HR 267. By Representative Whitaker of the 7th: A resolution designating the intersection of Georgia Highway 52 and Long Branch Road in Lumpkin County as the Jean Anderson Intersection.
Referred to the Committee on Transportation.
HR 268. By Representatives Davis of the 60th, Martin of the 47th, Walker of the 141st and Campbell of the 42nd: A resolution proposing an amendment to the Constitution so as to change the experience requirement for eligibility for the office of state court judge.
Referred to the Committee on Judiciary.

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355

HR 269. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st, Royal of the 164th, Buck of the 135th and others: A resolution proposing an amendment to the Constitution so as to provide for a homeowner's incentive adjustment for the purpose of providing ad valorem property tax relief; to provide for calculation of adjustment amounts; to authorize the General Assembly to provide by general law for procedures and conditions.
Feb. 9, 1999
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Resolution 269. This notice is made prior to or upon reading the resolution the first time.
lal Charlie Smith, Jr. Representative 175th District
Referred to the Committee on Ways & Means.

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

HB 516 HB 517 HB 518 HB 519 HB 520 HB 521 HB 522 HB 523 HB 524 HB 525 HB 526 HB 527 HB 528 HB 529 HB 530 HB 531 HB 532 HB 533

HB 534 HB 535 HB 536 HB 537 HB 538 HB 539 HR 260 HR 261 HR 264 HR 265 SB 9 SB 28 SB 37 SB 47 SB 83 SR 22 SR 31

Pursuant to Rule 52, Representative Scarlett of the 174th moved that the following Bill of the House be engrossed:
HB 528. By Representatives Scarlett of the 174th, Buck of the 135th, DeLoach of the 172nd, Tillman of the 173rd, Day of the 153rd and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales of dyed diesel fuel exclusively for use by licensed commercial fishermen.

The motion prevailed.

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Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 155 Do Pass HB 224 Do Pass, by Substitute HB 417 Do Pass, by Substitute
Respectfully submitted, /a/ Martin of the 47th
Chairman

Representative Lucas of the 124th District, Chairman of the Committee on State Institutions & Property, submitted the following report:

Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 169 Do Pass, by Substitute HR 204 Do Pass SR 45 Do Pass
Respectfully submitted, Isl Lucas of the 124th
Chairman

Representative Benefield of the 96th District, Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:

Your Committee on Transportation has had under consideration the following Bill and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HB 361 Do Pass HR 165 Do Pass, as Amended HR 166 Do Pass HR 195 Do Pass

HR 208 Do Pass HR 209 Do Pass HR 214 Do Pass

Respectfully submitted, lal Benefield of the 96th
Chairman

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

WEDNESDAY, FEBRUARY 10, 1999

357

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 10, 1999 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 18th Legislative Day as enumerated below:
HB 36 Property tax; in rem foreclosures; superior court orders HB 210 Motor veh sales; cash sale price; cert financial trans; amend prov HB 331 Ticket sales; certain athletic and entertainment events HB 337 Criminal bond sureties; increase compensation amount (Rec)
HR 121 Regional development center boundaries; ratify alteration HR 162 Major General Thomas Wayne Robison Memorial Highway; designate Bills and Resolutions on this calendar may be called in any order the Speaker desires.

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 has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 17. By Senators Burton of the 5th and Ladd of the 41st:
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 revenue of such fund.
SB 30. By Senators James of the 35th and Butler of the 55th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the regulation of public swimming pools; to provide for legislative purpose; to provide a definition; to provide for annual permits; to provide for permit fees; to provide for rules and regulations to be adopted by the Department of Human Resources related to regulation of the design, operation, and maintenance of public swimming pools.
SB 56. By Senators Thomas of the 10th, James of the 35th, Tate of the 38th and others:
A bill to amend an Act re-creating a system of state courts of limited jurisdiction for each city of this state having a population of 300,000 or more so as to give to such courts jurisdiction to try offenses against traffic laws, so as to grant each such court venue coextensive with the territorial limits of the city in which it is located relating to certain traffic offenses.
SB 66. By Senators Walker of the 22nd, Dean of the 31st, Tate of the 38th and others:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance generally, so as to provide for definitions; to provide that certain insurers, nonprofit health care plans, health maintenance organizations, and other related benefit providers shall be required to provide coverage for general anesthesia and associated

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hospital or ambulatory surgical facility charges in conjunction with dental care under certain circumstances.
HB 360. By Representatives Williams of the 114th, DeLoach of the 119th and Connell of the 115th:
A bill to amend an Act creating the Civil Court of Richmond County, so as to provide for the personnel of said court; to provide for the salary of the marshal of such court; to change from appointment to election of the marshal.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 17. By Senators Burton of the 5th and Ladd of the 41st:
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 revenue of such fund.
Referred to the Committee on State Institutions & Property.
SB 30. By Senators James of the 35th and Butler of the 55th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the regulation of public swimming pools; to provide for legislative purpose; to provide a definition; to provide for annual permits; to provide for permit fees; to provide for rules and regulations to be adopted by the Department of Human Resources related to regulation of the design, operation, and maintenance of public swimming pools.
Referred to the Committee on Industry.
SB 56. By Senators Thomas of the 10th, James of the 35th, Tate of the 38th and others:
A bill to amend an Act re-creating a system of state courts of limited jurisdiction for each city of this state having a population of 300,000 or more so as to give to such courts jurisdiction to try offenses against traffic laws, so as to grant each such court venue coextensive with the territorial limits of the city in which it is located relating to certain traffic offenses.
Referred to the Committee on State Planning & Community Affairs.
SB 66. By Senators Walker of the 22nd, Stokes of the 43rd, Dean of the 31st and others:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance generally, so as to provide for definitions; to provide that certain insurers, nonprofit health care plans, health maintenance organizations, and other related benefit providers shall be required to provide coverage for general anesthesia and associated hospital or ambulatory surgical facility charges in conjunction with dental care under certain circumstances.
Referred to the Committee on Insurance.

Representative Sanders of the 107th arose to a point of personal privilege and addressed the House.

WEDNESDAY, FEBRUAEY 10, 1999

359

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

The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 197. By Representatives Barnes of the 97th, Benefield of the 96th, Dodson of the 94th, Buckner of the 95th and Bailey of the 93rd:
A resolution commending Suzette Walston as the 1999 Clayton County Teacher of the Year and inviting her to appear before the House of Representatives.
HR 252. By Representatives Turnquest of the 73rd, Epps of the 131st and McClinton of the 68th:
A resolution recognizing and commending Morehouse College and inviting President Walter E. Massey 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 House were taken up for consideration and read the third time:
HR 121. By Representative Parrish of the 144th:
A resolution ratifying the alteration of regional development center boundaries established by the Board of Community Affairs.

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

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

Alien Anderson
Ashe Bailey Bannister Barnard
Barnes Benefield Birdsong Bohannon Bordeaux Borders Bridges Brooks Brown Buck Buckner Bulloch Bunn
Burkhalter Byrd Callaway
Campbell
Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell
Cooper
Cox Crawford Cummings Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves
Greene
Grindley Hammontree
Hanner
Harbin
Harrell Heard Heckstall
Hegstrom
Hembree Henson Holland
Holmes
Houston Howard Hudgens Hudson, H
Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Jones Y Joyce Y Kaye
Lane Y Lewis Y Lord Y Lucas
Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y CWeal Y Orrock Y Parham Y Parrish Y Parsons

E Pelote
Y Pinholster
Y Poag Y Ponder
Y Porter
Y Powell
Y Purcell Y Ragas
Randall Ray
Y Reaves Y Reece Y Reed Y Reese
Y Heichert 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 Shipp Y Sholar
Sims
Y Sinkfield Y Skipper
Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Smith, L.R Smith, P Smith, T Smith, V
Smyre Snelling Snow Squires Stallings Stancil
Stanley, P Stanley-Turner Stephens
Stokes Stuckey Taylor Teague
Teper Tillman Tolbert
Trense Turnquest Twiggs Unterman Walker, L Walker, R.L
Watson West Westmoreland Whitaker
Wiles Williams, J Williams, R
Wix Yates Murphy, Spkr

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JOURNAL OF THE HOUSE

On the adoption of the Resolution, the ayes were 164, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
HB 210. By Representatives Walker of the 141st, Parrish of the 144th, Floyd of the 138th, Stephens of the 150th and Benefield of the 96th:
A bill to amend Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle sales financing, so as to provide that certain amounts will be included within the definition of "cash sale price" and may be financed; to provide that Chapter 3 of Title 7 of the Official Code of Georgia Annotated, relating to industrial loans, and Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury, shall not apply to retail installment transactions.

The following amendment was read and adopted:

The Committee on Banks and Banking moves to amend HB 210 by striking from lines 10 and 11 on page 4 the following:

The transaction", and by inserting in lieu thereof the following:

"Such advance".

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield
Birdsong Y Bohannon
Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell
Heard Y Heckstall Y Hegstrom Y Hembree

Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey
McBee Y McCall Y McClinton

McKinney Millar Mills Mobley Morris Mosley Mueller CWeal Orrock Parham Parrish Parsons Pelote Pinholster Poag Ponder Porter Powell Purcell Ragas Randall Ray Reaves Reece Reed Reese Rei chert Rice Richardson Roberts Rogers Royal

Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R
Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turne: Y Stephens Y Stokes Y Stuckey Y Taylor

Y Teague
Y Teper Y Tillman Y Tolbert

WEDNESDAY, FEBRUARY 10, 1999

Y Trense Turnquest
Y Twiggs Y Unterman

Walker, L Walker, R.L Watson West

Westmoreland Whitaker Wiles Williams, J

361
Williams, R Wix Yates Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 168, nays 0.

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

Representative 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.

Representative Walker of the 141st assumed the Chair.
HB 36. By Representatives Royal of the 164th and Buck of the 135th:
A bill to amend Code Section 48-4-79 of the Official Code of Georgia Annotated, relating to judicial hearings on certain in rem tax foreclosures, so as to change certain provisions regarding the contents of the order of a superior court in connection with such a foreclosure.

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

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

Y Alien
Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield
Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett
Y Felton Y Floyd Y Franklin Y Golick
Y Graves Y Greene Y Grindley Y Hammontree
Y Hanner Y Harbin Y Harrell Y Heard
Y Heckstall Y Hegstrom Y Hembree Y Henson
Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L
Y James Y Jamieson Y Jenkins Y Jennings
Y Jones Y Joyce Y Kaye Y Lane Y Lewis
Y Lord Lucas
Y Maddox Y Mann
Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee
Y McCall Y McClinton Y McKinney Y Millar
Y Mills Y Mobley Y Morris
Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham
Y Parrish Y Parsons

E Pelote
Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray
Reaves Y Reece Y Reed Y Reese
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 Shipp Y Sholar Y Sims
Y Sinkfield
Y Skipper Y Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense
Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland
Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 170, nays 0.

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JOURNAL OF THE HOUSE

The Bill, having received the requisite constitutional majority, was passed.
HB 331. By Representatives Powell of the 23rd, McCall of the 90th, Parham of the 122nd, Ehrhart of the 36th, Lucas of the 124th and others:
A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to change the provisions relating to the sale of tickets to athletic contests and entertainment events; to define certain terms; to restrict the sale of tickets to athletic contests and entertainment events at a price in excess of the price printed on the ticket.
The following Committee substitute was read:
A BILL
To amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to change the provisions relating to the sale of tickets to athletic contests and entertainment events; to define certain terms; to restrict the sale of tickets to athletic contests and entertainment events at a price in excess of the price printed on the ticket; to provide an exception with respect to a ticket broker who meets certain qualifications and certain persons who are the purchasers of tickets to an athletic contest or entertainment event; to authorize certain service charges on the sale of tickets to athletic contests or entertainment events; to require advertising of events to include certain information relating to service charges; to provide requirements for ticket brokers; to prohibit certain conduct by ticket brokers; to provide that no laws shall prohibit certain casual resales of tickets; to provide that charitable organizations and their employees and volunteers shall not be subject to ticket scalping laws under certain circumstances; to provide for enforcement; 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 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, is amended by striking Code Section 10-1-310, relating to the prohibition against scalping tickets for certain athletic contests or entertainment events, and inserting in lieu thereof a new Code Section 10-1-310 to read as follows:
"10-1-310.

(a) As used in this article, the term:
(1) 'Administrator' means the administrator appointed pursuant to subsection (a) of Code Section 10-1-395 or the administrator's delegate.
(2) 'Charitable organization' means any benevolent, philanthropic, religious, or eleemosynary organization which is exempt from taxation under federal and Georgia law.
(3) 'Charitable purposes' means purposes which further the mission of the charitahbllpe oorgganizzaattiioonn
(4) 'Ticket broker' means any person who is involved in the business of reselling tickets of admission to athletic contests, concerts, theater performances, or other entertainments, amusements, or exhibitions to which the general public is admitted and who charges a premium in excess of the price of the ticket. The term ticket broker shall not include the owner, operator, lessee, or tenant of the property in which an athletic contest or entertainment event is being held or the sponsor of such a contest or event or the authorized ticketing agent of such persons.

WEDNESDAY, FEBRUARY 10, 1999

363

(b) Except as provided in paragraphs (1) and (2) of subsection (g) of this Code section, it shall be unlawful for any person other than a ticket broker to resell or offer for resale any ticket of admission or other evidence of the right of entry to any athletic contests, concerts, theater performances, or other entertainments, amusements, or exhibitions to which the general public is admitted for a price in excess of the price printed on the ticket. Notwithstanding any other provision of this article to the contrary, a service charge not to exceed $3.00 may be charged when tickets or other evidences of the right of entry are sold by an authorized ticket agent through places of established business licensed to do business by the municipality or county, where applicable, in which such places of business are located. Notwithstanding any other provisions of this article to the contrary, the owner, operator, lessee, or tenant of the property on which such athletic contest or entertainment event is to be held or is being held or the sponsor of such contest or event may charge or may authorize, in writing, any person to charge a service charge for the sale of such ticket, privilege, or license of admission in addition to the price printed on the ticket. Such writing granting authority to another shall specify the amount of the service charge to be charged for the sale of each ticket, privilege, or license of admission.
(c) Any advertisement, announcement, or poster for any contest or event covered by this Code section which includes the price of admission shall specify the amount of the service charge to be charged for the sale or reselling of each ticket, privilege, or license of admission and such advertisement shall be clearly and conspicuously stated.
(d) In order to engage in the practice or business of a ticket broker a person shall be required to:
(1) Maintain a permanent office or place of business, excluding a post office box, for the purpose of engaging in the business of a ticket broker;
(2) Obtain any business license required by a local government; and
(3) Provide satisfactory evidence to the administrator that the ticket broker has posted or has made provision for the posting of a bond. The required bond shall be executed in favor of the state, in the amount of $150,000.00, with a surety company authorized to do business in this state and conditioned to pay damages not to exceed the amount of such bond to any person aggrieved by any act of the principal named in such bond, which act is in violation of this Code section.
(e) The ticket broker shall be required to:
(1) Post at its established place of business the purchaser's right to cancel the purchase of a ticket from a ticket broker;
(2) Disclose to the purchaser the refund policy of the ticket broker should an athletic contest or entertainment event be canceled; and
(3) Disclose to the purchaser in writing the difference between the price printed on the ticket and the amount which the ticket broker is charging for such ticket.
(f)(l) A ticket broker shall be prohibited from employing any agents or employees for the purpose of making future purchases of tickets from the owner, operator, lessee, or tenant of the property on which an athletic contest or entertainment event is to be held.
(2) Unless a ticket broker has a written contract with the owner, operator, lessee, or tenant of the property on which an athletic contest or entertainment event is to be held, which contract authorizes the ticket broker to resell more than 1 percent of

364

JOURNAL OF THE HOUSE

the tickets allocated for such event, the ticket broker, including any affiliated group of ticket brokers, shall be prohibited from acquiring and reselling in excess of 1 percent of the total tickets allocated for the contest or event.
(3) A ticket broker shall be required to refund any payment received for the purchase of a ticket under this article if the purchaser returns the ticket and requests a cancellation of the sale thereof within 36 hours from the time of purchase of the ticket and if such return is made more than 72 hours preceding the athletic contest or entertainment event.
(4) A ticket broker shall be required to refund any payment received for the purchase of a ticket under this article if the athletic contest or entertainment event is canceled and not rescheduled.
(5) If a ticket broker guarantees in writing delivery of a ticket or tickets to an athletic contest or entertainment event as provided under this article to a purchaser and fails to complete such delivery, the ticket broker shall be required to provide within 15 days a full refund of any amount paid by the purchaser and, in addition, shall pay the purchaser a refund fee of three times the amount paid by the purchaser for each such ticket.
(g)(l) No provision of this article or any other provision of law shall prohibit any person who is the original purchaser for personal use of tickets to an athletic contest or entertainment event covered under subsection (b) of this Code section from reselling or offering for resale any of such tickets for any price, provided that such person does not sell or offer to sell more than four such tickets on the property where the athletic contest or entertainment event is being held.
(2) Charitable organizations and their employees and volunteers shall not be subject to the provisions of this Code section when offering for sale any tickets of admission to the highest bidder in a raffle, auction, or similar fundraising activity for the benefit of the organization's charitable purposes.
(h) In addition to criminal prosecutions under Code Section 10-1-311, the provisions of this article shall be enforced by the administrator. The administrator shall be authorized to exercise all powers and to impose civil penalties as provided in Code Section 10-1-397 in enforcing 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.
SECTION 3. 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 331 as follows: On page 4, line 37, delete the words "more than four".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

WEDNESDAY, FEBRUARY 10, 1999

365

N Alien N Anderson N Ashe N Bailey Y Bannister Y Barnard N Barnes N Benefield N Birdsong N Bohannon
Y Bordeaux
N Borders N Bridges N Brooks Y Brown N Buck
Buckner N Bulloch Y Bunn N Burkhalter N Byrd Y Callaway N Campbell N Cash N Channel! N Childers N Clark N Coan N Coleman, B
Coleman, T
N Connell N Cooper Y Cox N Crawford N Cummings Y Davis, M

N Davis, T Y Day Y Dean N DeLoach, B N DeLoach, G N Dix N Dixon N Dodson N Dukes N Ehrhart N Epps N Evans N Everett N Felton N Floyd N Franklin N Golick Y Graves N Greene N Grindley N Hammontree
N Hanner Y Harbin N Harrell N Heard N Heckstall N Hegstrom N Hembree N Henson N Holland N Holmes N Houston N Howard N Hudgens N Hudson, H N Hudson, N

N Hugley N Irvin N Jackson, B N Jackson, L
N James N Jamieson N Jenkins N Jennings N Jones N Joyce
N Kaye N Lane N Lewis N Lord N Lucas N Maddox N Mann N Manning N Martin, J N Martin, J.L N Massey N McBee N McCall N McClinton
McKinney N Millar N Mills N Mobley N Morris N Mosley
Y Mueller
N OTSIeal N Orrock
N Parham N Parrish N Parsons

E Pelote Y Pinholster Y Poag N Ponder N Porter N Powell N Purcell N Ragas N Randall N Ray N Reaves N Reece N Reed N Reese
N Reichert N Rice Y Richardson N Roberts N Rogers N Royal Y Sanders Y Sauder N Scarlett Y Scheid Y Scott N Shanahan N Shaw
Y Shipp N Sholar N Sims
Sinkfield N Skipper N Smith, B
Smith, C N Smith, C.W N Smith, L

Y Smith, L.R N Smith, P
N Smith, T N Smith, V
Smyre N Snelling N Snow
N Squires N Stallings N Stancil N Stanley, P N Stanley-Turner Y Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Tolbert N Trense
Turnquest N Twiggs N Unterman
Walker, L
N Walker, R.L N Watson N West N Westmoreland
N Whitaker N Wiles N Williams, J Y Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 25, nays 145. The amendment was lost. The following amendment was read and adopted:

Representative Stokes of the 92nd moves to amend the Committee substitute to HB 331 as follows:
Page 3 line 12 subsection (1) shall read:

(1) Maintain a permanent office or place of business for the purpose of engaging in the business of a ticket broker; said requirement shall not be satisfied by the holding of a post office box;.

The Committee substitute, as amended, was adopted.

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

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

Y Alien Y Anderson Y Ashe Y Bailey

Y Bannister
N Barnard Y Barnes Y Benefield

Y Birdsong
Y Bohannon N Bordeaux Y Borders

Y Bridges Y Brooks Y Brown Y Buck

Y Buckner
Y Bulloch Y Bunn Y Burkhalter

366
Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T N Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day N Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin

JOURNAL OF THE HOUSE

Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Y Manner N Harbin
Y Harrell Y Heard Y Heckstall Y Hegstrom
Y Hembree N Henson Y Holland N Holmes
Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L
Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce
Y Kaye Y Lane

Y Lewis
Y Lord
Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L
Y Massey Y McBee Y McCall N McClinton Y McKinney Y Millar Y Mills N Mobley Y Morris
Y Mosley Y Mueller Y CWeal
Y Orrock Y Parham Y Parrish Y Parsons
E Pelote Y Pinholster
Y Poag Y Ponder Y Porter Y Powell Y Purcell N Ragas

Y Randall Y Ray Y Reaves Y Reece N Reed
Y Reese 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 Shipp Y Sholar Y Sims
Sinkfield
Y Skipper Y Smith, B
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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes N Stuckey Y Taylor Y Teague N Teper Y Tillman Y Tolbert Y Trense
Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J N Williams, R Y Wix
Y Yates Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 159, nays 14.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. HR 162. By Representatives Walker of the 87th and Unterman of the 84th:
A resolution designating the Major General Thomas Wayne Robison Memorial Highway.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister
Y Barnard Y Barnes Y Benefield Y Birdsong
Y Bohannon Y Bordeaux Y Borders Y Bridges
Y Brooks Y Brown Y Buck Y Buckner Y Bulloch
Y Bunn Y Burkhalter Y Byrd

Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix

Dixon
Y Dodson Y Dukes Y Ehrhart Y Epps
Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene
Y Grindley Y Hammontree Y Hanner
Y Harbin
Y Harrell Y Heard Y Heckstall Y Hegstrom

Y Hembree Y Henson
Holland
Y Holmes Y Houston
Y Howard Y Hudgens Y Hudson, H Y Hudson, N
Y Hugley Y Irvin Y Jackson, B Y Jackson, L
Y James Y Jamieson
Jenkins
Y Jennings
Y Jones
Y Joyce Y Kaye Y Lane

Y Lewis
Lord
Lucas Y Maddox Y Mann Y Manning
Martin, J
Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons E Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece

WEDNESDAY, FEBRUARY 10, 1999

367

Y Reed Y Reese Y Heichert 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 Shipp Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens
Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense

Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L
Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 165, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The following Bill of the House, having been previously read was again taken up for consideration: HB 337. By Representative Randall of the 127th:
A bill to amend Code Section 17-6-30 of the Official Code of Georgia Annotated, relating to fees of sureties, so as to change the amount which sureties on criminal bonds may charge as compensation from defendants or from anyone acting for defendants.
The following substitute, offered by Representative Randall of the 127th, was read: A BILL
To amend Code Section 17-6-30 of the Official Code of Georgia Annotated, relating to fees of sureties, so as to change the amount which sureties on criminal bonds may charge as compensation from defendants or from anyone acting for defendants; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 17-6-30 of the Official Code of Georgia Annotated, relating to fees of sureties, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Sureties on criminal bonds in any court shall not charge or receive more than iO 12 percent of the principal amount of the bonds set in the amount of $10,000.00 or less and shall not charge or receive more than 15 percent of the principal amount of bonds set in an amount in excess of $10,000.00 as compensation from defendants or from anyone acting for defendants."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative Callaway of the 81st moves to amend the Floor substitute to HB 337 as follows: Strike 14-18 and insert

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JOURNAL OF THE HOUSE

"charge or receive more than 10 percent of the principal amount set for misdemeanor and not charge or receive more than 15 percent of the principal amount set for felony's as compensation from defendants or".

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

N Alien N Anderson N Ashe N Bailey Y Bannister
Y Barnard
N Barnes
N Benefield N Birdsong Y Bohannon N Bordeaux N Borders Y Bridges N Brooks Y Brown
N Buck
Buckner Y Bulloch Y Bunn N Burkhalter N Byrd Y Callaway N Campbell N Cash
Channell
N Childers
N Clark Y Coan N Coleman, B N Coleman, T N Connell Y Cooper N Cox
Crawford
N Cummings
Y Davis, M

N Davis, T
N Day N Dean Y DeLoach, B
Y DeLoach, G
N Dix
N Dixon N Dodson
N Dukes
N Ehrhart
N Epps E Evans N Everett N Felton N Floyd
Y Franklin
N Golick
N Graves N Greene
Grindley Y Hammontree N Hanner
N Harbin
N Harrell N Heard N Heckstall
Y Hegstrom Y Hembree N Henson N Holland N Holmes N Houston
Howard N Hudgens N Hudson, H
Hudson, N

N Hugley Y Irvin N Jackson, B N Jackson, L
N James N Jamieson
N Jenkins
N Jennings N Jones Y Joyce Y Kaye N Lane
N Lewis N Lord N Lucas
Y Maddox
Y Mann
Y Manning N Martin, J N Martin, J.L N Massey N McBee N McCall N McClinton Y McKinney Y Millar Y Mills Y Mobley N Morris N Mosley Y Mueller
O'Neal Y Orrock N Parham N Parrish N Parsons

E Pelote
Y Pinholster N Poag
N Ponder
N Porter N Powell N Purcell
Y Ragas N Randall
Hay N Reaves N Reece Y Reed Y Reese N Reichert
Y Rice N Richardson N Roberts
N Rogers Y Royal Y Sanders
N Sauder N Scarlett N Scheid N Scott N Shanahan
Shaw
N Shipp N Sholar N Sims N Sinkfield N Skipper N Smith, B N Smith, C Y Smith, C.W
N Smith, L

N Smith, L.R
N Smith, P N Smith, T N Smith, V N Smyre
Y Snelling N Snow N Squires N Stallings Y Stancil
N Stanley, P N Stanley-Turner N Stephens N Stokes N Stuckey N Taylor N Teague
N Teper N Tillman N Tolbert N Trense
Turnquest N Twiggs N Unterman
Walker, L N Walker, R.L
Watson N West Y Westmoreland N Whitaker N Wiles N Williams, J N Williams, R
N Wix Y Yates N Murphy, Spkr

On the adoption of the amendment, the ayes were 41, nays 125.
The amendment was lost.
The following amendment was read:
Representative Reed of the 52nd moves to amend the Floor substitute on HB 337 as follows: Delete lines 13 through 19 and insert in lieu thereof;
"(a) Sureties on criminal bonds in any court shall not charge or receive more than 10% percent of the principal amount of bonds set in the amount of $12,500.00 or less and shall not charge or receive more than 15% percent of the principal amount of bonds set in an amount in excess of $12,500.00 as compensation from defendants or from anyone acting for defendants."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Anderson Y Ashe
N Bailey
N Bannister Y Barnard N Barnes N Benefield N Birdsong N Bohannon Y Bordeaux N Borders N Bridges N Brooks Y Brown N Buck N Buckuer N Bulloch
Bunn N Burkhalter N Byrd N Callaway N Campbell N Cash
Channell N Childers N Clark N Coan N Coleman, B Y Coleman, T N Cornell N Cooper N Cox
Crawford N Cummings Y Davis, M

WEDNESDAY, FEBRUARY 10, 1999

N Davis, T
N Day N Dean Y DeLoach, B N DeLoach, G N Dix N Dixon N Dodson N Dukes N Ehrhart N Epps E Evans N Everett N Felton N Floyd N Franklin N Golick N Graves N Greene
Grindley N Hammontree N Manner N Harbin N Harrell N Heard N Heckstall Y Hegstrom N Hembree Y Henson
N Holland N Holmes N Houston N Howard
N Hudgens N Hudson, H
Hudson, N

Y Hugley N Irvin N Jackson, B Y Jackson, L Y James
N Jamieson N Jenkins N Jennings N Jones N Joyce N Kaye N Lane N Lewis N Lord N Lucas
Y Maddox Y Mann N Manning N Martin, J N Martin, J.L N Massey
N McBee N McCall N McClinton Y McKinney
N Millar
N Mills Y Mobley N Morris N Mosley N Mueller N O'Neal N Orrock N Parham N Parrish N Parsons

E Pelote N Pinholster N Poag N Ponder N Porter
N Powell N Purcell Y Ragas N Randall
Ray N Reaves N Reece Y Reed Y Reese N Reichert N Rice N Richardson
N Roberts N Rogers N Royal N Sanders N Sauder
N Scarlett N Scheid N Scott N Shanahan
Shaw
N Shipp N Sholar N Sims N Sinkfield N Skipper
N Smith, B N Smith, C N Smith, C.W N Smith, L

369
N Smith, L.R N Smith, P N Smith, T N Smith, V N Smyre N Snelling N Snow N Squires N Stallings N Stancil N Stanley, P Y Stanley-Turner
N Stephens Y Stokes
Y Stuckey N Taylor Y Teague N Teper N Tillman
N Tolbert N Trense
Turnquest N Twiggs N Unterman
Walker, L N Walker, R.L
Watson N West Y Westmoreland N Whitaker N Wiles N Williams, J N Williams, R N Wix N Yates N Murphy, Spkr

On the adoption of the amendment, the ayes were 24, nays 144. The amendment was lost. The following amendment was read:

Representative Holmes of the 53rd moves to amend the Floor substitute on HB 337 as follows:
Delete the number 12 on line 14 and substitute the number 11;
On line 16, delete the number 15 and substitute the number 11.

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

N Alien N Anderson Y Ashe
N Bailey Y Bannister Y Barnard N Barnes
Benefield N Birdsong N Bohannon Y Bordeaux
N Borders
N Bridges N Brooks Y Brown

N Buck N Buckner Y Bulloch N Bunn N Burkhalter N Byrd N Callaway
N Campbell N Cash
Channell N Childers N Clark N Coan N Coleman, B N Coleman, T

N Connell
N Cooper N Cox
Crawford
N Cummings Y Davis, M N Davis, T N Day N Dean Y DeLoach, B Y DeLoach, G N Dix N Dixon N Dodson Y Dukes

N Ehrhart
N Epps E Evans Y Everett N Felton N Floyd N Franklin N Golick
N Graves N Greene
Grindley
Y Hammontree
N Hanner N Harbin N Harrell

N Heard
N Heckstall Y Hegstrom N Hembree N Henson N Holland Y Holmes
N Houston
N Howard Y Hudgens N Hudson, H
Hudson, N N Hugley Y Irvin N Jackson, B

370
N Jackson, L N James N Jamieson N Jenkins N Jennings N Jones Y Joyce Y Kaye N Lane N Lewis N Lord N Lucas Y Maddox Y Mann N Manning N Martin, J N Martin, J.L N Massey N McBee N McCall N McClinton

JOURNAL OF THE HOUSE

Y McKinney N Millar N Mills Y Mobley N Morris N Mosley N Mueller N CTOeal N Orrock N Parham
N Parrish N Parsons E Pelote Y Pinholster
N Poag N Ponder N Porter N Powell
N Purcell
Y Ragas
N Randall

Ray
N Reaves N Reece Y Reed N Reese N Reichert Y Rice N Richardson N Roberts N Rogers
Y Royal N Sanders N Sauder N Scarlett N Scheid N Scott N Shanahan
Shaw N Shipp N Sholar N Sims

Y Sinkfield N Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T N Smith, V N Smyre Y Snelling N Snow N Squires N Stallings
Y Stancil N Stanley, P N Stanley-Turner N Stephens Y Stokes Y Stuckey

N Taylor Y Teague N Teper N Tillman Y Tolbert N Trense
Turnquest Y Twiggs N Untennan
Walker, L N Walker, R.L
Watson
N West Y Westmoreland N Whitaker N Wiles Y Williams, J N Williams, R N Wix N Yates N Murphy, Spkr

On the adoption of the amendment, the ayes were 39, nays 129. The amendment was lost. The following amendment was read:

Representative Walker of the 87th moves to amend the Floor substitute on HB 337 as follows:
Line 14, page 1, delete 12 and insert 13.

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

N Alien N Anderson
N Ashe N Bailey N Bannister N Barnard N Barnes
Benefield
N Birdsong N Bohannon N Bordeaux N Borders N Bridges N Brooks
N Brown N Buck N Buckner
N Bulloch
N Bunn N Burkhalter N Byrd Y Callaway Y Campbell N Cash
Channell N Childers
N Clark N Coan N Coleman, B N Coleman, T N Connell N Cooper

N Cox
Crawford N Cummings N Davis, M N Davis, T N Day N Dean N DeLoach, B N DeLoach, G N Dix N Dixon
N Dodson
N Dukes N Ehrhart N Epps E Evans N Everett N Felton N Floyd Y Franklin N Golick N Graves N Greene
Grindley
N Hammontree N Manner Y Harbin N Harrell N Heard
N Heckstall N Hegstrom N Hembree

N Henson N Holland N Holmes N Houston N Howard N Hudgens N Hudson, H
Hudson, N
N Hugley N Irvin N Jackson, B N Jackson, L N James N Jamieson N Jenkins N Jennings Y Jones
N Joyce
N Kaye N Lane
Y Lewis
N Lord N Lucas N Maddox N Mann N Manning
N Martin, J N Martin, J.L N Massey N McBee N McCall N McClinton

Y McKinney N Millar N Mills N Mobley N Morris N Mosley N Mueller N O'Neal
N Orrock N Parham N Parrish N Parsons E Pelote Y Pinholster N Poag N Ponder N Porter N Powell N Purcell N Ragas
N Randall Ray
N Reaves N Reece
N Reed Y Reese N Reichert N Rice Y Richardson N Roberts Y Rogers N Royal

Y Sanders N Sauder N Scarlett N Scheid N Scott N Shanahan
Shaw Y Shipp N Sholar N Sims N Sinkfield N Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T N Smith, V N Smyre N Snelling N Snow N Squires N Stallings N Stancil
N Stanley, P N Stanley-Turner N Stephens N Stokes N Stuckey N Taylor

N Teague N Teper N Tillman N Tolbert

WEDNESDAY, FEBRUARY 10, 1999

N Trense Turnquest
N Twiggs N Unterman

Walker, L Y Walker, R.L
Watson N West

N Westmoreland N Whitaker N Wiles N Williams, J

371
Y Williams, K N Wix Y Yates N Murphy, Spkr

On the adoption of the amendment, the ayes were 18, nays 150. The amendment was lost. The following amendment was read:

Representative Tolbert of the 25th moves to amend the Floor substitute on HB 337 as follows:
Line 15 amend by deleting "$10,000" and replacing with "$100,000"

and Line 18 amend by deleting "$10,000" and replacing with "$100,000".

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

N Alien N Anderson Y Ashe
N Bailey
N Bannister
Y Barnard N Barnes
Benefield N Birdsong Y Bohannon Y Bordeaux N Borders Y Bridges
N Brooks N Brown N Buck N Buckner
Y Bulloch
N Bunn
Y Burkhalter N Byrd N Callaway
N Campbell Y Cash N Channell Y Childers
N Clark
Y Coan N Coleman, B N Coleman, T N Connell
N Cooper
Y Cox Crawford
N Cummings Y Davis, M

N Davis, T Y Day N Dean Y DeLoach, B Y DeLoach, G N Dix N Dixon N Dodson N Dukes N Ehrhart N Epps E Evans - Y Everett Y Felton N Floyd N Franklin N Golick Y Graves
N Greene Grindley
Y Hammontree
Manner N Harbin
N Harrell
N Heard
N Heckstall Y Hegstrom Y Hembree Y Henson N Holland Y Holmes N Houston N Howard Y Hudgens N Hudson, H
Hudson, N

N Hugley
Y Irvin N Jackson, B N Jackson, L N James N Jamieson N Jenkins
N Jennings N Jones Y Joyce Y Kaye N Lane N Lewis N Lord
N Lucas Y Maddox Y Mann Y Manning N Martin, J
Y Martin, J.L N Massey N McBee Y McCall
McClinton Y McKinney
N Millar Y Mills Y Mobley N Morris
N Mosley N Mueller N (Weal N Orrock N Parham N Parrish N Parsons

E Pelote Y Pinholster Y Poag Y Ponder N Porter N Powell N Purcell Y Ragas N Randall
Ray N Reaves N Reece N Reed Y Reese
N Reichert
Y Rice
N Richardson N Roberts N Rogers N Royal N Sanders Y Sauder N Scarlett Y Scheid N Scott N Shanahan
Shaw N Shipp N Sholar N Sims N Sinkfield N Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 58, nays 109.

Y Smith, L.R
N Smith, P N Smith, T
N Smith, V
N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley, P N Stanley-Turner Y Stephens Y Stokes Y Stuckey N Taylor
Y Teague Y Teper N Tillman Y Tolbert Y Trense
Turnquest Y Twiggs N Unterman
Walker, L
Y Walker, R.L
Watson N West N Westmoreland N Whitaker N Wiles Y Williams, J N Williams, R N Wix N Yates N Murphy, Spkr

The amendment was lost.

The Floor substitute was adopted.

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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 Anderson
Ashe Bailey Bannister Barnard Barnes Benefield Birdsong Bohannon Bordeaux Borders Bridges Brooks Brown Buck Buckner
Bulloch Bunn Burkhalter Byrd Callaway
Campbell Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell Cooper Cox
Crawford Cummings Davis, M

Y Davis, T Y Day Y Dean N DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps E Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene
Grindley Y Hammontree Y Hanner Y Harbin N Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree N Henson Y Holland
N Holmes
Y Houston
Y Howard Y Hudgens Y Hudson, H
Hudson, N

Y Hugley
Y Irvin
Y Jackson, B N Jackson, L Y James Y Jamieson Y Jenkins N Jennings Y Jones
Y Joyce
Kaye
Y Lane
Y Lewis Y Lord Y Lucas Y Maddox N Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee
McCall Y McClinton N McKinney N Millar Y Mills
Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Pelote Pinholster Poag Ponder Porter Powell Purcell Ragas Randall Ray Reaves Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L

Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow Squires Stallings Stancil Stanley, P Y Stanley-Turner Y Stephens Stokes Stuckey Taylor Teague Teper Tillman Tolbert Trense Turnquest Twiggs Unterman Walker, L Walker, R.L Watson Y West Y Westmoreland Y Whitaker Y Wiles N Williams, J Y Williams, R Y Wix Y Yates Y Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 142, nays 23.

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

The following Resolutions of the House were read and referred to the Committee on Rules:
HR 270. By Representatives Martin of the 47th and Murphy of the 18th:
A resolution commending Coach Charles "Lefty" Driesell of Georgia State University and inviting him to appear before the House of Representatives.
HR 271. By Representative Tillman of the 173rd:
A resolution commending and congratulating Coach John Willis and the Brunswick High School Pirates football team and inviting the players and the coach to appear before the House of Representatives.
HR 272. By Representatives Epps of the 131st, McBee of the 88th, Coleman of the 142nd and Ashe of the 46th:
A resolution honoring the Georgia Humanities Council and Dr. Jamil S. Zainaldin and inviting Dr. Zainaldin to appear before the House of Representatives and recognizing February 25, 1999, as Georgia Humanities Council Day at the State Capitol.

WEDNESDAY, FEBRUARY 10, 1999

373

The following Resolutions of the House were read and adopted:
HR 273. By Representatives Bannister of the 77th, Porter of the 143rd, Coleman of the 80th, Unterman of the 84th, Dix of the 76th and others:
A resolution commending David O. Crews.
HR 274. By Representatives Byrd of the 170th, Mosley of the 171st and Smith of the 169th:
A resolution commending Jerry Landmon.
HR 275. By Representatives Byrd of the 170th and Mosley of the 171st:
A resolution commending Grace Lynn.
HR 276. By Representative O'Neal of the 75th:
A resolution recognizing and commending Tim Boyd.
HR 277. By Representative O'Neal of the 75th:
A resolution recognizing and commending Luke Manget.
HR 278. By Representative Williams of the 83rd:
A resolution recognizing and honoring the Gwinnett County Police Department's DUI Task Force.
HR 279. By Representative Coleman of the 80th: A resolution recognizing and commending James Mozley.
HR 280. By Representatives Williams of the 114th, Coleman of the 142nd, Ehrhart of the 36th, Parrish of the 144th and Smyre of the 136th:
A resolution commending Andy Baumgartner, 1999 Georgia Teacher of the Year.
HR 281. By Representatives Teague of the 58th, Brooks of the 54th, Teper of the 61st, Stanley of the 50th, McKinney of the 51st and others:
A resolution recognizing South Fulton County Legislative Day at the Capitol on February 11, 1999.
HR 282. By Representative Reese of the 85th:
A resolution recognizing and commending Mr. and Mrs. Carl Jenkins.
HR 283. By Representatives Cummings of the 27th, Bailey of the 93rd, Jackson of the 112th, Powell of the 23rd, Walker of the 141st and others:
A resolution recognizing the month of May, 1999, as "Motorcycle Awareness and You Month" in Georgia.
HR 284. By Representatives McCall of the 90th and Powell of the 23rd:
A resolution commending Galen Mills.
HR 285. By Representatives Smith of the 169th and Murphy of the 18th:
A resolution commending Hallie Ward Edwards on the occasion of her birthday.

Representative Skipper of the 137th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia Thursday, February 11, 1999

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

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

Alien
Ashe Bannister Barnard Benefield Birdsong
Bohannon
Borders Bridges Brooks Brown
Buck
Bulloch
Bunn Burkhalter Byrd Callaway Campbell Cash Channell Clark Coleman, B Connell Cooper Cox Crawford
Cummings

Davis, M Davis, T DeLoach, B DeLoach, G
Dixon
Dodson Ehrhart Epps
Evans
Everett
Felton Floyd Franklin Golick Greene Hammontree
Harbin Harrell Heard Hembree Holland
Houston
Howard Hudgens Hudson, N Hugley Irvin

Jackson, L James Jamieson Jennings Joyce Kaye Lane
Lewis
Lord Mann
Manning Martin, J McBee Millar
Mills
Mobley Morris Mosley Mueller O'Neal Orrock
Parham Parsons Pelote Pinholster Ponder
Porter

Powell
Purcell
Ragas
Ray Reece Reese E Reichert Rice Richardson Roberts Rogers Royal
Sanders Sauder
Scarlett
Scheid Scott Shaw Shipp Sholar Skipper Smith, B Smith, C Smith, L Smith, L.R Smith, T

Smith, V Smyre
Snelling
Snow
Stallings Stancil Stanley- Turner Stephens Stokes Stuckey Taylor
Teper
Tillman
Trense
Turnquest Unterman Walker, L Walker, H.L Watson West
Westmoreland E Whitaker
Wiles Wix Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Grindley of the 35th, Bailey of the 93rd, Dean of the 48th, Hanner of the 159th, Smith of the 19th, Dukes of the 161st, Teague of the 58th, Day of the 153rd, Williams of the 83rd, Tolbert of the 25th, Sims of the 167th, McKinney of the 51st, Twiggs of the 8th, Hudson of the 120th, Holmes of the 53rd, Stanley of the 49th, Randall of the 127th, Squires of the 78th, Bordeaux of the 151st, Sinkfield of the 57th, Martin of the 145th, McCall of the 90th, Shanahan of the 10th, Coan of the 82nd, Massey of the 86th, Reed of the 52nd, Graves of the 125th, Anderson of the 116th, Maddox of the 72nd, Jenkins of the 110th and Lucas of the 124th.
They wish to be recorded as present.
Prayer was offered by the Reverend Dr. William LaClair Arthur, Eastminster Presbyterian Church, Marietta, Georgia.
The members pledged allegiance to the flag.
Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

THURSDAY, FEBRUARY 11, 1999

375

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 563. By Representatives Purcell of the 147th, Bailey of the 93rd, Hudson of the
156th, Floyd of the 138th and Stephens of the 150th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to create the Georgia Military Pension Fund.
Referred to the Committee on Retirement.
HB 564. By Representatives Shanahan of the 10th, Jamieson of the 22nd and Porter of the 143rd: A bill to amend Code Section 12-5-374 of the Official Code of Georgia Annotated, relating to the powers and duties of the Board of Natural Resources, so as to establish certain fees to be charged to owners of certain dams.
Referred to the Committee on Natural Resources & Environment.
HB 565. By Representatives Channell of the lllth, Parrish of the 144th, Jamieson of the 22nd, Coleman of the 142nd and Royal of the 164th: A bill to amend Code Section 15-12-40 of the Official Code of Georgia Annotated, relating to compilation, maintenance, and revision of jury lists, so as to provide that it shall be unlawful for the board of jury commissioners to make any use of or any reference to the registered voters list in the county in revising jury lists.
Referred to the Committee on Judiciary.
HB 566. By Representative Cummings of the 27th: A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide for inclusion in such plan state employees retired under a public retirement system.
Referred to the Committee on Insurance.
HB 567. By Representatives Skipper of the 137th, Buck of the 135th, Jamieson of the 22nd, Felton of the 43rd, Irvin of the 45th and others: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide

376

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for an exemption with respect to sales to housing authorities; to provide for an exemption for certain sales to or hy nonprofit organizations having as their primary purpose the raising of funds for books, materials, and programs for public libraries; to provide for an exemption with respect to the sale or use of wheelchairs and certain related equipment.
2-10-99

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 567. This notice is made prior to or upon reading the bill the first time.

/s/ Jimmy Skipper Representative 137th District
Referred to the Committee on Ways & Means.
HB 568. By Representatives Skipper of the 137th, Buck of the 135th, Jamieson of the 22nd, Felton of the 43rd, Irvin of the 45th and others: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales to housing authorities; to provide for an exemption with respect to sales by or to certain churches, religious institutions, or religious denominations; to provide for an exemption for certain sales to or by nonprofit organizations.
2-10-99

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 568. This notice is made prior to or upon reading the bill the first time.

/s/ Jimmy Skipper Representative 137th District
Referred to the Committee on Ways & Means.
HB 569. By Representative Cummings of the 27th: A bill to amend Code Section 47-2-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Employees' Retirement System of Georgia, so as to define a certain term.
Referred to the Committee on Retirement.
HB 570. By Representative Cummings of the 27th: A bill to amend Code Section 47-3-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Teachers Retirement System of Georgia, so as to define a certain term.
Referred to the Committee on Retirement.

THURSDAY, FEBRUARY 11, 1999

377

HB 571. By Representatives Williams of the 83rd and West of the 101st:
A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to the sale of alcoholic beverages, so as to provide for the receipt and transfer of certain quantities of table wine without having to be licensed, subject to certain taxation requirements.
Referred to the Committee on Regulated Beverages.
HB 572. By Representatives Byrd of the 170th and Mosley of the 171st:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide for competitive bidding when a county or municipal corporation constructs or renovates a building or other real property to be leased by the state; to change the provisions relating to certain multiyear contracts.
Referred to the Committee on State Planning & Community Affairs.
HB 573. By Representatives Martin of the 47th, Royal of the 164th and McKinney of the 51st:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to exclude certain costs from the definition of operating costs for certain purposes; to provide that the interest income from certain reserves may be used to pay operating costs.
Referred to the Committee on State Planning & Community Affairs.
HB 574. By Representatives Purcell of the 147th, Hudson of the 156th, Royal of the 164th, Floyd of the 138th and Manning of the 32nd:
A bill to amend Article 5 of Chapter 8 of Title 46 of the Official Code of Georgia Annotated, relating to construction, improvement, and repair of rail lines, depots, and roads, so as to provide certain restrictions on the repair, maintenance, and construction of railroad crossings.
Referred to the Committee on Transportation.
HB 575. By Representatives Byrd of the 170th, Randall of the 127th, Greene of the 158th, Channell of the lllth, Childers of the 13th and others:
A bill to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to provide for legislative intent; to change the provisions relating to definitions; to authorize the amendment of applicable rules and regulations of the Department of Human Resources and the policies and procedures of the Department of Medical Assistance to create a new classification and new licensure category for child care facilities.
Referred to the Committee on Human Relations & Aging.
HB 576. By Representatives Porter of the 143rd, McBee of the 88th and Mobley of the 69th:
A bill to amend Article 1 of Chapter 5 of Title 20 of the Official Code of Georgia Annotated, relating to state public library activities, so as to authorize funding of cooperative library projects between the Department of Technical and Adult Education and the Department of Archives and History.
Referred to the Committee on University System of Georgia.

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JOURNAL OF THE HOUSE

HB 577. By Representatives Porter of the 143rd, McBee of the 88th and Mobley of the 69th: A bill to amend Code Section 43-30-8 of the Official Code of Georgia Annotated, relating to optometry registration, so as to change the provisions relating to continuing education.
Referred to the Committee on Health & Ecology.
HB 578. By Representatives Porter of the 143rd and Hanner of the 159th: A bill to amend Code Section 12-8-40.1 of the Official Code of Georgia Annotated, relating to tire disposal restrictions, so as to extend the time that a $1.00 tax on new tires shall be collected.
Referred to the Committee on Natural Resources & Environment.
HB 579. By Representatives Teper of the 61st and Cummings of the 27th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide funding to tag agents for modernization and technology; to provide for accounts, refunds, and reports.
Referred to the Committee on Motor Vehicles.
HB 580. By Representatives Jenkins of the 110th, Poag of the 6th and Day of the 153rd: A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide that any county, municipality, or other public subdivision of this state which has a law enforcement agency shall declare a chief of police or a law enforcement head for such law enforcement agency who is required to be a certified peace officer pursuant to the provisions of Chapter 8 of Title 35, known as the "Georgia Peace Officer Standards and Training Act".
Referred to the Committee on Public Safety.
HB 581. By Representatives Epps of the 131st, Taylor of the 134th, Hugley of the 133rd, Stanley of the 49th and Mobley of the 69th: A bill to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, so as to change certain provisions relating to persons not to be licensed; to require a course of driver education for certain applicants for drivers' licenses.
Referred to the Committee on Motor Vehicles.
HB 582. By Representatives Smith of the 103rd, Scarlett of the 174th, Hudson of the 120th, Crawford of the 129th and Channell of the lllth: A bill to amend Code Section 48-7-161 of the Official Code of Georgia Annotated, relating to definitions relative to the setoff of debt collection against income tax refunds, so as to authorize the setoff of certain debts owed to the Department of Corrections.
Referred to the Committee on Ways & Means.

THURSDAY, FEBRUARY 11, 1999

379

HB 583. By Representatives Epps of the 131st, Smyre of the 136th, Heard of the 89th, Holland of the 157th and Mobley of the 69th: 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 child care expenses.
Referred to the Committee on Ways & Means.
HB 584. By Representatives Mobley of the 69th, Ragas of the 64th, Brooks of the 54th and Epps of the 131st: A bill to amend Code Section 17-7-93 of the Official Code of Georgia Annotated, relating to arraignment and entry of plea in criminal cases, so as to provide that prior to acceptance of a plea of guilty the court shall determine whether the defendant is freely entering the plea with an understanding as to its effect on the status of a resident alien or naturalized citizen.
Referred to the Committee on Special Judiciary.
HB 585. By Representatives Teper of the 61st, Hugley of the 133rd, Taylor of the 134th, McBee of the 88th, Smith of the 12th and others: A bill to amend Code Section 32-9-2 of the Official Code of Georgia Annotated, relating to operation of and financial assistance to mass transit systems, so as to authorize the Department of Transportation to participate in capital projects for mass transportation systems in certain circumstances.
Referred to the Committee on Transportation.
HB 586. By Representatives Houston of the 166th, Ashe of the 46th, Walker of the 141st, Smyre of the 136th and Irvin of the 45th: A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for independent review of proposals for changes in the scope of practice of health care professionals.
Referred to the Committee on Rules.
HB 587. By Representative Dixon of the 168th: A bill to amend Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to habitual violators and probationary drivers' licenses, so as to provide that certain fees applicable to Class C drivers' licenses shall be applicable to replacements for lost or destroyed probationary drivers' licenses.
2/10/99
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 587. This notice is made prior to or upon reading the bill the first time.

/s/ Harry Dixon Representative 168th District
Referred to the Committee on Motor Vehicles.

380

JOURNAL OF THE HOUSE

HB 588. By Representative Dixon of the 168th: A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for display of license plates issued in 1942 or earlier on motor vehicles manufactured in such years.
Referred to the Committee on Motor Vehicles.
HE 286. By Representatives Stanley of the 49th, Stanley of the 50th, Watson of the 70th, Sims of the 167th, Anderson of the 116th and others: A resolution creating the Joint Study Committee on Gaming.
Referred to the Committee on Rules.
HE 287. By Representatives Mobley of the 69th, Brooks of the 54th, McKinney of the 51st, Randall of the 127th, Epps of the 131st and others: A resolution creating the Joint Study Committee on the Commission on Equal Opportunity.
Referred to the Committee on Rules.
HR 288. By Representative Porter of the 143rd: A resolution designating the Pleasant Springs area in Laurens County as a community.
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 540 HB 541 HB 542 HB 543 HB 544 HTITB! 5X4A5R TnrTlriTSlJ OK54/4iO7/ THHITBB 55ZA44Q98
HB 550
HB 551
HB 552
HB 553
HB 554
HB 555

HB 556 HB 557 HB 558 HB 559 HB 560 THTbR 5cbil HTJTBJ 5r-6a,r^,i
nK /DO
UK Zb '
HR 268
HR 269
SB 17
SB 30
SB 56
SB 66

Pursuant to Rule 52, Representative Kaye of the 37th moved that the following Bill of the House be engrossed:
HB 551. By Representative Kaye of the 37th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption from state sales and use tax with respect to the sale of blood measuring devices or other monitoring equipment used exclusively by diabetics.

THURSDAY, FEBRUARY 11, 1999

381

The motion prevailed.

Pursuant to Rule 52, Representative Royal of the 164th moved that the following Bill of the House be engrossed:
HB 553. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st, Day of the 153rd, Royal of the 164th and others:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for homeowner tax relief grants to counties and local school districts.

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

Y Alien Anderson
Y Ashe Bailey Bannister
Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders N Bridges Y Brooks N Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd N Callaway
Campbell Y Cash Y Channel! Y Childers N Clark N Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings N Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B N DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes N Ehrhart Y Epps N Evans
Everett Y Felton
Floyd N Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley N Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings Y Jones N Joyce N Kaye Y Lane N Lewis Y Lord Y Lucas
Maddox N Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney N Millar N Mills Y Mobley Y Morris Y Mosley N Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

On the motion, the ayes were 132, nays 33.

Y Pelote N Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray
Reaves Y Reece Y Reed N Reese E Reichert N Rice N Richardson Y Roberts
Rogers Y Royal N Sanders Y Sauder Y Scarlett N Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C N Smith, C.W Y Smith, L

Smith, L.R
Smith, P Smith, T Smith, V Smyre
Snelling Snow Squires Stallings Stancil Stanley, P
Stanley-Turner Stephens Stokes Stuckey Taylor Teague
Teper Tillman Tolbert Trense
Turnquest
Twiggs
Unterman Walker, L Walker, R.L Watson West
Westmoreland Whitaker Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

The motion prevailed.

Pursuant to Rule 52, Representative Royal of the 164th moved that the following Resolution of the House be engrossed:
HR 269. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st, Royal of the 164th, Buck of the 135th and others:
A resolution proposing an amendment to the Constitution so as to provide for a homeowner's incentive adjustment for the purpose of providing ad valorem property tax relief; to provide for calculation of adjustment amounts; to authorize the General Assembly to provide by general law for procedures and conditions.

382

JOURNAL OF THE HOUSE

The motion prevailed.
Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:
Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 271 Do Pass, by Substitute HB 295 Do Pass, by Substitute
Respectfully submitted, /s/ Childers of the 13th
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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 266 Do Pass
Respectfully submitted, /s/ Hanner of the 159th
Chairman
Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 110 Do Pass, by Substitute HB 128 Do Pass, by Substitute HB 235 Do Pass
Respectfully submitted, /s/ Twiggs of the 8th
Chairman
Representative Smyre of the 136th 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:

THURSDAY, FEBRUARY 11, 1999

383

HR 92 Do Pass HR 99 Do Pass HR 150 Do Pass HR 196 Do Pass HR 198 Do Pass HR 210 Do Pass

HR 211 Do Pass HR 251 Do Pass HR 253 Do Pass HR 262 Do Pass HR 270 Do Pass

Respectfully submitted, /s/ Smyre of the 136th
Chairman

Representative Lucas of the 124th 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 House and has instructed me to report the same back to the House with the following recommendation:
HB 217 Do Pass, by Substitute
Respectfully submitted, /s/ Lucas of the 124th
Chairman

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

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 508 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR THURSDAY, FEBRUARY 11, 1999
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 19th Legislative Day as enumerated below:

384

JOURNAL OF THE HOUSE

HB 93 Insurance; health care providers; include athletic trainers HB 181 Georgia Teen Smoking Act; enact HB 278 State agencies; certain meetings; agenda and affidavit HB 279 Public records; amend provisions HB 408 Methamphetamine; trafficking; bailable only before superior court HB 444 Motor vehicles; child safety restraints; cert violations; points HB 510 Schools; letting of certain construction contracts
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Smyre of the 136th
Chairman
By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:
HB 508. By Representatives Stancil of the 16th, Shipp of the 38th, Lewis of the 14th, Cummings of the 27th, Pinholster of the 15th and others:
A bill to create the Lake Allatoona Preservation 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 112, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate: SB 76. By Senators Brown of the 26th, Broun of the 46th, Starr of the 44th and
others:
A bill to amend Part 12 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Sports Hall of Fame Authority, so as to change the membership of the authority; to provide for related matters; to provide an effective date.
SB 95. By Senators Thomas of the 10th, Brush of the 24th and James of the 35th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain provisions relating to education and training of persons regulated by the State Board of Cosmetology; to require certain continuing education; to require licensing of instructors in private cosmetology schools.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 88. By Senators Walker of the 22nd and Cheeks of the 23rd: A resolution creating the Joint Study Committee on Partnership Between the Hospital and Clinics of the Medical College of Georgia and the University Hospital of Richmond County.
The Senate has passed, as amended, by the requisite constitutional majority the following bill of the House:

THURSDAY, FEBRUARY 11, 1999

385

HB 158. By Representatives Lucas of the 124th, Murphy of the 18th, Coleman of the 142nd and others:
A bill to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, known as the "State Properties Code," so as to change the provisions relating to the membership and organization of the State Properties Commission.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:
SB 76. By Senators Brown of the 26th, Broun of the 46th, Starr of the 44th and others:
A bill to amend Part 12 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Sports Hall of Fame Authority, so as to change the membership of the authority; to provide for related matters; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs.

SB 95. By Senators Thomas of the 10th, Brush of the 24th and James of the 35th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain provisions relating to education and training of persons regulated by the State Board of Cosmetology; to require certain continuing education; to require licensing of instructors in private cosmetology schools.
Referred to the Committee on Health & Ecology.

SR 88. By Senators Walker of the 22nd and Cheeks of the 23rd:
A resolution creating the Joint Study Committee on Partnership Between the Hospital and Clinics of the Medical College of Georgia and the University Hospital of Richmond County.
Referred to the Committee on Rules.

The Speaker Pro Tern assumed the Chair.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 92. By Representatives Roberts of the 162nd, Everett of the 163rd and Dukes of the 161st:
A resolution commending the Dougherty Comprehensive High School football team and inviting the team and coaches to appear before the House of Representatives.
HR 99. By Representatives Teague of the 58th, Powell of the 23rd, Smyre of the 136th, Dukes of the 161st, DeLoach of the 172nd and others:
A resolution proclaiming the second Thursday in February, as "African American Business Enterprise Day" and inviting the Georgia Summit of African-American Business Organizations to appear before the House of Representatives.

386

JOURNAL OF THE HOUSE

HR 150. By Representatives Smith of the 103rd, Coleman of the 142nd, Parrish of the 144th, Murphy of the 18th, Cox of the 105th and others:
A resolution commending Achievers International - Georgia, Inc., and inviting the organization representatives to appear before the House of Representatives.
HR 211. By Representatives Whitaker of the 7th and DeLoach of the 119th:
A resolution commending and honoring the Ellijay Apple Marketing Association and its member apple growers and inviting them to the House of Representatives.
HR 253. By Representatives Smith of the 12th, Childers of the 13th, Reece of the llth, Cummings of the 27th, Lewis of the 14th and others:
A resolution commending the 1998 Darlington High School football team and inviting them to appear before the House of Representatives at the state capitol.
HR 262. By Representatives Lane of the 146th, Martin of the 145th, Barnard of the 154th, Smith of the 175th, Parrish of the 144th and others:
A resolution commending Coach Paul Johnson and inviting him to appear before the House of Representatives.
HR 196. By Representatives Jamieson of the 22nd, Smith of the 175th, Felton of the 43rd and Walker of the 141st:
A resolution recognizing and commending the Georgia Congress of Parents and Teachers, declaring Wednesday, February 17, 1999, as Georgia PTA Day and National PTA Founders Day and inviting the Georgia Congress of Parents and Teachers president, Cathy Henson, to appear before the House of Representatives.
HR 198. By Representatives Hugley of the 133rd, Smyre of the 136th, Taylor of the 134th and Heard of the 89th:
A resolution recognizing Alpha Kappa Alpha Sorority, Inc., and inviting Marjorie H. Young and Yvonne McBride to appear before the House of Representatives.
HR 210. By Representatives West of the 101st, Stallings of the 100th, Richardson of the 26th, Poag of the 6th, Murphy of the 18th and others:
A resolution expressing regret at the passing of Captain Robbie Bishop and inviting his wife, Mrs. Lisa Bishop, and their children to appear before the House of Representatives.
HR 251. By Representatives Mueller of the 152nd, Stephens of the 150th, Day of the 153rd, Jackson of the 148th, Pelote of the 149th and others:
A resolution recognizing and honoring the Chairman, Grand Marshal, and other representatives of the Savannah St. Patrick's Day Parade Committee and inviting them to appear before the House of Representatives.
HR 270. By Representatives Martin of the 47th and Murphy of the 18th:
A resolution commending Coach Charles "Lefty" Driesell of Georgia State University and inviting him to appear before the House of Representatives.
The Speaker Pro Tern announced the House in recess until 1:15 o'clock this afternoon.

THURSDAY, FEBRUARY 11, 1999

387

AFTERNOON SESSION

Representative Skipper of the 137th called the House to order.
Representative Sanders of the 107th arose to a point of personal privilege and addressed the House.
Representative Kaye of the 37th arose to a point of personal privilege and addressed the House.

Representative Randall of the 127th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

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

HB 80 Do Pass, by Substitute HB 423 Do Pass, by Substitute

HB 498 Do Pass HR 153 Do Pass

Respectfully submitted, /s/ Randall of the 127th
Chairman

The following Resolutions of the House were read and adopted: HR 289. By Representatives Hembree of the 98th and Snelling of the 99th:
A resolution commending the West Georgia Millennial Celebration. HR 290. By Representatives Stuckey of the 67th and Ashe of the 46th:
A resolution commending the Georgia Historical Records Advisory Board and recognizing certain associations involved in preserving historical records.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 444. By Representative Orrock of the 56th:
A bill to amend Code Section 40-5-57 of the Official Code of Georgia Annotated, relating to suspension or revocation of licenses of habitually negligent or dangerous drivers and the point system used to identify such drivers, so as to change certain provisions relating to points assessed for violation of child safety restraint requirements.

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

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

Y Alien Y Anderson Y Ashe Y Bailey
N Bannister Y Barnard

Y Barnes Y Benefield Y Birdsong Y Bohannon
Y Bordeaux Y Borders

Y Bridges Y Brooks Y Brown
Buck
E Buckner Y Bulloch

Y Bunn Burkhalter
Y Byrd Y Callaway
Campbell Y Cash

Y Channell Y Childers N Clark N Coan
Y Coleman, B Coleman, T

388
Connell Cooper N Cox N Crawford Cummings N Davis, M Y Davis, T Y Day Dean Y DeLoach, B N DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps N Evans Y Everett Y Felton Floyd N Franklin Y Golick Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell

JOURNAL OF THE HOUSE

Y Heard Heckstall
Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Y Houston
Y Howard Y Hudgens
Hudson, H
Y Hudson, N Y Hugley Y Irvin N Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins E Jennings
Jones
N Joyce
Y Kaye Y Lane Y Lewis
Lord Lucas
N Maddox
Y Mann Y Manning

Y Martin, J
Y Martin, J.L
N Massey
y McBee y McCall y McClinton
McKinney
Y Millar
N Mills
y Mobley y Morris
Y Mosley
N Mueller Y O'Neal
y Orrock y Parham
Parrish
y Parsons y Pelote
N Pinholster
y Poag
E Ponder
y Porter
Y Powell Y Purcell
Y Ragas
Y Randall Ray
Reaves
Y Reece

Y Reed N Reese E Reichert Y Rice Y Richardson Y Roberts Y Rogers
Y Royal N Sanders
Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield
Skipper
Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V
Smyre
N Snelling

Snow
Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper
Y Tillman Y Tolbert Y Trense
Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West N Westmoreland N Whitaker
y Wiles y Williams, J y Williams, R y Wix y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 126, nays 21.

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

Representative Graves of the 125th 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 408. By Representatives Barnes of the 97th, Benefield of the 96th, Dodson of the 94th and Bailey of the 93rd:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, so as to provide that trafficking in methamphetamine shall be bailable only before a judge 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 roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister
Y Barnard
Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown
Buck E Buckner

Y Bulloch Y Bunn
Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B
Coleman, T
Connell
Cooper Y Cox Y Crawford

Y Cummings Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps
Y Evans Y Everett
Felton
Floyd

Y Franklin Y Golick Y Graves
Y Greene
Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Y Houston

Y Howard Y Hudgens
Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L
Y James Y Jamieson Y Jenkins E Jennings
Jones Y Joyce Y Kaye Y Lane Y Lewis

Lord
Lucas Maddox Mann Manning Martin, J
Martin, J.L
Massey
McBee
McCall McClinton McKinney Millar Mills Mobley Morris
Mosley Mueller O'Neal

THURSDAY, FEBRUARY 11, 1999

389

Y Orrock Y Parham
Parrish Y Parsons Y Pelote Y Pinholster Y Poag E Ponder Y Porter N Powell Y Purcell Y Ragas Y Randall
Ray Reaves Y Reece Y Reed Y Reese E Reichert

Y Rice Y Richardson Y Roberts
Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield
Skipper Y Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague

Y Teper Y Tillman Y Tolbert N Trense
Turnquest Twiggs Y Unterman Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates Murphy, Spkr

On the passage of the Bill, the ayes were 147, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
Representative Powell of the 23rd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 93. By Representatives Williams of the 114th and Heard of the 89th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to include athletic trainers within the definition of health care providers for purposes of managed health care plans; to provide for reimbursement under insurance policies for services within the scope of practice of athletic trainers.
The following amendments were read and adopted:
The Committee on Insurance moves to amend HB 93 by inserting "licensed" before "athletic" on line 20 of page 1.

Representative Irvin of the 45th moves to amend HB 93 as follows: Add after "trainer" on line 9, page 2

Nothing contained herein shall require an insurance company to cover such services.

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:

Alien Anderson Ashe Bailey
Bannister
Barnard Barnes Benefield Birdsong Bohannon Bordeaux Borders Bridges

Y Brooks
Y Brown
Y Buck E Buckner Y Bulloch Y Bunn
Y Burkhalter
Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers

Y Clark
Y Coan
Y Coleman, B Coleman, T
Y Connell Y Cooper Y Cox
Crawford Y Cummings Y Davis, M Y Davis, T Y Day
Dean

Y DeLoach, B Y DeLoach, G Y Dix
Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd
Y Franklin

Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree
Y Henson

390
Holland Holmes Houston Howard Hudgens Hudson, H Hudson, N Hugley Irvin Jackson, B Jackson, L James Jamieson Jenkins E Jennings Jones Y Joyce Y Kaye Lane Y Lewis Y Lord Y Lucas Y Maddox

JOURNAL OF THE HOUSE

Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y (Weal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag

Ponder Porter Powell Purcell
Ragas Randall Ray Reaves
Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett
Scheid Scott Shanahan

Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield
Skipper Y Smith, B 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 Squires Y Stallings Y Standl Y Stanley, P Y Stanley-Turner Y Stephens

Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland
Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The Speaker assumed the Chair.
HB 510. By Representatives Jamieson of the 22nd, Greene of the 158th, Hudson of the 156th, Porter of the 143rd, Powell of the 23rd and others:
A bill to amend Code Section 20-2-520 of the Official Code of Georgia Annotated, relating to the powers of local boards of education with respect to the acquisition and disposition of school sites, so as to impose certain requirements on the letting of public school construction contracts in excess of $100,000.00.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 20-2-520 of the Official Code of Georgia Annotated, relating to the powers of local boards of education with respect to the acquisition and disposition of school sites, so as to impose certain requirements on the letting of public school construction contracts in excess of $100,000.00; 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 20-2-520 of the Official Code of Georgia Annotated, relating to the powers of local boards of education with respect to the acquisition and disposition of school sites, is amended by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The county boards of education shall have the power to purchase, lease, or rent school sites; build, repair, or rent schoolhouses; purchase maps, globes, and school furniture; and make all arrangements necessary to the efficient operation of the schools. Such county boards are invested with the title, care, and custody of all schoolhouses or other property, with the power to control such property in such manner as they think will best serve the interests of the public schools; and when, in the opinion of the

THURSDAY, FEBRUARY 11, 1999

391

county board, any schoolhouse site has become unnecessary or inconvenient, they may sell it in the name of the county board; and the conveyance for any such sale shall be executed by the president or secretary of the county board, according to the order of the county board. Such county boards shall have the power to receive any gift, grant, donation, or devise made for the use of the public schools within the respective counties; and all conveyances of real estate which may be made to such a county board shall vest the property in such county board and its successors in office. Such county board may provide for the building of schoolhouses by a tax on all property located in the county and outside the territorial limits of any independent school system. The construction of all public school buildings must be approved by the county school superintendent and county board and must be according to the plans furnished by the county school authorities and the State Board of Education. All public school construction contracts in excess of $100,000.00 shall be publicly advertised and awarded through an open and competitive process, regardless of the funding source."

SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and shall apply to contracts entered into on or after that date.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck E Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B
Coleman, T Y Connell Y Cooper Y Cox

Crawford
Y Cummings Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Houston
Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins E Jennings
Jones Y Joyce Y Kaye
Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills

Y Mobley Y Morris Y Mosley Y Mueller Y O'Nea! Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag E Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray
Reaves Y Reece Y Reed Y Reese E Reichert Y Rice Y Richardson Y Roberts
Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid

Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B 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
Snelling Y Snow
Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert Y Trense

392
Y Turnquest Y Twiggs Y Unterman

JOURNAL OF THE HOUSE

Walker, L Y Walker, R.L Y Watson

Y West Y Westmoreland Y Whitaker

Y Wiles Y Williams, J Y Williams, E

Wix Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 161, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 181. By Representatives Wiles of the 34th, Channell of the lllth, Grindley of the 35th and Ehrhart of the 36th:
A bill to amend Code Section 16-12-171 of the Official Code of Georgia Annotated, relating to prohibited acts regarding the sale of or distribution to minors of cigarettes and tobacco related objects, so as to make it unlawful for any minor to possess or attempt to purchase any cigarettes or tobacco related objects.

Representative Stuckey of the 67th moved that HB 181 be placed upon the table.

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister
Y Barnard N Barnes Y Benefield Y Birdsong Y Bohannon
N Bordeaux N Borders Y Bridges Y Brooks
Y Brown Y Buck E Buckner Y Bulloch
Y Bunn Y Burkhalter
N Byrd N Callaway N Campbell
Y Cash N Channell
Childers Y Clark
Y Coan Y Coleman, B Y Coleman, T N Connell
Cooper N Cox Y Crawford N Cumxnings
N Davis, M

Y Davis, T Y Day Y Dean
DeLoach, B DeLoach, G Dix
Dixon
Dodson Dukes Ehrhart Epps Evans Everett Felton Floyd
Franklin Golick Graves Greene N Grindley Y Hammontree Y Manner Y Harbin Y Harrell Heard Heckstall Y Hegstrom N Hembree Y Henson Y Holland Y Holmes N Houston Y Howard N Hudgens Y Hudson, H Y Hudson, N

Hugley Irvin Jackson, B Jackson, L James Jamieson Jenkins
Jennings
Jones Joyce Kaye Lane Lewis Lord Lucas Maddox
Mann Manning Martin, J Martin, J.L
Massey McBee McCall
McClinton McKinney Millar
Mills Mobley Morris
N Mosley N Mueller N OTJeal Y Orrock
Y Parham Y Parrish Y Parsons

N Pelote
N Pinholster
N Poag E Ponder Y Porter
Y Powell
Y Purcell
Y Ragas
Y Randall Y Ray
Reaves N Reece N Reed N Reese E Reichert N Rice N Richardson N Roberts N Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid N Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims N Sinkfield Y Skipper Y Smith, B Y Smith, C N Smith, C.W N Smith, L

Smith, L.R Smith, P Smith, T Smith, V
Smyre Snelling Snow
Squires Stallings Stancil
Stanley, P Stanley-Turner Stephens Stokes Stuckey
Taylor league Teper Tillman Tolbert
Trense Turnquest
Twiggs Unterman
Walker, L Walker, R.L Watson West
Westmoreland Whitaker
Wiles Williams, J
Williams, H
Wix Yates Murphy, Spkr

On the motion, the ayes were 109, nays 53.
The motion prevailed. HB 278. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of
the 161st: A bill to amend Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to open and public meetings, so as to change the definition of

THURSDAY, FEBRUARY 11, 1999

393

the term "meeting"; to require that an agency holding a meeting shall make available an agenda of all matters expected to come before the agency at such meeting.
The following Committee substitute was read:
A BILL
To amend Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to open and public meetings, so as to change the definition of the term "meeting"; to require that an agency holding a meeting shall make available an agenda of all matters expected to come before the agency at such meeting; to provide for the posting of such agenda and the distribution thereof; to provide that failure to include on the agenda an item which becomes necessary to address during the course of a meeting shall not preclude considering and acting upon such item; to provide that when any meeting of an agency is closed to the public, the chairperson or other person presiding over such meeting shall execute and file with the official minutes of the meeting a notarized affidavit stating under oath that the subject matter of the meeting or the closed portion thereof was devoted to matters within the exceptions authorized for closed meetings and identifying the specific relevant exception; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to open and public meetings, is amended by striking in its entirety paragraph (2) of subsection (a) of Code Section 50-14-1, relating to the requirement that certain government meetings be open to the public, and inserting in lieu thereof a new paragraph (2) to read as follow:
"(2) 'Meeting* means the gathering of a quorum of the members of the governing body of an agency or of any committee of its members created by such governing body, whether standing or special, pursuant to schedule, call, or notice of or from such governing body or committee or an authorized member, at a designated time and place at which any public matter, official business, or policy of the agency is to be discussed or presented or at which official action is to be taken or, in the case of a committee, recommendations on any public matter, official business, or policy to the governing body are to be formulated, presented, or discussed. The assembling together of a quorum of the members of a governing body or committee for the purpose of making inspections of physical facilities under the jurisdiction of such agency or for the purposes of meeting with the governing bodies, officers, agents, or employees of other agencies at places outside the geographical jurisdiction of an 'amgeeentciynga.'n"d at which no final official action is to be taken shall not be deemed a

SECTION 2.
Said chapter is further amended by striking in its entirety subsection (e) of Code Section 50-14-1, relating to the requirement that certain government meetings be open to the public, and inserting in lieu thereof a new subsection (e) to read as follow:
"(e)(l) Prior to any meeting, the agency holding such meeting shall make available an agenda of all matters expected to come before the agency at such meeting. The agenda shall be available upon request and shall be posted at the meeting site, as far in advance of the meeting as reasonably possible, but shall not be required to be posted or available more than two weeks prior to the meeting. Failure to include on the agenda an item which becomes necessary to address during the course of a meeting shall not preclude considering and acting upon such item.

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JOURNAL OF THE HOUSE

(2) A summary An agenda of the subjects acted on and those members present at a meeting of any agency shall be written and made available to the public for inspection within two business days of the adjournment of a meeting of any agency. The minutes of a meeting of any agency shall be promptly recorded and such records shall be open to public inspection once approved as official by the agency, but in no case later than immediately following the next regular meeting of the agency; provided, however, nothing contained in this chapter shall prohibit the earlier release of minutes, whether approved by the agency or not. Said minutes shall, as a minimum, include the names of the members present at the meeting, a description of each motion or other proposal made, and a record of all votes. In the case of a rollcall vote the name of each person voting for or against a proposal shall be recorded and in all other cases it shall be presumed that the action taken was approved by each person in attendance unless the minutes reflect the name of the persons voting against the proposal or abstaining."
SECTION 3.
Said chapter is further amended by striking in its entirety Code Section 50-14-4, relating to procedure when meetings of agencies are closed, and inserting in lieu thereof a new Code Section 50-14-4 to read as follows:
"50-14-4.

(a) When any meeting of an agency is closed to the public pursuant to any provision of this chapter, the specific reasons for such closure shall be entered upon the official minutes, the meeting shall not be closed to the public except by a majority vote of a quorum present for the meeting, the minutes shall reflect the names of the members present and the names of those voting for closure, and that part of the minutes shall be made available to the public as any other minutes. Where a meeting of an agency is devoted in part to matters within the exceptions act forth in thia chapter provided by law, any portion of the meeting not subject to any such exception, privilege, or confidentiality shall be open to the public, and the minutes of such portions not subject to any such exception shall be taken, recorded, and open to public inspection as provided in subsection (e) of Code Section 50-14-1.
(b) When any meeting of an agency is closed to the public pursuant to subsection (a) of this Code section, the chairperson or other person presiding over such meeting shall execute and file with the official minutes of the meeting a notarized affidavit stating under oath that the subject matter of the meeting or the closed portion thereof was devoted to matters within the exceptions provided by law and identifying the specific relevant exception."

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:

Representative Campbell of the 42nd moves to amend the Committee substitute to HB 278 by striking line 18 of page 1 and inserting in lieu thereof the following:
"relevant exception and identifying any other matter outside the exceptions provided by law which may have been discussed during such meeting; to repeal conflicting laws; and for".
By striking in its entirety line 39 on page 3 and inserting in lieu thereof the following:

THURSDAY, FEBRUARY 11, 1999

395

"exception. If, during the meeting, any other matter outside the exceptions provided by law is discussed, then such affidavit shall include a disclosure of the nature of such discussion.'"

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

Y Alien N Anderson N Ashe N Bailey N Bannister Y Barnard N Barnes N Benefield N Birdsong Y Bohannon
N Bordeaux N Borders N Bridges N Brooks Y Brown N Buck E Buckner
N Bulloch Y Bunn Y Burkhalter N Byrd N Callaway Y Campbell Y Cash N Channel! N Childers Y Clark Y Coan N Coleman, B N Coleman, T N Connell
Cooper N Cox N Crawford N Cummings N Davis, M

N Davis, T N Day N Dean Y DeLoach, B Y DeLoach, G
N Dix N Dixon N Dodson N Dukes N Ehrhart
Epps N Evans N Everett Y Felton N Floyd Y Franklin N Golick N Graves N Greene N Grindley N Hammontree N Hanner N Harbin N Harrell N Heard
Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Houston Y Howard Y Hudgens N Hudson, H
N Hudson, N

N Hugley N Irvin
Y Jackson, B
N Jackson, L N James N Jamieson N Jenkins E Jennings N Jones Y Joyce N Kaye
Lane
N Lewis N Lord
Lucas N Maddox Y Mann N Manning N Martin, J N Martin, J.L N Massey N McBee N McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish
N Parsons

N Pelote N Pinholster N Poag
E Ponder N Porter N Powell N Purcell N Ragas N Randall N Ray
Reaves
N Reece N Reed N Reese E Reichert N Rice
Y Richardson
N Roberts N Rogers N Royal Y Sanders N Sauder Y Scarlett N Scheid Y Scott N Shanahan N Shaw N Shipp N Sholar N Sims N Sinkfield N Skipper N Smith, B N Smith, C Y Smith, C.W N Smith, L

N Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre N Snelling
N Snow N Squires N Stallings N Stancil N Stanley, P N Stanley-Turner N Stephens
N Stokes N Stuckey N Taylor N Teague N Teper N Tillman Y Tolbert Y Trense N Turnquest N Twiggs
Y Unterman N Walker, L Y Walker, R.L N Watson N West
Y Westmoreland Y Whitaker N Wiles Y Williams, J N Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 37, nays 132. The amendment was lost. The following amendment was read:

Representative Richardson of the 26th moves to amend the Committee substitute to HB 278 as follows:
On page 3, Section 3(b), delete lines 31 through 39.

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

N Alien
N Anderson N Ashe N Bailey N Bannister
N Barnard
N Barnes N Benefield

N Birdsong Y Bohannon N Bordeaux
N Borders
N Bridges N Brooks N Brown N Buck

E Buckner N Bulloch
N Bunn N Burkhalter N Byrd N Callaway N Campbell N Cash

N Channell
N Childers N Clark Y Coan N Coleman, B
N Coleman, T N Connell
Cooper

N Cox N Crawford N Cummings
N Davis, M N Davis, T N Day N Dean N DeLoach, B

396
Y DeLoach, G N Dix N Dixon N Dodson N Dukes Y Ehrhart
Epps N Evans N Everett N Felton N Floyd N Franklin N Golick N Graves N Greene N Grindley N Hammontree N Hanner N Harbin N Harrell N Heard
Heckstall N Hegstrom N Hembree N Henson N Holland N Holmes N Houston

JOURNAL OF THE HOUSE

N Howard N Hudgens N Hudson, H N Hudson, N N Hugley N Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins E Jennings N Jones N Joyce N Kaye
Lane
N Lewis N Lord N Lucas N Maddox Y Mann N Manning N Martin, J N Martin, J.L N Massey N McBee Y McCall N McClinton

N McKinney N Millar N Mills N Mobley N Morris N Mosley Y Mueller
N O'Neal
N Orrock N Parham N Fairish N Parsons
N Pelote N Pinholster N Poag E Ponder N Porter N Powell N Purcell N Ragas N Randall N Ray
Reaves N Reece N Reed N Reese E Reichert N Rice

Y Richardson N Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett N Scheid N Scott N Shanahan N Shaw N Shipp N Sholar N Sims N Sinkfield N Skipper N Smith, B N Smith, C N Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre N Snelling N Snow N Squires

N Stallings N Stancil N Stanley, P N Stanley-Turner N Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Tolbert
Trense N Turnquest N Twiggs N Untennan N Walker, L N Walker, R.L N Watson N West N Westmoreland N Whitaker N Wiles N Williams, J N Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 12, nays 157.
The amendment was lost.
The following amendments were read and adopted:
Representative Walker of the 141st moves to amend the Committee substitute to HB 278 as follows: By deleting the words "posted or" on line 27 on page 2 and by adding after the word "meeting" on line 28 on page 2 the words "and shall be posted, at a minimum at some time during the two week period immediately prior to the meeting."
Representatives Porter of the 143rd, Jamieson of the 22nd and Crawford of the 129th move to amend the Committee substitute to HB 278 by striking line 3 of page 1 and inserting in place thereof the following:
"as to change the definitions of the terms 'agency' and 'meeting"; to". By striking line 24 of page 1 and inserting in place thereof the following:
"by striking in their entirety paragraphs (1) and (2) of subsection (a)". By striking lines 27 and 28 of page 1 and inserting in place thereof the following: "inserting in lieu thereof new paragraphs (1) and (2) to read as follows:
'(1) "Agency" means: (A) Every state department, agency, board, bureau, commission, public corporation, and authority; (B) Every county, municipal corporation, school district, or other political subdivision of this state;

THURSDAY, FEBRUARY 11, 1999

397

(C) Every department, agency, board, bureau, commission, authority, or similar body of each such county, municipal corporation, or other political subdivision of the state;
(D) Every city, county, regional, or other authority established pursuant to the laws of this state; and
(E) Any nonprofit organization to which there is a direct allocation of tax funds made by the governing authority of any agency as defined in this paragraph and which allocation constitutes more than 33 1/3 percent of the funds from all sources of such organization; provided, however, this subparagraph shall not include hospitals, nursing homes, dispensers of pharmaceutical products, or any other type organization, person, or firm furnishing medical or health services to a citizen for which they receive reimbursement from the state whether directly or indirectly; nor shall this term include a subagency or affiliate of such a nonprofit organization from or through which the allocation of tax funds is made."
By striking the quotation mark on line 29 of page 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:

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong
Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck E Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell
Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean
Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart
Epps
Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall
Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins E Jennings Y Jones Y Joyce Y Kaye
Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning
Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y OTCeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag E Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray
Reaves Y Reece Y Reed Y Reese E Reichert Y Rice N Richardson Y Roberts Y Rogers
Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw
Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense
Y Tumquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 169, nays 1.

398

JOURNAL OF THE HOUSE

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

Representative Epps of the 131st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 279. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide for conditions of disclosure of records received or maintained by private persons or private entities performing services for public entities; to change provisions relating to the time and manner in which custodians of records must respond to requests for inspection.
The following Committee substitute was read and withdrawn:
A BILL
To amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide for conditions of disclosure of records received or maintained by private persons or private entities performing services for public entities; to change provisions relating to the time and manner in which custodians of records must respond to requests for inspection; to require provision of access to computer records by electronic means under certain conditions; to provide what fees may be charged for electronic access to records; to provide that where inspection is refused the custodian must make a binding explanation of the reasons for denial; to define a criminal offense of knowing and willful failure or refusal to provide access to records and provide for punishment therefor; 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 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, is amended in Code Section 50-18-70, relating to inspection of public records in general, by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) As used in this article, the term 'public record' shall mean all documents, papers, letters, maps, books, tapes, photographs, computer based or generated information, or similar material prepared and maintained or received in the course of the operation of a public office or agency. 'Public record' shall also mean such items received or maintained by a private person or entity on behalf of a public office or agency which are not otherwise subject to protection from disclosure; provided, however, this Code section shall be construed to disallow an agency's placing or causing such items to be placed in the hands of a private person or entity for the purpose of avoiding disclosure. Records received or maintained by a private person, firm, corporation, or other private entity in the performance of a service or function for or on behalf of an agency, a public agency, or a public office shall be subject to disclosure to the same extent that such records would be subject to disclosure if received or maintained by such agency, public agency, or public office. As used in this article, the term 'agency' or 'public agency' or 'public office' shall have the same meaning and application as provided for in the definition of the term 'agency' in paragraph (1) of subsection (a) of Code Section 50-14-1 and shall additionally include any association, corporation, or other similar organization which: (1) has a membership or ownership body composed primarily of

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counties, municipal corporations, or school districts of this state or their officers or any combination thereof; and (2) derives a substantial portion of its general operating budget from payments from such political subdivisions."
SECTION 2.
Said article is further amended in said Code Section 50-18-70 by striking subsection (f) and inserting in its place new subsections (f) and (g) to read as follows:
"(f) The individual in control of such public record or records shall have a rcaaonablc amount of time have up to three business days to determine whether or not the record or records requested are subject to access under this article. In no event shall this time exceed three buaincoo days. At the conclusion of three business days, records responsive to the request shall be produced if available, and where further responsive records exist but are not available at the conclusion of the three-day period, a written description of such records, together with a timetable for their production, shall be provided within that period; provided, however, that records not subject to inspection under this article need not be produced or described other than as required by subsection (h) of Code Section 50-18-72, and no records need be produced if the public officer or agency in control of such records shall have obtained, within that period of three business days, an order of a superior court of this state staying or refusing the requested access as to such records.
(g) Records maintained by computer shall be made available where practicable by electronic means, including Internet access, subject to reasonable security restrictions preventing access to nonrequested or nonavailable records, at the request of the person, firm, corporation, or other entity requesting such records."
SECTION 3.
Said article is further amended by striking Code Section 50-18-71.2, relating to notice of estimated copying costs, and inserting in its place a new Code section to read as follows:
"50-18-71.2.

Any agency receiving a request for public records shall be required to notify the party making the request of the estimated cost of the copying, search, retrieval, and other administrative fees authorized by Code Section 50-18-71 as a condition of compliance with the provisions of this article prior to fulfilling the request as a condition for the assessment of any fee; provided, however, that no new fees other than those directly attributable to providing access shall be assessed where records are made available by electronic means."
SECTION 4.
Said article is further amended in Code Section 50-18-72, relating to exemptions from and construction of the public records law, by adding a new subsection (h) to read as follows:
"(h) Within the three business days applicable to response to a request for access to records under this article, the public officer or agency having control of such record or records, if access to such record or records is denied in whole or in part, shall specify in writing the specific legal authority exempting such record or records from disclosure, by Code section, subsection, and paragraph. No addition to or amendment of such designation shall be permitted thereafter or in any proceeding to enforce the terms of this article, and, in the event that such designation includes provisions not relevant to the subject matter of the request, costs and reasonable attorney's fees may be awarded pursuant to Code Section 50-18-73."

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JOURNAL OF THE HOUSE

SECTION 5.
Said article is further amended by striking "Reserved." from Code Section 50-18-74 and enacting a new Code Section 50-18-74 to read as follows:
"50-18-74.

Any person knowingly and willfully violating the provisions of this article by failing or refusing to provide access to records not subject to exemption from this article or by failing or refusing to provide access to such records within the time limits set forth in this article shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $100.00."
SECTION 6.
This Act shall become effective July 1, 1999.
SECTION 7.
All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Smith of the 175th, was read and adopted:
A BILL
To amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide for conditions of disclosure of records received or maintained by private persons or private entities performing services for public entities; to change provisions relating to the time and manner in which custodians of records must respond to requests for inspection; to require provision of access to computer records by electronic means under certain conditions; to provide what fees may be charged for electronic access to records; to provide that where inspection is refused the custodian must make a binding explanation of the reasons for denial; to define a criminal offense of knowing and willful failure or refusal to provide access to records and provide for punishment therefor; 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 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, is amended in Code Section 50-18-70, relating to inspection of public records in general, by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) As used in this article, the term 'public record' shall mean all documents, papers, letters, maps, books, tapes, photographs, computer based or generated information, or similar material prepared and maintained or received in the course of the operation of a public office or agency. 'Public record' shall also mean such items received or maintained by a private person or entity on behalf of a public office or agency which are not otherwise subject to protection from disclosure; provided, however, this Code section shall be construed to disallow an agency's placing or causing such items to be placed in the hands of a private person or entity for the purpose of avoiding disclosure. Records received or maintained by a private person, firm, corporation, or other private entity in the performance of a service or function for or on behalf of an agency, a public agency, or a public office shall be subject to disclosure to the same extent that such records would be subject to disclosure if received or maintained by such agency, public agency, or public office. As used in this article, the term 'agency' or 'public agency' or 'public office' shall have the same meaning and application as provided for

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in the definition of the term 'agency' in paragraph (1) of subsection (a) of Code Section 50-14-1 and shall additionally include any association, corporation, or other similar organization which: (1) has a membership or ownership body composed primarily of counties, municipal corporations, or school districts of this state or their officers or any combination thereof; and (2) derives a substantial portion of its general operating budget from payments from such political subdivisions."
SECTION 2.
Said article is further amended in said Code Section 50-18-70 by striking subsection (f) and inserting in its place new subsections (f) and (g) to read as follows:
"(f) The individual in control of such public record or records shall have a reasonable amount of time to determine whether or not the record or records requested are subject to access under this article and to permit inspection and copying. In no event shall this time exceed three business days. Where responsive records exist but are not available within three business days of the request, a written description of such records, together with a timetable for their inspection and copying, shall be provided within that period; provided, however, that records not subject to inspection under this article need not be made available for inspection and copying or described other than as required by subsection (h) of Code Section 50-18-72, and no records need be made available for inspection or copying if the public officer or agency in control of such records shall have obtained, within that period of three business days, an order based on an exception in this article of a superior court of this state staying or refusing the requested access to such records.
(g) Records maintained by computer shall be made available where practicable by electronic means, including Internet access, subject to reasonable security restrictions preventing access to nonrequested or nonavailable records, at the request of the person, firm, corporation, or other entity requesting such records."
SECTION 3.
Said article is further amended by striking Code Section 50-18-71.2, relating to notice of estimated copying costs, and inserting in its place a new Code section to read as follows:
"50-18-71.2.

Any agency receiving a request for public records shall be required to notify the party making the request of the estimated cost of the copying, search, retrieval, and other administrative fees authorized by Code Section 50-18-71 as a condition of compliance with the provisions of this article prior to fulfilling the request as a condition for the assessment of any fee; provided, however, that no new fees other than those directly attributable to providing access shall be assessed where records are made available by electronic means."
SECTION 4.
Said article is further amended in Code Section 50-18-72, relating to exemptions from and construction of the public records law, by adding a new subsection (h) to read as follows:
"(h) Within the three business days applicable to response to a request for access to records under this article, the public officer or agency having control of such record or records, if access to such record or records is denied in whole or in part, shall specify in writing the specific legal authority exempting such record or records from disclosure, by Code section, subsection, and paragraph. No addition to or amendment of such designation shall be permitted thereafter or in any proceeding to enforce the terms of this article; provided, however, that such designation may be amended or

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supplemented one time within five days of discovery of an error in such designation or within five days of the institution of an action to enforce this chapter, whichever is sooner. In the event that such designation includes provisions not relevant to the subject matter of the request, costs and reasonable attorney's fees may be awarded pursuant to Code Section 50-18-73."
SECTION 5.
Said article is further amended by striking "Reserved." from Code Section 50-18-74 and enacting a new Code Section 50-18-74 to read as follows:
"50-18-74.

(a) Any person knowingly and willfully violating the provisions of this article by failing or refusing to provide access to records not subject to exemption from this article or by failing or refusing to provide access to such records within the time limits set forth in this article shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $100.00.

(b) A prosecution under this Code section may only be commenced by issuance of a citation in the same manner as an arrest warrant for a peace officer pursuant to Code Section 17-4-40, which citation shall be personally served upon the accused. The defendant shall not be arrested prior to the time of trial, except that a defendant who fails to appear for arraignment or trial may thereafter be arrested pursuant to a bench warrant and required to post a bond for his or her future appearance."

SECTION 6. This Act shall become effective July 1, 1999.

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

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

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

Alien Anderson Ashe
Bailey Bannister Barnard Barnes Benefield
Birdsong
Bohannon
Bordeaux
Borders Bridges Brooks Brown Buck Buckner Bulloch Bunn
Burkhalter Byrd Callaway Campbell
Cash
Channell

Y Childers Y Clark
Y Coan
Y Coleman, B Y Coleman, T Y Connell
Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day
Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton

Y Floyd
Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin
Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B

Y Jackson, L Y James Y Jaroieson Y Jenkins E Jennings Y Jones Y Joyce Y Kaye Y Lane
Y Lewis Y Lord Y Lucas
Y Maddox Y Mann Y Manning Y Martin, J
Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley

Y Morris Y Mosley Y Mueller
Y CCNeal
Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Y Poag E Ponder
Y Porter Y Powell Y Purcell Y Ragas
Y Randall
Y Ray Reaves
Y Reece Y Reed Y Reese E 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 Shipp

THURSDAY, FEBRUARY 11, 1999

Y Sholar Y Sims Y Sinkfield Y Skipper
Y Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P
Y Stanley-Turner Y Stephens Y Stokes

Y Stuckey Y Taylor Y Teague Y Teper
Y Tillman Y Tolbert Y Trense
Turnquest
Y Twiggs Y Unterman Y Walker, L

403
Y Walker, R.L Y Watson Y West Y Westmorland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 172, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Turnquest of the 73rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
The following Resolutions of the House were read and referred to the Committee on Rules: HR 291. By Representative Tillman of the 173rd:
A resolution commending the Glynn Academy High School football team and inviting the team and coaches to appear before the House of Representatives.
HR 292. By Representative Rogers of the 20th: A resolution recognizing Gainesville High School and its outstanding athletic program and inviting the championship teams and their coaches to appear before this body.
HR 293. By Representative Coleman of the 80th: A resolution recognizing the Atlanta Chapter of the National Association of Watch and Clock Collectors and inviting Bernie Tekippe, Ward Francillon, and Chris Martin to appear before this body.

Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

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

HE 261 Do Pass, by Substitute HB 262 Do Pass HB 264 Do Pass, by Substitute

HB 292 Do Pass HB 397 Do Pass, by Substitute

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

Representative Porter of the 143rd District, Chairman of the Committee on University System of Georgia, submitted the following report:

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Mr. Speaker:
Your Committee on University System of Georgia has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 330 Do Pass
Respectfully submitted, /s/ Porter of the 143rd
Chairman

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

Mr. Speaker:

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

HB 82 Do Pass HB 283 Do Pass, by Substitute

HB 388 Do Pass HB 470 Do Pass

Respectfully submitted, /s/ Buck of the 135th
Chairman

The Speaker announced the House in recess subject to the call of the Chair. The House will convene at 10:00 o'clock the next legislative day.

FRIDAY, FEBRUARY 12, 1999

405

Representative Hall, Atlanta, Georgia Friday, February 12, 1999

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend J. Howard Cobble, Pastor, Tabernacle Baptist Church, Carrollton, 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 Resolution of the House were introduced, read the first time and referred to the committees: HB 589. By Representative Hammontree of the 4th:
A bill to amend Code Section 20-2-155 of the Official Code of Georgia Annotated, relating to the school climate management and in-school suspension programs, so as to require notice to a student's parent or guardian of the student's assignment to in-school suspension.
Referred to the Committee on Education.
HB 590. By Representative McKinney of the 51st: A bill to amend an Act requiring the tax commissioner of Fulton County to receive tax returns for the City of Atlanta and setting the date for payment of taxes, so as to authorize Fulton County and the Fulton County Board of Education to establish a single due date for taxes due to state and each of said units of local government.
Referred to the Committee on State Planning & Community Affairs - Local.

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HB 591. By Representatives Martin of the 47th, Royal of the 164th, Irvin of the 45th, Holmes of the 53rd and Reed of the 52nd: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for creation of municipal and county code enforcement boards.
Referred to the Committee on State Planning & Community Affairs.
HB 592. By Representatives Skipper of the 137th and Royal of the 164th: 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 state sales and use tax, so as to change certain provisions regarding payment of the tax by contractors.
Referred to the Committee on Ways & Means.
HB 593. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Code Section 47-23-106 of the Official Code of Georgia Annotated, relating to county supplement of retirement benefits under the Georgia Judicial Retirement System, so as to provide that a county which supplements the salary of juvenile court judges may, but is not required, to supplement the retirement allowance of retired juvenile court judges.
Referred to the Committee on Retirement.
HB 594. By Representatives Heard of the 89th, McBee of the 88th and Hudgens of the 24th: A bill to amend Code Section 15-10-82 of the Official Code of Georgia Annotated, relating to the hearing fee on applications for search or arrest warrants or deposit account fraud citations, so as to change the maximum amount of such fee; to provide that no warrant or citation shall be issued for deposit account fraud totaling $25.00 or less.
Referred to the Committee on Special Judiciary.
HB 595. By Representatives Williams of the 114th, Channell of the lllth, Coleman of the 142nd and Parrish of the 144th: A bill to amend Code Section 37-2-5 of the Official Code of Georgia Annotated, relating to appointments to regional mental health, mental retardation, and substance abuse boards, so as to provide for confirmation of such appointments.
Referred to the Committee on Health & Ecology.
HB 596. By Representatives Mobley of the 69th, Brooks of the 54th, Watson of the 70th and Hugley of the 133rd: A bill to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to provide that students eligible for certain federal grants shall not be ineligible for HOPE scholarships for certain purposes.
Referred to the Committee on Education.
HB 597. By Representatives Hammontree of the 4th and Shanahan of the 10th: A bill to amend Code Section 15-6-61 of the Official Code of Georgia Annotated, relating to duties of clerks of superior courts, so as to require clerks

FRIDAY, FEBRUARY 12, 1999

407

of superior courts to maintain and make readily available to the public printed copies of the real estate grantor and grantee indices.
Referred to the Committee on Judiciary.
HB 598. By Representatives Skipper of the 137th, Buck of the 135th, Jamieson of the 22nd and Royal of the 164th: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition and rate of income taxes, so as to provide for a tax credit for employers who employ recipients of temporary assistance for needy families.
Referred to the Committee on Ways & Means.
HB 599. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Code Section 47-6-81 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Georgia Legislative Retirement System, so as to provide that when a member elects spouses' survival option and the spouse predeceases the member or the member and the spouse divorce prior to the member's death, the retirement allowance payable to the retired member shall be equal to the maximum retirement allowance that the retired member would have been entitled to receive if he or she had not made such election.
Referred to the Committee on Retirement.
HB 600. By Representatives Williams of the 114th and Lane of the 146th: A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to provide for the licensing of mental health therapists and associate mental health therapists.
Referred to the Committee on Health & Ecology.
HB 601. By Representative Buck of the 135th: A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to change certain provisions regarding the calculation of the retirement income exclusion with respect to a married couple filing a joint return.
Referred to the Committee on Ways & Means.
HB 602. By Representatives Jackson of the 112th, Powell of the 23rd and Walker of the 141st: A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to regulation of the practice of auctioneers, so as to change the provisions relating to the qualifications of applicants for a license to practice as an auctioneer.
Referred to the Committee on Industry.
HB 603. By Representatives Stallings of the 100th and West of the 101st: A bill to amend an Act providing a new charter for the City of Villa Rica, so as to increase the penalties the municipal court is authorized to impose.
Referred to the Committee on State Planning & Community Affairs - Local.

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HB 604. By Representatives Buckner of the 95th, Orrock of the 56th, Childers of the 13th, Coleman of the 142nd, Henson of the 65th 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 for a short title; to provide for legislative findings; to provide definitions; to require health insurers to provide coverage for a minimum of inpatient care following a mastectomy or lymph node dissection.
Referred to the Committee on Insurance.
HB 605. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
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 enact the "Improved Student Learning Environment and Discipline Act of 1999".
Referred to the Committee on Education.
HB 606. By Representatives McClinton of the 68th, Mobley of the 69th and Stuckey of the 67th:
A bill to amend an Act creating a new charter for the City of Decatur, in DeKalb County, so as to enhance the powers, duties, and rights of the Board of Education of the City of Decatur so as to reconstitute the board of education to contract for short-term debt.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 607. By Representatives Stephens of the 150th, DeLoach of the 172nd and Purcell of the 147th:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit for active members of the Georgia National Guard.
Referred to the Committee on Ways & Means.
HB 608. By Representatives McCall of the 90th, Benefield of the 96th, Massey of the 86th and Stancil of the 16th:
A bill to amend Article 2 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to motor vehicle emission inspection and maintenance, so as to change the powers and duties of the Board of Natural Resources; to provide that inspection stations may charge an inspection fee based on the free market.
Referred to the Committee on Natural Resources & Environment.
HB 609. By Representatives Stuckey of the 67th, McClinton of the 68th and Mobley of the 69th:
A bill to amend Code Section 48-5-359.1 of the Official Code of Georgia Annotated, relating to contracts authorizing assessments and collection of municipal ad valorem taxes and digest preparation by the county tax commissioner, so as to authorize such contracts with respect to municipalities partially located within such county.
Referred to the Committee on Ways & Means.

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409

HB 610. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions with respect to income taxes, so as to increase the income tax credit for the cost of operation of employer provided or employer sponsored child care; to provide an income tax credit to employers who construct on-site qualified child care facilities.
Referred to the Committee on Ways & Means.
HB 611. By Representative Stuckey of the 67th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for homeowner tax relief grants to counties and local school districts.
Referred to the Committee on Ways & Means.
HB 612. By Representatives Massey of the 86th, Jones of the 71st, Hudgens of the 24th, Rice of the 79th, Jackson of the 112th and others: A bill to amend Code Section 16-12-80 of the Official Code of Georgia Annotated, relating to distributing obscene material, so as to provide that the term "obscene material" may include sound recordings.
Referred to the Committee on Special Judiciary.
HB 613. By Representatives Jenkins of the 110th, Porter of the 143rd and Holland of the 157th:
A bill to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to provide that under certain conditions the Georgia Crime Information Center is authorized to disseminate electronically criminal history records of in-state felony convictions, pleas, and sentences to private persons, businesses, public agencies, and political subdivisions upon request without fingerprint comparison or consent of the person who records are requested.
Referred to the Committee on Public Safety.
HB 614. By Representatives Jenkins of the 110th, Smith of the 109th and Holland of the 157th:
A bill to amend Code Section 47-2-111 of the Official Code of Georgia Annotated, relating to retirement allowance for certain members of the Employees' Retirement System of Georgia, so as to provide for a retirement age for sworn peace officers employed by the Georgia Public Safety Training Center and the Georgia Emergency Management Agency.
Referred to the Committee on Retirement.
HB 615. By Representatives Jenkins of the 110th, Porter of the 143rd, Parham of the 122nd and Smith of the 109th:
A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that membership dues shall be due on a certain date; to provide that membership dues shall not be required after payment for 20 years.
Referred to the Committee on Retirement.

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HB 616. By Representatives Cummings of the 27th and Shanahan of the 10th:
A bill to amend Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law," so as to define certain terms; to amend the minimum funding standards applicable to public retirement standards to ensure compliance with federal law.
Referred to the Committee on Retirement.

HB 617. By Representatives 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, so as to enact the "Public Retirement Systems Investment Authority Law".
Referred to the Committee on Retirement.

HB 618. By Representatives Buck of the 135th and Royal of the 164th:
A bill to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to imposition of the special county 1 percent sales and use tax, so as to authorize the tax to be imposed for and proceeds of the tax to be expended for major capital equipment.
Referred to the Committee on Ways & Means.
HB 619. By Representative Wiles of the 34th:
A bill to amend Part 2 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, the "Tax Deferral for the Elderly Act," so as to provide for an additional tax deferral in every county in this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census.
Referred to the Committee on Ways & Means.

HB 620. By Representative Stuckey of the 67th:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem taxation, so as to provide an exemption for property which is owned by a nonprofit corporation and leased to the Department of Labor for use in fulfilling the department's activities.
Referred to the Committee on Ways & Means.
HB 621. By Representative Stuckey of the 67th:
A bill to amend Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, so as to create a limited exception for purchases of real property by the Georgia Department of Labor in the fulfillment of its duties.
Referred to the Committee on Ways & Means.
HB 622. By Representatives Day of the 153rd, Stephens of the 150th, Ashe of the 46th, Harbin of the 113th, Bannister of the 77th and others:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to authorize additional appeals of certain erroneous assessments; to provide for alternate

FRIDAY, FEBRUARY 12, 1999

411

methods of providing notice of assessment; to provide for additional information and disclosures which must be provided to the taxpayer.
Referred to the Committee on Ways & Means.
HB 623. By Representatives Sims of the 167th and Channell of the lllth: A bill to amend Code Section 48-5-491 of the Official Code of Georgia Annotated, relating to ad valorem taxation of mobile homes owned and held by dealers, so as to provide that the assessed value of such mobile homes for ad valorem tax purposes shall be 50 percent of the invoice value for each such mobile home as reflected on the manufacturer's invoice.
Referred to the Committee on Ways & Means.
HB 624. By Representatives Day of the 153rd, Stephens of the 150th, Ashe of the 46th, Mueller of the 152nd, Tolbert of the 25th and others: A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to authorize additional appeals of certain erroneous assessments; to change certain provisions with respect to certain values which are established by appeal.
Referred to the Committee on Ways & Means.
HB 625. By Representatives Smyre of the 136th, Buck of the 135th, Connell of the 115th, Heard of the 89th, Alien of the 117th and others: A bill to amend Part 1 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special county 1 percent sales and use tax, so as to authorize the proceeds of such tax to be expended for operation and maintenance expenses of a consolidated government.
Referred to the Committee on Ways & Means.
HB 626. By Representatives Sims of the 167th, Heard of the 89th, Shaw of the 176th, Hanner of the 159th, Channell of the lllth and others: A bill to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to imposition of the special county 1 percent sales and use tax, so as to authorize the tax to be imposed for and proceeds of the tax to be expended for the purpose of providing hospital services or indigent patient care services.
Referred to the Committee on Ways & Means.
HB 627. By Representatives Greene of the 158th, Stanley of the 50th, Ray of the 128th, Floyd of the 138th and Benefield of the 96th: A bill to amend Code Section 48-5-183 of the Official Code of Georgia Annotated, relating to minimum salaries of tax collectors and tax commissioners, so as to provide for additional increases in compensation.
Referred to the Committee on State Planning & Community Affairs.
HB 628. By Representatives Hugley of the 133rd and Taylor of the 134th: A bill to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student discipline, so as to require local boards of education to file annual reports with the State Board of Education regarding student discipline actions.
Referred to the Committee on Education.

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HB 629. By Representatives Wiles of the 34th and Hammontree of the 4th:

A bill to amend Article 5 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to fees and costs in the magistrate courts, so as to change the filing fee for filing a civil action; to change the fee for issuance of a writ of fieri facias; to authorize the magistrate courts to charge additional fees for certain specific services.

Referred to the Committee on Judiciary.

HB 630. By Representatives Lucas of the 124th, Walker of the 141st, Murphy of the 18th, Smyre of the 136th, Buck of the 135th and others:
A hill to amend Article 2 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to administrative space management, so as to require each state entity to submit an inventory of building space leased by such entity from a public or private entity to the Department of Administrative Services.
Referred to the Committee on State Institutions & Property.

HB 631. By Representatives Sauder of the 29th, Channell of the lllth, Powell of the 23rd, Tolbert of the 25th, Martin of the 145th and others:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance, so as to provide for the payment of inpatient hospital claims.
Referred to the Committee on Appropriations.

HR 294. By Representatives Massey of the 86th, Hegstrom of the 66th, Stuckey of the 67th, Franklin of the 39th, Unterman of the 84th and others:
A resolution creating the House Study Committee on Sexual Abuse of Children.
Referred to the Committee on Rules.

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

HB 563 HB 564 HB 565

HB 566 HB 567 HB 568

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413

HB 569 HB 570 HB 571 HB 572 HB 573 HB 574 HB 575 HB 576 HB 577 HB 578 HB 579 HB 580 HB 581

HB 582 HB 583 HB 584 HB 585 HB 586 HB 587 HB 588 HR 286 HR 287 HR 288 SB 76 SB 95 SR 88

Pursuant to Rule 52, Representative Skipper of the 137th moved that the following Bill of the House be engrossed:
HB 567. By Representatives Skipper of the 137th, Buck of the 135th, Jamieson of the 22nd, Felton of the 43rd, Irvin of the 45th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales to housing authorities; to provide for an exemption for certain sales to or by nonprofit organizations having as their primary purpose the raising of funds for books, materials, and programs for public libraries; to provide for an exemption with respect to the sale or use of wheelchairs and certain related equipment.

The motion prevailed.

Pursuant to Rule 52, Representative Skipper of the 137th moved that the following Bill of the House be engrossed:
HB 568. By Representatives Skipper of the 137th, Buck of the 135th, Jamieson of the 22nd, Felton of the 43rd, Irvin of the 45th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales to housing authorities; to provide for an exemption with respect to sales by or to certain churches, religious institutions, or religious denominations; to provide for an exemption for certain sales to or by nonprofit organizations.

The motion prevailed.

Pursuant to Rule 52, Representative Dixon of the 168th moved that the following Bill of the House be engrossed:
HB 587. By Representative Dixon of the 168th:
A bill to amend Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to habitual violators and probationary drivers' licenses, so as to provide that certain fees applicable to Class C drivers' licenses shall be applicable to replacements for lost or destroyed probationary drivers' licenses.

The motion prevailed.

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

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 143 Do Pass, by Substitute HB 474 Do Pass HB 475 Do Pass
Respectfully submitted, /s/ Coleman of the 142nd
Chairman

Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 482 Do Pass, by Substitute
Respectfully submitted, /s/ Martin of the 47th
Chairman

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

Mr. Speaker:

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

HB 544 Do Pass HB 547 Do Pass HB 554 Do Pass

HB 555 Do Pass HB 559 Do Pass

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

The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR FRIDAY, FEBRUARY 12, 1999
Mr. Speaker and Members of the House:

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415

The Committee on Rules has fixed the calendar for this 20th Legislative Day as enumerated below:
HB 155 Oconee Judicial Circuit; terms of court HB 183 Boats on Tugalo Lake; power; limitations; exceptions HB 233 Laura S. Walker Lake; change motor-boating hours HB 361 SE Railway Museum; official state transportation history museum HB 439 Motor vehicles; registration of apportionable vehicles
HR 209 "Rubert Hogan Bridge"; designate HR 214 "William Lovel Lanier, Sr., Highway"; designate
Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, Isl Smyre of the 136th
Chairman
Representative Smith of the 109th moved that HB 559 be withdrawn from the Local Calendar and recommitted to the Committee on State Planning and Community Affairs - Local.
The motion prevailed.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 544. By Representative Hudgens of the 24th:
A bill to amend an Act providing a new charter for the City of Danielsville, so as to change provisions relating to the organizational meeting of the mayor and council; to correct and change certain numerical references in the Act; to revise and restate the term of the mayor.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 547. By Representatives Manning of the 32nd, Wiles of the 34th, Sauder of the 29th, Cooper of the 31st, Shipp of the 38th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 554. 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.

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HB 555. By Representative Birdsong of the 123rd:
A bill to amend an Act creating a Board of Commissioners of Twiggs County, so as to change provisions relating to the compensation and expenses of the members of the board.

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

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

Y Alien Y Anderson Y Ashe
Bailey Y Bannister
Y Barnard Y Bames Y Benefield
Birdsong Bohannon Y Bordeaux
Borders
Y Bridges Y Brooks Y Brown Y Buck E Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers
Y Clark Y Coan Y Coleman, B
Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Dean
Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart
Epps
Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene
Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom
Hembree Y Henson Y Holland
Holmes
Houston Y Howard Y Hudgens
Y Hudson, H Y Hudson, N

Y Hugley
Y Irvin Jackson, B
Y Jackson, L Y James
Y Jamieson Y Jenkins Y Jennings Y Jones
Joyce Y Kaye
Y Lane Y Lewis Y Lord
Lucas Y Maddox
Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey
Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller
Y O'Neal Y Orrock
Parham
Y Parrish
Y Parsons

Y Pelote
Y Pinholster
Y Poag
E Ponder
Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Scheid Scott Y Shanahan Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.H Y Smith, P
Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor E Teague
Teper Y Tillman Y Tolbert Y Trense
Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L
Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bills, the ayes were 148, nays 0. The Bills, having received the requisite constitutional majority, were passed.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: SB 73. By Senators Brush of the 24th and Bowen of the 13th:
A bill to amend Article 1 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to magistrate courts, so as to provide jurisdiction of magistrate courts in cases in which a

FRIDAY, FEBRUARY 12, 1999

417

person is charged with a misdemeanor under Code Section 25-2-38, relating to violations under Chapter 2 of Title 25 or failing or refusing to comply with any regulation promulgated under said chapter.
SB 105. By Senator Kemp of the 3rd:
A bill to amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the state sexual offender registry, so as to change definitions; to provide for registration of any Georgia resident convicted under the laws of another state or territory, the United States, or the Uniform Code of Military Justice of a sexually violent offense or a criminal offense against a victim who is a minor.
SB 111. By Senators Hecht of the 34th, Meyer von Bremen of 12th and Starr of the 44th:
A bill to amend Code Section 35-6A-4 of the Official Code of Georgia Annotated, relating to the election of chairman and vice-chairman and meetings of the Criminal Justice Coordinating Council, so as to authorize the Criminal Justice Coordinating Council to transact and carry out through appointed committees the business of the council when serving pursuant to Chapter 15 of Title 17 as the Georgia Crime Victims Compensation Board.
SB 113. By Senators Starr of the 44th, Walker of the 22nd, Kemp of the 3rd 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 1999"; to provide enhanced penalties for the commission of offenses of simple assault, aggravated assault, simple battery, and aggravated battery against persons in a domestic context.
SB 135. By Senators Thompson of the 33rd, Tanksley of the 32nd and Lamutt of the 21st:
A bill to amend an Act entitled the "Cobb County Community Improvement Districts Act," as amended, so as to change certain provisions relating to purposes of community improvement districts.
SB 136. By Senators Thompson of the 33rd, Tanksley of the 32nd and Lamutt of the 21st:
A bill to amend an Act entitled the "Cobb County Community Improvement Districts Act," as amended, so as to clarify the purpose of the Act.
HB 277. By Representative Coleman of the 80th:
A bill to provide a new charter for the City of Berkeley Lake.
The Senate has passed, by substitute, by the requisite constitutional majority the following bill of the House:
HB 197. By Representative Floyd of the 138th:
A bill to provide for the consolidation of the existing governments of the City of Hawkinsville and Pulaski County.
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 109. By Senators Walker of the 22nd, Starr of the 44th and Hecht of the 34th:
A bill to amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Senate, so as to provide for the description of senatorial districts 34 and 44; to provide for related matters; to provide for an effective date.

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JOURNAL OF THE HOUSE

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 73. By Senators Brush of the 24th and Bowen of the 13th:
A bill to amend Article 1 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to magistrate courts, so as to provide jurisdiction of magistrate courts in cases in which a person is charged with a misdemeanor under Code Section 25-2-38, relating to violations under Chapter 2 of Title 25 or failing or refusing to comply with any regulation promulgated under said chapter.
Referred to the Committee on Judiciary.

SB 105. By Senator Kemp of the 3rd:
A bill to amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the state sexual offender registry, so as to change definitions; to provide for registration of any Georgia resident convicted under the laws of another state or territory, the United States, or the Uniform Code of Military Justice of a sexually violent offense or a criminal offense against a victim who is a minor.
Referred to the Committee on Public Safety.

SB 109. By Senators Walker of the 22nd, Starr of the 44th and Hecht of the 34th:
A bill to amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Senate, so as to provide for the description of senatorial districts 34 and 44; to provide for related matters; to provide for an effective date.
Referred to the Committee on Legislative & Congressional Reapportionment.

SB 111. By Senators Hecht of the 34th, Meyer von Bremen of the 12th and Starr of the 44th:
A bill to amend Code Section 35-6A-4 of the Official Code of Georgia Annotated, relating to the election of chairman and vice-chairman and meetings of the Criminal Justice Coordinating Council, so as to authorize the Criminal Justice Coordinating Council to transact and carry out through appointed committees the business of the council when serving pursuant to Chapter 15 of Title 17 as the Georgia Crime Victims Compensation Board.
Referred to the Committee on Public Safety.

SB 113. By Senators Starr of the 44th, Walker of the 22nd, Kemp of the 3rd 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 1999"; to provide enhanced penalties for the commission of offenses of simple assault, aggravated assault, simple battery, and aggravated battery against persons in a domestic context.
Referred to the Committee on Special Judiciary.

FRIDAY, FEBRUARY 12, 1999

419

SB 135. By Senators Thompson of the 33rd, Tanksley of the 32nd and Lamutt of the 21st: A bill to amend an Act entitled the "Cobb County Community Improvement Districts Act," as amended, so as to change certain provisions relating to purposes of community improvement districts.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 136. By Senators Thompson of the 33rd, Tanksley of the 32nd and Lamutt of the 21st: A bill to amend an Act entitled the "Cobb County Community Improvement Districts Act," as amended, so as to clarify the purpose of the Act.
Referred to the Committee on State Planning & Community Affairs - Local.

Representative Mills of the 21st arose to a point of personal privilege and addressed the House.
Representative Sanders of the 107th arose to a point of personal privilege and addressed the House.
Representative Cox of the 105th arose to a point of personal privilege and addressed the House.
Representative Cummings of the 27th arose to a point of personal privilege and addressed the House.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time: HB 183. By Representatives Twiggs of the 8th and Bridges of the 9th:
A bill to amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones and restrictions on use of motors and operation of house boats on certain lakes, so as to provide that with the exception of law enforcement or dam operation and maintenance craft, no motor in excess of 20 horsepower shall be used on any vessel being operated on Tugalo Lake.
The following Committee substitute was read and adopted: A BILL
To amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones and restrictions on use of motors and operation of house boats on certain lakes, so as to provide that with the exception of law enforcement or dam operation and maintenance craft, no motor in excess of 20 horsepower shall be used on any vessel being operated on Tugalo Lake; to provide for editorial revision; 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 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones and restrictions on use of motors and operation of house boats on certain lakes, is amended by striking subsection (f) in its entirety and inserting in lieu thereof the following:

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"(f) With the exception of law enforcement and scientific research or dam operation and maintenance craft, no motor in excess of 20 horsepower shall be used on any vessel being operated on Tugalo Lake.
(f>(g) The provisions of this Code section shall not apply to vessels engaged in any activity authorized under Code Section 52-7-19."
SECTION 2. This Act shall become effective July 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.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien
Anderson
Y Ashe Y Bailey Y Bannister
Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux
Borders Y Bridges Y Brooks Y Brown Y Buck E Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings
Y Davis, M

Y Davis, T Y Day Y Dean
Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd N Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Y Holmes
Houston
Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley
Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Y Jenkins Y Jennings
Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock
Y Parham Y Fairish Y Parsons

Pelote
Y Pinholster
Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall
Ray
Reaves Y Reece Y Reed Y Reese
Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper
Smith, B 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 Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor E Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs
Unterman Y Walker, L Y Walker, H.L Y Watson Y West Y Westmoreland Y Whitaker
Y Wiles
Williams, J Y Williams, R Y Wix
Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 160, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute.

FRIDAY, FEBRUARY 12, 1999

421

Representative Smith of the 91st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 361. By Representatives Coleman of the 80th, Benefield of the 96th, Coleman of the 142nd, Parrish of the 144th, Channell of the lllth and others: A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Southeastern Railway Museum as the official state transportation history museum.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Alien Anderson
Ashe Bailey Bannister Barnard Barnes
Benefield Birdsong Bohannon Bordeaux
Borders Bridges Brooks Brown Buck Buckner Bulloch Bunn Burkhalter Byrd Callaway Campbell Cash Channell Childers Clark
Coan Coleman, B Coleman, T Connell Cooper
Cox Crawford Y Cummings
Y Davis, M

Y Davis, T
Y Day Dean
Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall
Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Houston
Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L
James Y Jamieson Y Jenkins Y Jennings
Jones Y Joyce Y Have Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
Mueller CXNeal Y Orrock Y Parham Y Parrish Y Parsons

Pelote
Pinholster
Poag
Ponder Porter Powell Purcell Ragas Randall Ray Reaves
Reece Reed Reese Reichert Rice Richardson
Roberts
Rogers Royal Sanders Sauder
Scarlett Scheid Scott Shanahan Shaw Shipp
Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L

Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling
Snow
Squires
Stallings Stancil
Stanley, P
Stanley-Turner Stephens Stokes Stuckey Taylor
Teague
Teper
Tillman Tolbert Trense Turnquest
Twiggs Unterman Walker, L Walker, R.L Watson West Westmoreland Whitaker Wiles Williams, J Williams, R Wix 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 Jones of the 71st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 439. By Representatives Parham of the 122nd and Powell of the 23rd: A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to change

422

JOURNAL OF THE HOUSE

certain provisions relating to registration periods; to change certain provisions relating to reciprocal agreements for registration of commercial vehicles on apportionment basis; to amend Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fee and plates.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Alien
Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon
Bordeaux Borders Y Bridges Y Brooks Y Brown Y Buck E Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon
Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones
Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney
Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal
Orrock Y Parham Y Parrish Y Parsons

Pelote
Y Pinholster
Y Poag
Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall Ray
Reaves
Reece Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Scarlett Scheid Y Scott Y Shanahan Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires
Stallings Y Stancil
Y Stanley, P
Y Stanley-Turner Y Stephens Y Stokes
Y Stuckey Y Taylor E Teague Y Teper
Y Tillman Y Tolbert Y Trense
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland
Y Whitaker Y Wiles
Williams, J Y Williams, R Y Wix
Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 152, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Representative Smyre of the 136th assumed the Chair.
HB 233. By Representatives Dixon of the 168th and Shaw of the 176th: A bill to amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to prohibited acts generally relating to the use of state parks, historic sites, or recreational areas, so as to change motor-boating hours at Laura S. Walker Lake.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

FRIDAY, FEBRUARY 12, 1999

423

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

Y Alien Anderson
Y Ashe
Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux
Borders Y Bridges Y Brooks Y Brown Y Buck E Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark E Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix
Y Dixon
Dodson
Dukes Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell
Y Heard Heckstall Hegstrom
Y Hembree Y Henson Y Holland Y Holmes
Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Y Jenkins Y Jennings Y Jones
Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning
Martin, J Y Martin, J.L E Massey Y McBee Y McCall Y McClinton
McKinney
Y Millar Y Mills Y Mobley Y Morris Y Mosley
Y Mueller O'Neal
Y Orrock Y Parham
Y Parrish Y Parsons

Pelote Y Pinholster Y Poag
Ponder
Y Porter Y Powell Y Purcell Y Ragas
Randall Ray
Reaves
Y Reece Y Reed
Reese Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder
Scarlett Scheid Y Scott Y Shanahan Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor E Teague Y Teper Y Tillman Y Tolbert Y Trense
Turnquest
Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 152, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 214. By Representative Martin of the 145th: A resolution designating a portion of State Highway 121 as the "William Lovel Lanier, ST., Highway".
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Alien
Y Anderson Y Ashe Y Bailey Y Bannister
Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon
Y Bordeaux Borders

Y Bridges Y Brooks Y Brown Y Buck E Buckner Y Bulloch
Y Bunn
Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash

Y Channell Y Childers Y Clark E Coan Y Coleman, B Y Coleman, T
Y Connell
Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix
Dixon Y Dodson Y Dukes
Ehrhart
Y Epps Y Evans

Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell

424
Y Heard Heckstall
Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane

JOURNAL OF THE HOUSE

Y Lewis
Y Lord Y Lucas Y Maddox
Mann Y Manning Y Martin, J Y Martin, J.L E Massey Y McBee Y McCall Y McClinton
McKinney
Y Millar Y Mills Y Mobley Y Morris
Y Mosley Y Mueller Y CWeal Y Orrock
Y Parham Y Parrish Y Parsons

Pelote Y Pinholster
Poag
Ponder
Y Porter Y Powell Y Purcell Y Kagas
Randall Y Ray
Reaves Y Reece Y Reed Y Reese Y Reichert E Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders
Sauder Scarlett Scheid

Y Scott Y Shanahan
Shaw Y Shipp Y Sholar
Y Sims Y Sinkfield Y Skipper Y Smith, B 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 Y Snow Y Squires Y Stallings
Y Stancil Y Stanley, P Y Stanley-Turner

Stephens Y Stokes Y Stuckey Y Taylor E Teague Y Teper Y Tillman Y Tolbert Y Trense
Turnquest Y Twiggs
Unterman
Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 152, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 209. By Representatives Porter of the 143rd and Coleman of the 142nd: A resolution designating the bridge on State Highway 338 at Rocky Creek in Laurens County as the "Rubert Hogan Bridge".
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux
Borders Y Bridges Y Brooks Y Brown Y Buck E Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark E Coan

Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M
Y Davis, T Y Day Y Dean Y DeLoach, B
Y DeLoach, G Y Dix
Dixon Dodson
Y Dukes Y Ehrhart Y Epps
Evans Y Everett Y Felton Y Floyd Y Franklin
Y Golick Y Graves Y Greene Y Grindley

Y Hammontree
Hanner
Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Houston
Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins
Jennings Jones Y Joyce Y Kaye Y Lane

Y Lewis Y Lord
Lucas
Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L E Massey Y McBee Y McCall Y McClinton
McKinney
Y Millar Y Mills
Y Mobley Y Morris Y Mosley Y Mueller Y O-Neal Y Orrock Y Parham Y Parrish
Y Parsons Y Pelote Y Pinholster Y Poag
Ponder

Y Porter Y Powell Y Purcell Y Ragas
Randall
Y Ray Reaves
Y Reece Y Reed Y Reese Y Reichert E Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder
Scarlett
Scheid Y Scott Y Shanahan
Shaw
Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper

Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V

FRIDAY, FEBRUARY 12, 1999

Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P
Y Stanley-Turner

Y Stephens
Y Stokes Y Stuckey
Y Taylor E Teague Y Teper Y Tillman Y Tolbert

Y Trense Y Turnquest Y Twiggs
Unterman Y Walker, L Y Walker, R.L Y Watson Y West

425
Y Westmorland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 154, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 155. By Representatives Coleman of the 142nd and Byrd of the 170th: A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court for the superior courts, so as to change the terms of court for the counties of the Oconee Judicial Circuit; to provide for a grand jury for each term of court in such 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:

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux
Borders Y Bridges Y Brooks Y Brown Y Buck E Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark E Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix
Dixon
Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Hanner Y Harbin Y Harrell Y Heard
Heckstall
Y Hegstrom Y Hembree Y Henson Y Holland
Holmes
Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins
Jennings
Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann
Manning
Y Martin, J Y Martin, J.L E Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag
Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray
Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder
Scarlett
Scheid Y Scott Y Shanahan
Shaw Y Shipp Y Sholar Y Sims Y Sinkfield
Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

On the passage of the Bill, the ayes were 158, nays 0.

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings
Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
E Teague
Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

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The Bill, having received the requisite constitutional majority, was passed.
The following Resolutions of the House were read and referred to the Committee on Rules:

HR 295. By Representative Hudgens of the 24th:
A resolution commending Dr. O. G. Daniel and inviting him to appear before the House of Representatives.
HR 296. By Representatives Jamieson of the 22nd, Porter of the 143rd, Taylor of the 134th and O'Neal of the 75th:
A resolution recognizing and commending Bill Barr and inviting him to appear before the House of Representatives.
HR 297. By Representatives Jamieson of the 22nd, Parham of the 122nd, Parrish of the 144th, Channell of the lllth and Murphy of the 18th:
A resolution inviting Mrs. Robbie Camp to appear before the House of Representatives.
HR 298. By Representatives Lucas of the 124th, Smyre of the 136th and Porter of the 143rd:
A resolution commending Dr. Jean DeVard-Kemp and inviting her to appear before the House of Representatives.
The following Resolution of the House was read and adopted:

HR 301. By Representative Byrd of the 170th:
A resolution honoring Dr. and Mrs. Stanley Hill Merica on their golden wedding anniversary.

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

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 530 Do Pass, by Substitute HB 531 Do Pass, by Substitute
Respectfully submitted, /s/ Holmes of the 53rd
Chairman

Representative Smyre of the 136th District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

FRIDAY, FEBRUARY 12, 1999

427

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 292 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman
Pursuant to HR 8, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 15, 1999.

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Representative Hall, Atlanta, Georgia Monday, February 15, 1999

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Bishop Bruce W. Rollins, Pastor, Christian Fellowship Community Church, Inc., Lithonia, 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 632. By Representatives Lewis of the 14th, Childers of the 13th and Cummings
of the 27th: A bill to amend an Act entitled "An Act to reincorporate the City of Cartersville in the County of Bartow," so as to change provisions relative to the sale of a city-owned utility; to change certain provisions relative to the granting of franchises and contracts for public utilities. Referred to the Committee on State Planning & Community Affairs - Local.
HB 633. By Representative Byrd of the 170th: A bill to amend Code Section 8-2-20 of the Official Code of Georgia Annotated, relating to definitions relative to the adoption of certain state codes, so as to provide that state minimum standard codes shall not include the Standard Fire Prevention Code.
Referred to the Committee on Industry.

MONDAY, FEBRUARY 15, 1999

429

HB 634. By Representatives Stanley of the 50th, West of the 101st, Cummings of the 27th, Martin of the 47th, Byrd of the 170th and others:
A bill to amend Article 3 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dental hygienists, so as to change the provisions regarding qualifications for licenses.
Referred to the Committee on University System of Georgia.

HB 635. By Representatives Randall of the 127th and Dean of the 48th:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to the offense of driving under the influence of alcohol, drugs, or other intoxicating substances, so as to change certain penalty provisions applicable to a person who is convicted of a violation of said Code section.
Referred to the Committee on Special Judiciary.

HB 636. By Representative Lucas of the 124th:
A bill to amend Chapter 56 of Title 33 of the Official Code of Georgia Annotated, relating to risk-based capital levels for insurers, so as to allow the Commissioner to exempt certain insurers from the burdens of the chapter; to clarify the issue of extraterritorial jurisdiction.
Referred to the Committee on Insurance.

HB 637. By Representative Wiles of the 34th:
A bill to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlords and tenants, so as to permit leases for commercial space to include a provision accelerating the rent upon default by the tenant; to provide a definition; to provide for enforceability of such provision.
Referred to the Committee on Judiciary.

HB 638. By Representatives Hugley of the 133rd, Heard of the 89th and Taylor of the 134th:
A bill to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to require divorcing parties to file copies of insurance policies with court.
Referred to the Committee on Judiciary.

HB 639. By Representative Wiles of the 34th:
A bill to amend Code Section 40-6-391.2 of the Official Code of Georgia Annotated, relating to seizure and forfeiture of motor vehicle operated by habitual violator, so as to declare certain motor vehicles operated by persons whose drivers' licenses are under suspension or revocation pursuant to conviction for violating Code Section 40-6-391 and who are arrested and charged with an additional violation of Code Section 40-6-391 to be contraband and subject to forfeiture to the state.
Referred to the Committee on Special Judiciary.

HB 640. By Representative Wiles of the 34th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for requests that a hearing, trial, or other pro-

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ceeding be held before an elected judge of the superior or state court, as the case may be.
Referred to the Committee on Judiciary.
HB 641. By Representatives Martin of the 145th and Lane of the 146th: A bill to amend an Act revising and consolidating provisions relating to the probate judge, sheriff, clerk of superior court, and tax commissioner of Bulloch County and their offices and personnel therein, so as to provide for cost-of-living and longevity increases in the salary of the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 642. By Representatives Randall of the 127th, Dean of the 48th and Holmes of the 53rd: A bill to amend Code Section 19-13-4 of the Official Code of Georgia Annotated, relating to protective orders and consent agreements, so as to provide that in situations where a protective restraining order is issued in connection with family violence, subsequent contact initiated by the person granted the order shall not constitute contempt on the part of the person against whom the order was issued.
Referred to the Committee on Special Judiciary.
HB 643. By Representative Teper of the 61st: A bill to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to remove provisions relating to the appointment of a jury clerk and other personnel in certain counties; to remove redundant provisions; to provide that the judges of any county by majority vote may appoint a jury clerk and other court personnel.
Referred to the Committee on Judiciary.
HB 644. By Representative Reese of the 85th: A bill to create a new charter for the City of Suwanee.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 299. By Representative Parrish of the 144th: A resolution ratifying the alteration of regional development center boundaries established by the Board of Community Affairs.
Referred to the Committee on State Planning & Community Affairs.

HR 300. By Representatives Mills of the 21st, Pinholster of the 15th, Ehrhart of the 36th, Evans of the 28th, Sanders of the 107th and others: A resolution amending the Rules of the House of Representatives.
Referred to the Committee on Rules.

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

HB 589 HB 590 HB 591

HB 592 HB 593 HB 594

MONDAY, FEBRUARY 15, 1999

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The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR MONDAY, FEBRUARY 15, 1999
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 21st Legislative Day as enumerated below:

HB 82 Sales tax; exempt electricity for crop irrigation HB 110 Concealed weapons; prohibitions; exempt certain retired DA's HB 143 Supplemental appropriations; FY 1998-99 HB 173 Fire extinguishers & suppression systems; redefine "firm" HB 217 State agencies; inventory of buildings; submit to General Assembly HB 218 Parental rights; certain termination; amend provisions HB 249 Rape; redefine offense; female under ten HB 292 Southwestern Judicial Circuit; add judge HB 295 Dentistry; amend provisions HB 388 Tobacco companies; deposits in certain escrow accounts

HR 266 Ga Forestry Comm; cert reforestation efforts; urge continuance Bills and Resolutions on this calendar may be called in any order the Speaker desires.

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

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SB 12. By Senators Crotts of the 17th, Lamutt of the 21st and Dean of the 31st:
A bill to amend Chapter 5 of Title 53 of the Official Code of Georgia Annotated, relating to probate under the Revised Probate Code of 1998, so as to enact the "Uniform Transfer on Death Security Registration Act"; to provide for a short title; to provide for definitions; to provide for registration in beneficiary form with respect to certain types of ownership; to provide for applicable state law.
SB 108. By Senator Streat of the 19th:
A bill to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to provide that under certain conditions members of the Uniform Division of the Department of Public Safety may use a department motor vehicle while working an approved off-duty job; to provide for such conditions; to provide an effective date.
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 17. By Senators Ray of the 48th, Balfour of the 9th, Ladd of the 41st and others:
A resolution designating State Route 124 within Gwinnett County as the "James D. Mason Memorial Highway".
SR 41. By Senator Dean of the 31st:
A resolution designating the Herman H. Watson Memorial Bridge.
SR 42. By Senator Dean of the 31st:
A resolution designating the Foster Family Bridge.
SR 77. By Senator Kemp of the 3rd:
A resolution designating the Marshall Shirah Memorial Bridge.
SR 101. By Senator Dean of the 31st:
A resolution consenting to the annexation of certain state owned real property located in Polk County into the corporate limits of the City of Rockmart; to provide an effective date.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SB 12. By Senators Crotts of the 17th, Lamutt of the 21st and Dean of the 31st:
A bill to amend Chapter 5 of Title 53 of the Official Code of Georgia Annotated, relating to probate under the Revised Probate Code of 1998, so as to enact the "Uniform Transfer on Death Security Registration Act"; to provide for a short title; to provide for definitions; to provide for registration in beneficiary form with respect to certain types of ownership; to provide for applicable state law.
Referred to the Committee on Judiciary.
SB 108. By Senator Streat of the 19th:
A bill to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to provide that under certain conditions members of the Uniform Division of the Department of Public Safety may use a department motor vehicle while working an approved off-duty job; to provide for such conditions; to provide an effective date.
Referred to the Committee on Public Safety.

MONDAY, FEBRUARY 15, 1999

433

SR 17. By Senators Ray of the 48th, Balfour of the 9th, Ladd of the 41st and others:
A resolution designating State Route 124 within Gwinnett County as the "James D. Mason Memorial Highway".
Referred to the Committee on Transportation.

SR 41. By Senator Dean of the 31st: A resolution designating the Herman H. Watson Memorial Bridge.
Referred to the Committee on Transportation.

SR 42. By Senator Dean of the 31st: A resolution designating the Foster Family Bridge.
Referred to the Committee on Transportation.

SR 77. By Senator Kemp of the 3rd: A resolution designating the Marshall Shirah Memorial Bridge.
Referred to the Committee on Transportation.

SR 101. By Senator Dean of the 31st: A resolution consenting to the annexation of certain state owned real property located in Polk County into the corporate limits of the City of Rockmart; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs.

Representative Brown of the 130th arose to a point of personal privilege and addressed the House.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 292. By Representative Rogers of the 20th:
A resolution recognizing Gainesville High School and its outstanding athletic program and inviting the championship teams and their coaches to appear before this body.
The following Resolution of the House was read and referred to the Committee on Rules: HR 302. By Representatives Childers of the 13th, Smith of the 12th and Reece of the
llth: A resolution Recognizing the Darlington Upper School Tigers Cross Country Teams and inviting them to appear before the House of Representatives.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 197. By Representative Floyd of the 138th:
A bill to provide for the consolidation of the existing governments of the City of Hawkinsville and Pulaski County.
The following Senate substitute was read:

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A BILL
To provide for the consolidation of the existing governments of the City of Hawkinsville and Pulaski County; to provide for the creation of the consolidated government of Hawkinsville-Pulaski County, Georgia; to provide for the status, boundaries, and powers of the consolidated government; to provide for the form of, administration of, and affairs of the consolidated government; to provide for officers and employees, elections, courts, taxation, and finance; to provide for other related matters; to provide for referendum elections with respect to the effectiveness of the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I CONSOLIDATION, CREATION, BOUNDARIES, STATUS, AND POWERS OF HAWKINSVILLE-PULASKI COUNTY, GEORGIA
SECTION 1-1-1. Consolidation of county and city; name.
(a) The governmental and corporate powers, duties, and functions now vested in the governing authority of the City of Hawkinsville, a municipal corporation incorporated by an Act of the General Assembly of Georgia, approved April 4, 1991 (Ga. Laws 1991, p. 4711), as amended, are hereby consolidated with the governmental and corporate powers, duties, and functions of Pulaski County. This consolidation shall result in the creation and establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Pulaski County. Such county-wide government shall be a new political entity, a body politic and corporate, and a political subdivision of the state to be known as Hawkinsville-Pulaski County, Georgia, having all the governmental and corporate powers, duties, and functions previously held by and vested in the City of Hawkinsville and in Pulaski County, and also the powers, duties, and functions provided in this charter.
(b) Hawkinsville-Pulaski County, Georgia, shall be a public corporation; shall have perpetual existence; shall adopt a common seal; shall, without the necessity or formality of a deed, bill of sale, or other instrument of transfer, own, possess, and hold all the properties of whatsoever kind or nature, assets, contracts, franchises, things, rights, privileges, immunities, and real and personal property theretofore owned, possessed, enjoyed, or held by the City of Hawkinsville or Pulaski County; and by the name of Hawkinsville-Pulaski County, Georgia, shall be capable of suing and being sued when authorized by this charter and by the Constitution and laws of the State of Georgia.
(c) On the effective date of this charter, the political subdivision known as Pulaski County, Georgia, and the municipal corporation known as the City of Hawkinsville, Georgia, shall be consolidated and merged into the new political entity created by this charter.
(d) The consolidation of the governments of the City of Hawkinsville and Pulaski County is authorized pursuant to the provisions of Article DC, Section III, Paragraph II(a) of the Constitution of the State of Georgia of 1983, as amended.
SECTION 1-1-2. Boundaries.
Hawkinsville-Pulaski County, Georgia, shall embrace the total area included within the existing territorial limits of Pulaski County as such limits are established on the effective date of this charter, provided that such limits may be altered and changed from time to time as provided by the Constitution and laws of the State of Georgia pertaining to counties.

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SECTION 1-1-3. Status as municipal corporation and county.
Hawkinsville-Pulaski County, Georgia, shall be deemed to be both a municipal corporation and a county throughout the total territorial limits of such government.
SECTION 1-1-4. Powers.
(a) Hawkinsville-Pulaski County, Georgia, shall have all rights, powers, duties, privileges, and authority, whether express or implied, that may now be vested in or hereafter granted to counties, municipal corporations, or both by the Constitution and laws of Georgia.
(b) In addition to the rights, duties, powers, privileges, and authority expressly conferred by this charter, the consolidated government of Hawkinsville-Pulaski County, Georgia, shall have the right, duty, power, privilege, and authority to exercise and enjoy all other powers, duties, functions, rights, privileges, and immunities necessary and proper to promote or protect the safety, health, peace, security, and general welfare of the government and its inhabitants and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated in this charter and to do and perform all of the acts pertaining to its property, affairs, and local government which are necessary or proper in the legitimate exercise of its corporate powers and governmental duties and functions.
(c) In addition to and supplementary to all other powers which it may possess, and by way of illustration and not of limitation, the consolidated government shall have the powers specifically enumerated in Section 8-1-4 of this charter. No enumeration of any right, power, privilege, or authority shall be construed as limiting or abolishing any right, power, privilege, or authority set forth in this charter.
SECTION 1-1-5. Establishment of services districts.
Hawkinsville-Pulaski County, Georgia, will initially be divided into two services districts. The purpose of establishing services districts is to ensure that the citizens of Hawkinsville-Pulaski County, Georgia, will pay for the services that they receive but will not pay for a service that they are not receiving. The boundaries of the urban and general services districts, taxation and services within those districts, and the methods for changing district boundaries or services and for creating new districts are set forth in Section 7-1-2 of this charter.
ARTICLE II GOVERNING AUTHORITY CHAPTER 1 - The Board of Commissioners
SECTION 2-1-1. Name.
The governing authority of Hawkinsville-Pulaski County, Georgia, shall be and is hereby designated as the "Board of Commissioners of Hawkinsville-Pulaski County, Georgia."
SECTION 2-1-2. Composition and election.
The Board of Commissioners of Hawkinsville-Pulaski County, Georgia, shall consist of five members, who shall be elected from single-member districts as provided in Section 6-2-1 of this charter. Each member of the board of commissioners shall be elected by the

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voters of the district he or she represents. Each commissioner shall be elected in nonpartisan primaries and elections as provided for in Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code."
SECTION 2-1-3. Terms and qualifications.
(a) Terms of office shall be concurrent as provided in Section 9-1-2 of this charter, There shall be no limit on the number of terms an individual may serve as a commissioner.
(b) A candidate for the board of commissioners shall specify the single-member district for which such person is offering for election. Each candidate shall be nominated and elected by a majority of the qualified electors voting in such single-member district. No person shall be eligible for election or appointment to the board of commissioners unless such person shall, on or before the date of election or appointment to such office, have attained the age of 21, except as otherwise provided under paragraph (1) of Code Section 45-2-1 of the Official Code of Georgia Annotated; be a qualified elector of HawkinsvillePulaski County, Georgia; have been a resident of Hawkinsville-Pulaski County, Georgia, for at least one year prior to the election; and have been a resident of the district from which such person offers as a candidate for at least one year prior to the election. A person elected or appointed as a member of the board of commissioners from a commissioner district must continue to reside in that district during that person's term of office or that office shall become vacant.
SECTION 2-1-4. Powers.
All powers of Hawkinsville-Pulaski County, Georgia, including any such powers which may hereafter be conferred by amendment of this charter or by the Constitution or laws of Georgia, shall be vested in the Board of Commissioners of Hawkinsville-Pulaski County, Georgia, except as otherwise provided by law or by this charter. The board of commissioners shall provide by ordinance for the exercise of such powers and for the performance of all duties and obligations imposed on Hawkinsville-Pulaski County, Georgia, by law.
SECTION 2-1-5. Chairman; vice chairman; powers; duties;
term limits; vacancies.
(a) At its first meeting in January following an election, the members of the board of commissioners shall elect from their number a chairman to serve for a term of four years. At their first meeting in January each year, the board of commissioners shall also elect a vice chairman to serve for a term of one year. No person shall be eligible or entitled to hold the position of chairman for more than three full four-year terms. The chairman shall be the executive head of the consolidated government and shall have such other powers and duties as may be provided by ordinance or resolution that are not in conflict with this charter. Specifically, the chairman shall:
(1) Preside over all meetings of the board of commissioners;
(2) Serve as the ceremonial head of Hawkinsville-Pulaski County, Georgia, and as its official representative to federal, state, and local governmental bodies and officials;
(3) Set the agenda for meetings of the board of commissioners after receiving input from members of the board of commissioners;
(4) Call special meetings of the board of commissioners as provided by this charter;

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(5) Appoint and remove with a majority vote of the board of commissioners the attorney for the consolidated government, members of all boards and authorities of the consolidated government, and members of committees of the board of commissioners;
(6) Sign all orders, checks, and warrants for payment of money;
(7) Execute all contracts, deeds, and other obligations of the consolidated government; and
(8) Perform any other duties and exercise any other powers required by state or federal law or authorized by a duly adopted ordinance that is not in conflict with this charter.
(b) The chairman shall be authorized to vote on any matter before the board of commissioners in the same manner as any other member of such board. The chairman shall not have the power to veto any ordinance or resolution duly enacted or adopted by the board of commissioners.
(c) In the absence of the chairman for any cause, the vice chairman shall preside over meetings and discharge the duties of the chairman. In the event of a permanent vacancy in the office of chairman, the vice chairman shall become and thereafter serve as the chairman for the remainder of the chairman's term. The board of commissioners shall elect a new vice chairman to fulfill the remainder of the chairman's term.
SECTION 2-1-6. Compensation.
(a) The members of the board of commissioners shall be compensated at the rate of $300.00 per month from the funds of Hawkinsville-Pulaski County, Georgia.
(b) The chairman of Hawkinsville-Pulaski County, Georgia, shall be compensated at the rate of $500.00 per month from the funds of Hawkinsville-Pulaski County, Georgia.
(c) In addition to the salary provided, any commissioner, including the chairman, shall be reimbursed for actual expenses incurred by such member in carrying out the responsibilities of the consolidated government of Hawkinsville-Pulaski County, Georgia. Such expenses must be approved by a vote of the entire board of commissioners.
(d) The salary and expenses of members of the board of commissioners may be changed by ordinance, subject to the conditions and requirements set forth in Code Section 36-354 of the Official Code of Georgia Annotated.
SECTION 2-1-7. Vacancies.
(a) The office of commissioner shall become vacant if a member ceases to reside in the district from which elected or upon a member's death, resignation, or removal from office or forfeiture of office upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the Official Code of Georgia Annotated, or any other applicable law, now existing or hereafter enacted.
(b)(l) In the event that the office of commissioner becomes vacant for any reason, a successor shall be selected as provided in paragraphs (2) and (3) of this subsection.
(2) If there are more than six months remaining in the unexpired term, the position shall be filled by special election at the next permissible date for a special election. The special election shall be called by the judge of the probate court as provided by general law. Any person so elected must meet the same qualifications for election as set forth in Section 2-1-3 (b) of this charter.

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(3) If fewer than six months remain in the unexpired term, the judge of the probate court shall appoint a successor to fill the unexpired term. Any person so appointed must meet the same qualifications for election as set forth in Section 2-1-3 (b) of this charter.
CHAPTER 2 - Organization and Procedure
SECTION 2-2-1. Oath; rules; records; meetings; quorum;
emergency ordinances.
(a) The board of commissioners shall hold its organizational meetings on the first working day in January following the general election. At such meetings, the newly elected or reelected commissioners shall each take the following oath of office, to be administered by the judge of the probate court:
"I do solemnly swear or affirm that I will well and truly perform the duties of the office of commissioner of Hawkinsville-Pulaski County, Georgia, and that I will support and defend the charter thereof and the Constitution and laws of the State of Georgia and of the United States."
(b) The board of commissioners shall determine its own rules and order of business as it deems appropriate to govern the conduct and procedures of its meetings, provided that the board of commissioners shall comply with the open and public meeting requirements of Chapter 14 of Title 50 of the Official Code of Georgia Annotated. The board of commissioners shall provide for the keeping of the minutes of its proceedings which shall be a public record.
(c) The board of commissioners shall hold at least one regular meeting each month. The board of commissioners shall adopt by ordinance the time, date, and place for such meeting. No additional notice shall be required to be given for any regular meeting.
(d) The board of commissioners may hold such special meetings as it deems necessary or proper. Special meetings may be held on the call of the chairman or any two or more commissioners upon not fewer than 24 hours written notice to each member at the usual place of business or residence of such member. Notice of a special meeting may be waived in writing by any member either before or after such meeting, and the requirement of notice of such meeting shall be deemed waived as to those commissioners attending such meeting. Special meetings must be preceded by a minimum of 24 hours notice to the public of the time, place, and subject matter of such special meeting.
(e) The board of commissioners shall establish by ordinance procedures for the convening of emergency meetings.
(f) Three members of the board of commissioners shall constitute a quorum for the transaction of business. No official act which is to have the force and effect of law shall be valid or binding unless adopted by the affirmative vote of at least three members of the board of commissioners.
(g) To meet a public emergency threatening life, health, property, or public safety the board of commissioners may adopt emergency ordinances; provided, however, that such ordinances may not be enacted to levy taxes; to grant, renew, or extend a franchise; to regulate the rate charged for any public utility or service; or to authorize the borrowing of money unless it shall be repaid in 30 days or fewer. An emergency ordinance shall be plainly designated as an emergency ordinance and shall contain a declaration stating what emergency exists. An emergency ordinance may be adopted with or without amendment, but the affirmative vote of four of the five members of the board of commissioners shall be required for adoption. An emergency ordinance shall stand repealed on the sixteenth day following the date of its adoption; provided that, if the emergency still

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exists, it may be reenacted as provided in this subsection. An emergency ordinance may be repealed by adoption of a repealing ordinance in the same manner specified for the adoption of an emergency ordinance.
CHAPTER 3 -- Ethics and Prohibited Practices
SECTION 2-3-1. Conflicts of interest; holding other offices.
(a) Conflict of interest. No elected official, appointed officer, or employee of the consolidated government or of any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties or which would tend to impair the independence of his or her judgment or action in the performance of his or her official duties;
(2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair the independence of the commissioner's judgment or action in the performance of his or her official duties;
(3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he or she is engaged without proper legal authorization; or use such information to advance the financial or other private interests of himself or herself or others;
(4) Accept any valuable gift, whether in the form of a service, loan, thing, or promise from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign;
(5) Represent other private interests in any action or proceeding against the consolidated government or any portion thereof; or
(6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest.
(b) Disclosure. Any elected official, appointed officer, or employee of the consolidated government who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the consolidated government shall disclose such private interest to the board of commissioners. Any commissioner who has a private interest in any matter pending before the board of commissioners shall disclose such private interest and such disclosure shall be entered on the records of the board of commissioners, and the commissioner shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the consolidated government shall disclose such private interest to the governing body of the agency or entity.
(c) Use of public property. No elected official, appointed officer, or employee of the consolidated government or of any agency or entity to which this charter applies shall use property owned by such governmental body for personal benefit, convenience, or profit except in accordance with policies promulgated by the board of commissioners or the governing body of such agency or entity.

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(d) Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the board of commissioners.
(e) Inellgibility of elected official. Except where authorized by law, no commissioner shall hold any other elected or compensated appointed office in the consolidated government or otherwise be employed by the consolidated government or any agency thereof during the term for which he or she is elected. No former commissioner shall hold any compensated appointed office in the consolidated government for two years after the expiration of the term for which he or she was elected.
(f) Political activities of certain officers and employees. No appointed officer and no employee of the consolidated government shall continue in such capacity upon qualifying as a candidate for nomination or election to any public office in Hawkinsville-Pulaski County, Georgia.
(g) Penalties for violations.
(1) Any officer or employee of the consolidated government who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office and shall be deemed to have forfeited his or her office or position.
(2) Any officer or employee of the consolidated government who shall forfeit his or her office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in the consolidated government.
SECTION 2-3-2. Prohibitions.
No member of the board of commissioners shall hold any other federal, state, or local elected or appointed office during that person's term of office as a commissioner. Nothing in this section shall be construed to prohibit any member of the board of commissioners from representing Hawkinsville-Pulaski County on any special commission, regional entity, or other intergovernmental agency.
SECTION 2-3-3. Removal of chairman.
(a) The chairman of the Board of Commissioners of Hawkinsville-Pulaski County, Georgia, shall be removed from the office of chairman, but not from membership on such board, for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office;
(2) Conviction of a felony;
(3) Knowingly violating any other express prohibition of this charter;
(4) Abandonment of office or neglect to perform duties of the office; or
(5) Failure for any other cause to perform the duties of office as required by this charter or by state law.
(b) Removal of the chairman pursuant to this section shall be accomplished by the vote of four commissioners after an investigative hearing. The chairman 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.

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ARTICLE III ADMINISTRATOR
SECTION 3-1-1. Appointment; qualifications; compensation.
(a) The board of commissioners by a majority vote of its total membership shall appoint an administrator for an indefinite term. The administrator shall serve at the pleasure of the board of commissioners.
(b) Except as specifically provided in this charter, the board of commissioners shall by ordinance establish the administrator's qualifications, powers, duties, and compensation.
(c) No person holding an elected office in Hawkinsville-Pulaski County, Georgia, shall be eligible for appointment to the office of administrator for two years after leaving elected office.
ARTICLE IV ADMINISTRATION CHAPTER 1 - Officers
SECTION 4-1-1. Sheriff; law enforcement.
(a) The sheriff of Pulaski County in office on the effective date of this charter shall be the sheriff of Hawkinsville-Pulaski County, Georgia. The sheriff shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for the sheriff shall be on the same basis as provided by law for the election of sheriffs generally. The sheriff shall be the chief law enforcement officer of Hawkinsville-Pulaski County, Georgia. In addition, the sheriff shall be responsible for the operation of the jail, the transport of prisoners, the service of process, and such other duties as are required of sheriffs by the Constitution and laws of Georgia.
(b) The police department of the City of Hawkinsville shall be abolished on the effective date of the consolidation of the City of Hawkinsville and Pulaski County.
SECTION 4-1-2. Judge of the probate court;
clerk of superior court; tax commissioner; coroner; magistrate; surveyor.
The judge of the probate court, the clerk of the superior court, the tax commissioner, the coroner, the magistrate, and the surveyor of Pulaski County shall after consolidation be the judge of the probate court, the clerk of the superior court, the tax commissioner, the coroner, the magistrate, and the surveyor of Hawkinsville-Pulaski County, Georgia. These officers shall serve for the same terms as provided by law, and their compensation shall be fixed as provided by law. Subsequent elections for these officers shall be on the same basis as provided by law for the election of such officers generally. The judge of the probate court, the clerk of the superior court, the tax commissioner, the coroner, the magistrate, and the surveyor shall perform the same duties and exercise the same powers as conferred on such officers generally by the Constitution and laws of Georgia.
SECTION 4-1-3. Attorney.
The attorney for Hawkinsville-Pulaski County, Georgia, shall be appointed and removed by the chairman upon a vote of a majority of the members of the board of commissioners. The attorney shall act as the chief legal adviser to the board of commissioners, the administrator, and all departments and agencies of Hawkinsville-Pulaski County, Georgia, and shall represent such government in all legal proceedings and perform such

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other duties prescribed by general law, by this charter, or by ordinance or resolution of the board of commissioners. The board of commissioners shall set the qualifications and compensation of the attorney and any other matters relative to the selection of the attorney.
CHAPTER 2 - Personnel
SECTION 4-2-1. Existing pension rights protected.

Persons who, at the time this charter takes effect, are employed by any office, department, board, commission, or agency of the former City of Hawkinsville or of the former Pulaski County shall retain all pension rights which have accrued to them under any existing pension system. Hawkinsville-Pulaski County, Georgia, shall continue in force and effect any existing pension system for city employees and any existing pension system for county employees covered thereby who are employed by Hawkinsville-Pulaski County, Georgia, and the services of such employees shall not be deemed to have been interrupted by the adoption of this charter.
SECTION 4-2-2. Establishment of new pension systems.

The board of commissioners is authorized and empowered to establish and maintain a new pension system or pension systems affecting new employees and such other employees as desire to be covered thereby and to revise, combine, and consolidate any pension system in effect on the effective date of this charter; provided, however, that in no event shall any revision, combination, or unification of any existing pension system in effect when this charter is adopted result in the curtailment or diminishment of any right accrued under any existing pension system to any person heretofore employed by the City of Hawkinsville, Pulaski County, or of any agency of such former governments.
SECTION 4-2-3. Establishment of personnel system.

The board of commissioners shall establish a personnel system for all employees under the control of the consolidated government. The system shall be consistent with all state and federal laws.
CHAPTER 3 - Boards, Commissions, and Authorities
SECTION 4-3-1. Certain boards, commissions, and authorities continued.

All existing boards, commissions, and authorities of either the City of Hawkinsville, Pulaski County, or both are continued without interruption on the effective date of this charter.
SECTION 4-3-2. Boards, commissions, and authorities; appointments
thereto.

Whenever general or local law provides for appointments to boards, commissions, or authorities from both the city and the county, all appointments shall be made by the Hawkinsville-Pulaski County, Georgia, board of commissioners and all appointees shall come from Hawkinsville-Pulaski County, Georgia.

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ARTICLE V JUDICIARY
SECTION 5-1-1. Superior court and district attorney; probate court; magistrate court; unaffected by charter; redesignation.
(a) The Superior Court of Pulaski County, including the office of the district attorney; the Probate Court of Pulaski County; and the Magistrate Court of Pulaski County shall continue their operations without interruption resulting from the adoption of this charter, and nothing herein shall be construed as affecting the status of such courts. The courts shall be known as the Superior Court of Hawkinsville-Pulaski County, the Probate Court of Hawkinsville-Pulaski County, and the Magistrate Court of HawkinsvillePulaski County.
(b) On the effective date of this charter, the Municipal Court of Hawkinsville shall stand abolished. Any pending cases shall be transferred to the Probate Court of HawkinsvillePulaski County, the Magistrate Court of Hawkinsville-Pulaski County, or the Superior Court of Hawkinsville-Pulaski County, whichever has appropriate jurisdiction of the
ARTICLE VI ELECTIONS CHAPTER 1 - Conduct of Elections
SECTION 6-1-1. Applicability of general laws.
Except as otherwise provided by this charter, primaries and regular and special elections shall be conducted in accordance with provisions of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code." As used in such Code, the terms "election" or "general election" shall be construed to include the term "regular election" as provided in Section 6-1-2 of this charter; the term "governing authority" shall include the chairman and the Board of Commissioners of Hawkinsville-Pulaski County, Georgia; the terms "municipal," "municipality," or "county" shall include Hawkinsville-Pulaski County, Georgia; and the term "public office" shall include the elected offices of Hawkinsville-Pulaski County, Georgia.
SECTION 6-1-2. Regular elections; voting.
The first members of the Board of Commissioners of Hawkinsville-Pulaski County, Georgia, shall be elected at a special election which shall be conducted at the time of the general election on the Tuesday next following the first Monday in November, 2000. The members of the board of commissioners elected thereto in Districts 1 through 5 shall take office the first day of January immediately following such election and shall serve for initial terms of office which shall expire on December 31, 2004, and upon the election and qualification of their respective successors. Those and all future successors to members of the board of commissioners whose terms of office are to expire shall be elected at the state-wide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following such election, and shall serve for terms of office of four years each. Members of the board of commissioners shall serve for the terms of office as specified in this subsection and until their respective successors are elected and qualified.

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CHAPTER 2 -- Election Districts
SECTION 6-2-1. Number of districts; boundaries.
(a) For purposes of electing members of the board of commissioners, the territory of Hawkinsville-Pulaski County, Georgia, is divided into five commissioner districts. One member of the board of commissioners shall be elected from each such district. The five commissioner districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as Operator: local Client: pulaski Plan: pulaskip4.
(b) When used in such attachment, the terms "Tract," "Block," and "Block Group" shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia. Any part of the territory of Hawkinsville-Pulaski County, Georgia, which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Any part of the territory of Hawkinsville-Pulaski County, Georgia, which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Except as otherwise provided in the description of any commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia.
ARTICLE VII REVENUE AND FINANCE CHAPTER 1 - Taxation and Other Revenues
SECTION 7-1-1. Levy and collection of taxes, fees, charges, and
assessments; appropriations.
(a) For the purpose of raising revenue for the support and maintenance of the consolidated government of Hawkinsville-Pulaski County, Georgia, the board of commissioners shall have full power and authority to levy and collect taxes and fees, to appropriate funds, and to expend money.
(b) The board of commissioners shall have full power and authority to levy and collect all taxes, charges, and assessments which counties and municipalities are authorized to levy and collect, to the full extent permitted by the Constitution and laws of Georgia, whether local or general, including any tax hereafter authorized by state law.
SECTION 7-1-2. Services districts; taxation therein.
(a) Hawkinsville-Pulaski County, Georgia, shall initially be comprised of two services districts, wherein taxes and fees shall be assessed, levied, and collected in accordance with the kind, character, type, degree, and level of services provided by such government within such services districts, and the rate and manner of taxation may vary in any one district from that in another or other districts. One of such districts shall be known as the general services district, and one of such districts shall be known as the urban services district. Except as otherwise provided by this charter, urban and special services districts shall be created, expanded, merged, consolidated, or reduced only by an ordinance duly adopted by the board of commissioners under such general rules, procedures,

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regulations, requirements, and specifications as established by the board of commissioners; provided, however, that no new urban or special services district shall be created or existing such districts expanded, abolished, merged, consolidated, or reduced without providing an opportunity for interested persons to be heard at a public hearing. Notice of the proposed expansion, abolition, merger, consolidation, or reduction of a services district and of the required public hearing shall be published once a week for two consecutive weeks in the official newspaper of Hawkinsville-Pulaski County, Georgia.
(b)(l) The general services district shall consist of the total area of Pulaski County. The consolidated government of Hawkinsville-Pulaski County, Georgia, shall perform within the general services district those governmental duties, functions, and services that are generally available and accessible to all residents throughout the total area of such district.
(2) The general services district shall constitute a general services tax district within which the board of commissioners shall levy and collect taxes and fees and shall appropriate funds and expend money from such taxes and fees to perform and discharge those powers, functions, and services provided in such district.
(c)(l) In addition to the general services district, the board of commissioners shall establish at least one urban services district that shall consist of the area of the former City of Hawkinsville, together with any enlargement or modification thereof pursuant to the provisions of this charter. The consolidated government of Hawkinsville-Pulaski County, Georgia, shall perform within the urban services district those additional, more comprehensive and intensive, and higher levels of governmental duties, functions, and services that benefit primarily the residents of such district.
(2) The urban services district shall constitute an urban services tax district within which the board of commissioners may levy and collect additional taxes and fees and may appropriate funds and expend money from such taxes and fees to perform and discharge those additional powers, functions, and services provided in such district.
(d)(l) The board of commissioners may also establish special services districts within which additional or higher levels of services are provided just as cities and counties are so authorized by Article IX, Section II, Paragraph VI of the Constitution. The consolidated government of Hawkinsville-Pulaski County, Georgia, shall perform within its special services districts such additional, more comprehensive and intensive, and higher levels of governmental duties, functions, and services that benefit primarily the residents of such district.
(2) Any special services district created by the board of commissioners shall constitute a special services tax district within which the board of commissioners may levy and collect additional taxes and fees and may appropriate funds and expend money from such taxes and fees to perform and discharge those additional powers, functions, and services provided in such district.
(e) The assessment of real and personal property for ad valorem tax purposes shall be upon a uniform basis throughout the entire area of Hawkinsville-Pulaski County, Georgia; provided, however, that the rate and manner of additional taxation in services districts may vary in any services district from that in another or other services districts in such a way as to reflect reasonably the kind, character, type, degree, and level of services afforded to such services district or districts.

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CHAPTER 2 - Borrowing and Indebtedness
SECTION 7-2-1. Allocation of indebtedness.
(a) All general indebtedness of Pulaski County, whether represented by general obligation bonds or otherwise, which may be outstanding upon the effective date of this charter shall be allocated to the general services district as defined in this charter and is hereby recognized as the obligation of the general services district of Hawkinsville-Pulaski County, Georgia.
(b) All general indebtedness of the City of Hawkinsville, whether represented by general obligation bonds or otherwise, which may be outstanding upon the effective date of this charter shall be allocated to the urban services district as defined in this charter and is hereby recognized as the obligation of the urban services district of Hawkinsville-Pulaski County, Georgia.
(c) The annual tax levy ordinances for the general services district and the urban services district shall provide, in addition to all other taxes assessed, a tax levy sufficient to pay the principal and interest charges on all outstanding general obligation bonds due or to be paid in the ensuing fiscal year.
CHAPTER 3 - Financial Administration
SECTION 7-3-1. Fiscal year; budget; audit.
(a) The fiscal year of Hawkinsville-Pulaski County, Georgia, shall run from July 1 to June 30.
(b) The board of commissioners shall adopt an annual budget and provide for an annual audit as set forth in Chapter 81 of Title 36 of the Official Code of Georgia Annotated.
(c) The administrator, with input from all department heads, constitutional officers, and other appointed officials of the consolidated government, shall prepare and present the annual budget of Hawkinsville-Pulaski County, Georgia, to the board of commissioners. The commissioners shall have full power and authority to adopt, reject, or amend the proposed budget.
SECTION 7-3-2. Lapse of appropriations.
All unencumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the unappropriated surplus or reserves of the fund or funds from which such appropriations were made.
ARTICLE VIII GENERAL PROVISIONS
SECTION 8-1-1. Application of laws; laws in force.
(a) The general laws of the State of Georgia and those general laws of local application through classification by population shall be applicable to and within the limits of Hawkinsville-Pulaski County, Georgia.
(b) Local Acts of the State of Georgia which apply specifically to either Pulaski County, the City of Hawkinsville, or both shall be applicable to Hawkinsville-Pulaski County, Georgia.

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(c) In construing the applicability of the provisions of the Constitution and the general laws of Georgia that apply in general terms to counties, municipalities, or both and local Acts of the General Assembly of Georgia that apply specifically to Pulaski County, the City of Hawkinsville, or both, the following shall apply:
(1) "County" shall be construed to include Hawkinsville-Pulaski County, Georgia;
(2) "City," "town," "municipal corporation," or "municipality" shall be construed to include Hawkinsville-Pulaski County, Georgia;
(3) "Commissioners of Roads and Revenues," "Board of County Commissioners," "County Commissioner," and "Commissioner" shall be construed to include the Board of Commissioners of Hawkinsville-Pulaski County, Georgia;
(4) "Council," "Mayor and Council," "Aldermen," "Board of Aldermen," and "City Commission" shall be construed to include the Board of Commissioners of Hawkinsville-Pulaski County, Georgia;
(5) "Chairman of the Commissioners of Roads and Revenues," "Chairman of the Board of County Commissioners," and "Commissioner" shall be construed to include the chairman of the Board of Commissioners of Hawkinsville-Pulaski County, Georgia;
(6) "Mayor" shall be construed to include the chairman of the Board of Commissioners of Hawkinsville-Pulaski County, Georgia; and
(7) Any other terms and provisions as used in such Acts to refer specifically to Pulaski County, the City of Hawkinsville, or both and the officers, employees, departments, and agencies thereof shall be construed to mean Hawkinsville-Pulaski County, Georgia, and its officers, employees, departments, and agencies.

(d) In construing the applicability of laws in force to Hawkinsville-Pulaski County, Georgia, the following order shall prevail:
(1) The Constitution of the State of Georgia;
(2) The general laws of uniform application now in force or hereafter enacted by the General Assembly of Georgia (as distinguished from general laws of local application through classification by population) applicable to municipal corporations, counties, or both;
(3) The general laws of local application through classification by population;
(4) Special laws applicable to Pulaski County that are not in conflict with this charter;
(5) Special laws applicable to the City of Hawkinsville that are not in conflict with this charter;
(6) This charter and all ordinances and resolutions passed pursuant thereto; and
(7) Existing ordinances and resolutions of the former City of Hawkinsville and existing ordinances and resolutions of the former County of Pulaski that are not in conflict with this charter.

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SECTION 8-1-2. Federal and state aid. For the purpose of determining its right to receive and for the purpose of receiving state aid or grant-in-aid from the State of Georgia, from the United States or from any agency or instrumentality thereof, or from any other source, public or private, Hawkinsville-Pulaski County, Georgia, shall be deemed a county but shall also be deemed an incorporated municipality. When state aid or other grant-in-aid is distributed to any county or municipality on the basis of population, area, or both, then the entire population and the total area of Hawkinsville-Pulaski County, Georgia, and the population or the total area of the urban services district or districts, respectively, shall be considered in calculating and determining the basis for such distribution. When state aid or other grant-in-aid is distributed to any county on the basis of rural area, rural road mileage, rural population, or any combination thereof, then that area of the general services district outside of the urban services district shall be deemed to constitute a rural area, its road mileage to constitute rural road mileage, and its population to constitute rural population.
SECTION 8-1-3. Amending charter. This charter may be modified, rescinded, changed, or amended by the following methods:
(1) An Act of the General Assembly of Georgia; or
(2) An ordinance adopted by the Board of Commissioners of Hawkinsville-Pulaski County, Georgia, as provided for in Article DC, Section II, Paragraph I of the Constitution of the State of Georgia.
SECTION 8-1-4. Examples of powers. The powers of Hawkinsville-Pulaski County, Georgia, shall include, but shall not be limited to, the following:
(1) Ad valorem taxation: to levy, assess, and collect ad valorem taxes on all taxable property;
(2) Other taxes: to levy, assess, and collect other taxes allowed by general law and in accordance therewith;
(3) Business regulation and taxation: to levy, assess, and collect occupational taxes and to license and regulate occupations and businesses. Such taxes may be based on any criteria or combination of criteria permitted by general law;
(4) Appropriations: to make appropriations and expend funds for support of the consolidated government and any other lawful purpose;
(5) Debts: to borrow money and issue bonds as authorized by general law;
(6) Property: to own property and interests in property;
(7) Gifts: to accept gifts and grants for any purpose related to the powers and duties of the consolidated government on such terms as the donor may impose;
(8) Condemnation: to condemn property inside the area of the consolidated government for present or future use;
(9) Public utilities: to acquire, lease, operate, and dispose of public utilities;

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(10) Franchises: to grant franchises or make contracts for public utilities and to prescribe the conditions of such franchises and contracts;
(11) Roadways: to open, maintain, improve, and close streets and roads and to grant franchises and rights of way thereon;
(12) Public facilities: to acquire, operate, and dispose of public buildings, projects, parks, cemeteries, recreational facilities, and other public improvements inside the area of the consolidated government;
(13) Building regulation: to regulate the building trades and the construction of buildings and to adopt and enforce building, housing, plumbing, electrical, gas, heating, and air-conditioning codes;
(14) Planning and zoning: to adopt land use plans and exercise the power of zoning, subdivision regulation, and the like;
(15) Police power: to exercise the police power for the safety and well-being of the citizens of the consolidated government;
(16) Roadside regulation: to prohibit or regulate signs, billboards, and other items upon or adjacent to streets and roads;
(17) Health: to prescribe and enforce health and sanitation standards;
(18) Pollution: to regulate emissions that pollute the air and water;
(19) Fire safety: to fix fire limits and prescribe and enforce fire safety regulations;
(20) Public hazards: to provide for the destruction or removal of public hazards;
(21) Waste disposal: to provide for and regulate the collection, disposal, and recycling of garbage and wastes;
(22) Water and sewer fees: to fix and collect water and sewer fees;
(23) Garbage fees: to fix and collect garbage fees;
(24) Nuisances: to define and provide for the abatement of nuisances;
(25) Property protection: to preserve and protect the property of the consolidated government;
(26) Prisoners: to provide for public work by prisoners and for their confinement;
(27) Animal control: to regulate or prohibit the keeping of animals;
(28) Motor vehicles: to regulate the operation and parking of motor vehicles;
(29) Pensions: to provide and maintain a system of pensions and retirement for employees and officers of the consolidated government;
(30) Special assessments: to levy, assess, and collect special assessments to cover the cost of public improvements;
(31) Contracts: to enter into lawful contracts and agreements;

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(32) Agencies: to create, alter, or abolish departments, boards, offices, commissions, authorities, and agencies of the consolidated government and to confer appropriate authority upon them;
(33) Penalties: to provide penalties for violations of ordinances of the consolidated government;
(34) Police and fire protection: to exercise the power of arrest through appointed police officers and to operate a fire department;
(35) Emergencies: to provide for the determination, proclamation, and combating of emergencies;
(36) Urban redevelopment: to organize and operate an urban redevelopment program; and
(37) General health, safety, and welfare: to define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, safety, and welfare of the citizens of the consolidated government.
SECTION 8-1-5. Effect of repeals.
No law heretofore repealed, expressly or impliedly, shall be revived by the repeal herein of the repealing Act or by any provision of this charter that disclaims an intention to repeal or affect enumerated laws.
ARTICLE DC TRANSITION PROVISIONS
SECTION 9-1-1. Election of first officials.
(a) The first Board of Commissioners of Hawkinsville-Pulaski County, Georgia, shall be elected at the general election held in November, 2000.
(b) The election shall be held in accordance with the provisions of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code." After final approval of this charter, the superintendent of elections shall prepare a list of qualified voters for each of the five commissioner districts described in Section 6-2-1 of this charter.
(c) The qualifications for office for such initial election shall be as prescribed by Section 2-l-3(b) of this charter.
(d) Any elected official of Pulaski County or of the City of Hawkinsville who is otherwise qualified under this charter shall be entitled to qualify and run for an office of Hawkinsville-Pulaski County, Georgia.
SECTION 9-1-2. Initial terms of office.
All commissioners shall be elected for four-year terms at the general election in November, 2000, and every four years thereafter.

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SECTION 9-1-3. Provision of services during transition.
In order to consolidate the two governments and to assure the common and continued administration of services currently provided by both the City of Hawkinsville and Pulaski County, on the effective date of consolidation all services currently provided by Pulaski County shall be provided through the general services district to all residents of the county, and all services provided by the City of Hawkinsville shall be provided through the urban services district to all residents of the city. Assuming the continued availability of state and federal funds, these services arrangements shall apply until modified by the board of commissioners.
SECTION 9-1-4. Existing employees.
No person employed by either the City of Hawkinsville or Pulaski County shall be terminated solely as a result of the consolidation of the city and county.
SECTION 9-1-5. Effective date of charter.
This charter shall become effective January 1, 2001, or upon the election of the board of commissioners and their taking office as the governing authority of the consolidated government, whichever occurs last.
SECTION 9-1-6. Initial budget.
(a) In order for the consolidated government to have sufficient funds to operate until it adopts its fiscal year 2002 budget (July 1, 2001, to June 30, 2002), the board of commissioners shall at its organizational meeting in January, 2001, adopt a six-month budget that is equal to the amount of money contained in Pulaski County's calendar year 2000 budget (January 1, 2000, to December 31, 2000) for the months of January through June, 2000. This six-month budget shall be combined with the funds remaining in the fiscal year 2001 budget (July 1, 2000, to June 30, 2001) of the City of Hawkinsville to fund the operations of Hawkinsville-Pulaski County, Georgia, until June 30, 2001.
(b)(l) The first 12 month budget of Hawkinsville-Pulaski County, Georgia, which will run from July 1, 2001, to June 30, 2002, shall be limited to a combined amount equal to the final 12 month budgets of the City of Hawkinsville (July 1, 2000, to June 30, 2001) and Pulaski County (January 1, 2000, to December 31, 2000).
(2) This initial budget limitation shall not apply to any increases needed to satisfy any new unfunded state or federal mandates, expenses caused by the occurrence of a natural disaster, increases needed to fund any step raises due to employees of the consolidated government, or increases needed to keep up with inflation as specified by the United States Consumer Price Index.
SECTION 9-1-7. Number of employees.
For the first 12 month period after the effective date of this charter, the total number of employees of the consolidated government shall not exceed the combined number of employees authorized for the City of Hawkinsville and Pulaski County immediately prior to the effective date of this charter, except as otherwise specifically mandated by law.

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SECTION 9-1-8. Cooperation of former governments.
(a) All officers, officials, and employees of the former City of Hawkinsville and Pulaski County shall cooperate with and assist the board of commissioners, the administrator, and other officers of Hawkinsville-Pulaski County, Georgia:
(1) In planning the consolidation of departments, boards, commissions, and agencies of such former governments and in transferring the functions, duties, and responsibilities of such departments, boards, commissions, authorities, and agencies to the appropriate agencies of Hawkinsville-Pulaski County, Georgia; and
(2) In all other respects in order that the transfer of the governments be accomplished in the most orderly manner possible. The officers of Hawkinsville-Pulaski County, Georgia, shall be entitled to examine all records, files, and other data in the possession of the former governments and of all officers, officials, employees, and departments thereof.
(b) A schedule for activity during the transition period is contained in the schedule attached to and made a part of this charter.
SECTION 9-1-9. Existing ordinances and resolutions continued in effect.
(a) Existing ordinances and resolutions of Pulaski County and existing rules and regulations of county departments or agencies, which are consistent with the provisions of this charter, shall continue in effect as ordinances, resolutions, rules, or regulations of Hawkinsville-Pulaski County, Georgia, or the appropriate department or agency thereof until they have been repealed, modified, or amended. However, if there is a conflict between existing ordinances and resolutions of Pulaski County and rules and regulations of county departments or agencies and existing ordinances and resolutions of the City of Hawkinsville and rules and regulations of city departments or agencies, those of Pulaski County shall only apply to the area of Hawkinsville-Pulaski County, Georgia, which lies outside the urban services district.
(b) Existing ordinances and resolutions of the City of Hawkinsville and existing rules and regulations of city departments or agencies, which are consistent with the provisions of this charter, shall continue in effect as ordinances and resolutions of Hawkinsville-Pulaski County, Georgia, until they have been repealed, modified, or amended and shall apply only to the area included within the urban services district.
(c) In the event of a conflict between any of the ordinances or resolutions continued by this section, the provisions thereof shall apply only to that territory of Hawkinsville-Pulaski County, Georgia, to which such ordinance or resolution applied prior to the effective date of this charter and until such ordinance or resolution is repealed, modified, or amended to eliminate such conflict.
(d) Within 24 months of the effective date of the charter, the board of commissioners shall have reviewed all ordinances and resolutions and shall take whatever action is necessary to remove any conflicts between any of the ordinances or resolutions continued by this section in order to produce a uniform body of ordinances and resolutions that is free of any conflicts and contradictions between such provisions.
SECTION 9-1-10. Contracts and obligations.
(a) Except as otherwise provided by this charter, all contracts, orders, leases, bonds, and other obligations or instruments entered into by Pulaski County or the City of Hawkinsville or for the benefit of either the county or the city prior to the effective date of this charter shall continue in effect according to the terms thereof as obligations and rights

MONDAY, FEBRUARY 15, 1999

453

of Hawkinsville-Pulaski County, Georgia; provided, however, any obligation created by Pulaski County or the City of Hawkinsville that becomes effective after the date of approval of this charter and prior to the effective date of this charter shall be subject to ratification and approval by the Board of Commissioners of Hawkinsville-Pulaski County, Georgia, within six months following the effective date of this charter.
(b) No pending action or proceeding of any nature (whether civil, criminal, judicial, administrative, or other) by or against the City of Hawkinsville or Pulaski County or an agency or department thereof shall be abated or otherwise affected by the adoption of this charter, and Hawkinsville-Pulaski County, Georgia, shall stand substituted as a party in lieu of the city or county or any agency or department thereof.
SECTION 9-1-11. Dissolution of existing governments.
On January 1, 2001, the Office of Sole Commissioner of Pulaski County and the Board of Commissioners of the City of Hawkinsville and all the officers thereof and the offices thereof not continued under this charter are abolished, and all emoluments appertaining thereto shall cease. Thereupon, the governments of Pulaski County and the City of Hawkinsville shall terminate as separate political entities and all powers, functions, duties, and obligations thereof shall be transferred to and vested in the consolidated government of Hawkinsville-Pulaski County, Georgia.
SECTION 9-1-12. Transfer of records and equipment.
When an agency of the City of Hawkinsville or of Pulaski County is abolished or consolidated by this charter, all books, papers, maps, charts, plans, records, other equipment, and personal property in possession of such agency shall be delivered to the agency to which its rights, powers, duties, and obligations are transferred.
SECTION 9-1-13. Officers serve until successors qualify.
Notwithstanding any other provision of this charter, any officer performing duties under the government of the City of Hawkinsville or Pulaski County shall continue to perform the duties thereof until a successor, whether under the same title or office of another, shall be elected or appointed and qualified to perform the duties, it being the intention hereof that no duty or service shall lapse or be abandoned because of lack of an officer to perform such duty or service.
SECTION 9-1-14. Transition plan and schedule.
The following transition plan shall govern the implementation of this Act:
Stage 1: Referenda on charter to initial election.
Upon approval of the consolidation, a transition team shall be formed. The transition team will be appointed and charged with anticipating implementation responsibilities, issues, and opportunities related to the consolidation of the two governments. The team's effort will involve collecting data, assembling facts, and presenting options to the officials of Hawkinsville-Pulaski County, Georgia, when such officials take office. The transition team shall not have any decision-making power and shall serve in an advisory function to the new government only until such time as the newly elected officials assume the responsibilities described below.
The transition team shall consist of: the city manager; one appointee of the Board of Commissioners of the City of Hawkinsville who shall not be an elected official or employee of the City of Hawkinsville; two appointees of the commissioner of Pulaski

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County who shall not be elected officials or employees of Pulaski County; and three members of the Hawkinsville-Pulaski consolidation commission selected by such commission, one of whom shall serve as chairman of the transition team.

Stage 2: Initial election to January 1, 2001.

The newly elected government assumes limited powers to plan for the new government. During this period, the board of commissioners may exercise the following powers:

(a) Begin preparation for the appointment of the administrator and attorney;

(b) Hold meetings, establish committees, plan the establishment of boundaries of the general and urban services districts, and plan for and schedule the initial organization of Hawkinsville-Pulaski County, Georgia, in accordance with the applicable provisions of this charter. The board of commissioners shall be authorized to receive and expend appropriations from the Board of Commissioners of the City of Hawkinsville and the commissioner of Pulaski County for the purposes of performing its responsibilities as provided in this charter;

(c) Begin preparation of the initial budget; and
(d) Begin preparation of plans and schedules for the consolidation of the various departments and agencies of the City of Hawkinsville and Pulaski County.

Stage 3: January 1, 2001, to June 30, 2001.
The Board of Commissioners of Hawkinsville-Pulaski County, Georgia, takes office operating under the initial budget which is provided for in Section 9-1-6 of this charter. The budget for fiscal year 2002 is prepared. During this period, the government would begin combining operations.

Stage 4: July 1, 2001, to June 30, 2002.
The consolidated government begins operations under the first consolidated government budget.

ARTICLE X REFERENDA ON THE CHARTER
SECTION 10-1-1. Referenda on the charter.
(a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Hawkinsville shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Hawkinsville for approval or rejection, and the election superintendent of Pulaski County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Pulaski County for approval or rejection. The election superintendents shall conduct those elections on the third Tuesday in September, 1999, and shall issue the calls and conduct those elections as provided by general law. The superintendents shall cause the date and purpose of the elections to be published once a week for two weeks immediately preceding the date thereof in the official organ of Pulaski County. The ballot in each election shall have written or printed thereon the words:

MONDAY, FEBRUARY 15, 1999

455

"( ) YES ( ) NO

Shall the charter reorganizing and consolidating the governments of the City of Hawkinsville and Pulaski County and creating a single county-wide government to supersede and replace those governments be approved?"

(b) All persons desiring to vote for approval of the charter shall vote "Yes," and those persons desiring to vote for rejection of the charter shall vote "No." If more than onehalf of the votes cast on such question by the qualified voters of the City of Hawkinsville are for approval of the charter and if more than one-half of the total number of votes cast on such question by the qualified voters of Pulaski County are for approval of the charter, then the charter shall become effective in the manner provided for in Section 10-1-3 of this Act. Otherwise, it shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election in Pulaski County shall be borne by Pulaski County, and the expense of such election in the City of Hawkinsville shall be borne by the City of Hawkinsville.

(c) The special elections shall be conducted pursuant to Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code."

(d) A qualified voter, as used in this Act, shall mean a voter of Pulaski County qualified to vote for members of the General Assembly of Georgia. The superintendent of elections shall certify the returns to the Secretary of State. The superintendent of elections shall also furnish a certified copy of the charter to the Secretary of State. The Secretary of State shall issue a proclamation showing and declaring the result of the elections on the approval or rejection of the charter. One copy of the proclamation shall be attached to the copy of the charter certified to the Secretary of State. One copy of the proclamation shall be delivered to the clerk of the governing authority of the City of Hawkinsville who shall attach the same to the copy of the charter previously certified to him or her. One copy of the proclamation shall be delivered to the clerk of the governing authority of Pulaski County who shall attach the same to the copy of the charter previously certified to him or her.

(e) Whenever a charter for the consolidation of the governments of the City of Hawkinsville and Pulaski County has been accepted, the above-certified copies thereof, with the proclamation of the Secretary of State of Georgia attached thereto, shall be deemed duplicate original copies of the charter for all purposes. The certified copy of the charter and proclamation deposited with the clerk of the governing authority of the City of Hawkinsville and the certified copy of the charter and proclamation deposited with the clerk of the governing authority of Pulaski County shall subsequently be delivered by them to the successor government. The successor government may issue certified copies of the charter, and any copy so certified shall be deemed a duplicate original copy of the charter of Hawkinsville-Pulaski County, Georgia, for all purposes. The Secretary of State is authorized to issue certified copies of the charter on file, and any copy so certified shall be deemed a duplicate original copy of the charter of Hawkinsville-Pulaski
County, Georgia, for all purposes.

SECTION 10-1-2. Effective dates.
(a) Section 10-1-1 and this section shall become effective upon their approval by the Governor or upon their becoming law without such approval.
(b) Those provisions of this Act necessary for the election of members of the Board of Commissioners of Hawkinsville-Pulaski County, Georgia, shall become effective January 1, 2000.
(c) The remaining provisions of this Act shall become effective on January 1, 2001, only under the conditions specified in Section 10-1-1.

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SECTION 10-1-3. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
District No. 1 PULASKI Tract: 9502. Block: 118A Block: That part of 118B which lies south of a creek branch which runs generally parallel to and lies south of Camden Way Street Block: 118C, 119, 120, 122, 141A, 141B, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 163A, 163B, 163C, 163D, 164, 165, 166, 167A, 167B, 167C, 168, 169, 170, 171, 172A, 172B, 201, 202, 203, 204, 205, 206, 207, 211, 212, 213, 214, 215, 301, 302, 303, 304, 307, 308, 314A, 314B, 315, 503, 508, 509A, 509B, 509C, 513, 531
District No 2 PULASKI Tract: 9502. Block: 124, 125, 135, 136, 137, 138, 139, 140, 155, 156, 157, 158, 159, 160, 161, 504, 505, 506A, 506B, 507B, 510A, 510B, 511, 512, 514, 515, 516, 517, 518, 519, 523, 524, 525, 526, 527, 528, 529, 530A, 530B, 532, 533, 534, 535, 536, 537, 538, 539A, 539B, 539C, 539D, 539E, 539F, 539G, 539H, 540, 549A, 549B, 550A, 550B, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 618, 619, 620A, 620B, 621, 622, 623, 624A, 624B, 625, 628A, 628B
District No. 3 PULASKI Tract: 9502. Block: 208, 209, 210, 305, 306, 309, 310, 311, 312, 313, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 401, 402, 403, 404, 405, 406, 407, 408, 410, 411, 412, 413, 414, 415, 416, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 441, 442, 639, 640, 641, 642, 643, 644, 645, 646, 647, 648, 652, 653, 654, 655, 656, 657 Tract: 9503. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 154, 155, 156, 157, 176, 177, 178, 194, 195, 196, 197, 201, 202, 240, 241, 242, 244, 265, 266
District No. 4 PULASKI Tract: 9501. Tract: 9502. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117 Block: That part of 118B which lies north of a creek branch which runs generally parallel to and lies south of Camden Way Street Block: 121, 123, 126, 127, 128, 129, 130, 131, 132, 133, 162
District No. 5 PULASKI Tract* 9502 Block: 134, 409, 417, 418, 419, 432, 433, 434, 435, 436, 437, 438, 439, 440, 501, 502, 520, 521, 522, 541, 542, 543, 544, 545, 546, 547, 548, 617, 626A, 626B, 627A, 627B, 627C, 629A, 629B, 630, 631A, 631B, 632, 633, 634A, 634B,

MONDAY, FEBRUARY 15, 1999

457

635, 636, 637, 638A, 638B, 649, 650, 651 Tract: 9503.
Block: 151, 152, 153, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 243, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294
The following amendment was read and adopted:

Representative Floyd of the 138th moves to amend the Senate substitute to HB 197 by striking "10-1-3" and inserting in its place "10-1-2" on line 36 of page 33.
Representative Floyd of the 138th moved that the House agree to the Senate substitute, as amended by the House, to HB 197.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time: HB 143. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of
the 141st, Smyre of the 136th and Smith of the 175th

A BILL

To amend an Act providing appropriations for the State Fiscal Year 1998-1999 known as the "General Appropriations Act", approved April 20, 1998 (Ga. L. 1998, p. 1402), so as to change certain appropriations for the State Fiscal Year 1998-1999; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA

An Act providing appropriations for the State Fiscal Year 1998-1999, as amended, known as the "General Appropriations Act" approved April 20, 1998 (Ga. L. 1998, p. 1402), is further amended by striking everything following the enacting clause through Section 61, and by substituting in lieu thereof the following:

"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1998, and ending June 30, 1999, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and General Funds of the State, including surplus, reserves and a revenue estimate of $11,849,775,000 (excluding the Indigent Trust Fund and Lottery Receipts) for State Fiscal Year 1999.

PART I. LEGISLATIVE BRANCH

Section 1. General Assembly. Budget Unit: General Assembly .....................................................$ Personal Services - Staff...............................................................$

27,801,978 15,008,147

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Personal Services - Elected Officials........ Regular Operating Expenses..................... Travel - Staff.............................................. Travel - Elected Officials........................... Capital Outlay............................................ Equipment................................................... Computer Charges...................................... Real Estate Rentals ................................... Telecommunications................................... Per Diem, Fees and Contracts - Staff...... Per Diem, Fees and Contracts - Elected
Officials.................................................... Per Diem Differential................................. Photography................................................ Expense Reimbursement Account............. Total Funds Budgeted................................ State Funds Budgeted...............................

4,064,823 2,647,935
107,000 7,000 0
218,000 835,450
5,000 652,500 85,422
2,418,701 519,200 100,000
1,132,800 27,801,978 27,801,978

Senate Functional Budgets

Total Funds

State Funds

Senate and Research Office Lt. Governor's Office Secretary of the Senate's
Office Total

$

4,457,828

$

812,851

$

1,227,745

$

6,498,424

4,457,828 812,851
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 Budget

Total Funds

State Funds

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budget 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 member-

MONDAY, FEBRUARY 15, 1999

459

ship in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits and Accounts. 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 ..................................................................$

23,273,583 19,639,785
718,274 597,740 315,374
17,500 962,662
68,800 676,910 276,538 23,273,583 23,273,583

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 Superior Court Clerks..............................................$ Payment to Resource Center........................................................$ Computerized Information Network............................................$ Total Funds Budgeted...................................................................$ State Funds Budgeted ..................................................................$

102,815,650 13,477,801 85,644,300 3,022,726 1,576,573 40,500 500,000 741,000 105,002,900 102,815,650

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Judicial Branch Functional Budgets

Total Fund

State Funds

Supreme Court Court of Appeals Superior Courts - Judges Superior Courts - 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

7,167,552 $ 8,501,549 $ 41,233,132 $
32,298,161 $ 1,279,908 $
832,114 $ 5,355,169 $
166,759 $ 4,849,709 $
2,968,106 $
350,741 $ 105,002,900 $

6,358,843 8,451,549 41,235,132
31,073,890 1,279,908
832,114 5,275,899
166,759 4,849,709
2,968,106
323,741 102,815,650

PART III. EXECUTIVE BRANCH

Section 4. Department of Administrative Services. A. Budget Unit: Department of Administrative Services ..................................................................$ Personal Services...........................................................................$ Regular Operating Expenses........................................................$ Travel..............................................................................................$ Motor Vehicle Purchases...............................................................$ Equipment...................................................................................... $ Computer Charges.........................................................................! Real Estate Rentals ......................................................................$ Telecommunications ......................................................................$ Per Diem, Fees and Contracts .....................................................$ Rents and Maintenance Expense ................................................$ Utilities...........................................................................................$ Payments to DOAS Fiscal Administration .................................$ Direct Payments to Georgia Building Authority for Operations...........................................................$ Telephone Billings.........................................................................$ Radio Billings ................................................................................$ Materials for Resale......................................................................$ Public Safety Officers Indemnity Fund ......................................$ Health Planning Review Board Operations ...............................$ Payments to Aviation Hall of Fame.............. ..............................$ Payments to Golf Hall of Fame ...................................................$ Alternative Fuels Grants..............................................................$ Total Funds Budgeted...................................................................$
State Funds Budgeted ..................................................................$

43,295,169 59,515,393 12,770,190
509,767 794,834 1,876,908 1,313,978 3,574,350 377,031 3,207,952 10,024,892
0 0
1,334,118 61,155,300
733,484 20,039,840
550,000 35,000 48,500 75,000 232,500 178,169,037 43,295,169

MONDAY, FEBRUARY 15, 1999

461

Departmental Functional Budgets

Total Fund

Administration Statewide Business Services General Support Services Information Technology State Properties Commission Office of the Treasury and Fiscal
Services Office of State Administrative
Hearings
Total

11,139,342

7,696,794

31,935,600

:

120,877,452

:

666,886

:

1,554,571

i

4,298,392

: 178,169,037

B. Budget Unit: Georgia Building Authority.. Personal Services............................................ Regular Operating Expenses......................... Travel............................................................... Motor Vehicle Purchases................................ Equipment....................................................... Real Estate Rentals ....................................... Per Diem, Fees and Contracts...................... Computer Charges.......................................... Telecommunications ....................................... Utilities............................................................ Capital Outlay ................................................ Contractual Expense...................................... Facilities Renovations and Repairs .............. Total Funds Budgeted.................................... State Funds Budgeted...................................

State Funds

$

3,638,278

$

4,270,610

$

232,500

$

30,249,746

$

666,886

$

212,926

$

4,024,223

$

43,295,169

0 21,629,551 15,551,099
117,000 200,000 196,800
15,071 430,000 268,100 232,970
0 665,000
0 0 39,305,591 0

Departmental Functional Budgets

Administration Facilities Program Operations Security Sales Van Pool Total

Total Fund

$

14,266,402

$

2,268,723

$

11,581,408

$

6,529,238

$

4,276,672

$

383,148

$

39,305,591

State Funds

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

43,510,459 32,612,659 4,307,615
1,110,000 302,000 440,136 667,341 814,475 412,585
1,159,741 983,240

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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................................ Renovation, Construction, Repairs and
Maintenance Projects at Major and Minor Markets............................................................ Capital Outlay .................................................... Contract - Federation of Southern Cooperatives.................................................... Total Funds Budgeted........................................ State Funds Budgeted.......................................

3,099,872
2,917,861 275,000
10,035,000 175,000
772,167
150,000 0
40,000 60,274,692 43,510,459

Departmental Functional Budgets

Total Fund

State Funds

Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field
Forces Total

9,508,471 16,271,009 5,876,918 6,754,382 13,735,723
8,128,189 60,274,692

8,262,293 13,263,874 2,201,918 6,567,382 8,331,023
4,883,969 43,510,459

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

0 954,151 196,667
4,000 0
5,560 9,500
0 7,500 69,500 200,867 120,000 1,567,745
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...................................................................................... $

9,846,715 7,997,201
448,929 403,199 112,380 136,122

MONDAY, FEBRUAEY 15, 1999

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.................................................................. Computer Charges..................................................... Real Estate Rentals.................................................. Telecommunications .................................................. Per Diem, Fees and Contracts ................................. Contracts for Regional Planning and Development........................................................... Local Assistance Grants........................................... Appalachian Regional Commission Assessment..... Community Development Block Grants (Federal). Payments to Music Hall of Fame Authority........... Payments to Sports Hall of Fame ........................... Local Development Fund.......................................... Payment to State Housing Trust Fund .................. Community Service Grants...................................... HOME Program......................................................... Payment to Georgia Environmental Facilities Authority................................................................. Regional Economic Business Assistance Grants.... Regional Assistance Program................................... State Commission on National and Community Service..................................................................... EZ/EC Administration .............................................. Contracts for Homeless Assistance.......................... HUD - Section 8........................................................ Total Funds Budgeted............................................... State Funds Budgeted..............................................

Departmental Functional Budgets

Total Funds

Executive Planning and Environmental
Management Business and Financial Assistance Housing and Finance Accounting, Budgeting and
Personnel Rental Assistance Administration and Computer
Support Music Hall of Fame

1,002,413
3,957,948 39,023,364
7,552,959
6,072,871 55,352,503
8,869,673 1,699,708

463
277,396 385,053
73,000 13,435 9,846,715 9,846,715

35,000,477 18,595,435 2,330,783
503,683 150,000 414,214 790,035 1,395,731 507,228 2,322,660
1,959,945 5,854,250
133,355 30,000,000
757,051 853,337 650,000 3,281,250 5,000,000 2,717,047
2,391,383 5,225,000 1,187,500
616,338 189,073 1,250,000 50,000,000 139,075,298 35,000,477

State Funds

$

642,175

$

3,744,392

$

7,498,237

$

2,717,047

$

4,732,663

$

0

$

7,619,324

$

0

464

JOURNAL OF THE HOUSE

Community Service External Affairs Total

10,632,637 4,911,222 139,075,298

Section 8. Department of Corrections. A, Budget Unit: Administration, Institutions
and Probation....................................................... Personal Services.......................................................................... Regular Operating Expenses....................................................... Travel............................................................................................. Motor Vehicle Purchases.............................................................. Equipment..................................................................................... Computer Charges........................................................................ Real Estate Rentals..................................................................... Telecommunications ..................................................................... Per Diem, Fees and Contracts.................................................... Capital Outlay .............................................................................. Utilities.......................................................................................... Court Costs ................................................................................... County Subsidy............................................................................. County Subsidy for Jails ............................................................. County Workcamp Construction Grants.................................... Central Repair Fund.................................................................... Payments to Central State Hospital for Meals......................... Payments to Central State Hospital for
Utilities...................................................................................... Payments to Public Safety for Meals......................................... Inmate Release Fund................................................................... Health Services Purchases.......................................................... Payments to MAG Certification..................................................
University of Georgia - College of Veterinary Medicine Contracts................................................
Minor Construction Fund............................................................ Total Funds Budgeted.................................................................. Indirect DOAS Funding............................................................... State Funds Budgeted .................................................................

Departmental Functional Budgets

Total Fund

Executive Operations Administration Human Resources Field Probation Facilities Total

$ 128,500,139

$

13,143,708

$

9,058,203

$

63,742,585

$ 642,274,594

$ 856,719,229

B. Budget Unit: Board of Pardons and Paroles..........................
Personal Services................................. Regular Operating Expenses.............. Travel.................................................... Motor Vehicle Purchases..................... Equipment............................................ Computer Charges...............................
Real Estate Rentals ............................

3,676,824 4,369,815 35,000,477

817,947,526 523,624,935 63,405,287
2,448,731 2,194,938 3,968,410 5,580,060 6,023,610 6,890,410 13,681,734 85,008,625 23,023,618 1,200,000 20,188,333 11,269,055
0 1,093,624 3,959,700
1,556,055 577,160
1,458,972 78,239,108
66,620
366,244 894,000 856,719,229 450,000 817,947,526

State Funds

$ 109,793,139

$ 12,843,708

$

9,058,203

$ 63,262,585

$ 622,989,891

$ 817,947,526

46,929,963 36,517,390
1,626,500 549,700 272,500 194,425 580,000
2,920,298

MONDAY, FEBRUARY 15, 1999

465

Telecommunications ......................... Per Diem, Fees and Contracts........ County Jail Subsidy......................... Health Services Purchases.............. Total Funds Budgeted...................... State Funds Budgeted.....................

965,000 2,293,650
860,500 15,000
46,794,963 46,794,963

Section 9. Department of Defense. Budget Unit: Department of Defense. Personal Services.............................. Regular Operating Expenses........... Travel................................................. Motor Vehicle Purchases.................. Equipment......................................... Computer Charges............................ Real Estate Rentals ......................... Telecommunications......................... Per Diem, Fees and Contracts........ Capital Outlay .................................. Total Funds Budgeted...................... State Funds Budgeted.....................

5,538,547 11,468,131 10,398,783
42,375
0 12,000 59,211 24,400 97,973 514,200
0 22,617,073
5,538,547

Departmental Functional Budgets

Total Funds

State Funds

Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard Total

1,797,318 5,910,336 14,909,419 22,617,073

1,541,007 683,360
3,314,180 5,538,547

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

4,823,358,757
36,659,106 6,772,596 1,242,889
0 93,497 21,201,061 1,351,240 1,227,256 56,205,576 793,952
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

466

JOURNAL OF THE HOUSE

Media..............................................................................................$ Indirect Cost ..................................................................................$ Pupil Transportation.....................................................................^ Local Fair Share............................................................................$ Mid-Term Adjustment Reserve ....................................................$ Other Categorical Grants: Equalization Formula....................................................................$ Sparsity Grants .............................................................................$ In School Suspension....................................................................$ Special Instructional Assistance..................................................! Middle School Incentive................................................................$ Special Education Low - Incidence Grants.................................$ Limited English-Speaking Students Program............................$ Non-QBE Grants: Education of Children of Low-Income Families .........................$ Retirement (H.B. 272 and H.B. 1321).........................................$ Instructional Services for the Handicapped ...............................$ Tuition for the Multi-Handicapped .............................................$ Severely Emotionally Disturbed ..................................................$ School Lunch (Federal) .................................................................$ School Lunch (State).....................................................................$ Supervision and Assessment of Students
and Beginning Teachers and Performance-Based Certification................................................................................$ Regional Education Service Agencies..........................................$ Georgia Learning Resources System...........................................$ High School Program .,.....................................................,............$ Special Education in State Institutions......................................$ Governor's Scholarships................................................................$ Counselors......................................................................................$ Vocational Research and Curriculum..........................................$ Even Start......................................................................................$ Child Care Lunch Program (Federal)..........................................$ Chapter II - Block Grant Flow Through ....................................$ Payment of Federal Funds to Board of Technical and Adult Education ................................................$ Education of Homeless Children/Youth.......................................$ Innovative Programs .....................................................................$ Next Generation School Grants ...................................................$ Drug Free School (Federal) ..........................................................$ At Risk Summer School Program................................................$ Emergency Immigrant Education Program................................$ Title II Math/Science Grant (Federal).........................................$ Robert C. Byrd Scholarship (Federal) .........................................$ Health Insurance - Non-Cert. Personnel and Retired Teachers ........................................................................$ Pre-School Handicapped Program ...............................................$ Mentor Teachers............................................................................$ Serve America Program................................................................$ Youth Apprenticeship Grants.......................................................$ Remedial Summer School.............................................................$ Alternative Programs....................................................................$ Environmental Science Grants ....................................................$ Pay for Performance......................................................................$ Mentoring Program........................... ............................................$ Charter Schools .............................................................................$ Migrant Education ........................................................................$

126,497,757 769,988,915 151,308,728 (806,623,477) 85,000,528
204,279,413 3,158,000 30,151,010
103,079,409 92,448,869
620,134 22,468,186
235,850,010 5,508,750
54,732,103 2,300,000
49,458,630 188,375,722 33,769,043
1,491,147 10,496,210 3,699,262 31,191,008 3,884,639 3,603,824 12,205,002
293,520 2,907,636 89,190,742 9,913,513
17,650,639 749,301
1,690,215 500,000
11,625,943 4,632,785 1,227,493 5,042,895 1,047,000
99,547,892 18,613,363 1,250,000
382,597 4,340,000 1,689,931 12,924,311
100,000 7,618,000
500,000 1,164,604
274,395

MONDAY, FEBRUARY 15, 1999

467

Advance Placement Exams ..........................................................$ PSAT Exams..................................................................................$ State and Local Education Improvement ...................................$ Educational Technology Support..................................................$ Student Record Grant...................................................................$ Joint Evening Programs ...............................................................$ Year 2000 Project Funding...........................................................$ Total Funds Budgeted...................................................................$ Indirect DOAS Services Funding.................................................$ State Funds Budgeted ..................................................................$

1,608,000 756,500
4,962,356 15,401,836
981,050 267,333 1,033,871 5,500,979,947 340,000 4,823,358,757

Departmental Functional Budgets

Total Fund

State Funds

State Administration Student Learning and Assessment Governor's Honors Program Quality and School Support Federal Programs Technology Local Programs Georgia Academy for the Blind Georgia School for the Deaf Atlanta Area School for the Deaf Office of School Readiness Total

9,537,106 46,403,908
1,261,927 8,316,143 7,463,466 34,167,737 5,374,748,903 5,706,124 4,748,090 5,525,035 3,101,508 5,500,979,947

$

7,542,223

$

40,549,375

$

1,184,338

$

6,027,581

$

482,894

$ 31,437,995

$ 4,720,173,508

$

5,295,437

$

4,508,563

$

5,044,293

$

1,112,550

$ 4,823,358,757

B. Budget Unit: Lottery for Education ............ Pre-Kindergarten - Grants............................. Pre-Kindergarten - Personal Services........... Pre-Kindergarten - Operating Expenses....... Education Technology Center......................... Alternative Programs...................................... Capital Outlay................................................. Postsecondary Options.................................... Computers in the Classroom.......................... Assistive Technology ....................................... Technology Specialists..................................... Accounting, Management and Student Information System..................................... Total Funds Budgeted..................................... Lottery Funds Budgeted.................................

321,210,972 210,788,979
1,992,303 5,047,677
660,000 0
60,863,547 4,064,736 26,787,000 2,000,000
0
9,006,730 321,210,972 321,210,972

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.....................................

673,425 2,042,086
230,100 18,000 0 1,450
556,432 327,900
44,001 1,363,105
673,425 4,583,074

468

JOURNAL OF THE HOUSE

State Funds Budgeted ..................................................................$

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 .....................................................$ Capital Outlay ...............................................................................$ Ware County - Ad Valorem Tax...................................................$ Ware County Tax...........................................................................$ Total Funds Budgeted...................................................................$ State Funds Budgeted ..................................................................$

38,218,400 29,062,867 5,753,394
162,613 1,421,975 4,289,581
347,500 21,420 1,160,555 813,221 241,752 60,000 28,500 43,363,378 38,218,400

Departmental Functional Budgets

Total Funds

State Funds

Reforestation Field Services General Administration and
Support Total

$

2,057,502 $

28,901

$

36,829,387 $

33,881,165

$

4,476,489 $

4,308,334

$

43,363,378 $

38,218,400

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

53,177,340 40,274,591
6,417,001 441,379 294,000
1,140,540 655,400 380,645
1,014,739 2,075,045
484,000 0
53,177,340 53,177,340

Departmental Functional Budgets

Total Funds

State Funds

Administration Investigative Georgia Crime Information Center Forensic Sciences Total

$

4,364,733 $

4,364,733

$

25,749,032 $

25,749,032

$

9,778,901 $

9,778,901

$

13,284,674 $

13,284,674

$

53,177,340 $

53,177,340

MONDAY, FEBRUARY 15, 1999

469

Section 14. Office of the Governor. A. Budget Unit: Office of the Governor .........................................$ Personal Services...........................................................................$ Regular Operating Expenses........................................................$ Travel..............................................................................................$ Equipment......................................................................................$ Computer Charges.........................................................................$ Real Estate Rentals ......................................................................$ Telecommunications ......................................................................$ Per Diem, Fees and Contracts.....................................................! Cost of Operations.........................................................................$ Mansion Allowance........................................................................! Governor's Emergency Fund........................................................! Intern Stipend and Travel ...........................................................$ Art Grants of State Funds...........................................................$ Art Grants of Non-State Funds...................................................$ Humanities Grant - State Funds ................................................$ Children and Youth Grants..........................................................$ Juvenile Justice Grants ................................................................$ Georgia Crime Victims Assistance Program ..............................$ Grants to Local Systems ..............................................................$ Grants - Local EMA......................................................................$ Grants - Civil Air Patrol ..............................................................$ Transition Fund.............................................................................! Total Funds Budgeted...................................................................! State Funds Budgeted ..................................................................$

50,654,074 16,876,717
1,053,218 242,403 100,820 674,198
1,060,101 485,011
3,893,523 3,279,146
40,000 22,501,789
148,913 4,000,000
251,567 175,000 262,605 1,915,800 100,000 684,400 1,085,968 57,000 50,000 58,938,179 50,654,074

Departmental Functional Budgets

Total Funds

State Funds

Governor's Office Office of Planning and Budget Council for the Arts Office of Equal Opportunity Office of Consumer Affairs Criminal Justice Coordinating
Council Children and Youth Coordinating
Council Human Relations Commission Professional Standards Commission Georgia Emergency Management
Agency Office of Information
Technology Total

$ 26,019,848 $ 26,019,848

$

7,947,274 $

7,947,274

$

5,282,397 $

4,639,681

$

1,085,860 $

796,693

$

3,406,398 $

3,287,398

$

1,417,092 $

307,193

$

2,753,055 $

583,967

$

308,849 $

308,849

$

4,982,203 $

4,982,203

$

5,071,508 $

1,117,273

$

663,695 $

663,695

! 58,938,179 $ 50,654,074

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.....................................................................................-!

1,216,988,151
75,289,056 2,804,309 1,734,518 1,573,678
111,313

470

JOURNAL OF THE HOUSE

Computer Charges.................................. Real Estate Rentals ............................... Telecommunications ............................... Per Diem, Fees and Contracts.............. Special Purpose Contracts..................... Service Benefits for Children................ Purchase of Service Contracts .............. Operating Expenses ............................... Major Maintenance and Repairs .......... Postage..................................................... Payments to DMA - Community Care. Grants to County DFACS-Operations.. Total Funds Budgeted............................ Indirect DOAS Service Funding........... State Funds Budgeted...........................

Departmental Functional Budgets

Total Funds

Commissioner's Office Planning and Budget Services Children's Community Based
Initiative Troubled Children's Placement Transportation Services Office of Rural Health Facilities Management Technology and Support Regulatory Services - Program
Direction and Support Child Care Licensing Health Care Facilities Regulation Fraud and Abuse Financial Services Auditing Services Human Resource Management Human Resources and Org.
Development Indirect Cost
Policy and Government Services Aging Services Developmental Disabilities Council State Health Planning Agency Office of Adoption
Services Total

1,063,023 4,099,356
8,477,499 46,486,389 9,175,212
111,648 5,326,156 83,779,292
592,106 3,119,082 10,775,409 6,440,923 7,095,283 1,932,078 7,000,098
1,285,580
1,297,150 69,458,019
1,683,721 1,828,646
7,496,417 278,523,087

2. Public Health Budget: Personal Services.......................... Regular Operating Expenses....... Travel............................................. Motor Vehicle Purchases .............. Equipment..................................... Computer Charges........................ Real Estate Rentals...................... Telecommunications......................

45,057,557 4,667,716 9,344,247 9,672,474
0 46,486,389 55,927,874
714,564 89,214 830,352 22,941,710 1,278,116 278,523,087 3,982,840 157,773,878

State Funds

$

1,063,023

$

4,099,356

$

8,102,499

$

33,335,726

$

773,003

$

111,648

$

4,076,660

$

46,772,621

$

582,106

$

3,092,513

$

5,099,493

$

2,318,527

$

5,745,248

$

1,932,078

$

7,000,098

$

1,285,580

$ (14,714,419)

$

1,297,150

$

38,592,570

$

49,164

$

1,728,646

$

5,430,588

$ 157,773,878

49,747,200 75,501,063
850,046 0
195,367 0
1,283,987 904,761

MONDAY, FEBRUARY 15, 1999

Per Diem, Fees and Contracts..... Special Purpose Contracts........... Purchase of Service Contracts..... Grant-In-Aid to Counties............. Major Maintenance and Repairs. Postage........................................... Medical Benefits............................ Total Funds Budgeted.................. Indirect DOAS Service Funding.. State Funds Budgeted..................

Departmental Functional Budgets

Total Funds

District Health Administration Newborn Follow-Up Care Oral Health Stroke and Heart Attack Prevention Sickle Cell, Vision and Hearing High-Risk Pregnant Women and
Infants Sexually Transmitted Diseases Family Planning Women, Infants and Children -
Nutrition Grant in Aid to Counties Children's Medical Services Emergency Health Primary Health Care Epidemiology Immunization Community Tuberculosis Control Family Health Management Infant and Child Health Maternal Health - Perinatal Chronic Disease Diabetes Cancer Control Director's Office Vital Records Health Services Research Environmental Health Laboratory Services Community Health Management AIDS Drugs and Clinic Supplies Adolescent Health Public Health - Planning Councils Early Intervention Injury Control Public Health - Division Indirect
Cost Total

13,187,156 1,621,801 1,728,103 2,264,400 4,556,076
5,148,516 3,142,667 10,914,939
83,836,266 71,867,335 13,224,198
3,781,966 1,541,005 1,709,774 1,566,915 5,858,685
947,765 1,072,210 2,629,740
213,052 583,309 5,292,059 1,899,972 1,951,438 539,144 1,970,860 6,888,270 173,874 10,447,212 10,740,045 13,257,102 181,710 13,356,155 358,474
$ 298,452,194

3. Rehabilitation Services Budget: Personal Services.................................

471
5,178,731 317,732
16,608,164 142,417,964
34,500 190,457 5,222,222 298,452,194 324,160 161,662,291

State Funds

$

13,060,221

$

1,343,698

$

1,402,928

$

1,151,788

$

3,789,257

$

5,148,516

$

1,081,142

$

5,837,156

$

0

$

70,713,563

$

6,532,632

$

2,431,253

$

1,433,783

$

1,457,633

$

0

$

4,360,684

$

647,705

$

584,991

$

1,148,007

$

213,052

$

583,309

$

5,292,059

$

1,642,788

$

1,696,341

$

539,144

$

1,458,987

$

6,618,271

$

173,874

$

6,003,156

$

2,640,380

$

2,906,090

$

164,213

$

11,015,451

$

215,836

(1,625,617) $ 161,662,291

83,971,553

472

JOURNAL OP THE HOUSE

Regular Operating Expenses ....... Travel............................................. Motor Vehicle Purchases.............. Equipment ..................................... Computer Charges........................ Real Estate Rentals...................... Telecommunications...................... Per Diem, Fees and Contracts..... Case Services................................. Special Purpose Contracts........... Purchase of Services Contracts ... Major Maintenance and Repairs. Utilities.......................................... Postage ........................................... Total Funds Budgeted.................. Indirect DOAS Service Funding.. State Funds Budgeted..................

Departmental Functional Budgets

Total Funds

Vocational Rehabilitation Services Independent Living Sheltered Employment Community Facilities Program Direction and Support Grants Management Disabilities Adjudication Georgia Factory for Blind Roosevelt Warm Springs
Institute Total

62,830,592 768,949 511,903
10,471,695 1,634,051 744,540
46,035,799 12,333,607
27,950,786 163,281,922

4. Family and Children Services Budget: Personal Services............................................. Regular Operating Expenses.......................... Travel................................................................ Motor Vehicle Purchases................................. Equipment........................................................ Computer Charges........................................... Real Estate Rentals......................................... Telecommunications......................................... Per Diem, Fees and Contracts........................ Children's Trust Fund..................................... Cash Benefits................................................... Special Purpose Contracts.............................. Service Benefits for Children ......................... Purchase of Service Contracts........................ Postage.............................................................. Grants to County DFACS Operations..................................................... Total Funds Budgeted..................................... Indirect DOAS Service Funding..................... State Funds Budgeted.....................................

11,608,147 1,567,496
50,582 803,072 302,541 5,103,781 2,360,907 10,841,499 32,289,559 735,245 11,883,883 255,000 859,650 649,007 163,281,922 100,000 24,827,608
State Funds
13,578,602 333,969 511,903
2,851,205 566,944 744,540 0 911,649
5,328,796 24,827,608
45,304,467 4,580,914 1,007,972
0 443,950
0 3,745,843 1,059,070 27,026,214 3,992,945 281,422,326 6,867,433 258,134,622 31,016,860 2,037,559
323,485,851 990,126,026
0 358,553,882

MONDAY, FEBRUARY 15, 1999

Departmental Functional Budgets

Total Funds

Director's Office Social Services Administrative Support Quality Assurance Community Services Field Management Human Resources Management Economic Support Child Support Recovery AFDC Payments SSI -; Supplemental Benefits Refugee Programs Energy Benefits County DFACS Operations -
Eligibility County DFACS Operations - Social
Services Food Stamp Issuance County DFACS Operations -
Homemaker Services County DFACS Operations - Joint and Administration County DFACS Operations Employability Program Employability Program Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Prevention of Foster Care Day Care Special Projects Children's Trust Fund Indirect Cost Total

$

595,539

$

3,830,645

$

2,768,398

$

4,199,523

$

11,592,055

$

1,243,216

$

2,458,110

$

5,047,288

$

60,080,399

$ 271,131,764

$

1,122,012

$

2,799,420

$

7,223,130

$ 121,788,835

$ 100,017,177

$

3,190,752

8,649,308 70,247,822

22,782,709 45,257,515
4,290,503 36,785,262 15,713,415
6,646,142 19,610,612 10,044,785 143,320,622 3,696,123 3,992,945
0 990,126,026

Budget Unit Object Classes:

5. Mental Health/Mental Retardation and Substance Abuse............................ Personal Services.................................... Operating Expenses ............................... Motor Vehicle Equipment Purchases.... Utilities.................................................... Major Maintenance and Construction., Community Services............................... Total Funds Budgeted............................ Indirect DOAS Service Funding........... State Funds Budgeted...........................

473

State Funds

$

595,539

$

3,318,604

$

2,489,095

$

4,199,523

$

1,311,682

$

1,243,216

$

1,452,319

$

3,151,178

$

9,958,630

$

53,247,444

$

1,122,012

$

0

$

0

$

60,005,156

$

37,725,200

$

0

2,530,614 34,370,011

8,507,737 15,861,742 2,520,990 23,915,275 11,340,907 5,798,815 14,010,181 8,218,081 53,486,937 3,656,123 3,992,945 (9,476,074) 358,553,882

514,170,492 291,917,988 50,366,612
200,000 10,539,760 1,962,161 340,393,282 695,379,803
1,313,100 514,170,492

474

JOURNAL OF THE HOUSE

Departmental Functional Budgets

Total Funds

Southwestern State Hospital 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

37,317,489
15,642,617
27,519,374
42,182,261 118,968,958
17,709,411
53,750,270 19,986,906 3,975,087
1,091,647 176,863,215
96,478,323 70,398,126 8,394,444 5,101,675 695,379,803

Personal Services......................................................................... Regular Operating Expenses...................................................... Travel............................................................................................ Motor Vehicle Purchases............................................................. Equipment.................................................................................... Computer Charges....................................................................... Real Estate Rentals..................................................................... Telecommunications..................................................................... Per Diem, Fees and Contracts.................................................... Case Services................................................................................ Children's Trust Fund................................................................. Cash Benefits............................................................................... Special Purpose Contracts.......................................................... Service Benefits for Children ..................................................... Purchase of Service Contracts.................................................... Grant-In-Aid to Counties............................................................ Utilities......................................................................................... Postage.......................................................................................... Payment to DMA-Community Care........................................... Medical Benefits........................................................................... Grants to County DFACS - Operations..................................... Major Maintenance and Construction....................................... Community Services .................................................................... Operating Expenses.....................................................................

Section 16. Department of Industry, Trade and Tourism. Budget Unit: Department of Industry, Trade and Tourism.......................................................... Personal Services..................................................................... Regular Operating Expenses..................................................

State Funds

$

22,447,722

$

13,755,725

$

17,097,991

$

31,201,924

$

78,295,168

$

16,078,590

$

29,700,574

$

17,200,667

$

3,056,433

$

955,131

$ 170,932,084

$

65,305,844

$

37,989,981

$

5,829,287

$

4,323,371

$ 514,170,492

546,230,264 94,494,433
5,160,032 1,824,260 1,553,702 45,360,098 14,801,327 13,668,985 52,718,918 32,289,559 3,992,945 281,422,326 7,920,410 304,621,011 115,436,781 142,417,964 11,399,410 3,707,375 22,941,710 5,222,222 324,763,967 2,340,875 340,393,282 51,081,176

23,006,380 11,373,225
1,446,549

MONDAY, FEBRUARY 15, 1999

475

Travel.................................................. Motor Vehicle Purchases................... Equipment.......................................... Computer Charges............................. Real Estate Rentals .......................... Telecommunications .......................... Per Diem, Fees and Contracts......... Local Welcome Center Contracts..... Marketing........................................... Waterway Development in Georgia. Total Funds Budgeted....................... State Funds Budgeted......................

647,475 16,200 95,067
459,480 848,245 400,700 1,413,030 250,600 6,005,809
50,000 23,006,380 23,006,380

Departmental Functional Budgets

Total Funds

State Funds

Administration Economic Development International Trade Tourism Marketing Division Strategic Planning and
Research Total

$

8,178,950

$

4,324,038

$

1,766,560

$

4,534,149

$

1,534,279

$

2,668,404

$

23,006,380

8,178,950 4,324,038 1,766,560 4,534,149 1,534,279
2,668,404 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.
Budget Unit: Department of Juvenile Justice..........................................................................$
Personal Services...........................................................................$

216,328,274 130,079,116

476

JOURNAL OF THE HOUSE

Regular Operating Expenses................... Travel......................................................... Motor Vehicle Purchases.......................... Equipment................................................. Computer Charges.................................... Real Estate Rentals................................. Telecommunications ................................. Per Diem, Fees and Contracts................ Utilities...................................................... Institutional Repairs and Maintenance. Service Benefits for Children.................. Purchase of Service Contracts ................ Juvenile Justice Reserve.......................... Capital Outlay.......................................... Total Funds Budgeted.............................. State Funds Budgeted.............................

Departmental Functional Budgets

Total Funds

Regional Youth Development Centers Bill E. Ireland YDC Augusta YDC Lorenzo Benn YDC Macon YDC Wrightsville YDC YDC Purchased Services Eastman YDC Court Services Day Centers Group Homes Law Enforcement Office CYS Purchased Services Assessment and Classification GAPP Family Enrichment Center Multi-Service Centers Administration Total

48,583,052 18,365,046 12,727,620 7,920,663 6,662,309 16,686,511 27,512,559 11,927,061 22,387,398
413,799 1,028,644 1,955,246 24,531,492
551,455 150,000 3,981,645 17,414,348 222,798,848

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.............. Payments to State Treasury ................. Capital Outlay........................................ Total Funds Budgeted............................ State Funds Budgeted...........................

13,390,511 1,228,034
536,615 724,074 709,302 1,931,185 1,379,468 13,106,103 3,360,020 652,485 22,289,285 30,580,105 1,500,000 1,332,545 222,798,848 216,328,274

State Funds

$ 47,019,654

$ 17,701,534

$ 12,221,190

$

7,670,679

$

6,364,750

$ 16,018,421

$ 26,682,384

$ 11,567,061

$ 22,124,903

$

413,799

$

1,028,644

$

1,955,246

$ 23,573,159

$

551,455

$

150,000

$

3,891,645

$ 17,393,750

$ 216,328,274

11,251,054 76,535,323 6,870,433 1,330,000
0 464,000 3,198,000 2,017,900 1,465,339 54,500,000 5,429,867 1,774,079
0 153,584,941 11,251,054

MONDAY, FEBRUARY 15, 1999

477

Section 20. Department of Law. Budget Unit: Department of Law...................................................$ Personal Services...........................................................................$ Regular Operating Expenses........................................................$ Travel... ...........................................................................................$ Equipment. .....................................................................................$ Computer Charges.........................................................................$ Real Estate Rentals ......................................................................$ Telecommunications ......................................................................$ Per Diem, Fees and Contracts.....................................................$ Books for State Library................................................................$ Total Funds Budgeted...................................................................! State Funds Budgeted ..................................................................$

13,837,210 13,068,257
816,949 199,322 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..................................................................$

1,197,697,467 20,289,881 5,732,000 312,930 165,000 222,000 40,361,600 892,880 556,600 112,417,915
3,233,931,961 772,500
3,415,655,267 1,197,697,467

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office Medicaid Benefits Systems Management Indemnity Chronic Care Reimbursement Services Indemnity Acute Care Legal and Regulatory Managed Care Programs Quality, Eligibility and Third
Party Liability General Administration Total

1,754,407 3,233,931,961
46,442,745 6,511,348 3,134,856 7,624,607 7,854,892 52,489,831
3,759,211 52,161,409 3,415,665,267

!

811,527

$ 1,143,328,658

!

12,998,623

!

2,556,414

!

1,520,621

$

2,690,223

!

3,513,271

!

26,092,164

!

1,376,806

!

2,809,160

! 1,197,697,467

B. Budget Unit: Medicaid Services. 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. Personal Services.............................. Regular Operating Expenses...........

8,623,130 410,607 407,634

478

JOURNAL OF THE HOUSE

Travel..............................................................................................$ Equipment......................................................................................$ Computer Charges.........................................................................$ Telecommunications ......................................................................$ Per Diem, Fees and Contracts .....................................................$ Medicaid Benefits, Penalties and
Disallowances.............................................................................! Total Funds Budgeted...................................................................$ State Funds Budgeted ..................................................................$

50,000 12,000 271,700 14,950 6,060,893
23,933,789 31,161,573 8,623,130

Section 22. Merit System of Personnel
Administration. Budget Unit: Merit System of Personnel
Administration............................................................$ Personal Services...........................................................................! Regular Operating Expenses........................................................$ Travel..............................................................................................$ Equipment......................................................................................! Computer Charges.........................................................................! Real Estate Rentals ......................................................................$ Telecommunications......................................................................! Per Diem, Fees and Contracts.....................................................! Claims Expense.............................................................................! Total Funds Budgeted..................................................................-! Other Agency Funds .....................................................................$ Agency Assessments......................................................................! Employee and Employer Contributions ......................................$ Deferred Compensation ................................................................$ State Funds Budgeted..................................................................$

35,000,000 9,324,819 1,948,626 107,000 30,495 3,613,928 895,630 337,915
261,302,453 961,379,243 1,238,940,109
1,139,025 10,239,210 1,192,213,501
348,373 35,000,000

Departmental Functional Budgets

Total Funds

State Funds

Executive Office Human Resource Administration Employee Benefits Internal Administration Total

!

2,432,889 $

!

5,342,646 $

$ 1,227,245,699 $

$

3,918,875 $

! 1,238,940,109 $

0 0 35,000,000 0 35,000,000

Section 23. Department of Natural Resources. A. Budget Unit: Department of Natural Resources...............................................................! Personal Services...........................................................................! Regular Operating Expenses........................................................! Travel..............................................................................................! Motor Vehicle Purchases...............................................................! Equipment......................................................................................! Computer Charges.........................................................................! Real Estate Rentals ......................................................................$ Telecommunications......................................................................! Per Diem, Fees and Contracts.....................................................! Authority Lease Rentals...............................................................! Advertising and Promotion...........................................................! Cost of Material for Resale..........................................................! Capital Outlay: New Construction..........................................................................!

108,865,788 77,269,779 14,145,445
623,961 1,805,910 2,591,559
836,964 2,444,702 1,282,872 10,613,329
0 675,000 1,304,556
1,032,457

MONDAY, FEBRUARY 15, 1999

479

Repairs and Maintenance.............................................................$ Land Acquisition Support.............................................................$ Wildlife Management Area Land Acquisition............................! Shop Stock - Parks........................................................................$ User Fee Enhancements...............................................................$ Buoy Maintenance.........................................................................! Paving at State Parks and Historic Sites...................................$ Grants: Land and Water Conservation.....................................................! Georgia Heritage 2000 Grants.....................................................$ Contracts: Corps of Engineers (Cold Water Creek State
Park)............................................................................................$ Georgia State Games Commission ..............................................$ U.S. Geological Survey for Ground
Water Resources.........................................................................! Payments to Civil War Commission............................................! Hazardous Waste Trust Fund......................................................! Solid Waste Trust Fund................................................................! Payments to Georgia Agricultural
Exposition 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 ..................................................................$

3,088,000 213,750 722,330 350,000
1,300,000 26,250 500,000
800,000 161,000
170,047 208,272
300,000 31,000
12,790,539 6,132,574
2,342,071 100,000
143,862,367
891,069
2,663,931
0
1,429,219 200,000
108,865,788

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office Program Support Historic Preservation Parks, Recreation and Historic
Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention
Assistance Total

$

5,170,869 !

5,155,869

$

4,128,106 !

4,128,106

$

2,846,757 !

2,356,757

$

37,398,533 !

18,533,646

$

2,516,030 !

2,021,312

$

37,724,481 !

32,377,690

$

53,118,838 $

43,333,655

$

958,753 !

958,753

! 143,862,367 ! 108,865,788

B. Budget Unit: Georgia Agricultural Exposition Authority................................................................!
Personal Services...........................................................................! Regular Operating Expenses........................................................! Travel..............................................................................................! Equipment......................................................................................! Computer Charges.........................................................................!

0 2,885,187 2,040,778
25,000 95,000 20,000

480

JOURNAL OF THE HOUSE

Telecommunications .................. Per Diem, Fees and Contracts. Total Funds Budgeted............... State Funds Budgeted..............

80,000 770,000 5,915,965
0

Departmental Functional Budgets

Total Funds

State Funds

Georgia Agricultural Exposition Authority

$

5,915,965

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

Driver Services Budget: Personal Services...........................................................................$ Regular Operating Expenses........................................................$ Travel..............................................................................................$ Motor Vehicle Purchases...............................................................$ Equipment...................................................................................... $ Computer Charges.........................................................................$ Real Estate Rentals ......................................................................$ Telecommunications ......................................................................$ Per Diem, Fees and Contracts .....................................................$ Conviction Reports ........................................................................$ State Patrol Posts Repairs and Maintenance.............................$ Driver License Processing............................................................$ Total Funds Budgeted...................................................................$ State Funds Budgeted ..................................................................$

19,190,478 1,112,113 61,941 0 62,343 9,000 47,262 273,300 69,000 303,651 34,900 2,734,234
23,898,222 23,898,222

Departmental Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

21,763,287 $

20,263,287

$

23,898,222 $

23,898,222

60,468,969 $

60,318,969

106,130,478 $ 104,480,478

B. Budget Unit: Units Attached for Administrative

MONDAY, FEBRUARY 15, 1999

481

Purposes Only........................................................I 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 ..................................................................$

14,843,486
8,293,835 2,587,526
94,010 64,220 393,546 148,442 156,997 207,037 488,533 2,425,200 3,603,386 300,000 18,762,732 14,843,486

Departmental Functional Budgets

Office of Highway Safety Georgia Peace Officer Standards
and Training Police Academy Fire Academy Georgia Firelighters Standards
and Training Council Georgia Public Safety Training
Facility Total

Total Funds
3,118,086
1,514,787 1,161,166 1,149,978
456,885
11,361,830 18,762,732

State Funds

$

348,840

$

1,514,787

$

1,071,166

$

1,039,978

$

456,885

$ 10,411,830 $ 14,843,486

Section 25. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System .........................................................................$ Payments to Employees' Retirement System .............................$ Employer Contribution .................................................................$ 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 ......................................................................$ Telecommunications ......................................................................$ Per Diem, Fees and Contracts.....................................................! No Call Database ..........................................................................$ Total Funds Budgeted...................................................................! State Funds Budgeted.........,.......................,................................$

9,693,799 8,057,274
635,486 278,106 304,500 71,526 404,786 330,108 168,202 1,214,981 1,065,000 12,529,969 9,693,799

482

JOURNAL OF THE HOUSE

Departmental Functional Budgets

Total Funds

State Funds

Administration Transportation
Utilities Total

$

3,393,720

$

4,186,195

$

4,950,054

$

12,529,969

3,393,720 1,580,886 4,719,193
9,693,799

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 Initiatives ..........................................................$ Office of Minority Business Enterprise.......................................$ Student Education Enrichment Program ...................................$ Forestry Research..........................................................................! Research Consortium....................................................................! Capital Outlay...............................................................................! Total Funds Budgeted...................................................................$ Department Income.......................................................................! Sponsored Income..........................................................................! Other Funds...................................................................................! Indirect DOAS Services Funding.................................................! State Funds Budgeted ..................................................................$

1,399,240,542
1,455,495,686 215,731,047
454,183,917 637,169,805 31,420,581
990,354 361,267 954,461 47,010,000 17,163,263 2,860,480,381 103,648,940 852,900,852 501,650,547 3,039,500 1,399,240,542

B. Budget Unit: Regents Central Office and Other Organized Activities................................................................!
Personal Services: Educ., Gen., and Dept. Svcs.........................................................! Sponsored Operations ...................................................................$ Operating Expenses: Educ., Gen., and Dept. Svcs.........................................................! Sponsored Operations ...................................................................$ Agricultural Research...................................................................! Advanced Technology Development Center................................! Capitation Contracts for Family
Practice Residency.....................................................................! Residency Capitation Grants .......................................................$ Student Preceptorships.................................................................$ Mercer Medical School Grant ......................................................$ Morehouse School of Medicine Grant..........................................! Center for Rehabilitation Technology..........................................! SREB Payments.............................................................................! Medical Scholarships.....................................................................! Regents Opportunity Grants.......................................................-! Regents Scholarships ....................................................................$ Rental Payments to Georgia Military
College.........................................................................................! CRT Inc. Contract at Georgia Tech
Research Institute......................................................................! Pediatric Residency Capitation Contract....................................! Direct Payments to the Georgia Public

189,772,861
290,767,410 118,215,795
130,049,657 70,293,453 2,632,448 17,127,687
4,312,000 1,974,000
176,400 7,660,000 7,394,890 4,567,076 4,827,775 1,463,578
600,000 200,000
1,276,071
179,214 480,000

MONDAY, FEBRUARY 15, 1999

Telecommunications Commission for Operations ............................................ Total Funds Budgeted............................. Department Income................................. Sponsored Income.................................... Other Funds............................................. Indirect DOAS Services Funding........... State Funds Budgeted............................

Regents Central Office and Other Organized Activities

Total Funds

Marine Resources Extension Center Skidaway Institute of Oceanography Marine Institute Georgia Tech Research Institute ATDC/EDI Agricultural Experiment Station Cooperative Extension Service Medical College of Georgia
Hospital and Clinics Veterinary Medicine Experiment
Station Veterinary Medicine Teaching
Hospital Georgia Board for Physician
Workforce Georgia Radiation Therapy Center Athens and Tifton Veterinary
Laboratories Regents Central Office Total

$

2,366,695

$

5,206,075

$

1,631,699

$ 109,739,028

$

17,127,687

$

71,627,153

$

57,731,849

$ 345,265,352

$

3,174,529

$

5,205,161

$

27,037,441

$

3,511,664

$

3,484,976

$

27,562,936

$ 680,672,245

C. Budget Unit: Georgia Public Telecommunications Commission..........................................
Personal Services......................................................... Operating Expenses:................................................... General Programming................................................. Distance Learning Programming............................... Total Funds Budgeted................................................. Other Funds................................................................. State Funds Budgeted................................................

D. Budget Unit: Lottery for Education........................ Equipment, Technology and Construction Trust Fund.......................................................................... Internet Connection Initiative................................... Georgia Public Telecommunications Commission.... Special Funding Initiatives........................................ Total Funds Budgeted................................................. Lottery Funds Budgeted.............................................

Section 28. Department of Revenue. Budget Unit: Department of Revenue.......................... Personal Services.........................................................

483
16,474,791 680,672,245
3,576,811 199,211,819 287,567,254
543,500 189,772,861

State Funds

$

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

$ 27,456,087

$ 189,772,861

0 10,334,700 8,550,469 3,889,958 6,702,234 29,477,361 29,477,361
0
26,885,000
15,000,000 2,219,000 2,000,000 7,466,000 26,685,000 26,685,000

113,297,564 65,625,662

484

JOURNAL OF THE HOUSE

Regular Operating Expenses.......................... Travel................................................................ Motor Vehicle Purchases................................. Equipment........................................................ Computer Charges........................................... Real Estate Rentals ........................................ Telecommunications........................................ Per Diem, Fees and Contracts....................... County Tax Officials/Retirement and FICA. Motor Vehicle Tag Purchases......................... Postage.............................................................. Investment for Modernization........................ Total Funds Budgeted..................................... Other Funds..................................................... Indirect DOAS Services Funding................... State Funds Budgeted....................................

Departmental Functional Budgets

Departmental Administration Internal Administration Information Systems Field Services Income Tax Unit Motor Vehicle Unit Taxpayer Accounting Central Audit Unit Property Tax Unit Sales Tax Unit State Board of Equalization Alcohol and Tobacco Total

Total Funds

$

30,174,813

$

6,736,661

$

12,457,935

$

17,355,208

$

8,489,277

$

18,920,612

$

4,430,892

$

8,680,937

$

4,815,402

$

4,116,455

$

20,000

$

2,477,827

$ 118,676,019

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...... Elections Expense........................... Total Funds Budgeted.................... State Funds Budgeted ...................

Departmental Functional Budgets

Total Funds

Internal Administration Archives and Records Securities Corporations

$

4,562,718

$

5,035,638

$

2,017,587

$

2,610,676

5,268,072 1,162,429
207,300 311,242 10,392,697 2,927,364 2,870,400 5,052,933 3,422,795 2,404,350 3,576,944 15,453,831 118,676,019 1,533,455 3,845,000 113,297,564

State Funds

$

30,174,813

$

6,586,661

$

11,442,735

$

17,215,208

$

8,189,277

$

17,620,612

$

3,791,092

$

8,680,937

$

3,081,947

$

4,016,455

$

20,000

$

2,477,827

$ 113,297,564

29,641,611 18,387,545 3,354,702
245,300 105,650 131,482 3,016,336 2,474,252 814,690 1,559,154 597,500 30,686,611 29,641,611

State Funds

$

4,532,718

$

4,960,638

$

1,967,587

$

1,890,676

MONDAY, FEBRUARY 15, 1999

485

Elections and Campaign Disclosure Drugs and Narcotics State Ethics Commission State Examining Boards Holocaust Commission Total

$

4,348,582 $

4,328,582

$

1,247,851 $

1,247,851

$

388,710 $

388,710

$

10,241,898 $

10,091,898

$

232,951 $

232,951

$

30,686,611 $

29,641,611

B. Budget Unit: Real Estate Commission .....................................$ Personal Services...........................................................................$ Regular Operating Expenses........................................................! Travel..............................................................................................$ Motor Vehicle Purchases...............................................................$ Equipment......................................................................................$ Computer Charges.........................................................................$ Real Estate Rentals ......................................................................$ Telecommunications......................................................................^ Per Diem, Fees and Contracts .....................................................$ Total Funds Budgeted...................................................................$ State Funds Budgeted ..................................................................$

2,272,618 1,383,094
166,400 15,000 29,000 7,639 181,400 170,085 187,000 133,000 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..............................................................................................$ 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 13,188 13,800 118,648 26,788 432,157 121,500 2,385,717 2,194,317

Departmental Functional Budgets

Section 31. Student Finance Commission. A. Budget Unit: Student Finance Commission...............................$ Personal Services...........................................................................$ Regular Operating Expenses........................................................$ Travel..............................................................................................$ Motor Vehicle Purchases...............................................................$ Equipment......................................................................................$ Computer Charges.........................................................................$ Real Estate Rentals ......................................................................$ Telecommunications ......................................................................$ Per Diem, Fees and Contracts.....................................................$ Guaranteed Educational Loan .....................................................$ Tuition Equalization Grants ........................................................$

33,478,570 534,451 22,680 18,000 0 7,500 38,822 46,000 18,691 91,800
4,510,455 25,749,053

486

JOURNAL OF THE HOUSE

Student Incentive Grants............................ Law Enforcement Personnel Dependents'
Grants........................................................ North Georgia College ROTC Grants ........ Osteopathic Medical Loans.......................... Georgia Military Scholarship Grants......... Work Incentive for Students....................... North Georgia College Scholarship............ Total Funds Budgeted.................................. State Funds Budgeted.................................

Departmental Functional Budgets

Total Funds

Georgia Student Finance Authority Georgia Nonpublic Postsecondary
Education Commission Total

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........................................................ Private College Scholarships........................................................ Georgia Military College Scholarships........................................ LEPD Scholarship......................................................................... Teacher Scholarships..................................................................... Promise Scholarships.................................................................... Engineer Scholarships .................................................................. Total Funds Budgeted................................................................... Lottery Funds Budgeted...............................................................

Section 32. Teachers' Retirement System. Budget Unit: Teachers' Retirement System......................................................................... Personal Services........................................................................... Regular Operating Expenses....................................................... Travel............................................................................................. Equipment...................................................................................... Computer Charges......................................................................... Real Estate Rentals ...................................................................... Telecommunications ...................................................................... Per Diem, Fees and Contracts.................................................... Retirement System Members...................................................... Floor Fund for Local Retirement Systems................................ Total Funds Budgeted.................................................................. State Funds Budgeted .................................................................

Section 33. Department of Technical and Adult Education A. Budget Unit: Department of Technical and Adult Education................................................... Personal Services.......................................................................... Regular Operating Expenses.......................................................
Travel.............................................................................................
Equipment.....................................................................................

500,000
86,000 337,500 100,000 808,368 540,750
68,500 33,478,570 33,478,570

State Funds

$

32,700,626

$

777,944

$

33,478,570

215,153,022 117,418,487 29,888,210 26,527,997 13,167,088 28,029,000
771,210 220,530 3,500,000 1,107,000 523,500 221,153,022 221,153,022

3,800,000 5,478,833
356,100 20,500 5,700 858,717 527,355 154,665 299,300 3,550,000 250,000 11,501,170 3,800,000

248,138,607 6,580,483 597,890 163,880 192,271

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487

Computer Charges..................................,......................................$ Real Estate Rentals ......................................................................$ Telecommunications ......................................................................$ Capital Outlay ...............................................................................$ Per Diem, Fees and Contracts .....................................................$ Personal Services - Institutions ...................................................$ Operating Expense - Institutions ................................................$ Quick Start Program.....................................................................$ Area School Program ......................................................,.............$ Regents Program ...........................................................................$ Adult Literacy Grants...................................................................$ Salaries and Travel of Public Librarians ...................................$ Public Library Materials ..............................................................$ Talking Book Centers ...................................................................$ Public Library Maintenance and
Operations ..................................................................................$ Total Funds Budgeted...................................................................$ State Funds Budgeted..................................................................$

1,002,182 742,246 146,786
1,320,000 769,575
187,281,712 57,257,137 10,030,398
6,274,488 3,615,148 19,592,382 15,833,471 5,972,145 1,075,353
5,689,075 326,394,932 248,138,607

Departmental Functional Budgets

Total Funds

State Funds

State Administration Institutions Total

10,195,313 $

7,111,663

$ 316,199,619 $ 241,026,944

326,394,932 $ 248,138,607

B. Budget Unit: Lottery for Education.............. Equipment - Technical Institutes.................. Repairs and Renovations................................ Total Funds Budgeted..................................... Lottery Funds Budgeted.................................

24,384,346 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................................................. Airport Aid Program ....................................... Mass Transit Grants....................................... Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations.. Contracts with the Georgia Rail Passenger Authority.................................... Total Funds Budgeted..................................... State Funds Budgeted....................................

597,012,925 262,742,052
62,239,702 2,024,000 2,000,000 7,127,070 14,397,650
1333768 3,269,333 60,488,553 816,577,596 2,241,866 11,543,887
710,855
341,250 1,247,037,582
597,012,925

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Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

$ 910,011,135

$ 245,787,351

$

17,851,383

$ 32,000,472

$ 1,205,650,341

282,120,458 233,363,366
17,291,383 31,216,797 563,992,004

General Funds Budget

Planning and Construction Air Transportation Inter-Modal Transfer and
Facilities Harbor/Intra-Coastal Waterways Activities Total

21,000,000 $ 2,376,115 $
17,300,271 $
710,855 $ 41,387,241 $

21,000,000 1,915,369
9,394,697
710,855 33,020,921

Section 35. Department of Veterans Service. Budget Unit: Department of Veterans Service..............................$ Personal Services...........................................................................$ Regular Operating Expenses........................................................$ Travel..............................................................................................$ Equipment......................................................................................$ Computer Charges.........................................................................$ Real Estate Rentals ......................................................................$ Telecommunications ......................................................................$ Per Diem, Fees and Contracts .....................................................$ Operating Expense/Payments to Medical College of Georgia......................................................................$ Regular Operating Expenses for Projects...................................$ Total Funds Budgeted...................................................................$ State Funds Budgeted ..................................................................$

20,225,431 5,183,283 195,723 92,245 173,265 27,100 250,711 66,850 14,339,340
7,393,118 850,500
28,572,135 20,225,431

Departmental Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Nursing Home -
Augusta Total

i!

21,123,017 $

15,314,705

S|

7,449,118 $

4,910,726

3

28,572,135 $

20,225,431

Section 36. Workers' Compensation Board. Budget Unit: Workers' Compensation Board... Personal Services............................................. Regular Operating Expenses.......................... Travel................................................................ Equipment........................................................ Computer Charges........................................... Real Estate Rentals ........................................ Telecommunications ........................................ Per Diem, Fees and Contracts....................... Payments to State Treasury .......................... Total Funds Budgeted.....................................

11,504,420 9,248,337
449,937 129,666 65,520 303,057 1,173,481 186,121 138,301
0 11,694,420

MONDAY, FEBRUARY 15, 1999

489

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) ...................................................$
$

427,170,436 35,000,000 462,170,436

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (New) .........................................................$ Motor Fuel Tax Funds (New).......................................................$
$

70,595,384 0
70,595,384

Section 38. Provisions Relative to Section 3, Judicial Branch. The appropriations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and 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. Provision Relative to Section 4, Department of Administrative Ser vices. 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 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the Commissioner 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 Af fairs. 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,

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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 for "Local Assistance Grants", specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

Recipient

Purpose

Amount

City of Atlanta
City of Warner Robins Wilkes County Lowndes County Tombs County
Crawford County Board of Education
Habersham County
Cobb County City of Homerville

Operation of the School of Library and Information Services Graduate Program Clark Atlanta University
Operating of the Aviation Museum Wilkes County Airport Development Improvements to historic Lowndes
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 Develop a park at the Mable House Purchase of Land

$

75,000

$

90,000

$

86,250

$

50,000

$

40,000

$ 375,000 $ 100,000

$ 5,000,000

$

38,000

Section 41. Provisions Relative to Section 10, State Board of Education Depart ment of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,038.74. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time during the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet criteria and standards prescribed by the State Board of Education for middle school programs.

Section 42. Provisions Relative to Section 11, Employees' Retirement Sys tem. 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 Re sources. The Department of Human Resources is authorized to calculate all Temporary Assistance to Needy Families benefit payments utilizing a factor of 66.0% of the standards of need; such TANF payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum
standards of need shall apply:

Number in Asst. Group

Standards of Need

Maximum Monthly Amount

MONDAY, FEBRUARY 15, 1999

491

1

$ 235

$ 155

2

356

235

3

424

280

4

500

330

5

573

378

6

621

410

7

672

444

8

713

470

9

751

496

10

804

530

11

860

568

Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval.

Provided, that of the appropriation relative to Community Mental Health/Mental Retardation and Institutions, Regional Boards will be allocated State hospital funds equal to their DHR approved formula fair share. Regional Boards must use their fair share allocation or 90% of their base year hospital utilization funding (whichever is less) to purchase State hospital services. The balance may be used for community based care in accordance with approved Regional Plans.

Section 44. Provisions Relative to Section 21, Department of Medical Assistance. There is hereby appropriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.

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 reimbursement methodology.

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 Ad ministration. 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 46. Provisions Relative to Section 23, Department of Natural Re sources. 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

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the Department.
Provided, that of the amount above for per diem, fees and contracts, no more than $55,000 may be used for a common program of subsidizing mass transit fares to and from work for employees of state agencies and authorities, as authorized in O.C.G.A. 457-55, and if not for such purposes, then for other purposes within the object class. The subsidy may be limited to employees who live or work in the "Atlanta Ozone Nonattainment Area" and may not exceed $15 per month per employee. The Department of Transportation and any other budget unit eligible for such a grant may apply to this purpose available federal matching funds. For purposes of this appropriation "Atlanta Ozone Nonattainment Area" means the geographic area of the state comprised of Bartow, Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Paulding, and Rockdale Counties.
Section 47. 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, H.B. 943, H.B. 1081 and H.B. 1096S.
Section 48. Provisions Relative to Section 34, Department of Transporta tion. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Office of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 34 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section DC, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
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

MONDAY, FEBRUARY 15, 1999

493

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 Budget Unit "A") 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.
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.

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Section 54. In accordance with the requirements of Article DC, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 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 1999 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.)(l.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.)(2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.)(3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.
Section 56. Wherever in this Act the term "Budget Unit Object Class" 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.

MONDAY, FEBRUARY 15, 1999

495

Section 57. Provisions Relative to Section 37, State of Georgia General Obliga tion 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 maturitites, user agencies and use authorities, purposes, maximum principal amounts and particular appropriations of highest annual debt service requirements of the new debt are specified as follows:
From the appropriations designated "State General Funds (New)", $6,785,314 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education through the issuance of not more than $78,899,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $1,638,000 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,000,000 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)", $12,658,340 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $147,190,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $163,800 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $700,000 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)", $534,690 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,285,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $779,160 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,060,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of

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two hundred and forty months.
From the appropriation designated "State General Funds (New)", $388,290 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,515,000 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)", $568,890 is specifically appropriated for the purpose of financing projects for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,615,000 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)", $341,420 is specifically appropriated for the purpose of financing projects for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,970,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $1,199,700 is specifically appropriated for the purpose of financing projects for the Department of Community Affairs, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $13,950,000 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)", $19,350,000 is specifically appropriated for the purpose of financing George L. Smith II Georgia World Congress Center facilities for the Department of Industry, Trade and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $225,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $2,527,200 is specifically appropriated for the purpose of financing projects for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,800,000 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)", $1,720,000 is specifically appropriated for the Georgia Building Authority for the purpose of financing loans

MONDAY, FEBRUARY 15, 1999

497

to local governments and local entities for water or sewer facilities or systems, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $258,000 is specifically appropriated for the Georgia Environmental Facilities Authority for the remediation, removal and replacement of state-owned underground and above ground storage tanks to meet federal regulations, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $10,750,000 is specifically appropriated for the purpose of financing projects for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildmgs, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $125,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $1,724,300 is specifically appropriated for the purpose of financing projects for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,050,000 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)", $455,130 is specifically appropriated for the purpose of financing projects for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,945,000 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)", $280,800 is specifically appropriated for the purpose of financing projects for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $215,860 is specifically appropriated for the purpose of financing projects for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,510,000 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)", $860,000 is specifically appropriated for the purpose of financing projects for the Department of Juvenile Justice

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by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $564,160 is specifically appropriated for the purpose of financing projects for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,560,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $236,500 is specifically appropriated for the purpose of financing projects for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,750,000 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)", $898,270 is specifically appropriated for the purpose of financing projects for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,445,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $1,463,720 is specifically appropriated for the purpose of financing projects for the Georgia Bureau of Investigation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $17,020,000 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)", $345,290 is specifically appropriated for the purpose of financing projects for the Georgia Bureau of Investigation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,015,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $1,269,450 is specifically appropriated for the purpose of financing projects for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the

MONDAY, FEBRUARY 15, 1999

499

issuance of not more than $5,425,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $430,000 is specifically appropriated for the purpose of financing projects for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $1,070,550 is specifically appropriated for the purpose of financing projects for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,575,000 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)", $234,000 is specifically appropriated for the purpose of financing projects for the Department of Agriculture, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $516,000 is specifically appropriated for the purpose of financing projects for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $368,550 is specifically appropriated for the purpose of financing projects for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,575,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Section 58. Salary Adjustments. The General Assembly has distributed to and included in the agency appropriations listed hereinbefore State funds for the purposes described herein: 1.) To provide a general salary adjustment of 0% to 7% for employees of 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 implementation of the Georgia Gain pay for performance system for Executive branch employees). 2.) To provide for a general salary adjustment of 4% for employees of the Judicial and Legislative branches with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1998 (proposed salary adjustments are contingent on an employee's receiving at least "satisfactory" or "meets expectation" on their annual performance appraisal). 3.) To provide for a cost of living adjustment of 4% for each state official (excluding members of the General Assem-

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bly) whose salary is set by Act 755 (H.B. 262) of the 1978 General Assembly, as amended, as authorized in said act, Code Section 45-7-4 with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1998. 4.) To provide 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 determined according to an effective date of September, 1, 1998. 5.) To provide a 4% increase for local school bus drivers and lunchroom workers with the amount of the appropriation for this purpose determined according to an effective date of July 1, 1998. 6.) In 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 personnel 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, to provide for an additional 5% salary supplement for Peace Officer Standards Training certified personnel in the Juvenile Correctional Officer job class series within the Department of Juvenile Justice with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1998. 9.) In addition to the general salary adjustment in item 1, above, to provide supplemental salary adjustments 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. 10.) In addition to the general salary adjustment in item 1 above, to provide salary adjustments for Georgia Bureau of Investigation special agents and scientists with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1998. 11.) In addition to the gener?1 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. 12.) 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. 13.) In addition to the general salary adjustment in item 1 above, to provide 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 59. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 1999

$

13,064,194,760

Section 60. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 61. All laws and parts of law in conflict with this Act are repealed.

The following Committee substitute was read:

A BILL
To amend an Act providing appropriations for the State Fiscal Year 1998-1999 known as the "General Appropriations Act", approved April 20, 1998 (Ga. L. 1998, p. 1402), so as to change certain appropriations for the State Fiscal Year 1998-1999; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 15, 1999

501

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act providing appropriations for the State Fiscal Year 1998-1999, as amended, known as the "General Appropriations Act" approved April 20, 1998 (Ga. L. 1998, p. 1402), is further amended by striking everything following the enacting clause through Section 63, and by substituting in lieu thereof the following:

"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 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 14,893,147 4,064,823 2,522,335
107,000 7,000 0
519,200 238,000 985,450
5,000 652,500 123,022 2,451,701 100,000 1,132,800 27,801,978 27,801,978

Senate Functional Budgets

Total Funds

State Funds

Senate and Research Office Lt. Governor's Office Secretary of the Senate's
Office Total

$

4,557,828 $

4,557,828

$

862,851 $

862,851

$

1,235,345 $

1,235,345

$

6,656,024 $

6,656,024

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

$

10,740,572 $

10,740,572

$

450,796 $

450,796

$

1,437,706 $

1,437,706

$

12,629,074 $

12,629,074

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JOURNAL OF THE HOUSE

Joint Functional Budgets

Total Funds

State Funds

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight
Committee Total

2,983,333 2,068,000 1,083,184 1,995,877
386,486 8,516,880

2,983,333 2,068,000 1,083,184 1,995,877
386,486 8,516,880

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.

The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits. Budget Unit: Department of Audits. Personal Services............................. Regular Operating Expenses.......... Travel................................................ Motor Vehicle Purchases................. Equipment........................................ Real Estate Rentals ........................ Per Diem, Fees and Contracts....... Computer Charges...........................

24,023,583 19,549,785
728,274 597,740 315,374
17,500 2,256,910
962,662 276,538

MONDAY, FEBRUARY 15, 1999

503

Telecommunications ..... Total Funds Budgeted.. State Funds Budgeted.

PART II JUDICIAL BRANCH

68,800 24,773,583 24,023,583

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

102,530,794 13,477,801 85,359,444 3,022,726 1,652,573 40,500 500,000 741,000 104,794,044 102,530,794

Judicial Branch Functional Budgets

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

Total Funds
7,098,392 8,501,549 41,309,132 32,135,815 1,279,908
867,114 5,355,169
166,759 4,814,709 2,968,106
297,391 104,794,044

State Funds

$

6,289,683

$

8,451,549

$

41,235,132

$ 30,911,544

$

1,279,908

$

867,114

$

5,275,899

$

166,759

$

4,814,709

$

2,968,106

$

270,391

$ 102,530,794

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............................................................

43,295,169 59,515,393 12,770,190
509,767 794,834 1,876,908 1,313,978 3,574,350 377,031 3,207,952 10,024,892
0 0
0
1,334,118

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JOURNAL OF THE HOUSE

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....................................

61,155,300 733,484
20,039,840 550,000 35,000 48,500 75,000 232,500
178,169,037 43,295,169

Departmental Functional Budgets

Total Fund

State Funds

Administration Statewide Business Services General Support Services Information Technology State Properties Commission Office of the Treasury State Office of Administrative
Hearings Total

11,139,342 7,696,794 31,935,600 120,877,452
666,886 1,554,571
4,298,392 178,169,037

3,638,278 4,270,610
232,500 30,249,746
666,886 212,926
4,024,223 43,295,169

B. Budget Unit: Georgia Building Authority.................................$ Personal Services...........................................................................$ Regular Operating Expenses........................................................$ Travel..............................................................................................$ Motor Vehicle Purchases...............................................................$ Equipment...................................................................................... $ Computer Charges.........................................................................$ Real Estate Rentals ......................................................................$ Telecommunications ......................................................................$ Per Diem, Fees and Contracts .....................................................$ Capital Outlay ...............................................................................$ Utilities...........................................................................................$ Contractual Expense .....................................................................$ Facilities Renovations and Repairs .............................................$ Total Funds Budgeted...................................................................$ State Funds Budgeted ..................................................................$

0 20,905,821 14,521,884
117,000 200,000 161,800 268,100
15,071 231,723 1,095,000
0 0 0 0 37,516,399 0

Departmental Functional Budgets

Total Funds

State Funds

Administration Facilities Program Operations Security Sales Van Pool Total

12,680,074 2,994,139 10,836,713 6,267,541 4,354,784
383,148 37,516,399

Section 5. Department of Agriculture. A. Budget Unit: Department of Agriculture. Personal Services...........................................

44,637,459 32,612,659

MONDAY, FEBRUARY 15, 1999

505

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...........................................................$ Cotton Producers Indemnity Fund (HB 148).............................$ Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets.....................................$ Capital Outlay ...............................................................................$ Contract - Federation of Southern Cooperatives .......................$ Boll Weevil Eradication Program ................................................$ Total Funds Budgeted...................................................................$ State Funds Budgeted ..................................................................$

4,342,615 1,110,000
302,000 440,136 667,341 814,475 412,585 1,459,741 1,048,240
3,241,872
2,917,861 275,000 35,000 175,000
844,667 5,000,000
662,500 0
40,000 0
56,401,692 44,637,459

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 $

8,112,293

$

16,413,009 $

13,280,874

$

6,389,418 $

2,714,418

$

7,226,882 $

7,039,882

$

8,735,723 $

8,606,023

$

8,128,189 $

4,883,969

$

615,178 $

0

$

56,401,692 $

44,637,459

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

0 954,151 196,667
4,000 0
5,560 9,500
0 7,500 69,500 200,867 120,000 1,567,745
0

506

JOURNAL OF THE HOUSE

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........ HUD - Community Development Block Pass thru Grants ............................................................... Payment to Georgia Environmental Facilities Authority.................................................................... Community Service Grants ......................................... Home Program.............................................................. ARC-Revolving Loan Fund.......................................... Local Development Fund............................................. Downtown Redevelopment Loan Program................. Payments to Georgia Music Hall of Fame................. Payment to State Housing Trust Fund ..................... Payments to Sports Hall of Fame .............................. Regional Economic Business Assistance Grants....... State Commission on National and Community Service........................................................................ EZ/EC Administration ................................................. EZ/EC Grants............................................................... Regional Economic Development Grants................... Contracts for Homeless Assistance............................. HUD Section 8 Rental Assistance.............................. Total Funds Budgeted.................................................. State Funds Budgeted.................................................

9,846,715 7,997,201
448,929 403,199 112,380 136,122 277,396 385,053 73,000
13,435 9,846,715 9,846,715
36,572,327 18,555,435 2,390,783
543,683 150,000 414,214 1,395,731 2,362,660 790,035 507,228
0 1,959,945 7,014,250
133,355
30,000,000
2,391,383 5,000,000 2,717,047
0 650,000 247,250 757,051 3,281,250 917,937 5,225,000
616,338 189,073
0 1,187,500 1,250,000 50,000,000 140,647,148 36,572,327

MONDAY, FEBRUARY 15, 1999

Departmental Functional Budgets

Total Funds

Executive Division Planning and Management Division Business and Financial Assistance
Division Housing and Finance Division Accounting, Budgeting and
Personnel Division Rental Assistance Division Administrative and Computer Support
Division Georgia Music Hall of Fame Division Community Service Division External Affairs Division Total

$

7,162,413

$

3,957,948

$

39,023,364

$

7,552,959

$

6,137,471

$

55,352,503

$

4,594,673

$

1,699,708

$

10,632,637

$

4,533,472

$ 140,647,148

Section 8. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation................................... Personal Services...................................................... Regular Operating Expenses................................... Travel......................................................................... Motor Vehicle Purchases.......................................... Equipment................................................................. Computer Charges.................................................... Real Estate Rentals ................................................. Telecommunications ................................................. Per Diem, Fees and Contracts................................ Capital Outlay..........................................................
Utilities...................................................................... Court Costs............................................................... County Subsidy......................................................... County Subsidy for Jails ......................................... County Workcamp Construction Grants................ Central Repair Fund................................................ Payments to Central State Hospital for Meals..... Payments to Central State Hospital for Utilities. Payments to Public Safety for Meals..................... 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.............................................

Departmental Functional Budgets

Total Funds

Executive Operations

$ 128,500,139

507
State Funds
6,802,175 3,744,392
7,498,237 2,717,047
4,797,263 0
3,344,324 0
3,676,824 3,992,065 36,572,327
817,947,526 521,589,003 63,405,287
2,448,731 2,194,938 3,968,410 5,580,060 6,023,610 6,890,410 13,556,734 85,008,625 23,023,618 1,200,000 20,188,333 11,269,055
0 1,093,624 3,784,700 1,556,055
577,160 1,458,972 80,575,040
66,620
366,244 894,000 856,719,229 450,000
0 817,947,526
State Funds
$ 109,793,139

508

JOURNAL OF THE HOUSE

Administration Human Resources Field Probation Facilities Total

13,143,708 9,058,203 63,742,585 642,274,594 856,719,229

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

12,843,708 9,058,203 63,262,585 622,989,891 817,947,526
46,929,963 36,658,288
1,682,900 580,300 272,500 194,425 602,400
2,785,000 965,000
2,293,650 860,500 35,000
46,929,963 46,929,963

Section 9. Department of Defense. Budget Unit: Department of Defense..............................................$ Personal Services...........................................................................$ Regular Operating Expenses........................................................$ Travel..............................................................................................$ Motor Vehicle Purchases...............................................................$ Equipment...................................................................................... $ Computer Charges.........................................................................$ Real Estate Rentals ......................................................................$ Telecommunications ......................................................................$ Per Diem, Fees and Contracts.....................................................$ Capital Outlay ...............................................................................$ Total Funds Budgeted...................................................................$ State Funds Budgeted ..................................................................$

5,538,547 11,468,131 10,398,783
42,375 0
12,000 59,211 24,400 97,973 514,200
0 22,617,073
5,538,547

Departmental Functional Budgets

Office of the Adjutant General Georgia Air National Guard Georgia Army National
Guard Total

Total Funds
1,797,318 5,910,336
14,909,419 22,617,073

State Funds

$

1,541,077

$

683,290

$

3,314,180

$

5,538,547

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

4,826,332,403
36,659,106 7,391,508 1,376,889 0 93,497
21,291,061 1,351,240

MONDAY, FEBRUARY 15, 1999
Telecommunications ......................................................................$ Per Diem, Fees and Contracts.....................................................$ Utilities...........................................................................................! Capital Outlay ...............................................................................$ QBE Formula Grants: Kindergarten/Grades 1 - 3 ...........................................................$ Grades 4 - 8...................................................................................$ Grades 9 - 12.................................................................................$ High School Laboratories .............................................................$ Vocational Education Laboratories ..............................................$ Special Education..........................................................................$ Gifted..............................................................................................$ Remedial Education ......................................................................$ Staff Development and Professional Development ....................$ Media..............................................................................................$ Indirect Cost ..................................................................................$ Pupil Transportation.....................................................................! Local Fair Share............................................................................$ Mid-Term Adjustment Reserve ....................................................$ Teacher Salary Schedule Adjustment .........................................$ Other Categorical Grants: Equalization Formula....................................................................$ Sparsity Grants .............................................................................$ In School Suspension ....................................................................$ Special Instructional Assistance..................................................$ Middle School Incentive................................................................! Special Education Low - Incidence Grants.................................$ Limited English-Speaking Students Program............................! Non-QBE Grants: Education of Children of Low-Income Families .........................$ Retirement (H.B. 272 and H.B. 1321).........................................$ Instructional Services for the Handicapped ...............................$ Tuition for the Multi-Handicapped .............................................$ Severely Emotionally Disturbed ..................................................$ School Lunch (Federal) .................................................................$ School Lunch (State).....................................................................$ 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 ..............................................................................$ Year 2000 Project Funding...........................................................! 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.....................................................................$

509
1,227,256 56,162,664
793,952 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 35,306,586 126,497,757 769,988,915 151,357,028
(806,623,477) 86,558,048 0
204,279,413 3,158,000 30,151,010
103,079,409 93,216,695
620,134 22,468,186
235,850,010 5,508,750
54,732,103 2,300,000
49,458,630 188,375,722 33,469,043
4,962,356
1,491,147 10,496,210 3,699,262 31,291,008 3,884,639 3,603,824 12,205,002
293,520 2,907,636
756,500 981,050 1,033,871 89,190,742 9,913,513
17,650,639 749,301
1,690,215

510

JOURNAL OF THE HOUSE

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

500,000 11,625,943 4,632,785 1,227,493 5,042,895 1,047,000
99,547,892 18,613,363
1,250,000 1,608,000
382,597 4,340,000 1,689,931 12,924,311
267,333 100,000 7,618,000 500,000 1,164,604 15,401,836 274,395 5,503,953,593 340,000 4,826,332,403

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

$

11,744,835

$

44,996,179

$

1,261,927

$

8,316,143

$

7,463,466

$

33,133,866

$

0

$ 5,377,956,420

$

5,706,124

$

4,748,090

$

5,525,035

$

3,101,508

$ 5,503,953,593

$

9,749,952

$

39,141,646

$

1,184,338

$

6,027,581

$

482,894

$

31,437,995

$

0

$ 4,722,347,154

$

5,295,437

$

4,508,563

$

5,044,293

$

1,112,550

$ 4,826,332,403

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 ............................................$ Fort Discovery National Science Center.....................................$ Capital Outlay ...............................................................................$ Post Secondary Options ................................................................$

325,585,972 210,788,979
1,992,303 5,047,677 3,300,000 9,006,730
0 660,000
0 1,000,000 60,938,547 4,064,736

MONDAY, FEBRUARY 15, 1999

511

Learning Logic Sites .....................................................................$ Assistive Technology .....................................................................$ Computers in the Classroom........................................................$ Total Funds Budgeted...................................................................$ Lottery Funds Budgeted...............................................................$
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 ..................................................................$
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 ..................................................................$

0 2,000,000 26,787,000 325,585,972 325,585,972
673,425 2,498,569
245,100 22,000 0 1,450
2,599,117 327,900 44,001
1,363,105 673,425
7,774,667 673,425
38,218,400 29,062,867 5,753,394
162,613 1,541,975 4,169,581
274,000 21,420
1,160,555 886,721 0 28,500 60,000 241,752
43,363,378 38,218,400

Departmental Functional Budgets

Total Funds

State Funds

Reforestation Field Services General Administration and
Support Total

2,057,502 $ 36,829,387 $

28,901 33,881,165

4,476,489 $

4,308,334

$

43,363,378 $

38,218,400

Section 13. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation...............................$ Personal Services...........................................................................$ Regular Operating Expenses........................................................$ Travel..............................................................................................$ Motor Vehicle Purchases...............................................................$ Equipment......................................................................................! Computer Charges.........................................................................$

53,289,340 40,274,591
6,417,001 441,379 294,000
1,252,540 655,400

512

JOURNAL OF THE HOUSE

Real Estate Rentals.................. Telecommunications .................. Per Diem, Fees and Contracts. Evidence Purchased.................. Capital Outlay........................... Total Funds Budgeted............... State Funds Budgeted..............

380,645 1,014,739 2,075,045
484,000
0
53,289,340 53,289,340

Departmental Functional Budgets

Total Funds

State Funds

Administration Investigative Georgia Crime Information Center Forensic Sciences Total

4,364,733 25,861,032 9,778,901 13,284,674 53,289,340

4,364,733 25,861,032 9,778,901 13,284,674 53,289,340

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.............................................................................$ Flood - Contingency ......................................................................$ Total Funds Budgeted...................................................................$ State Funds Budgeted ..................................................................$

50,664,074 16,693,341 1,053,218
242,403
0 92,704 672,698 1,060,101 477,384 3,890,769 3,279,146 40,000 12,501,789 148,913 4,010,000 241,500 175,000
0 262,605 1,915,800 100,000 684,400 1,085,968
0 57,000 50,000 10,000,000 58,734,739 50,664,074

Departmental Functional Budgets

Total Funds

State Funds

Governor's Office
Office of Equal Opportunity Office of Planning and Budget Council for the Arts

26,019,848 1,052,229 7,947,274 5,267,819

26,019,848 796,693
7,947,274 4,649,681

MONDAY, FEBRUARY 15, 1999

513

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

3,406,398 $
663,695 $
1,388,062 $
2,745,967 $ 308,849 $
4,982,203 $ 4,952,395 $
0$ 58,734,739 $

3,287,398
663,695
307,193
583,967 308,849 4,982,203 1,117,273
0 50,664,074

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 ......................................$ Operating Expenses ......................................................................$ Total Funds Budgeted...................................................................! Indirect DOAS Services Funding.................................................! State Funds Budgeted ..................................................................$

1,217,503,926
75,289,056 2,804,309 1,734,518 1,573,678
111,313 4,667,716 9,672,474 45,057,557 9,344,247
0 46,736,389 55,927,874
89,214 830,352 22,966,860 1,278,116 714,564 278,798,237 3,982,840 158,049,028

Departmental Functional Budgets

Total Funds

Commissioner's Office Office of Planning and Budget
Services Office of Adoption Children's Community Based
Initiative Troubled Children's Placements Human Resources Development Rural Health Technology and Support Facilities Management Regulatory Services - Program
Direction and Support

$

1,063,023

4,099,356 7,496,417

8,477,499 1,285,580
111,648 46,736,389 83,779,292
5,326,156

592,106

State Funds

$

1,063,023

4,099,356 5,430,588

8,102,499

1,285,580

111,648

33,585,726

46,778,190

$

4,076,660

$

582,106

514

JOURNAL OF THE HOUSE

Child Care Licensing Health Care Facilities Regulation Fraud and Abuse Financial Services Auditing Services Personnel Administration Transportation Services Indirect Cost Policy and Government Services Aging Services State Health Planning Agency DD Council Total

3,119,082 10,775,409 6,440,923 7,095,283
1,932,078 7,000,098 9,175,212
0 1,297,150 69,483,169 1,828,646 1,683,721 278,798,237

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

3,092,513 5,099,493 2,318,527 5,745,248 1,932,078 7,000,098
767,434 (14,714,419)
1,297,150 38,617,720
1,728,646 49,164
158,049,028
49,747,200 75,501,063
850,046 0
195,367 1,283,987 5,178,731
0 904,761 317,732 16,723,789 34,500 142,417,964 190,457 5,222,222 298,567,819 324,160 161,777,916

Departmental Functional Budgets

Total Funds

District Health Administration Newborn Follow-Up Care Oral Health Stroke and Heart Attack Prevention Sickle Cell, Vision and Hearing High-Risk Pregnant Women and
Infants Sexually Transmitted Diseases Family Planning Women, Infants and Children
Nutrition Grant in Aid to Counties Children's Medical Services Emergency Health Primary Health Care Epidemiology Immunization Community Tuberculosis Control Family Health Management

13,187,156 1,621,801 1,728,103 2,264,400 4,556,076
5,148,516 3,142,667 10,914,939
83,836,266 71,867,335 13,224,198 3,781,966
1,541,005 1,709,774 1,566,915 5,858,685
947,765

State Funds

!

13,060,221

!

1,343,698

!

1,402,928

!

1,151,788

$

3,789,257

!

5,148,516

!

1,081,142

!

5,837,156

!

0

!

70,713,563

$

6,532,632

$

2,431,253

$

1,433,783

!

1,457,633

$

0

!

4,360,684

$

647,705

MONDAY, FEBRUARY 15, 1999

Infant and Child Health Maternal Health - Perinatal Chronic Disease Diabetes Cancer Control Director's Office Injury Control Vital Records Health Services Research Environmental Health Laboratory Services Community Health Management AIDS Drug and Clinic Supplies Adolescent Health Public Health - Planning Councils Early Intervention Public Health - Division
Indirect Cost Total

1,072,210 2,629,740
213,052 583,309 5,292,059 1,899,972 358,474 1,951,438 539,144 1,970,860 6,888,271 173,874 10,562,837 10,740,045 13,257,102 181,710 13,356,155
0 $ 298,567,819

3. Rehabilitation Services Budget: Personal Services.................................... Regular Operating Expenses................. Travel....................................................... Motor Vehicle Purchases........................ Equipment............................................... Real Estate Rentals ............................... Per Diem, Fees and Contracts.............. Computer Charges.................................. Telecommunications ............................... Case Services.......................................... Special Purpose Contracts..................... Purchase of Services Contracts............. Major Maintenance and Construction. Utilities................................................... Postage.................................................... Total Funds Budgeted........................... Indirect DOAS Services Funding......... State Funds Budgeted..........................

Departmental Functional Budgets

Total 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

62,830,592 768,949 511,903
10,471,695 1,634,051
744,540 46,035,799 12,333,607
27,950,786 163,281,922

515
584,991 1,148,007
213,052 583,309 5,292,059 1,642,788 215,836 1,696,341 539,144 1,458,987 6,618,271 173,874 6,118,781 2,640,380 2,906,090 164,213 11,015,451
$ (1,625,617) $ 161,777,916
83,971,553 11,608,147
1,567,496 50,582 803,072
5,103,781 10,841,499
302,541 2,360,907 32,289,559
735,245 11,883,883
255,000 859,650 649,007 163,281,922 100,000 24,827,608

State Funds

$

13,578,602

$

333,969

$

511,903

$

2,851,205

$

566,944

$

744,540

$

0

$

911,649

$

5,328,796

$

24,827,608

516

JOURNAL OF THE HOUSE

4. Family and Children Services Budget: Personal Services...........................................................................$ Regular Operating Expenses........................................................$ Travel..............................................................................................$ Motor Vehicle Purchases...............................................................$ Equipment...................................................................................... $ Real Estate Rentals ......................................................................$ Per Diem, Fees and Contracts .....................................................$ Computer Charges.........................................................................$ Telecommunications ......................................................................$ Children's Trust Fund ..................................................................$ Cash Benefits.................................................................................$ Special Purpose Contracts............................................................$ Service Benefits for Children.......................................................$ Purchase of Service Contracts .....................................................$ Postage............................................................................................$ Grants to County DFACS - Operations......................................$ Total Funds Budgeted...................................................................$ Indirect DOAS Services Funding.................................................$ State Funds Budgeted..................................................................$

30,010,070 4,316,514
753,729
0 443,950 3,745,843 27,026,214
0 1,059,070 3,992,945 281,422,326 6,887,433 258,239,622 31,016,860 2,037,559 339,298,891 990,251,026
0 358,678,882

Departmental Functional Budgets

Total Funds

State Funds

Director's Office Social Services Administrative Support Quality Assurance Community Services Field Management Human Resources Management Public Assistance Child Support Recovery Temporary Assistance for Needy
Families SSI - Supplemental Benefits Refugee Programs Energy Benefits County DFACS Operations -
Eligibility County DFACS Operations - Social
Services Food Stamp Issuance County DFACS Operations -
Homemakers Services County DFACS Operations - Joint
and Administration County DFACS Operations -
Employability Program Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Prevention of Foster Care

595,539 $ 3,830,645 $ 2,768,398 $ 4,199,523 $ 11,592,055 $ 1,243,216 $ 2,458,110 $ 5,047,288 $ 44,267,359 $

271,131,764 $ 1,122,012 $ 2,799,420 $ 7,223,130 $

$ 121,788,835 $

$ 100,017,177 $

$

3,190,752 $

$

8,649,308 $

$

86,060,862 $

$

22,782,709 $

$

45,257,515 $

$

4,290,503 $

$

36,785,262 $

$

15,693,415 $

$

6,646,142 $

$

19,610,612 $

$

10,044,785 $

595,539 3,318,604 2,489,095 4,199,523 1,311,682 1,243,216 1,452,319 3,151,178 4,582,197
53,247,444 1,122,012 0 0
60,005,156
37,725,200 0
2,530,614
39,746,444
8,507,737 15,861,742 2,520,990 23,915,275 11,320,907 5,798,815 14,010,181 8,218,081

MONDAY, FEBRUARY 15, 1999

Day Care Special Projects Children's Trust Fund Indirect Cost Total

143,445,622 3,716,123 3,992,945 0
990,251,026

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 Augusta Regional Hospital 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 Substance Abuse Residential
Services Community Mental Health Services Community Mental Retardation
Services Community Substance Abuse Services State Administration Regional Administration Total

37,317,489 15,642,617 27,519,374
42,182,261 118,968,958
17,709,411 53,750,270 19,986,906
3,975,087 1,091,647
552,908 176,863,215
96,478,323 69,845,218
8,394,444 5,101,675 695,379,803

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..................

517
53,611,937 3,676,123 3,992,945 (9,476,074) 358,678,882

291,917,988 50,366,612 200,000 10,539,760 1,962,161
340,393,282 695,379,803
1,313,100 514,170,492

State Funds

$

22,447,722

$

13,755,725

$

17,097,991

$

31,201,924

$

78,295,168

$

16,078,590

$ 29,700,574

$

17,200,667

$

3,056,433

$

955,131

$

0

$ 170,932,084

$ 65,305,844

$ 37,989,981

$

5,829,287

$

4,323,371

$ 514,170,492

530,935,867 94,230,033 4,905,789
1,824,260 1,553,702 14,801,327 52,718,918 45,360,098 13,668,985 51,081,176 340,393,282

518

JOURNAL OF THE HOUSE

Case Services................................................................. Children's Trust Fund.................................................. Cash Benefits................................................................ Special Purpose Contracts........................................... Service Benefits for Children ...................................... Purchase of Service Contracts..................................... Grant-In-Aid to Counties............................................. Major Maintenance and Construction........................ Utilities.......................................................................... Postage........................................................................... Payments to DMA-Community Care .......................... Grants to County DFACS - Operations...................... Medical Benefits............................................................

Section 16. Department of Industry, Trade and
Tourism. Budget Unit: Department of Industry, Trade and
Tourism................................................. Personal Sendees...................................................... 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............................................

Departmental Functional Budgets

Total Funds

Administration Economic Development Trade Tourism Georgia Legacy Strategic Planning and
Research Total

$

8,178,950

$

4,574,038

$

1,766,560

$

4,534,149

$

1,534,279

2,668,404 23,256,380

Section 17. Department of Insurance. Budget Unit: Department of Insurance. Personal Services................................... Regular Operating Expenses................ Travel...................................................... Motor Vehicle Purchases.......................
Equipment..............................................
Computer Charges.................................

32,289,559 3,992,945 281,422,326 7,940,410 304,976,011 115,552,406 142,417,964 2,340,875 11,399,410 3,707,375 22,966,860 340,577,007 5,222,222

23,256,380 11,373,225
1,446,549 647,475 16,200 95,067 459,480 848,245 400,700
1,663,030 250,600
6,005,809 0 0
50,000 0
23,256,380 23,256,380

State Funds

$

8,178,950

$

4,574,038

$

1,766,560

$

4,534,149

$

1,534,279

$

2,668,404

$ 23,256,380

15,781,902 14,486,323
689,017 446,000 122,500 46,879 160,778

MONDAY, FEBRUARY 15, 1999

Real Estate Rentals..................... Telecommunications ..................... Per Diem, Fees and Contracts.... Health Care Utilization Review.. Total Funds Budgeted.................. State Funds Budgeted.................

Departmental Functional Budgets

Total 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

Section 18. Department of Juvenile Justice. Budget Unit: Department of Juvenile Justice .... Personal Services............................................... Regular Operating Expenses............................ Travel.................................................................. Motor Vehicle Purchases................................... Equipment.......................................................... Computer Charges............................................. Real Estate Rentals .......................................... Telecommunications .......................................... Per Diem, Fees and Contracts......................... Utilities............................................................... Institutional Repairs and Maintenance.......... Grants to County-Owned Detention Centers. Service Benefits for Children........................... Purchase of Service Contracts ......................... Capital Outlay................................................... Juvenile Justice Reserve................................... Total Funds Budgeted....................................... State Funds Budgeted ......................................

Departmental Functional Budgets

Total 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

46,067,224 18,459,161 12,727,620 7,920,663 6,662,309 16,506,511 27,237,559 11,927,061 22,507,398
413,799 1,028,644 26,263,205

519
816,991 328,712 144,658
0 17,241,858 15,781,902

State Funds
4,210,382 6,095,406
620,037
4,051,400 804,677
15,781,902
216,303,274 126,816,777
13,890,511 1,346,330
536,615 605,778 709,302 2,051,185 1,379,468 13,086,729 3,540,020 652,485
0 24,020,998 30,330,105
1,307,545 1,500,000 221,773,848 216,303,274

State Funds

$

45,503,826

$

17,795,649

$

12,221,190

$

7,670,679

$

6,364,750

$

15,838,421

$

26,407,384

$

11,567,061

$

22,244,903

$

413,799

$

1,028,644

$

25,304,872

520

JOURNAL OF THE HOUSE

Parenting Project Law Enforcement Office Assessment and Classification Multi-Service Centers Youth Services
Administration Total

150,000 1,955,246
551,455 3,981,645
17,414,348 221,773,848

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

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

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

150,000 1,955,246
551,455 3,891,645
17,393,750 216,303,274
11,251,054 76,535,323 6,870,433
1,330,000 0
464,000 3,198,000 2,017,900 1,465,339 54,500,000 5,429,867
0 1,774,079
0 153,584,941
11,251,054
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
1,200,907,467 20,289,881 5,732,000 312,930 165,000 222,000 40,361,600 892,880 566,600 64,167,915
3,290,314,720 772,500
3,423,798,026 1,200,907,467

MONDAY, FEBRUARY 15, 1999

521

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office Benefits, Penalties and
Disallowances System Management Indemnity Chronic Care Quality, Eligibility and Third
Party Liability Reimbursement Services Indemnity Acute Care Legal and Regulatory Managed Care General Administration Total

1,754,407
3,242,064,720 46,442,745 6,511,348
3,759,211 3,134,856 7,624,607 7,854,892 52,489,831 52,161,409 3,423,798,026

$

811,527

$ 1,146,538,658

$

12,998,623

$

2,556,414

$

1,376,806

$

1,520,621

$

2,690,223

$

3,513,271

$

26,092,164

$

2,809,160

$ 1,200,907,467

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 ..............................................$ Personal Services...........................................................................$ Regular Operating Expenses........................................................$ Travel..............................................................................................$ Motor Vehicle Purchases...............................................................$ Equipment...................................................................................... $ Computer Charges.........................................................................$ Real Estate Rentals ......................................................................$ Telecommunications ......................................................................$ Per Diem, Fees and Contracts .....................................................$ PeachCare Benefits .......................................................................$ Total Funds Budgeted...................................................................$ State Funds Budgeted ..................................................................$

8,623,130 410,607 407,634 50,000 0 12,000 271,700 0 14,950
6,060,893 25,421,432 32,649,216 8,623,130

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

35,000,000 9,324,819 1,948,626 107,000 30,495 895,630
261,302,453 3,613,928 337,915
961,379,243 1,238,940,109
0 1,139,025 10,239,210 1,192,213,501
348,373

522

JOURNAL OF THE HOUSE

State Funds Budgeted..............................................................

35,000,000

Departmental Functional Budgets

Total Funds

State Funds

Executive Office Human Resource Administration Employee Benefits Internal Administration Children's Health Insurance Program Total

1,564,340 5,314,686 1,227,638,628 4,422,455
0 1,238,940,109

0 0 35,000,000 0 0 35,000,000

Section 23. Department of Natural Resources. A. Budget Unit: Department of Natural Resources....................................................................................... $ Personal Services...........................................................................$ Regular Operating Expenses........................................................$ Travel...... ........................................................................................$ Motor Vehicle Purchases...............................................................$ Equipment......................................................................................$ Real Estate Rentals ......................................................................$ Per Diem, Fees and Contracts.....................................................$ Computer Charges.........................................................................$ Telecommunications ......................................................................$ Authority Lease Rentals...............................................................$ Advertising and Promotion...........................................................$ Cost of Material for Resale ..........................................................$ Capital Outlay: New Construction..........................................................................$ Repairs and Maintenance.............................................................$ Land Acquisition Support.............................................................$ Wildlife Management Area Land Acquisition ............................$ Shop Stock - Parks........................................................................$ User Fee Enhancements...............................................................$ Buoy Maintenance.........................................................................$ Waterfowl Habitat.........................................................................$ Paving at State Parks and Historic Sites.............................................................................................$ Grants: Land and Water Conservation.....................................................! Georgia Heritage 2000 Grants.....................................................$ Recreation....................................................................................... $ Chattahoochee River Basin Grants.............................................$ Contracts: Paralympic Games.........................................................................$ Technical Assistance Contract .....................................................$ Corps of Engineers (Cold Water Creek 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..................................................................................... $

109,405,803 77,269,779 14,145,445
623,961 1,809,510 2,587,959 2,444,702 10,613,329
836,964 1,282,872
0 1,175,000 1,304,556
1,057,457 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
36,015 12,790,539 6,132,574
2,352,071

MONDAY, FEBRUARY 15, 1999

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................................

Departmental Functional Budgets

Total Funds

Commissioner's Office

$

7,298,902

Program Support

$

4,025,846

Historic Preservation

$

2,812,893

Parks, Recreation and Historic

Sites

$

38,075,909

Coastal Resources

$

2,473,946

Wildlife Resources

$

36,274,056

Environmental Protection

$

52,500,493

Pollution Prevention

Assistance

$

940,337

Total

$ 144,402,382

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............................................

Departmental Functional Budgets

Total Funds

Georgia Agricultural Exposition Authority

!|

6,150,155

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................................

523
100,000 144,402,382
891,069
2,663,931
0
1,429,219 200,000
109,405,803

State Funds

$

7,283,902

$

4,025,846

$

2,322,893

$

18,966,022

$

1,979,228

$

31,172,265

$

42,715,310

$

940,337

$ 109,405,803

0 2,920,177 2,304,978
25,000 0
95,000 40,000
0 70,000 695,000
0 6,150,155
0

State Funds
$
104,480,478 63,329,195
7,801,357 104,095
4,311,500

524

JOURNAL OF THE HOUSE

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

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

Departmental Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

$

21,763,287 $

20,263,287

$

23,898,222 $

23,898,222

$

60,468,969 $

60,318,969

$ 106,130,478 $ 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 ..................................................................$

14,693,486
8,293,835 2,587,526
94,010 64,220 393,546 148,442 156,997 207,037 488,533 2,425,200 3,603,386 150,000 18,612,732 14,693,486

MONDAY, FEBRUARY 15, 1999

Departmental Functional Budgets

Total 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

$

1,514,787

$

1,161,166

$

1,149,978

$

456,885

$

11,211,830

$

18,612,732

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......................................

Section 26. Public Service Commission. Budget Unit: Public Service Commission.. Personal Services....................................... Regular Operating Expenses.................... Travel.......................................................... Motor Vehicle Purchases........................... Equipment.................................................. Computer Charges..................................... Real Estate Rentals.................................. Telecommunications .................................. Per Diem, Fees and Contracts................. Total Funds Budgeted............................... State Funds Budgeted..............................

Departmental Functional Budgets

Total Funds

Administration Transportation Utilities Total

$

3,393,720

$

4,186,195

$

4,950,054

$

12,529,969

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...........................

525

State Funds

$

348,840

$

1,514,787

$

1,071,166

$

1,039,978

$

456,885

$

10,261,830

$

14,693,486

17,642,000 575,000
17,067,000 17,642,000 17,642,000
9,693,799 7,917,274
670,486 278,106 309,500 71,526 404,786 330,108 168,202 2,379,981 12,529,969 9,693,799
State Funds
3,393,720 1,580,886 4,719,193 9,693,799
1,396,904,542
1,455,495,686 215,731,047
454,183,917 637,169,805
30,970,581

526

JOURNAL OF THE HOUSE

Office of Minority Business Enterprise..................... Student Education Enrichment Program ................. Forestry Research........................................................ Research Consortium.................................................. Capital Outlay............................................................. Total Funds Budgeted................................................. Departmental Income.................................................. Sponsored Income........................................................ Funds............................................................................ Indirect DOAS Services Funding............................... State Funds Budgeted................................................

B. Budget Unit: Regents Central Office and Other Organized Activities............................
Personal Services: Educ., Gen., and Dept. Svcs....................................... Sponsored Operations................................................. Operating Expenses: Educ., Gen., and Dept. Svcs....................................... Sponsored Operations................................................. Fire Ant and Environmental Toxicology Research.. Agricultural Research................................................. Advanced Technology Development Center/Economic Development Institute.................................................................... Capitation Contracts for Family Practice Residency................................................... Residency Capitation Grants ..................................... Student Preceptorships............................................... Mercer Medical School Grant.................................... Morehouse School of Medicine Grant........................ Capital Outlay............................................................. Center for Rehabilitation Technology........................ SREB Payments........................................................... Medical Scholarships................................................... Regents Opportunity Grants...................................... Regents Scholarships .................................................. Rental Payments to Georgia Military College.......... CRT Inc. Contract at Georgia Tech Research Institute.................................................... Direct Payments to the Georgia Public Telecommunications Commission for Operations. Pediatric Residency Capitation Contracts ................ Total Funds Budgeted................................................. Departmental Income.................................................. Sponsored Income........................................................ Other Funds................................................................. Indirect DOAS Services Funding............................... State Funds Budgeted................................................

Regents Central Office and Other Organized Activities

Total Funds

Marine Resources Extension Center Skidaway Institute of Oceanography

2,366,695 5,206,075

990,354 361,267 954,461 45,210,000 17,077,263 2,858,144,381 103,648,940 852,900,852 501,650,547 3,039,500 1,396,904,542
191,522,861
290,767,410 118,215,795
130,424,657 70,293,453
0 2,632,448
17,127,687
4,312,000 1,974,000
176,400 7,660,000 7,394,890
500,000 4,567,076 5,577,775 1,588,578
600,000 200,000 1,276,071
179,214
16,474,791 480,000
682,422,245 3,576,811
199,211,819 287,567,254
543,500 191,522,861

State Funds

$

1,515,836

$

1,731,075

MONDAY, FEBRUARY 15, 1999

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

1,631,699 109,739,028
17,127,687 $ 71,960,073 $ 58,273,929 $
345,265,352 $
3,174,529 $
5,205,161 $ 27,787,441 $
3,511,664 $
3,484,976 $ 27,687,936 $ 682,422,245 $

C. Budget Unit: Georgia Public Telecommunications Commission............................................................ $
Personal Services...........................................................................$ Operating Expenses ......................................................................$
General Programming...................................................................$ Distance Learning Programming.................................................$ Capital Outlay ...............................................................................$ Total Funds Budgeted...................................................................$ Other Funds...................................................................................$ State Funds Budgeted ..................................................................$

D. Budget Unit: Lottery for Education..........................................$ Equipment, Technology and Construction Trust Fund .................................................................................$ Georgia Public Telecommunications Commission ......................$ Internet Connection Initiative .....................................................$ Special Funding Initiatives ..........................................................$ Georgia Military College - Equipment........................................$ Total Funds Budgeted...................................................................$ Lottery Funds Budgeted...............................................................$

Section 28. Department of Revenue. Budget Unit: Department of Revenue............................................$ Personal Services...........................................................................$ Regular Operating Expenses........................................................$ Travel..............................................................................................$ Motor Vehicle Purchases...............................................................$
Equipment...................................................................................... $ Computer Charges.........................................................................$ Real Estate Rentals ......................................................................$ Telecommunications ......................................................................$ Per Diem, Fees and Contracts .....................................................$ County Tax Officials/Retirement and PICA ...............................$ Grants to Counties/Appraisal Staff .............................................$ Motor Vehicle Tags and Decals....................................................$ Postage............................................................................................ $ Investment for Modernization......................................................$

527
1,066,845 9,299,364
7,692,033 42,320,924 34,086,429
34,591,288
3,174,529
545,004 27,787,441
0
131,006 27,581,087 191,522,861
0 10,334,700 8,870,865 3,889,958 6,702,234
90,000 29,887,757 29,887,757
0
26,885,000
15,000,000 2,000,000 2,219,000 7,466,000
200,000 26,885,000 26,885,000
113,297,564 64,948,662
5,268,072 1,162,429
207,300 311,242 14,201,030 2,927,364 2,870,400 1,921,600 3,422,795
0 2,404,350 3,576,944 15,453,831

528

JOURNAL OF THE HOUSE

Total Funds Budgeted.................... Indirect DOAS Services Funding.. State Funds Budgeted...................

Departmental Functional Budgets

Total 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

24,833,748 12,379,185 14,081,386 16,916,970 8,327,921 18,140,512 8,449,621 4,752,350 4,011,535
20,000 4,351,652 2,411,139 118,676,019

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...................

Departmental Functional Budgets

Total 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

4,562,718 5,035,638 2,610,676 2,017,587 4,348,582 1,247,851
388,710 10,241,898
232,951 30,686,611

B. Budget Unit: Real Estate Commission . Personal Services....................................... Regular Operating Expenses.................... Travel.......................................................... Motor Vehicle Purchases...........................

118,676,019 3,845,000
113,297,564

State Funds

$ 24,833,748

$ 12,229,185

$ 13,066,186

$ 16,776,970

$

8,027,921

$ 16,840,512

$

8,449,621

$

3,018,895

$

3,911,535

$

20,000

$

3,711,852

$

2,411,139

$ 113,297,564

29,641,611 18,387,545 3,354,702
245,300 105,650 131,482 3,016,336 2,474,252 814,690 1,559,154 597,500 30,686,611 29,641,611

State Funds

$

4,532,718

$

4,960,638

$

1,890,676

$

1,967,587

$

4,328,582

$

1,247,851

$

388,710

$ 10,091,898

$

232,951

$ 29,641,611

2,272,618 1,383,094
166,400 15,000 29,000

MONDAY, FEBRUARY 15, 1999
Equipment.................................. Computer Charges..................... Real Estate Rentals.................. Telecommunications .................. Per Diem, Fees and Contracts. Total Funds Budgeted............... State Funds Budgeted..............
Departmental Functional Budgets

State Funds

Real Estate Commission

2,272,618

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.........................................

Section 31. Student Finance Commission. A. Budget Unit: Student Finance Commission.... Personal Services.................................................. Regular Operating Expenses............................... Travel..................................................................... Motor Vehicle Purchases...................................... Equipment............................................................. Computer Charges................................................ Real Estate Rentals ............................................. Telecommunications ............................................. Per Diem, Fees and Contracts............................ Payment of Interest and Fees............................. Guaranteed Educational Loans........................... Tuition Equalization Grants............................... Student Incentive Grants.................................... Law Enforcement Personnel Dependents' Grants................................................................ North Georgia College ROTC Grants ................ 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.........................................

529
7,639 181,400 170,085 187,000 133,000 2,272,618 2,272,618

Cost of Operations

$

2,312,618

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
33,478,570 534,451 22,680 18,000 0 7,500 38,822 46,000 18,691 91,800 0
4,510,455 25,749,053
500,000
86,000 337,500 68,500 100,000 808,368
0 540,750 33,478,570 33,478,570

530

JOURNAL OF THE HOUSE

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

215,578,022 117,418,487 29,888,210 26,527,997
7,592,088 28,029,000
771,210 220,530 3,500,000 1,107,000 523,500 215,578,022 215,578,022

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 6,259,990
366,100 20,500
0 5,700 1,165,717 527,355 279,665 329,300
0 3,550,000
250,000 12,754,327 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........................................................$ 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 ...................................................................$

247,591,549 6,640,013 597,890 165,100 0 192,271 742,246 769,575 1,002,182 146,786 15,833,471 5,972,145 1,075,353

MONDAY, FEBRUARY 15, 1999

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....................................

Departmental Functional Budgets

Total Funds

Administration Institutional
Programs Total

10,256,063
315,591,811 325,847,874

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..............................................

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.................................................. State Funds Budgeted.................................................

Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

Planning and Construction

$ 910,011,135

531
8,047,385 0
187,142,492 57,257,137 6,274,488 19,592,382
3,615,148 10,781,810 325,847,874 247,591,549

State Funds

$

7,172,413

$ 240,419,136 $ 247,591,549

25,384,346

0

0 19,384,346

6,000,000 25,384,346 25,384,346

597,904,925 262,742,052 62,239,702
2,024,000 2,000,000 7,944,070 14,397,650 1,333,768 3,269,333 60,563,553 816,577,596 2,241,866 11,543,887
710,855
341,250 1,247,929,582
597,904,925

State Funds $ 282,120,458

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Maintenance and Betterments Facilities and Equipment Administration Total

245,787,351 17,851,383 32,000,472
1,205,650,341

General Funds Budget

Planning and Construction Maintenance and Betterments Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways
Activities Total

21,000,000 0
3,193,115 17,375,271
710,855 42,279,241

Section 35. Department of Veterans Service. Budget Unit: Department of Veterans Service........... Personal Services....................................................... Regular Operating Expenses.................................... Travel.......................................................................... Motoi Vehicle Purchases........................................... Equipment.................................................................. Computer Charges..................................................... Real Estate Rentals.................................................. Telecommunications .................................................. Per Diem, Fee? and Contracts................................. Capital Outlay .......................................................... Operating Expense/Payments to Medical College of Georgia .............................................................. Regular Operating Expenses for Projects and Insurance ....................................................... Total Funds Budgeted.............................................. State Funds Budgeted.............................................

Departmental Functional Budgets

Total Funds

Veterans Assistance Veterans Nursing
Home-Augusta Total

ij

21,144,017

ij

7,628,118

3

28,772,135

Section 36. Workers' Compensation Board. Budget Unit: Workers' Compensation Board... Personal Services............................................. Regular Operating Expenses.......................... Travel................................................................ Motor Vehicle Purchases................................. Equipment........................................................ Computer Charges.......................................... Real Estate Rentals ........................................ Telecommunications ........................................ Per Diem, Fees and Contracts....................... Payments to State Treasury ......................... Total Funds Budgeted....................................
State Funds Budgeted ....................................

233,363,366 17,291,383 31,216,797
563,992,004
21,000,000 0
2,732,369 9,469,697
710,855 33,912,921
20,425,431 5,183,283
246,723 102,245
0 173,265 27,100 250,711 76,850 14,289,340 200,000
7,372,118
850,500 28,772,135 20,425,431
State Funds
$ 15,335,705
5,089,726 20,425,431
11,504,420 9,248,337
449,937 129,666
0 65,520 303,057 1,173,481 186,121 138,301
0 11,694,420 11,504,420

MONDAY, FEBRUARY 15, 1999

533

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) ...................................................$
$

414,842,018 35,000,000 449,842,018

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (New) .........................................................$ Motor Fuel Tax Funds (New).......................................................$
$

72,729,430 0
72,729,430

Section 38. Provisions Relative to Section 3, Judicial Branch. The appropriations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and 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 Administrative Ser vices. 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 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the commissioner 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

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programs.

Section 40. Provisions Relative to Section 7, Department of Community Af fairs. 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", specific, 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 City of Mableton
Long County
City of Warner Robins

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 Land purchase and restoration of the Mable House Estate For county administration expenses Construction of an educational facility at the Georgia Aviation Hall of Fame

$

75,000

$

90,000

$

86,250

$

50,000

$

40,000

$ 375,000

$ 100,000

$

38,000

$ 5,000,000

$ 160,000

$ 1,000,000

Section 41. Provisions Relative to Section 10, State Board of Education Depart ment of Education. The formula calculation for Quality Basic Education funding 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 criteria and standards prescribed by the State Board of Education for middle school programs.

Section 42. Provisions Relative to Section 11, Employees' Retirement Sys tem. Funds are provided in this appropriation act for H.B. 661, H.B. 944, H.B. 1096, H.B. 1103 and S.B. 326.

MONDAY, FEBRUARY 15, 1999

535

Section 43. Provisions Relative to Section 15, Department of Human Re sources. The Department of Human Resources is authorized to calculate all Temporary 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 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 sub-object class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval.

Provided, that of the appropriation relative to Community Mental Health/Mental Retardation and Institutions, Regional Boards will be allocated State hospital funds equal to their DHR approved formula fair share. Regional Boards must use their fair share allocation or 90% of their base year hospital utilization funding (whichever is less) to purchase State hospital services. The balance may be used for community based care in accordance with approved Regional Plans.

Section 44. Provisions Relative to Section 21, Department of Medical Assis tance. 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 October 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 acuity 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 Ad ministration. The Department is authorized to assess no more than $137.00 per budg-

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JOURNAL OF THE HOUSE

eted 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 Re sources. 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 47. Provisions Relative to Section 24, Department of Public Safety. To provide funds to establish an effective date of January 1,1999 for the provisions of Georgia Code 35-8-24 mandating basic training for local and county jail officers.
Section 48. 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, H.B. 943, H.B. 1081 and H.B. 1096S.
Section 49. Provisions Relative to Section 33, Department of Technical and Adult Education. To provide authorization for the conversion of Atlanta Area Technical Institute and Savannah Regional Technical Institute to State operated institutions.
Section 50. Provisions Relative to Section 34, Department of Transporta tion. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
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.

MONDAY, FEBRUARY 15, 1999

537

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 DC, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(l), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
Section 51. In addition to all other appropriations for the State fiscal year ending June 30, 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 52. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chap-

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JOURNAL OF THE HOUSE

ter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 53. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 54. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 55. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 56. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 57. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 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

MONDAY, FEBRUARY 15, 1999

539

common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.
Section 58. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 59. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.

Section 60. Provisions Relative to Section 37, State of Georgia General Obliga tion 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:

A.) Maturities not to exceed two
hundred forty months. Department of Education regular
entitlements, regular advanced funding and incentive advance funding Construct a School of Architecture at Southern Polytechnic State University Instructional complex at Gordon College Environmental sciences and technology building at Georgia Tech Health and natural science building at North Georgia College and State University Student learning center at the University of Georgia (UGA) Gwinnett Campus phase I construction at UGA/Georgia Perimeter College Renovate and expand UGA's food science building

Principal Amount

Debt Service

57,675,000 $
11,666,000 14,120,000 32,120,000
17,470,000 38,415,000 19,755,000
4,200,000

4,960,050
1,003,276 1,214,320 2,762,320
1,502,420 3,303,690 1,698,930
361,200

540

JOURNAL OF THE HOUSE

Construct a food processing technology building at Georgia Tech
Renovate lab space for the Georgia Tech School of Textile and Fiber Engineering
Critical repair projects at various technical institutions
Major renovation projects at DeKalb Tech, Pickens Tech and Columbus Tech
Construct the Flint River Center in Albany
Construct the phase IV expansion of the World Congress Center and purchase adjacent property
Provide low interest loans to local governments for water, sewer and wastewater treatment projects
Removal and re-mediation of State-owned underground and above ground storage tanks
Governor's Road Improvement Program Construction of dental and educational
space and facilities at RYDCs Construct an additional 100 RYDC beds through expansions at Albany RYDC (30 beds); Columbus RYDC (30 beds);Thomasville RYDC (20 beds);and Macon RYDC (20 beds) Juvenile Justice projects: dining facility at Augusta YDC($3,550,000); addition to the detention building at Augusta YDC ($1,240,000); police office/detention unit at Lorenzo Benn YDC ($970,000); detention unit expansion at Macon YDC ($800,000) Major repairs and renovations at various RYDCs Department of Human Resources projects: safety and regulatory requirements ($4,910,000); major construction projects and design funds ($210,000); HVAC system replacement and renovation ($2,705,000); electrical replacement and renovation ($1,630,000); roof replacement ($735,000); miscellaneous projects
($255,000) Construct a laboratory annex and
morgue in Atlanta for GBI Construct a replacement laboratory
and add a morgue in downtowm Augusta for GBI Roofing projects at various

4,110,000 750,000
6,615,000 3,970,000 13,950,000 220,000,000 20,000,000 3,000,000 125,000,000 2,510,000
10,000,000
6,560,000 2,750,000
10,445,000 17,020,000 4,015,000

353,460 64,500 568,890
341,420 1,199,700 18,920,000 1,720,000
258,000 10,750,000
215,860
860,000
564,160 236,500
898,270 1,463,720
345,290

MONDAY, FEBRUARY 15, 1999

Department of Corrections' facilities Americans with Disabilities
Act modifications Savannah harbor spoilage area
projects Construction for lower wealth
school systems Four cabins at James H. Floyd
State Park Group camp, picnic shelter and
rest station at George L. Smith State Park Nine hole golf addition at Victoria Bryant State Park Laurens County Public Fishing Area Bleckley County Public Fishing Area Land purchase at FDR State Park Aquatic grass harvester at Reed Bingham State Park Repairs and maintenance of facilities to expand interpretive area at Jeff Davis Historic Site Purchase of land for the Agriculture Exposition Authority Purchase of a facility in Houston County for Macon College Classroom addition and activity center at East Georgia College Expansion of Coastal Georgia Center Plan and design a parking deck at Kennesaw State University Plan and design a P.E. facility and renovate Hayes Hall at Middle Middle Georgia College Plan and design a dormitory at Savannah State University Renovate a facility at Valdosta State University Construction at Altamaha Tech Adult learning centers in Telfair and Randolph counties Carnegie Library in Savannah Glynn County Library Railroad rehabilitation Purchase of land, design and construct a new campus for Carroll Technical Institute Renovation of a facility at State University of West Georgia Construction of a technology and commerce center at Columbus State University
B.) Maturities not to exceed sixty
months. Purchase vocational equipment for
the State Board of Education

5,000,000 6,000,000 20,050,000 11,700,000
350,000
300,000 2,150,000 1,400,000
185,000 135,000 100,000
100,000 1,800,000 2,500,000 4,250,000 2,340,000
600,000
350,000 609,000 2,750,000 3,570,000 1,000,000 500,000 1,000,000 3,000,000
23,780,000 5,000,000
15,265,000
7,000,000

541
430,000 516,000 1,724,300 1,006,200
30,100
25,800 184,900 120,400
15,910 11,610
8,600
8,600 154,800 215,000 365,500 201,240 51,600
30,100 52,374 236,500 307,020 86,000 43,000 86,000 258,000
2,045,080 430,000
1,312,790
1,638,000

542

JOURNAL OF THE HOUSE

Purchase equipment for the Governor's Traditional Industries program
Increased cost of the design and feasibility study for the Savannah harbor deepening project
Security related modifications at various prisons
Repairs and renovations at the Atlanta Farmers' Market
Fire sprinkler system for parking facilities in the Archives Building
Rail line acquisition in preparation for commuter and intercity rail in downtown Atlanta
Planning of construction project at Atlanta Tech
Planning of construction project at Flint River Tech
Planning of construction project at Macon Tech
Planning of construction project at Moultrie Tech
Planning of construction project at Tift Area Satellite

2,285,000
10,800,000 5,425,000 1,000,000 1,575,000
1,200,000 271,000 55,000 360,000 612,000 212,000

534,690
2,527,200 1,269,450
234,000 368,550
280,800 63,414 12,870 84,240 143,208 49,608

Section 61. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1999

$ 13,064,694,760

Section 62. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 63. All laws and parts of laws in conflict with this Act are repealed."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 3. All laws and parts of laws in conflict with this Act are repealed.

The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 143, designating Representative Coleman of the 142nd as Chairman thereof.

The Speaker called the House to order.

The Committee of the Whole arose and through its Chairman reported HB 143 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.

The following amendment was read:

Representative Irvin of the 45th moves to amend the Committee substitute to HB 143 by (removing from) state funds for the State of Georgia General Obligation Debt Sinking Fund, Section 37, relating to State Fiscal Year 1999 the figure $154,800 and by (decreasing) the object classes as listed below:

MONDAY, FEBRUARY 15, 1999

543

Object Classes

State General Funds (New)

154,800

Total Funds State Funds

$

154,800

$

154,800

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

N Alien N Anderson N Ashe N Bailey
Y Bannister N Barnard
N Barnes N Benefield N Birdsong N Bohannon N Bordeaux N Borders N Bridges N Brooks Y Brown N Buck N Buckner N Bulloch Y Bunn N Burkhalter N Byrd Y Callaway Y Campbell
N Cash
N Channell N Childers Y Clark Y Coan
N Coleman, B
N Coleman, T N Connell Y Cooper N Cox
N Crawford
N Cummings Y Davis, M

Y Davis, T N Day N Dean N DeLoach, B N DeLoach, G N Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans N Everett N Felton N Floyd Y Franklin Y Golick N Graves N Greene Y Grindley Y Hammontree N Hanner N Harbin N Harrell N Heard N Heckstall N Hegstrom Y Hembree
N Henson
N Holland N Holmes N Houston N Howard
Y Hudgens
N Hudson, H N Hudson, N

N Hugley Y Irvin N Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Jones
Y Joyce Y Kaye
N Lane
Y Lewis N Lord N Lucas N Maddox Y Mann
N Manning
N Martin, J N Martin, J.L Y Massey N McBee N McCall N McClinton N McKinney Y Millar Y Mills
N Mobley N Morris N Mosley Y Mueller N CCNeal N Orrock N Parham N Parrish N Parsons

N Pelote
Y Pinholster
N Poag Y Ponder N Porter N Powell N Purcell N Ragas
Randall N Ray E Reaves N Reece N Reed Y Reese N Reichert Y Rice Y Richardson
N Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett Y Scheid N Scott N Shanahan N Shaw
N Shipp N Sholar N Sims N Sinkfield N Skipper N Smith, B N Smith, C Y Smith, C.W N Smith, L

N Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings
Y Stancil
N Stanley, P Stanley-Turner
N Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Tolbert N Trense N Turnquest N Twiggs N Untennan N Walker, L Y Walker, R.L N Watson N West Y Westmoreland N Whitaker Y Wiles Y Williams, J N Williams, R N Wix
Yates Murphy, Spkr

On the adoption of the amendment, the ayes were 43, nays 132.
The amendment was lost. Representative Day of the 153rd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following amendment was read:

Representative Stancil of the 16th moves to amend the Committee substitute to HB 143 by (removing from) state funds for the State of Georgia General Obligation Debt Sinking Fund, Section 37, relating to State Fiscal Year 1999 the figure $405,920 and by (decreasing) the object classes as listed below:

Object Classes

State General Funds (New)

405,920

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Total Funds State Funds

$

405,920

$

405,920

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

N Alien N Anderson
Y Ashe N Bailey Y Bannister N Barnard N Barnes
N Benefield N Birdsong
Y Bohannon N Bordeaux N Borders
Y Bridges N Brooks Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter N Byrd Y Callaway
Y Campbell N Cash N Channel!
N Childers Y Clark Y Coan Y Coleman, B N Coleman, T N Connell Y Cooper Y Cox Y Crawford N Cummings Y Davis, M

Y Davis, T Day
N Dean N DeLoach, B N DeLoach, G Y Dix
N Dixon
N Dodson
N Dukes
Y Ehrhart N Epps Y Evans Y Everett Y Felton N Floyd Y Franklin Y Golick N Graves N Greene Y Grindley Y Hammontree N Hanner N Harbin N Harrell N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, H N Hudson, N

N Hugley Y Irvin N Jackson, B N Jackson, L N James N Jamieson N Jenkins
Y Jennings N Jones Y Joyce Y Kaye N Lane Y Lewis N Lord N Lucas N Maddox Y Mann Y Manning N Martin, J N Martin, J.L Y Massey N McBee N McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish N Parsons

N Pelote Y Pinholster Y Poag
N Ponder
N Porter N Powell N Purcell N Ragas
Randall
N Ray E Reaves N Reece N Reed Y Reese N Reichert Y Rice Y Richardson N Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett Y Scheid N Scott N Shanahan N Shaw N Shipp N Sholar N Sims N Sinkfield N Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L

Y Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley, P
Stanley-Turner N Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman Y Tolbert Y Trense N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson Y West Y Westmoreland N Whitaker Y Wiles Y Williams, J N Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 62, nays 113.

The amendment was lost.

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 Committee substitute was adopted.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard

Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders

Y Bridges Y Brooks N Brown
Y Buck
Y Buckner Y Bulloch

Y Bunn
Y Burkhalter
Y Byrd N Callaway Y Campbell Y Cash

Y Channell
Y Childers N Clark N Coan Y Coleman, B Y Coleman, T

Y Connell Y Cooper Y Cox
Y Crawford
Y Cummings N Davis, M Y Davis, T Y Day
Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes N Ehrhart Y Epps
N Evans
Y Everett
Y Felton Y Floyd N Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Y Manner
Y Harbin Y Harrell

MONDAY, FEBRUAEY 15, 1999

Y Heard Y Heckstall
Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley N Irvin
Y Jackson, B Y Jackson, L Y James
Y Jamieson Y Jenkins Y Jennings Y Jones N Joyce N Kaye Y Lane Y Lewis Y Lord Y Lucas
Y Maddox Y Mann Y Manning

Martin, J Martin, J.L Massey McBee
McCall McCHnton McKinney Millar Mills Mobley Morris Mosley Mueller O'Neal Orrock Parham Parrish Parsons Pelote
Pinholster Poag Ponder Porter Powell Purcell
Randall Ray Reaves Reece

Y Reed N Reese 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 Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C N Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snelling

545
Y Snow Y Squires Y Stallings N Stancil Y Stanley, P
Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y league Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West N Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 156, nays 19.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, HB 143 was ordered immediately transmitted to the Senate.
House of Representatives Legislative Office Building, Room 404
Atlanta, GA 30334
February 15, 1999 Explanation of my "NO" vote on HB 143 The Supplemental Budget (HB 143) should not be used as a way to spend all excess hard earned taxpayer dollars. The purpose of this type of budget is to fund mid-term adjustments for education to reflect increased enrollments, to fully fund the rainy day reserve fund and to provide for any emergencies (like prison construction and alternative schools). These and others are the items I supported in the budget. Unfortunately, it was business as usual with new bond debt of over $792,000,000 which will push state debt well in excess of $5,000,000,000 (yes, that's Billion), despite the fact that state revenues are growing faster than the most optimistic projections. Additionally, local "pet" pork projects totaled over $70,000,000. On balance, I could not support this amended budget and voted "no".
/s/ Mitchell Kaye Rep. Mitchell Kaye District 37
The Speaker announced the House in recess until 1:45 o'clock this afternoon.

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AFTERNOON SESSION
The Speaker Pro Tern called the House to order.
The following Resolutions of the House were read and adopted: HR 305. By Representatives Williams of the 114th, Coleman of the 142nd, Walker of
the 141st, Skipper of the 137th, Smyre of the 136th and others: A resolution expressing appreciation to Speaker Thomas B. Murphy. HR 306. By Representative Hembree of the 98th: A resolution commending Good Samaritan Center of Douglas County, Inc.. HR 307. By Representative Hembree of the 98th: A resolution commending S.H.A.R.E. House, Inc. HR 308. By Representatives Cummings of the 27th, Murphy of the 18th, Connell of the 115th, Walker of the 141st, Coleman of the 142nd and others: A resolution recognizing the 250th Anniversary of the final participation by James Edward Oglethorpe as a member of the Georgia Trustees and welcoming the distinguished delegation of visitors from Godalming and Cranham, England on this auspicious occasion. HR 309. By Representative Coleman of the 80th: A resolution recognizing and commending Winnie Guthrie Cain Corley. HR 310. By Representatives Birdsong of the 123rd, Squires of the 78th, Sims of the 167th, Smith of the 19th, Roberts of the 162nd and others: A resolution commending the 13,000 men and women of the Georgia Army and Air National Guard and declaring National Guard Day in Georgia. HR 311. By Representatives Jamieson of the 22nd, Parham of the 122nd, Parrish of the 144th, Channell of the lllth and Murphy of the 18th: A resolution commending Mrs. Robbie Camp. HR 312. By Representatives Smith of the 102nd, Buck of the 135th and Crawford of the 129th: A resolution expressing regret at the passing of James C. Jordan, Jr. HR 313. By Representatives Porter of the 143rd and Coleman of the 142nd: A resolution commending Roy Malone. HR 314. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th: A resolution recognizing and commending Scott Adam Hershovitz. HR 315. By Representatives Scheid of the 17th, Royal of the 164th, Stancil of the 16th, Benefield of the 96th, Hudson of the 156th and others: A resolution recognizing Honorable William J. Lee. HR 316. By Representative Roberts of the 162nd: A resolution in remembrance of Mr. Jasper Eugene Slaughter. HR 317. By Representative Roberts of the 162nd: A resolution in remembrance of Mr. William James Burke. HR 318. By Representative Roberts of the 162nd: A resolution in memory of Mr. Will Thomas.

MONDAY, FEBRUARY 15, 1999

547

HR 319. By Representative Roberts of the 162nd:
A resolution in memory of Mr. M. C. Williams.
HR 320. By Representatives Porter of the 143rd, McCall of the 90th, Childers of the 13th, Royal of the 164th, Lane of the 146th and others:
A resolution recognizing "Health Care for Rural and Underserved Georgians Day".
HR 321. By Representative Hanner of the 159th:
A resolution commemorating the twentieth anniversary of the founding of Keep Georgia Beautiful.
HR 322. By Representative Parrish of the 144th:
A resolution commending Dr. Henry Wilder Smith.
HR 323. By Representatives Channell of the lllth, Birdsong of the 123rd, Jenkins of the 110th and Smith of the 109th:
A resolution commending Frank Duke.

Representative Smyre of the 136th 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 207 Do Pass HR 212 Do Pass
Respectfully submitted, /a/ Smyre of the 136th
Chairman
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 212. By Representatives Hanner of the 159th and Skipper of the 137th:
A resolution commending the Lee County American All-Stars Dixie Youth Baseball team and inviting the team and its coaches to appear before the House of Representatives.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HR 266. By Representatives Millar of the 59th, Coleman of the 142nd, Ehrhart of the 36th, Hanner of the 159th and Ashe of the 46th:
A resolution acknowledging the successful efforts of the Georgia Forestry Commission in satisfying the demand for hardwood seedlings for reforestation of damaged areas and urging the communities of Georgia to continue to reforest damaged lands and encouraging the Georgia Forestry Commission to continue benefitting Georgia communities by meeting future demand for hardwood seedlings when natural disasters occur.

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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 93, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted. HB 217. By Representatives Lucas of the 124th, Coleman of the 142nd, Walker of the
141st, Murphy of the 18th, Smyre of the 136th and others: A bill to amend Article 6 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, so as to require each state official, branch, department, board, bureau, commission, or other state agency to submit an inventory of state buildings under its jurisdiction to certain committees of the General Assembly by October 1, 1999.
The following Committee substitute was read and adopted:

A BILL

To amend Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Building Authority, so as to require each state entity to submit an inventory of state buildings under its control or custody to the Georgia Building Authority; to provide for submission of such inventory to certain committees of the General Assembly; to provide for definitions; to provide for certain minimum provisions to be included in such inventory; to provide for other related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Building Authority, is amended by adding at the end thereof a new Article 6 to read as follows:

50-9-110.

"ARTICLE 6

As used in this article, the term:

(1) 'Authority* means the Georgia Building Authority.

(2) 'State' means the State of Georgia and any of its offices, agencies, authorities, departments, commissions, boards, divisions, instrumentalities, and institutions but does not include counties, municipalities, school districts, other units of local government, hospital authorities, or housing and other local authorities.

(3) 'State building" means a building owned by the state or under the custody or control of the state or insured by the program of self-insurance established under Code Sections 50-16-8 through 50-16-11.

(4) 'State entity" means either of the entities listed in paragraph (2) of this subsection.
50-9-111.

MONDAY, FEBRUARY 15, 1999

549

(a) Beginning July 1, 1999, each state entity shall compile information on all state buildings under the custody or control of such state entity necessary for the compilation of an inventory of all state-owned or leased buildings. On or before October 1, 1999, and as changes occur, but by no later than such date annually, each state entity shall send such information to the authority. The authority shall compile the information in an electronic format and produce a report to the chairperson of the State Institutions and Property Committee of the Georgia House of Representatives and to the chairperson of the Finance and Public Utilities Committee of the Georgia Senate.
(b) The inventory shall be accomplished by the completion of a form for each state building under the custody or control of such state entity. The form shall be designed and promulgated by the authority.
(c) The inventory required by subsection (a) of this Code section shall include, as a minimum, the following:
(1) The name of the building or another description identifying the building;
(2) The location of the building;
(3) The name of the building manager or, in the case of a state building which is leased to a tenant who is responsible for the operation of the building, the tenant or the tenant's building manager;

(4) The square footage of the building;
(5) Information as to whether such building is currently in use by the state entity or is being leased to a private tenant by such state entity;

(6) The nature of the use of the building at the time inventory is made;
(7) Estimation of the building's fair market value or replacement value at the time inventory is made, and if the building is leased to a private tenant who is responsible for the operation of the building, an estimation of the fair market value of the building at the time the lease agreement was executed;
(8) Information on major building components, such as electrical, mechanical, structural, roof, elevators, escalators, underground storage tanks, emergency generators, boilers, and life safety systems, and their estimated expected life;
(9) Information on the age of the building and its historic significance, if any;
(10) Information on the accessibility of the building and grounds;
(11) Information on energy consumption and utility connections and usage; and
(12) Other information required by the authority, the chairperson of the State Institutions and Property Committee of the Georgia House of Representatives, or the chairperson of the Finance and Public Utilities Committee of the Georgia Senate."
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.

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On the passage of the Bill, by substitute, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 218. By Representatives Ragas of the 64th and Martin of the 47th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, and Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to change provisions relating to termination of parental rights when the child is not in the parent's custody.
The following Committee substitute was read and adopted:

A BILL
To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, and Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to change provisions relating to termination of parental rights when the child is not in the parent's custody; to change provisions relating to placement of a child following an order terminating parental rights; to change the scope of the search for suitable family members for placement; to provide for designation of a named licensed child-placing agency to place the child for adoption in certain circumstances; to provide additional grounds for termination of parental rights in adoption proceedings; to change a provision relating to the fee charged by the department for the cost of conducting a search for a biological parent or sibling or information relating thereto on behalf of an adopted person or the sibling of an adopted person; to revise forms for surrender of rights and the mother's affidavit; to combine three forms for surrender of rights of an alleged biological father into a single surrender form and to revise cross references accordingly; to provide for inclusion of information regarding American Indian heritage and military service in the mother's affidavit; to make editorial changes; to provide for applicability and 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 proceedings and parental rights, is amended by striking in its entirety subparagraph (b)(4)(C) of Code Section 15-11-81, relating to grounds for termination of parental rights, and inserting in lieu thereof the following:
"(C) In addition to the considerations in subparagraph (B) of this paragraph, where the child is not in the custody of the parent who is the subject of the proceedings, in determining whether the child is without proper parental care and control, the court shall consider, without being limited to, whether the parent without justifiable cause has failed significantly for a period of one year or longer prior to the filing of the petition for termination of parental rights:
(i) To communicate or to make a bona fide attempt to communicate develop and maintain a parental bond with the child in a meaningful, supportive, parental manner;
(ii) To provide for the care and support of the child as required by law or judicial decree; and
(iii) To comply with a court ordered plan designed to reunite the child with the parent or parents."

MONDAY, FEBRUARY 15, 1999

551

SECTION 2.
Said chapter is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 15-11-90, relating to placement of a child following a termination order, and inserting in its place the following:
"(a)(l) If, upon the entering of an order terminating the parental rights of a parent, there is no parent having parental rights, the court shall first attempt to place the child with the child's extended family or with a person related to the child by blood or marriage. An cxhauativc and A thorough search for a suitable family member shall be made by the court and the Department of Human Resources in attempting to effect this placement. A placement effected under this paragraph shall be conditioned upon the family member who is given permanent custody or who is granted an adoption of the child agreeing to abide by the terms and conditions of the order of the court. A placement shall be made under the terms of this paragraph only if such a placement is in the best interest of the child."
SECTION 3.
Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, is amended by striking in its entirety paragraph (2) of subsection (e) of Code Section 19-84, relating to surrender or termination of parental or guardian's rights and consent of a child 14 or older, and inserting in lieu thereof the following:
"(2) The biological father who is not the legal father of a child may surrender all his rights to the child for the purpose of an adoption pursuant to this Code section. That surrender shall meet the requirements of subsection (b) (d) of Code Section 198-26."

SECTION 4.
Said chapter is further amended by striking in its entirety subsection (k) of Code Section 19-8-5, relating to surrender or termination of parental rights where adoption by an unrelated third party is planned, and inserting in its place the following:
"(k) A petition for adoption pursuant to subsection (a) of this Code section shall be filed within 60 days from the date of the surrender; othcrwiac, except in casca of ex cusablc neglect,. If the petition is not filed within the time period specified by this subsection or if the proceedings resulting from the petition are not concluded with an order granting the petition, the surrender shall operate in favor of the child-placing agency designated in the surrender of rights, if any, unless said agency declines to accept the child for placement for adoption or no child-placing agency is designated in the surrender of rights, in which cases the surrender shall operate in favor of the department for placement for adoption pursuant to subsection (a) of Code Section 19-8-4. The court may waive the 60 day time period for filing the petition for excusable neglect."
SECTION 5.
Said chapter is further amended in Code Section 19-8-6, relating to surrender of parental rights when the mother and father are not still married and when only one parent is still living, by striking in its entirety paragraph (2) of subsection (e) and inserting in lieu thereof the following:
"(2) The biological father who is not the legal father of a child may surrender all his rights to the child for purposes of an adoption pursuant to this Code section. That surrender shall meet the requirements of subsection (d) of Code Section 19-8-26."

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SECTION 6.
Said chapter is further amended in Code Section 19-8-7, relating to surrender or termination of parental or guardian's rights when the child is adopted by a relative, by striking in its entirety paragraph (2) of subsection (e) and inserting in lieu thereof the following:
"(2) The biological father who is not the legal father of the child may surrender all his rights to the child for purposes of an adoption pursuant to this Code section. That surrender shall meet the requirements of subsection (d) of Code Section 198-26."

SECTION 7.
Said chapter is further amended by striking in its entirety subsection (a) of Code Section 19-8-10, relating to instances when surrender or termination of parental rights is not required as a prerequisite to filing a petition for adoption, and inserting in its place the following:
"(a) Surrender or termination of rights of a parent pursuant to subsection (a) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall not be required as a prerequisite to the filing of a petition for adoption of a child of that parent pursuant to Code Section 19-813 where the court determines by clear and convincing evidence that the:
(1) That child Child has been abandoned by that parent;
(2) That parent Parent cannot be found after a diligent search has been made; er
(3) That parent Parent is insane or otherwise incapacitated from surrendering such rights;;
(4) Parent has failed to exercise proper parental care or control due to misconduct or inability, as set out in paragraph (2), (3), or (4) of subsection (b) of Code Section 15-11-81,
and the court is of the opinion that the adoption is in the best interests of that child, after considering the physical, mental, emotional, and moral condition and needs of the child who is the subject of the proceeding, including the need for a secure and stable home."
SECTION 8. Said chapter is further amended in Code Section 19-8-11, relating to petitions to terminate parental rights, by striking in its entirety paragraph (3) of subsection (a) and inserting in its place the following:
"(3) Parental rights may be terminated pursuant to paragraph (I) or (2) of this subsection where the court determines by clear and convincing evidence that the:
(A) The child Child has been abandoned by that parent; (B) That parent Parent of the child cannot be found after a diligent search has been made; (C) That parent Parent is insane or otherwise incapacitated from surrendering such rights; or (D) That parent doca not have physical custody of the child and, for a period of one year or longer immediately prior to the filing of the petition for adoption, without justifiable cause, has significantly failed to communicate with the child in

MONDAY, FEBRUARY 15, 1999

553

a meaningful, aupportivc, parental manner Parent has failed to exercise proper parental care or control due to misconduct or inability, as set out in paragraph (2), (3), or (4) of subsection (b) of Code Section 15-11-81,
and the court shall set the matter down to be heard in chambers not less than 30 and not more than 60 days following the receipt by such remaining parent of the notice under subsection (b) of this Code section and shall enter an order terminating such parental rights if it so finds and if it is of the opinion that adoption is in the best interests of the child, after considering the physical, mental, emotional, and moral condition and needs of the child who is the subject of the proceeding, including the need for a secure and stable home."
SECTION 9.
Said chapter is further amended in Code Section 19-8-23, relating to where adoption records are kept, examination by parties and attorneys, use of information, information requests registry, and searches by placement agencies, by striking in its entirety paragraph (7) of subsection (f) and inserting in lieu thereof the following:
"(7) The department or placement agency may charge a reasonable fee to be determined by the department for the cost of conducting any search pursuant to this subsection not to exceed a fee of $360.00 together with approved rcaoonablc and ncecs oary out of pocket cxpcnaca."
SECTION 10.
Said chapter is further amended in Code Section 19-8-26, relating to execution, forms for execution, and withdrawal of surrender of parental rights, by striking subsections (b), (c), (d), (f) and (h) and inserting in their places new subsections to read as follows:
"(b) The surrender of rights by a biological father who ia not the legal father pursuant to paragraph (2) of aubacction (c) of Code Section 10 8 1 ohall conform aubatantially to the following form:
SURRENDER OF RIGHTS FINAL RELEASE FOR ADOPTION
NOTICE TO BIOLOGICAL FATHER:
Thio io an important legal document and by signing it you arc aurrcndcring all of your right, title, and claim to the child identified herein, 30 no to facilitate the child'a placement for adoption. You arc to receive a copy of this document and aa ex plained below have the right to withdraw your surrender within ten dayo from the date you sign it.

I, the undcraigncd, biological father of a (male) (female) child, born(inacrt name of child) to (insert name of mother) on ( inacrt birthdatc of child), being solicitous that sfaeTchild should receive the benefits and advantages of a good homo, to the end that (ahc) (ho) may be fitted for the requirements of life, consent to this aurrcndor.
I, the undcroigncd, do hereby surrender the child to (insert name of child placing agency or Department of Human Rcaourcca, 03 applicable) and promise not to inter fere in the management of the child in any respect whatever; and, in consideration of the bcncfito guaranteed by (inacrt name of child placing agency or Department of

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Human Resources, aa applicable) in thus providing for the child, I do rclinquiah all right, title, and claim to the child herein named, it being my wish, intent, and purpose to relinquish absolutely all control over the child.

Furthermore, I hereby agree that the (insert name of child-placing agency or Department of Human Rcaourcca, as applicable) may acok for the child a legal adoption by such pcraon or persona aa may be chosen by the (insert name of child plaeiftg agency or Department of Human Rcooureca, go applicable) or its authorized agents, without further notice to me. I do, furthermore, expressly waive any other notice or service in any of the legal proccodinga for the adoption of the child.

Furthermore, I understand that under Georgia law the Department of Human Resources or the child placing agency ia required to conduct an investigation and render a report to the court in connection with the legal proceeding for the legal adoption of the child and I hereby agree to cooperate fully with such department or agency in the conduct of ita invcatigation.

Furthermore, I hereby certify that I have received a copy of this document and that I understand I may only withdraw this surrender by giving written notice, delivered in pcraon or mailed by registered mail, to (inacrt name and addrcaa of child placing agency or Department of Human Rcaourcca, as applicable) within ten days from the date hereof; that the ten days ohall be counted conaccutivcly beginning with the day immediately following the date hereof, however, if the tenth day falls on a Saturday, Sunday, or legal holiday then the last day on which the surrender may be with drawn ahall be the next day that i3 not o Saturday, Sunday, or legal holiday; and I undcratand that it may NOT be withdrawn thereafter.

Furthermore, I hereby certify that I have not been subjected to any duress or undue prcsaurc in the execution of this aurrcndor document and do so freely and voluntarily.

Witncaa my hand and acal thia

day of-

JSEAL) (Biological father)

Unofficial witncaa

Notary public
Reserved.
(c) The surrender of rights by a parent or guardian pursuant to paragraph (1) of subsection (e) of Code Section 19-8-5 shall conform substantially to the following form:
SURRENDER OF RIGHTS FINAL RELEASE FOR ADOPTION
NOTICE TO PARENT OR GUARDIAN:
This is an important legal document and by signing it you are surrendering all of your right, title, and claim to the child identified herein, so as to facilitate the child's placement for adoption. You are to receive a copy of this document and as explained below have the right to withdraw your surrender within ten days from the date you sign it.

MONDAY, FEBRUAEY 15, 1999

555

I, the undersigned, being solicitous that my (male) (female) child, born (insert name of child), on (insert birthdate of child), should receive the benefits and advantages of a good home, to the end that (she) (he) may be fitted for the requirements of life, consent to this surrender.
I, the undersigned, (insert relationship to child) of the aforesaid child, do hereby surrender the child to (insert name, surname not required, of each person to whom surrender is made), PROVIDED each such person is named as petitioner in a petition for adoption of the child filed in accordance with Chapter 8 of Title 19 of the Official Code of Georgia Annotated within 60 days from the date hereof. Furthermore, I promise not to interfere in the management of the child in any respect whatever; and, in consideration of the benefits guaranteed by (insert name, surname not required, of each person to whom surrender is made) in thus providing for the child, I do relinquish all right, title, and claim to the child herein named, it being my wish, intent, and purpose to relinquish absolutely all parental control over the child.
It is also my wish, intent, and purpose that if each such person is not named as petitioner in a petition for adoption as provided for above within the 60 day period, other than for excusable neglect, or, if said petition for adoption is filed within 60 days but the adoption action is dismissed with prejudice or otherwise concluded without an order declaring the child to be the adopted child of each such person, then I do hereby surrender the child to (insert name of designated licensed chflcV placing agency), a licensed child-placing agency, for placement for adoption; or the Department of Human Resources, as provided by subsection (k) of Code Section 198-5, for placement for adoption; and (insert name of designated licensed child-placing agency) or the Department of Human Resources may petition the superior court for custody of the child in accordance with the terms of this surrender.
Furthermore, I hereby agree that the child is to be adopted either by each person named above or by any other such person as may be chosen by the (insert name of designated licensed child-placing agency) or the Department of Human Resources and I do expressly waive any other notice or service in any of the legal proceedings for the adoption of the child.
Furthermore, I understand that under Georgia law the Department of Human Re aourcca an agent appointed by the court is required to conduct an investigation and render a report to the court in connection with the legal proceeding for the legal adoption of the child and I hereby agree to cooperate fully with such department agent in the conduct of its- this investigation.
Furthermore, I hereby certify that I have received a copy of this document and that I understand I may only withdraw this surrender by giving written notice, delivered in person or mailed by registered mail, to (insert name and address of agent of each person to whom surrender is made) within ten days from the date hereof; that the ten days shall be counted consecutively beginning with the day immediately following the date hereof^; however, if the tenth day falls on a Saturday, Sunday, or legal holiday then the last day on which the surrender may be withdrawn shall be the next day that is not a Saturday, Sunday, or legal holiday; and I understand that it may NOT be withdrawn thereafter.
Furthermore, I hereby certify that I have not been subjected to any duress or undue pressure in the execution of this surrender document and do so freely and voluntarily.

556

JOURNAL OF THE HOUSE

Witness my hand and seal this ____ day of.

_________(SEAL) (Parent or guardian)

Unofficial witness
Sworn to and subscribed before me this day of

Notary public (SEAL)

My commission expires

___.

(d) The surrender of rights by a biological an alleged biological father who is not the legal father of the child pursuant to paragraph (2) of subsection (e) of Code Section 198-4, 19-8-5, 19-8-6, or 19-8-7 shall conform substantially to the following form:

SURRENDER OF RIGHTS FINAL RELEASE FOR ADOPTION

NOTICE TO ALLEGED BIOLOGICAL FATHER:

This is an important legal document and by signing it you are surrendering all of your right, title, and claim to the child identified herein, so as to facilitate the child's placement for adoption. You are to receive a copy of this document and as explained below have the right to withdraw your surrender within ten days from the date you sign it.

I, the undersigned, alleged biological father of a (male) (female) child, born (insert name of child) to (insert name of mother) on (insert birthdate of child), being solicitous that said child should receive the benefits and advantages of a good home, to the end that (she) (he) may be fitted for the requirements of life, consent to this surrender.
I, the undersigned, do hereby surrender the child, te (inacrt name of each person to whom aurrcndcr is made), PROVIDED each auch person ia named oo petitioner in a petition for adoption of the child filed in accordance with Chapter 8 of Title 10 of the Official Code of Georgia Annotated within 60 daya from the date hereof. Fur thcrmorc, I promise not to interfere in the management of the child in any respect whatever; and, in consideration of the bcncfita guaranteed by (inacrt name of each person to whom aurrcndcr ia made) in thuo providing for the child provided to the child through adoption, I do relinquish all right, title, and claim to the child herein named, it being my wish, intent, and purpose to relinquish absolutely all control over the child.
It is alao my wiah, intent, and purpoac that if each auch person ia not named as pc titionor in a petition for adoption filed aa provided for above within the 60 day pc riod, other than for excusable neglect, then I do hereby surrender the child to the

MONDAY, FEBRUARY 15, 1999

557

Department of Human Resourced for placement for adoption; and the Department of Human Resources may petition the superior court for custody of the child in accordance with the terms of thio aurrcndcr.
Furthermore, I hereby agree that the child is to be adopted cither by each pcraon named above or by any other person as may be chosen by the Department of Human Resources and I do expressly waive any other notice or service in any of the legal proceedings for the adoption of the child.
Furthermore, I understand that under Georgia law the Department of Human RcaourccB an agent appointed by the court is required to conduct an investigation and render a report to the court in connection with the legal proceeding for the legal adoption of the child and I hereby agree to cooperate fully with the department agent appointed by the court in the conduct of its this investigation.
Furthermore, I hereby certify that I have received a copy of this document and that I understand I may only withdraw this surrender by giving written notice, delivered in person or mailed by registered mail, to (insert name and address of child-placing agency representative, Department of Human Resources representative, person to whom surrender is made, or petitioner's representative, as appropriate) within ten days from the date hereof; that the ten days shall be counted consecutively beginning with the day immediately following the date hereof;; however, if the tenth day falls on a Saturday, Sunday, or legal holiday then the last day on which the surrender may be withdrawn shall be the next day that is not a Saturday, Sunday, or legal holiday; and I understand that it may NOT be withdrawn thereafter.
Furthermore, I hereby certify that I have not been subjected to any duress or undue pressure in the execution of this surrender document and do so freely and voluntarily.
Witness my hand and seal this ____ day of _
________(SEAL) ed (Biological father)

Unofficial witness
Sworn to and subscribed before me this day of

Notary public (SEAL)

My commission expires

."

"(i) The aurrcndcr of rights by a biological father who ia not the legal father of the child pursuant to paragraph (2) of subsection (c) of Code Section 10-8-6 or 10-8-7 shall conform substantially to the following form:

SURRENDER OF RIGHTS FINAL RELEASE FOR ADOPTION

NOTICE TO BIOLOGICAL FATHER:

558

JOURNAL OF THE HOUSE

This ia on important legal document and by signing it you arc surrendering all of your right, title, and claim to the child identified heroin, so aa to facilitate the child's placement for adoption. You arc to receive a copy of thia document and aa explained below have the right to withdraw your aurrcndcr within ten daya from the date you aign it.

I, the undersigned, biological father of a (male) (female) child, born(inscrt name of child) to (insert name of mother) on (insert birthdatc of child), being solicitous that aaid child should receive the benefits and advantagco of a good home, to the end that (she) (he) may bo fitted for the requirements of life, consent to this aurrcndcr.

I, the undcraigncd, do hereby surrender tho child to (insert name of each person to whom aurrcndcr ia made), and promise not to interfere in the management of the child in any respect whatever; and, in consideration of the benefits guaranteed by (inacrt name of each person to whom surrender ia made) in thus providing for the child, I do relinquish all right, title, and claim to tho child herein named, it being my wish, intent, and purpose to relinquish absolutely all control over the child.

Furthermore, I hereby agree that (inacrt name of each person to whom aurrcndcr ia made) may initiate legal proceedings for the legal adoption of the child, without further notice to me. I do, furthermore, expressly waive any other notice or service in any of the legal proceedings for the adoption of the child.

Furthermore, I understand that under Georgia law the Department of Human Resources may bo required to conduct an investigation and render a report to the court in connection with the legal proceeding for the legal adoption of the child and I hereby agree te cooperate fully with the department in the conduct of its investigation.

Furthermore, I hereby certify that I have received a copy of this document and that I understand I may only withdraw thia aurrcndcr by giving written notice, delivered in person or mailed by registered mail, to (insert name and addrcB3 of each person to whom aurrcndcr is made) within ten days from the date hereof; that tho ten daya ahall be counted consecutively beginning with the day immediately following the date hereof, however, if the tenth day falla on a Saturday, Sunday, or legal holiday then the laat day on which the surrender may be withdrawn shall be the next day that is not a Saturday, Sunday, or legal holiday; and I understand that it may NOT bo withdrawn thereafter.

Furthermore, I hereby certify that I have not been oubjcctcd to any durcaa or undue pressure in the execution of thia aurrcndcr document and do BO freely and voluntarily.

Witness my hand and acal this

day of

(SEAL) (Biological father)

Unofficial witncas

Notary public Reserved."

MONDAY, FEBRUARY 15, 1999

559

"(h) The affidavit of a legal mother required by subsection (g) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall meet the following requirements:
(1) The affidavit shall set forth:
(A) Her name;
(B) Her relationship to the child;
(C) Her age;
(D) Her marital status;
(E) The identity and last known address of any spouse or former spouse;
(F) The identity, last known address, and relationship to the mother of the biological father te of her child, provided that the mother shall have the right not to disclose the name and address of the biological father of her child should she so desire;
(G) Whether or not the biological father of the child has lived with the child, contributed to its support, provided for the mother's support (including or medical care) during her pregnancy or during her hospitalization for the birth of the child, or made an attempt to legitimate the child; and
(H) All financial assistance received by or promised her either directly or indirectly, from whatever source, in connection with her pregnancy, the birth of the child, or the placement or arranging for the placement of the child for adoption (including the date, amount or value, description, payor, and payee), provided that financial assistance provided directly by the mother's husband, mother, father, sister, brother, aunt, uncle, grandfather, or grandmother need not be detailed and instead the mother need only state the nature of the assistance received; and
(2) The affidavit shall conform substantially to the following form:
MOTHER'S AFFIDAVIT
NOTICE TO MOTHER:
This is an important legal document which deals with your child's right to have its father's rights properly determined. You have the right not to diaeloac the name and address of the biological father of your child; however, should you decline to provide such information, If you decline to disclose the name and address of the biological father of your child, understand that you may be required to appear in court to explain your refusal ef and that your name may be used in connection with the publication of notice to the biological father. Understand that you are providing this affidavit under oath and that the information provided will be held in strict confidence and will be used only in connection with the adoption of your child.
STATE OF GEORGIA
COUNTY OF _____
Personally appeared before me, the undersigned officer duly authorized to administer oaths, _______________, who, after having been sworn, deposes and says as follows:
That my name is _______________.
That I am the mother of a (male) (female) child born (insert name of child) in the State of _____, County of _____ on (insert birthdate of child).
That I am _______ years of age, having been born in the State of _____, County of _____ on _________.
That my social security account number is ___________.

560

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That my marital status is at the time of the conception of my child was (check the status and complete the appropriate information):
( ) Single, never having been married.
( ) Separated but not legally divorced; the name of my spouse is _______________; his last known address is _______________; we were married in the State of _____, County of _____ on _____; we have been separated since _________; we last had sexual relations on

( ) Divorced; the name of my previous spouse is _______________; we were married in the State of _____, County of _____ on _____; his last known address is _________; divorce granted in the State of ______, County of _____ on _________.

( ) Legally married; the name of my spouse is (was)(is) _________; we were married in the State of _____, County of _____ on _________; and his last known address is _________.

( ) Married through common-law marriage relationship prior to January 1,

1997; the name of my spouse is (was) (is) ____________; his last known

address is _________; the date and place our relationship began in the

State of

, County of

on

(inacrt date, county, atate).

( ) Widowed; the name of my deceased spouse is was _______________; we were married in the State of _____, County of
____; and he died on _____ in the County of _____, State of.

That my name and marital status at the time of the birth of my child was (check the status and complete the appropriate information):

Name

( ) Single, never having been married.

( ) Separated, but not legally divorced; the name of my spouse (was) (is)

;____his____last____known____address____is

; we were married in the State of

, County of

on

; we

have been separated since

; we last had sexual relations

on

( ) Divorced; the name of my former spouse is

ried in the State of ______________, County of

: his last known address is

vorce granted in the State of

. County of

; we were mar: di-

( ) Legally Married; the name of my spouse (was) (is)

we were married in the State of

on

on

known address is

, County of ; and his last

( ) Married through common-law relationship prior to January 1, 1997; the

name of my spouse (was)(is)

; his last known address is

; our relationship began in the State of

, County

of

on

( ) Widowed; the name of my deceased spouse was

; we were

married in the State of

, County of

on

;

and he died on _________ in the County of _________, State of

That the name and Inat known address of the biological father of my child is (complete appropriate response):

MONDAY, FEBRUARY 15, 1999

561

Known to me and is ( insert name______);

Known to me but I expressly decline to identify him or provide hia addrcaa because _____________________; or

Unknown to me because

(explain in detail)

That the last known address of the biological father of my child is (complete appropriate response):
Known to me and is (insert last known address);
Known to me but I expressly decline to provide his address because ; or
Unknown to me because

That, to the best of my knowledge, I (am) (am not) of American Indian heritage. If so:

(A) The name of my American Indian tribe is

age of my American Indian blood is

percent.

and the percent-

(B) My relatives with American Indian blood are: _________________.

(C) I (am) (am not) a member of an American Indian tribe. If so, the name of the tribe is

(D) I (am) (am not) registered with an American Indian tribal registry. If so,

the American Indian tribal registry is:

and my regis-

tration or identification number is:

(E) A member of my family (is) (is not) a member of an American Indian tribe. If so, the name of each such family member is: and the name of the corresponding American Indian tribe is:

(F) A member of my family (is) (is not) registered with an American Indian tribal registry. If so, the name of each such family member is:
and the name of the corresponding American Indian tribal registry is: and their corresponding registration or identification numbers

That to the best of my knowledge, the biological father (is) (is not) of American Indian heritage. If so:

(A) The name of his American Indian tribe is

age of his American Indian blood is

percent.

and the percent-

(B) His relatives with American Indian blood are: ________________.

(C) He (is) (is not) a member of an American Indian tribe. If so, the name of the tribe is:

(D) He (is) (is not) registered with an American Indian tribal registry. If so, the American Indian tribal registry is:

and his registration or identification number is:
That the date of birth of the biological father (was 19 __) or (is not known to me).

562

JOURNAL OF THE HOUSE

That the biological father (is) (is not) on active duty in a branch of the United States armed forces. If so:
(A) The branch of his service is (Army) (Navy) (Marine) (Air Force) (Coast Guard).
(B) His rank is ______.
(C) His duty station is
If applicable, please provide any additional available information regarding his military service.

That the child's biological father of my child, whether or not identified herein (strike each inappropriate phrase):
(Was) (Was not) married to me at the time the this child was conceived or was born, and hia paternity (haa) (hna not) been disproved by a final paternity or^ dor of a court;
c(hWilda!s--) --(W--a--s--n--o--t) --m--a--rr--ie--d--to----m--e --a--t --an--y--t--im--e--d--u--ri--ng my p--re--gn--an--cy--w--i--th--t--hi--s
(Was) (Was not) married to me at the time that this child was born;
(Did) (Did not) marry me after the child was born and recognize the child as his own, and hia paternity (haa) (has not) been disproved by a final paternity order of a court;
(Has) (Has not) been determined to be the child's father by a final paternity order of a court; aael
(Has) (Has not) legitimated the child by a final court order:;
That the biological father of my child (strike the inappropriate phrase):
(Has) (Has not) lived with the child;
(Has) (Has not) contributed to its support;
(Has) (Has not) provided for my support (including medical care) during my pregnancy or hospitalization for the birth of the child; aftd
(Has) (Has not) provided for my medical care during my pregnancy or hospitalization for the birth of the child; and
(Has) (Has not) made any attempt to legitimate the child.
That I have received or been promised the following financial assistance, either directly or indirectly, from whatever source, in connection with my pregnancy, the birth of my child, and its placement for adoption:

That I recognize that if I knowingly and willfully make a false statement in this affidavit, I will be guilty of the crime of false swearing.

Sworn to and subscribed before me this _____ day of _________, __.
Notary public (SEAL) My Commission Expires

(Mother) (Biological Mother's Signature)

MONDAY, FEBRUARY 15, 1999

563

SECTION 11.
(a) This Act shall become effective on July 1, 1999.
(b) The provisions of this Act shall apply to petitions for adoption filed on or after July 1, 1999, except that each surrender of rights filed pursuant to a petition filed on or after July 1, 1999, shall be effective if such surrender of rights complies with the provisions of law in effect on the date of the execution of such surrender of rights.

SECTION 12. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon
Bordeaux Borders Y Bridges Y Brooks Y Brown Y Buck
Y Buckner
Y Bulloch Bunn Burkhalter
Y Byrd Y Callaway
Y Campbell Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B
Coleman, T
Connell Y Cooper Y Cox Y Crawford
Y Cummings
Y Davis, M

Y Davis, T Y Day
Y Dean
Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps N Evans N Everett Y Felton Y Floyd N Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens
Y Hudson, H Y Hudson, N

Y Hugley Y Irvin N Jackson, B Y Jackson, L
James
N Jamieson
Y Jenkins Y Jennings Y Jones N Joyce N Kaye Y Lane Y Lewis Y Lord Y Lucas
Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L N Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal
Orrock N Parham
Y Parrish
Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder
Porter
Y Powell Y Purcell Y Ragas
Randall Ray E Reaves Y Reece Y Reed N Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett E Scheid Y Scott Y Shanahan
Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W N Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P
Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper
Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West N Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix N Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 146, nays 15.
The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 82. By Representatives Birdsong of the 123rd, Reaves of the 178th, Royal of the
164th, Skipper of the 137th and Walker of the 141st:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of electricity for the operation of an

564

JOURNAL OF THE HOUSE

irrigation system which is used on a farm exclusively for the irrigation of farm crops.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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

Y Alien Y Anderson Y Ashe Y Bailey
Bannister Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon
Bordeaux
Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn
Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T
Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene i Grindley Y Hammontree
Manner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning
Martin, J Y Martin, J.L Y Massey
McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y OTSTeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall Ray E Reaves Y Reece Y Reed
Y Reese
Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid Y Scott Y Shanahan
Shaw
Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W
Smith, L

Y Smith, L.R Y Smith, P
Smith, T Y Smith, V Y Smyre
Y Snelling
Y Snow Y Squires Y Stallings Y Stancil
Stanley, P
Stanley-Turner Y Stephens
Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 110. By Representatives Mosley of the 171st, Scarlett of the 174th and Byrd of the 170th:
A bill to amend Code Section 16-11-130 of the Official Code of Georgia Anno tated, relating to exemptions from criminal prohibitions against carrying weapons in certain manners or certain places, so as to provide an exemption for certain retired district attorneys.
The following Committee substitute was read:

MONDAY, FEBRUARY 15, 1999

565

A BILL
To amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from criminal prohibitions against carrying weapons in certain manners or certain places, so as to provide an exemption for certain retired district attorneys; to provide an exemption for certain retired state trial and appellate judges; 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 criminal prohibitions against carrying weapons in certain manners or certain places, is amended by striking paragraph (5) of subsection (a) and inserting in its place a new paragraph (5) to read as follows:
"(5) District attorneys, investigators employed by and assigned to a district attor ney's office, assistant district attorneys, ana district attorneys emeritus, and former district attorneys retired from that office under state retirement;"
SECTION 2. Said Code section is further amended by striking paragraph (12) of subsection (a) and inserting in its place a new paragraph (12) to read as follows:
"(12) State and federal trial and appellate judges, and full-time judges of municipal and city courtST, and former state trial and appellate judges retired from their re spective offices under state retirement;"
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 110 as follows:
Page 1 delete on lines 20 & 21

"retired from that office under state retirement" and delete on lines 28 & 29

"retired from their respective offices under state retirement"

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

Alien Anderson Ashe Bailey Bannister Barnard Barnes Benefield N Birdsong Y Bohannon Bordeaux Borders

Y Bridges N Brooks
Y Brown N Buck N Buckner N Bulloch Y Bunn
Burkhalter
N Byrd Y Callaway Y Campbell Y Cash

Y Channell N Childers Y Clark Y Coan Y Coleman, B
Coleman, T Connell Y Cooper Y Cox Y Crawford N Cummings Y Davis, M

N Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix
Dixon N Dodson
Dukes Y Ehrhart N Epps Y Evans

Y Everett Y Felton N Floyd Y Franklin Y Golick Y Graves N Greene Y Grindley Y Hammontree
Hanner Harbin N Harrell

566
N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings Y Jones Y Joyce Y Kaye N Lane

JOURNAL OF THE HOUSE

Y Lewis N Lord N Lucas
N Maddox Y Mann
Y Manning Martin, J
Y Martin, J.L Y Massey N McBee Y McCall N McClinton
N McKinney
Y Millar Y Mills N Mobley N Morris N Mosley Y Mueller
N CXNeal
N Orrock N Parham N Parrish N Parsons

N Pelote
Y Pinholster N Poag
Ponder
N Porter N Powell N Purcell N Ragas
Randall N Ray E Reaves
N Reece N Reed Y Reese Y Reichert Y Rice Y Richardson N Roberts N Rogers N Royal Y Sanders
N Sauder Y Scarlett E Scheid

Y Scott N Shanahan
Shaw N Shipp N Sholar N Sims
Sinkfield
N Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L Y Smith, L.R N Smith, P N Smith, T Y Smith, V
N Smyre Y Snelling
N Snow N Squires N Stallings Y Stancil N Stanley, P
Stanley-Turner

Y Stephens
N Stokes
N Stuckey
N Taylor N Teague
N Teper N Tillman Y Tolbert
Y Trense N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland N Whitaker
Y Wiles Y Williams, J N Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 69, nays 91.

The amendment was lost.

The Committee substitute was adopted.

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

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

Y Alien Y Anderson Y Ashe
Y Bailey Y Bannister Y Barnard
Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux
Borders
Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn
Burkhalter
Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T
Connell

Y Cooper
Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd
Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Manner
Y Harbin Y Harrell Y Heard Y Heckstall

Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning
Martin, J Y Martin, J.L Y Massey

Y McBee Y McCall
Y McClinton
Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag
Ponder
Y Porter Y Powell Y Purcell Y Ragas
Randall
Y Ray E Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice

Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid Y Scott Y Shanahan
Shaw
Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P

MONDAY, FEBRUARY 15, 1999

Stanley-Turner Stephens Stokes Stuckey Taylor

Y Teague Y Teper Y Tillman Y Tolbert Y Trense

Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L

Watson West Westmoreland Whitaker Wiles

567
Williams, J Williams, R Wix Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 168, nays 0.

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

Representative Jamieson of the 22nd gave notice that at the proper time she would move that the House reconsider its action in giving the requisite constitutional majority to HB 218.

The Speaker assumed the Chair.
HB 249. By Representative Campbell of the 42nd:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to change the provisions relating to the offense of rape.

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

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

N Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges N Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn
Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell
Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree
Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis
Y Lord N Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McCHnton N McKinney
Y Millar Y Mills
Mobley
Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder
Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray E Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid Y Scott
Y Shanahan Shaw
Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P
Stanley-Turner Y Stephen j Y Stokes Y Stuckey Y Taylor N Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 166, nays 5.

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The Bill, having received the requisite constitutional majority, was passed.
HB 295. By Representatives Childers of the 13th, Williams of the 114th, Jones of the 71st, Jackson of the 148th, Sauder of the 29th and others:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Anno tated, relating to the regulation of the practice of dentistry, so as to change the provisions relating to definitions; to change the eligibility requirements for members of the Georgia Board of Dentistry.
The following Committee substitute was read and adopted:

A BILL
To amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of the practice of dentistry, so as to change the provisions relating to defi nitions; to change the eligibility requirements for members of the Georgia Board of Den tistry; to add the feminine pronoun in certain provisions which presently include only the masculine pronoun; to change the powers of said board; to change the provisions re lating to a census by the board and posting of certain names; to change the provisions relating to service of decisions, orders, or subpoenas; to change the provisions relating to punishment for contempt; to provide for training clinics and affiliated sites, for activities of certain students, and for charges for student services; to provide for clinical licensure examinations and the conduct and eligibility therefor; to change the provisions relating to certain exceptions to applicability; to change the provisions regarding the licensing of certain persons licensed in other states and costs of and qualifications for teachers' and instructors' licenses; to provide for powers, responsibilities, and requirements of dentists regarding dental treatment, dental practice, and other matters relating thereto; to pro vide for rules and regulations; to change the provisions regarding sanctions and discipli nary actions by said board; to provide for investigations and the examination of physical premises of dental practices; to change the provisions relating to penalties and continu ing education; to change the provisions relating to applicability; to provide for an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to the regula tion of the practice of dentistry, is amended by striking in its entirety Code Section 4311-1, relating to definitions, and inserting in lieu thereof a new Code Section 43-11-1 to read as follows:
"43-11-1.
As used in this chapter, the term:
(1) 'Accredited dental college' and 'accredited dental school,' or 'accredited school of dentistry' mean a dental school, college, or university accredited by the Commission on Dental Accreditation of the American Dental Association or its successor agency.
(2) 'Accredited dental hygiene school' means a dental hygiene school or college ac credited by the Commission on Dental Accreditation of the American Dental Associ ation or its successor agency.
flX3) 'Board' means the Georgia Board of Dentistry.

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(3X4) 'Conscious sedation' means a depressed level of consciousness, produced by a pharmacologic agent, which retains the patient's ability to maintain independently and continuously an airway and appropriately respond to physical stimulation and verbal command. The use of nitrous oxide as the only systemic sedative is not con sidered conscious sedation for purposes of this chapter.
(5) 'Dentistry' means the evaluation, diagnosis, prevention, or treatment, or any combination thereof, whether using surgical or nonsurgical procedures, of diseases, disorders, or conditions, or any combination thereof, of the oral cavity, maxillofacial area, or the adjacent and associated structures, or any combination thereof, and their impact on the human body provided by a dentist, within the scope of his or her education, training, and experience, in accordance with the ethics of the profession and applicable law, including, but not limited to, the acts specified in Code Section 43-11-17.
(3X6) 'General anesthesia' means a controlled state of depressed consciousness, pro duced by a pharmacologic agent, which is accompanied by partial or complete loss of protective reflexes, including the inability to maintain independently an airway or respond purposefully to physical stimulation or verbal command. For purposes of this chapter, 'general anesthesia' includes deep sedation.
(7) 'Instructor' means either a dentist holding a dental license from another state or a dental hygienist holding a dental hygienist license from another state who has graduated from a school or college accredited by the Commission on Dental Accredi tation of the American Dental Association or its successor agency and whom the state board has granted instructor status for the sole purpose of teaching or in structing in a training clinic or an accredited dental college or dental hygiene school in this state those procedures and services recognized in this state to be within the scope of practice of such person's license.
(8) 'Licensed dental hygienist' means a dental hygienist licensed and in good stand ing in this state pursuant to this chapter.
(9) 'Licensed dentist' means a dentist licensed and in good standing in this state pursuant to this chapter.
(10) 'Training clinic' means a clinic operated as a nonprofit facility by an accredited dental college or dental hygiene school primarily to train students of such college or school."
SECTION 2.
Said chapter is further amended by striking in its entirety Code Section 43-11-2, relat ing to the creation and composition of the board, qualifications and voting rights of members, terms of office, vacancies, and enjoining violations, and inserting in lieu thereof a new Code Section 43-11-2 to read as follows:
"43-11-2.

(a) A board to be known as the Georgia Board of Dentistry is created. The board shall consist of 11 members to be appointed and commissioned by the Governor as provided in subsection (b) of this Code section.
(b)(l) Nine members of the board shall be dentists and shall be appointed as fol lows: The members of the board who are dentists serving on July 1, 1981, shall con tinue to serve out their respective terms of office. As each such member's term of office subsequently expires, the Governor shall appoint a new member who shall be a practicing dentist licensed by this state. The Georgia Dental Association may, at

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each annual meeting, nominate four reputable practicing dentists for each expired or next expiring board member's term; and, from each group of four dentists so nom inated, the Governor may appoint one as the new member of said board.
(2) One member of the board shall be a dental hygienist who is not a dentist, who is a resident of this state, and who is a practicing dental hygienist in this state and shall be appointed by the Governor. No one shall be eligible as a dental hygienist member of the board unless he or she is a citizen of this state and has lawfully practiced as a dental hygienist for five or more years at the time of his or her ap pointment and is not financially interested in, nor connected with, any dental col lege or dental hygiene school. If such a member ceases to be a resident of this state or ceases practicing in this state, that position on the board shall be deemed va cated. The Georgia Dental Hygienists Association may nominate four reputable den tal hygienists who are not dentists for each expired or expiring term; and, from each group of four dental hygienists so nominated, the Governor may appoint one as the new member of the board.
(3) One member of the board shall be a citizen of this state who is not a dentist or a dental hygienist and shall be appointed by the Governor.
(4) Except as otherwise provided in paragraphs (6) and (7) of this subsection, the term of office of each member of the board shall be for five years and until the ap pointment and qualification of a successor.
(5) Each vacancy on the board shall be filled by the Governor for the unexpired term in the same manner as the original appointment.
(6) The term of the initial member appointed pursuant to paragraph (2) of this sub section shall be for a term of two years beginning July 1, 1978, and ending June 30, 1980.
(7) The term of the initial member appointed pursuant to paragraph (3) of this sub section shall be for a term of four years beginning July 1, 1978, and ending June 30, 1982.
(c) No one shall be eligible as a dentist member of the board unless he or she is a citi zen of this state and has lawfully engaged in the practice of dentistry for five or more years at the time of his or her appointment and is not financially interested in, nor connected with, any dental college.
(d)(l) The dental hygienist member of the board may vote only on matters relating to dental hygiene, administration, and policy which do not directly relate to practi cal or scientific examination of dentists for licensing in this state.
(2) The citizen member of the board who is not a dentist or dental hygienist may vote only on matters relating to administration and policy which do not directly re late to practical and scientific examination of dentists and dental hygienists for li censing in this state.
(e) The board may bring an action to enjoin any person, firm, er partnership, corpora tion, or other entity who without being licensed or registered to do so by the board en gages in or practices the profession of dentistry. The proceeding shall be filed in the county in which such person resides or, in the case of a firm, partnership, or corpora tion, or other entity where the firm, partnership, e? corporation, or other entity main tains its principal office. Unless it shall be made to appear that such person, firm, w partnership, corporation, or other entity so engaging in or practicing dentistry is li censed or registered, the injunction shall be issued, and such person, firm, or partner-

MONDAY, FEBRUARY 15, 1999

571

ship, corporation, or other entity shall be perpetually enjoined from such activities throughout the state. It shall not be necessary in order to obtain the equitable relief provided in this subsection that the board allege and prove that there is no adequate remedy at law. It is declared that such unlicensed activities as are mentioned in this Code section chapter are a menace and a nuisance dangerous to the public health, safety, and welfare."
SECTION 3.
Said chapter is further amended by striking in its entirety Code Section 43-11-5, relat ing to the duty of members to notify joint-secretary of address, and inserting in lieu thereof a new Code Section 43-11-5 to read as follows:
"43-11-5.

Each member of the board, upon the receipt of his or her commission, shall file with the joint-secretary his or her post office address and thereafter a notice of any change therein. Any notice mailed to such address by the joint-secretary shall be deemed to comply with the requirements of this chapter as notice to him or her."
SECTION 4.
Said chapter is further amended by striking in its entirety Code Section 43-11-7, relat ing to the powers and duties of board, and inserting in lieu thereof a new Code Section 43-11-7 to read as follows:
"43-11-7.

The board shall perform such duties and possess and exercise such powers, relative to the protection of the public health and the control and regulation of the practice of dentistry as this chapter prescribes and confers upon it. The board shall have the power and authority to promulgate rules and regulations to carry out the performance of its duties as set forth in this chapter."
SECTION 5.
Said chapter is further amended by striking in its entirety Code Section 43-11-11, relat ing to the census of practicing dentists and publication of names, and inserting in lieu thereof a new Code Section 43-11-11 to read as follows:
"43-11-11.

The board may, from time to time, through its members or other suitable persons, take a census of all practicing dentists and dental hygienists of any locality, city, or county in the state when it may consider it necessary for the purpose of carrying out this chapter; the board may at any time cause the names of all regularly licensed den tists and dental hygienists in any locality, city, or county to be posted or published; and the board is authorized to pay for taking such census and posting or publishing such names."
SECTION 6.
Said chapter is further amended by striking in its entirety Code Section 43-11-12, relat ing to public inspection of board records, copies of records as evidence, and certification of copies, and inserting in lieu thereof a new Code Section 43-11-12 to read as follows:
"43-11-12.

It shall be the duty of the joint-secretary to keep at his or her office the minutes of the board, together with all the books and records of the board, which books and records shall, except as provided in subsection (k) of Code Section 43-1-2, be public records open to inspection by the public except on Sundays and legal holidays. A copy of all or

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any part of any record or book certified by the joint-secretary, with the seal of the board attached, shall be primary evidence in any court; and it shall be the duty of the joint-secretary to furnish to any person making application therefor a copy of any part or all of any record or book of the board upon the applicant's paying a fee prescribed by the joint-secretary. All of such copies shall be certified by the joint-secretary and be under the seal of the board."
SECTION 7.
Said chapter is further amended by striking subsection (a) of Code Section 43-11-13, re lating to service of orders and subpoenas of the board, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) It shall be the duty of the several sheriffs, their deputies, and the constables to serve any and all lawful orders and subpoenas of the board. The board may also ap point any other person to serve any decision, order, ad or subpoena of the board, which person's duty it shall be to execute the same."
SECTION 8.
Said chapter is further amended by striking in its entirety Code Section 43-11-14, relat ing to enforcement of orders and subpoenas of the board and contempt, and inserting in lieu thereof a new Code Section 43-11-14 to read as follows:
"43-11-14.

The board shall have the power to enforce any and all of its lawful orders or subpoe nas; to punish as for a contempt anyone obstructing or violating the same and shall also have the power to conduct any and all hearings before it in an orderly and legal manner; to punish anyone as for a contempt who may attempt to or who shall inter fere with or in any manner obstruct such hearing; and may also punish as for a con tempt any act of indecorum or discourtesy committed in the presence of the board when in session. The board may fine anyone an amount not exceeding $100.00 for a contempt and in default of the payment thereof may commit the offender to any com mon jail for not more than ten daya make application to any superior court having ju risdiction to confine the offender to jail for not more than ten days."
SECTION 9.
Said chapter is further amended by striking paragraph (7) of subsection (a) of Code Sec tion 43-11-17, relating to acts which constitute the practice of dentistry, and inserting in lieu thereof a new paragraph (7) to read as follows:
"(7) Undertakes to do or perform any physical evaluation of a patient in his or her office or in a hospital, clinic, or other medical or dental facility prior to, incident to, and appropriate to the performance of any dental services or oral or maxillofacial surgery;".
SECTION 10.
Said chapter is further amended by striking in its entirety Code Section 43-11-19, relat ing to compliance with chapter as prerequisite to collection of fees for services, and in serting in lieu thereof a new Code Section 43-11-19 to read as follows:
"43-11-19.

No person who practices dentistry in this state shall be entitled to collect any fee or reward for his or her services without first complying with this chapter."

MONDAY, FEBRUARY 15, 1999

573

SECTION 11.
Said chapter is further amended by striking in its entirety Code Section 43-11-20, relat ing to college clinics, and inserting in lieu thereof a new Code Section 43-11-20 to read as follows:
"43-11-20.

(a) Nothing in this chapter shall prohibit regularly chartered accredited dental col leges or dental departments of reputable colleges and universities from maintaining college on-campus training clinics and affiliated sites for the purpose of educational training of dental students approved by the board under the supervision of rcgiatcrcd dcmonatratora licensed dentists or instructors; nor shall this chapter prevent regularly licensed dental practitioners of other states and countries from giving clinics before any dental society or association of this state whose objects are the advancement and improvement of dentistry as a science.
(b) Nothing in this chapter shall prevent students of accredited dental colleges in this state from engaging in activities otherwise defined as the practice of dentistry, pro vided that said students work under the direct supervision and responsibility of a li censed dentist or instructor as a part of a training clinic; nor shall this chapter prevent students of accredited dental hygiene schools in this state from engaging in activities otherwise defined as the practice of dental hygiene, provided that said stu dents work under the direct supervision and responsibility of a licensed dentist or den tal hygienist as a part of an on-campus training clinic. Nothing in this chapter shall prevent regularly chartered and accredited dental said schools or colleges in thia atatc of dentistry or dental hygiene from establishing and collecting charges for services rendered by training students under the supervision of a licensed demonstrator den tist or instructor. These charges shall not exceed charges made by similar dental schools and colleges located within the United States.
(c) Nothing in this chapter shall be construed to prohibit the administration of a board approved clinical licensure examination as a prerequisite for licensure as a den tist or dental hygienist in this state. Nothing in this chapter shall prevent the con ducting of a Georgia clinical licensure examination by a board approved examiner who is licensed as a dentist or dental hygienist in another jurisdiction. Nothing in this chapter shall prevent the taking of a Georgia clinical licensure examination by an in dividual who is eligible to apply for licensure as a dentist or dental hygienist in this state."
SECTION 12.
Said chapter is further amended by striking subsection (a) of Code Section 43-11-21.1, relating to general anesthesia, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) No dentist shall administer general anesthesia on an outpatient basis unless such dentist has been issued a permit by the board under the conditions specified in this Code section. Such permit shall be subject to biennial renewal at the time the dentist is required to renew his or her license to practice dentistry. It shall be the responsibil ity of the dentist to provide such information as the board may require and to pay the separate initial issuance and renewal fees for the permit as may be established by the board."
SECTION 13.
Said chapter is further amended by striking in its entirety Code Section 43-11-22, relat ing to exceptions to application of chapter, and inserting in lieu thereof a new Code Sec tion 43-11-22 to read as follows:

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"43-11-22.

This chapter shall not apply to regularly licensed physicians licensed in this state in extracting teeth or performing surgical operations. This chapter also shall not apply to any person who extracts any exfoliating deciduous teeth."
SECTION 14.
Said chapter is further amended by striking in its entirety Code Section 43-11-42, relat ing to reciprocity, and inserting in lieu thereof a new Code Section 43-11-42 to read as follows:
"43-11-42.

(a) The board may issue, in its discretion, without examination, teachers' or instruc tors' licenses to dentists holding a dental license from another state and to dental hygienists holding a dental hygienist license from another state. A teacher's or instruc tor's license shall only be issued to a dentist or dental hygienist who has graduated from a school or college accredited by the Commission on Dental Accreditation of the American Dental Association or its successor agency, if any, for the sole purpose of teaching or demonstrating instructing, in a regularly licensed in an accredited dental college or training clinic or dental hygiene school in this state, those procedures and services recognized in this state to be within the scope of practice of such person's pro fessional license.
(b) The board may issue, in its discretion, without examination, a license to dentists for the sole purpose of practicing public health dentistry in an official state or a local health department or to render dental services to patients in state operated eleemosy nary or correctional institutions, provided that these dentists possess a license in an other state, are in good standing in said state, and have graduated from an accredited school of dentistry dental college. Such license shall be considered to be a temporary license which shall be valid for a period to be established by board rule.
(c) The cost of such teacher's, instructor's, or public health temporary license shall be established by the board.
(d) The board may also, in its discretion, enter into an agreement with any similar board of any other state to the effect that each party to such agreement, under the conditions therein stipulated, will grant licenses to practicing dentists on the basis of a license having been granted by the other party to the agreement.
(e) Any license issued under this Code section shall be subject to the disciplinary stan dards and procedures set forth in Code Section 43-11-47."
SECTION 15.
Said chapter is further amended by striking in its entirety Code Section 43-11-43, relat ing to fees, and inserting in lieu thereof a new Code Section 43-11-43 to read as follows:
"43-11-43.

Each person applying for examination for a license to practice dentistry shall, at the time of making his or her application, pay to the joint-secretary a fee to be set by the board. Each person applying for the renewal of a license or authority to practice den tistry or for the establishment of a license or authority that has been lost shall, at the time of making his or her application, pay to the joint-secretary a fee to be set by the board. Such fee shall cover the entire service for granting or issuing licenses to prac tice dentistry."

MONDAY, FEBRUARY 15, 1999

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SECTION 16.
Said chapter is further amended by inserting after Code Section 43-11-43 a new Code Section 43-11-44 to read as follows:
"43-11-44.

It is a matter of public interest that all decisions involving or affecting the clinical dental treatment of a patient shall be left to the sole discretion of the licensed dentist providing treatment to the patient. To ensure that the public interest is met, the fol lowing shall be required of all licensed dentists providing dental treatment to patients in this state:
(1) The licensed dentist shall be responsible for the method and manner of dental treatment provided to a patient;
(2) The licensed dentist shall determine the amount of fees and expenses charged to a patient for dental services rendered;
(3) The licensed dentist shall control the selection and retention of clinical person nel, such as dental hygienists and dental assistants, whose work must be directly supervised by the licensed dentist and for whose work the licensed dentist is profes sionally responsible; provided, however, that this provision shall not apply to a li censed dentist employed by an official state or local health department, state oper ated correctional institution, or hospital or teaching institution licensed by this state;
(4) The licensed dentist shall not enter into an agreement or arrangement whereby the dentist is compensated, directly or indirectly, for the referral of patients or the referral of dental services or supplies;
(5) The licensed dentist shall be responsible for the form and content of all public communications or advertisements of the dental practice; and
(6) The licensed dentist shall be responsible for keeping, maintaining, and permit ting access to patient treatment records by any person with a lawful right to ex amine such records.
The board shall be authorized to promulgate rules and regulations to supplement and ensure compliance with the requirements of this Code section."
SECTION 17.
Said chapter is further amended by striking in its entirety Code Section 43-11-47, relat ing to refusal to grant, or revocation of, licenses and disciplining licensees, and inserting in lieu thereof a new Code Section 43-11-47 to read as follows:
"43-11-47.

(a) The board shall have the authority to refuse to grant a license to an applicant or to revoke the license of a dentist licensed by the board or to discipline a dentist li censed under this chapter or any antecedent law upon a finding by a majority of the entire 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 issued by the board, pursuant to specific statutory authority; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he or she meets all the requirements for the issuance

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of a license, and, if the board is not satisfied as to the applicant's qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he or she so desires;
(2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of dentistry or on any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining a license to practice dentistry; or made a false statement or deceptive annual registration with the board;
(3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States; as used in this subsection, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony without regard to its designation elsewhere; and, as used in this subsection, the term 'conviction' shall in clude a finding or verdict of guilty or a plea of guilty, regardless of whether an ap peal of the conviction has been sought;
(4) Been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, where:
(A) A plea of nolo contendere was entered to the charge;
(B) First offender treatment without adjudication of guilt pursuant to the charge was granted; or
(C) An adjudication or sentence was otherwise withheld or not entered on the charge.
The plea of nolo contendere or the order entered pursuant to the provisions of Arti cle 3 of Chapter 8 of Title 42 or other first offender treatment shall be conclusive ev idence of arrest and sentencing for such crime;
(5) Had his or her license to practice dentistry revoked, suspended, or annulled by any lawful licensing dental authority other than the board; or had other disciplinary action taken against him or her by any lawful licensing dental authority other than the board; or was denied a license by any lawful licensing dental authority other than the board, pursuant to disciplinary proceedings; or was refused the renewal of a license by any lawful licensing dental authority other than the board, pursuant to disciplinary proceedings;
(6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious con duct or practice harmful to the public, which conduct or practice materially affects the fitness of the licensee or applicant to practice dentistry, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have re sulted in actual injury to any person or be directly related to the practice of den tistry but shows that the licensee or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness; unprofessional con duct shall also include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing dental practice;
(7) Engaged in the practice of dentistry as an employee of any individual not li censed to practice dentistry in this state or engaged in the practice of dentistry as an officer or employee of any corporation other than one organized and existing pur suant to Chapter 10 of Title 14, 'The Georgia Professional Association Act,' or Chap ter 7 of Title 14, the 'Georgia Professional Corporation Act,' or engaged in the prac tice of dentistry as an employee, manager, or member of any limited liability company organized and existing pursuant to Chapter 11 of Title 14 or a limited lia bility partnership pursuant to Chapter 8 of Title 14 other than one in which all

MONDAY, FEBRUARY 15, 1999

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members are licensed dentists and all professional services and professional judg ment decisions are delivered by and made by licensed dentists, except as a licensed dentist or an intern or resident of a hospital or teaching institution licensed by this state;
(8) U3cd any trade name or corporate name in connection with the practice of den tistry except aa authorized by this paragraph, provided that the board ahull be noti fied in writing of the intended uac of a trade name or corporate name; the party submitting aueh name shall be notified in writing within 00 daya after aubmiaaion as to the approval or rejection of the proposed name; if the proposed name ia re jected, the party submitting aamc shall have 15 days from receipt of notice of the re jection to aubmit a new proposal or to appear before the board; the board shall have the authority to reject, in ita diaerction, and without a hearing in accordance with Chapter 13 of Title 60, the 'Georgia Administrative Procedure Act,' any propoood name which ia mialcading to the public or eonfuaingly similar to other namca having been approved by the board; the board ahall not reject any proposed name without reasonable cauac; the fact that the name to be uocd is not the name of the party or partica giving notice shall not be grounds to reject the propoacd name; no name re jcctcd for any party shall be approved for any other party without reasonable eauac; and the board ahall be authorized to promulgate rulca and regulations to carry out the purposes of this paragraph Reserved;
(9) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee whose license has been sus pended or revoked by the board to practice dentistry or to practice outside the scope of any disciplinary limitation placed upon the licensee by the board;
(10) Violated a statute, law, or any rule or regulation of this state, any other state, the board, the United States, or any other lawful authority (without regard to whether the violation is criminally punishable), which statute, law, or rule or regu lation relates to or in part regulates the practice of dentistry, when the licensee or applicant knows or should know that such action is violative of such statute, law, or rule; or violated a lawful order of the board previously entered by the board in a dis ciplinary hearing, consent decree, or license reinstatement;
(11) Been adjudged mentally incompetent by a court of competent jurisdiction within or without outside this state; any such adjudication shall automatically sus pend 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;
(12) Displayed an inability to practice dentistry with reasonable skill and safety to patients or has become unable to practice dentistry with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition, or by rea son of displaying habitual intoxication, addiction to, or recurrent personal misuse of alcohol, drugs, narcotics, chemicals, or any other type of similar substances. In en forcing 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. Every person who shall accept the privilege of practicing dentistry in this state, or shall file an application for a license to practice dentistry in this state, shall be deemed to have given that person's consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the re sults 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 exam ination when properly directed to do so by the board, unless such failure is due to

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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 dentistry under this subsection shall at reasonable inter vals be afforded an opportunity to demonstrate to the board that such person can resume or begin the practice of dentistry with reasonable skill and safety to patients;
(13) Reserved;
(14) Engaged in the excessive prescribing or administering of drugs or treatment or the use of diagnostic procedures which are detrimental to the patient as determined by the customary practice and standards of the local community of licensees; or knowingly prescribed controlled drug substances or any other medication without a legitimate dental purpose; or knowingly overprescribed controlled drug substances or other medication, in light of the condition of the patient at the time of prescrip tion; or
(15) Knowingly made any fraudulent, misleading, or deceptive statement in any form of advertising or made any statement in any advertisement concerning the quality of the dental services rendered by that dentist or any dentist associated with him or her. For purposes of this paragraph, 'advertising1 shall include any informa tion communicated in a manner designated to attract public attention to the prac tice of the licensee.
(b) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' with respect to emergency action by the board and summary suspension of a li cense are adopted and incorporated by reference into this chapter.
(c) For purposes of this Code section, the board may obtain, and is authorized to sub poena, upon reasonable grounds, any and all records relating to the mental or physical condition of a licensee or applicant, and such records shall be admissible in any hear ing before the board.
(d) 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 sec tion, the board may take any one or more of the following actions:
(1) Refuse to grant or renew a license to an applicant;
(2) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee;
(3) Suspend any license for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license;
(4) Limit or restrict any license as the board deems necessary for the protection of the public;
(5) Revoke any license; or
(6) Condition the penalty upon, or withhold formal disposition pending, the appli cant's or licensee's submission to such care, counseling, or treatment as the board may direct.
(e) In addition to and in conjunction with the actions described in subsection (d) of this Code section, 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

MONDAY, FEBRUARY 15, 1999

579

penalty but suspend enforcement thereof and place the licensee on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose.
(f) Initial judicial review of a final decision of the board shall be had solely in the su perior court of the county of domicile of the board.

(g) In its discretion, the board may reinstate a license which has been revoked or is sue a license which has been denied or refused, following such procedures as the board may prescribe by rule; and, as a condition thereof, it may impose any disciplinary or corrective method provided in this chapter.
(h)(l) The joint-secretary 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 may deem necessary or proper for the enforcement of the provi sions 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 relating to the fitness of any licensee or applicant. The joint-secretary or his or her appointed representative may issue subpoenas to compel such access upon a determination that reasonable grounds exist for the belief that a violation of this chapter or any other law relating to the practice of dentistry may have taken place. Upon approval of the board, any person properly conducting an investigation on be half of the board shall have access to and shall have the right to examine the physi cal premises of a dental practice.
(2) The results of all investigations initiated by the board shall be reported solely to the board, and the records of such investigations shall be kept for the board by the joint-secretary, with the board retaining the right to have access at any time to such records. No part of any such records shall be released, except to the board, for any purpose other than a hearing before the board, nor shall such records be subject to subpoena; provided, however, that the board shall be authorized to release such records to another enforcement agency or lawful licensing authority.
(3) All records relating to any patient of a licensee who is the subject of a board in quiry shall be admissible at any hearing held to determine whether a violation of this chapter has taken place, regardless of any statutory privilege; provided, how ever, that any documentary evidence relating to a patient shall be reviewed in cam era and shall not be disclosed to the public.

(4) The board shall have the authority to exclude all persons during its delibera tions on disciplinary proceedings and to discuss any disciplinary matter in private with a licensee or applicant and the legal counsel of that licensee or applicant.
(i) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting or investigating the acts or omissions of a licensee or applicant which violate the provisions of subsection (a) of this Code sec tion or any other provision of law relating to a licensee's or applicant's fitness to prac tice as a dentist, dental hygienist, or dental assistant or for initiating or conducting proceedings against such licensee or applicant, if such report is made or action is taken in good faith, without fraud or malice. Any person who testifies or who makes a recommendation to the board in the nature of peer review, in good faith, without fraud or malice, before the board in any proceeding involving the provisions of subsec tion (a) of this Code section or any other law relating to a licensee's or applicant's fit ness to practice as a dentist or a dental hygienist shall be immune from civil and criminal liability for so testifying.

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(j) Neither a denial of a license on grounds other than those enumerated in subsection (a) nor the issuance of a private reprimand nor the denial of a license by reciprocity nor the denial of a request for reinstatement of a revoked license nor the refusal to is sue a previously denied license nor the denial of an application to use a particular cor porate or trade name shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; notice and hearing within the meaning of Chapter 13 of Title 50 shall not be required, but the applicant or licensee shall be allowed to appear before the board if he or she so requests.
(k) If any licensee or applicant fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against such licensee or applicant and take action as if such licensee or applicant had been present. A notice of hearing, ini tial or recommended decision, or final decision of the board in a disciplinary proceed ing shall be served upon the licensee or applicant by certified mail, return receipt re quested, to the last known address of record with the board. If such material is returned marked 'unclaimed' or 'refused' or is otherwise undeliverable and if the licen see or applicant cannot, after diligent effort, be located, the joint-secretary shall be deemed to be the agent for service for such licensee or applicant for purposes of this Code section, and service upon the joint-secretary shall be deemed to be service upon the licensee or applicant.
(1) The voluntary surrender of a license shall have the same effect as a revocation of said license, subject to reinstatement in the discretion of the board.
(m) This Code section shall apply equally to all licensees or applicants whether indi viduals, partners, or members of any other incorporated or unincorporated associa tions, limited liability companies, corporations, or other associations of any kind whatsoever.
(n) All subpoenas issued pursuant to the authority granted in this chapter shall be subject to the general rules of law with respect to distance, tender of fees and ex penses, and protective orders; provided, further, any motion made with respect thereto shall be made to and passed on by a judge of the superior court of the county of resi dence of the person to whom the subpoena is directed."
SECTION 18.

Said chapter is further amended by striking in its entirety Code Section 43-11-49, relat ing to burden of proof as to authority to practice dentistry, and inserting in lieu thereof a new Code Section 43-11-49 to read as follows:
"43-11-49.

On the trial of anyone charged with the violation of this chapter or with the illegal practice of dentistry, it shall be incumbent on the defendant, upon proof that he or she practiced dentistry, to show that he or she had authority under the law to practice dentistry in order to exempt himself or herself from the penalty for such violation."
SECTION 19.

Said chapter is further amended by striking in its entirety Code Section 43-11-50, relat ing to practice of dentistry without a license, and inserting in lieu thereof a new Code Section 43-11-50 to read as follows:
"43-11-50.

MONDAY, FEBRUARY 15, 1999

581

Any person, firm, partnership, corporation, or other entity who practices dentistry in this state without obtaining a license to practice from the board shall be guilty of a misdemeanor upon conviction for the first such offense, a high and aggravated misde meanor upon conviction for the second such offense, and a felony upon conviction for the third or subsequent such offense."
SECTION 20.
Said chapter is further amended by striking in its entirety Code Section 43-11-51, relat ing to practicing dentistry under another's license, and inserting in lieu thereof a new Code Section 43-11-51 to read as follows:
"43-11-51.

Any person, firm, partnership, corporation, or other entity who practices dentistry or performs any dental operation under the protection of another's license shall be guilty of a misdemeanor."
SECTION 21.
Said chapter is further amended by striking in its entirety Code Section 43-11-73.1, re lating to continuing education requirement, waiver, and authority of board, and in serting in lieu thereof a new Code Section 43-11-73.1 to read as follows:
"43-11-73.1.

(a) The board shall be authorized to require persons seeking renewal of a dental hygienist license to complete board approved continuing education of not less than 22 30 hours biennially. The board shall be authorized to approve courses offered by institu tions of higher learning and professional organizations. At least 15 hours of continu ing education in each renewal cycle shall be scientifically based. Time required to ob tain certification in eardiopulmonary resuscitation pursuant to aubacction (c) of Code Section 43 11 73 ohall not bo includablc aa continuing education required by thia subsection.
(b) The board shall be authorized to waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate.
(c) The board shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section.
(d) This Code section shall apply to each licensing, certification, and renewal cycle which begins after the 1990-1991 renewal."
SECTION 22.
Said chapter is further amended by striking in its entirety Code Section 43-11-75, relat ing to the applicability of the article, and inserting in lieu thereof a new Code Section 43-11-75 to read as follows:
"43-11-75.

This article shall not apply to licensed dentists, nor shall this article apply to regu larly liccnacd physicians licensed in this state in extracting teeth or performing surgi cal operations and in charging therefor or to regularly chartered accredited schools of dentistry."

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SECTION 23.
Said chapter is further amended by striking in its entirety Code Section 43-11-82, relat ing to the applicability of the article, and inserting in lieu thereof a new Code Section 43-11-82 to read as follows:
"43-11-82.

This article shall not apply to licensed dentists or dental hygienists, nor shall this ar ticle apply to regularly liccnacd physicians licensed in this state in extracting teeth or performing surgical operations and in charging therefore or to regularly chartered ac credited schools of dentistry."
SECTION 24. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 25. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders N Bridges Y Brooks Y Brown Y Buck
Y Buckner
Y Bulloch Y Bunn
Burkhalter Y Byrd
Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B
Y Coleman, T
Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes
Y Ehrhart
Y Epps Y Evans Y Everett
Felton Y Floyd Y Franklin Y Golick Y Graves
Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin
Y Harrell Y Heard Y Heckstall
Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Y Houston Y Howard Y Hudgens Y Hudson, H
Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar N Mills Y Mobley
Y Morris Y Mosley N Mueller Y OTSTeal
Y Orrock
Y Parham
Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall
Y Ray E Reaves Y Reece Y Reed
Reese
Y Reichert Y Rice
Y Richardson
Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid Y Scott Y Shanahan Y Shaw Y Shipp
Y Sholar Y Sims
Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling
Snow Y Squires
Y Stallings Y Stancil Y Stanley, P
Stanley-Turner Y Stephens
Y Stokes Y Stuckey Y Taylor
Teague Y Teper
Y Tillman
Y Tolbert Y Trense
Y Turnquest Y Twiggs
Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland
Y Whitaker
Y Wiles Y Williams, J Y Williams, H Y Wix
Y Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 163, nays 3.

MONDAY, FEBRUARY 15, 1999

583

The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 388. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to require certain tobacco product manufactur ers to establish and make deposits into certain escrow accounts.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield
Birdsong
Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch
Bunn
Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers N Clark N Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson
Dukes Y Ehrhart Y Epps Y Evans Y Everett
Pelton Y Floyd N Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall
Hegstrom
Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Jones N Joyce Y Kaye Y Lane
Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L N Massey Y McBee
McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock
Y Parham Y Parrish Y Parsons

Pelote Pinholster
Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray
E Reaves Y Reece Y Reed N Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett E Scheid N Scott Y Shanahan
Shaw Y Shipp Y Sholar Y Sims
Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W
Y Smith, L

Y Smith, L.R
Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling
Snow
Y Squires Y Stallings Y Stancil Y Stanley, P
Stanley-Turner Y Stephens Y Stokes
Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs
Y ITnterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix N Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 153, nays 9.
The Bill, having received the requisite constitutional majority, was passed.
Representatives Pelote of the 149th and Dukes of the 161st stated that they had been called from the floor of the House during the preceding roll call. They wished to be re corded as voting "aye" thereon. HB 292. By Representatives Skipper of the 137th, Greene of the 158th, James of the
140th and Hanner of the 159th: 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 third judge of the superior courts of the Southwestern Judicial Circuit of Georgia.

584

JOURNAL OF THE HOUSE

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield
Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn
Burkhalter Y Byrd
Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley
Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee
McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y OTSTeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray E Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid Y Scott Y Shanahan
Shaw Y Shipp Y Sholar Y Sims Y Sinkfield
Y Skipper
Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling
Snow
Y Squires Y Stallings Y Stancil Y Stanley, P
Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed. HB 173. By Representative Snow of the 2nd:
A bill to amend Code Section 25-12-2 of the Official Code of Georgia Anno tated, relating to the definitions applicable to the regulation of fire extin g"fuirimsh"e.rs and suppression systems, so as to change the definition of the term
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 25-12-2 of the Official Code of Georgia Annotated, relating to the definitions applicable to the regulation of fire extinguishers and suppression systems, so as to change the definition of the term "firm"; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 15, 1999

585

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 25-12-2 of the Official Code of Georgia Annotated, relating to the defini tions applicable to the regulation of fire extinguishers and suppression systems, is amended by striking in its entirety paragraph (4) and inserting in lieu thereof a new paragraph (4) to read as follows:

"(4) 'Firm' means any business, person, partnership, organization, association, cor poration, contractor, subcontractor, or individual."

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 substi tute, was agreed to.

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

Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown
Buck Y Buckner Y Bulloch Y Bunn
Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Davis, T Y Day
Dean
Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans
Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Hanner
Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Hugley Y Irvin Y Jackson, B Y Jackson, L
James Y Jamieson Y Jenkins Y Jennings
Y Jones
Y Joyce
Y Kaye
Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee
McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall
Y Ray E Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers
Royal
Y Sanders Y Sauder Y Scarlett E Scheid Y Scott Y Shanahan
Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P
Stanley-Turner
Y Stephens Y Stokes Y Stuckey Y Taylor
Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Buck of the 135th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

586

JOURNAL OF THE HOUSE

Representative Floyd of the 138th District, Vice-Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the fol lowing Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 541 Do Pass HR 257 Do Pass SB 10 Do Pass, by Substitute
Respectfully submitted, lei Floyd of the 138th
Vice-Chairman

Representative Smith of the 169th District, Chairman of the Committee on Legislative & Congressional Reapportionment, submitted the following report:

Mr. Speaker:
Your Committee on Legislative & Congressional Reapportionment has had under consid eration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 109 Do Pass
Respectfully submitted, Isl Smith of the 169th
Chairman

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

Mr. Speaker:

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

HB 87 Do Pass, by Substitute HB 287 Do Pass HB 381 Do Pass

HB 406 Do Pass SB 3 Do Pass

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

The Speaker announced the House in recess subject to the call of the Chair. The House will convene at 10:00 o'clock the next legislative day.

TUESDAY, FEBRUARY 16, 1999

587

Representative Hall, Atlanta, Georgia Tuesday, February 16, 1999

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

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

Anderson Ashe Bannister Barnard Barnes Benefield
Birdsong Bohannon
Borders Bridges Brooks ""TM 2ulr , Burkhalter ,, , Callaway Campbell Cagh Channell Childers Clark Coan Coleman, B Coleman, T
Connell Cooper Cox

Cummings Davis, M Davis, T DeLoach, B DeLoach, G Dixon
Dodson Evans
Everett Felton Franklin Golick Greene Grindley Hammontree Harbin Harrell Heard Hembree Henson Holland Houston Howard Hudgens
Hudson, H Hudson, N Hugley

Jackson, B Jackson, L Jennings Joyce Lewis Lord
Lucas Mann
Manning Martin, J Martin, J.L McBee McCall McKinney Millar Mills Mobley Morris Mosley Mueller O"Neal Parham Parrish Parsons
Pelote Pinholster Porter

Powell Purcell Ray E Reaves Reece Reed
Reese Reichert
Richardson Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shipp Sholar Sinkfield Skipper Smith, B Smith, C Smith, C.W
Smith, L Smith, L.R Smith, P

Smith, T Smith, V Smyre Snelling Squires Stallings
Stancil Stanley, P
Stanley-Turner Stephens Stokes Stuckey Teper Tillman Tolbert Trense Unterman Walker, L Watson West Westmoreland Whitaker Wiles Williams, R
Wix Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Dix of the 76th, Floyd of the 138th, Ragas of the 64th, Jamieson of the 22nd, Graves of the 125th, Heckstall of the 55th, Kaye of the 37th, Ehrhart of the 36th, Rice of the 79th, McClinton of the 68th, Snow of the 2nd, Sims of the 167th, Hanner of the 159th, Walker of the 87th, Williams of the 83rd, Day of the 153rd, Bordeaux of the 151st, Jones of the 71st, Buckner of the 95th, Jenkins of the 110th, Lane of the 146th, Randall of the 127th, Dean of the 48th, Hegstrom of the 66th, Maddox of the 72nd, Orrock of the 56th, Epps of the 131st, Crawford of the 129th, Ponder of the 160th, Twiggs of the 8th, Turnquest of the 73rd, Poag of the 6th, Dukes of the 161st, Shaw of the 176th, Holmes of the 53rd and Taylor of the 134th.
They wish to be recorded as present.
Prayer was offered by Bishop Earl Paulk, Pastor, Cathedral of Holy Spirit, Decatur, Georgia.
The members pledged allegiance to the flag.
Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.

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The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees: HB 645. By Representatives Childers of the 13th, Smith of the 12th and Reece of the
llth: A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates, so as to provide for a prestige license plate for United States armed forces Georgia veterans.
Referred to the Committee on Motor Vehicles.
HB 646. By Representatives Childers of the 13th and Jones of the 71st: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the licensing of end stage renal disease facili ties; to provide for definitions, fees, and rules; to provide for exemptions; to provide licensing standards; to provide for regulation of dialysis technicians.
Referred to the Committee on Health & Ecology.
HB 647. By Representatives Parham of the 122nd and Hudson of the 120th: A bill to amend an Act providing for the election of members of the board of education of Baldwin County, so as to change the composition of education districts from which members of the board of education are elected.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 648. By Representatives Whitaker of the 7th, Jackson of the 112th, DeLoach of the 119th, Smith of the 12th and Poag of the 6th: 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 require certain motor vehicles owned or leased by certain governmental entities or purchased or leased with public funds to be identified with certain markings, decals, or seals.
Referred to the Committee on Appropriations.

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HB 649. By Representative Connell of the 115th: A bill to amend Code Section 16-13-32.5 of the Official Code of Georgia An notated, relating to manufacturing, distributing, dispensing, or possessing a controlled substance, marijuana, or a counterfeit substance within 1,000 feet of a park or housing project, so as to provide a penalty for the violation of one of two prohibited activities.
Referred to the Committee on Special Judiciary.
HB 650. By Representatives Porter of the 143rd, Hanner of the 159th, Coleman of the 142nd and Shanahan of the 10th: A bill to amend Code Section 12-9-5 of the Official Code of Georgia Anno tated, relating to the powers and duties of the Board of Natural Resources relative to air quality, so as to provide that the board shall adopt standards and practices to reduce odors from rendering plants.
Referred to the Committee on Natural Resources & Environment.
HB 651. By Representative Scarlett of the 174th: A bill to amend Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to create the offense of reckless endangerment of a child.
Referred to the Committee on Special Judiciary.
HB 652. By Representatives Williams of the 114th, Howard of the 118th, Alien of the 117th, Anderson of the 116th and Connell of the 115th: A bill to amend an Act creating the Board of Tax Assessors for Richmond County, so as to change provisions relating to the membership of the board.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 653. By Representatives Shaw of the 176th, Lane of the 146th, Hanner of the 159th, Parham of the 122nd and Twiggs of the 8th: A bill to amend Code Section 40-2-49 of the Official Code of Georgia Anno tated, relating to license plates promoting the Nongame-Endangered Wild life Program, so as to provide that certain funds derived from the sale of such plates shall not be earmarked; to provide that compensation of tag agents and distribution of fees in regard to such license plates shall be the same as provided by law for other license plates.
Referred to the Committee on Motor Vehicles.
HB 654. By Representative Greene of the 158th: A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Anno tated, relating to the Employees' Retirement System of Georgia, so as to provide for creditable service for certain employees of district attorneys for certain prior service.
Referred to the Committee on Retirement.
HB 655. By Representatives Epps of the 131st and Hugley of the 133rd: A bill to amend an Act reconstituting the Meriwether County Board of Edu cation, so as to provide a per diem allowance for the members of such board.
Referred to the Committee on State Planning & Community Affairs - Local.

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HB 656. By Representatives Bannister of the 77th, Walker of the 141st, Parrish of the 144th, Floyd of the 138th, Maddox of the 72nd and others:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Anno tated, relating to authorization and general requirements for transaction of insurance, so as to change certain provisions relating to transaction of in surance by lending institutions and bank holding companies.
Referred to the Committee on Insurance.

HB 657. By Representatives Twiggs of the 8th and Whitaker of the 7th:
A bill to amend Code Section 12-7-7 of the Official Code of Georgia Anno tated, relating to permit required for land-disturbing activities, so as to re peal certain provisions which prohibit the issuance of a permit unless the applicant provides a statement by the appropriate tax officials certifying that all ad valorem taxes levied against the property and due and owing have been paid.
Referred to the Committee on Natural Resources & Environment.

HB 658. By Representatives Buckner of the 95th, Manning of the 32nd, McBee of the 88th, Orrock of the 56th, Stanley of the 50th and others:
A bill to amend Code Section 50-12-80 of the Official Code of Georgia Anno tated, relating to the creation of the Georgia Commission on Women, so as to change provisions relating to the terms of membership; to provide for the removal of members for four consecutive unexcused absences; to require full-time Georgia residency.
Referred to the Committee on State Planning & Community Affairs.

HB 659. By Representatives Jackson of the 112th, Walker of the 141st, Williams of the 83rd and Hudson of the 156th:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Anno tated, relating to general provisions regarding penal institutions, so as to define certain terms; to require that any telephone system installed in a pe nal institution to which inmates have access contains certain technical fea tures; to impose certain duties on persons in charge of penal institutions re garding the use of telephone systems by inmates.
Referred to the Committee on Industry.

HB 660. By Representatives Dean of the 48th, Coleman of the 142nd, Hegstrom of the 66th, Holmes of the 53rd, Smyre of the 136th and others:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions regarding political subdivisions, so as to require political subdivisions and public authorities to have conducted en vironmental testing on certain property to be donated to or acquired by such entities and prohibit acceptance or acquisition thereof unless any dan gers discovered have been eliminated.
Referred to the Committee on State Planning & Community Affairs.

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HB 661. By Representatives Stancil of the 16th, Scheid of the 17th and Pinholster of the 15th:
A bill to amend an Act creating a board of elections and registration for Cherokee County, so as to implement a system of staggered terms of office for the members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 662. By Representatives Coan of the 82nd, Jackson of the 112th, Lane of the 146th, McCall of the 90th, Rice of the 79th and others:
A bill to amend Article 1 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to ethics in gov ernment, so as to regulate political contributions and expenditures by labor organizations and separate segregated funds thereof; to amend Article 2 of Chapter 6 of Title 34 of the Official Code of Georgia Annotated, relating to membership in labor organizations, so as to regulate deductions from em ployees' earnings of contributions to labor organizations.
Referred to the Committee on Rules.

HB 663. By Representatives Bannister of the 77th, Rice of the 79th, Unterman of the 84th, Coleman of the 80th, Dix of the 76th and others:
A bill to amend Code Section 15-10-2 of the Official Code of Georgia Anno tated, relating to jurisdiction of magistrate courts, so as to change the civil jurisdiction of such courts.
Referred to the Committee on Judiciary.

HB 664. By Representatives Bannister of the 77th, Rice of the 79th, Unterman of the 84th, Coleman of the 80th, Dix of the 76th and others:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions regarding venue, so as to authorize the courts of this state to apply the doctrine of forum non conveniens.
Referred to the Committee on Judiciary.

HB 665. By Representatives Buckner of the 95th and Williams of the 114th:
A bill to amend Chapter 9 of Title 19 of the Official Code of Georgia Anno tated, relating to child custody proceedings, so as to provide for the court's consideration of the opinion and desire of a child of ten but less than 14 re garding custody of the child.
Referred to the Committee on Judiciary.

HB 666. By Representatives Williams of the 83rd, Ray of the 128th and Hugley of the 133rd:
A bill to amend Article 5 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to the use of sign language and intermediary interpreters in administrative and judicial proceedings, so as to authorize state agencies, law enforcement agencies, and courts to obtain directly the services of qualified interpreters required by this article.
Referred to the Committee on Judiciary.

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HB 667. By Representatives Reichert of the 126th, Cooper of the 31st, Martin of the 47th and Kaye of the 37th: A bill to amend Chapter 5 of Title 53 of the Official Code of Georgia Anno tated, relating to probate under the Revised Probate Code of 1998, so as to enact the "Uniform Transfer on Death Security Registration Act".
Referred to the Committee on Judiciary.
HR 303. By Representatives Heard of the 89th, Childers of the 13th, Sinkfield of the 57th, Martin of the 47th, Williams of the 114th and others: A resolution creating the Joint Mental Health, Mental Retardation, and Substance Abuse Service Delivery Study Committee.
Referred to the Committee on Rules.
HR 304. By Representative Hudson of the 120th: A resolution compensating Mr. Mohammed Ashraf.
Referred to the Committee on Appropriations.
HR 324. By Representatives Bannister of the 77th, Rice of the 79th, Unterman of the 84th, Dix of the 76th and Coleman of the 80th: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for staying or dismissing an action in a court in this state when the court finds that in the interest of substantial justice the action should be heard in another forum.
Referred to the Committee on Judiciary.
HR 325. By Representatives Jenkins of the 110th, James of the 140th, Massey of the 86th, Jackson of the 112th, Whitaker of the 7th and others: A resolution designating the Georgia Emergency Management Agency haz ardous materials training facility at the Georgia Public Safety Training Center in Forsyth as the "Neil Jordan Holton Hazardous Materials Training Facility".
Referred to the Committee on State Institutions & Property.

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

HB 632 HB 633 HB 634 HB 635 HB 636 HB 637 HB 638 HB 639 HB 640 HB 641 HB 642

HB 643 HB 644 HR 299 HR 300 SB 12 SB 108 SR 17 SR 41 SR 42 SR 77 SR 101

Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:

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593

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 351 Do Pass, by Substitute HB 370 Do Pass, by Substitute
Respectfully submitted, /s/ Martin of the 47th
Chairman

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

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 525 Do Pass, by Substitute
Respectfully submitted, /s/ Royal of the 164th
Chairman

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

Mr. Speaker:

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

HB 477 Do Pass HB 478 Do Pass HB 483 Do Pass

HB 484 Do Pass HB 606 Do Pass HR 288 Do Pass, by Substitute

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

The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR TUESDAY, FEBRUARY 16, 1999
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 22nd Legislative Day as enu merated below:

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HB 80 Bail recovery agents; notification of local jurisdiction HB 106 Controlled substances and dangerous drugs; amend listings HB 128 Jails; guard lines; certain prohibited activity HB 224 Corporations; proxies; appoint by electronic transmission HB 261 Code of Georgia; corrections HB 262 Retirement and Pensions; Code corrections HB 264 Elections; Code corrections HB 271 Physicians; certain time period; minimum prescription quantity HB 330 Center for Trade and Technology Transfer; amend provisions HB 397 Northeastern Judicial Circuit; add judge
HR 208 Veterans Memorial Way; designate Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Smyre of the 136th
Chairman
By unanimous consent, the following Bills and Resolution of the House were taken up for consideration and read the third time: HB 477. By Representatives Dean of the 48th, Holmes of the 53rd, Sinkfield of the
57th, McClinton of the 68th and Orrock of the 56th: A bill to amend the "Atlanta Urban Enterprise Zone Act," so as to change the effective date of creation and tax abatement for certain residential enter prise zones and provide for conditions and limitations relating thereto.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 123, nays 4.
The Bill, having received the requisite constitutional majority, was passed. HB 478. By Representatives Dean of the 48th, Holmes of the 53rd, Sinkfield of the
57th, McClinton of the 68th and Orrock of the 56th: A bill to amend the "Atlanta Urban Enterprise Zone Act," so as to change the effective date of creation and tax abatement for certain commercial en terprise zones and provide for conditions and limitations relating thereto.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 123, nays 4.
The Bill, having received the requisite constitutional majority, was passed. HB 483. By Representatives Dean of the 48th, Holmes of the 53rd, Sinkfield of the
57th, McClinton of the 68th and Orrock of the 56th: A bill to amend the "Atlanta Urban Enterprise Zone Act," so as to provide the City of Atlanta with the authority to change the effective date for local enterprise zones that remain undeveloped as a result of a unanticipated de velopment impediments.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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On the passage of the Bill, the ayes were 123, nays 4.
The Bill, having received the requisite constitutional majority, was passed. HB 484. By Representatives Dean of the 48th, Holmes of the 53rd, Sinkfield of the
57th, McClinton of the 68th and Orrock of the 56th: A bill to amend the "Atlanta Urban Enterprise Zone Act," so as to change the effective date of creation and tax abatement for certain residential enter prise zones and provide for conditions and limitations relating thereto.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 123, nays 4.
The Bill, having received the requisite constitutional majority, was passed. HB 606. By Representatives McClinton of the 68th, Mobley of the 69th and Stuckey
of the 67th: A bill to amend an Act creating a new charter for the City of Decatur, in DeKalb County, so as to enhance the powers, duties, and rights of the Board of Education of the City of Decatur so as to reconstitute the board of educa tion to contract for short-term debt.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 123, nays 4.
The Bill, having received the requisite constitutional majority, was passed. HR 288. By Representative Porter of the 143rd:
A resolution designating the Pleasant Springs area in Laurens County as a community.
The following Committee substitute was read and adopted: A RESOLUTION
Recognizing the Pleasant Springs area in Laurens County as a community; and for other purposes. WHEREAS, Pleasant Springs is located on the Old Savannah Road in the Oconee Dis trict of Laurens County, in what was formerly known as the Johnson Community; and WHEREAS, by 1860, this area was known as Pleasant Springs; and WHEREAS, Pleasant Springs developed and grew in conjunction with the Pleasant Springs Baptist Church. Families banded together there to worship, learn, and work to gether for the good of their friends, neighbors, and state; and WHEREAS, the Pleasant Springs Baptist Church has been an integral part of life in the Pleasant Springs community for over 100 years. In fact, the church served as a mission station during the Civil War; and WHEREAS, the residents of the Pleasant Springs area have developed and fostered a strong sense of community and fellowship and would like to be recognized as a commu nity by the State of Georgia; and WHEREAS, it is through the strength of such communities that Georgia has become a powerhouse of the New South and a wonderful place to live and work.

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NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Pleasant Springs area in Laurens County be recognized as a community in honor of its place in Georgia history.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and urged either to erect and maintain appropriate signs so designating the community or to assist the community in developing and erecting its own appropriate signs.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is author ized and directed to transmit appropriate copies of this resolution to Emory Lake as chairman of the Laurens County Board of Commissioners and to the Department of Transportation.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the ayes were 123, nays 4.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 49. By Senators Starr of the 44th, Walker of the 22nd, Marable of the 52nd and Hill of the 4th:
A bill to amend Code Section 20-2-751.3, relating to student codes of conduct in elementary and secondary schools, so as to require that student codes of conduct include provisions addressing verbal assault, physical assault or bat tery, and disrespectful conduct toward teachers, administrators, other school personnel, other students, and persons attending school-related functions.
SB 50. By Senators Marable of the 52nd, Dean of the 31st, Walker of the 22nd 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 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 for an effective date.
SB 110. By Senators Walker of the 22nd, Tate of the 38th, Jackson of the 50th and Smith of the 25th:
A bill to amend Article 9 of Chapter 4 of Title 49 of the Official Code of Geor gia Annotated, known as the "Temporary Assistance for Needy Families Act," so as to change the provision relating to eligibility for assistance for qualified aliens.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 161. By Senators Hooks of the 14th and Walker of the 22nd:
A resolution relative to adjournment.
The Senate has agreed to the House amendment to the Senate substitute to the follow ing bill of the House:

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597

HB 197. By Representative Floyd of the 138th:
A bill to provide for the consolidation of the existing governments of the City of Hawkinsville and Pulaski County.
By unanimous consent, the following Bills of the Senate were read the first time and re ferred to the committees:
SB 49. By Senators Starr of the 44th, Walker of the 22nd, Marable of the 52nd and others:
A bill to amend Code Section 20-2-751.3, relating to student codes of conduct in elementary and secondary schools, so as to require that student codes of conduct include provisions addressing verbal assault, physical assault or bat tery, and disrespectful conduct toward teachers, administrators, other school personnel, other students, and persons attending school-related functions.
Referred to the Committee on Education.
SB 50. By Senators Marable of the 52nd, Dean of the 31st, Walker of the 22nd 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 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 for an effective date.
Referred to the Committee on Education.
SB 110. By Senators Walker of the 22nd, Tate of the 38th, Jackson of the 50th and others:
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 provision relating to eligibility for assistance for qualified aliens.
Referred to the Committee on Children and Youth.

Under the general order of business, established by the Committee on Rules, the follow ing Bills and Resolution of the House were taken up for consideration and read the third time:
HB 271. By Representatives Grindley of the 35th, Graves of the 125th, Childers of the 13th and Irvin of the 45th:
A bill to amend Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to physicians, phy sicians' assistants, and respiratory care, so as to provide for minimum pre scription or refill supplies of certain medications during a certain period.
The following Committee substitute was read and withdrawn:
A BILL
To amend Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to physicians, physicians' assistants, and respira tory care, so as to provide for minimum prescription or refill supplies of certain medica tions during a certain period; to provide for certain punishments; to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance

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generally, so as to require certain health benefit plans to extend coverage to such pre scribed medications; to provide for civil immunity against certain claims; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to physicians, physicians' assistants, and respiratory care, is amended by striking Code Section 43-34-1, reserved, which reads as follows:
"43-34-1.

Reserved.", and inserting in lieu thereof the following:
"43-34-1.

(a) For purposes of this Code section, the term 'medication' shall include without limi tation insulin.
(b) A physician otherwise lawfully prescribing or authorizing a refill of a prescription for any medication other than a controlled substance at any time during the period be ginning December 1, 1999, and ending December 31, 1999, shall upon request of the patient make such prescription or refill authorization for such a supply of the medica tion as will be sufficient to continue the treatment at least until March 31, 2000, pro vided that:
(1) The patient's condition for which the medication is prescribed as treatment is chronic or the medication is likely to be appropriate as treatment for the patient's condition at least until March 31, 2000;
(2) The interruption of the supply of the medication before March 31, 2000, may cause substantial physical or mental discomfort or undesirable health consequences for the patient; and
(3) The physician does not employ this provision more than once for the same medi cation for the patient.
(c) Nothing in this Code section shall be construed to restrict any authority of a physi cian's assistant existing under other provisions of law."
SECTION 2.
Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding a new code Section 33-24-59.4 to read as follows:
"33-24-59.4.

(a) For purposes of this Code section, the term 'medication' shall include without limi tation insulin.
(b) Any coverage for prescription medication provided under any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, or renewed in this state before, on, or after July 1, 1999, by a health care corporation, health maintenance organization, accident and sickness insurer, fraternal benefit soci ety, nonprofit hospital service corporation, nonprofit medical service corporation, or similar entity which would otherwise extend to medications prescribed under subsec-

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tion (b) of Code Section 43-34-1 but for a limitation on the number of days' supply of medication covered under such plan, policy, or contract, shall be deemed to extend to medications prescribed under subsection (b) of Code Section 43-34-1 notwithstanding the limitations of such plan, policy, or contract. If for purposes of applying any deductibles under such coverage a new plan year begins at any time during the period of De cember 1, 1999, through March 31, 2000, any amount of supply of such prescribed medication which is for use after such new plan year begins shall be applied toward the deductible for such new plan year without regard to the date the prescription was filled or refilled.
(c) Any health care corporation, health maintenance organization, accident and sick ness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation, or similar entity which provides coverage for prescribed medications pursuant to subsection (b) of this Code section notwithstanding a limita tion on the number of days' supply of medication covered under its plan, policy, or con tract for health care services to all persons covered under such plan, policy, or contract shall not be liable in any civil action brought by any person covered under such plan, policy, or contract for loss or injury incurred at any time due to lack of availability of supply of such medications during the period beginning January 1, 2000, and ending March 31, 2000.
(d) Any health care corporation, health maintenance organization, accident and sick ness insurer, fraternal benefit society, nonpofit hospital service corporation, nonprofit medical service corporation, or similar entity shall be liable in damages to any person covered under such plan, policy, or contract if:
(1) The health care corporation, health maintenance organization, accident and sick ness insurer, fraternal benefit society, nonprofit hospital service corporation, non profit medical service corporation, or similar entity fails to provide coverage for a prescribed medication which otherwise would be covered under its plan, policy, or contract but is not covered due to the supply of medication prescribed or authorized for refilling;
(2) The medication was prescribed or authorized for refilling pursuant to subsection (b) of Code Section 43-34-1; and
(3) The lack of availability of the medication at any time during the period begin ning January 1, 2000, and ending March 31, 2000, proximately causes loss or injury to such person."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representatives Grindley of the 35th and Childers of the 13th, was read and adopted:
A BILL
To amend Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to physicians, physicians' assistants, and respira tory care, so as to provide for minimum prescription or refill supplies of certain medica tions during a certain period; to provide for certain punishments; to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to require certain health benefit plans to extend coverage to such pre scribed medications; to provide for civil immunity against certain claims; to repeal con flicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to physicians, physicians' assistants, and respiratory care, is amended by striking Code Section 43-34-1, reserved, which reads as follows:
"43-34-1.

Reserved.",
and inserting in lieu thereof the following: "43-34-1.

(a) For purposes of this Code section, the term 'medication' shall include without limi tation insulin.
(b) A physician otherwise lawfully prescribing or authorizing a refill of a prescription for any medication other than a controlled substance at any time during normal busi ness hours during the period beginning December 1, 1999, and ending December 31, 1999, shall upon request of the patient make such prescription or refill authorization for such a supply of the medication as will be sufficient to continue the treatment at least until March 31, 2000, provided that:
(1) The patient's condition for which the medication is prescribed as treatment is chronic or the medication is likely to be appropriate as treatment for the patient's condition at least until March 31, 2000;
(2) The interruption of the supply of the medication before March 31, 2000, may cause substantial physical or mental discomfort or undesirable health consequences for the patient; and
(3) The physician does not employ this provision more than once for the same medi cation for the patient.
(c) Nothing in this Code section shall be construed to restrict any authority of a physi cian's assistant existing under other provisions of law."
SECTION 2. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding a new code Section 33-24-59.4 to read as follows:
"33-24-59.4.

(a) For purposes of this Code section, the term 'medication' shall include without limi tation insulin.
(b) Any coverage for prescription medication provided under any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, or renewed in this state before, on, or after July 1, 1999, by a health care corporation, health maintenance organization, accident and sickness insurer, fraternal benefit soci ety, nonprofit hospital service corporation, nonprofit medical service corporation, or similar entity which would otherwise extend to medications prescribed under subsec tion (b) of Code Section 43-34-1 but for a limitation on the number of days' supply of medication covered under such plan, policy, or contract, shall be deemed to extend to medications prescribed under subsection (b) of Code Section 43-34-1 notwithstanding the limitations of such plan, policy, or contract. If for purposes of applying any deduct-

TUESDAY, FEBRUARY 16, 1999

601

ibles under such coverage a new plan year begins at any time during the period of De cember 1, 1999, through March 31, 2000, any amount of supply of such prescribed medication which is for use after such new plan year begins shall be applied toward the deductible for such new plan year without regard to the date the prescription was filled or refilled.

(c) Any health care corporation, health maintenance organization, accident and sick ness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation, or similar entity which provides coverage for prescribed medications pursuant to subsection (b) of this Code section notwithstanding a limita tion on the number of days' supply of medication covered under its plan, policy, or con tract for health care services to all persons covered under such plan, policy, or contract shall not be liable in any civil action brought by any person covered under such plan, policy, or contract for loss or injury incurred at any time due to lack of availability of supply of such medications during the period beginning January 1, 2000, and ending March 31, 2000.

(d) Any health care corporation, health maintenance organization, accident and sick ness insurer, fraternal benefit society, nonpofit hospital service corporation, nonprofit medical service corporation, or similar entity shall be liable in damages to any person covered under such plan, policy, or contract if:

(1) The health care corporation, health maintenance organization, accident and sick ness insurer, fraternal benefit society, nonprofit hospital service corporation, non profit medical service corporation, or similar entity fails to provide coverage for a prescribed medication which otherwise would be covered under its plan, policy, or contract but which coverage is denied on the basis of limits imposed by such entity on the supply of medication prescribed or authorized for refilling;

(2) The medication was prescribed or authorized for refilling pursuant to subsection (b) of Code Section 43-34-1; and

(3) The lack of availability of the medication due to denial of coverage at any time during the period beginning January 1, 2000, and ending March 31, 2000, proximately causes loss or injury to such person."

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 substi tute, 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 Anderson Y Ashe
Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon
Bordeaux Y Borders Y Bridges Y Brooks Y Brown

Buck Buckner Bulloch Bunn Burkhalter Byrd Callaway Campbell Cash
Channell
Childers
Clark Coan Coleman, B Coleman, T

Y Connell Y Cooper Y Cox Y Crawford
Y Cummings Y Davis, M Y Davis, T Y Day
Dean
Y DeLoach, B Y DeLoach, G
Y Dix Dixon
Y Dodson Dukes

Y Ehrhart Y Epps Y Evans Y Everett Y Pelton
Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Hanner Y Harbin Y Harrell

Y Heard Heckstall
Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard
Hudgens Y Hudson, H Y Hudson, N Y Hugley
Irvin Jackson, B

602
Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce E Kaye Y Lane Y Lewis Y Lord
Lucas Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Massey Y McBee Y McCall Y McClinton

JOURNAL OF THE HOUSE

McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons
Pelote Y Pinholster Y Poag
Ponder
Porter Y Powell Y Purcell Y Ragas Y Randall

Y Ray E Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice
Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
Shaw
Y Shipp Sholar
Y Sims

Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T
Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner
Y Stephens Y Stokes
Y Stuckey

Y Taylor
Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Untennan Y Walker, L Y Walker, R.L Y Watson Y West Y Westmorland Y Whitaker Y Wiles
Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Skipper of the 137th assumed the Chair. HB 224. By Representatives Reichert of the 126th, Walker of the 141st, Wiles of the
34th, Skipper of the 137th and Campbell of the 42nd: A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Anno tated, relating to business corporations, so as to provide that a shareholder may by means of electronic transmission appoint a proxy to vote for him or her.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to provide that a shareholder may by means of electronic transmission appoint a proxy to vote for him or her; to define a certain term; to provide that a parent corporation may merge itself into a subsidiary corporation; to provide that such merger shall not require shareholder approval under certain conditions; to change the definition of the term "beneficial owner"; 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 14 of the Official Code of Georgia Annotated, relating to business cor porations, is amended by inserting immediately following paragraph (7) of Code Section 14-2-140, relating to definitions relative to such chapter, a new paragraph to read as follows:
"(7.1) 'Electronic transmission' means any process of communication not directly in volving the physical transfer of paper that is suitable for the retention, retrieval, and reproduction of information by the recipient."

TUESDAY, FEBRUARY 16, 1999

603

SECTION 2.

Said chapter is further amended by striking in its entirety Code Section 14-2-722, relat ing to proxies, and inserting in lieu thereof the following:
"14-2-722.

(a) A shareholder may vote his or her shares in person or by proxy.
(b) A shareholder or his or her agent or attorney in fact may appoint a proxy by exe cuting a writing which authorizes another pcroon or--persona to vote or otherwise act for the shareholder by signing an appointment form.--Execution may be accomplished by any reasonable moans, including facaimilo transmission, cither personally or by an attorney in fact in the caac of an individual shareholder or by an authorised officer, director, employee, or agent in the caoc of any other aharcholdcr. Any copy, facsimile tranamiaaion, or other reliable reproduction of such writing or transmission may be substituted or used in lieu of the original writing or transmission for any and all pur posca for which the original writing or transmiaaion could be uacd, provided that auch copy, facsimile tranamiaaion, or other reproduction shall be a complete reproduction of the entire original writing to vote or otherwise act for the shareholder by signing an appointment form or by an electronic transmission. An electronic transmission must contain or be accompanied by information from which it can be determined that the shareholder, the shareholder's agent, or the shareholder's attorney in fact authorized the electronic transmission.
(c) An appointment of a proxy is effective when a signed appointment form or facaim ile electronic transmission of the signed appointment is received by the inspector of election or the officer or agent of the corporation authorized to tabulate votes. An ap pointment is valid for 11 months unless a longer period is expressly provided in the appointment form.
(d) An appointment of a proxy is revocable unless the appointment form or facsimile electronic transmission states that it is irrevocable and the appointment is coupled with an interest. Appointments coupled with an interest include the appointment of:
(1) A pledgee;
(2) A person who purchased or agreed to purchase the shares;
(3) A creditor of the corporation who extended it credit under terms requiring the appointment;
(4) An employee of the corporation whose employment contract requires the appoint ment; or
(5) A party to a voting agreement created under Code Section 14-2-731.

(e) The death or incapacity of the shareholder appointing a proxy does not affect the right of the corporation to accept the proxy's authority unless notice of the death or in capacity is received by the secretary or other officer or agent authorized to tabulate votes before the proxy exercises his or her authority under the appointment.

(f) An appointment made irrevocable under subsection (d) of this Code section is re voked when the interest with which it is coupled is extinguished.

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(g) A transferee for value of shares subject to an irrevocable appointment may revoke the appointment if he or she did not know of its existence when he or she acquired the shares and the existence of the irrevocable appointment was not noted conspicuously on the certificate representing the shares or on the information statement for shares without certificates.
(h) Subject to Code Section 14-2-724 and to any express limitation on the proxy's au thority stated in the appointment form or electronic transmission, a corporation is en titled to accept the proxy's vote or other action as that of the shareholder making the appointment.
(i) Any copy, facsimile transmission, or other reliable reproduction of the writing or electronic transmission created pursuant to subsection (b) of this Code section may be substituted or used in lieu of the original writing or electronic transmission for any and all purposes for which the original writing or electronic transmission could be used, provided that such copy, facsimile transmission, or other reproduction shall be a complete reproduction of the entire original writing or electronic transmission.
(j) A corporation may adopt bylaws authorizing additional means or procedures for shareholders to exercise rights granted by this Code section."
SECTION 3.
Said chapter is further amended by striking in its entirety Code Section 14-2-1104, re lating to the merger of a subsidiary corporation into a parent corporation, and inserting in lieu thereof the following:
"14-2-1104.

(a) A parent corporation owning at least 90 percent of the outstanding shares of each class of a subsidiary corporation may either merge the subsidiary into itself or merge itself into the subsidiary corporation without approval of the shareholders of the par ent or subsidiary except as provided in subsection(b) of this Code section.
(b) If a parent corporation merges itself into a subsidiary corporation as provided in subsection (a) of this Code section, the parent corporation shall comply with the re quirements of Code Section 14-2-1103 unless:
(1) Immediately following the effective time of the merger, the articles of incorpora tion and the bylaws of the surviving corporation are identical, except for any differ ences in the articles of incorporation permitted by amendments enumerated in Code Section 14-2-1002, to the articles of incorporation and the bylaws of the parent cor poration immediately prior to the effective time of the merger;
(2) Each shareholder of the parent corporation whose shares were outstanding im mediately prior to the effective time of the merger will receive a like number of shares of the surviving corporation, with designations, preferences, limitations, and relative rights identical to those previously held by each shareholder;
(3) The number and kind of shares of the surviving corporation outstanding imme diately following the effective time of the merger, plus the number and kind of shares issuable as a result of the merger and by conversion of securities issued pur suant to the merger or the exercise of rights and warrants issued pursuant to the merger, will not exceed the total number and kind of shares of the parent corpora tion authorized by its articles of incorporation immediately prior to the effective time of the merger; and

TUESDAY, FEBRUARY 16, 1999

605

(4) The directors of the parent corporation become or remain the directors of the surviving corporation upon the effective time of the merger.
Kc) The board of directors of the parent shall adopt a plan of merger that sets forth:
(1) The names of the parent and subsidiary; and
(2) The manner and basis of converting the shares of the parent or subsidiary into shares, obligations, or other securities of the parent surviving corporation or any other corporation or into cash or other property in whole or in part.
Within ten days after the corporate action is taken, the parent surviving corpo ration shall mail a copy or summary of the plan of merger to each shareholder of the subsidiary or parent who does not waive the mailing requirement in writing.
(4Xe) Artielca If the parent corporation is the surviving corporation, articles of merger or a certificate of merger under this Code section may not contain amendments to the articles of incorporation of the parent corporation (except for amendments enumerated in Code Section 14-2-1002)."
SECTION 4. Said chapter is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 14-2-1302, relating to the right to dissent, and inserting in lieu thereof the following:
"(1) Consummation of a plan of merger to which the corporation is a party: (A) If approval of the shareholders of the corporation is required for the merger by Code Section 14-2-1103 or 14-2-1104 or the articles of incorporation and the shareholder is entitled to vote on the merger; or (B) If the corporation is a subsidiary that is merged with its parent under Code Section 14-2-1104;"
SECTION 5. Said chapter is further amended by striking in its entirety paragraph (4) of Code Section 14-2-1110, relating to definitions relative to fair price requirements, and inserting in lieu thereof the following:
"(4) 'Beneficial owner' means a person shall be considered to be the beneficial owner of any equity securities:
(A) Which such person or any of such person's affiliates or associates owns, di rectly or indirectly; (B) Which such person or any of such person's affiliates or associates, directly or indirectly, has:
(i) The right to acquire, whether such right is exercisable immediately or only after the passage of time, pursuant to any agreement, arrangement, or under standing or upon the exercise of conversion rights, exchange rights, warrants or options, or otherwise; or (ii) The right to vote pursuant to any agreement, arrangement, or understand ing; or (C) Which are owned, directly or indirectly, by any other person with which such person or any of such person's affiliates or associates has any agreement, arrange ment, or understanding for the purpose of acquiring, holding, voting, or disposing of equity securities? ; provided, however, that a person shall not be considered to be a beneficial owner of any equity securities which (i) have been tendered pursu-

606

JOURNAL OF THE HOUSE

ant to a tender or exchange offer made by such person or such person's affiliates or associates until such tendered stock is accepted for purchase or exchange or (ii) such person or such person's affiliates or associates have the right to vote pursu ant to any agreement, arrangement, or understanding if the agreement, arrange ment, or understanding to vote such stock arises solely from a revocable proxy or consent given in response to a proxy or consent solicitation made to ten or more persons."
SECTION 6.
Said chapter is further amended by striking in its entirety Code Section 14-2-1131, re lating to definitions relative to business combinations with interested stockholders, and inserting in lieu thereof the following:
"14-2-1131.

For purposes of this part, the definitions contained in Code Section 14-2-1110 shall be applicable with the following exceptions:
(1) For purposes of thia part, a person ahull not be eonaidcrcd to be the 'beneficial owner,' as that term ia defined in paragraph (4) of Code Section 14 2 1110, of:
(A) Stock tendered pursuant to a tender or exchange offer made by auch poraon or any of auch person's affiliates or associates until auch tendered atock ia accepted for purchase or exchange; or
(B) Any equity securities which auch person or such pcraon'o affiliates or associ ates have the right to vote pursuant to any agreement, arrangement, or under standing if the agreement, arrangement, or undcratanding to vote such stock arises solely from a revocable proxy or consent given in rcaponac to a proxy or consent oolicitation made to ten or more persona;
(3) For purposes of this part, 'business combination' means:
(A) Any merger or consolidation of the resident domestic corporation or any sub sidiary with: (i) any interested shareholder; or (ii) any other corporation, whether or not itself an interested shareholder, which is, or after the merger or consolida tion would be, an affiliate of an interested shareholder that was an interested shareholder prior to the consummation of the transaction other than as a result of the interested shareholder's ownership of the resident domestic corporation's vot ing stock;
(B) Any sale, lease, transfer, or other disposition, other than in the ordinary course of business, in one transaction or in a series of transactions, to any inter ested shareholder or any affiliate or associate of any interested shareholder, other than the resident domestic corporation or any of its subsidiaries, of any assets of the resident domestic corporation or any subsidiary having, measured at the time the transaction or transactions are approved by the board of directors of the resi dent domestic corporation, an aggregate book value as of the end of the resident domestic corporation's most recently ended fiscal quarter of 10 percent or more of the net assets of the resident domestic corporation as of the end of such fiscal quarter;
(C) The issuance or transfer by the resident domestic corporation, or any subsidi ary, in one transaction or a series of transactions, of any equity securities of the resident domestic corporation or any subsidiary which have an aggregate market value of 5 percent or more of the total market value of the outstanding common and preferred shares of the resident domestic corporation whose shares are being issued to any interested shareholder or any affiliate or associate of any interested shareholder, other than the resident domestic corporation or any of its subsidiar ies, except pursuant to the exercise of warrants or rights to purchase securities of-

TUESDAY, FEBRUARY 16, 1999

607

fered pro rata to all holders of the resident domestic corporation's voting shares or any other method affording substantially proportionate treatment to the holders of voting shares, and except pursuant to the exercise or conversion of securities exercisable for or convertible into shares of the resident domestic corporation, or any subsidiary, which securities were outstanding prior to the time that any inter ested shareholder became such;
(D) The adoption of any plan or proposal for the liquidation or dissolution of the resident domestic corporation;
(E) Any reclassification of securities, including any reverse stock split, or recapi talization of the resident domestic corporation, or any merger or consolidation of the resident domestic corporation with any of its subsidiaries, which has the ef fect, directly or indirectly, of increasing by 5 percent or more the proportionate amount of the outstanding shares of any class or series of equity securities of the resident domestic corporation or any subsidiary which is directly or indirectly ben eficially owned by any interested shareholder or any affiliate of any interested shareholder;
(F) Any receipt by the interested shareholder, or any affiliate or associate of the interested shareholder, other than in the ordinary course of business, of the bene fit, directly or indirectly (except proportionately as a shareholder of the corpora tion), of any loans, advances, guarantees, pledges, or other financial benefits or as sistance or any tax credits or other tax advantages provided by or through the resident domestic corporation or any of its subsidiaries; or
(G) Any share exchange with (i) any interested shareholder or (ii) any other cor poration, whether or not itself an interested shareholder, which is, or after the share exchange would be, an affiliate of an interested shareholder that was an in terested shareholder prior to the consummation of the transaction;
(3)(2) For purposes of this part and Part 2 of this article, the presumption of 'con trol' created by paragraph (7) of Code Section 14-2-1110 shall not apply where such person holds voting stock, in good faith and not for the purpose of circumventing this part or Part 2 of this article, as an agent, bank, broker, nominee, custodian, or trustee for one or more owners who do not individually or as a group have control of the corporation; and
(4X3) For purposes of this part, a 'resident domestic corporation' means:
(A) An issuer of voting stock which is organized under the laws of this state and which has at least 100 beneficial owners in this state and either:
(i) Has its principal office located in this state;
(ii) Has at least 10 percent of its outstanding voting shares beneficially owned by residents of this state;
(iii) Has at least 10 percent of the holders of its outstanding voting shares bene ficially owned by residents of this state; or
(iv) Owns or controls assets located in this state which represent the lesser of (I) substantially all of its assets or (II) assets having a market value of at least $25 million. For purposes of this Code section, 'substantially all of the corporate assets' means either one-half of the value of the assets of the corporation or the assets of the corporation located in this state which generate more than one-half of the total revenues of the corporation, all on a consolidated basis; and
(B) For purposes of divisions (ii) and (iii) of subparagraph (A) of this paragraph, a holder of voting shares that is a corporation shall be deemed to be located in this state if such corporation is organized under the laws of this state."

608

JOURNAL OF THE HOUSE

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

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

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

Alien Y Anderson Y Ashe Y Bailey
Y Bannister Y Barnard
Y Barnes Y Benefield Y Birdsong Y Bohannon
Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner
Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper
Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B
Y DeLoach, G
Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps
Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Manner Y Harbin Y Harrell Y Heard
Heckstall
Y Hegstrom
Y Hembree
Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Irvin
Jackson, B
Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas
Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L
Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y CCNeal Y Orrock Y Parham Y Parrish Y Parsons

Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray E Reaves Y Reece Y Reed
Reese 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 Shipp
Sholar Y Sims Y Sinkfield
Skipper Y Smith, B 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 Squires
Y Stallings Y Stancil
Y Stanley, P
Y Stanley-Turner
Y Stephens
Y Stokes
Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert Y Trense
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 397. By Representatives Rogers of the 20th and Tolbert of the 25th:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Anno tated, relating to the superior courts, so as to provide for an additional judge of the Northeastern Judicial Circuit.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the superior courts, so as to provide for an additional judge of the Northeastern Judicial Cir cuit; to provide for the initial appointment of the new judge and subsequent election of successors to the new judge; to provide for terms of office and powers, duties, dignity, ju-

TUESDAY, FEBRUARY 16, 1999

609

risdiction, privileges, and immunities; to provide for employment of 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 the superior courts, is amended in Code Section 15-6-2, relating to the number of judges, by striking in its entirety paragraph (26) and inserting in its place the following:
"(26) Northeastern Circuit........................................................................................ 3 4"
SECTION 2. One new judge of the superior court is added to the Northeastern Judicial Circuit, in creasing to four the number of judges of such circuit.
SECTION 3. The initial new judge appointed pursuant to this Act shall be appointed by the Governor for a term beginning July 1, 1999, and expiring December 31, 2000, and until a succes sor is elected and qualified. A successor to the initial judge shall be elected in the man ner provided by law for the election of judges in the superior courts of this state at the general election in November, 2000, for a term of four years beginning on January 1, 2001, and until the election and qualification of a successor. Future successors shall be elected at the general elections every 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 4. The new judge initially appointed and subsequently elected pursuant to this Act shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immuni ties of the present judges of the superior court. The new judge is authorized to employ court personnel on the same basis as other judges of the Northeastern Judicial Circuit.
SECTION 5. Except as expressly stated, this Act shall not be construed to alter or repeal any provi sion of any local Act relating to the Northeastern 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 6. (a) For the purposes of appointing the initial new judge pursuant to Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becom ing law without such approval. (b) Except as provided in subsection (a) of this section, this Act shall become effective July 1, 1999.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substi tute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

610

JOURNAL OF THE HOUSE

Alien
Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard
Barnes Y Benefield Y Birdsong Y Bohannon
Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner
Bulloch
Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark
Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Dean
Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps
Evans Y Everett Y Felton Y Floyd Y Franklin
Golick Y Graves Y Greene Y Grindley Y Hammontree
Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson
Holland
Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins
Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas
Maddox
Y Mann Y Manning Y Martin, J Y Martin, J.L
Massey
Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
Mueller
Y O'Neal Y Orrock Y Parham
Y Parrish Y Parsons

Pelote Y Pinholster Y Poag Y Ponder
Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray E Reaves Y Reece Y Reed Y Reese 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 Shipp
Sholar Y Sims Y Sinkfield
Skipper
Y Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague
Y Teper Y Tillman Y Tolbert Y Trense
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 106. By Representatives Parham of the 122nd, Stephens of the 150th, Martin of
the 145th, Graves of the 125th and Parrish of the 144th: A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to controlled substances, so as to change the listings of con trolled substances and dangerous drugs.
The following amendments were read and adopted:
The Committee on Health and Ecology moves to amend HB 106 as follows: On line 3, page 1, after the word "change" add the following language:
"definitions; to change".
Representatives Martin of the 47th and Parham of the 122nd move to amend HB 106 by adding between lines 29 and 30 of page 3 the following:
"SECTION 5.1. Said chapter is further amended by striking 'or" at the end of subparagraph (A) of para graph (23) of Code Section 16-13-21, relating to definitions, striking the period and in serting '; or' at the end of subparagraph (B) of said paragraph, and adding immediately thereafter the following subparagraph:

TUESDAY, FEBRUARY 16, 1999

611

'(C) A physician's assistant acting pursuant to the authority of subsection (e.l) of Code Section 43-34-103. For purposes of this chapter and subsection (e.l) of Code Section 43-34-103 and notwithstanding the provisions of subsection (g) of Code Section 43-34-26.1, a physician's assistant is authorized to prescribe a controlled substance and to register with the federal Drug Enforcement Administration and appropriate state authorities.'"

Representative Parham of the 122nd moves to amend HB 106 by adding immediately following "drugs;" on line 4 of page 1 the following:
"to provide for the authority of registered professional nurses employed or engaged by a licensed home health agency to possess and administer certain drugs in a home health setting; to provide for oversight by the State Board of Pharmacy; to provide for construction;".
By adding between lines 29 and 30 of page 3 the following:
"SECTION 5.1.
Said chapter is further amended by adding a new paragraph following paragraph (4.1) of Code Section 16-13-72, relating to sale, distribution, or possession of dangerous drugs, to read as follows:
'(4.2) A registered professional nurse licensed under Article 1 of Chapter 26 of Title 43 who is employed or engaged by a licensed home health agency may possess ster ile saline, sterile water and diluted heparin for use as intravenous maintenance for use in a home health setting, and such nurse may administer such items to patients of the home health agency upon the order of a licensed physician. The State Board of Pharmacy shall be authorized to adopt regulations governing the storage, quan tity, use and administration of such items; provided, however, nothing in this para graph or in such regulations shall be construed to restrict any authority of nurses existing under other provisions of law;'."
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:

Alien Anderson Ashe Bailey Bannister Barnard Barnes Benefield Birdsong Bohannon Bordeaux Borders Bridges Brooks Brown Buck . Buckner Bulloch Bunn Burkhalter Byrd Callaway Campbell Cash

Y Channell Y Childers Y Clark Y Coan Y Coleman, B
Coleman, T Connell Y Cooper Cox Crawford Cummings Davis, M Davis, T Day Dean DeLoach, B DeLoach, G Dix Dixon Dodson Dukes Ehrhart Epps Evans

Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas
Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L
Massey Y McBee Y McCall Y McClinton

McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag
Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray E Reaves Y Reece

612
Reed Eeese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid

JOURNAL OF THE HOUSE

Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield
Skipper Y Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner

Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman

Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J
Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
By unanimous consent, HB 106 was ordered immediately transmitted to the Senate.
HB 128. By Representatives Cooper of the 31st, Jenkins of the 110th, Poag of the 6th, Stanley of the 49th and Hammontree of the 4th:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to jails, so as to provide for the establishment of guard lines at jails and signs indicating such guard lines; to prohibit the crossing of guard lines with weapons, intox icants, or drugs without consent of the sheriff or municipal jailer or the sher iff or municipal jailer's designated representative.
The following Committee substitute was read and adopted:
A BILL
To amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to jails, so as to provide for the establishment of guard lines at jails and signs indicating such guard lines; to make it unlawful for an in mate of a jail to possess any controlled substance, dangerous drug, gun, pistol, or other dangerous weapon or marijuana; to prohibit the crossing of guard lines with weapons, intoxicants, or drugs without consent of the sheriff, jailer, or a law enforcement officer; to prohibit loitering near inmates after being ordered by a sheriff, jailer, or a law en forcement officer to desist from such activity; to prohibit a person from giving weapons, intoxicants, drugs, or other items to inmates without consent of the sheriff, jailer, or a law enforcement officer; to make it unlawful for any person to obtain, to procure for, or to give to an inmate, or to bring within the guard lines, any article or item without the knowledge and consent of the sheriff, jailer, or a law enforcement officer; to make it un lawful for any person to come inside the guard lines or be within any jail while under the influence of alcohol, amphetamines, biphetamines, or any hallucinogenic drug with out the knowledge and consent of the sheriff, jailer, or a law enforcement officer; to pro vide that it shall be unlawful for any person to attempt, conspire, or solicit another to commit certain offenses defined by this Act; to provide that any violation of this Act shall constitute a separate offense; to provide that the provisions of this Act shall not prohibit the lawful use or dispensing of a controlled substance or dangerous drug to an inmate with the knowledge and consent of the sheriff, jailer, or a law enforcement officer when such use or dispensing is lawful under the provisions of Chapter 13 of Title 16; to change the definition of a certain term; to define additional terms; to provide penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 16, 1999

613

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to jails, is amended by striking in its entirety Code Section 42-4-13, relating to the prohibition against the possession of drugs, weapons, or alcohol by inmates, and inserting in lieu thereof a new Code Section 42-4-13 to read as follows:
"42-4-13.

(a) As used in this Code section, the term:
(1) 'Alcoholic beverage' means and includes all alcohol, distilled spirits, beer, malt beverage, wine, or fortified wine.
(2) 'Controlled substance' means a drug, substance, or immediate precursor ie Schcdulca III through V of Code Scctiona 16 13 37 through 16 13 20 as defined in Code Section 16-13-21.
(3) 'Dangerous drug' has the same meaning as defined by Code Section 16-13-71.
(4) 'Jail' means any county jail, municipal jail, or any jail or detention facility oper ated by a county, municipality, or a regional jail authority as authorized under Arti cle 5 of this chapter.
(5) 'Jailer' means the chief of police if the jail is under the supervision of the chief of police of a municipality, or the warden, captain, administrator, superintendent, or other officer having supervision of any other jail, or the designee of such officer.
(bxl) It Unless othcrwioc authorized by law, it shall be unlawful for an inmate of a jail to possess any controlled substance, dangerous drug, gun, pistol, or other dan gerous weapon or any marijuana in a quantity of one ounce or leaa.
(2) Any person who violates paragraph (1) of this subsection shall be guilty of a fel ony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years.
(3) Notwithstanding the provisions of this subsection, possession of a controlled sub stance, a dangerous drug, or marijuana in a quantity greater than one ounce shall be punished as provided in Chapter 13 of Title 16.
(4) The provisions of this subsection shall not prohibit the lawful use or dispensing of a controlled substance or dangerous drug to an inmate with the knowledge and consent of the sheriff, jailer, or a law enforcement officer when such use or dispens ing is lawful under the provisions of Chapter 13 of Title 16.
(c)(l) Unless otherwise authorized by law, it shall be unlawful for an inmate of a jail to possess any alcoholic beverage.
(2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor.
(d)(l) It shall be unlawful for any person to come inside the guard lines established at any jail with, or to give or have delivered to an inmate of a jail, any alcoholic beverage, controlled substance, dangerous drug, or any marijuana, in a quantity of one ounce or loss, or any gun, pistol, or other dangerous weapon without the knowl edge and consent of the sheriff, or the sheriffs designated representative or a dctcn

614

JOURNAL OF THE HOUSE

tion facility administrator or his or her doaignoc jailer, or a law enforcement officer; provided, however, that the provisions of this subsection shall not apply to nor pro hibit the use of an alcoholic beverage by a clergyman or priest in sacramental ser vices only.
(2) Except as otherwise provided in paragraph (3) of this subsection, any person who violates paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years.
(3) Notwithstanding the provisions of paragraph (2) of this subsection, the possession, possession with intent to distribute, trafficking, or distribution of a controlled substance or marijuana in a quantity greater than one ounce shall be punished as provided in Chapter 13 of Title 16.
(e) It shall be unlawful for any person to obtain, to procure for, or to give to an in mate, or to bring within the guard lines, any other article or item without the knowl edge and consent of the sheriff, jailer, or a law enforcement officer. Any person violating this subsection shall be guilty of a misdemeanor.
(f) It shall be unlawful for any person to come inside the guard lines or be within any jail while under the influence of alcohol, amphetamines, biphetamines, or any halluci nogenic drug without the knowledge and consent of the sheriff, jailer, or a law enforce ment officer. Any person convicted of a violation of this subsection shall be punished by imprisonment for not less than one nor more than four years.
(g) It shall be unlawful for any person to loaf, linger, or stand around where inmates are employed or kept after having been ordered by the sheriff, jailer, or a law enforce ment officer to desist therefrom. Any person violating this subsection shall be guilty of a misdemeanor.
(h) It shall be unlawful for any person to attempt, conspire, or solicit another to com mit any offense defined by this Code section and, upon conviction thereof, shall be punished by imprisonment not exceeding the maximum punishment prescribed for the offense, the commission of which was the object of the attempt, conspiracy, or solicitation.
(i) Any violation of this Code section shall constitute a separate offense.
(j) Guard lines shall be established by the sheriff or jailer 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 jail 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."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substi tute, was agreed to.

TUESDAY, FEBRUARY 16, 1999

615

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

Alien
Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux
Borders Y Bridges
Y Brooks Y Brown Y Buck Y Buckner Y Bulloch
Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channel! Y Childers Y Clark Y Coan
Y Coleman, B Y Coleman, T
Connell
Y Cooper Y Cox Y Crawford
Y Cummings N Davis, M

Y Davis, T
Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins
Y Jennings Y Jones Y Joyce Y Kaye
Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L
Massey
Y McBee Y McCall Y McClinton
McKinney
Y Millar Y Mills Y Mobley Y Morris Y Mosley
Y Mueller Y O'Neal N Orrock Y Parham
Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray E Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal
Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
Shaw Y Shipp Y Sholar Y Sims Y Sinkfield
Skipper Y Smith, B 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 Squires

Y Stallings

Y Stancil

Y Stanley, P

YY

Stanley-Turner Stephens

Y Stokes

N Stuckey

Y Taylor

Teague

Y Teper

Y Tillman

Y Tolbert

Y Trense

Turnquest

Y Twiggs

Y Unterman

Y Walker, L

Y Walker, R.L

Y Watson

Y West

Y Westmoreland

Y Whitaker

Y Wiles

Williams, J

Y Williams, R

Y Wix

Y Yates

Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 162, nays 3.

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

Representative Davis of the 60th stated that he inadvertently voted "nay" on the preced ing roll call. He wished to be recorded as voting "aye" thereon.
HR 208. By Representative Jamieson of the 22nd:
A resolution designating the Veterans Memorial Way.

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 Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon
Bordeaux
Borders

Y Bridges Y Brooks
Y Brown Y Buck Y Buckner Y Bulloch Y Bunn
Y Burkhalter Y Byrd
Callaway Y Campbell Y Cash

Y Channell Y Childers Y Clark Y Coan Y Coleman, B
Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G
Dix Y Dixon Y Dodson
Y Dukes Y Ehrhart Y Epps Y Evans

Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammonti
Hanner Y Harbin Y Harrell

616
Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane

JOURNAL OF THE HOUSE

Y Lewis Y Lord Y Lucas Y Maddox Y Mann
Manning Y Martin, J Y Martin, J.L
Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray E Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal
Sanders Y Sauder Y Scarlett Y Scheid

Y Scott Y Shanahan
Shaw Y Shipp Y Sholar Y Sims Y Sinkfield
Skipper Y Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner

Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert Y Trense
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 162, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 80. By Representative Jones of the 71st:
A bill to amend Part 2 of Article 2 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to professional bondsmen, so as to au thorize sheriffs to require professional bondsmen to submit to the sheriff for his or her approval a list of bail recovery agents employed by such bondsmen.
The following Committee substitute was read:
A BILL
To amend Part 2 of Article 2 of Chapter 6 of Title 17 of the Official Code of Georgia An notated, relating to professional bondsmen, so as to regulate bail recovery agents; to au thorize any sheriff to require professional bondsmen who are residents of or do business in the sheriffs county to submit to the sheriff for his or her approval a list of bail recov ery agents employed or contracted for by such bondsmen; to provide that any bail recov ery agent who enters any local police jurisdiction in pursuit of and for the purpose of ap prehending the principal on a bail bond or capturing a fugitive shall, prior to taking any action in his or her capacity as a bail recovery agent in that local police jurisdiction, no tify the sheriff and police chief of the local police jurisdiction in which the surveillance or apprehension is to take place unless it is to take place in public; to provide for out-ofstate bail recovery agents; to provide for identification cards for bail recovery agents and to require bail recovery agents to carry such identification cards while acting in the ca pacity as a bail recovery agent; to provide for penalties for bondsmen and for bail recov ery agents; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 2 of Article 2 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, re lating to professional bondsmen, is amended by adding at the end thereof three new Code sections to read as follows:

TUESDAY, FEBRUARY 16, 1999

617

"17-6-56.

(a) As used in this Code section and Code Sections 17-6-57 and 17-6-58, the term 'bail recovery agent' means any person who performs services or takes action for the pur pose of apprehending the principal on a bail bond granted in this state or capturing a fugitive who has escaped from bail in this state for gratuity, benefit, or compensation.

(b) A bail recovery agent must be a United States citizen, 25 years of age or older, and qualified to obtain a license pursuant to Code Section 16-11-129.

(c) Any sheriff of a county shall require any professional bondsman who is a resident of or doing business in the sheriffs county to register his or her bail recovery agents in that county. The professional bondsman must submit to the sheriff, in a form and manner to be determined by the sheriff, a list of all bail recovery agents whose ser vices may be used by such bondsman.
17-6-57.

(a) Any bail recovery agent who enters any local police jurisdiction in pursuit of and for the purpose of apprehending the principal on a bail bond or capturing a fugitive or engaging in surveillance of such principal or fugitive shall, prior to taking any action in his or her capacity as a bail recovery agent in that local police jurisdiction, notify by facsimile transmission or telephone the sheriff and police chief of the local police jurisdiction in which the surveillance, apprehension, or capture is to take place unless it is to take place in public.

(b) An out-of-state bail recovery agent shall submit proof to the sheriff or police chief that he or she is qualified to be a bail recovery agent under the requirements of his or her home state. An out-of-state bail recovery agent shall deliver a certified copy of the bail bond or of the forfeiture or failure to appear to the sheriff or chief of police. Such out-of-state bail recovery agent, if not qualified in his or her home state or if his or her home state does not require bail recovery agents to be qualified, shall employ a Georgia bail recovery agent who is lawfully registered pursuant to this part.

(c) Each professional bondsman shall issue an identification card to each bail recovery agent registered by the professional bondsman which identification card shall include the bail recovery agent's name, height, weight, address, photograph, and signature. The identification card shall also include the signature of the professional bondsman who has registered the bail recovery agent as required in subsection (c) of Code Sec tion 17-6-56. A bail recovery agent shall be required to carry such identification card while acting in the capacity as a bail recovery agent.
17-6-58.

(a) Any bail recovery agent who fails to register with the local sheriff or who is other wise unqualified to act as a bail recovery agent but who nonetheless attempts to ap prehend or capture a principal on a bail bond or a fugitive or who succeeds in appre hending or capturing such person shall be guilty of a misdemeanor upon conviction for the first violation and shall be guilty of a felony upon conviction for the second and all subsequent violations.

(b) Any bondsman or bonding company owner, surety, or agent who hires a bail recov ery agent who is not qualified to act as a bail recovery agent pursuant to Code Sec tions 17-6-56 and 17-6-57 shall be guilty of a misdemeanor upon conviction for the first violation and shall be guilty of a felony upon conviction for the second and all subsequent violations.

618

JOURNAL OF THE HOUSE

(c) No bail recovery agent shall wear, carry, or display any uniform, badge, shield, card, or other item with any printing, insignia, or emblem that purports to indicate that such bail recovery agent is an employee, officer, or agent of any state or federal government or any political subdivision of any state or federal government. A viola tion of this subsection shall be punished upon conviction as a felony."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:

Representatives Williams of the 83rd and Ragas of the 64th move to amend the Commit tee substitute to HB 80 as follows:
Page 3 after line 28 insert:

(d) Any damages or liability associated with actions of such agents shall be the exclu sive responsibility of the bail bondsman and/or the bail bonding agent.

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

Alien N Anderson N Ashe
Bailey N Bannister N Barnard N Barnes N Benefield N Birdsong N Bohannon N Bordeaux N Borders Y Bridges Y Brooks N Brown N Buck
N Buckner
N Bulloch Y Bunn Y Burkhalter N Byrd Y Callaway N Campbell N Cash N Channell N Childers N Clark Y Coan N Coleman, B
Coleman, T N Connell N Cooper N Cox N Crawford N Cummings Y Davis, M

N Davis, T Y Day N Dean N DeLoach, B N DeLoach, G Y Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans N Bverett N Felton N Floyd Y Franklin N Golick N Graves N Greene N Grindley Y Hammontree N Hanner N Harbin N Harrell N Heard N Heckstall N Hegstrom N Hembree N Henson N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, H Y Hudson, N

N Hugley Irvin Jackson, B Jackson, L James Jamieson Jenkins Jennings Jones Joyce Kaye Lane Lewis Lord Lucas Maddox Mann Manning Martin, J Martin, J.L Massey McBee McCall McClinton McKinney Millar Mills Mobley Morris Mosley Mueller OTJeal Orrock Parham Parrish Parsons

N Pelote Y Pinholster N Poag N Ponder N Porter N Powell E Purcell Y Ragas N Randall N Ray E Reaves N Heece Y Reed Y Reese N Reichert Y Rice N Richardson N Roberts N Rogers Y Royal Y Sanders N Sauder N Scarlett N Scheid Y Scott N Shanahan N Shaw N Shipp
Sholar N Sims N Sinkfield
Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L

N Smith, L.R N Smith, P N Smith, T N Smith, V N Smyre N Snelling N Snow N Squires N Stallings Y Stancil
N Stanley, P N Stanley-Turner N Stephens N Stokes N Stuckey N Taylor
Teague N Teper N Tillman N Tolbert N Trense N Turnquest Y Twiggs N Unterman N Walker, L
N Walker, R.L N Watson N West N Westmoreland N Whitaker N Wiles Y Williams, J N Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 38, nays 130. The amendment was lost. The following amendment was read:

TUESDAY, FEBRUARY 16, 1999

619

Representatives Stokes of the 92nd moves to amend the Committee substitute to HB 80 as follows:
On line 13 of page 3 delete the "." after the word "violations" and add "punishable by im prisonment for not less than one nor more than five years."
By deleting the "." on line 20 of page 3 and adding "punishable by imprisonment for not less than one nor more than five years."
On line 28 page 3 by deleting the "." and adding "punishable by imprisonment for not less than one nor more than five years.

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

Alien N Anderson N Ashe
Bailey N Bannister N Barnard Y Barnes Y Benefield Y Birdsong
Bohannon
Y Bordeaux Y Borders Y Bridges Y Brooks N Brown N Buck N Buckner Y Bulloch Y Bunn N Burkhalter N Byrd
Y Callaway
N Campbell
N Cash Y Channell N Childers N Clark
Y Coan
N Coleman, B Coleman, T
N Connell N Cooper N Cox N Crawford N Cummings N Davis, M

N Davis, T
N Day N Dean N DeLoach, B
N DeLoach, G
N Dix
N Dixon
Y Dodson
Y Dukes N Ehrhart Y Epps N Evans N Everett N Felton N Floyd N Franklin N Golick N Graves Y Greene N Grindley
N Hammontree Y Hanner N Harbin Y Harrell Y Heard N Heckstall
Y Hegstrom N Hembree N Henson Y Holland Y Holmes
N Houston N Howard N Hudgens N Hudson, H N Hudson, N

Y Hugley
Irvin N Jackson, B Y Jackson, L N James Y Jamieson N Jenkins N Jennings Y Jones N Joyce N Kaye N Lane N Lewis N Lord N Lucas Y Maddox N Mann N Manning Y Martin, J N Martin, J.L
Massey Y McBee Y McCall N McCHnton N McKinney
N Millar
N Mills Y Mobley Y Morris N Mosley
N Mueller
N O'Neal Y Orrock Y Parham Y Parrish
N Parsons

Y Pelote N Pinholster
N Poag
N Ponder Y Porter
N Powell
E Purcell
Y Ragas N Randall N Ray E Reaves N Eeece Y Reed N Reese Y Reichert Y Rice N Richardson
Y Roberts Y Rogers Y Royal Y Sanders
N Sauder
Y Scarlett N Scheid N Scott Y Shanahan Y Shaw N Shipp
Sholar Y Sims
Sinkfield Skipper N Smith, B N Smith, C N Smith, C.W Y Smith, L

N Smith, L.R N Smith, P Y Smith, T N Smith, V Y Smyre N Snelling N Snow Y Squires
Y Stallings N Stancil Y Stanley, P Y Stanley-Turner N Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper N Tillman N Tolbert N Trense N Turnquest Y Twiggs N Unterman Y Walker, L N Walker, R.L Y Watson Y West N Westmoreland N Whitaker N Wiles Y Williams, J N Williams, R Y Wix N Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 66, nays 101.

The amendment was lost.

Representative Martin of the 47th moved that the House reconsider its action in failing to adopt the Stokes amendment.

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

Alien Y Anderson Y Ashe
Bailey
Y Bannister

Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon

Y Bordeaux Y Borders Y Bridges Y Brooks N Brown

Buck Buckner Bulloch Bunn Burkhalter

Y Byrd Y Callaway Y Campbell Y Cash Y Channell

620
Y Childers N Clark Y Coan Y Coleman, B
Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day Y Dean Y DeLoach, B N DeLoach, G
Dix
Y Dixon Y Dodson Y Dukes N Ehrhart Y Epps N Evans Y Everett
Felton Y Floyd N Franklin Y Golick Y Graves
Y Greene Y Grindley

JOURNAL OF THE HOUSE

Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom
N Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard
Y Hudgens Y Hudson, H Y Hudson, N Y Hugley
Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins
N Jennings Y Jones N Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas

Y Maddox N Mann Y Manning Y Martin, J Y Martin, J.L
Massey Y McBee Y McCall Y McClinton
McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley N Mueller Y O'Neal
Y Orrock
Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell E Purcell Y Ragas Y Randall Y Ray

E Reaves Y Reece Y Reed N Reese Y Reichert Y Rice N Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp
Sholar Y Sims Y Sinkfield
Skipper
Y Smith, B Y Smith, C N Smith, C.W Y Smith, L Y Smith, L.H Y Smith, P Y Smith, T N Smith, V Y Smyre

Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L
Y Watson
Y West N Westmoreland Y Whitaker N Wiles Y Williams, J
Williams, R Y Wix N Yates
Murphy, Spkr

On the motion, the ayes were 143, nays 20.

The motion prevailed.

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

Alien Y Anderson Y Ashe
Bailey N Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux
Borders Y Bridges Y Brooks N Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan
Y Coleman, B
Coleman, T
Y Connell

Y Cooper
Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G
Dix
Y Dixon Y Dodson Y Dukes N Ehrhart Y Epps
Y Evans Y Everett Y Felton Y Floyd N Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner
Y Harbin Y Harrell Y Heard Y Heckstall

Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones N Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L
Massey

Y McBee Y McCall Y McClinton Y McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley N Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell
E Purcell Y Ragas N Randall Y Ray E Reaves Y Reece Y Reed N Reese Y Reichert Y Rice

N Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp
Sholar
Y Sims Y Sinkfield
Skipper Y Smith, B Y Smith, C N Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V
Smyre
Y Snelling Y Snow
Y Squires Y Stallings Y Stancil Y Stanley, P

TUESDAY, FEBRUAEY 16, 1999

Y Stanley-Turner
y Stephens
Y Stokes
Y Stuckey
Y Taylor

Teague Y Teper Y Tillman Y Tolbert Y Trense

Y Turnquest Y Twiggs Y Unterman Y Walker, L N Walker, R.L

Y Watson Y West N Westmoreland Y Whitaker N Wiles

621
Y Williams, J Williams, R
Y Wix N Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 149, nays 16.

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 substi tute, was agreed to, as amended.

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

Alien
Y Anderson Y Ashe
Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B
Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G
Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton
Floyd
N Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L
Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y OTsfeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell E Purcell Y Ragas Y Randall Y Ray E Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal N Sanders
Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp
Sholar
Y Sims Y Sinkfield
Skipper
Y Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner
Y Stephens Y Stokes Y Stuckey Y Taylor
Teague
Y Teper
Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L N Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 164, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
The following Resolution of the Senate was read: SR 161. By Senators Hooks of the 14th and Walker of the 22nd

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A RESOLUTION

Relative to adjournment; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General As sembly shall adjourn at 5:00 P.M. on Wednesday, February 17, 1999, and shall reconvene on Monday, February 22, 1999.

BE IT FURTHER RESOLVED that for the duration of the remainder of the 1999 session of the General Assembly until its adjournment sine die, unless otherwise provided by resolution of the General Assembly, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and shall reconvene on the Monday next following.

BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate; and the hour for convening the House on each such Monday may be as ordered by the House.

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

Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B
Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G
Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans
Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane 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 Millar Y Mills Y Mobley Y Morris Y Mosley N Mueller Y Craeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder
Y Porter
Y Powell
E Purcell Y Ragas Y Randall
Ray E Reaves
Reece Y Reed Y Reese 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 Shipp
Sholar Y Sims Y Sinkfield
Skipper Y Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague
Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson
Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 162, nays 1. The Resolution was adopted. By unanimous consent, HB 80 was ordered immediately transmitted to the Senate.

TUESDAY, FEBRUARY 16, 1999

623

Under the general order of business, established by the Committee on Rules, the follow ing Bills of the House were taken up for consideration and read the third time:
HB 261. By Representatives Martin of the 47th, Bordeaux of the 151st and Alien of the 117th:
A bill to amend the Official Code of Georgia Annotated, so as to correct typo graphical, stylistic, capitalization, punctuation, and other errors and omis sions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended.

The following Committee substitute was read and adopted: A BILL

To amend the Official Code of Georgia Annotated, so as to correct typographical, stylis tic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia An notated, as amended; to provide for necessary or appropriate revisions and moderniza tions of matters contained in the Official Code of Georgia Annotated; to repeal portions of the Code which have become obsolete; to delete portions of the Code which have been superseded by subsequent state laws; to provide for and to correct citations in the Offi cial Code of Georgia Annotated and other codes and laws of the state; to rearrange, re number, and redesignate provisions of the Official Code of Georgia Annotated; to provide for other matters relating to the Official Code of Georgia Annotated; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Reserved.

SECTION 1.

y Reserved.

SECTION 2.

SECTION 3.
Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended as follows:
(1) By striking "and is a public school or a private school" and inserting in its place "and which are public schools or private schools" in paragraph (2) of subsection (a) of Code Section 3-3-21, relating to sales of alcoholic beverages near churches, school buildings, or other sites.

Reserved.

SECTION 4.

SECTION 5.
Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended as follows:
(1) By striking "_________, 19_" and inserting in its place "___(date)____, __" and by striking "Dated: _________, 19_" and inserting in its place "Dated: _____________" in the form in subsection (a) of Code Section 5-3-21, relating to notice of appeal to the superior court, form, and service.

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(2) By striking "_________, 19_" and inserting in its place "___(date)____, __" and by striking "Dated: _________, 19_" and inserting in its place "Dated: _____________" each time they appear in the forms in subsections (b) and (d) of Code Section 5-5-42, relating to the forms for motion for a new trial in civil and criminal cases.
(3) By striking "_________, 19_" and inserting in its place "___(date)____, __" and by striking "Dated: _________, 19_" and inserting in its place "Dated: _____________" each time they appear in the forms in paragraphs (1) through (3) of Code Section 5-6-51, relating to the forms used in appeals to the ap pellate courts.

Reserved.

SECTION 6.

SECTION 7.
Title 7 of the Official Code of Georgia Annotated, relating banking and finance, is amended as follows:
(1) By striking "(3), (4), (5), (6), and (9)" and inserting in its place "(4), (5), (6), (7), and (10)" in paragraph (6) of subsection (b) of Code Section 7-1-532, relating to exe cution, contents, and filing of articles of merger or consolidation, notice of merger or consolidation, and filing amendment.
(2) By striking "(3), (4), (5), (6), and (9)" and inserting in its place "(4), (5), (6), (7), and (10)" in paragraph (6) of subsection (b) of Code Section 7-1-551, relating to na tional bank to state bank or trust company conversions, mergers, and consolidation and articles of conversion, merger, or consolidation.

Reserved.

SECTION 8.

SECTION 9.
Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended as follows:
(1) By striking "_________, 19_" and inserting in its place in the form in Code Section 9-10-200, relating to action for recovery of realty
and mesne profits.
(1) By striking "_________, 19_" and inserting in its place "______, __" in the form in Code Section 9-10-202, relating to action to recover money on a judgment.
(3) By striking "_________, 19_" and inserting in its place "_________, __" in the form in Code Section 9-10-203, relating to action for breach of warranty in deed.
(4) By striking "_________, 19_" and inserting in its place "_________, __" in the form in Code Section 9-10-204, relating to action for words.
(5) By striking "_________, 19_" and inserting in its place _" in the form in Code Section 9-11-119, relating to the form of motion to dis
miss, presenting defense of failure to state a claim.
(6) By striking "_________, 19_" and inserting in its place "_________, __" in the form in Code Section 9-11-124, relating to the form of motion for pro duction of documents under Code Section 9-11-34.
(7) By striking "_________, 19_" and inserting in its place "_________, __" in the form in Code Section 9-11-131, relating to the form of judgment on a jury verdict.

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625

(8) By striking "_________, 19_" and inserting in its place "_________, __" in the form in Code Section 9-11-132, relating to the form of judgment on a decision by the court.
(9) By striking "_________, 19_" and inserting in its place "_________, __" each time it appears in the form in Code Section 9-14-6, relating to the form of a writ.
(10) By striking "vexations" and inserting in its place "vexatious" in subsection (a) and by striking "pleading and," and inserting in its place "pleading, and," in subsec tion (d) of Code Section 9-15-15, relating to attorney's fees and expenses assessed in civil actions brought against judicial officers.
SECTION 10.
Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended as follows:
(1) By striking the semicolons and inserting periods in their place at the end of sub sections (b), (c), and (d); by striking "_________, 19_" and inserting in its place " (date)___, __" and by deleting the comma following "spa" in the first undesignated paragraph in the form in subsection (e); and by inserting a comma following "including" in subparagraph (i)(l)(C) of Code Section 10-1-393.2, relating to require ments for health spas.
(2) By striking "_________, 19_" and inserting in its place "_________, ' each time it appears in the written rental agreement in Code Section 10-4-213,
relating to enforcement of a lien without judicial intervention.
(3) By striking "_________, 19_" and inserting in its place "_________, __" and by striking "Dated: _________, 19_" and inserting in its place "Dated: _____________" in the form in Code Section 10-6-142, relating to the statutory form for financial power of attorney.
SECTION 11.
Title 11 of the Official Code of Georgia Annotated, relating to the commercial code, is amended as follows:
(1) By inserting "shall be known and" preceding "may be cited" in Code Section 118-101, relating to the "Uniform Commercial Code-- Investment Securities."
SECTION 12.
Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended as follows:
(1) By inserting "and" at the end of paragraph (6) of subsections (e) and (g) and by replacing the period with "; and" at the end of paragraph (2) of subsection (f) of Code Section 12-3-10, relating to directing persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and regulations and prohibited acts generally.
(2) By inserting "Section" following "U.S.C." in subparagraph (d)(4)(C) and by in serting "Sections" preceding "4321-4347" and "Section" preceding "470" in subsection (n) of Code Section 12-3-55, relating to general provisions and preservation of state owned historic properties.
(3) By striking "paragraph (c)" and inserting in its place "subsection (c) of this Code section" in the introductory language of subsection (b) and by striking the period and inserting in its place "; and" at the end of paragraph (1) of subsection (e) of Code Section 12-5-23.3, relating to notice, privatization, oversight committee, and penalties.

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Reserved.

SECTION 13.

SECTION 14.
Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended as follows:
(1) By striking "_________, 19_" and inserting in its place "_________, __" in the form in Code Section 14-4-101, relating to issuance of certificate of amendment to acquire powers and form.
(2) By striking "_________, 19_" and inserting in its place "_________, _" in the form in Code Section 14-4-102, relating to issuance of certificate of
amendment to surrender powers and form.
(3) By striking "_________, 19_" and inserting in its place "_________, __" in the form in Code Section 14-4-121, relating to issuance of certificate of change of name, principal office, capital stock, or number of directors.

SECTION 15.
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended as follows:
(1) By striking "Georgia or Judge of the Court of Appeals or any superior" and in serting in its place "Georgia, Judge of the Court of Appeals, superior", by striking "Justice on" and "Judge on" and inserting in their place "Justice of" and "Judge of each time they appear, and by deleting the comma following "superior court" in sub section (a.l) of Code Section 15-1-9.2, relating to senior judge status, request for as sistance of senior judge, and compensation.
(2) By striking "empaneled" and inserting in its place "impaneled" each time it ap pears in subsection (b) of Code Section 15-1-12, relating to compensation of probate court judges and clerks for certain services, submission of claims to grand jury, and assessment.
(3) By inserting "of Georgia" after "Judges" in subsection (j) of Code Section 15-6-27, relating to alternative procedure for hiring personnel employed by superior court judges, authority, duties, uniform policies, rules, and regulations, leave, salaries, ex penses, supplies, local supplements, and county employees.
(4) By striking "and" at the end of paragraph (14) of subsection (a) of Code Section 15-6-61, relating to duties of clerks generally and use of computerized record-keep ing system.
(5) By striking "15-6-92" and inserting in its place "15-6-91 and this Code section" in Code Section 15-6-92, relating to continuation of fee system.
(6) By striking "case by case" and inserting in its place "case-by-case" in subsection (d) of Code Section 15-9-1.1, relating to required training courses, filing of certificate of completion, effect of failure to meet training requirements, and payment of and reimbursement of expenses.
(7) By striking 'Vs." and inserting in its place 'V." and by striking "_________, 19_" and inserting in its place "_________, __" in the form in Code Section 15-10-48, relating to the form of statement of claim, verification, and notice.
(8) By striking "vs." and inserting in its place "v." and by striking "_________, 19_" and inserting in its place "__________, __" in the form in Code Section 15-10-50, relating to propounding of interrogatories to judgment debtor, form, con tempt, and authorized discovery procedures.
(9) By striking "President" and inserting in its place "president" in subsection (a) of Code Section 15-10-132, relating to creation of Georgia Magistrate Courts Training Council.

TUESDAY, FEBRUARY 16, 1999

627

(10) By striking "Human Resources" and inserting in its place "Juvenile Justice" in paragraph (1) of subsection (a) of Code Section 15-11-9.1, relating to intake and pro bation services of juvenile courts.
(11) By striking the comma after the word "jail" in subsection (d) of Code Section 15-11-20, relating to place of detention, capital offenders, deprived children, and re cord of detention.
(12) By inserting a comma preceding "relating to" in subparagraph (a)(2)(C.l) of Code Section 15-11-37, relating to designated felony acts, definitions, and restrictive custody disposition.
(13) By striking subsection (a) of Code Section 15-12-83, relating to attendance of stenographer at grand jury proceeding and use of recording device in lieu of stenog rapher, and inserting in its place the following:
"(a) This Code section shall apply to all counties of this state which according to the United States decennial census of 1970 or any future such census have a population ofi
(1) Reserved.
(3}-150,000 or more."
(14) By striking Code Section 15-14-36, relating to penalties for violations, and in serting in its place the following: "15-14-36.

Any persona person who:
(1) Represent thcmaclvca Represents himself or herself as having received a certifi cate or temporary permit as provided for in this article or practice practices as a certified court reporter, without having received a certificate or temporary permit;
(2) Continue Continues to practice as a court rcportcra reporter in this state or se uses any title or abbreviation indicating they arc he or she is a certified court reportcrs reporter, after their ecrtificatca have his or her certificate has been revoked; or
(3) Violate Violates any provision of this article or of subsection (c) or (d) of Code Section 9-11-28
shall be guilty of a misdemeanor. Each day of the offense is a separate misdemeanor."
(15) By striking Code Section 15-16-27, relating to deposit by sheriff in certain counties of cash bonds and reserves of bondspersons in interest-bearing accounts and disposition of interest, and inserting in its place a new Code Section 15-16-27 to read as follows: "15-16-27.

(a) Reserved.
(b) The provisions of subsection (a) of this Code section shall be repealed July 1, 1004.
(c) In counties where the ahcriff exorcised diocrction to deposit funds in one or more interest bearing accounts purauant to subsection (a) of this Code section, and auch funds were on deposit on January 1, 1903, the ahcriff may continue to dcpooit ouch funds purauant to subsection (a) of thia Code acction until July 1, 1004. In auch coun tica, ahcriffa who do not elect to continue dopoaiting fundo pursuant to aubacction (a)

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of thia Code section, or who ccaao depositing such funds pursuant to subsection (a) of this Code section, ahall bo subject to the proviaiona of aubacctiona (c) through (g) of thia Code acction. In ouch counties, sheriffs ahtxll provide a written notice to the Gcor gia Indigent Defense Council within 30 daya following July 1, 1003, stating that funds were on deposit pursuant to thia Code acction on January 1, 1003, and atating whether they have elected to continue dcpooiting fundo pursuant to 3ubacction (a) of thia Code acction or to comply with the provisions of subsections (o) through (g) of thia Code flection. In auch countica, sheriffs may change their election by written notice to the Georgia Indigent Defense Council.
(d) In countica where no funda were on deposit pursuant to subsection (a) of thia Code section on January 1, 1903, sheriffs shall be subject to the proviaions of subsections (c) through (g) of this Code section, effective July 1, 1003.
(eXa) Unless transferred to the appropriate clerk of court, the sheriff shall deposit cash bonds held by the sheriff in one or more interest-bearing trust accounts in invest ments authorized by Code Section 36-80-3 or by Chapter 83 of Title 36.
(Kb) The financial institution in which the funds are deposited shall remit, after ser vice charges or fees are deducted, the interest generated by such funds directly, at least quarterly and within 30 days of receipt, to the Georgia Indigent Defense Council for distribution to the counties pursuant to Article 2 of Chapter 12 of Title 17. With each remittance the financial institution shall send a statement showing the name of the county, deposits and withdrawals from the account or accounts, interest paid, ser vice charges or fees of the bank or other depository, and the net remittance. The Georgia Indigent Defense Council shall allocate all interest received from such funds deposited in interest-bearing trust accounts to the counties pursuant to Article 2 of Chapter 12 of Title 17.
(gXc) In counties where the service charges or fees of the bank or depository would ex ceed the interest received from funds subject to this Code section, the sheriff shall be exempt from subsections (d), (c), and (f) (a) and (b) of this Code section. In such coun ties, the sheriff shall send a v itten notice to the Georgia Indigent Defense Council."
(16) By striking "expressed" ind inserting in its place "express" in Code Section 1516-51, relating to use of sheriffs office name.
(17) By inserting "and" at the end of paragraph (2) of subsection (b) of Code Section 15-18-14, relating to assistant district attorneys, appointment, qualifications, com pensation, personnel actions, and transfers and promotions.
(18) By striking "years" and inserting in its place "years'" in paragraph (4) of sub section (e) of Code Section 15-18-14.1, relating to district attorney investigators.
(19) By striking "across the board" and inserting in its place "across-the-board" in paragraph (1) of subsection (e) of Code Section 15-18-19, relating to state paid per sonnel, powers, policies relating to, authorized leave, and salary schedules.
SECTION 16.
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended as follows:
(1) By striking "of this article" in paragraph (1) of Code Section 16-3-20, relating to justification.
(2) By striking "Title 16" and inserting in its place "this title" in Code Section 16-324.2, relating to immunity from prosecution and exception.
(3) By designating paragraph (1) as paragraph (2) and paragraph (2) as paragraph (1) in subsection (a) of Code Section 16-5-45, relating to interference with custody.

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629

(4) By striking "19-3-4" and "19-3-5" and inserting in their place "19-13-4" and "1913-5" from subsection (e) of Code Section 16-5-94, relating to restraining orders and protective orders.
(5) By deleting "Part 4 of Article 2 of from subparagraph (c)(2)(B) and (c)(2)(C) of Code Section 16-8-41, relating to armed robbery, robbery by intimidation, and tak ing controlled substance from pharmacy in course of committing offense.
(6) By deleting "or" from the end of subparagraph (G) and inserting "or" at the end of subparagraph (I) of paragraph (2) of Code Section 16-9-121, relating to elements of offense.
(7) By designating paragraph (1) as paragraph (2) and paragraph (2) as paragraph (1) of subsection (a) of Code Section 16-10-24.2, relating to obstructing or hindering emergency medical technicians or emergency medical professionals and criminal penalty.
(8) By striking "Brady Handgun Violence Protection Act" and inserting in its place "Brady Handgun Violence Prevention Act" in subsection (b) of Code Section 16-11170, relating to intent to provide state background check law and construction of part.
(9) By striking "5" and inserting in its place "five" in paragraph (4) of subsection (a) and by inserting "of this Code section" following "(a)" in subsection (b) of Code Sec tion 16-12-120, relating to certain acts in public transit buses, rapid rail cars, or sta tions and penalties.
(10) By striking "; provided, further, that the" and inserting in its place ". The" in subparagraph (a)(2)(B) of Code Section 16-12-171, relating to prohibited acts.
(11) By adding a comma after "chapter" in paragraph (1) of subsection (a) of Code Section 16-13-1, relating to drug related objects.
(12) By striking "26-4-4" and inserting in its place "26-4-130" in subsection (g) of Code Section 16-13-41, relating to prescriptions.
(13) By striking "Part 4 of Article 2 of from subsection (c) of Code Section 16-13-46, relating to administrative inspections and warrants.
(14) By deleting paragraph (65.5) of subsection (b) of Code Section 16-13-71, relating to "dangerous drug" defined, containing a definition which is later defined in para graph (68.3) and by redesignating paragraphs (853), (854), and (854.5) as paragraphs (854), (853), and (853.5), respectively.
(15) By striking "the amount specified in Code Section 26-4-112" and inserting in its place "$1,500.00" in subsection (c) of Code Section 16-13-72.1, relating to revocation of dangerous drug permits and forfeiture.
(16) By striking the "(xxxiii)" designation and inserting in its place a new "(xxxiii)" designation in subparagraph (9)(A)(xxxiii) of Code Section 16-14-3, relating to defini tions relative to racketeer influenced and corrupt organizations.
(17) By striking "subsection" and inserting in its place "paragraph" in paragraph (1) of Code Section 16-15-3, relating to definitions relative to street gang terrorism and prevention.
SECTION 17.
Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended as follows:
(1) By striking "_________, 19_" and inserting in its place "_________, in the form in paragraph (3) of subsection (e) of Code Section 17-1-1, relating
to filing of service of pleadings, motions, and other papers.

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(2) By striking "_________, 19_" and inserting in its place "_________, __" each time it appears in the form in Code Section 17-4-45, relating to the form of affidavit for an arrest warrant.
(3) By striking "year 19_" and inserting in its place "year __" in the form in Code Section 17-4-46, relating to the form of warrant for an arrest.
(4) By striking "requirements provide" and inserting in its place "requirements pro vided" in subsection (c) of Code Section 17-4-47, relating to issuance of warrants by video conference, testimony, initial bond hearings, and oaths.
(5) By striking "_________, 19_" and inserting in its place "_________, __" in the form in Code Section 17-7-30, relating to the form of commitment.
SECTION 18.
Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor, is amended as follows:
(1) By striking "19_" and inserting in its place "__" each time it appears in the form in Code Section 18-3-19, relating to forms for attachment.
(2) By striking "beginning _________, 19_," and inserting in its place "begin ning ___(date)___, __," and by striking "_________, 19_" and inserting in its place "_________, __" in the forms in paragraphs (1) through (7) of Code Section 18-4-66, relating to forms for postjudgment garnishment.
(3) By striking "beginning _________, 19_," and inserting in its place "begin ning ___(date)___, __," and by striking "_________, 19_" and inserting in its place "_________, __" in the forms in paragraphs (1) through (3) of Code Section 18-4-118, relating to forms for continuing garnishment.
SECTION 19.
Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended as follows:
(1) By adding "and" after the semicolon in paragraph (3) of Code Section 19-3-2, re lating to who may contract marriage.
(2) By inserting a comma after "44-14-610" in Code Section 19-5-7, relating to trans fer of property after filing of petition and Us pendens notice.
(3) By striking "_________, 19_" and inserting in its place "_________, __" each time it appears in the forms in subsections (a) and (c) and by inserting a colon following "considered is" in the sentence preceding the chart in subsection (c) of Code Section 19-5-12, relating to the form of judgment and decree.
(4) By inserting "Article 1 of preceding "Chapter 6 of Title 12" and by deleting "Part 3 of" preceding "Chapter 4 of Title 26" in paragraph (2) of subsection (a) of Code Section 19-6-28.1, relating to suspension of, or denial of application or renewal of, license for noncompliance with child support order.
(5) By striking paragraph (3) of subsection (b) and inserting in its place the following:
"(3) 'Child abuse' means:
(A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; provided, however, physical forms of discipline may be used as long as there is no physical injury to the child;
(B) Neglect or exploitation of a child by a parent or caretaker thereof;
(C) Sexual abuse of a child; or
(D) Sexual exploitation of a child.

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(E)-However, no child who in good faith is being treated solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that rea son alone, be considered to be an 'abused' child.",
and by striking "Schoolteachers" and inserting in its place "School teachers" in subparagraph (c)(l)(H) of Code Section 19-7-5, relating to reporting of child abuse, when mandated or authorized, content of report, to whom made, immunity from liability, report based upon privileged communication, and penalty for failure to report.
(6) By striking the period at the end of paragraph (1) and inserting in its place "; and" in Code Section 19-7-27, relating to hospital programs for establishment of paternity.
(7) By adding "the 'Georgia Civil Practice Act,'" following "Title 9," in subsection (b) of Code Section 19-7-47, relating to civil action, testimony of mother and alleged fa ther, and default judgments.
(8) By striking "hereof, however," and inserting in its place "hereof; however," each time it appears in subsections (b) through (f) of Code Section 19-8-26, relating to how surrender of parental rights executed, how and when surrender may be with drawn, and forms.
(9) By inserting "Article 1 of preceding "Chapter 6 of Title 12" and by deleting "Part 3 of* preceding "Chapter 4 of Title 26" in paragraph (9) of subsection (a) of Code Section 19-11-9.3, relating to suspension or denial of license for noncompliance with child support order, interagency agreements, and report to General Assembly.
(10) By striking the designations "(i), (ii), and (iii)" and inserting in their place "(A), (B) and (C)", respectively, in paragraph (1) of subsection (c) and by striking "such within" and inserting in its place "such order within" in paragraph (3) of subsection (c) of Code Section 19-11-12, relating to determination of ability to support, review procedures, order adjusting support award amount, and no release from liability due to subsequent financial obligation.
(11) By striking "Chapter 11 of Title 19" and inserting in its place "this chapter" in subsection (b) of Code Section 19-11-14, relating to father's liability for support of child born out of wedlock and full faith and credit to paternity determination by an other state.
(12) By redesignating paragraph (2) as paragraph (3) and paragraph (3) as para graph (2) in subsection (a) of Code Section 19-11-30.2, relating to definitions and in formation from financial institutions.
(13) By striking "19-11-30.11" and inserting in its place "19-11-30.3 or Code Section 19-11-30.6" in Code Section 19-11-30.4, relating to disclosure of information.
(14) By striking "payment;" and inserting in its place "payment; and" in paragraph (3) of Code Section 19-11-58, relating to Department of Human Resources desig nated state information agency and duties.
(15) By striking "_________, 19_" and inserting in its place "_________, __" each time it appears in the form in subsection (b) of Code Section 19-12-3, re lating to certificate of change of name, use as evidence, and form of certificate.
(16) By striking "semi-annually" and inserting in its place "semiannually" in subsec tion (h) of Code Section 19-15-2, relating to child abuse protocol committee, written child abuse protocol, and training of members.
(17) By inserting a comma following "thereafter", by striking "judiciary committees" and inserting in its place "Judiciary Committees", and by inserting "of Representa tives" following "House" in subsection (d) of Code Section 19-15-3, relating to the death of a child, report, investigation, and annual report.

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(18) By striking "House;" and inserting in its place "House of Representatives;" in paragraph (10) of subsection (a) and by inserting "of Representatives" following "House" in subsection (f) of Code Section 19-15-4, relating to the State-wide Child Abuse Prevention Panel.
SECTION 20.
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended as follows:
(1) By striking "with private driver" and inserting in its place "with a private driver" in Code Section 20-2-257, relating to grants for driver education courses for secondary school students.
(2) By striking "Code Section 20-2-984.5" and inserting in its place "this Code Sec tion" in subsection (f) of Code Section 20-2-984.5, relating to preliminary investiga tions, disciplinary actions, and hearings of the Professional Standards Commission.
(3) By striking "20-2-790" and inserting in its place "20-2-984.5" in subsection (a) of Code Section 20-2-989.7, relating to matters not subject to complaint.
(4) By striking "Practices" and inserting in its place "Standards" in subsection (c) of Code Section 20-2-1000, relating to limitation on civil damages for disciplining stu dent, "educator" defined, frivolous or nonmeritorious actions, and legal counsel for the educator.
(5) By striking "_________, 19_" and inserting in its place "_________, __" in the form in subsection (d) and by inserting "federal" preceding "Education" in subsection (f) of Code Section 20-2-1160, relating to local boards to be tribunals to determine school law controversies, appeals, and special provisions for disabled children.
(6) By striking "subsection" and inserting in its place "Code section" in the introduc tory language of Code Section 20-2-2067, relating to reprisals by local boards or school system employees prohibited.
(7) By striking "Chapter 2 of this title" and inserting in its place "this chapter" in subsection (d) of Code Section 20-2-2068, relating to amendment and termination of a charter, allotment of funds, and annual report.
(8) By striking ". Provided however the" and inserting in its place "; provided, how ever, the" in paragraph (4) and by inserting "of Article 1" following "Part 2" and de leting "Part 3 or preceding "Chapter 4" in paragraph (8) of subsection (a) of Code Section 20-3-295, relating to corporation to maintain certified list of borrowers in de fault, administrative hearings, and appeals.
(9) By striking "semester's" and inserting in its place "semesters'" in paragraph (1), by striking "subsection (2)" and inserting in its place "paragraph (2)" in subparagraphs (C) and (D) of paragraph (7), and by striking "Sec." and inserting in its place "Section" in paragraph (25) of Code Section 20-3-519, relating to definitions relative to the HOPE scholarships and grants.
(10) By striking "of 'The Drug-Free Postsecondary Education Act of 1990,'" and in serting in its place "of the 'Drug-Free Postsecondary Education Act of 1990,'" in par agraph (5) of Code Section 20-3-519.1, relating to ineligibility for HOPE scholarships or grants.
(11) By striking the period and inserting in its place a semicolon at the end of para graph (1) of subsections (c) and (d) of Code Section 20-3-519.3, relating to eligibility requirements for a HOPE scholarship at a private postsecondary institution.
(12) By deleting "or" at the end of paragraph (2) of subsection (a) and by striking "account" and inserting in its place "subaccount" in subsection (c) of Code Section 20-3-519.7, relating to PROMISE teacher's scholarships.

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(13) By striking "account" and inserting in its place "subaccount" in subsection (c) of Code Section 20-3-519.8, relating to HOPE teacher's scholarships.

Reserved.

SECTION 21.

SECTION 22.
Title 22 of the Official Code of Georgia Annotated, relating to eminent domain, is amended as follows:
(1) By striking "_________, 19_" and inserting in its place "_________, in the form in Code Section 22-2-104, relating to the form to be used in ap
pointing a special master.
(2) By striking "_________, 19_" and inserting in its place "_________, __" in the form in Code Section 22-2-105, relating to the appointment and oath of the special master.

Reserved.

SECTION 23.

Reserved.

SECTION 24.

SECTION 25.
Title 25 of the Official Code of Georgia Annotated, relating to fire safety and protection, is amended as follows:
(1) By striking "25-3-13" and inserting in its place "25-2-13" in Code Section 25-215, relating to buildings presenting special hazards to persons or property, issuance of temporary occupancy permits, and time limits for compliance with chapter.

SECTION 26.
Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended as follows:
(1) By inserting "and" following "doves," in paragraph (3) of Code Section 26-2-410, relating to definitions relative to sale of meat, poultry, or seafood from mobile vehicles.
(2) By deleting "Part 6 of Article 2 of in subsection (a) of Code Section 26-3-22, re lating to other laws unaffected by chapter.
(3) By striking "well being" and inserting in its place "well-being" in paragraph (5), by inserting a comma following "16-13-29" in paragraph (6), by striking "subparagraphs" and inserting in its place "subparagraph" in subparagraph (D) of paragraph (12), by redesignating paragraphs (13) and (14) as paragraphs (14) and (13), respec tively, by striking the semicolon and inserting in its place a period at the end of paragraph (15), by redesignating paragraphs (22) and (23) as paragraphs (23) and (22), respectively, by striking "paragraph (7)" and inserting in its place "paragraph (6)", by striking "paragraph (8)" and inserting in its place "paragraph (7)" and by striking "Federal" and inserting in its place "federal" in paragraph (35), and by striking "drug-related" and inserting in its place "drug related" in paragraph (39) of Code Section 26-4-5, relating to definitions relative to the "Georgia Pharmacy Prac tice Act."
(4) By inserting a comma following "compounding" in paragraph (10) and by strik ing "board," and inserting in its place "board and" in paragraph (15) of subsection (a), by striking "this section" and inserting in its place "this Code section" and by

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striking "such Act" and inserting in its place "such chapter" twice in paragraph (2) of subsection (c), and by striking "Recovery" and inserting in its place "recovery" in the introductory language of paragraph (5) of subsection (c) of Code Section 26-4-28, relating to powers, duties, and authority of the State Board of Pharmacy.
(5) By striking "Chapters 3 and 4" and inserting in its place "Chapter 3 of this title and this chapter" in paragraph (5) of subsection (b), by striking "(c)" and inserting in its place "(c)(l)", by redesignating paragraph (1) as paragraph (2), by redesignating paragraph (2) as subsection (c.l), and by striking "Chapters 3 and 4" and inserting in its place "Chapter 3 of this title and this chapter" in the newly redesignated para graph (1) of subsection (c) of Code Section 26-4-29, relating to the Georgia Drugs and Narcotics Agency; continuance; appointment, requirements, and duties of direc tor; power to make arrests; report of violations of drug laws; and dangerous drug list.
(6) By striking "record keeping" and inserting in its place "record-keeping" in sub section (b), by striking "this artirle" and inserting in its place "Article 3 of this chap ter" each time it appears in subsection (i), by striking "this part" and inserting in its place "Article 3 of this chapter" in subsection (i), and by striking "this part" and in serting in its place "Article 3 of this chapter" each time it appears in subsection (k) of Code Section 26-4-60, relating to grounds for suspension, revocation, or refusal to grant licenses.
(7) By striking "ten days notice of any hearing held under this subsection" and in serting in its place "ten days' notice of any hearing held under this Code section" in Code Section 26-4-61, relating to temporary suspension of licenses, notice, and disci plinary hearings.
(8) By striking "schedule" and inserting in its place "Schedule" each time it appears throughout this Code section and by adding a comma following "the quantity of the drug dispensed" in subsection (e) of Code Section 26-4-80, relating to dispensing, electronically transmitted drug orders, refills, and Schedule II controlled substance prescriptions.
(9) By striking "shall sells or dispenses" and inserting in its place "shall sell or dis pense" in Code Section 26-4-89, relating to selling drugs in vending machines prohibited.
(10) By deleting the comma following "article" in subsection (b) of Code Section 264-110, relating to pharmacy licenses, classifications, applications, fees, investiga tions, and prescription department requirements.
(11) By inserting "Georgia" preceding "Drugs" in subsection (d) of Code Section 26-4116, relating to emergency service providers, contracts with issuing pharmacy, re cord keeping, and inspections.
(12) By inserting "or her" following "his" in paragraph (5) of subsection (a) of Code Section 26-4-144, relating to participating pharmacies, claim reimbursements, and cancellation of contracts.
(13) By inserting "or her" following "his" in subsection (d) of Code Section 26-4-146, relating to administrator, registration, and bond.
SECTION 27.
Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended as follows:
( ) By striking the semicolons and inserting in their place periods at the end of paragraphs (13.1) and (13.2) of Code Section 27-1-2, relating to definitions relative to game and fish.

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635

(1) By striking "_________, 19_" and inserting in its place " (date)____, __" in subsection (c) of Code Section 27-2-16, relating to commercial quail breeder permits, maintenance of records by holders, and selling and transporting of pen raised quail generally.
(2) By adding "and" at the end of paragraph (8) of Code Section 27-3-4, relating to legal weapons for hunting wildlife generally.
(3) By striking "in Code Sections 27-4-52 and 27-4-53" and inserting in its place "pursuant to Code Section 27-4-51" in Code Section 27-4-6, relating to the use of minnow seines.
(4) By striking "(e)(5)(A) and (e)(5)(B) of this Code section" and inserting in its place "(A) and (B) of paragraph (5) of this subsection" in paragraph (6) of subsection (e) of Code Section 27-4-150, relating to taking, possessing, and dealing in crabs and peelers and required records.
(5) By deleting "at any time" the second time it appears in paragraph (2) of subsec tion (c) of Code Section 27-4-170, relating to sport bait shrimping.

Reserved.

SECTION 28.

Reserved.

SECTION 29.

Reserved.

SECTION 30.

SECTION 31.
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended as follows:
(1) By striking "26-4-123" and inserting in its place "26-4-116" in Code Section Si ll-12, relating to contracts between emergency service providers and pharmacies for furnishing dangerous drugs and controlled substances.
(2) By striking "_________, 19_" and inserting in its place "_________, __" in the form in subsection (a) of Code Section 31-36-10, relating to the form of power of attorney for health care and authorized powers.

SECTION 32.
Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended as follows:
(1) By striking Code Section 32-6-3, relating to deposit of driver's license with ar resting officer in lieu of bail or incarceration, driver's failure to appear before proper judicial officer, and applicability of Code section to foreign licenses, which is impliedly repealed by Ga. L. 1996, p. 1624, Section 2; Code Section 17-6-11; effective September 1, 1998, and inserting in its place the following:
"32-6-3.

Reserved.
(a) Any other laws of this state to the contrary notwithstanding, any person arrested by an officer charged with enforcement of the provisions of this title limiting the dimensions of vehicles and loads operating on the public roads of thia atatc, upon be ing served with the official aummona iasucd by auch arresting officer, in lieu of being immediately brought before the proper magistrate, recorder, or other judicial officer to

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enter into a formal recognizance or deposit a proper sum of money in lieu of n recogni zance or incarceration, may, upon agreement with the arresting officer, deposit hia driver's license with the arresting officer in lieu of bail, entering into a recognizance for hia appearance for trial an act out in the aforcoaid oummons, or being incarcerated by the arresting officer and held for further action by the appropriate judicial officer. A receipt for the drivcr'a liccnac 30 deposited ahall be given to such person by the ar resting officer; and thereafter aaid person shall be permitted to use the receipt to oper ate a motor vehicle upon the highways of thia state during the pendency of the caac in which the license was deposited unless his license is otherwise revoked, suspended, or canceled, provided that auch receipt shall in no event be valid for more than 46 days. The aummona duly ocrvod as provided in this subsection ahall give the judicial officer jurisdiction to dispose of the matter.

(b) Upon receipt of a liccnac aa bail aa provided in subsection (a) of this Code acction, the officer may rclcaac the person 90 charged to await hia court appearance before the proper judicial officer a3 provided for and required by the aummons. If the driver fails to appear and anawcr to the charge against him, the court in which the charge is lodged shall immediately forward to the Department of Public Safety the liccnac which was dcpooitcd in lieu of bail. The commissioner of public safety shall, upon receipt of a liccnac ao forwarded by the court, suapcnd the drivcr'a liccnac and driving privilege of the defaulting driver until notified by the court that the charge against such driver has been finally adjudicated.

(e) A valid liccnac from a foreign atatc may be accepted for purpo3ca of this Code sec tion if there exists on agreement for that purpose between the commissioner of public aafcty and such foreign atatc. Such foreign license ahall be handled in accordance with thoac reasonable rules and regulations promulgated by the Board of Public Safety for that purpose."
( ) By deleting the "(a)" designation from Code Section 32-6-75.2, relating to au thority of commissioner to issue permits for trimming trees and vegetation on state rights of way.

SECTION 33.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended as follows:
(1) By striking "Code.' Such" and inserting in its place "Code,' which" in subsection (a) of Code Section 33-20-5, relating to procedure for formation of health care corpo rations and regulation and supervision of corporations by Commissioner generally.
(2) By striking "Title 33" and inserting in its place "this title" in paragraph (4) and by striking "purpose of this section" and inserting in its place "purposes of this Code section" in paragraph (7) of Code Section 33-20B-2, relating to definitions relative to the "Essential Rural Health Care Provider Access Act."
(3) By striking "Title 33" and inserting in its place "this title" in Code Section 3320B-5, relating to hearing and appeal rights of denied providers.

Reserved.

SECTION 34.

SECTION 35.
Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended as follows:
(1) By striking "director or public" and inserting in its place "director of public" in Code Section 35-10-6, relating to procedure for obtaining permission to use nomen clature or symbols and discretion of local governing body.

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SECTION 36.
Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended as follows:
(1) By striking "environmental or" and inserting in its place "or environmental" in subsection (d) and by striking "hereunder" and inserting in its place "under this Code section" in subsection (e) of Code Section 36-1-19.1, relating to appropriations for charitable grants or contributions in counties having populations of 400,000 or more and boards or councils to establish procedures and advise governing authorities.
(2) By striking "_________, 19_" and inserting in its place "_________, __" in subsection (a) of Code Section 36-11-5, relating to the interest on orders presented and not paid.
(3) By deleting "other than municipal courts of a unified or consolidated government that have been given jurisdiction as provided in Code Section 36-32-10.2" from sub section (a) of Code Section 36-15-9, relating to collection of additional costs in court cases, amount, determination of need as prerequisite to collection, and collection in certain criminal cases.
(4) By inserting "may be" preceding "leased or sold" in the first sentence of subsec tion (d) of Code Section 36-60-21, relating to contracts with private companies to construct and operate private toll roads and bridges to facilitate public transporta tion without additional tax revenues.
(5) By inserting "United States" preceding "decennial" in subsection (a) and by in serting "rate of between "average" and "unemployment" in subsection (c) of Code Section 36-88-6, relating to criteria for enterprise zone.

Reserved.

SECTION 37.

Reserved.

SECTION 38.

Reserved.

SECTION 39.

SECTION 40.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended as follows:
(1) By striking paragraph (3) of subsection (a) of Code Section 40-2-20, relating to registration and license requirements and penalties.
(2) By striking "_________, 19_" and inserting in its place "_________, __" in the form in Code Section 40-6-374, relating to the form of adopting an ordinance.

Reserved.

SECTION 41.

SECTION 42.
Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended as follows:

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(1) By inserting "and" preceding "employment" and by striking "data, and" and in serting in its place "data and" in subparagraph (b)(3)(C), by striking "the residence" and inserting in its place "his or her residence" in subparagraph (d)(l)(D), and by striking "herein" and inserting in its place "in this Code section" in paragraph (3) of subsection (i) of Code Section 42-1-12, relating to State Sexual Offender Registry.
SECTION 43.
Title 43 of the Official Code of Georgia annotated, relating to professions and business, is amended as follows:
(1) By inserting "43-1-11 and Code Section" after "through" each time it appears in Code Section 43-1-12, relating to the duty of joint-secretary to inform applicants of availability of veteran credit and rules and regulations for implementing veteran credit program.
(2) By striking "'The Professional Association Act,'" and inserting in its place "'The Georgia Professional Association Act,'" in Code Section 43-1-24, relating to licensed professionals subject to regulation by state examining board.
(3) By striking the period and inserting in its place a colon in paragraph (10) of sub section (a) of Code Section 43-10A-17, relating to enforcement of chapter.
(4) By deleting the comma after "structure" in paragraph (1) and by striking "'Die tetic Practice,' 'Dietetics,' and 'Medical Nutrition Therapy'" and inserting in its place "'dietetic practice,' 'dietetics,' and 'medical nutrition therapy'" in the undesignated paragraph following subparagraph (E) of paragraph (4) of Code Section 43-11A-3, re lating to definitions relative to the "Dietetics Practice Ace."
(5) By striking "community/public" and inserting in its place "community or public" in paragraph (1) of subsection (a) of Code Section 43-11A-4, relating to creation of board.
(6) By striking "article" and inserting in its place "chapter" and by striking "them selves" and inserting in its place "himself or herself in subsection (a) of Code Sec tion 43-11A-16, relating to license requirement.
(7) By inserting "shall be known and" after "chapter" in Code Section 43-13-1, relat ing to short title.
(8) By inserting "plumbers" after "journeyman" in paragraph (12) of Code Section 43-14-2, relating to definitions.
(9) By striking "practices" and inserting in its place "practice" in subparagraph (C) of paragraph (1) and by striking "(professional engineers' examination)" and in serting in its place "(professional engineer's examination)" in subparagraph (C) of paragraphs (1) through (4) in Code Section 43-15-9, relating to professional engineer certificate of registration and eligibility.
(10) By striking "in no event to exceed" and inserting in its place "not more than" in subsection (a) of Code Section 43-15-26, relating to cease and desist orders and civil penalties for violation of order.
(11) By striking "subdivision" and inserting in its place "subdivisions" in paragraph (3) of subsection (b) of Code Section 43-15-29, relating to exceptions to operation of chapter.
(12) By striking "'Fund raising counsel'" and inserting in its place "'Fundraising counsel'" and by striking "fund-raising" and inserting in its place "fundraising" in paragraph (8) of Code Section 43-17-2, relating to definitions.
(13) By inserting a comma after "optometrist" in subsection (c) of Code Section 4329-18, relating to construction of chapter.
(14) By striking "one's self" and inserting in its place "oneself in paragraph (3) of Code Section 43-34-20, relating to definitions.

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(15) By striking "(b.l) of Code Section 26-4-4" and inserting in its place "(b) of Code Section 26-4-130" in subparagraph (b)(2)(B) and in the undesignated text at the end of paragraph (3) of subsection (b) of Code Section 43-34-26.1, relating to delegation of authority to nurse or physician's assistant.
(16) By striking "was denied" and inserting in its place "been denied" in paragraph (5) of subsection (a), by striking the period at the end of paragraph (13) and in serting in its place a colon, by striking the period and inserting in its place a semi colon at the end of subparagraph (A) of paragraph (13), and by striking the period and inserting in its place "; and" at the end of subparagraph (B) of paragraph (13) of subsection (a) of Code Section 43-34-37, relating to authority to refuse license or dis cipline physician and enforcement investigations.
(17) By deleting "Part 3 of Article 2 or in subsection (e) and by striking "26-4-2" and inserting in its place "26-4-5" in paragraph (1) of subsection (e.l) of Code Sec tion 43-34-103, relating to application for assistant, number of assistants, new job descriptions, scope of duties, employment by nonpracticing physicians, and delegated authority.
(18) By striking "in 1994" and inserting in its place "on July 1, 1994," and by strik ing "governor" and inserting in its place "Governor" in Code Section 43-35-5, relat ing to members of board, appointment, oath, and removal.
(19) By striking "Persons" and inserting in its place "Any person" and by inserting a comma after "paragraph" in paragraph (2) of Code Section 43-39-7, relating to prac ticing without a license.
(20) By striking the period and inserting in its place a semicolon at the end of para graph (2) of subsection (b) of Code Section 43-39-8, relating to application for license.
(21) By inserting a comma preceding "provided" in Code Section 43-39-20, relating to immunity from civil and criminal liability for certain good faith actions.
(22) By striking "10 days" and inserting in its place "ten days" each time it appears in subsection (b) of Code Section 43-45-24.1, relating to civil penalty, negotiated set tlements, hearings and procedures, disposition of penalties, judicial review, and judgments.
(23) By inserting "and may be cited" after "known" in Code Section 43-47-1, relating to short title.
(24) By inserting "shall be known and" after "chapter" in Code Section 43-50-1, re lating to short title.
(25) By deleting "Part 3 of Article 2 of from subsection (d) of Code Section 43-50-54, relating to limitations as to performance of duties.
(26) By inserting "shall be known and" after "chapter" in Code Section 43-51-1, re lating to short title.
SECTION 44.
Title 44 of the Official Code of Georgia Annotated, relating to property, is amended as follows:
(1) By striking "_________, 19_" and inserting in its place "_________, __" in the form in subsection (b) of Code Section 44-2-67, relating to issuance and service of process or summons, service by publication, notice to nonresidents, re quest for petition, and guardians ad litem.
(2) By striking "_________, 19_" and inserting in its place "_________, in the form in Code Section 44-2-221, relating to the form of the petition to
register land.

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(3) By striking "_________, 19_" and inserting in its place ' each time it appears in the form in Code Section 44-2-222, relating to the form
of process.
(4) By striking "_________, 19_" and inserting in its place "_________, __" each time it appears in the form in Code Section 44-2-223, relating to adver tisement to petition to register land.
(5) By striking "_________, 19_" and inserting in its place "_________, __" in the form in Code Section 44-2-224, relating to acknowledgment of service.
(6) By striking "_________, 19_" and inserting in its place "_________, __" in the form in Code Section 44-2-225, relating to the form for the sheriffs return.
(7) By striking "_________, 19_" and inserting in its place "_________, __" each time it appears in the form in Code Section 44-2-226, relating to the cer tificate of mailing and the entry of such certificate on the petition.
(8) By striking "_________, 19_" and inserting in its place "_________, __" in the form in Code Section 44-2-227, relating to the form used in appointing examiners.
(9) By striking "_________, 19_" and inserting in its place "_________, __" in the form in Code Section 44-2-228, relating to the oath of the examiner.
(10) By striking "_________, 19_" and inserting in its place "_________, __" in the form in Code Section 44-2-229, relating to the referral of a petition to an examiner.
(11) By striking "_________, 19_" and inserting in its place "_________, __" in the form in Code Section 44-2-230, relating to the preliminary report and schedules of an examiner.
(12) By striking "_________, 19_" and inserting in its place "_________, __" in the form in Code Section 44-2-231, relating to the final report of an examiner.
(13) By striking "_________, 19_" and inserting in its place "_________, __" in the form in Code Section 44-2-232, relating to the decrees of title.
(14) By striking "_________, 19_" and inserting in its place in paragraph (4) of subsection (a) of Code Section 44-2-233, relating to the
book of decrees and an index thereto.
(15) By striking "_________, 19_" and inserting in its place "_________, __" each time it appears in the form in Code Section 44-2-234, relating to title reg ister book, registered title number, and index of title register.
(16) By striking "_________, 19_" and inserting in its place "_________, __" in the form in subsection (a) of Code Section 44-2-240, relating to the owner's certificate of title.
(17) By striking "_________, 19_" and inserting in its place "_________, __" each time it appears in the forms and by inserting "the" preceding "presence" in the first form in Code Section 44-2-241, relating to the transfer of whole of regis tered estates, undivided interests, divided portions, and to secure debt, with power of sale.
(18) By striking "_________, 19_" and inserting in its place "_________, __" each time it appears in the forms in subsections (a) and (c) of Code Section 442-242, relating to creditor's certificate and endorsement of certificate.
(19) By striking "_________, 19_" and inserting in its place "_________, __" in the form in subsection (a) of Code Section 44-2-244, relating to the judge's order of transfer.

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(20) By striking "_________, 19_" and inserting in its place "_________, ' in the form in subsection (a) of Code Section 44-2-245, relating to registration
and recordation of mortgages.
(21) By striking "19_" and inserting in its place "__" each time it appears in the form in Code Section 44-2-246, relating to notation of delinquent taxes or assessments.
(22) By striking "_________, 19_" and inserting in its place in the form in Code Section 44-2-247, relating to notation of judgment.
(23) By striking "_________, 19_" and inserting in its place "_________, __" in the form in subsection (a) of Code Section 44-2-248, relating to notation of special right, notice of lis pendens, and recordation and notation of lengthy descriptions.
(24) By striking "_________, 19_" and inserting in its place "_________, __" in the form in Code Section 44-2-250, relating to a request to cancel entries.
(25) By striking "_________, 19_" and inserting in its place "_________, __" in Code Section 44-2-252, relating to updating entries and notations on owner's certificate and a clerk's endorsement.
(26) By striking "_________, 19_" and inserting in its place "_________, __" in the form in subsection (b) of Code Section 44-7-21, relating to written bro kerage agreement as binding obligation and notice of commission rights form.
(27) By striking "_________, 19_" and inserting in its place "_________, __" in the notice form in Code Section 44-13-7, relating to publication and form of notice of application.
(28) By striking "_________, 19_" and inserting in its place "_________, __" in Code Section 44-13-11, relating to approval of application, transmittal of copy of exempted real property to other counties, recordation, and evidentiary value.
(29) By striking "_________, 19_" and inserting in its place "_________, __" in the form in subsection (c) of Code Section 44-14-67, relating to cancellation of deed as reconveyance of title.
(30) By striking "_________, 19_" and inserting in its place "_________, __" each time it appears in the form in subsection (d) of Code Section 44-14-232, relating to summons, service on defendant, debtor's duty to notify creditor of ad dress changes, and form.
(31) By striking "_________, 19_" and inserting in its place "_________, __" in the form in subsection (e) of Code Section 44-14-233, relating to answer, re opening the default, granting writ upon default, trial, and order to turn over prop erty to sheriff.
(32) By striking "_________, 19_" and inserting in its place "_________, __" in the form in the introductory language of subsection (c) of Code Section 4414-320, relating to certain liens established and removal of nonconforming liens.
(33) By striking "_________, 19_" and inserting in its place ' in the form in subsection (b) of Code Section 44-14-362, relating to cancellation
of preliminary notice upon final payment and form of cancellation.
(34) By striking "_________, 19_" and inserting in its place "_________, __" each time it appears in the forms in subsections (c) and (d) and in subparagraph (f)(2)(C) and by striking "acknowledgement" and inserting in its place "ac knowledgment" in subparagraph (f)(2)(B) in Code Section 44-14-366, relating to waiver of lien or claim upon bond in advance of furnishing labor, services, or materi als void; interim waiver and release upon payment; unconditional waiver and re lease upon final payment; and affidavit of nonpayment.

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SECTION 45.
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employ ees, is amended as follows:
(1) By striking "required including" and inserting in its place "required, including" in subsection (d) of Code Section 45-9-110, relating to authorization for consolida tion, billing procedure, reserve fund, investment of funds, contracting for services, and provision of unemployment compensation benefits to certain county employees.
(2) By striking "_________, 19_" and inserting in its place "_________, __" in the form in paragraph (2) of subsection (d) of Code Section 45-17-2.1, relat ing to application to be a notary and endorsements and declarations.
(3) By striking "article employees," and inserting in its place "article of employees," by striking "solicitor," and inserting in its place "solicitor" each time it appears, by striking "commissioners; and" and inserting in its place "commissioners and", and by striking "same" after "remit" in subsection (b) of Code Section 45-18-5, relating to county officers and employees.
(4) By striking "strike. Provided," and inserting in its place "strike; provided," and by striking "this act" and inserting in its place "this article" in Code Section 45-19-2, relating to public employees not to promote, participate in, or encourage strikes.
(5) By striking "officer of employee" and inserting in its place "officer or employee" in subsection (c) of Code Section 45-24-6, relating to notice to chief executive officer of state departments, response required, proceedings when continued employment available, and review of termination or separation.
SECTION 46.
Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended as follows:
(1) By striking "_________, 19_" and inserting in its place "_________, __" each time it appears in the form in paragraph (1) of subsection (e) of Code Section 46-3-322, relating to filing articles of incorporation, issuance of certificate of incorporation, forwarding of copy of certificate to clerk of superior court, rejection of articles of incorporation, publication of notice, and commencement of corporate existence.
(2) By striking "_________, 19_" and inserting in its place "_________, __" in the form in subsection (a) of Code Section 46-3-423, relating to procedure after filing statement of intent to dissolve.
(3) By striking "_________, 19_" and inserting in its place "_________, __" in the form in subsection (c) of Code Section 46-3-468, relating to application for reinstatement of certificate of authority.
(4) By striking "_________, 19_" and inserting in its place "_________, 1 each time it appears in the form in Code Section 46-5-75, relating to certificate
of the Secretary of State.
(5) By striking "communication" and inserting in its place "communications" and by striking "staff to a 911 communication" and inserting in its place "staff of a '911' communications" in subsection (c) of Code Section 46-5-124, relating to guidelines for implementing state-wide emergency telephone number "911" system and training and equipment standards.
(6) By striking "an enhanced wireless" and inserting in its place "a wireless en hanced" in subparagraph (b)(l)(A) of Code Section 46-5-133, relating to authority of local government to adopt resolution to impose monthly "911" charge.
(7) By striking "911 charges" and inserting in its place "911 charge" in paragraph (1) and subparagraphs (A) and (B) of paragraph (2) of subsection (a), by striking "enhanced wireless" and inserting in its place "wireless enhanced" each time it ap-

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pears in paragraph (4) of subsection (d), and by striking "provision" and inserting in its place "provisions" and by deleting the comma after "charge" in subsection (i) of Code Section 46-5-134, relating to billing of subscribers, liability of subscriber for service charge, taxes on service, establishment of Emergency Telephone System Fund, records, and use of federal, state, municipal, or private funds.
(8) By deleting ", and no confirmation card, as described in subparagraph (a)(4)(H) or (a)(4)(I) of this Code section requiring the customer to deny or cancel a service or der, may be sent out with any information package related to a customer's request for information" from subsection (f) of Code Section 46-5-183, relating to procedures for confirmation of changes in selection of a primary local exchange or long distance carrier generated by telemarketing.
(9) By striking "_________, 19_" and inserting in its place "_________, __" in the form in subsection (a) of Code Section 46-8-42, relating to certificate of incorporation, duration of corporate existence, and fee for issuance of certificate.
(10) By striking "_________, 19_" and inserting in its place "_ _" in the form in Code Section 46-9-230, relating to the manner of incorporation
of express companies.

Reserved.

SECTION 47.

SECTION 48.
Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended as follows:
(1) By adding a comma after "ad valorem taxes" and by inserting a comma following "not yet disbursed" in subparagraph (b)(3)(A) of Code Section 48-2-44, relating to penalty and interest on failure to file return or pay revenue held in trust for state, penalty and interest on willful failure to pay ad valorem tax, and distribution of penalties and interest.
(2) By striking "Procedures Act" and inserting in its place "Procedure Act" in sub sections (f) and (g) of Code Section 48-2-105, relating to written notice to eligible re cipients, contents, written objection to settlement, conference before commissioner or designee, determination of amount due, procedure for other disputes, and appeal.
(3) By striking "quality and nature" and inserting in its place "quality or nature" in subsections (a) and (d) and by striking "_________, 19_" and inserting in its place "_________, __" each time it appears in the forms in subsections (b) and (e) of Code Section 48-3-14, relating to petition to reduce execution to judgment and procedures for nonresident.
(4) By striking "_________, 19_" and inserting in its place "_________, __" each time it appears in the notice in subsection (a) of Code Section 48-4-46, re lating to form of notice of foreclosure of right to redeem, service, time, return and record, and waiver.
(5) By striking '"Interested Party'" and inserting in its place "'Interested party'" in subparagraph (C) of paragraph (1) of Code Section 48-4-77, relating to definitions relative to ad valorem tax foreclosures.
(6) By striking paragraphs (3) and (4) of subsection (b) of Code Section 48-4-79, re lating to a judicial hearing on petition, orders, priority of claims, and death of inter ested party, and inserting in their place the following:

"(3) The holders of caacmonta Easements and rights of way described in Code Sec tion 18 3 0 rights of way of holders who are not interested parties under subpara graph (C) of paragraph (1) of Code Section 48-4-77; and

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(4) The holders of the benefits Benefits or burdens of any real covenants filed of re cord as of the date of filing of the petition."
(7) By striking "lien holder" and inserting in its place "lienholder" each time it ap pears in subsection (c) of Code Section 48-4-80, relating to redemption by owner or other interested party.
(8) By inserting "of subsection (a)" following "paragraph (10)" in paragraphs (3) and (4) of subsection (a) of Code Section 48-5-41.1, relating to exemption of qualified farm products from taxation.
(9) By striking "sixty-five (65)" and inserting in its place "65", by striking "State" and inserting in its place "state", and by striking "above exempted" and inserting in its place "above-exempted" in subsection (b) of Code Section 48-5-47, relating to ap plications for homestead exemptions of individuals 65 or older.
(10) By striking "5" and inserting in its place "five" in paragraph (3) of subsection (a) of Code Section 48-5-47.1, relating to homestead exemptions for individuals 62 or older with annual incomes not exceeding $30,000.00
(11) Reserved.
(12) By striking "48-5-3111" and inserting in its place "48-5-311" in subsection (d) of Code Section 48-5-48.1, relating to the tangible personal property inventory exemp tion, application, failure to file application as waiver of exemption, and denials.
(13) By striking "county," and inserting in its place "county" in paragraph (7) of Code Section 48-5-103, relating to duties of tax receivers.
(14) By striking the semicolons and inserting in their place periods at the end of subparagraphs (A) and (B) of paragraph (11); by striking "the purchase, replace ment, and maintenance of school lunchroom equipment, purchase of school lunch room supplies, transportation, storage, and preparation of foods, all other costs" and inserting in its place "the: purchase, replacement, and maintenance of school lunch room equipment; purchase of school lunchroom supplies; transportation, storage, and preparation of foods; and all other costs" in paragraph (18) of Code Section 48-5-220, relating to purposes of county taxes.
(15) By striking "case by case" and inserting in its place "case-by-case" in subsection (c) of Code Section 48-5-242, relating to waiver of penalties due on unpaid taxes.
(16) By striking "division" and inserting in its place "subdivision" in subdivision (b)(l)(A)(i)(I) of Code Section 48-5-269, relating to authority to promulgate rules and regulations regarding uniform books, records, forms, and manuals and limits on change in current use value of conservation use property.
(17) By striking "Notwithstanding Code Section 50-18-74, failure" and inserting in its place "Failure" in paragraph (3) of subsection (a) of Code Section 48-5-314, relat ing to confidentiality of certain taxpayer records.
(18) By striking "insure" and inserting in its place "ensure" in paragraph (3) of sub section (a) of Code Section 48-5-349.2, relating to procedure for appeal to the department.
(19) By striking "herein" and inserting in its place "in this Code section" in Code Section 48-5-478, relating to constitutional exemption from ad valorem taxation for disabled veterans.
(20) By striking "$3,000" and inserting in its place "$3,000.00" in paragraph (4) of subsection (b) of Code Section 48-7-26, relating to personal exemptions.
(21) By striking the terms "FSC's" and "DISC's" each time they appear and in serting in their respective places "foreign sales corporations" and "domestic import sales corporations" in subsection (a) of Code Section 48-7-56, relating to time and place of filing returns, extensions, tentative returns, extensions for members of armed forces, and estimated returns.

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(22) By striking "identifiable" and inserting in its place "identifiable" in subsections (c) and (d) of Code Section 48-8-67, relating to distribution of certain unidentifiable sales and use tax proceeds, limitations, and powers and duties of state revenue commissioner.
(23) By striking "(a)(l)(B)(i) of this Code section" and inserting in its place "(i) of this subparagraph" in subparagraph (aXD(BXii) of Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows.

SECTION 49.
Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended as follows:
(1) By deleting "Article 4 or from paragraph (6) of Code Section 49-4-121, relating to definitions relative to medical assistance for aged.

Reserved.

SECTION 50.

SECTION 51.
Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended as follows:
(1) By striking "herein" and inserting in its place "in this Code Section" in para graph (1) of subsection (a) of Code Section 51-1-29.1, relating to liability of voluntary health care provider and sponsoring organization.

SECTION 52.
Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, is amended as follows:
(1) By striking "_________, 19_" and inserting in its place "_________, __" in the form in Code Section 52-4-2, relating to issuance of certificate of incor poration for canal company.
(2) By striking "_________, 19_" and inserting in its place "_________, __" in the form in Code Section 52-5-3, relating to issuance of certificate of incor poration for navigation company generally.
(3) By inserting "an" between "read by" and "arresting" in the undesignated lan guage following the notice in paragraph (2) of subsection (b) and by striking "speci fied above" and inserting in its place "specified in paragraph (1) of this subsection" in paragraph (3) of subsection (g) of Code Section 52-7-12.5, relating to ordering drug or alcohol tests, implied consent notice, reports, suspension, hearing, and cer tificate of inspection.

SECTION 53.
Title 53 of the Official Code of Georgia Annotated, relating to wills, is amended as follows:
(1) By striking "_________, 19_" and inserting in its place "_________, __" in the form in subsection (b) of Code Section 53-4-24 of the Revised Probate Code of 1998, relating to self-proved will or codicil.
(2) By striking "_________, 19_" and inserting in its place "_________, __" in the form in subsection (b) of Code Section 53-12-52, relating to filing of deed in superior court, clerk's fees, filing of copies with Secretary of State, certificate, use of certified copy as evidence, additional copies and fees therefor, and filing and fees for amendments.

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(3) By striking "Code Sections 11-8-317" and inserting in its place "Code Sections 11-8-112" in Code Section 53-12-54, relating to issuance of certificates of beneficial interest, status of certificates, enforcement of claims against estate, service of pro cess, venue, and liability of trustees and beneficiaries.

SECTION 54.
Except for Title 47, the text of Code sections and title, chapter, article, part, subpart, Code section, subsection, paragraph, subparagraph, division, and subdivision numbers and designations as contained in the Official Code of Georgia Annotated published under authority of the state by the Michie Company in 1982 and contained in Volumes 3 through 40 of such publication or replacement volumes thereto, as amended by the text and numbering of Code sections as contained in the 1998 supplements to the Official Code of Georgia Annotated published under authority of the state in 1998 by the Michie Company, is reenacted and shall have the effect of statutes enacted by the General As sembly of Georgia. Annotations; editorial notes; Code Revision Commission notes; re search references; notes on law review articles; opinions of the Attorney General of Geor gia; indexes; analyses; title, chapter, article, part, and subpart captions or headings, except as otherwise provided in the Code; catchlines of Code sections or portions thereof, except as otherwise provided in the Code; and rules and regulations of state agencies, departments, boards, commissions, or other entities which are contained in the Official Code of Georgia Annotated are not enacted as statutes by the provisions of this Act. Material which has been added in brackets or parentheses and editorial, delayed effec tive date, effect of amendment, or other similar notes within the text of a Code section by the editorial staff of the publisher in order to explain or to prevent a misapprehen sion concerning the contents of the Code section and which is explained in an editorial note is not enacted by the provisions of this section and shall not be considered a part of the Official Code of Georgia Annotated. The reenactment of the statutory portion of the Official Code of Georgia Annotated by this Act shall not affect, supersede, or repeal any Act of the General Assembly, or portion thereof, which is not contained in the Official Code of Georgia Annotated and which was not repealed by Code Section 1-1-10, specifi cally including those Acts which have not yet been included in the text of the Official Code of Georgia Annotated because of effective dates which extend beyond the effective date of the Code or the publication date of the Code or its supplements. The provisions contained in other sections of this Act and in the other Acts enacted at the 1998 regular session of the General Assembly of Georgia shall supersede the provisions of the Official Code of Georgia Annotated reenacted by this section.

SECTION 55.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 56. All laws and parts of laws in conflict with this Act are repealed.

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

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

Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes

Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks

Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd

Y Callaway Y Campbell Y Cash Y Channel! Y Childers Y Clark Y Coan

Y Coleman, B Coleman, T
Y Connell Cooper
Y Cox Y Crawford Y Cummings

Y Davis, M Y Davis, T Y Day
Dean
Y DeLoach, B
Y DeLoach, G
Y Dix Y Dixon Y Dodson Y Dukes
Y Ehrhart Epps
Y Evans
Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves
Y Greene Y Grindley Y Hammontree
Y Hanner
Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree

TUESDAY, FEBRUARY 16, 1999

Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens
Hudson, H Y Hudson, N Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann
Manning Y Martin, J Y Martin, J.L
Massey

Y McBee McCall
Y McClinton Y McKinney Y Millar Y Mills
Mobley
Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons
Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell E Purcell E Ragas Y Randall Y Ray E Reaves
Reece Y Reed Y Reese

Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow

647
Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs
Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 157, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 262. By Representatives Martin of the 47th, Bordeaux of the 151st and Alien of the 117th:
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 Anno tated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 47 of the Official Code of Georgia Annotated; to provide for other matters rela tive to Title 47 of the Official Code of Georgia Annotated.

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

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

Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y. Bordeaux Y Borders Y Bridges
Brooks Y Brown Y Buck Y Buckner Y Bulloch

Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B
Coleman, T Y Connell
Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart
Y Epps Y Evans Y Everett Y Felton
Y Floyd Y Franklin Y Golick Y Graves

Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning

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Martin, J Martin, J.L Massey McBee McCall McClinton Mcffinney Millar Mills Mobley Morris Mosley Mueller (Weal Orrock Parham Parrish Parsons

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Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell E Purcell E Ragas Y Randall
Y Ray
E Reaves Reece
Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts

Rogers Royal
Sanders Sauder Scarlett
Scheid Scott Shanahan Shaw Shipp
Sholar Sims Sinkfield Skipper Smith, B
Smith, C
Smith, C.W Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper

Y Tillman Y Tolbert Y Trense
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland
Whitaker Y Wiles Y Williams, J
Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 264. By Representatives Martin of the 47th, Bordeaux of the 151st and Alien of the 117th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated, to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated.
The following Committee substitute was read and adopted:
A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Offi cial Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for necessary or appropriate re visions and modernizations of matters contained in Title 21 of the Official Code of Geor gia Annotated; to provide for other matters relating to Title 21 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended as follows:
(1) By striking "motion own" and inserting in its place "own motion" in subsection (b) of Code Section 21-2-5, relating to qualifications of candidates for federal and state office and determination of qualifications.
(2) By striking "a House", "House which", and "House whose" and inserting in their place "a house", "house which", and "house whose" in subsection (b) of Code Section 21-2-30, relating to creation, composition, terms of service, vacancies, quorum, seal and bylaws, and meetings.

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649

(3) By striking "political division" and inserting in its place "political subdivision" both times it appears in subsection (a) of Code Section 21-2-45.1, relating to special elections on bonded debt, publication, date, and discount.
(4) By striking 'Voting recorders" and inserting in its place "vote recorders" in para graph (5) and by striking "subsection" and inserting in its place "paragraph" in par agraph (11) of Code Section 21-2-70, relating to powers and duties of superintendents.
(5) By inserting a comma following "addresses" and by deleting the comma following "committee" in paragraph (3) of subsection (b) of Code Section 21-2-110, relating to filing of registration statements by political parties or bodies with the Secretary of State, contents of registration statements, amendments, filing fees, and failure to file statement.
(6) By striking "each county office" and inserting in its place "each office" in the first sentence and by striking "derived from such office" and inserting in its place "derived from such county office" in the last sentence of paragraph (1) of subsection (a) of Code Section 21-2-131, relating to fixing and publishing of qualification fees, manner of payment, and distribution of fees paid.
(7) By inserting "or appropriate municipal official" preceding the period at the end of subsection (e) of Code Section 21-2-133, relating to giving notice of intent of writein candidacy, filing of affidavit, limitations on candidacy, and certification of candi dates by the Secretary of State.
(8) By striking "(B), or (C)" and inserting in its place "(B), (C), or (D)" in subparagraph (b)(2)(B) and paragraph (3) of subsection (b) of Code Section 21-2-134, relating to withdrawal, death, or disqualification of candidate for office and nomination certificate.
(9) By striking "state, county, or" and inserting in its place "state or county or" in paragraph (2) of subsection (a) of Code Section 21-2-217, relating to rules for deter mining residence.
(10) By repealing subsection (a.l) of Code Section 21-2-384, relating to preparation and delivery of supplies, mailing of ballots, oath of absentee electors and persons as sisting absentee electors, master list of ballots sent, and challenges, which reads as follows:
"(a.l) Notwithstanding any provision of law to the contrary, at least 31 days prior to the presidential preference primary to be held in 1992, the superintendent shall pre pare or obtain and deliver an adequate supply of official absentee ballots, envelopes, and other supplies as required by this article to the board of registrars for use in the presidential preference primary."
(11) By striking "party of body" and inserting in its place "party or body" in subsec tion (c), by striking "party by virtue" and "party convention" and inserting in their place "party or body by virtue" and "party or body convention" in subsection (f), and by striking "Assembly and" and inserting in its place "Assembly or" three times in subsection (h) of Code Section 21-2-480, relating to caption for ballots, party desig nations, and form and arrangement.
(12) By striking "managers" and inserting in its place "manager" in the undesignated paragraph at the end of Code Section 21-2-484, relating to requirements for ballot recap form and delivery.
(13) By striking "21-2-235" and inserting in its place "21-2-224" in subsection (g) of Code Section 21-2-501, relating to the number of votes required for election.
(14) By deleting "or 3" in paragraph (4) of Code Section 21-4-3, relating to defini tions relative to the recall of public officers.

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(15) By striking "day of ______, 19_." and inserting in its place "day of _________, __." each time it appears in the form in division (b)(l)(E)(ii) of Code Section 21-4-5, relating to application for and time of filing of recall petition, sponsors, withdrawal of signature, duties of election superintendent, and printing and distribution of recall petition forms by the Secretary of State.

(16) By striking "day of

19_." and inserting in its place "day of

' each time it appears in the form in subsection (e) of Code Sec

tion 21-4-8, relating to electors eligible to sign recall petition, procedure for circulat

ing, obtaining and verifying signatures, form for affidavit of circulator, and change

in signature and residence address.

(17) By striking "day of ______, 19_." and inserting in its place "day of _________, __." each time it appears in the form in subsection (b) of Code Section 21-4-9, relating to the procedure for withdrawal of signature on recall appli cation or petition and contents and form of affidavit to be executed and filed by per son desiring to withdraw signature.

SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

Alien Anderson Ashe Bailey Bannister Barnard Barnes Benefield Birdsong Bohannon Bordeaux Borders Bridges Brooks Brown Buck Buckner
Bulloch Bunn Burkhalter Byrd Callaway Campbell Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell Cooper Cox

Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B
Y DeLoach, G Y Dix Y Dixon Y Dodson
Y Dukes Y Ehrhart Y Epps Y Evans
Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley
Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree
Henson
Y Holland

Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane 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
Millar Y Mills

Y Mobley Y Morris Y Mosley Y Mueller Y CCNeal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell E Purcell E Ragas Y Randall Y Ray E Reaves
Reece Y Reed Y Reese 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 Shipp
Sholar Y Sims Y Sinkfield
Skipper Y Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert Y Trense

Y Turnquest Y Twiggs Y Unterman

TUESDAY, FEBRUARY 16, 1999

Y Walker, L Y Walker, R.L
Y Watson

West Westmoreland
Whitaker

Y Wiles Y Williams, J
Y Williams, E

651
Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 330. By Representatives Howard of the 118th, Smyre of the 136th, Alien of the
117th, Anderson of the 116th, Randall of the 127th and others: A bill to amend Code Section 20-3-84 of the Official Code of Georgia Anno tated, relating to the Advisory Board to the Center for Trade and Technology Transfer, so as to change the reference to such board; to change provisions relating to the membership thereof; to provide that the Center for Trade and Technology Transfer shall be attached to the University System of Georgia for administrative purposes only.
The following amendments were read and adopted:

Representatives Walker of the 141st and Smyre of the 136th move to amend HB 330 as follows:
By striking all of lines 7, 8, and 9 on page 3 after the word "entitled" on line 7 and sub stituting in lieu thereof the words: "to the same pay for per diem and expenses as are members of the Georgia General Assembly."

Representatives Tolbert of the 25th and Graves of the 125th move to amend HB 330 as follows:
Page 3 line 27 delete "From time to time" and insert on line 27 after the word report "annually".

Representatives Smyre of the 136th and Epps of the 46th move to amend HB 330 as follows:
By adding after Governor on line 35, page 2 the following ", and

(5) And two members appointed by the Commissioner of the Department of Industry, Trade and Tourism and deleting the word "and" on line 34, page 2.

By unanimous consent the Clerk of the House was directed to change "nine" to "eleven" on Page 2 Line 30.

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 Ashe Bailey Bannister Barnard Barnes Benefield Birdsong Bohannon Bordeaux Borders

Bridges Brooks Brown Buck Buckner Bulloch Bunn Burkhalter Byrd Callaway Campbell
Cash

Y Channell Y Childers Y Clark N Coan Y Coleman, B
Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings N Davis, M

Davis, T Day
Dean
DeLoach, B DeLoach, G Dix Dixon
Dodson Dukes Ehrhart Epps Evans

Everett Felton Floyd Franklin Golick Graves
Greene Grindley Hammontrei Hanner
Harbin
Harrell

652
Heard Heckstall Hegstrom Hembree Henson Holland Holmes Houston Howard Hudgens Hudson, H Hudson, N Hugley Irvin Jackson, B Jackson, L James Jamieson Jenkins Jennings Jones Joyce Kaye Lane

JOURNAL OF THE HOUSE

Lewis Lord Lucas Maddox
Mann
Manning Martin, J Martin, J.L
Massey McBee McCall McClinton McKinney Millar Mills Mobley Morris Mosley Mueller O'Neal Orrock Parham
Parrish
Parsons

Y Pelote N Pinholster Y Poag Y Ponder Y Porter
Powell E Purcell E Ragas Y Randall
Ray E Reaves
Reece Y Reed N Reese Y Reichert Y Rice Y Richardson Y Roberts N Rogers Y Royal N Sanders
Sauder Y Scarlett N Scheid

Y Scott Y Shanahan Y Shaw
Shipp Sholar Y Sims Y Sinkfield Skipper Y Smith, B Smith, C N Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings N Stancil Y Stanley, P Y Stanley-Turner

Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert N Trense
Turnquest Y Twiggs Y Unterman Y Walker, L N Walker, R.L Y Watson Y West Y Westmoreland
Y Whitaker Y Wiles N Williams, J
Williams, R Y Wix N Yates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 125, nays 26.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The following Resolutions of the House were read and referred to the Committee on Rules: HR 326. By Representatives Burkhalter of the 41st, Ehrhart of the 36th and Camp
bell of the 42nd: A resolution commending Johnny Isakson and inviting him to appear before the House of Representatives. HR 327. By Representatives Bailey of the 93rd, Birdsong of the 123rd, Murphy of the 18th, Barnes of the 97th, Benefield of the 96th and others: A resolution honoring Mr. James Hugh Lindsey and inviting him to appear before the House of Representatives.

Representative Jamieson of the 22nd District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 506 Do Pass
Respectfully submitted, /s/ Jamieson of the 22nd
Chairman

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

TUESDAY, FEBRUARY 16, 1999

653

Mr. Speaker:

Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 487 Do Pass HB 513 Do Pass
Respectfully submitted, Isl Lord of 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 and Reso lution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 298 Do Pass, by Substitute HB 401 Do Pass, by Substitute HB 552 Do Pass

HB 560 Do Pass, by Substitute HR 268 Do Pass

Respectfully submitted, Isl Martin of the 47th
Chairman

Representative Parham of the 122nd District, Chairman of the Committee on Motor Ve hicles, submitted the following report:

Mr. Speaker:

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

HB 318 Do Pass, by Substitute HB 359 Do Pass HB 419 Do Pass

HB 421 Do Pass HB 442 Do Pass

Respectfully submitted, Isl Parham of the 122nd
Chairman

Representative Smyre of the 136th District, Chairman of the Committee on Rules, sub mitted 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 271 Do Pass HR 291 Do Pass HR 295 Do Pass

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Respectfully submitted, /s/ Smyre of the 136th
Chairman

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

Mr. Speaker:

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

HB 522 Do Pass, by Substitute HB 524 Do Pass, by Substitute

HB 553 Do Pass HR 269 Do Pass

Respectfully submitted, /s/ Buck of the 135th
Chairman

The Speaker announced the House in recess subject to the call of the Chair. The House will convene at 10:00 o'clock the next legislative day.

WEDNESDAY, FEBRUARY 17, 1999

655

Representative Hall, Atlanta, Georgia Wednesday, February 17, 1999

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 Barnard Barnes Benefield Birdsong Bohannon Borders Bridges Brooks Brown Buck
Bulloch Byrd Callaway Campbell Cash Channell Childers Clark Coan Coleman, B Connell Cox Cummings Davis, M Davis, T

DeLoach, B DeLoach, G Dixon Dodson Dukes Ehrhart Evans Everett Felton Floyd Franklin Golick Graves Greene Grindley Hammontree Harbin Heard Hegstrom Hembree E Henson Holland Howard Hudgens Hudson, N Hugley Jackson, B Jackson, L

James Jamieson Jennings Jones Joyce Kaye Lane Lewis Lord Mann Manning Martin, J.L Massey McBee McClinton McKinney Millar Mills Morris Mosley Mueller O'Neal Parham E Parsons Pelote Pinholster Poag Porter

Purcell Randall Ray E Reaves Reece Reed Reese Reichert Rice Richardson Roberts Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Sholar Skipper Smith, B Smith, C Smith, L.R Smith, P Smith, T Smith, V

Smyre Snow Squires Stallings Stancil Stanley-Turner Stephens Stokes Stuckey Taylor Teper Tillman Tolbert Trense Turnquest Unterman Walker, L Walker, R.L West Westmoreland Whitaker Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Stanley of the 49th, Bunn of the 74th, Lucas of the 124th, Burkhalter of the 41st, Heckstall of the 55th, Alien of the 117th, Anderson of the 116th, Smith of the 109th, Hudson of the 120th, Houston of the 166th, Rogers of the 20th, Day of the 153rd, Crawford of the 129th, Orrock of the 56th, Ragas of the 64th, Powell of the 23rd, Martin of the 47th, Bordeaux of the 151st, Ponder of the 160th, Maddox of the 72nd, Irvin of the 45th, Harrell of the 62nd, Smith of the 19th, Sinkfield of the 57th, Watson of the 70th, Cooper of the 31st, Snelling of the 99th, Jenkins of the 110th, Holmes of the 53rd and Epps of the 131st.
They wish to be recorded as present.
Prayer was offered by Dr. C. T. Vivian, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

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By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees: HB 668. By Representatives Holland of the 157th, Hudson of the 156th, Coleman of
the 142nd, Royal of the 164th, Teper of the 61st and others: A bill to amend Code Section 45-18-2 of the Official Code of Georgia Anno tated, relating to the authority of the State Personnel Board to establish a health insurance plan, so as to provide that certain changes to such plan shall be accomplished only in accordance with the provisions of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act".
Referred to the Committee on State Planning & Community Affairs.
HB 669. By Representatives Williams of the 114th and Howard of the 118th: A bill to amend Chapter 18 of Title 36 of the Official Code of Georgia Anno tated, relating to the regulation of cable television systems, so as to provide for the use of easements by cable television franchisees; to provide for the payment of compensation; to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant gener ally, so as to provide for tenants' choice of cable television service providers.
Referred to the Committee on Industry.
HB 670. By Representatives Harbin of the 113th, Golick of the 30th, Channell of the lllth, Graves of the 125th and Parrish of the 144th: A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions governing insurance gen erally, so as to provide for required information to be provided on certain health policy insurance cards.
Referred to the Committee on Insurance.
HB 671. By Representative Randall of the 127th: A bill to amend Article 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the offense of stalking, so as to provide for certain consideration in making a determination as to whether a person has committed the offense of stalking.
Referred to the Committee on Special Judiciary.

WEDNESDAY, FEBRUARY 17, 1999

657

HB 672. By Representatives Joyce of the 1st, Brooks of the 54th and Westmoreland of the 104th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that registered political bodies may nominate candidates for all offices.
Referred to the Committee on Governmental Affairs.
HB 673. By Representative Hugley of the 133rd: A bill to provide a new charter for the Town of Junction City.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 674. By Representatives Smith of the 19th, Williams of the 83rd and Smith of the 12th: A bill to amend Code Section 40-6-181 of the Official Code of Georgia Anno tated, relating to maximum speed limits, so as to provide different speed limits for certain vehicles on certain highways.
Referred to the Committee on Transportation.
HB 675. By Representative Campbell of the 42nd: A bill to amend Code Section 40-5-67.1 of the Official Code of Georgia Anno tated, relating to suspension of drivers' licenses for refusal to submit to chemical tests, so as to provide for termination of such suspension under certain conditions.
Feb. 16, 1999
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 675. This notice is made prior to or upon read ing the bill the first time.

Isl Tom Campbell Representative 42nd District
Referred to the Committee on Motor Vehicles.
HB 676. By Representatives Tolbert of the 25th, Cash of the 108th and Rogers of the 20th: A bill to amend Code Section 40-2-85.1 of the Official Code of Georgia Anno tated, relating to special and distinctive license plates for veterans, so as to eliminate manufacturing fees and additional annual registration fees for such plates.
Referred to the Committee on Motor Vehicles.
HB 677. By Representatives Holland of the 157th, Byrd of the 170th, Holmes of the 53rd, Stuckey of the 67th, Martin of the 47th and others: 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 of Personnel Admin istration generally, so as to change the grievance system for classified employees.
Referred to the Committee on State Planning & Community Affairs.

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HB 678. By Representatives Stephens of the 150th, Benefield of the 96th, Parham of the 122nd, Tillman of the 173rd, Scarlett of the 174th and others:
A bill to amend Code Section 40-2-20 of the Official Code of Georgia Anno tated, relating to motor vehicle registration and license requirements, so as to exempt certain port vehicles; to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to restrictions on dimen sions and weight of vehicles and load, so as to exempt certain port vehicles.
Referred to the Committee on Transportation.

HB 679. By Representatives McBee of the 88th, Floyd of the 138th and Powell of the 23rd:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Anno tated, relating to requirements of motor vehicle liability insurance policies, so as to change certain provisions relating to uninsured motorist coverage; to amend Code Section 40-9-37 of the Official Code of Georgia Annotated, relating to requirements for liability insurance policies, so as to provide for liability requirements as to certain vehicles.
Referred to the Committee on Insurance.

HB 680. By Representatives Reichert of the 126th, Graves of the 125th, Ray of the 128th and Birdsong of the 123rd:
A bill to amend an Act known as the "Macon Water Authority Act," so as to provide for additional purposes, powers, and definitions; to provide for mat ters having to do with industrial development.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 681. By Representatives DeLoach of the 172nd, Barnard of the 154th, Tillman of the 173rd and Purcell of the 147th:
A bill to amend Part 2 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to crabs, so as to change requirements for identifying crab trap floats; to require written notice to the Department of Natural Resources when a licensed crabber permits another person to work his or her traps; to change requirements for vessel identification markings.
Referred to the Committee on Game, Fish & Parks.

HB 682. By Representative Squires of the 78th:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide that certain documents filed with the Secretary of State may be signed by an attorney in fact; to provide that certain documents filed with the Secretary of State electronically may bear the typed name of the person executing the docu ment in lieu of a signature.
Referred to the Committee on Judiciary.

HB 683. By Representatives McBee of the 88th, Childers of the 13th and Heard of the 89th:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance gen-

WEDNESDAY, FEBRUARY 17, 1999

659

erally, so as to provide for refunds of certain discounts and provide penal ties for health care providers and insurers that do not make timely refunds.
Referred to the Committee on Insurance.
HB 684. By Representatives Birdsong of the 123rd, Roberts of the 162nd, Sims of the 167th, Bunn of the 74th, Heckstall of the 55th and others:
A bill to amend Code Section 48-5-48 of the Official Code of Georgia Anno tated, relating to a certain homestead exemption for disabled veterans and certain surviving family members, so as to change certain references to fed eral law; to clarify the maximum amount of such exemption which may be granted to a disabled veteran or the unremarried surviving spouse or minor children of any such disabled veteran as of January 1, 1999.
Referred to the Committee on Ways & Means.
HB 685. By Representatives Bohannon of the 139th, McCall of the 90th, Campbell of the 42nd and Snelling of the 99th:
A bill to amend Code Section 40-6-52 of the Official Code of Georgia Anno tated, relating to trucks using multilane highways, so as to change certain provisions relating to use of left lanes.
Referred to the Committee on Transportation.
HB 686. By Representatives Rice of the 79th, Squires of the 78th, Ashe of the 46th, Houston of the 166th, Rogers of the 20th and others:
A bill to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs under the "Quality Basic Education Act," so as to provide for a midterm adjustment in the amount of funds appropriated and allocated for the program for limitedEnglish-proficient students.
Referred to the Committee on Education.

HB 687. By Representatives Snow of the 2nd, Ray of the 128th, Day of the 153rd, Mosley of the 171st and Parham of the 122nd:
A bill to amend Code Section 15-16-1 of the Official Code of Georgia Anno tated, relating to qualifications and training requirements for sheriffs, so as to change the provisions relating to qualifications of sheriffs.
Referred to the Committee on Public Safety.

HB 688. By Representative Martin of the 47th:
A bill to amend an Act creating a State Court of Fulton County by consoli dating the Criminal Court of Fulton County and the Civil Court of Fulton County, so as to change the provisions relating to the chief clerk of that court; to provide for a court administrator for said court and provide for election, compensation, duties, and powers.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 689. By Representative Martin of the 47th:
A bill to amend Chapter 23 of Title 47 of the Official Code of Georgia Anno tated, relating to the Georgia Judicial Retirement System, so as to provide that judges and solicitors-general of the State Court of Fulton County may

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elect membership in such retirement system; to provide for the transfer of creditable service.
Referred to the Committee on Retirement.

HB 690. By Representative Martin of the 47th: A bill to amend an Act providing for the appointment of magistrates in Fulton County, so as to change the number of magistrates in Fulton County; to provide the procedure in connection with the appointment of new magistrates and provide for terms of office.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 691. By Representative Bulloch of the 180th: A bill to amend an Act creating a board of commissioners for the County of Thomas, so as to change the compensation of the chairperson and other members of the board of commissioners of Thomas County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 692. By Representative Bulloch of the 180th: A bill to create the Thomas County Emergency Services Board.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 693. By Representatives Hammontree of the 4th and Mann of the 5th: A bill to amend an Act providing a new charter for the City of Varnell, so as to change the corporate boundaries of such city; to change provisions relat ing to time of election, taking of office, and terms of office for the mayor and councilmembers; to create a Community Service Department.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 694. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A bill to amend Code Section 12-2-21 of the Official Code of Georgia Anno tated, relating to the composition of the Board of Natural Resources, so as to change the membership of such board.
Referred to the Committee on Natural Resources & Environment.

HB 695. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A bill to amend Code Section 10-9-6 of the Official Code of Georgia Anno tated, relating to the appointment and terms of members of the board of governors of the Georgia World Congress Center Authority, so as to provide for four additional members of such board and their terms.
Referred to the Committee on State Planning & Community Affairs.
HB 696. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A bill to amend Code Section 50-7-3 of the Official Code of Georgia Anno tated, relating to the creation of the Board of Industry, Trade, and Tourism

WEDNESDAY, FEBRUARY 17, 1999

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and the composition of such board, so as to reconstitute such board and to add four additional board members.
Referred to the Committee on Industry.
HB 697. By Representative Twiggs of the 8th: A bill to amend an Act providing that the judge of the Probate Court of Union County shall serve as chief magistrate of the Magistrate Court of Union County, so as to provide for the partisan election of the chief magis trate of Union County on and after a certain date; to provide that the judge of the Probate Court of Union County shall not serve as chief magistrate on or after a certain date.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 328. By Representatives DeLoach of the 172nd, Jennings of the 63rd, Harrell of the 62nd, Barnard of the 154th, Lane of the 146th and others: A resolution urging the Department of Natural Resources to commemorate the life and service of David W. Brown.
Referred to the Committee on Natural Resources & Environment.
HR 329. By Representatives Howard of the 118th, Parham of the 122nd, Royal of the 164th, Shanahan of the 10th, Jamieson of the 22nd and others: A resolution creating the House Study Committee on School Support Personnel.
Referred to the Committee on Rules.
HR 330. By Representatives Purcell of the 147th, Walker of the 141st and Skipper of the 137th: A resolution creating the Joint Study Committee on Art Policies for the Capitol and the Governor's Mansion.
Referred to the Committee on Rules.

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

HB 645 HB 646 HB 647 HB 648 HB 649 HB 650 HB 651 HB 652 HB 653 HB 654 HB 655 HB 656 HB 657 HB 658 HB 659

HB 660 HB 661 HB 662 HB 663 HB 664 HB 665 HB 666 HB 667 HR 303 HR 304 HR 324 HR 325 SB 49 SB 50 SB 110

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Representative Smyre of the 136th District, Chairman of the Committee on Rules, sub mitted 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 154 Do Pass HR 215 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Plan ning & 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 632 Do Pass HB 641 Do Pass HB 644 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman
The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR
WEDNESDAY, FEBRUARY 17, 1999 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 23rd Legislative Day as enumer ated below:
HB 115 Driver's license or permit; provide for replacement issuance HB 235 Sheriffs; certain records; electronic storage and retrieval HB 356 Automobile dealers; amend provisions HB 530 Elections; amend provisions HB 531 Elections; optical scanning equipment; amend provisions
HR 207 Thunder Rd USA-GA Racing Hall of Fame; official Racing Hall of Fame
SB 3 Governor - appointment of executive counsel (Thompson of the 33rd)
Bills and Resolutions on this calendar may be called in any order the Speaker desires.

WEDNESDAY, FEBRUARY 17, 1999

663

Respectfully submitted, /s/ Smyre of the 136th
Chairman
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: HB 632. By Representatives Lewis of the 14th, Childers of the 13th and Cummings
of the 27th: A bill to amend an Act entitled "An Act to reincorporate the City of Cartersville in the County of Bartow," so as to change provisions relative to the sale of a city-owned utility; to change certain provisions relative to the granting of franchises and contracts for public utilities.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 4.
The Bill, having received the requisite constitutional majority, was passed. HB 641. By Representatives Martin of the 145th and Lane of the 146th:
A bill to amend an Act revising and consolidating provisions relating to the probate judge, sheriff, clerk of superior court, and tax commissioner of Bulloch County and their offices and personnel therein, so as to provide for costof-living and longevity increases in the salary of the tax commissioner.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 4.
The Bill, having received the requisite constitutional majority, was passed. HB 644. By Representative Reese of the 85th:
A bill to create a new charter for the City of Suwanee.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate: SB 24. By Senator Thomas of the 10th:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to require health insurers to offer comprehensive medical or surgical coverage for the treat ment of morbidly obese patients when said treatment is ordered, conducted, or supervised by health care providers specializing in the management of pa tients so afflicted.

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SB 62. By Senators Lamutt of the 21st, Polak of the 42nd, Johnson of the 1st and others:
A bill to amend Chapter 12 of Title 10 of the Official Code of Georgia Anno tated, the "Georgia Electronic Records and Signatures Act," so as to change the provisions relating to definitions; to provide for the legal effect, validity, and admissibility of electronic records, electronic signatures, and secure elec tronic signatures; to provide for exceptions.
SB 87. By Senators Streat of the 19th, Huggins of the 53rd, Tate of the 38th and others:
A bill to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Geor gia Annotated, relating to equipment of motor vehicles generally, so as to change the provisions relating to display of owner's name on certain trucks; to provide that it shall be unlawful to operate in this state any bus, truck, or truck tractor having a manufacturer's gross vehicle weight rating or an owner declared gross weight of 10,001 or more pounds or transporting haz ardous materials in a quantity requiring placarding which does not comply with the name and other display requirements of this Act.
The Senate has passed, by substitute, by the requisite constitutional majority the follow ing bill of the House:
HB 148. By Representatives Lane of the 146th, Martin of the 145th, Purcell of the 147th and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to create the Georgia Cotton Producers Indemnity Fund of 1999.
By unanimous consent, the following Bills of the Senate were read the first time and re ferred to the committees:
SB 24. By Senator Thomas of the 10th:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to require health insurers to offer comprehensive medical or surgical coverage for the treat ment of morbidly obese patients when said treatment is ordered, conducted, or supervised by health care providers specializing in the management of pa tients so afflicted.
Referred to the Committee on Insurance.
SB 62. By Senators Lamutt of the 21st, Polak of the 42nd, Johnson of the 1st and others:
A bill to amend Chapter 12 of Title 10 of the Official Code of Georgia Anno tated, the "Georgia Electronic Records and Signatures Act," so as to change the provisions relating to definitions; to provide for the legal effect, validity, and admissibility of electronic records, electronic signatures, and secure elec tronic signatures; to provide for exceptions.
Referred to the Committee on Judiciary.
SB 87. By Senators Streat of the 19th, Huggins of the 53rd, Tate of the 38th and others:
A bill to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of motor vehicles generally, so as to change the provisions relating to display of owner's name on certain trucks; to provide that it shall be unlawful to operate in this state any bus, truck, or truck tractor having a manufacturer's gross vehicle weight rating

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or an owner declared gross weight of 10,001 or more pounds or transporting hazardous materials in a quantity requiring placarding which does not com ply with the name and other display requirements of this Act.
Referred to the Committee on Transportation.

Representative Hudgens of the 24th arose to a point of personal privilege and addressed the House.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 271. By Representative Tillman of the 173rd:
A resolution commending and congratulating Coach John Willis and the Brunswick High School Pirates football team and inviting the players and the coach to appear before the House of Representatives.
HR 291. By Representative Tillman of the 173rd:
A resolution commending the Glynn Academy High School football team and inviting the team and coaches to appear before the House of Representatives.
HR 295. By Representative Hudgens of the 24th:
A resolution commending Dr. O. G. Daniel and inviting him to appear before the House of Representatives.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 331. By Representatives Ponder of the 160th and Sholar of the 179th:
A resolution honoring April Heather Brinson, Miss Georgia 1998, and invit ing her to appear before the House of Representatives.
Under the general order of business, established by the Committee on Rules, the follow ing Bill of the House was taken up for consideration and read the third time:
HB 356. By Representatives Porter of the 143rd, Parham of the 122nd, Channell of the lllth and Powell of the 23rd:
A bill to amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Georgia Motor Vehicle Franchise Practices Act," so as to change the definition of "dealer," "franchise," and "franchisor"; to pro vide for the filing of petitions with the Department of Revenue; to provide for damages, the burden of proof, standing, and venue in actions under this article.
The following Committee substitute was read and withdrawn:
A BILL
To amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Georgia Motor Vehicle Franchise Practices Act," so as to change the definition of "dealer," "franchise," and "franchisor"; to provide for the filing of petitions with the De partment of Revenue; to provide for damages, the burden of proof, standing, and venue in actions under this article; to change certain provisions relating to dealers' claims for compensation for predelivery preparation, warranty service, and recall obligations; to provide for the change of management or sale or transfer of a dealership and to provide for a franchisor's right to limit such change, sale, or transfer; to prohibit a franchisor from requiring a dealer to acquire or transfer a line make of motor vehicle if the dealer does not desire to do so; to make unlawful certain acts by franchisors regarding the de nial of payment of certain claims by dealers; to limit the time during which franchisors can audit dealers; to require franchisors to send invoices to dealers under certain cir-

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cumstances; to prohibit franchisors from operating, owning, or controlling certain dealer ships; to prohibit franchisors from limiting a dealer's ability to sell certain new or used motor vehicles or from failing to honor warranties on such vehicles; to provide for a franchisor's ability to limit a dealer's adding or acquiring a sales or service operation for another line make of motor vehicles; to provide for agreements to arbitrate between dealers and franchisors; to restrict a franchisor from establishing a new dealership or relocating a current dealership in the relevant market area of an existing dealership; to provide a definition; to provide for notice; to provide for petitions to enjoin or prohibit such actions by a franchisor and procedures for challenging the establishment or reloca tion of a dealership in an existing relevant market area; to provide criteria for determin ing when a new or current dealership may be established in an existing dealer's relevant market area; to prohibit manufacturers and franchisors from owning or operating deal erships in this state, except under certain limited circumstances; to make it lawful for a manufacturer or franchisor to unfairly compete with a dealer; to prohibit manufacturers and franchisors from selling motor vehicles to consumers in this state except through a dealer and to provide for certain exceptions; to provide for related matters; to provide for the applicability of the provisions of Article 22 of Chapter 1 of Title 10; 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 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Geor gia Motor Vehicle Franchise Practices Act," is amended by striking in their entirety paragraphs (1), (6), and (7) of Code Section 10-1-622, relating to definitions, and in serting in lieu thereof, respectively, new paragraphs (1), (6), and (7) to read as follows:
"(1) 'Dealer' means any person engaged in the business of selling, offering to sell, soliciting, or advertising the sale of new motor vehicles and who is licensed or other wise authorized to utilize trademarks or service marks associated with one or more makes of motor vehicles in connection with such sales. The term 'dealer' shall also include any person who engages in the repair of motor vehicles if such repairs are performed pursuant to the terms of a franchise or other agreement with a franchisor or such repairs are performed as part of a manufacturer's or franchisor's warranty. The term 'dealer' shall not mean any person engaged solely in the business of sell ing used motor vehicles."
"(6) 'Franchise' means the written agreement or contract between any franchisor and any dealer which purports to fix the legal rights and liabilities of the parties to such agreement or contract and pursuant to which the dealer purchases and resells motor vehicles or leases or rents the dealership facilities. Any letter, memorandum, or other document which imposes a duty, responsibility, restriction, or limitation on a dealer or which fixes the legal rights or liabilities of a dealer shall be subject to the provisions of this article relating to the franchise.
(7) 'Franchisor' means:
(A) Any person, resident or nonresident, who directly or indirectly licenses or oth erwise authorizes one or more dealers to use a trademark or service mark associ ated with a make of motor vehicle in connection with the retail sale of new motor vehicles bearing such trademark or service mark; aad
(B) Any person who in the ordinary course of business and on a recurring basis sells such new motor vehicles to a dealer for resale?; and
(C) Any person who is controlled by a franchisor or more than 10 percent owned by a franchisor, as that term is defined in subparagraphs (A) and (B) of this paragraph."

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SECTION 2.
Said article is further amended in Code Section 10-1-623, relating to actions for viola tions of the "Georgia Motor Vehicle Franchise Practices Act," by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) and by adding at the end thereof new subsections (e) and (f) to read as follows:
"(a) Notwithstanding the terms, provisions, or conditions of any agreement or franchise or other terms or provisions of any novation, waiver, or other written instru ment, any person who is or may be injured by a violation of a provision of this article or any party to a franchise who is so injured in his business or property by a violation of a provision of this article relating to that franchise or any person so injured because he refuses to accede to a proposal for an arrangement which, if consummated, would be in violation of this article may file a petition with the Department of Revenue as provided in Code Section 10-1-667 or may bring an action in any court of competent jurisdiction for damages and equitable relief including injunctive relief. Said person may recover damages therefor in any amount equal to three times the pecuniary loss, together with costs and reasonable attorney's fees. Upon a prima-facie showing by the person filing the petition or cause of action that a violation of this article has occurred, the burden of proof shall then be upon the opposing party to prove that such violation did not occur."
"(e) In addition to any county in which venue is proper in accordance with any provi sion of the Constitution of this state or any other provision of the Official Code of Georgia Annotated, in any cause of action brought against a manufacturer, franchisor, or distributor which is a corporation by a dealer for any alleged breach of the franchise agreement or alleged violation of this article or for the determination of any rights created by the franchise agreement or this article, venue shall be proper in the county in which the dealer engages in the business of selling the products or services of such manufacturer, franchisor, or distributor, and the manufacturer, franchisor, or distributor which is a corporation shall be deemed to reside in such county for venue purposes. Any provision of a franchise or other agreement, under which the parties determine, agree to, control, restrict, establish, limit, or direct the venue in which a cause of action under this article shall be brought, shall be void.
(f) Any corporation or association which is primarily owned by or comprised of dealers and which primarily represents the interests of dealers shall have standing to file a petition or cause of action with the Department of Revenue or with any court of com petent jurisdiction for itself or by, for, or on behalf of any dealer or group of dealers for an alleged violation of this article or for the determination of any rights created by this article."

SECTION 3.
Said article is further amended in Code Section 10-1-641, relating to dealer's predelivery preparation, warranty service, and recall obligations and compensation therefor by the distributor, manufacturer, or warrantor, by striking in its entirety subsection (c) and in serting in lieu thereof a new subsection (c) to read as follows:
"(c) All such claims shall be either approved or disapproved within 30 days after their receipt on forms and in the manner specified by the manufacturer, distributor, or war rantor, and any claim not specifically disapproved in writing within 30 days after the receipt shall be construed to be approved and payment must follow within 30 days? however, the manufacturer, distributor, or warrantor may retain the right to audit auch claims and to charge the dealer for falac, incorrect, unsubstantiated, or frnudu lent claims for a period of not more than two ycara following payment."

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SECTION 4.
Said article is further amended by striking in its entirety Code Section 10-1-653, relat ing to the sale of a dealership franchise, and inserting in lieu thereof a new Code Sec tion 10-1-653 to read as follows:
"10-1-653.

fe)-If a new motor vehicle dealer desires to make a change in its executive manage ment or ownership or to sell its principal assets, the new motor vehicle dealer will give the franchisor prior written notice of the proposed change or sale. The franchisor shall not arbitrarily refuse to agree to such proposed change or sale and may not dis approve or withhold approval of such change or sale unless the franchisor can prove by a preponderance of the evidence that its decision is not arbitrary and that the new management, owner, or transferee is unfit or unqualified to be a dealer. A franchisor may not disapprove or withhold approval of a change or sale if the new management, owner, or transferee is the manager or owner of any line-make dealership doing busi ness in the United States. The prospective manager, owner, or transferee, in addition to the existing dealer, may file a petition or cause of action to enforce the provisions of this Code section. Where the franchisor rejects a proposed change or sale, the franchisor shall give written notice of his reasons to the new motor vehicle dealer within 60 days. If no such notice is given to the new motor vehicle dealer, the change or sale shall be deemed approved. The franchisor ohall have the burden of proof to 3how that ita disapproval ia not arbitrary.
(b) In the alternative, the franchisor may offer to purchaac an ownership interest in a new motor vehicle dealership on aueh terms and conditions, including entering into any ancillary or auxiliary contracts, aa were disclosed by the owner to the franchisor."
SECTION 5.
Said article is further amended by striking in its entirety Code Section 10-1-654, relat ing to the applicability of the "Motor Vehicle Franchise Continuation and Succession Act," which reads as follows;
"10-1-654.

This part shall be applicable only to franchise agreements made, entered into, re newed, continued, or extended after June 30, 1983.",
and inserting in lieu thereof the following: "10-1-654.

Reserved."
SECTION 6.
Said article is further amended in subsection (a) of Code Section 10-1-661, relating to ac tions that a franchisor may not require of or coerce from a dealer, by striking in their entirety paragraphs (5) and (6) and inserting in lieu thereof new paragraphs (5), (6), and (7) to read as follows:
"(5) To sell, assign, or transfer any retail installment sales contract obtained by such dealer in connection with the sale by tost such dealer in this state of new mo tor vehicles to a specified finance company or class of such companies or to any other specified persons; w
(6) To provide warranty or other services for the account of franchisor, except as provided in Part 3 of this article, the 'Motor Vehicle Warranty Practices Act-'; or

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(7) To acquire or give up, sell, or transfer any line make of motor vehicle once such dealer has notified the franchisor that it does not desire to acquire, give up, sell, or transfer such line make or to retaliate or take any adverse action against a dealer based on such desire."

SECTION 7.

Said article is further amended in subsection (a) of Code Section 10-1-662, relating to unlawful acts by franchisors, by striking in their entirety paragraphs (12) and (13) and inserting in lieu thereof new paragraphs (12) through (19) to read as follows:
"(12) To offer to sell or lease or to sell or lease any new motor vehicle or accessory to any dealer at a lower actual price therefor than the actual price offered to any other dealer for the same model vehicle similarly equipped or same accessory or to use any device, including but not limited to an incentive, sales promotion plan, or other similar program, which results in a lower actual price of a vehicle or accessory being offered to one dealer and which is not offered to other dealers of vehicles of the same line-make or the same accessory; or
(13) Except aa provided in subacction (c) of Code Section 10 1 641 to To conduct an audit, investigation, or inquiry of any dealer or dealership as to any activity, trans action, conduct, or other occurrence which took place more than two years one year prior to such audit, investigation, or inquiry or to base any decision adverse to the dealer or dealership on any activity, transaction, conduct, or other occurrence which took place more than two years one year prior to such decision or which took place any time prior to the period of time covered by such audit, investigation, or inquiry or to apply the results of an audit, investigation, or inquiry to any activity, transac tion, conduct, or other occurrence which took place any time prior to the time cov ered by such audit, investigation, or inquiry;
(14) To charge back to, deduct from, or reduce any account of a dealer or any amount of money owed to a dealer by a franchisor any amount of money the fFanchisor alleges is owed to such franchisor by such dealer as a result of an audit, investigation, or inquiry of such dealer, but rather if a franchisor alleges that a dealer owes such franchisor any amount of money as a result of an audit, investiga tion, or inquiry, such franchisor shall send an invoice to such dealer for such amount and the dealer shall have not less than 30 days to contest such amount or remit payment of such invoice;
(15) To deny, delay payment for, restrict, or bill back a claim by a dealer for pay ment or reimbursement for warranty service or parts, incentives, hold-backs, special program money, or any other amount owed to such dealer unless such denial, delay, restriction, or bill back is the direct result of a material defect in the claim which af fects the validity of the claim;
(16) To engage in business as a dealer or to manage, control, or operate, or own any interest in a dealership either directly or indirectly, if the primary business of such dealer or dealership is to perform repair services on motor vehicles pursuant to a manufacturer's or franchisor's warranty;
(17) To limit or prohibit or attempt to limit or prohibit a dealer from selling a new or used motor vehicle which was not originally manufactured for sale and distribu tion in the United States or to limit or fail to honor the manufacturer's warranty on any such motor vehicle sold by a dealer in the United States;

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(18) To refuse to allow, limit, or restrict a dealer from acquiring or adding a sales or service operation for another line make of motor vehicles at the same or expanded facility at which the dealer currently operates a dealership unless the franchisor can prove by a preponderance of the evidence that such acquisition or addition will sub stantially impair the dealer's ability to adequately sell or service such franchisor's motor vehicles; or
(19) To require a dealer to submit to arbitration on any issues unless the dealer and the franchisor agree to arbitrate after a controversy arises. The arbitrator must ap ply the provisions of this article, and either party may appeal the decision of the ar bitrator on the grounds that the provisions of this article were not followed."
SECTION 8. Said article is further amended in Code Section 10-1-663, relating to prohibited acts by franchisors, by striking in its entirety paragraph (4) of subsection (b), which reads as follows:
"(4) Impose unreasonable restrictions on the dealer relative to noncompetition cove nants, site control, whether by sublease, collateral pledge of lease, or otherwise, right of first refusal to purchase, option to purchase, compliance with subjective standards, or other matters incident to the operation of the dealership; or", and inserting in lieu thereof a new paragraph (4) of subsection (b) to read as follows:
"(4) Impose on the dealer: (A) Unreasonable restrictions relative to noncompetition covenants or site control, whether by sublease, collateral pledge of lease, agreement, or other means; (B) A right of first refusal to purchase in favor of the franchisor if the dealer has entered into an agreement to transfer the dealership or its assets; (C) An option to purchase the dealership or its assets from the dealer; or (D) Unreasonable requirements to comply with subjective standards or other mat ters incident to the operation of the dealership; or".
SECTION 9. Said article is further amended in Code Section 10-1-663, relating to prohibited acts by franchisors, by striking in its entirety subsection (c) which reads as follows:
"(c) This Code section shall not be effective with respect to franchise agreements en tered into before July 1, 1983, unless such franchise agreements are modified, ex tended, or renewed on or after that date."
SECTION 10. Said article is further amended in Part 5, relating to motor vehicle fair practices, by ad ding at the end thereof a new Code Section 10-1-664 to read as follows:
"10-1-664.

(a) As used in this Code section, the term 'relevant market area' shall mean:
(1) The area located within a ten mile radius of an existing dealership if such deal ership is located in a county with a population of 100,000 or more according to the United States decennial census of 1990 or any such future census; or
(2) The area located within a 20 mile radius of an existing dealership if such dealer ship is located in a county with a population of less than 100,000 according to the United States decennial census of 1990 or any such future census.

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(b) Any franchisor which intends to establish a new dealership or to relocate a current dealership for a particular line-make motor vehicle within the relevant market area of an existing dealership of the same line-make motor vehicle shall give written notice of such intent by certified mail to such existing dealership. The notice shall include:
(1) The specific location of the additional or relocated dealership;
(2) The date on or after which the additional or relocated dealership will commence operation at the new location;
(3) The identity of all existing dealerships in whose relevant market area the new or relocated dealership is to be located; and
(4) The names and addresses of the dealer and principals in the new or relocated dealership.
(c) Any existing dealership in whose relevant market area a franchisor intends to es tablish a new dealership or to relocate a current dealership may within 60 days of the receipt of the notice petition a court or other tribunal of competent jurisdiction to en join or prohibit the establishment of the new or relocated dealership within the rele vant market area of the existing dealership. The court or other tribunal of competent jurisdiction shall enjoin or prohibit the establishment of the new or relocated dealer ship within the relevant market area of the existing dealerships unless the franchisor can prove by a preponderance of the evidence that the existing dealership is not pro viding adequate representation of the line-make motor vehicle in the existing dealer ship's relevant market area and that the new or relocated dealership is necessary to provide the public with reliable and convenient sales and service within the relevant market area. The burden of proof in establishing adequate representation shall be on the franchisor. In determining whether the existing dealership is providing adequate representation and whether the new or relocated dealership is necessary, the court or other tribunal may consider, but is not limited to considering, the following:
(1) The impact that the establishment of the new or relocated dealership will have on consumers, the public interest, and the existing dealership; provided, however, that financial impact may be considered only with respect to the existing dealership;
(2) The size and permanency of investment reasonably made and the reasonable ob ligations incurred by the existing dealership to perform its obligations under the dealership's franchise agreement;
(3) The reasonably expected market penetration of the line-make motor vehicle for the relevant market area involved, after consideration of all factors which may af fect such penetration, including, but not limited to, demographic factors such as age, income, education, size class preference, product popularity, retail lease transac tions, and other factors affecting sales to consumers in the relevant market area;
(4) Any actions by the franchisor in denying its existing dealership of the same line make the opportunity for reasonable growth, market expansion, or relocation, in cluding the availability of line-make motor vehicles in keeping with the reasonable expectations of the franchisor in providing an adequate number of dealerships in the relevant market area;
(5) Any attempts by the franchisor to coerce the existing dealership into consenting to an additional or relocated dealership of the same line-make in the relevant mar ket area;

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(6) Distance, travel time, traffic patterns, and accessibility between the existing dealership of the same line make and the location of the proposed new or relocated dealership;
(7) Whether benefits to consumers will likely occur from the establishment or relo cation of the dealership which benefits cannot be obtained by other geographic or demographic changes or expected changes in the relevant market area;
(8) Whether the existing dealership is in substantial compliance with its franchise agreement;
(9) Whether there is adequate interbrand and intrabrand competition with respect to the line-make motor vehicles, including the adequacy of sales and service facilities;
(10) Whether the establishment or relocation of the proposed dealership appears to be warranted and justified based on economic and market conditions pertinent to dealerships competing in the relevant market area, including anticipated changes; and
(11) The volume of registrations and service business transacted by the existing dealership and in which would be the relevant market area of the proposed dealership."
SECTION 11. Said article is further amended in Part 5, relating to motor vehicle fair practices, by ad ding at the end thereof a new Code Section 10-1-664.1 to read as follows:
"10-1-664.1.

(a) It shall be unlawful for any manufacturer or franchisor to own, operate, or control any new motor vehicle dealer in this state, provided that this Code section shall not be construed to prohibit:
(1) The operation by a manufacturer or franchisor of a new motor vehicle dealer for a temporary period, not to exceed one year, during the transition from one owner or operator to another;
(2) The ownership or control of a new motor vehicle dealer by a manufacturer or franchisor during a period in which such new motor vehicle dealer is being sold under a bona fide contract or purchase option to the operator of the dealership; or
(3) The ownership, operation, or control of a new motor vehicle dealer by a manu facturer or franchisor, if such manufacturer or franchisor has been engaged in the retail sale of new motor vehicles at the location of such new motor vehicle dealer for a continuous period of two years prior to the effective date of this Act and there is no prospective new motor vehicle dealer available to own and operate the franchise in a manner consistent with the public interest.
(b) It shall be unlawful for a manufacturer or franchisor to compete unfairly with a new motor vehicle dealer of the same line make, operating under a franchise, in the relevant market area of a dealer. Ownership, operation, or control of a new motor ve hicle dealer by a manufacturer or franchisor under the conditions set forth in paragraphs (1) through (3) of subsection (a) of this Code section shall not constitute a violation of this subsection.

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(c) Except as may otherwise be provided in subsection (a) of this Code section, no manufacturer or franchisor shall offer to sell or sell, directly or indirectly, any new motor vehicle to a consumer in this state, except through a new motor vehicle dealer holding a franchise for the line make covering such new motor vehicle. This subsec tion shall not apply to manufacturer or franchisor sales of new motor vehicles to the federal government, charitable organizations, or employees of the manufacturer or franchisor or to manufacturer or franchisor sales of motorcycles or motor homes."

SECTION 12.
Said article is further amended by adding at the end thereof a new Part 7 to read as follows:

10-1-670.

"Part 7

Any provision of this article which would, in the absence of this Code section, impair an obligation of a franchise agreement or any other agreement between a franchisor and franchisee shall only apply to any such agreement made, entered into, renewed, extended, modified, or continued after the effective date of such provision. Otherwise, each provision of this article shall apply to all franchise or other agreements."

SECTION 13.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 14. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Porter of the 143rd, Parham of the 122nd and Powell of the 23rd, was read:
A BILL

To amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Georgia Motor Vehicle Franchise Practices Act," so as to change the definition of "dealer," "franchise," and "franchisor" and define the term "relevant market area"; to provide for the filing of petitions with the Department of Revenue; to provide for stand ing in actions under this article; to change certain provisions relating to dealers' claims for compensation for predelivery preparation, warranty service, and recall obligations; to provide for the change of management or sale or transfer of a dealership and to provide for a franchisor's right to limit such change, sale, or transfer; to prohibit a franchisor from requiring a dealer to acquire or transfer a line make of motor vehicle if the dealer does not desire to do so; to make unlawful certain acts by franchisors regarding the de nial of payment of certain claims by dealers; to limit the time during which franchisors can audit dealers; to require franchisors to send invoices to dealers under certain cir cumstances; to prohibit franchisors from operating, owning, or controlling certain dealer ships; to provide for a franchisor's ability to limit a dealer's adding or acquiring a sales or service operation for another line make of motor vehicles; to restrict a franchisor from establishing a new dealership or relocating a current dealership in the relevant market area of an existing dealership; to provide a definition; to provide for notice; to provide for petitions to enjoin or prohibit such actions by a franchisor and procedures for challeng ing the establishment or relocation of a dealership in an existing relevant market area; to provide criteria for determining when a new or current dealership may be established in an existing dealer's relevant market area; to prohibit manufacturers and franchisors from owning, operating, or controlling dealerships in this state, except under certain limited circumstances; to make it unlawful for a manufacturer or franchisor to compete

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with a dealer in the dealer's relevant market area; to provide for related matters; to pro vide for the applicability of the provisions of Article 22 of Chapter 1 of Title 10; to pro vide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Geor gia Motor Vehicle Franchise Practices Act," is amended by striking in their entirety paragraphs (1), (6), and (7) of Code Section 10-1-622, relating to definitions, and in serting in lieu thereof, respectively, new paragraphs (1), (6), and (7) and by inserting a new paragraph (13.1) to read as follows:
"(1) 'Dealer' means any person engaged in the business of selling, offering to sell, soliciting, or advertising the sale of new motor vehicles and who is licensed or other wise authorized to utilize trademarks or service marks associated with one or more makes of motor vehicles in connection with such sales. The term 'dealer' shall also include any person who engages in the repair of motor vehicles, except motor homes, if such repairs are performed pursuant to the terms of a franchise or other agree ment with a franchisor or such repairs are performed as part of a manufacturer's or franchisor's warranty. The term 'dealer' shall not mean any person engaged solely in the business of selling used motor vehicles."
"(6) 'Franchise' means the written agreement or contract between any franchisor and any dealer which purports to fix the legal rights and liabilities of the parties to such agreement or contract and pursuant to which the dealer purchases and resells motor vehicles or leases or rents the dealership facilities. Any letter, memorandum, or other document which imposes a duty, responsibility, restriction, or limitation on a dealer or which fixes the legal rights or liabilities of a dealer shall be subject to the provisions of this article relating to the franchise.
(7) 'Franchisor' means:
(A) Any person, resident or nonresident, who directly or indirectly licenses or oth erwise authorizes one or more dealers to use a trademark or service mark associ ated with a make of motor vehicle in connection with the retail sale of new motor vehicles bearing such trademark or service mark; aad
(B) Any person who in the ordinary course of business and on a recurring basis sells such new motor vehicles to a dealer for resale;; and
(C) Any person who is controlled by a franchisor or more than 10 percent owned by a franchisor, as that term is defined in subparagraphs (A) and (B) of this paragraph."
"(13.1) 'Relevant market area' means:
(A) The area located within a ten mile radius of an existing dealership if such dealership is located in a county with a population of 100,000 or more according to the United States decennial census of 1990 or any such future census; or
(B) The area located within a 20 mile radius of an existing dealership if such dealership is located in a county with a population of less than 100,000 according to the United States decennial census of 1990 or any such future census."
SECTION 2.
Said article is further amended in Code Section 10-1-623, relating to actions for viola tions of the "Georgia Motor Vehicle Franchise Practices Act," by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) and by adding at the end thereof a new subsection (e) to read as follows:

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675

"(a) Notwithstanding the terms, provisions, or conditions of any agreement or franchise or other terms or provisions of any novation, waiver, or other written instru ment, any person who is or may be injured by a violation of a provision of this article or any party to a franchise who is so injured in his business or property by a violation of a provision of this article relating to that franchise or any person so injured because he refuses to accede to a proposal for an arrangement which, if consummated, would be in violation of this article may file a petition with the Department of Revenue as provided in Code Section 10-1-667 or may bring an action in any court of competent jurisdiction for damages and equitable relief including injunctive relief."
"(e) Any corporation or association which is primarily owned by or comprised of deal ers and which primarily represents the interests of dealers shall have standing to file a petition or cause of action with the Department of Revenue or with any court of competent jurisdiction for itself or by, for, or on behalf of any dealer or group of deal ers for an alleged violation of this article or for the determination of any rights cre ated by this article."
SECTION 3.
Said article is further amended in Code Section 10-1-641, relating to dealer's predelivery preparation, warranty service, and recall obligations and compensation therefor by the distributor, manufacturer, or warrantor, by striking in its entirety subsection (c) and in serting in lieu thereof a new subsection (c) to read as follows:
"(c) All such claims shall be either approved or disapproved within 30 days after their receipt on forms and in the manner specified by the manufacturer, distributor, or war rantor, and any claim not specifically disapproved in writing within 30 days after the receipt shall be construed to be approved and payment must follow within 30 days; however, the manufacturer, diatributor, or warrantor may retain the right to audit auch claims and to charge the dealer for false, incorrect, unsubstantiated, or fraudu lent elaimo for a period of not more than two ycara following payment."
SECTION 4.
Said article is further amended by striking in its entirety Code Section 10-1-653, relat ing to the sale of a dealership franchise, and inserting in lieu thereof a new Code Sec tion 10-1-653 to read as follows:
"10-1-653.
(a)-If a new motor vehicle dealer desires to make a change in its executive manage ment or ownership or to sell its principal assets, the new motor vehicle dealer will give the franchisor prior written notice of the proposed change or sale. The franchisor shall not arbitrarily refuse to agree to such proposed change or sale and may not dis approve or withhold approval of such change or sale unless the franchisor can prove by a preponderance of the evidence that its decision is not arbitrary and that the new management, owner, or transferee is unfit or unqualified to be a dealer based on the franchisor's prior written, reasonable, objective, and uniformly applied standards or qualifications which directly relate to the prospective transferee's business experience and financial qualifications. A franchisor may not disapprove or withhold approval of a change or sale if the new management, owner, or transferee is an owner of a dealer ship in the State of Georgia which sells the same line-make motor vehicle as the deal ership being transferred. Where the franchisor rejects a proposed change or sale, the franchisor shall give written notice of his reasons to the new motor vehicle dealer within 60 days. If no such notice is given to the new motor vehicle dealer, the change or sale shall be deemed approved. The franchisor shall have the burden of proof to show that ita disapproval ia not arbitrary.

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(b) In the alternative, the franchisor may offer to purchase an ownership interest in a new motor vehicle dealership on auch terms and conditiona, including entering into any ancillary or auxiliary contracts, ao were disclosed by the owner to the franchisor."
SECTION 5.
Said article is further amended by striking in its entirety Code Section 10-1-654, relat ing to the applicability of the "Motor Vehicle Franchise Continuation and Succession Act," which reads as follows;
"10-1-654.

This part shall be applicable only to franchise agreements made, entered into, re newed, continued, or extended after June 30, 1983.", and inserting in lieu thereof the following: "10-1-654.
Reserved."
SECTION 6. Said article is further amended in subsection (a) of Code Section 10-1-661, relating to ac tions that a franchisor may not require of or coerce from a dealer, by striking in their entirety paragraphs (5) and (6) and inserting in lieu thereof new paragraphs (5), (6), and (7) to read as follows:
"(5) To sell, assign, or transfer any retail installment sales contract obtained by such dealer in connection with the sale by trim such dealer in this state of new mo tor vehicles to a specified finance company or class of such companies or to any other specified persons; er
(6) To provide warranty or other services for the account of franchisor, except as provided in Part 3 of this article, the 'Motor Vehicle Warranty Practices Act:'; or
(7) To acquire or give up, sell, or transfer any line make of motor vehicle once such dealer has notified the franchisor that it does not desire to acquire, give up, sell, or transfer such line make or to retaliate or take any adverse action against a dealer based on such desire."
SECTION 7. Said article is further amended in subsection (a) of Code Section 10-1-662, relating to unlawful acts by franchisors, by striking in their entirety paragraphs (12) and (13) and inserting in lieu thereof new paragraphs (12) through (17) to read as follows:
"(12) To offer to sell or lease or to sell or lease any new motor vehicle or accessory to any dealer at a lower actual price therefor than the actual price offered to any other dealer for the same model vehicle similarly equipped or same accessory or to use any device, including but not limited to an incentive, sales promotion plan, or other similar program, which results in a lower actual price of a vehicle or accessory being offered to one dealer and which is not offered to other dealers of vehicles of the same line-make or the same accessory; er
(13) Except aa provided in subacction (e) of Code Section 101-641 to To conduct an audit, investigation, or inquiry of any dealer or dealership as to any activity, trans action, conduct, or other occurrence which took place more than two years one year prior to such audit, investigation, or inquiry or to base any decision adverse to the dealer or dealership on any activity, transaction, conduct, or other occurrence which took place more than two years one year prior to such decision or which took place

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any time prior to the period of time covered by such audit, investigation, or inquiry or to apply the results of an audit, investigation, or inquiry to any activity, transac tion, conduct, or other occurrence which took place any time prior to the time cov ered by such audit, investigation, or inquiry;
(14) To charge back to, deduct from, or reduce any account of a dealer or any amount of money owed to a dealer by a franchisor any amount of money the franchisor alleges is owed to such franchisor by such dealer as a result of an audit, investigation, or inquiry of such dealer, but rather if a franchisor alleges that a dealer owes such franchisor any amount of money as a result of an audit, investiga tion, or inquiry, such franchisor shall send an invoice to such dealer for such amount and the dealer shall have not less than 30 days to contest such amount or remit payment of such invoice;
(15) To deny, delay payment for, restrict, or bill back a claim by a dealer for pay ment or reimbursement for warranty service or parts, incentives, hold-backs, special program money, or any other amount owed to such dealer unless such denial, delay, restriction, or bill back is the direct result of a material defect in the claim which af fects the validity of the claim;
(16) To engage in business as a dealer or to manage, control, or operate, or own any interest in a dealership either directly or indirectly, if the primary business of such dealer or dealership is to perform repair services on motor vehicles, except motor homes, pursuant to a manufacturer's or franchisor's warranty; or
(17) To refuse to allow, limit, or restrict a dealer from acquiring or adding a sales or service operation for another line make of motor vehicles at the same or expanded facility at which the dealer currently operates a dealership unless the franchisor can prove by a preponderance of the evidence that such acquisition or addition will sub stantially impair the dealer's ability to adequately sell or service such franchisor's motor vehicles."
SECTION 8.
Said article is further amended in Code Section 10-1-663, relating to prohibited acts by franchisors, by striking in its entirety paragraph (4) of subsection (b), which reads as follows:
"(4) Impose unreasonable restrictions on the dealer relative to noncompetition cove nants, site control, whether by sublease, collateral pledge of lease, or otherwise, right of first refusal to purchase, option to purchase, compliance with subjective standards, or other matters incident to the operation of the dealership; or",
and inserting in lieu thereof a new paragraph (4) of subsection (b) to read as follows:
"(4) Establish or create:
(A) By agreement or otherwise, unreasonable restrictions relative to noncompeti tion covenants or site control, whether by sublease, collateral pledge of lease, agreement, or other means;
(B) By agreement or otherwise, a right of first refusal to purchase in favor of the franchisor if the dealer has entered into an agreement to transfer the dealership or its assets;
(C) By agreement or otherwise, an option to purchase the dealership or its assets from the dealer; or
(D) By agreement or otherwise, unreasonable requirements to comply with subjec tive standards or other matters incident to the operation of the dealership; or".

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SECTION 9.
Said article is further amended in Code Section 10-1-663, relating to prohibited acts by franchisors, by striking in its entirety subsection (c) which reads as follows:
"(c) This Code section shall not be effective with respect to franchise agreements en tered into before July 1, 1983, unless such franchise agreements are modified, ex tended, or renewed on or after that date."

SECTION 10.
Said article is further amended in Part 5, relating to motor vehicle fair practices, by ad ding at the end thereof a new Code Section 10-1-664 to read as follows:
"10-1-664.

(a) Any franchisor which intends to establish a new dealership or to relocate a current dealership for a particular line-make motor vehicle within the relevant market area of an existing dealership of the same line-make motor vehicle shall give written notice of such intent by certified mail to such existing dealership. The notice shall include:

(1) The specific location of the additional or relocated dealership;

(2) The date on or after which the additional or relocated dealership will commence operation at the new location;

(3) The identity of all existing dealerships in whose relevant market area the new or relocated dealership is to be located; and

(4) The names and addresses of the dealer and principals in the new or relocated dealership.
(b) Any existing dealership in whose relevant market area a franchisor intends to es tablish a new dealership or to relocate a current dealership may within 60 days of the receipt of the notice petition a court or other tribunal of competent jurisdiction to en join or prohibit the establishment of the new or relocated dealership within the rele vant market area of the existing dealership. The court or other tribunal of competent jurisdiction shall enjoin or prohibit the establishment of the new or relocated dealer ship within the relevant market area of the existing dealerships unless the franchisor can prove by a preponderance of the evidence that the existing dealership is not pro viding adequate representation of the line-make motor vehicle in the existing dealer ship's relevant market area and that the new or relocated dealership is necessary to provide the public with reliable and convenient sales and service within the relevant market area. The burden of proof in establishing adequate representation shall be on the franchisor. In determining whether the existing dealership is providing adequate representation and whether the new or relocated dealership is necessary, the court or other tribunal may consider, but is not limited to considering, the following:

(1) The impact that the establishment of the new or relocated dealership will have on consumers, the public interest, and the existing dealership; provided, however, that financial impact may be considered only with respect to the existing dealership;

(2) The size and permanency of investment reasonably made and the reasonable ob ligations incurred by the existing dealership to perform its obligations under the dealership's franchise agreement;

WEDNESDAY, FEBRUARY 17, 1999

679

(3) The reasonably expected market penetration of the line-make motor vehicle for the relevant market area involved, after consideration of all factors which may af fect such penetration, including, but not limited to, demographic factors such as age, income, education, size class preference, product popularity, retail lease transac tions, and other factors affecting sales to consumers in the relevant market area;
(4) Any actions by the franchisor in denying its existing dealership of the same line make the opportunity for reasonable growth, market expansion, or relocation, in cluding the availability of line-make motor vehicles in keeping with the reasonable expectations of the franchisor in providing an adequate number of dealerships in the relevant market area;
(5) Any attempts by the franchisor to coerce the existing dealership into consenting to an additional or relocated dealership of the same line-make in the relevant mar ket area;
(6) Distance, travel time, traffic patterns, and accessibility between the existing dealership of the same line make and the location of the proposed new or relocated dealership;
(7) Whether benefits to consumers will likely occur from the establishment or relo cation of the dealership which benefits cannot be obtained by other geographic or demographic changes or expected changes in the relevant market area;
(8) Whether the existing dealership is in substantial compliance with its franchise agreement;
(9) Whether there is adequate interbrand and intrabrand competition with respect to the line-make motor vehicles, including the adequacy of sales and service facilities;
(10) Whether the establishment or relocation of the proposed dealership appears to be warranted and justified based on economic and market conditions pertinent to dealerships competing in the relevant market area, including anticipated changes; and
(11) The volume of registrations and service business transacted by the existing dealership and in which would be the relevant market area of the proposed dealership."
SECTION 11.
Said article is further amended in Part 5, relating to motor vehicle fair practices, by ad ding at the end thereof a new Code Section 10-1-664.1 to read as follows:
"10-1-664.1.

(a) It shall be unlawful for any manufacturer or franchisor or any parent, wholly or partially owned subsidiary, officer, or representative of a manufacturer or franchisor to own, operate, or control or to participate in the ownership, operation, or control of any new motor vehicle dealer in this state, provided that this Code section shall not be construed to prohibit:
(1) The ownership, operation, or control by a manufacturer or franchisor of a new motor vehicle dealer for a temporary period, not to exceed one year, during the tran sition from one owner or operator to another;

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(2) The ownership, operation, or control of a new motor vehicle dealer by a manu facturer or franchisor during a period in which such new motor vehicle dealer is be ing sold under a bona fide contract or purchase option to the operator of the dealership;

(3) The ownership, operation, or control of a new motor vehicle dealer by a manu facturer or franchisor, if such manufacturer or franchisor has been engaged in the retail sale of new motor vehicles at the location of such new motor vehicle dealer for a continuous period of two years prior to April 1, 1999, and there is no prospective new motor vehicle dealer available to own and operate the franchise in a manner consistent with the public interest;

(4) The ownership, operation, or control by a manufacturer which manufactures only motorcycles or motor homes of a retail sales operation engaged exclusively in the retail sale of motorcycles or motor homes; or

(5) The ownership, operation, or control by a manufacturer which is selling motor vehicles directly to the public at an established place of business on January 1, 1999, and which has never sold its line make of new motor vehicles in Georgia through a franchised new motor vehicle dealer unless and until such manufacturer is wholly or partially acquired by another manufacturer or distributor.

(b) It shall be unlawful for a manufacturer or franchisor or any parent, wholly or par tially owned subsidiary, officer, or representative of a manufacturer or franchisor to compete with a new motor vehicle dealer of the same line make, operating under a franchise, in the relevant market area of a dealer. Ownership, operation, or control of a new motor vehicle dealer by a manufacturer or franchisor under the conditions set forth in paragraphs (1) through (3) of subsection (a) of this Code section shall not con
stitute a violation of this subsection.

(c) Except as may otherwise be provided in subsection (a) of this Code section, no manufacturer or franchisor shall offer to sell or sell, directly or indirectly, any new motor vehicle to a consumer in this state, except through a new motor vehicle dealer holding a franchise for the line make covering such new motor vehicle. This subsec tion shall not apply to manufacturer or franchisor sales of new motor vehicles to the federal government, charitable organizations, or employees of the manufacturer or franchisor."

SECTION 12.
Said article is further amended by adding at the end thereof a new Part 7 to read as follows:

10-1-670.

"Part 7

Any provision of this article which would, in the absence of this Code section, impair an obligation of a franchise agreement or any other agreement between a manufac turer or franchisor and a franchisee shall only apply to any such agreement made, en tered into, renewed, extended, modified, or continued after the effective date of such provision. Otherwise, each provision of this article shall apply to all franchise or other agreements."

SECTION 13.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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681

SECTION 14. All laws and parts of laws in conflict with this Act are repealed.
Pursuant to Rule 134, Representative Parrish of the 144th was excused from voting on HB 356.
The following amendment was read:
Representatives Ashe of the 46th, Martin of the 47th and Sinkfield of the 57th move to amend the Floor substitute to HB 356 by striking lines 33 through 37 of page 1 and in serting in lieu thereof the following:
"make it unlawful for a manufacturer, distributor, or franchisor to compete unfairly with a new motor vehicle dealer of the same line make by operating as a dealer within an eight-mile radius of such a dealer, subject to certain exceptions; to provide that it shall constitute unfair competition for certain manufacturers, distributors, or franchisors to discriminate unfairly against certain dealers in any matter governed by the franchise agreement; to provide for related". By striking line 15 of page 11 through line 33 of page 12 and inserting in lieu thereof the following: "'10-1-664.1.

(a) It shall be unlawful for any manufacturer, distributor, or franchisor to compete un fairly with a new motor vehicle dealer of the same line make by operating as a dealer within an eight-mile radius of such a dealer, provided that a manufacturer, distribu tor, or franchisor shall not be considered competing unfairly if:
(1) The operation by the manufacturer, distributor, or franchisor of a new motor ve hicle dealer is for a temporary period, not to exceed one year, during a transition from one owner or operator to another;
(2) The ownership or control of a new motor vehicle dealer by a manufacturer, dis tributor, or franchisor is during a period in which such new motor vehicle dealer is being sold under a bona fide contract or purchase option to the operator of the dealership;
(3) The manufacturer, distributor, or franchisor owns, operates, or controls a new motor vehicle dealer, if such manufacturer, distributor, or franchisor has been en gaged in the retail sale of new motor vehicles at the location of such motor vehicle dealer for a continuous period of two years prior to the effective date of this Code section and there is no prospective new motor vehicle dealer available to own and operate the franchise in a manner consistent with the public interest; or
(4) A manufacturer, distributor, or franchisor acquires substantial equity in a deal ership business either in a bona fide relationship with independent third parties or in conjunction with investors who, in either case, have made a significant invest ment in the dealership business, subject to loss, and in which dealership business the manufacturer, distributor, or franchisor does not have majority ownership.
(b) It shall constitute unfair competition for a manufacturer, distributor, or franchisor that owns or operates a new motor vehicle dealership, in whole or in part, to discrimi nate unfairly against any other new motor vehicle dealer in the same line make in any matter governed by the franchise agreement, including without limitation the sale or allocation of vehicles or other products, the rate of warranty reimbursement, or the execution of dealer programs or benefits.'".

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

N Alien N Anderson Y Ashe N Bailey Y Bannister N Barnard N Barnes N Benefield N Birdsong N Bohannon
Y Bordeaux N Borders N Bridges Y Brooks Y Brown N Buck N Buckner N Bulloch
Y Bunn N Burkhalter N Byrd Y Callaway N Campbell N Cash N Channell N Childers Y Clark Y Coan Y Coleman, B N Coleman, T N Connell Y Cooper Y Cox Y Crawford N Cummings Y Davis, M

N Davis, T Y Day Y Dean Y DeLoach, B N DeLoach, G N Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps N Evans N Everett N Felton N Floyd Y Franklin Y Golick N Graves
Y Greene
Y Grindley Y Hammontree N Hanner N Harbin Y Harrell N Heard Y Heckstall
Y Hegstrom N Hembree Y Henson N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, H
N Hudson, N

N Hugley Y Irvin
N Jackson, B N Jackson, L N James N Jamieson
N Jenkins Y Jennings N Jones
Y Joyce Y Kaye
N Lane N Lewis
N Lord N Lucas Y Maddox Y Mann Y Manning Y Martin, J N Martin, J.L N Massey
N McBee N McCall Y McClinton N McKinney Y Millar Y Mills Y Mobley N Morris N Mosley N Mueller N O'Neal Y Orrock N Parham
Parrish Y Parsons

N Pelote N Pinholster N Poag Y Ponder N Porter N Powell N Purcell Y Ragas Y Randall N Ray E Reaves N Reece Y Reed Y Reese Y Reichert Y Rice N Richardson N Roberts N Rogers N Royal Y Sanders Y Sauder Y Scarlett N Scheid N Scott N Shanahan N Shaw N Shipp N Sholar N Sims Y Sinkfield N Skipper N Smith, B N Smith, C Y Smith, C.W N Smith, L

Y Smith, L.R N Smith, P E Smith, T Y Smith, V N Smyre N Snelling N Snow N Squires N Stallings N Stancil N Stanley, P
N Stanley-Turner N Stephens Y Stokes Y Stuckey Y Taylor
Teague N Teper N Tillman N Tolbert N Trense Y Turnquest
Twiggs
N Unterman
N Walker, L Y Walker, R.L N Watson N West Y Westmoreland N Whitaker Y Wiles Y Williams, J N Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 65, nays 109.

The amendment was lost.

The Floor substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substi tute, 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 N Ashe Y Bailey N Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon N Bordeaux
Y Borders
Y Bridges N Brooks N Brown

Y Buck Y Buckner Y Bulloch N Bunn Y Burkhalter Y Byrd N Callaway Y Campbell Y Cash
Y Channell Y Childers N Clark N Coan
Y Coleman, B Y Coleman, T

Y Connell N Cooper N Cox N Crawford Y Cummings N Davis, M Y Davis, T N Day N Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes

N Ehrhart
Y Epps Y Evans Y Everett
Y Felton Y Floyd N Franklin N Golick Y Graves Y Greene N Grindley
Y Hammontree Y Hanner Y Harbin N Harrell

Y Heard Y Heckstall N Hegstrom Y Hembree N Henson Y Holland Y Holmes Y Houston
Y Howard Y Hudgens
Y Hudson, H
Y Hudson, N Y Hugley N Irvin Y Jackson, B

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

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683

Y McKinney
N Millar
Y Mills N Mobley Y Morris Y Mosley Y Mueller Y O'Neal N Orrock
Y Parham Parrish
N Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell N Ragas Y Randall

Y Ray
E Reaves Y Reece N Reed N Reese Y Reichert N Rice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder N Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims

N Sinkfield Y Skipper Y Smith, B Y Smith, C N Smith, C.W Y Smith, L N Smith, L.R Y Smith, P
E Smith, T Y Smith, V Y Smyre
Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes N Stuckey

Y Taylor
Teague Y Teper Y Tillman Y Tolbert
Y Trense N Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson
Y West N Westmoreland Y Whitaker N Wiles N Williams, J Y Williams, R Y Wix N Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 127, nays 48. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Day of the 153rd stated that he inadvertently voted "nay" on the preced ing roll call. He wished to be recorded as voting "aye" thereon. By unanimous consent, HB 356 was ordered immediately transmitted to the Senate. The Speaker announced the House in recess until 2:00 o'clock this afternoon.

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AFTERNOON SESSION
The Speaker Pro Tern called the House to order.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 337. By Representative Floyd of the 138th: A resolution recognizing the Cordele-Crisp County Fish Fry and commending Mr. Don Tucker, Mr. Richard E. Smith, Mr. James Nance, and Ms. Jean Burnette, and inviting the cooking team to appear before the House of Representatives.
HR 358. By Representative Randall of the 127th:
A resolution welcoming citizens and public officials from Macon and Bibb County, observing February 22, 1999, as Macon Day in Atlanta-Taste of Macon, recognizing the 1999 Cherry Blossom Festival, and inviting certain offi cials and dignitaries from the Macon Bibb County area to appear before the House of Representatives.
The following Resolutions of the House were read and adopted: HR 338. By Representative Jones of the 71st:
A resolution commending Dasie S. Thames. HR 339. By Representatives Byrd of the 170th, Harrell of the 62nd and Mosley of the
171st: A resolution commending the Appling County High School girls softball team. HR 340. By Representative Byrd of the 170th: A resolution commending World Vision's 30-Hour Famine. HR 341. By Representatives Mueller of the 152nd, Jackson of the 148th, Trense of the 44th, Smyre of the 136th, Parrish of the 144th and others: A resolution recognizing the Governor's Council on Developmental Disabili ties Day at the Capitol.
HR 342. By Representatives Walker of the 141st, Murphy of the 18th, Buck of the 135th, Dixon of the 168th and Smyre of the 136th: A resolution recognizing and commending Earl T. Leonard, Jr.
HR 343. By Representative Stephens of the 150th:
A resolution expressing regret at the passing of John Deloach. HR 344. By Representative Jamieson of the 22nd:
A resolution recognizing The Preservers at Stephens County Middle School.
HR 345. By Representatives Bailey of the 93rd, Murphy of the 18th, Benefield of the 96th, Barnes of the 97th and Dodson of the 94th: A resolution honoring Edgar Blalock and expressing regret at his passing.
HR 346. By Representatives Bailey of the 93rd, Barnes of the 97th, Benefield of the 96th and Dodson of the 94th: A resolution commending Lamar Wilson.

WEDNESDAY, FEBRUARY 17, 1999

685

HR 347. By Representatives Connell of the 115th, Williams of the 114th, Howard of the 118th, Anderson of the 116th and DeLoach of the 119th: A resolution commending the Augusta-Richmond County Human Relations Commission.
HR 348. By Representatives Mueller of the 152nd, Jackson of the 148th, Day of the 153rd, Stephens of the 150th, Bordeaux of the 151st and others: A resolution recognizing and commending General Michael E. Ryan as Chief of Staff of the U. S. Air Force.
HR 349. By Representatives Mueller of the 152nd, Massey of the 86th, Day of the 153rd, Coan of the 82nd and Irvin of the 45th:
A resolution expressing congratulations to the family on the birth of Dylan James Ward. HR 350. By Representatives Jenkins of the 110th, James of the 140th, Massey of the 86th, Jackson of the 112th, Whitaker of the 7th and others: A resolution expressing regret at the passing of Steven F. Schildecker. HR 351. By Representative Burkhalter of the 41st: A resolution commending Zora Huoni. HR 352. By Representatives James of the 140th, Ray of the 128th, Walker of the 141st, Skipper of the 137th, Tillman of the 173rd and others: A resolution commending Clifford D. Woods. HR 353. By Representatives Hugley of the 133rd, Taylor of the 134th and Smyre of the 136th: A resolution commending Diane Patrice Tucker and welcoming her to Colum bus, Georgia. HR 354. By Representatives Birdsong of the 123rd and Jenkins of the 110th: A resolution commending Ms. Jennifer McClung. HR 355. By Representatives Holmes of the 53rd, Heckstall of the 55th, Brooks of the 54th, Reed of the 52nd, Stanley of the 49th and others: A resolution commending Charles Ratterree.
HR 356. By Representatives Bailey of the 93rd, Smith of the 103rd and Evans of the 28th: A resolution commending Seth Alan Garner.
The Speaker assumed the Chair.
Under the general order of business, established by the Committee on Rules, the follow ing Bills and Resolution of the House and Senate were taken up for consideration and read the third time: HB 235. By Representative Twiggs of the 8th:
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 provide that a sheriff or employee of such officer shall be authorized to store for computer retrieval any or all records, dockets, books, indices, or files and to combine or consolidate any records, dockets, books, indices, or files in connection with the maintenance of any records required by law.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

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JOURNAL OF THE HOUSE

Y Alien Y Anderson Y Ashe
Bailey Y Bannister
Barnard
Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner
Bulloch Y Bunn
Burkhalter Y Byrd Y Callaway
Campbell
Cash Channell
Y Childers Clark
Y Coan Y Coleman, B
Coleman, T Y Connell Y Cooper Y Cox
Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G
Dix Y Dixon Y Dodson Y Dukes
Ehrhart
Epps Y Evans Y Everett Y Felton
Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Hegstrom Y Hembree Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Hudson, H Y Hudson, N

Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall
McClinton Y McKinney Y Millar Y Mills
Mobley Y Morris Y Mosley Y Mueller Y CCNeal
Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray E Reaves Y Reece
Heed Y Reese Y Reichert Y Rice Y Richardson
Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper
Smith, B 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
Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman
Tolbert
Trense Turnquest
Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson
West Y Westmoreland
Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 140, nays 0.

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

Representatives Tolbert of the 25th, Cash of the 108th, Channell of the lllth and Jones of the 71st stated that they had been called from the floor of the House during the pre ceding roll call. They wished to be recorded as voting "aye" thereon.

The Speaker Pro Tern assumed the Chair.
HR 207. By Representatives Twiggs of the 8th, Rogers of the 20th, Coleman of the 142nd, Smyre of the 136th, Royal of the 164th and others:
A resolution proclaiming Thunder Road USA-Georgia Racing Hall of Fame as Georgia's official Racing Hall of Fame.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield

Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck

Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway
Campbell Y Cash

Channell Y Childers
Clark Y Coan Y Coleman, B Y Coleman, T
Connell Y Cooper

Y Cox Crawford
Y Cummings Y Davis, M Y Davis, T Y Day Y Dean Y DeLoach, B

Y DeLoach, G Dix
Y Dixon Y Dodson Y Dukes Y Ehrhart
Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Hanner
Y Harbin Y Harrell
Y Heard Y Heckstall
Y Hegstrom Y Hembree
Henson Y Holland
Y Holmes Houston

WEDNESDAY, FEBRUARY 17, 1999

Y Howard Y Hudgens
Hudson, H Y Hudson, N Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Jones Y Joyce
Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann
Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton

McKinney
Y Millar Y Mills
Y Mobley Y Morris
Y Mosley Y Mueller Y O'Neal
Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag
Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray E Reaves Y Reece
Reed Y Reese Y Reichert Y Rice

Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow Squires

687
Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner
Y Stephens
Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert
Trense Turnquest Twiggs Y Unterm an Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Williams, R Y Wix Y Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 149, nays 0.

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

Representatives Channell of the lllth and Jones of the 71st stated that they had been called from the floor of the House during the preceding roll call. They wished to be re corded as voting "aye" thereon.
HB 115. By Representatives Wiles of the 34th, Parsons of the 40th, Powell of the 23rd, Ehrhart of the 36th, Cooper of the 31st and others:
A bill to amend Code Section 40-5-31 of the Official Code of Georgia Anno tated, relating to replacement drivers' licenses or permits, so as to provide for issuance or a replacement license or permit for the period of time remain ing on the original issuance.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges
Brooks Y Brown Y Buck Y Buckner

Bulloch Bunn Burkhalter Byrd Callaway Campbell
Cash Channell
Childers Clark Coan Coleman, B
Coleman, T Connell Cooper Cox Crawford

Y Cummings Y Davis, M Y Davis, T
Day Y Dean Y DeLoach, B Y DeLoach, G
Dix Y Dixon Y Dodson Y Dukes Y Ehrhart
Epps Y Evans Y Everett
Felton Y Floyd

Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree
Henson Y Holland Y Holmes Y Houston

Howard Y Hudgens
Hudson, H Y Hudson, N Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Jones Y Joyce Y Kaye Y Lane Y Lewis

688
Lord Lucas Maddox Mann Manning Martin, J Martin, J.L Massey McBee McCall McClinton McKinney Millar Mills Mobley Morris Mosley Mueller O'Neal

JOURNAL OF THE HOUSE

Orrock Parham Parrish Y Parsons Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Randall Y Ray E Reaves Y Reece Reed Y Reese Y Reichert

Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B 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 N Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague

Y Teper
Y Tillman
Y Tolbert
Trense
Turnquest Y Twiggs
Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 147, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
Representatives Channell of the lllth and Jones of the 71st stated that they had been called from the floor of the House during the preceding roll call. They wished to be re corded as voting "aye" thereon.
HB 530. By Representatives Holmes of the 53rd, Hudson of the 120th, Scott of the 165th, DeLoach of the 172nd, Watson of the 70th and others:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, relating to elections and primaries generally, so as to change provi sions relating to qualifying fees; to clarify the computation of time provision; to provide that persons who hold elective or party office cannot simultane ously serve as an election superintendent.
The following Committee substitute was read:
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 provisions relating to qualifying fees; to clarify the computation of time provision; to provide that certain persons who hold elective office cannot simultaneously serve as an election superintendent; to provide that in municipal special elections certain notice requirements shall not apply; to provide that notice of write-in candidacy shall be filed and published; to clarify provisions relat ing to designation of office sought in certain elections; to limit the number of offices an individual may run for in a primary, election, or special election; to change provisions relating to the determination of the residence of a person registering to vote; to change provisions relating to mailing notice to ineligible or deceased electors; to clarify provi sions relating to the definition of absentee elector and the way to qualify as such; to change certain provisions relating to requesting absentee ballots; to change provisions relating to permissible activities of poll watchers; to change provisions relating to the counting of ballots in counties using vote recorders; to change provisions relating to the number of votes required for election in certain municipalities; to make conforming and housekeeping changes relating the 1998 merger of the general and municipal election codes; to provide for related matters; to repeal conflicting laws; and for other purposes.

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689

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, is amended by striking subsection (d) of Code Section 21-2-5, relat ing to qualifications of candidates, and inserting in lieu thereof the following:
"(d) In the event that a candidate pays his or her qualifying fee with a check that is subsequently returned for insufficient funds, the Secretary of State shall automatically find that such candidate has not met the qualifications for holding the office being sought, unless the bank, credit union, or other financial institution returning the check certifies in writing by an officer's or director's oath that the bank, credit union, or financial institution erred in returning the check.
(e) The elector filing the challenge or the candidate challenged shall have the right to appeal the decision of the Secretary of State by filing a petition in the Superior Court of Fulton County within ten days after the entry of the final decision by the Secretary of State. The filing of the petition shall not itself stay the decision of the Secretary of State; however, the reviewing court may order a stay upon appropriate terms for good cause shown. As soon as possible after service of the petition, the Secretary of State shall transmit the original or a certified copy of the entire record of the proceedings under review to the reviewing court. The review shall be conducted by the court with out a jury and shall be confined to the record. The court shall not substitute its judg ment for that of the Secretary of State as to the weight of the evidence on questions of fact. The court may affirm the decision or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the findings, inferences, conclusions, or decisions of the Secretary of State are:
(1) In violation of the Constitution or laws of this state;
(2) In excess of the statutory authority of the Secretary of State;
(3) Made upon unlawful procedures;
(4) Affected by other error of law;
(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(6) Arbitrary or capricious or characterized by an abuse of discretion or a clearly un warranted exercise of discretion.
An aggrieved party may obtain a review of any final judgment of the superior court by the Court of Appeals or the Supreme Court, as provided by law."
SECTION 2.
Said chapter is further amended by striking Code Section 21-2-14, relating to the com putation of time, and inserting in lieu thereof the following:
"21-2-14.

Unless otherwise stated in a specific Code section of this chapter, time periods under this chapter include Saturdays, Sundays, and legal holidays. When the last day for the exercise of any privilege or the discharge of any duty prescribed or required by this

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chapter shall fall on a Saturday, Sunday, or legal holiday, the next succeeding busi ness day shall be the last day for the exercise of such privilege or the discharge of such duty."
SECTION 3.
Said chapter is further amended by striking Code Section 21-2-76, relating to eligibility of persons holding elective office or office in a political party to serve as an election su perintendent, and inserting in lieu thereof the following:
"21-2-76.

No person who holds office in a political party at any level of such political party ahall be eligible to serve aa county election aupcrintcndont during the term of such political party office.--On and after April 16, 1006, the position of any county election aupcrin tondcnt ahall bo deemed vacant upon auch aupcrintcndont'a assuming a political party office. No person who holds elective office, as defined in this chapter and including every municipal office to which persons can be elected by a vote of the electors under the laws of this state but excluding the office of probate judge, shall be eligible to serve as county or municipal election superintendent during the term of such elective office; and the position of any election superintendent other than a probate judge shall be deemed vacant upon such superintendent's qualifying as a candidate for elective public office, as defined in this chapter and including any municipal office to which persons can be elected by a vote of the electors under the laws of this state."
SECTION 4.
Said chapter is further amended by striking subsection (a) of Code Section 21-2-131, re lating to the fixing, publishing, and manner of payment of qualifying fees, and inserting in lieu thereof the following:
"(a) Qualification fees for party and public offices shall be fixed and published as follows:
(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 or municipal 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 preced ing calendar year including all supplements authorized by law if a salaried office; provided, however, that for the offices of clerk of the superior court, judge of the pro bate 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 governing authority of such county or municipality, such fee not to exceed 3 percent of the income derived from such county office by the person holding the office for the preceding year or more than $35.00 for a municipal office;
(2) Within the same time limitation as provided in paragraph (1) of this subsection, the Secretary of State shall fix and publish a qualifying fee for any candidate quali fying by this method with a state political party and for any candidate qualifying with the Secretary of State for a nonpartisan primary and for any candidate filing with the Secretary of State his or her notice of candidacy for a general or special election. Such fee shall be 3 percent of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400.00. If not a salaried office, a reasonable fee shall be set by the Secretary of State, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year;

WEDNESDAY, FEBRUARY 17, 1999

691

(3) A reasonable qualifying fee may be set according to party rule for each political party office to be filled in a primary. Such fees shall be set and published by the county or state political party not later than February 1 of the year in which the primary is to be held for the filling of such party office."
SECTION 5.
Said chapter is further amended by striking subsection (c) of Code Section 21-2-132, re lating to filing a notice of candidacy, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) All other candidates shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the election ballot by the Secretary of State or election superin tendent, as the case may be, in the following manner:
(1) Each candidate for federal or state office, or his or her agent, desiring to have his or her name placed on the election ballot shall file a notice of his or her candi dacy, giving his or her name, residence address, and the office he or she is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Mon day in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election;
(2) Each candidate for a county office, or his or her agent, desiring to have his or her name placed on the election ballot shall file notice of his or her candidacy in the office of the superintendent of his or her county no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election;
(3) Each candidate for municipal office or a designee shall file a notice of candidacy in the office of the municipal superintendent of such candidate's municipality during the municipality's qualifying period. Each municipal superintendent shall designate the days of the qualifying period, which shall be no less than three days and no more than five days. The days of the qualifying period shall be consecutive days. Qualifying periods shall comply with the following:
(A) In the case of a general election held in an odd-numbered year, the municipal qualifying period shall commence no earlier than 8:30 A.M. on the second Monday in September immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday;
(B) In the case of a general election held in an even-numbered year, the munici pal qualifying period shall commence no earlier than 8:30 A.M. on the last Mon day in August immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday; and
(C) In the case of a special election, the municipal qualifying period shall com mence no earlier than the date of the call and shall end no later than 25 days prior to the election.
The hours of qualifying each day shall be from 8:30 A.M. until 4:30 P.M. with one hour allowed for the lunch break; provided, however, that municipalities which have normal business hours which cover a lesser period of time shall conduct qualifying during normal business hours for each such municipality. Notice Except in the case

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of a special election, notice of the opening and closing dates and the hours for candi dates to qualify shall be published at least two weeks prior to the opening of the qualifying period."
SECTION 6. Said chapter is further amended by striking subsection (a) of Code Section 21-2-133, re lating to notice of intent of write-in candidacy, and inserting in lieu thereof the following:
"(a) No person elected on a write-in vote shall be eligible to hold office unless notice of his or her intention of candidacy was given filed and published no earlier than Janu ary 1 and no later than the Tuesday after the first Monday in September prior to the election in the case of a general election or at least 20 or more days prior to a special election by the person to be a write-in candidate or by some other person or group of persons qualified to vote in the subject election, as follows:
(1) In a state general or special election, te notice shall be filed with the Secretary of State and by publication published in a paper of general circulation in the state;
(2) In a general or special election of county officers, te notice shall be filed with the superintendent of elections in the county in which he or she is to be a candidate and by publication published in the official organ of the same county; or
(3) In a municipal general or special election, to notice shall be filed with the super intendent and by publication published in the official gazette of the municipality holding the election."
SECTION 7. Said chapter is further amended by striking Code Section 21-2-135, relating to the desig nation of specific office sought when the office has multiple officeholders with the same title, and inserting in lieu thereof the following:
"21-2-135.

(a)(l) In the case of a public office having multiple officeholders with the same title, each candidate, including write-in candidates, shall, when:
(1) Qualifying with hia or her party in the case of a primary;
(3) Filing hia or her notice of candidacy in the case of an election;
(3) Filing hia or her notice of candidacy in the case of a nonpartiaan primary; and
(4) Filing hia or her notice of candidacy aa a write-in candidate,
designate the specific office he or she is seeking tat& , name the person such candi date is seeking to succeed, and give such other appropriate designation as may be required by the Secretary of State or election superintendent each time such candi date qualifies with his or her party in the case of a primary, files a notice of candi dacy in the case of an election or a nonpartisan primary, or files a notice of candidacy as a write-in candidate. The designation of the specific office and the name of the person whom a candidate is seeking to succeed in the case of a public office hav ing multiple officeholders shall be entered on the ballot and ballot labels in such manner that in the ensuing primary or election such candidate shall only oppose the other candidate or candidates, if any, who designated the same specific office and the same name.

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693

(2) In the case of a candidate, including a write-in candidate, seeking one of two or more municipal public offices, each having the same title and each being filled at the same election by the vote of the same electors, the applicable municipal charter or ordinance provisions shall govern whether such candidate shall designate the specific office he or she is seeking. If required to designate the specific office, the candidate shall name his or her incumbent or give other appropriate designation as specified in the charter or ordinance. Such designation shall be entered on the ballot and ballot labels in such manner that in the ensuing municipal primary or election such candidate shall only oppose the other candidate or candidates, if any, designat ing the same specific office.
(b) In the case of the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, the name of the person such candidate is seeking to succeed and such other designation as may be required by the Secretary of State or election superintendent shall be included in the title of the office on the ballot in all nonpartisan primaries and elections."
SECTION 8.

Said chapter is further amended by striking Code Section 21-2-136, relating to the re striction on the number of offices for which an individual may be nominated or a candi date in any one election, and inserting in lieu thereof the following:

"21-2-136.
No person shall be nominated, nor shall any person be a candidate in a primary w , election, or special election, for more than one of the following public offices to be filled at any one election or special election: Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, United States senator or repre sentative in Congress, Public Service Commissioner, Justice of the Supreme Court, Judge of the Court of Appeals, judge of the probate court, clerk of the superior court, tax commissioner, tax collector, sheriff, judge of the superior court, county treasurer, county school superintendent, tax receiver, and members of the Senate and House of Representatives of the General Assembly, any elected county officer, and any elected municipal officer."
SECTION 9.

Said chapter is further amended by striking paragraphs (12) and (13) of subsection (a) of Code Section 21-2-217, relating to rules for determining the residence of a person desir ing to register to vote, and inserting in lieu thereof the following:
"(12) If a person is adjudged mentally ill and is committed to an institution for the mentally ill, such person shall not be considered to have gained a residence for vot ing purposes in the county in which the institution to which such person is commit ted is located;
(13) If a person goes into another state and while there exercises the right of a citi zen by voting, such person shall be considered to have lost such person's residence in this state; and
(14) The county or municipality in which a person has declared a homestead exemp tion shall be deemed the county or municipality of the person's residence."

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SECTION 10.
Said chapter is further amended by striking Code Section 21-2-231, relating to lists of persons unqualified to vote and removal of and notice to such persons, and inserting in lieu thereof a new Code section to read as follows:
"21-2-231.

(a) The clerk of the superior court of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who were 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 de clared 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 pre scribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who died during the preceding calendar month in the county. The Secretary of State may, by agreement with the commissioner of human resources, obtain such information from the state registrar of vital statistics.
(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 all 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, other than those persons who are deceased, by firstclass 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 11.
Said chapter is further amended by striking Code Section 21-2-380, relating to the defi nition of absentee elector, and inserting in lieu thereof the following:
"21-2-380.

As used in this article, the term 'absentee elector' means an elector of this state or a municipality thereof who:
(1) Is required to be absent from his or her precinct during the time of the primary or election he or she desires to vote in;
(2) Will perform any of the official acts or duties set forth in this chapter in connec tion with the primary or election he or she desires to vote in;

WEDNESDAY, FEBRUARY 17, 1999

695

(3) Because of physical disability or because of being required to give constant care to someone who is physically disabled, will be unable to be present at the polls on the day of such primary or election;
(4) Because the election or primary falls upon a religious holiday observed by such elector, will be unable to be present at the polls on the day of such primary or election;
(5) Is required to remain on duty in his or her place of employment for the protec tion of the health, life, or safety of the public during the entire time the polls are open when such place of employment is within the precinct in which the voter re sides; Of
(6) Is a member of the armed forces of the United States, a member of the merchant marine of the United States, or a spouse or dependent of such a member of the armed forces or the merchant marine who resides with or is accompanying said member outside the county or municipality as further described in Code Section 21-2-381; or
(7) Is 75 years of age or older."
SECTION 12.
Said chapter is further amended by striking subsection (a) of Code Section 21-2-381, re lating to application and eligibility for absentee ballots, and inserting in lieu thereof the following:
"(a)(l) Not more than 180 days prior to the date of the primary or election, or runoff of either, in which the elector desires to vote, any absentee elector may make, either by mail, by facsimile transmission, or in person in the registrar's or absentee ballot clerk's office, an application for an official ballot of the elector's precinct to be voted at such primary, election, or runoff. In the case of an elector residing temporarily out of the county or municipality or a physically disabled elector residing within the county or municipality, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by such elector's mother, father, grand parent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the age of 18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector; the per manent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; and the name and relationship of the person requesting the ballot if other than the elector. Except in the case of physically disabled electors residing in the county or municipality, no absentee bal lot shall be mailed to an address other than the permanent mailing address of the elector as recorded on the elector's voter registration record or a temporary out-ofcounty or out-of-municipality address. Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign such elector's own application because of illiteracy or physical disability, the elector shall make such elector's mark, and the person fill ing in the rest of the application shall sign such person's name below it as a witness; provided, however, that one . One timely and proper application for an absen tee ballot for use in a primary shall be sufficient to require the mailing of the absentee ballot to: (A) for such primary as well as for any runoffs resulting there from and for the election for which such primary shall nominate candidates and any runoffs resulting therefrom to an eligible absentee elector who lives outside the

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county or municipality in which the election is held and is also a member of the armed forces of the United States, a member of the merchant marine of the United States, or a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member or overseas citizen; or (B) any . Any elector meeting criteria of advanced age or disability specified by rule or regula tion of the Secretary of State may request in writing on one application a ballot for such a primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates as well as any runoffs resulting therefrom. If not so requested by such person a separate and distinct application shall be required for each primary, run-off primary, election, and run-off election. Further, aueh application for an absentee ballot to be used in any election shall be sufficient to require the mailing of an absentee ballot for any runoffs resulting from such election.--In any event, Notwithstanding the foregoing, a separate and distinct application for an absentee ballot shall always be required for the presidential pref erence primary held pursuant to Article 5 of this chapter and for any special elec tion or special primary.
(2) A properly executed registration card submitted under the provisions of subsec tion (b) of Code Section 21-2-219, if submitted within 180 days of a primary or elec tion in which the registrant is entitled to vote, shall be considered to be an applica tion for an absentee ballot under this Code section, or for a special absentee ballot under Code Section 21-2-381.1, as appropriate.
(3) Any application for an official absentee ballot that is distributed by a person, en tity, or organization shall require a voter to identify thereon which one of the le gally acceptable categories of absentee electors listed in Code Section 21-2-380 authorizes the voter to vote by absentee ballot."
SECTION 13.
Said chapter is further amended by striking Code Section 21-2-384, relating to prepara tion and delivery of absentee ballot supplies, and inserting in lieu thereof the following:
"21-2-384.

(a) The superintendent shall, as soon as practicable prior to each primary or election, but at least 45 days prior to any primary or general election other than a municipal primary or election, and at least 21 days prior to any municipal primary or general election, prepare, or obtain, and deliver an adequate supply of official absentee ballots; envelopes, to the board of registrars or absentee ballot clerk for use in the primary or election. Envelopes and other supplies as required by this article^-to may be ordered by the superintendent, the board of registrars, or the absentee ballot clerk for use in the primary or election. The board of registrars or absentee ballot clerk shall, within two days after the receipt of such ballots and supplies, mail or issue official absentee ballots to all eligible applicants; and, as additional applicants are determined to be eli gible, the board or clerk shall mail or issue official absentee ballots to such additional applicants immediately upon determining their eligibility; provided, however, that no absentee ballot shall be mailed by the registrars or absentee ballot clerk on the day prior to a primary or election. The date a ballot is voted in the registrars' or absentee ballot clerk's office or the date a ballot is mailed to an elector and the date it is re turned shall be entered on the application record therefor. The delivery of an absen tee ballot to a person confined in a hospital may be made by the registrar or clerk on the day of a primary or election or during a five-day period immediately preceding the day of such primary or election. In the event an absentee ballot which has been mailed by the board of registrars or absentee ballot clerk is not received by the appli cant, the applicant may notify the board of registrars or absentee ballot clerk and sign an affidavit stating that the absentee ballot has not been received. The board of regis-

WEDNESDAY, FEBRUARY 17, 1999

697

trars or absentee ballot clerk shall then issue a second absentee ballot to the applicant and cancel the original ballot issued. The affidavit shall be attached to the original application. A second application for an absentee ballot shall not be required.

(o.l) Notwithstanding any provision of law to the contrary, at least 31 daya prior to the presidential preference primary to bo held in 1902, the superintendent ohall pre pare or obtain and deliver an adequate aupply of official abocntcc ballots, envelopes, and other aupplica aa required by thia article to the board of registrars for uac in the presidential preference primary.

(b) In addition to the mailing envelope, the superintendent, board of registrars, or ab sentee ballot clerk shall provide two envelopes for each official absentee ballot, of such size and shape as shall be determined by the Secretary of State, in order to per mit the placing of one within the other and both within the mailing envelope. On the smaller of the two envelopes to be enclosed in the mailing envelope shall be printed the words 'Official Absentee Ballot' and nothing else. On the back of the larger of the two envelopes to be enclosed within the mailing envelope shall be printed the form of oath of the elector and the oath for persons assisting electors, as provided for in Code Section 21-2-409, and the penalties provided for in Code Sections 21-2-568, 21-2-573, 21-2-579, and 21-2-599 for violations of oaths; and on the face of such envelope shall be printed the name and address of the board of registrars or absentee ballot clerk. The mailing envelope addressed to the elector shall contain the two envelopes, the offi cial absentee ballot, and the uniform instructions for the manner of preparing and re turning the ballot, in form and substance as provided by the Secretary of State and nothing else.

(c) The oaths referred to in subsection (b) of this Code section shall be in substantially the following form:

I, the undersigned, do swear (or affirm) that I am a citizen of the United States and
of the State of Georgia; that my residence address is _______________ County, Georgia; that I possess the qualifications of an elector required by the laws of the State of Georgia; that I am entitled to vote in the precinct containing my resi dence in the primary or election in which this ballot is to be cast; that I am eligible to vote by absentee ballot; that I have not marked or mailed any other absentee bal lot, nor will I mark or mail another absentee ballot for voting in such primary or election; nor shall I vote therein in person; and that I have read and understand the instructions accompanying this ballot; and that I have carefully complied with such instructions in completing this ballot. I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candi dates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.

Elector's Residence Address
Month and Day of Elector's Birth
Oath of Person Assisting Elector (if any):

Elector's Place of Birth Signature or Mark of Elector

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I, the undersigned, do swear (or affirm) that I assisted the above-named elector in marking such elector's absentee ballot as such elector personally communicated such elector's preference to me; that I am satisfied that such elector presently possesses the disability noted below; and that by reason of such disability such elector is enti tled to receive assistance in voting under provisions of subsection (a) of Code Section 21-2-409.

This, the ____ day of ___________.

Signature of Person Assisting Elector -- Relationship
Reason for assistance (Check appropriate square):
( ) Elector is unable to read the English language.
( ) Elector has following physical disability ____
The forms upon which such oaths are printed shall contain the following information:
Georgia law provides, in subsection (b) of Code Section 21-2-409, that no person shall assist more than ten electors in any primary or election.
Georgia law further provides that any person who knowingly falsifies information so as to vote illegally by absentee ballot or who illegally gives or receives assistance in voting, as specified in Code Section 21-2-568, 21-2-573, or 21-2-579, shall be guilty of a misdemeanor.
(d) Each board of registrars or absentee ballot clerk shall maintain for public inspec tion a master list, arranged by precincts, setting forth the name and residence of every elector to whom an official absentee ballot has been sent. Absentee electors whose names appear on the master list may be challenged by any elector prior to clos ing of the polls on the day of the primary or election."
SECTION 14.
Said chapter is further amended by striking subsection (d) of Code Section 21-2-408, re lating to poll watchers, and inserting in lieu thereof the following:
"(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 inter fere 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, using photographic or other electronic monitoring or recording devices, or partici pating 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 irregu larities 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

WEDNESDAY, FEBRUARY 17, 1999

699

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 15.
Said chapter is further amended by striking Code Section 21-2-411, relating to the re turn and retention of checked lists of electors and voter's certificates to the registrars, and inserting in lieu thereof the following:
"21-2-411.

The chief manager in each precinct shall return a checked list of electors, reflecting those who voted and those who received assistance in voting and the voter's certifi cates to the superintendent, to be deposited with the registrars. The board of regis trars shall keep such voter's certificates for at least 24 months and such electors lists for at least ten five years, and the same shall be available for public inspection."
SECTION 16.
Said chapter is further amended by striking subsections (a), (b), and (c) of Code Section 21-2-471, relating to the counting of ballots and the printing and posting of returns in precincts using vote recorders, and inserting in lieu thereof the following:
"(a) In primaries and elections in which vote recorders have been used, the ballot cards shall be counted at one or more tabulating machine centers under the direction of the superintendent. All persons who perform any duties at the a tabulating ma chine center shall be deputized by the superintendent, and only persons so deputized shall touch any ballot card, 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 a tabulating machine center or other locations designated by the superintendent as provided in subsection (c) of this Code section shall be open to the view of the public, but no person except one employed and designated for the purpose by the superintendent or his or her authorized deputy shall touch any ballot cards or ballot card container.

(c) At the a tabulating machine center or such other location or locations designated by the superintendent for this purpose, the seal on each container of ballot cards shall be inspected, and it shall be certified that the seal has not been broken before the container is opened. The ballot cards and other contents of the container shall then be removed, and the ballot cards shall be prepared for processing by the tabulating ma chine. The ballot cards of each polling place shall be plainly identified and not com mingled with the ballot cards of other polling places."

SECTION 17.
Said chapter is further amended by striking subsection (b) of Code Section 21-2-501, re lating to the number of votes required for election, and inserting in lieu thereof the following:

"(b) For the purposes of this subsection and notwithstanding the provisions of para graph (22) of Code Section 21-2-2, the word 'plurality' shall mean the receiving by one candidate alone of the highest number of votes cast. If the municipal charter or ordi nances of a municipality as now existing or as amended subsequent to September 1, 1968, provide that a candidate may be nominated or elected by a plurality of the votes cast to fill such nomination or public office, such provision shall prevail. Otherwise,

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no municipal candidate shall be nominated for public office in any primary or elected to public office in any election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office."
SECTION 18. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:

Representative Irvin of the 45th moves to amend the Committee substitute to HB 530 as follows: Add after "exemption" on line 35, page 9, the following
", if a homestead exemption has been claimed,".
The following amendment was read:

Representative Davis of the 60th moves to amend the Committee substitute to HB 530 as follows:
Insert on p. 17 on line 32 after "devices"

"unless used to prevent or detect voter fraud or irregularities".

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

N Alien N Anderson
Ashe
N Bailey Bannister
Y Barnard N Barnes N Benefield N Birdsong Y Bohannon N Bordeaux N Borders Y Bridges N Brooks Y Brown N Buck N Buckner N Bulloch Y Bunn Y Burkhalter
N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers
Clark Y Coan Y Coleman, B N Coleman, T
Connell Y Cooper N Cox Y Crawford N Cummings Y Davis, M

N Davis, T Y Day N Dean N DeLoach, B Y DeLoach, G Y Dix N Dixon N Dodson
Dukes Y Ehrhart
Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves N Greene Y Grindley Y Hammontree N Manner
Y Harbin N Harrell N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Houston N Howard Y Hudgens
Hudson, H Y Hudson, N

N Hugley Y Irvin Y Jackson, B N Jackson, L N James
Jamieson N Jenkins Y Jennings N Jones Y Joyce Y Kaye N Lane Y Lewis N Lord N Lucas N Maddox Y Mann Y Manning N Martin, J Y Martin, J.L Y Massey N McBee
McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish Y Parsons

N Pelote Y Pinholster
N Poag Y Ponder N Porter N Powell N Purcell
N Ragas Randall
Y Ray E Reaves N Reece N Reed N Reese N Reichert Y Rice Y Richardson
N Roberts Y Rogers N Royal Y Sanders Y Sauder Y Scarlett Y Scheid N Scott N Shanahan
Shaw Y Shipp N Sholar N Sims N Sinkfield N Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L

Y Smith, L.R Smith, P Smith, T
Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley, P N Stanley-Turner Y Stephens N Stokes N Stuckey N Taylor
Teague N Teper N Tinman Y Tolbert Y Trense N Turnquest
Twiggs Y Unterman N Walker, L
Walker, R.L N Watson N West Y Westmoreland N Whitaker Y Wiles Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Spkr

WEDNESDAY, FEBRUARY 17, 1999

701

On the adoption of the amendment, the ayes were 71, nays 91.

The amendment was lost.

Representative Mueller of the 152nd moved that the House reconsider its action in fail ing to adopt the Davis amendment.

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

N Alien N Anderson
Ashe N Bailey Y Bannister
Y Barnard N Barnes N Benefield N Birdsong Y Bohannon N Bordeaux N Borders Y Bridges N Brooks Y Brown N Buck N Buckner N Bulloch Y Bunn Y Burkhalter N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers
Clark Y Coan Y Coleman, B N Coleman, T
Connell
Y Cooper N Cox Y Crawford Y Cummings Y Davis, M

N Davis, T Y Day N Dean Y DeLoach, B Y DeLoach, G Y Dix N Dixon N Dodson N Dukes
Y Khrhart
Epps Y Evans Y Everett Y Felton
Floyd Y Franklin Y Golick N Graves N Greene Y Grindley Y Hammontree N Hanner Y Harbin N Harrell N Heard N Heckstall N Hegstrom Y Hembree Y Henson N Holland N Holmes N Houston N Howard Y Hudgens
Hudson, H N Hudson, N

N Hugley Y Irvin
Y Jackson, B Y Jackson, L
N James Jarnieson
N Jenkins Y Jennings N Jones Y Joyce Y Kaye N Lane Y Lewis N Lord N Lucas
N Maddox
Y Mann Y Manning N Martin, J Y Martin, J.L Y Massey N McBee
McCall
N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley
Mueller N O'Neal
N Orrock N Parham N Parrish Y Parsons

Y Pelote Y Pinholster
N Poag Y Ponder N Porter N Powell N Purcell
N Ragas
Randall
N Ray E Reaves N Reece N Reed N Reese N Reichert Y Rice Y Richardson N Roberts Y Rogers N Royal Y Sanders Y Sauder Y Scarlett Y Scheid N Scott N Shanahan
Shaw
Y Shipp N Sholar N Sims N Sinkfield N Skipper Y Smith, B Y Smith, C Y Smith, C.W N Smith, L

Y Smith, L.R
Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley, P N Stanley-Turner Y Stephens N Stokes N Stuckey N Taylor
Teague
N Teper N Tillman Y Tolbert
Trense N Turnquest Y Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R N Wix Y Yates N Murphy, Spkr

On the motion, the ayes were 75, nays 90.

The motion was lost.

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

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

Y Alien Y Anderson Y Ashe Y Bailey N Bannister Y Barnard Y Barnes Y Benefield Y Birdsong

Y Bohannon Y Bordeaux Y Borders N Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch

Bunn Y Burkhalter Y Byrd
N Callaway Y Campbell Y Cash Y Channell Y Childers
Clark

N Coan Y Coleman, B Y Coleman, T
Connell
N Cooper Y Cox Y Crawford Y Cummings N Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G N Dix Y Dixon Y Dodson Y Dukes

702
Y Ehrhart Epps
Y Evans Y Everett Y Felton Y Floyd N Franklin Y Golick Y Graves Y Greene N Grindley N Hammontree Y Hanner
Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens
Hudson, H Y Hudson, N

JOURNAL OF THE HOUSE

Y Hugley Y Irvin N Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings Y Jones Y Joyce N Kaye
Lane Y Lewis Y Lord Y Lucas Y Maddox N Mann N Manning Y Martin, J Y Martin, J.L Y Massey Y McBee
McCall Y McCHnton Y McKinney N Millar N Mills

Y Mobley Y Morris Y Mosley N Mueller Y OTSTeal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas
Eandall Y Ray E Reaves Y Reece Y Reed Y Reese Y Reichert N Rice N Richardson Y Roberts

Y Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
Shaw
Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C N Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T N Smith, V Y Smyre N Snelling Y Snow Y Squires Y Stallings

Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey
Taylor
Teague Y Teper Y Tilhnan N Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker N Wiles N Williams, J Y Williams, R Y Wix N Yates Y Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 139, nays 28.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 531. By Representatives Holmes of the 53rd, Hudson of the 120th, Scott of the 165th, DeLoach of the 172nd, Watson of the 70th and others:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, relating to elections and primaries generally, so as to change the pro visions relating to optical scanning voting systems in order to conform the law to the technology in use; to change provisions relating to the number of optical scanning systems needed to change references to ballot cards or labels.
The following Committee substitute was read and adopted:
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 the provisions relating to optical scan ning voting systems in order to conform the law to the technology in use; to change pro visions relating to the number of optical scanning systems needed; to change references to ballot cards or labels; to change the duties of superintendents relating to optical scan ning systems and tabulators; to change provisions relating to testing and custody of sys tems and tabulators; to change provisions relating to counting of absentee ballots; to change the number of poll officers required to deliver the ballots to the poll manager; to change provisions relating to storage of electronic voting records; to make conforming changes; to provide for related matters; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 17, 1999

703

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, is amended by striking Part 4 of Article 9, relating to optical scan ning voting systems, and inserting in lieu thereof a new Part 4 to read as follows:

21-2-365.

"Part 4

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 uacd in conjunction with a tabulating machine, it An optical scanning tab ulator 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 count ing 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 & 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

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elections held in the county or municipality; and thcrettpea. If so authorized and di rected, the governing authority shall purchase, lease, rent, or otherwise procure opti cal 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 man ner prescribed in this part, such optical scanning voting systems shall be installed, ei ther simultaneously or gradually, within the county or municipality. Upon the instal lation 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 auch system voting booth or enclosure 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 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 scan ning 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 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 Secre tary of State; and no such optical scanning voting system shall thereafter be pur chased for use or be used in this state. Every county or municipality which has prcvi oualy purchased an optical scanning voting system ahall submit such ayatom to the Secretary of State for examination not later than January 1, 1090.

WEDNESDAY, FEBRUARY 17, 1999

705

(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 in volved 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 labclo ballots 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 vi sion; 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 ocanncra ahall be uacd for each political party. Reserved.
21-2-371.
(a) If ballot labels ballots 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 ballots to be prepared, printed, or written, as nearly in the form of official ballot labels ballots as practicable; and the poll officers shall cause the labcla ballots, so substituted, to be used at the pri mary or election, in the same manner, as nearly as may be, as the official labels bal lots. Such labels ballots, so substituted, shall be known as unofficial ballot labclo ballots.
(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 bal lots, printed or written, and of any suitable form, may be used for the taking of votes. the ballots may be voted manually.
21-2-372.

Ballot carda Ballots 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 ma terial. A In counties using a central count tabulating system, a serially numbered strip shall be attached to each ballot card in a manner and form similar to that pre scribed 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 superintendents, in counting the write-in votes, to de termine 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.

(a) The superintendent of each county or municipality shall cauac the proper ballot la bcla to be placed on each set of optical acanning voting equipment which ia to be uacd in any precinct within such county or municipality and shall cause each sot of optical scanning voting equipment to be placed in proper order for voting order the proper programming to be placed in each tabulator used in any precinct or central tabulating location.

(b) The superintendent shall appoint one custodian of optical acanning voting ayatcma and such deputy euotodiano ao may be ncecaaary, whoac duty it ahall be to prepare the optical scanning voting systems to be used in the county or municipality at the primaries and elections to be held therein. Each cuotodian and deputy euatodian ohall receive from the county or municipality auch compensation aa shall be fixed by the governing authority of the county or municipality. Such euotodian shall, under the di rcotion of the superintendent, have charge of and represent the aupcrintondcnt during the preparation of the optical acanning voting ayatcms aa required by thia chapter, and he or aho ond the deputy custodians, whose duty it shall be to assist him or her in the discharge of hia or her duties, shall serve at the plcnaurc of the superintendent. Each euatodian shall take an oath of office framed by the Secretary of State, which shall be filed with the superintendent.

(e) On or before the third day preceding a primary or election, the superintendent shall have the optical aennncra scanning tabulators 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. Representa tives 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 earda ballots so marked as to record a predetermined num ber of valid votes for each candidate and on each question and shall include for each office one or more ballot carda ballots which have votes in excess of the number al lowed by law in order to test the ability of the optical aeanncr scanning tabulator to reject such votes. The optical aeanncr scanning tabulator shall not be approved unless it produces an errorless count. If any error is detected, the cause therefor shall be as certained and corrected; and an errorless count shall be made before the acanncr tabu lator is approved. The same teat ahall be repeated immediately before the start--ef the official count of the ballot cards and at the conclusion of ouch count. The supcrin tcndcnt or custodian ahall also prepare the optical scanning voting equipment for vot ing at the varioua polling places to be uacd in the primary or election.--In preparing the optical acanning voting equipment, he or she shall arrange the optical scanning voting equipment and the ballot labcla ao that they meet all requirements of voting and counting at ouch primary or election, thoroughly inspect and test the optical aeon ning voting equipment, and file a certificate in the office of the superintendent that the equipment ia in proper order with correct ballot labels. The superintendent shall cause the pretested tabulators to be placed at the various polling places to be used in the primary or election. The superintendent shall require that each optical scanning tabulator be thoroughly tested and inspected prior to each primary and election in which it is used and shall keep such tested material as certification of an errorless count on each tabulator. In counties using central count optical scanning tabulators,

WEDNESDAY, FEBRUARY 17, 1999

707

the same test shall be repeated immediately before the start of the official count of the ballots and at the conclusion of such count. Precinct tabulators shall produce a zero tape prior to any ballots being inserted on the day of any primary or election.

(d) No aupcrintcndcnt, 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 ia to be used at the primary or election, by any interested persona.

(e) In every primary or election, the superintendent shall furnish, at the expense of the county or municipality, all ballot labels ballots, forms of certificates, and other pa pers and supplies required under this chapter and which are not furnished by the Sec retary 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 In counties using precinct count optical scanning tabulators, the superinten dent shall deliver the proper optical scanning voting equipment, properly furnished, tabulator to the polling places at least one hour before the time set for opening of the polls at each primary or election and shall cause each to be set up in the proper man ner for use in voting. The superintendent shall place each act of optical scanning vot ing equipment in a voting booth oo that the ballot labels on the equipment can be plainly aeon by the poll officers when not being voted on.
(b) The superintendent shall provide ample protection against molestation of and in jury to the optical scanning voting equipment tabulator 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 furniah for each act of optical scanning voting equipment at least one hour before the opening of the polls:
(1) A lamp which ahall give sufficient light Provide sufficient lighting to enable elec tors, while in the voting booth, to read the ballot labels, and which lighting shall be suitable for the use of poll officers in examining the equipment; and the lamp shall be prepared and booth; and such lighting shall be in good working order for use before the opening of the polls;
(2) Two aamplc ballots printed on a single sheet of white paper or a number of sheets otaplcd together which ahall be a reasonable facaimilc of the ballot labcla as will be in uac in the primary or election and accompanied by directions for voting on the optical scanning voting equipment; and such Prominently post directions for vot ing on the optical scanning ballot within the voting booth; at least two sample bal lots in use for the primary or election shall be posted prominently outside the en closed space within the polling place; aed
(3) A acal for scaling the optical acanning voting system after the polls arc closed and Ensure that the precinct count optical scanning tabulator shall have a seal se curing the memory pack in use throughout the election day; such seal shall not be broken unless the tabulator is replaced due to malfunction; and
(4) Provide such other materials and supplies as may be necessary or as may be re quired by law.

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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.--Inaofar an practicable, the equipment shall contain the ballot labels and sample ballots that will be used in such election. The sample ballots shall 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 ballots shall be under the charge and care of a person competent as custodian and an instructor.
21-2-377.
(a) The superintendent shall designate a person or persons who shall have the cus tody of the optical scanning voting ayotcnia tabulators of the county or municipality when they are not in use at a primary or election and shall provide for his or her com pensation and for the safe storage and care of the optical scanning voting ayotcma tabulators.
(b) All optical scanning voting ayatcmo tabulators, 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 op tical 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 candi dates seeking nomination or nominated for any office renders the use of optical scan ning 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 sys tems 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 balloto any other lawful method authorized in this chapter . In such cases, paper appropriate 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 re turn thereof made in the manner required by law for such nominationo, officca, or qucationa, inaofar aa paper ballots arc uacd for such method."
SECTION 2.
Said chapter is further amended by striking Code Section 21-2-386, relating to safekeep ing, certification, and validation of absentee ballots, and inserting in lieu thereof a new Code section to read as follows:
"21-2-386.

(a)(l) The board of registrars or absentee ballot clerk shall keep safely and un opened all official absentee ballots received from absentee electors prior to the clos ing 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 regis-

WEDNESDAY, FEBRUAEY 17, 1999

709

trar or clerk shall then compare the identifying information on the oath with the in formation 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 or clerk on the numbered list of absentee voters prepared for his or her precinct. If the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required information or in formation 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 there for. 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 rejection in each case. Three copies of the numbered list of certified absentee voters and three copies of the num bered 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 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 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 not to destroy the oath printed thereon; provided, however, that the registrars or absen tee ballot clerk shall not be authorized to remove the contents of such outer envel ope 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) 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 or optical scanning tabulators are used, a registrar or absentee ballot clerk shall deliver the official absentee ballot of each certified absentee elector, each rejected absentee ballot, applications for such bal lots, 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 clooc of the polls on the day of the election, auch manager with two assistant managers, appointed by the aupcrintcndcnt, with auch clcrko aa the manager deems nccoasary shall count the nbaontcc ballots following the procedures prescribed by thia chapter for other ballots, insofar aa practicable, and pro pare an election return for the county or municipality showing the rcoulta of the ab sentee ballota cast in auch county or municipality. In those precincts in which vote re corders or optical scanning tabulators 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. In no event shall the counting of the ballots begin before the polls close.

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(c) After the close of the polls on the day of the primary or election, a A manager shall then open the outer 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 ahall count the absentee ballots for the county in the manner as prescribed above.--In no event shall the counting of the bal lots begin before the polls cloac. Such manager with two assistant managers, ap pointed by the superintendent, with such clerks as the manager deems necessary shall count the absentee ballots following the procedures prescribed by this chapter for other ballots, insofar as practicable, and prepare an election return for the county or municipality showing the results of the absentee ballots cast in such county or municipality.
(eXd) Any other provision of law to the contrary notwithstanding, if at any primary, general, or special election in any county any question is to be voted on involving any political subdivision which includes less than the entire county, all absentee ballots shall be separated by precinct for counting purposes; and separate returns shall be certified for each precinct in which absentee ballots were cast.
(dKe) If an absentee elector's right to vote has been challenged for cause, a poll officer shall open the envelopes and write 'Challenged,' the elector's name, and the alleged cause of challenge on the back of the ballot, without disclosing the markings on the face thereof, and shall deposit the ballot in the box; and it shall be counted as other challenged ballots are counted. The board of registrars or absentee ballot clerk shall promptly notify the elector of such challenge."
SECTION 3.
Said chapter is further amended by striking subsection (b) of Code Section 21-2-480, re lating to the form and captions of optical scanning ballots, and inserting in lieu thereof a new subsection to read as follows:
"(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 ( O a ) 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 written matter is prohibited."
SECTION 4.
Said chapter is further amended by striking Code Section 21-2-481, relating to the de sign, size, and stock of optical scanning ballots, and inserting in lieu thereof a new Code section to read as follows:

WEDNESDAY, FEBRUARY 17, 1999

711

"21-2-481.

Ballots in a precinct using optical scanning voting equipment shall be of suitable de sign, 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 to be counted by a central count tabulator."

SECTION 5.
Said chapter is further amended by striking Code Section 21-2-484, relating to the re quirements for ballot recap forms and their delivery, and inserting in lieu thereof a new Code section to read as follows:
"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 manager and one poll officer shall then de liver in the cuotody of at leaot two poll officers the container to the tabulating ma chine center or other place designated by the superintendent and shall receive a re ceipt therefor. The copies of the recap forms, unused ballots, records, and other materials shall be returned to the designated location."

SECTION 6.
Said chapter is further amended by striking subsection (a) of Code section 21-2-500, re lating to delivery of voting materials to the clerk of superior court, and inserting in lieu thereof a new subsection to read as follows:

"(a) Immediately upon completing the returns required by this article, in the case of elections other than municipal elections, the superintendent shall deliver in sealed containers to the clerk of the superior court or, if designated by the clerk of the supe rior court, to the county records manager or other office or officer under the jurisdic tion of a county governing authority which maintains or is responsible for records, as provided in Code Section 50-18-99, the used and void ballots and the stubs of all bal lots used; one copy of the oaths of poll officers; and one copy of each numbered list of voters, tally paper, voting machine paper proof sheet, and return sheet involved in the primary or election. In addition, the superintendent shall deliver copies of the voting machine and vote recorder ballot labels, computer chips containing ballot tabulation programs, copies of computer records of ballot design, computer programming decks for ballot tabulation programs, and similar items or an electronic record of the pro gram by which votes are to be recorded or tabulated, which is captured prior to the election, and which is stored on some alternative medium such as a CD-ROM or floppy disk simultaneously with the burning of the PROM or other memory storage device. The clerk, county records manager, or the office or officer designated by the clerk shall hold such ballots and other documents under seal, unless otherwise directed by the su perior court, for at least 24 months, after which time they shall be presented to the grand jury for inspection at its next meeting. Such ballots and other documents shall

712

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be preserved in the office of the clerk, county records manager, or officer designated by the clerk until the adjournment of such grand jury, and then they may be destroyed, unless otherwise provided by order of the superior court."

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

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux
Y Borders N Bridges Y Brooks Y Brown Y Buck
Y Buckner Y Bulloch
Bunn Y Burkhalter Y Byrd Y Callaway
Y Campbell Y Cash Y Channel! Y Childers
Clark Y Coan Y Coleman, B Y Coleman, T
Connell
Y Cooper Y Cox Y Crawford
Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix
Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd N Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens
Hudson, H Hudson, N

Hugley
Irvin
Jackson, B Jackson, L James Jamieson Jenkins Jennings Jones Joyce Kaye
Lane
Lewis Lord Lucas Maddox
Mann Manning Martin, J
Martin, J.L
Massey McBee McCall McClinton
McKinney
Millar Mills Mobley Morris
Mosley Mueller O'Neal Orrock Parham Parrish Parsons

Y Pelote Y Pinholster Y Poag
Y Ponder
Y Porter
Y Powell
Y Purcell Y Ragas
Randall
Y Ray E Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper
Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow Squires Stallings Stancil Stanley, P Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper Tillman Tolbert Trense Tumquest Twiggs Unterman Walker, L Walker, R.L Watson West Westmoreland Whitaker Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 159, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substitute. SB 3. By Senators Thompson of the 33rd, Tanksley of the 32nd and Stokes of the
43rd: A bill to amend Article 3 of Chapter 12 of Title 45, relating to appointments by the Governor, so as to change provisions relating to appointment of attor neys as executive counsel by the Governor; to change the number of counsel who may be so appointed; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

WEDNESDAY, FEBRUARY 17, 1999

713

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister
Y Barnard
Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders
Bridges
Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers
Clark Y Coan Y Coleman, B Y Coleman, T
Connell
Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix
Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd
N Franklin
Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Y Holmes
Y Houston Y Howard Y Hudgens
Hudson, H Y Hudson, N

Y Hugley
Y Irvin Y Jackson, B
Y Jackson, L Y James Y Jamieson Y Jenkins
Y Jennings
Y Jones N Joyce
Y Kaye
Y Lane
Y Lewis Y Lord
Y Lucas
Y Maddox
Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O-Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall
Y Ray E Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson
Y Roberts
Y Rogers
Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens
Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest
Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix
Yates Murphy, Spkr

On the passage of the Bill, the ayes were 166, nays 3. The Bill, having received the requisite constitutional majority, was passed.

Representative Byrd of the 170th District, Chairman of the Committee on Human Rela tions & Aging, submitted the following report:

Mr. Speaker:
Your Committee on Human Relations & Aging has had under consideration the follow ing Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 30 Do Pass, by Substitute
Respectfully submitted, /s/ Byrd of the 170th
Chairman

Representative Smith of the 109th District, Chairman of the Committee on Industrial Relations, submitted the following report:

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JOURNAL OF THE HOUSE

Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the fol lowing recommendation:
HB 172 Do Pass, by Substitute
Respectfully submitted, /s/ Smith of the 109th
Chairman

Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:

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

HB 23 Do Pass, by Substitute HB 165 Do Pass, by Substitute HB 289 Do Pass, by Substitute

HB 517 Do Pass HB 613 Do Pass

Respectfully submitted, /s/ Twiggs of the 8th
Chairman

Representative Lucas of the 124th District, Chairman of the Committee on State Institu tions & Property, submitted the following report:

Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the fol lowing Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 630 Do Pass, by Substitute
Respectfully submitted, /s/ Lucas of the 124th
Chairman
Pursuant to SR 161, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 22, 1999.

MONDAY, FEBRUARY 22, 1999

715

Representative Hall, Atlanta, Georgia Monday, February 22, 1999

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

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

Anderson Ashe Bannister Barnard Barnes Benefield Birdsong Bohannon
Borders BridBes jjrooks !?ro!TM
_DT, U,,lloc,h Burkhalter
P^ Callaway Campbell Cash Childers Clark Coleman B Coleman T
Connell
Cox Crawford
Cummings

Davis, T Dean DeLoach, B DeLoach, G Dodson Ehrhart Evans Everett
Felton Floyd Franklin Golick
GG,, rraevenese Grindley
Hammontree Harbin Harrell Heard Hegstrom Hembree Henson Holland
Howard
Hudgens Hudson, N
Hugley

Irvin Jackson, B Jackson, L James Jennings
Joyce Kaye Lane

Lewis Lord Mann Manning

,M M_ aarrttiinn,,

J J.L

McBee

Millar Mills Mobley Morris Mosley Mueller O*Neal Parham

Fairish

Parsons Pelote

Pinholster

Ponder Powell Purcell Randall Ray E Reaves Reece Reed
Reese Rice Richardson E Roberts
,,RRooygaelrs Sanders
Sauder Scarlett Scheid Scott Shanahan Shaw Sholar Sims
Skipper
Smith, B Smith, C
Smith, C.W

Smith, L Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow
Squires Stancil Stanley-Turner Taylor
-TT,.ei,lp,lmeran Tolbert
Trense Turnquest Unterman Walker, L Watson West Westmoreland Whitaker
Wiles
Williams, R Wix
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives McCall of the 90th, Dixon of the 168th, Stanley of the 49th, Walker of the 87th, Channell of the lllth, Maddox of the 72nd, Stokes of the 92nd, Heckstall of the 55th, Stallings of the 100th, Day of the 153rd, Banner of the 159th, Poag of the 6th, Bailey of the 93rd, Houston of the 166th, Twiggs of the 8th, Reichert of the 126th, Hud son of the 120th, Alien of the 117th, Williams of the 83rd, Stephens of the 150th, Cooper of the 31st, Bordeaux of the 151st, Porter of the 143rd, Lucas of the 124th, McClinton of the 68th, Jones of the 71st, Jamieson of the 22nd, Yates of the 106th, McKinney of the 51st, Dukes of the 161st, Dix of the 76th, Shipp of the 38th, Sinkfield of the 57th and Stuckey of the 67th.
They wish to be recorded as present.
Representative Ragas of the 64th was excused today due to his wife being in the hospi tal expecting their child.
Prayer was offered by the Reverend Joe Beauchamp, Associational Missionary, Tucker Baptist Association, Camilla, Georgia.
The members pledged allegiance to the flag.

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JOURNAL OF THE HOUSE

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 intro duced, read the first time and referred to the committees:
HB 698. By Representative Tolbert of the 25th:
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 require that all school facilities construction project teams include an educator who is trained or certified in school design and planning.

Referred to the Committee on Education.

HB 699. By Representatives Royal of the 164th, Shanahan of the 10th, Smith of the 12th, Stancil of the 16th, Sauder of the 29th and others:
A bill to amend Article 2 of Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to county and municipal service delivery strate gies, so as to change certain provisions regarding criteria in developing such service delivery strategies; to change certain provisions regarding limitation of funding for projects which are not included in or which are inconsistent with a service delivery strategy.
Referred to the Committee on State Planning & Community Affairs.

HB 700. By Representatives Buck of the 135th, Davis of the 132nd, Smyre of the 136th, Smith of the 102nd, Taylor of the 134th and others:
A bill to amend an Act establishing the State Court of Muscogee County, so as to provide for the compensation of the solicitor-general and chief assis tant solicitor-general of said court.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, FEBRUARY 22, 1999

717

HB 701. By Representatives Walker of the 141st, Floyd of the 138th, Ray of the 128th and Bohannon of the 139th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of the superior courts, so as to change the terms of court for the Houston Judicial Circuit.
Referred to the Committee on Judiciary.

HB 702. By Representative Holland of the 157th:
A bill to amend Part 5 of Article 9 of Title 11 of the Official Code of Georgia Annotated, relating to default in a secured transaction, so as to provide that collateral may be repossessed under certain conditions.
Referred to the Committee on Judiciary.

HB 703. By Representative Holland of the 157th:
A bill to amend Code Section 44-13-100 of the Official Code of Georgia An notated, relating to exemptions for purposes of bankruptcy and intestate in solvent estates, so as to provide for an exemption in the event of spouses fil ing jointly.
Referred to the Committee on Judiciary.

HB 704. By Representative Channell of the lllth: A bill to amend an Act creating the Greene County Family Connection Com mission, so as to add a member.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 705. By Representatives Channell of the lllth, Sauder of the 29th, Jones of the 71st, Shaw of the 176th and Trense of the 44th:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for the payment of certain hospital emergency claims.
Referred to the Committee on Appropriations.

HB 706. By Representative Powell of the 23rd:
A bill to amend Code Section 40-2-130 of the Official Code of Georgia Anno tated, relating to records of certificates of registration of motor vehicles, so as to authorize tag service companies regulated by the revenue commis sioner to access certain records under specific circumstances.
Referred to the Committee on Motor Vehicles.

HB 707. By Representatives Manning of the 32nd, Shipp of the 38th, Sauder of the 29th, Grindley of the 35th, Coleman of the 80th and others:
A bill to amend Code Section 47-3-91 of the Official Code of Georgia Anno tated, relating to credit for service for visiting scholars toward retirement benefits under the Teachers Retirement System of Georgia, so as to clarify which entities qualify as educational institutions.
Referred to the Committee on Retirement.

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JOURNAL OF THE HOUSE

HB 708. By Representative Bordeaux of the 151st:
A bill to amend Article 2 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to commencement of actions and service, so as to authorize waiver of service of a summons; to provide that waiving service does not waive any objection to venue or personal jurisdiction; to provide for a duty to avoid unnecessary costs in serving a summons.
Referred to the Committee on Judiciary.

HB 709. By Representative Channell of the lllth: A bill to amend an Act creating a new charter for the City of Union Point, so as to change the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 710. By Representative Channell of the lllth: A bill to amend an Act providing for a new charter for the Town of Siloam, so as to provide for concurrent terms for the mayor and council members.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 711. By Representatives Smith of the 12th, Reece of the llth and Childers of the 13th: A bill to create the City of Rome Recreational Facilities Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 712. By Representatives Cox of the 105th, Smith of the 103rd, Sauder of the 29th, Walker of the 141st, Smyre of the 136th and others:
A bill to amend Code Section 16-6-4 of the Official Code of Georgia Anno tated, relating to child molestation, so as to change the conditions relating to what conduct constitutes such offense.
Referred to the Committee on Judiciary.

HB 713. By Representatives Wix of the 33rd, Harrell of the 62nd, Trense of the 44th, Morris of the 155th, Burkhalter of the 41st and others:
A bill to amend an Act amending Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, establishing the State Children's Trust Fund and the State Children's Trust Fund Commission, so as to change the date of repeal of such Act.
Referred to the Committee on Judiciary.

HB 714. By Representative McKinney of the 51st:
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 ac cording to the United States decennial census of 1990 or any future such census, so as to change the method of filling vacancies in the office of judges of that court.
Referred to the Committee on State Planning & Community Affairs.

MONDAY, FEBRUARY 22, 1999

719

HB 715. By Representatives Cummings of the 27th, Coleman of the 80th, McBee of the 88th, Manning of the 32nd, Kaye of the 37th and others:
A bill to amend Code Section 47-4-100 of the Official Code of Georgia Anno tated, relating to normal, early, and delayed retirement under the Public School Employees Retirement System, so as to provide that a member of such retirement system may retire upon obtaining 30 years of service with out regard of age.
Referred to the Committee on Retirement.
HB 716. By Representatives McCall of the 90th and Benefield of the 96th:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Anno tated, relating to length of vehicles and loads, so as to change certain provi sions relating to operation of automobile carriers on designated highways.
Referred to the Committee on Transportation.
HB 717. By Representatives Harrell of the 62nd, Randall of the 127th, Trense of the 44th, Graves of the 125th, Bordeaux of the 151st and others:
A bill to amend Chapter 1 of Title 31 of the Official Code of Georgia Anno tated, relating to general provisions regarding health, so as to provide for legislative findings and intent; to establish an advisory committee on new born infants and provide for its selection, compensation, powers, qualifica tions, and duties.
Referred to the Committee on Health & Ecology.
HB 718. By Representatives Callaway of the 81st, Randall of the 127th, Jenkins of the 110th, Mobley of the 69th, Reese of the 85th and others:
A bill to amend Chapter 10 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses against public administration, so as to provide that the offense of hindering the apprehension or punishment of a criminal applies to such actions in relation to a person known or reasonably believed to have committed a misdemeanor.
Referred to the Committee on Special Judiciary.
HB 719. By Representative Ashe of the 46th:
A bill to amend Code Section 4-8-22 of the Official Code of Georgia Anno tated, relating to the powers of local governments to enforce certain require ments relating to the control of dangerous dogs, so as to delete a restriction against a member of an animal control board participating in a hearing re garding a dog where the member had previously participated in the classifi cation of that dog as a potentially dangerous dog or dangerous dog.
Referred to the Committee on State Planning & Community Affairs.
HB 720. By Representatives Murphy of the 18th, Walker of the 141st, Skipper of the 137th, Smyre of the 136th and Stanley of the 50th:
A bill to amend Chapter 7 of Title 28 of the Official Code of Georgia Anno tated, relating to prohibited lobbying practices, so as to provide that it shall be unlawful for any unit of state government to contract for or use public funds to pay for the services of a lobbyist; to provide for nonapplicability to activities of public employees; to provide for broad applicability to all units of state government and the personnel thereof.

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2/17/99
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 720. This notice is made prior to or upon read ing the bill the first time.

/s/ Larry Walker Representative 141st District
Referred to the Committee on Rules.
HB 721. By Representative Reece 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 City of Trion Independent School District for residents of that district who are 70 years of age or older and whose gross annual household income does not exceed $20,000.00.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 722. By Representatives Byrd of the 170th, Walker of the 141st, Skipper of the 137th, Powell of the 23rd, Snow of the 2nd and others: A bill to amend Code Section 43-14-6 of the Official Code of Georgia Anno tated, relating to the powers and duties of divisions of the State Construc tion Industry Licensing Board, so as to provide for continuing education re quirements and fingerprinting and criminal records checks for certain lowvoltage contractors.
Referred to the Committee on Industry.
HB 723. By Representatives Dixon of the 168th and Smith of the 169th: A bill to provide for the unification of the existing governments of the City of Waycross and Ware County; to provide for the creation of the unified gov ernment of Waycross-Ware County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 724. By Representatives Dixon of the 168th and Smith of the 169th: A bill to repeal an Act creating a board of commissioners for Ware County; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 725. By Representatives Dixon of the 168th and Smith of the 169th: A bill to repeal an Act providing for a new charter for the City of Waycross; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances.
Referred to the Committee on State Planning & Community Affairs - Local.

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HB 726. By Representative Purcell of the 147th: A bill to amend an Act entitled "An Act creating the State Court of Effingham County," so as to change the salaries of the judge and solicitor-general of said court.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 727. By Representatives Lane of the 146th and Martin of the 145th: A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to the use of safety belts in passenger vehicles, so as to pro vide that the failure to use a safety belt in a motor vehicle designed prima rily for on-road use shall not be considered by a finder of fact evidence of negligence or causation.
Referred to the Committee on Judiciary.
HR 332. By Representatives Buckner of the 95th, Sinkfield of the 57th, Ashe of the 46th, Trense of the 44th, Taylor of the 134th and others: A resolution urging a discussion about the use of "zero tolerance" policies in student discipline, and the impacts on students of such policies, among or ganizations in this state that are dedicated to improving education for Geor gia's children.
Referred to the Committee on Education.
HR 333. By Representative Tolbert of the 25th: A resolution urging local boards of education to authorize and encourage the reading or posting of certain affirmations or documents of American heritage.
Referred to the Committee on Education.
HR 334. By Representative Smith of the 91st: A resolution designating the interchange on the Watkinsville Bypass at State Route 53 as the "Frank Earl Stancil Sr. Interchange".
Referred to the Committee on Transportation.
HR 335. By Representatives Buckner of the 95th, Sinkfield of the 57th, Trense of the 44th, Hugley of the 133rd, Taylor of the 134th and others: A resolution creating the House Study Committee to Review the Funding Policies for Group Homes Operated by the Department of Juvenile Justice.
Referred to the Committee on Rules.
HR 336. By Representatives Ray of the 128th, Floyd of the 138th, Purcell of the 147th, DeLoach of the 172nd and Jamieson of the 22nd: A resolution creating the House Study Committee on House Bills 490 and 491.
Referred to the Committee on Rules.
HR 357. By Representatives Byrd of the 170th and Mosley of the 171st: A resolution creating the House Study Committee on School Absenteeism.
Referred to the Committee on Rules.

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

HB 668 HB 669 HB 670 HB 671 HB 672 HB 673 HB 674 HB 675 HB 676 HB 677 HB 678 HB 679 HB 680 HB 681 HB 682 HB 683 HB 684 HB 685

HB 686 HB 687 HB 688 HB 689 HB 690 HB 691 HB 692 HB 693 HB 694 HB 695 HB 696 HB 697 HR 328 HR 329 HR 330 SB 24 SB 62 SB 87

Pursuant to Rule 52, Representative Campbell of the 42nd moved that the following Bill of the House be engrossed:
HB 675. By Representative Campbell of the 42nd:
A bill to amend Code Section 40-5-67.1 of the Official Code of Georgia Anno tated, relating to suspension of drivers' licenses for refusal to submit to chemical tests, so as to provide for termination of such suspension under cer tain conditions.

The motion prevailed.

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

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 98 Do Pass, as Amended HB 146 Do Pass, by Substitute HB 269 Do Pass, by Substitute
Respectfully submitted, /s/ Childers of the 13th
Chairman

Representative Byrd of the 170th District, Chairman of the Committee on Human Rela tions & Aging, submitted the following report:

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723

Mr. Speaker:
Your Committee on Human Relations & Aging has had under consideration the follow ing Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 561 Do Pass, by Substitute
Respectfully submitted, /s/ Byrd of the 170th
Chairman

Representative Smith of the 109th District, Chairman of the Committee on Industrial Relations, submitted the following report:

Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the fol lowing recommendation:
SB 39 Do Pass
Respectfully submitted, /s/ Smith of the 109th
Chairman

Representative Hanner of the 159th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:

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

HB 399 Do Pass, by Substitute HB 502 Do Pass HB 564 Do Pass, by Substitute

HB 578 Do Pass, by Substitute HB 608 Do Pass, by Substitute

Respectfully submitted, /s/ Hanner of the 159th
Chairman

Representative Smyre of the 136th District, Chairman of the Committee on Rules, sub mitted 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:

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HR 258 Do Pass HR 331 Do Pass

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HR 337 Do Pass HR 358 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Plan ning & 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 253 Do Pass HB 430 Do Pass HB 559 Do Pass, by Substitute HB 647 Do Pass

HB 652 Do Pass HB 655 Do Pass HB 661 Do Pass

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

The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR MONDAY, FEBRUARY 22, 1999
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 24th Legislative Day as enumer ated below:

HB 87 Public buildings; require display of certain information HB 263 Child support; family support registry; establish HB 287 Drug-free commercial zones; adoption; change date HB 401 Local government authorities; members; grand jury indictment HB 442 Driver's license; under 21; revocation; reissuance; limited permits HB 474 Supplemental appropriations; FY 1998-99; Department of Labor HB 487 Insurance; certain premium increases; require 60 days' notice HB 553 Local governments; homeowner tax relief grants

HR 204 Baldwin, Meriwether, Rabun, and Sumter counties; convey property HR 257 EPA; pesticide risk evaluation; urge use of certain procedures HR 269 Ad valorem tax; homeowner's incentive adjustment - CA
Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Smyre of the 136th
Chairman
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

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725

HB 253. By Representatives Walker of the 141st, Floyd of the 138th, Ray of the 128th and Bohannon of the 139th: A bill to amend an Act creating the State Court of Houston County, so as to change the amount of compensation paid to an attorney presiding in place of the judge of the court.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 7.
The Bill, having received the requisite constitutional majority, was passed. HB 430. By Representative Martin of the 145th:
A bill to amend an Act establishing the State Court of Candler County, so as to change the provisions relating to the compensation of the judge of said court and the compensation of the judge's secretary.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 7.
The Bill, having received the requisite constitutional majority, was passed. HB 559. By Representatives Smith of the 103rd, Westmoreland of the 104th, Brown
of the 130th and Yates of the 106th: A bill to create the Newnan Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to promote tour ism, conventions, and trade shows in Newnan.
The following Committee substitute was read and adopted:

A BILL

To create the Newnan Convention Center Authority as a public body corporate and poli tic, a political subdivision of the state, and a public corporation to have the responsibil ity and authority to promote tourism, conventions, and trade shows in Newnan, Georgia; to provide for the creation and organization of the authority; to provide for the appoint ment of the membership of the authority and their terms of office, compensation, and qualifications; to provide for meetings; to provide for legislative findings and declaration of purpose; to provide for general powers; to provide for regulations; to provide for other matters relative to the foregoing and relative to the general purposes of this Act; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Short title.
This Act will be known and may be cited as the "Newnan Convention Center Authority Act."

Definitions and references. As used in this Act, the term:

SECTION 2.

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(1) "Area" means the geographic area of the city and Coweta County.
(2) "Authority" means the Newnan Convention Center Authority.
(3) "City" means the City of Newnan.
(4) "Conventions" means that term as defined in Article 3 of Title 48 of the O.C.G.A.
(5) "Special events" means events which, in the judgment of the authority, will pro mote tourism in the area.
(6) "Tourism" means that term as defined Article 3 of Title 48 of the O.C.G.A.
(7) "Trade show" means that term as defined in Article 3 of Title 48 of the O.C.G.A.
SECTION 3. Creation of authority, status, tax exemption, and
sovereign immunity.
(a) There is created a body public and politic to be known as the Newnan Convention Center Authority. The authority shall be deemed to be a political subdivision of the state and a public corporation and by that name may contract and be contracted with, sue and be sued, implead and be impleaded, and bring and defend actions. Said author ity shall be a convention and visitors bureau authority created by an Act of the General Assembly for a municipality for purposes of Code Section 48-13-51 of the O.C.G.A. and is intended to be an agency and instrumentality of the city and a governmental unit for purposes of Section 103 and Sections 141 and 150 of the Internal Revenue Code of 1986, as amended, and, as to the city, is intended to be a subordinated entity for purposes of Section 265(b)(3)(E)(ii) of the Internal Revenue Code of 1986, as amended. The author ity shall not be a state institution nor a department or agency of the state but shall be a creation of the state, having a distinct corporate identity and being exempt from the pro visions of Article 2 of Chapter 17 of Title 50 of the O.C.G.A., the "Georgia State Financ ing and Investment Commission Act."
(b) The authority shall have its principal office in the city, and its legal situs or resi dence for the purposes of this Act shall be the city.
(c) The exercise of the powers conferred upon the authority in this Act shall constitute an essential governmental function for a public purpose. The properties of the authority, both real and personal, and the income of the authority are declared to be public proper ties and income used for the benefit and welfare of the people of the city and not for the purpose of private or corporate benefit, and such properties, to the extent of the author ity's ownership thereof or other interest therein, and all income and obligations of the authority shall be exempt from all taxes and special assessments of the state or any city, county, or other political subdivision thereof. The authority shall have all of the ex emptions and exclusions from taxes as are now granted to cities and counties for the op eration of properties or facilities similar to the properties and facilities to be owned or operated, or both, by the authority.
(d) The authority shall have the same immunity and exemption from liability for torts and negligence as the state, and the officers, agents, and employees of the authority, when in performance of work of the authority, shall have the same immunity and ex emption from liability for torts and negligence as officers, agents, and employees of the State of Georgia. The authority may be sued the same as private corporations on any contractual obligation of the authority. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against the authority shall be brought in the Superior Court of Coweta County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in such

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court which shall have exclusive, original jurisdiction of such actions. The property of the authority shall not be subject to levy and sale under legal process. The records of the authority shall be public records which are subject to Article 4 of Chapter 18 of Title 50 of the O.C.G.A. Nothing in this Act shall be construed to abridge or change the pow ers and duties of other authorities, departments, boards, and like agencies of the city.
SECTION 4. Members and meetings.
(a) The authority shall consist of seven members who shall be natural persons who shall be at least 18 years of age and shall be residents of the city. No official or employee of the city shall serve as a member of the authority. The mayor and the city councilmembers shall appoint the members of the authority, the mayor having the right to vote on such appointments. The terms of members shall be for three years, except that in the appointment of the first members under the terms of this article, two of the members shall be appointed for a term of one year, two for a term of two years, and three for a term of three years. Any member may resign at any time by filing a written notice of resignation with the city clerk. Members shall serve at the pleasure of the mayor and city councilmembers, and any member may be removed by majority vote of the mayor and city councilmembers, with or without cause, and neither the city nor the mayor nor any city councilmember shall be subject to any liability on account of such removal.
(b) The authority shall meet at such times as may be necessary to transact the business coming before it. Meeting of the authority shall be open to the public in accordance with the laws of the state. Written minutes of all meetings shall be kept; and within ten days following every meeting, a copy of the minutes shall be furnished to the mayor and city councilmembers. Meetings shall be conducted in accordance with Robert's Rules of Order.
(c) At the first meeting of the authority, the members shall elect a chairperson, a vice chairperson, and a secretary-treasurer from its membership. Commencing in the year 2000, at the first meeting of the authority in February of each year, the members shall elect a chairperson, a vice chairperson, and a secretary-treasurer from its membership. The chairperson shall preside at meetings of the authority. The vice chairperson shall preside at meetings in the absence of the chairperson. In the absence of both the chairperson and vice chairperson, the members present at a meeting shall elect a tempo rary chairperson to preside at that meeting so long as the chairperson and vice chairper son both remain absent from the meeting. Four members shall constitute a quorum. Official action may be taken by majority vote of those members voting on a matter if a quorum is present and voting on such matter, except that the bylaws of the authority may only be initially adopted or subsequently amended by majority vote of all members. All members present at a meeting, including the chairperson, vice chairperson or any other member presiding at such meeting, shall be entitled to vote on all matters that come before the meeting, except as otherwise provided in subsection (e) of this section. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority.
(d) Members shall receive no compensation for their services as members of the author ity but may be reimbursed for their proper and reasonable expenses incurred in the per formance of their duties, subject to any limitations imposed by general law on the reim bursement of public officials and subject to any limitations which may be contained from time to time in the bylaws of the authority.
(e)(l) As used in this subsection, the term "substantial interest or involvement" means any interest or involvement which reasonably may be expected to result in a direct financial benefit to such member, as determined by the board of members by vote, which determination shall be final and not subject to review.

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(2) The provisions of Code Section 45-10-3 of the O.C.G.A. shall apply to the mem bers of the authority, and a member of the authority shall not engage in any trans action with the authority. The provisions of the immediately preceding sentence and the provisions of paragraph (9) of such Code section shall be deemed to have been complied with and the authority may purchase from, sell to, borrow from, loan to, contract with, or otherwise deal with any member or any organization or person with which any member of the authority is in any way interested or involved, pro vided that:
(A) Any interest or involvement by such members is disclosed in advance to the members of the authority who will be voting on the matter or transaction and such disclosure is recorded in the minutes of the authority;
(B) No member having such a substantial interest or involvement may be present at that portion of any meeting of the board of members during which discussion of such matter or transaction is conducted; and
(C) No member having a substantial interest or involvement may participate in any decision of the board of members relating to any such matter or transaction. A member who has any such substantial interest or involvement shall be entitled to participate in discussions of whether such interest or involvement is a substan tial interest or involvement but shall not be entitled to vote on the question.
(3) Nothing contained in this subsection or in Code Section 45-10-3 of the O.C.G.A. shall be deemed to prohibit any member from providing legal services to the author ity, being paid for such services and related expenses, participating in discussions relating to his or her engagement, scope of services, compensation, or related mat ters or from voting on such matters.
SECTION 5. Purpose.
The purpose of the authority is to promote tourism, conventions, and trade shows within the area in such manner and manners as the authority shall determine to be appropriate.
SECTION 6. Duty of the authority.
It shall be the duty of the authority to promote tourism, conventions, and trade shows within the area.
SECTION 7. Powers.
(a) The authority shall have all powers allowed by law and consistent with the provi sions of this Act as are necessary or convenient to carry out its corporate purpose, in cluding, without limitation, the power to:
(1) Adopt and alter a corporate seal;
(2) Purchase advertising promoting tourism, conventions, trade shows, and special events;
(3) Encourage, solicit, promote, procure, sponsor, co-sponsor, and service conven tions, trade shows and special events;
(4) Lend financial support through grants, contributions, or otherwise to other gov ernmental entities in furtherance of its corporate purpose;

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(5) Lend financial support through grants, contributions, or otherwise to private sec tor for-profit and not-for-profit entities in furtherance of its corporate purpose, pro vided the authority determines that the residents of the area shall receive a sub stantial benefit therefrom;
(6) Conduct activities to foster better public understanding on the part of individu als and businesses of the importance of tourism and the convention and visitors in dustry to the economy of the city and of the area;
(7) Conduct activities to encourage and assist the cooperation between the busi nesses and industries servicing tourists, conventions, and special events;
(8) Engage in fundraising activities in furtherance of its corporate purpose;
(9) Acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes;
(10) Acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purpose, to use the same so long as its corporate existence shall continue, to lease or make contracts with respect to the use of the same, or to dispose of the same in any manner it deems to the best advantage of the authority. If the authority shall deem it expedient to construct any facility relating to tourism, conventions, trade shows, or special events on any lands, the title to which shall then be held by the State of Georgia, the Governor is author ized to convey for and in behalf of the state title to such lands to the authority upon payment to the State of Georgia for the credit of the general fund of the state of the reasonable value of such lands or upon the receipt of such lawful consideration as may be determined by the parties to such conveyance. If the authority shall deem it expedient to acquire and construct any such facility on any lands, the title to which shall then be held by the city, the county, or any other municipality incorporated in said county, the governing authority or body of the city, the county, or any of the said municipalities is authorized to convey title to such lands to the authority upon the receipt of such lawful consideration as may be determined by the parties to such conveyance or upon payment for the credit of the general funds of said county or municipalities of the reasonable value of such lands, such value to be determined by mutual consent of said county or municipality and the chairperson of the authority;
(11) Appoint, select, and employ an executive director, officers, agents, and employ ees, and independent consultants including but not limited to engineering, architec tural, and construction experts, fiscal agents, economists, and attorneys and fix their respective compensations; and to delegate to the executive director the author ity and responsibility necessary properly to administer the day-to-day business of the authority within policies set by the authority and subject to its review. The pow ers delegated to the executive director may, at the election of the authority, include the making of recommendations as to the hiring and termination of other employees and their compensation, the management of the authority's offices and properties, the making of budget recommendations, and the hiring of independent consultants;
(12) Appoint an advisory committee and other committees of persons from the pub lic and private sectors without regard to their place of residence;
(13) To make contracts of every kind and character, and, without limitation, any and all persons, firms, and corporations and the state and any and all political sub divisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the

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above, the authority and the city shall be permitted to enter into the following: (i) contracts under which hotel-motel taxes collected by the city are paid to and ex pended by the authority as contemplated by paragraph (3) of subsection (a) of Code Section 48-13-51 of the O.C.G.A., (ii) contracts under which the authority purchases administrative and financial management services from the city to be performed by personnel at the city's cost, which shall include the costs of payroll, employee bene fits, supplies, and overhead reasonably allocable to the performance of such services, and (iii) lease contracts relating to leases of real property, personal property, or both real and personal property;
(14) 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;
(15) 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 division thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose;
(16) Borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue and validate revenue bonds pursuant to the provisions of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," to pay the project costs of any one or more facilities relating to tourism, conventions, trade shows, or special events payable solely from funds pledged for that purpose, and to refund such revenue bonds; such facilities shall be owned by the authority and may be operated by the authority, leased by the au thority in whole or in part under true leases, which shall also be known as operat ing leases, or operated by others pursuant to one or more management contracts; revenues of the authority including but not limited to revenues derived by it from any such facilities and revenues derived from hotel-motel taxes received from the city may be pledged to the payment of debt service on such revenue bonds and other evidences of indebtedness of the authority;
(17) Sell, lease, grant, exchange, or otherwise dispose of any property, both real and personal, or interest therein;
(18) Sue and be sued in contract and in tort and to complain and defend in all courts;
(19) Advise and recommend plans to other public and private sector entities for the promotion of tourism, conventions, and trade shows;
(20) Conduct studies and develop plans for improving tourism in the area;
(21) Receive and disburse public funds appropriated by the city, including but not limited to revenues derived from the hotel-motel tax collected by the city; and to re ceive and disburse funds from private sources and other revenues which may be re ceived from time to time which would assist in the accomplishment of its corporate purpose; and
(22) Do all things necessary or convenient to accomplish its corporate purpose and to exercise any power permitted by the laws of the state to be exercised by private corporations which will further the authority's ability to accomplish such purpose, so long as the exercise of such power is not in conflict with the Constitution or laws of this state.

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(b) The powers enumerated in each paragraph of subsection (a) of this section are cumu lative of and in addition to those powers enumerated in the other paragraphs of subsec tion (a) of this section and any other powers elsewhere in this Act or which may reason ably be inferred from the provisions of this Act. This Act shall be liberally construed to effect the described purposes, and in interpreting this Act, the courts are not to apply "Dillon's Rule."
SECTION 8. Budget and finances.
The authority shall prepare an annual budget and submit the same to the mayor and city councilmembers, which upon approval by the city councilmember may, in the discre tion of the city councilmembers, be funded in whole or in part with revenue received by the city from the hotel-motel tax, provided the authority complies with any provisions relative to the expenditure of said revenues contained in Article 3 of Chapter 13 of Title 48 of the O.C.G.A. as now in effect and any other conditions or criteria deemed proper by the mayor and city councilmembers.
SECTION 9. Bylaws.
The authority may by affirmative vote of a majority of all members adopt bylaws to gov ern the authority, its employees, and operation and may by affirmative vote of all mem bers repeal, replace, or amend such bylaws.
SECTION 10. Liability limited.
Neither the members of the authority nor any person executing bonds, notes, leases, or other agreements or obligations on behalf of the authority shall be personally liable thereon by reason of such execution.
SECTION 11. City not bound.
The authority shall have no power or authority to bind the city by any contract, agree ment, financial obligation, indebtedness, or otherwise; and no contract, agreement, fi nancial obligation, or indebtedness incurred by the authority shall ever be a claim or charge against the city, provided that both the authority and the city shall be bound to each other by contacts, agreements, financial obligations or indebtedness between themselves.
SECTION 12. Oversight.
The mayor and city councilmembers shall be authorized, by and through a committee of their own number or by any one or more persons they may select to inspect at their pleasure the state and condition of the authority, its properties, and all books and records pertaining to the authority and its affairs, and the authority shall give and fur nish them with assistance in making such inspections.
SECTION 13. Dissolution.
Should the authority for any reason be dissolved after full payment of all bonded indebt edness incurred under the provisions of this Act, both as to principal and interest, title to all property of any kind and nature, real and personal, held by the authority at the time of such dissolution shall be conveyed to the city; or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made

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therefor in any resolution or trust instrument relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect to such property at the time of such conveyance.
SECTION 14. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substi tute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 103, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 647. By Representatives Parham of the 122nd and Hudson of the 120th:
A bill to amend an Act providing for the election of members of the board of education of Baldwin County, so as to change the composition of education districts from which members of the board of education are elected.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 7.
The Bill, having received the requisite constitutional majority, was passed. HB 652. By Representatives Williams of the 114th, Howard of the 118th, Alien of the
117th, Anderson of the 116th and Connell of the 115th: A bill to amend an Act creating the Board of Tax Assessors for Richmond County, so as to change provisions relating to the membership of the board.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 7.
The Bill, having received the requisite constitutional majority, was passed. HB 655. By Representatives Epps of the 131st and Hugley of the 133rd:
A bill to amend an Act reconstituting the Meriwether County Board of Edu cation, so as to provide a per diem allowance for the members of such board.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 7.
The Bill, having received the requisite constitutional majority, was passed. HB 661. By Representatives Stancil of the 16th, Scheid of the 17th and Pinholster of
the 15th: A bill to amend an Act creating a board of elections and registration for Cherokee County, so as to implement a system of staggered terms of office for the members of the board.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

MONDAY, FEBRUARY 22, 1999

733

On the passage of the Bill, the ayes were 103, nays 7.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 134. By Senator Thompson of the 33rd:
A bill to amend an Act reincorporating and providing a new charter for the City of Austell in Cobb and Douglas Counties, as amended, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers; to provide for the authority of this Act.
SB 151. By Senators Jackson of the 50th and Smith of the 25th:
A bill to create the Union County Family Connection Commission; to provide for the appointment of members; to provide for terms, oaths, duties, and pow ers; to authorize the commission to receive and expend funds; to provide for related matters; to provide for an annual report; to provide for an effective date; to provide for reviews.
SB 167. By Senators Walker of the 22nd and Cheeks of the 23rd:
A bill to amend an Act providing for the consolidated government of Augusta, Georgia, as amended, so as to change the provisions relating to the filling of vacancies in the office of the mayor or in the membership of the commission; to repeal certain provisions relating to affirmative action and equal opportunities.
SB 13. By Senators Crotts of the 17th, Dean of the 31st, Guhl of the 45th and others:
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 an exception for certain volunteer firefighters to serve as a member of the governing authority of a county or municipal corporation.
SB 32. By Senators James of the 35th, Tate of the 38th and Butler of the 55th:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to authorize implementation of a Scholastic Aptitude Test preparatory course for certain public schools; to provide that the contents of such course may be prescribed by each local board of education.
SB 38. By Senators Madden of the 47th, Starr of the 44th and Hecht of the 34th:
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-secre tary of the state examining boards; to provide for committee appointment, membership, terms, qualifications, vacancies, expenses, allowances, and or ganization; to provide for committee rights, duties, and functions.

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SB 133. By Senators Thomas of the 10th, Walker of the 22nd, Balfour of the 9th and others:
A bill to amend Chapter 44 of Title 43 of the Official Code of Georgia Anno tated, relating to speech-language pathologists and audiologists, so as to change the provisions relating to definitions; to change the provision relating to meeting times of the board; to provide for an additional exemption from licensure; to change the standards for licensure; to provide for temporary licenses.
The Senate has adopted by the requisite constitutional majority the following resolutions of the House:
HR 119. By Representatives Lucas of the 124th, Parham of the 122nd, Dean of the 48th and others:
A resolution authorizing the granting of nonexclusive easements for opera tion and maintenance of utilities, telecommunications, railroad crossings, water and sanitary sewer lines, access, and pipelines in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Bibb, Chatham, Cobb, Floyd, Fulton, Houston, Long, Newton, Paulding, and Towns counties.
HR 122. By Representatives Lucas of the 124th, Rogers of the 20th, Smith of the 19th and Porter of the 143rd:
A resolution authorizing the conveyance of certain state owned real property located in Cobb County authorizing the conveyance of certain state owned real property located in Hall County authorizing the conveyance of certain state owned real property located in Laurens County.
By unanimous consent, the following Bills of the Senate were read the first time and re ferred to the committees:
SB 13. By Senators Crotts of the 17th, Dean of the 31st, Guhl of the 45th and others:
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 corporations, so as to provide an exception for certain volunteer firefighters to serve as a member of the governing authority of a county or municipal corporation.
Referred to the Committee on Public Safety.

SB 32. By Senators James of the 35th and Butler of the 55th:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to authorize implementation of a Scholastic Aptitude Test preparatory course for certain public schools; to provide that the contents of such course may be prescribed by each local board of education.
Referred to the Committee on Education.

SB 38. By Senators Madden of the 47th, Starr of the 44th and Hecht of the 34th:
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-sec-

MONDAY, FEBRUARY 22, 1999

735

retary of the state examining boards; to provide for committee appointment, membership, terms, qualifications, vacancies, expenses, allowances, and or ganization; to provide for committee rights, duties, and functions.
Referred to the Committee on Industry.
SB 133. By Senators Thomas of the 10th, Walker of the 22nd, Balfour of the 9th and others: A bill to amend Chapter 44 of Title 43 of the Official Code of Georgia Anno tated, relating to speech-language pathologists and audiologists, so as to change the provisions relating to definitions; to change the provision relating to meeting times of the board; to provide for an additional exemption from licensure; to change the standards for licensure; to provide for temporary licenses.
Referred to the Committee on Health & Ecology.
SB 134. By Senator Thompson of the 33rd: A bill to amend an Act reincorporating and providing a new charter for the City of Austell in Cobb and Douglas Counties, as amended, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers; to provide for the authority of this Act.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 151. By Senators Jackson of the 50th and Smith of the 25th: A bill to create the Union County Family Connection Commission; to provide for the appointment of members; to provide for terms, oaths, duties, and powers; to authorize the commission to receive and expend funds; to provide for related matters; to provide for an annual report; to provide for an effec tive date; to provide for reviews.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 167. By Senators Walker of the 22nd and Cheeks of the 23rd: A bill to amend an Act providing for the consolidated government of Au gusta, Georgia, as amended, so as to change the provisions relating to the filling of vacancies in the office of the mayor or in the membership of the commission; to repeal certain provisions relating to affirmative action and equal opportunities.
Referred to the Committee on State Planning & Community Affairs - Local.

Representative Scheid of the 17th arose to a point of personal privilege and addressed the House.
Representative Kaye of the 37th arose to a point of personal privilege and addressed the House.
Representative Irvin of the 45th arose to a point of personal privilege and addressed the House.
Representative Murphy of the 18th arose to a point of personal privilege and addressed the House.

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Representative Poag of the 6th arose to a point of personal privilege and addressed the House.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 258. By Representatives Buckner of the 95th, Barnes of the 97th, Benefield of the 96th, Dodson of the 94th, Jamieson of the 22nd and others:
A resolution commending the Jonesboro High School faculty and students and inviting principal Linda Tanner and vice principals Clarence Jackson, Bill Cain, and John Lilly to appear before the House of Representatives.
HR 331. By Representatives Ponder of the 160th and Sholar of the 179th:
A resolution honoring April Heather Brinson, Miss Georgia 1998, and invit ing her to appear before the House of Representatives.
HR 337. By Representative Floyd of the 138th:
A resolution recognizing the Cordele-Crisp County Fish Fry and commending Mr. Don Tucker, Mr. Richard E. Smith, Mr. James Nance, and Ms. Jean Burnette, and inviting the cooking team to appear before the House of Representatives.
HR 358. By Representative Randall of the 127th:
A resolution welcoming citizens and public officials from Macon and Bibb County, observing February 22, 1999, as Macon Day in Atlanta-Taste of Macon, recognizing the 1999 Cherry Blossom Festival, and inviting certain offi cials and dignitaries from the Macon Bibb County area to appear before the House of Representatives.
The following Resolutions of the House were read and adopted:
HR 359. By Representative Floyd of the 138th:
A resolution recognizing and commending Miss Jaye Fraizer, 1999 Georgia Watermelon Queen and inviting her to appear before the House of Representatives.
HR 361. By Representative Turnquest of the 73rd:
A resolution commending Congresswoman Cynthia McKinney of the Fourth District of Georgia.
HR 369. By Representative Smith of the 109th:
A resolution commending Dallas Arthur Crowne.
HR 370. By Representative Smith of the 109th:
A resolution commending Willie Luther Colvin.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 360. By Representatives Smyre of the 136th, Murphy of the 18th, Walker of the 141st, Skipper of the 137th, Stanley of the 50th and others:
A resolution recognizing Congressman Sanford D. Bishop, Jr., and inviting him to appear before the House of Representatives.
HR 362. By Representatives Purcell of the 147th and Porter of the 143rd:
A resolution expressing regret at the passing of Kyle Wayne Dinkheller and inviting his family to appear before the House of Representatives.

MONDAY, FEBRUARY 22, 1999

737

HR 363. By Representative Purcell of the 147th:
A resolution commending Sergeant K.B. McGlamery and TFC T.M. Cameron from the Savannah GSP Post; TFC B.E. Hodges and TFC R.L. Dunsmore III from the Brunswick GSP Post; TFC Freddie "Buz" Cromer from the Hinesville GSP Post; and TFC G.W. Thrift from the Waycross GSP Post upon their being nominated "Officer of the Year for Meritorious Service" and inviting them to appear before the House of Representatives.

Representative Smyre of the 136th District, Chairman of the Committee on Rules, sub mitted 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 360 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman

Under the general order of business, established by the Committee on Rules, the follow ing Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 553. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st, Day of the 153rd, Royal of the 164th and others:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for homeowner tax relief grants to counties and local school districts.

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

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

Alien Y Anderson Y Ashe
Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong
Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell

Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell Cooper Cox Crawford Cummings Davis, M Davis, T Day Dean DeLoach, B DeLoach, G Dix Dixon Dodson Dukes Ehrhart

Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley
Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard

Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L
Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L

Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell

738
Y Randall Y Ray E Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson E Roberts Y Rogers Y Royal

JOURNAL OF THE HOUSE

Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott
Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield
Y Skipper
Y Smith, B

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 Squires Y Stallings Y Stancil

Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs

Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R
Y Wix Y Yates Y Murphy, Spkr

On the passage of the Bill, the ayes were 174, nays 0.

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

Representatives Bohannon of the 139th and Alien of the 117th 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 269. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st, Royal of the 164th, Buck of the 135th and others:
A resolution proposing an amendment to the Constitution so as to provide for a homeowner's incentive adjustment for the purpose of providing ad valorem property tax relief; to provide for calculation of adjustment amounts; to authorize the General Assembly to provide by general law for procedures and conditions.

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

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

Alien Anderson
Ashe Bailey Bannister Barnard Barnes Benefield Y Birdsong Y Bohannon Bordeaux Borders Bridges Brooks Brown Buck Buckner Bulloch Bunn Burkhalter Byrd Y Callaway Y Campbell Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell

Y Cooper Y Cox
Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G
Dix
Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd
Y Franklin Y Golick Y Graves
Y Greene Y Grindley Y Hammontree Y Manner Y Harbin
Y Harrell
Y Heard Y Heckstall

Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning
Martin, J Y Martin, J.L Y Massey

Y McBee Y McCall Y McClinton Y McRinney Y Millar Y Mills Y Mobley
Y Morris Y Mosley Y Mueller Y OWeal
Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder
Y Porter Y Powell Y Purcell
Ragas Y Randall
Y Ray E Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice

Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw
Shipp
Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling
Snow
Squires Stallings
Stancil
Stanley, P

MONDAY, FEBRUARY 22, 1999

Y Stanley-Turner
Y Stephens Y Stokes Y Stuckey Y Taylor

Teague
Y Teper Y Tillman Y Tolbert Y Trense

Y Turnquest Y Twiggs Y Unterm;an Y Walker, L Y Walker, R.L

Y Watson Y West Y Westmoreland Y Whitaker Y Wiles

739
Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 167, nays 0.

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

Representatives Smith of the 91st, Dean of the 48th and Alien of the 117th 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 204. By Representatives Lucas of the 124th, Parham of the 122nd, Skipper of the 137th and Epps of the 131st:
A resolution authorizing the conveyance of certain state owned real property located in Baldwin County; authorizing the conveyance of certain state owned real property located in Meriwether County; authorizing the assign ment of leasehold interest of certain state owned real property located in Rabun County; authorizing the conveyance of a reversionary interest in certain state owned real property located in Sumter County.

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

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

Alien Y Anderson Y Ashe Y Bailey
Y Bannister
Y Barnard Y Barnes Y Benefield
Y Birdsong Y Bohannon
Y Bordeaux
Y Borders Y Bridges Y Brooks Y Brown Y Buck
Buckner
Y Bulloch Y Bunn Y Burkhalter Y Byrd
Y Callaway
Y Campbell Y Cash Y Channell
Y Childers
Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T
Y Day Y Dean Y DeLoach, B Y DeLoach, G
Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps
Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis
Y Lord
Lucas Y Maddox Y Mann Y Manning
Martin, J
Y Martin, J.L Y Massey Y McBee Y McCall
McCHnton
Y McKinney Y Millar Y Mills
Mobley Y Morris Y Mosley Y Mueller Y OTSTeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell
Ragas Y Randall Y Ray E Reaves Y Reece Y Reed
Reese Y Reichert Y Rice Y Richardson E Roberts Y Rogers Y Royal
Sanders
Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

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JOURNAL OF THE HOUSE

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

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

Representative Alien of the 117th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HR 257. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A resolution urging the administrator of the United States Environmental Protection Agency to use sound science and real-world data from the data call-in process in establishing realistic models for evaluating risk.

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

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

Alien Anderson Ashe
Bailey
Bannister Barnard Barnes Benefield Birdsong
Bohannon
Bordeaux
Borders Bridges Brooks Brown
Buck
Buckner
Bulloch Bunn Burkhalter Byrd
Callaway
Campbell
Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes
Ehrhart Y Epps
Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye
Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning
Martin, J Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell
Y Randall Y Ray E Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson E Roberts Y Rogers Y Royal
Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow Squires Stallings Stancil Stanley, P Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper Tillman Tolbert Trense Turnquest Twiggs Unterman Walker, L Walker, R.L Watson West Westmoreland Whitaker Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 163, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
Representatives Barnard of the 154th and Alien of the 117th stated that they had been called from the floor of the House during the preceding roll call. They wished to be re corded as voting "aye" thereon.

MONDAY, FEBRUARY 22, 1999

741

HB 474. By Representatives Coleman of the 142nd, Alien of the 117th and Smith of the 109th:
A bill to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund.

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

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

Y Alien
Y Anderson
Y Ashe Y Bailey Y Bannister Y Barnard
Y Barnes Y Benefield
Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper
Y Cox Y Crawford Y Cummings
Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps
Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick
Graves Y Greene Y Grindley Y Hammontree
Hanner Y Harbin Y Harrell
Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning
Martin, J Y Martin, J.L Y Massey Y McBee
McCall Y McClinton
McKinney
Millar Y Mills
Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell
Ragas Y Randall
Ray
E Reaves Y Reece
Reed Y Reese Y Reichert Y Rice Y Richardson E Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims
Y Sinkfield Y Skipper
Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague
Y Teper Y Tillman
Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L
Walker, H.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed. HB 87. By Representatives Ehrhart of the 36th, Irvin of the 45th and Evans of the
28th: A bill to require the display of certain information on all public buildings; to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, re lating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to require the display of certain infor mation on all buildings thereof.
The following Committee substitute was read and adopted:

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JOURNAL OF THE HOUSE

A BILL
To require the display of certain information on certain plaques placed in public build ings; 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 govern mental entities, so as to require the display of certain information when certain plaques are installed on buildings thereof; to amend Article 1 of Chapter 16 of Title 50 of the Of ficial Code of Georgia Annotated, relating to general provisions regarding state property, so as to require the display of certain information when certain plaques are installed on state buildings; 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 pro visions applicable to counties, municipal corporations, and other governmental entities, is amended by striking Code Section 36-80-1, reserved, and inserting in lieu thereof the following:
"36-80-1.
Rcacrvcd Any plaque placed prominently at or near an entrance to any public building of any county, municipality, or political subdivision of the state, or any cornerstone of such a building, that is so placed or laid on or after July 1, 1999, and bears the name of the building or the name of any public official in connection with the construction or renovation of such building shall also bear the words This building paid for by the taxpayers of (county, municipality, or political subdivision)' in letters larger in height than any other letters used on such plaque or cornerstone, except those letters used in the name of the building."
SECTION 2.
Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding state property, is amended by adding at the end thereof a new Code Section 50-16-19 to read as follows:
"50-16-19.

Any plaque placed prominently at or near an entrance to any public building of this state, or any cornerstone of such a building, that is so placed or laid on or after July 1, 1999, and bears the name of the building or the name of any public official in connec tion with the construction or renovation of such building shall also bear the words 'This building paid for by the taxpayers of the State of Georgia' in letters larger in height than any other letters used on such plaque or cornerstone, except those letters used in the name of the building."

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 substi tute, was agreed to.

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister

Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon

Y Bordeaux N Borders Y Bridges N Brooks Y Brown

Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter

Y Byrd Y Callaway Y Campbell Y Cash Y Channell

Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford
Y Cummings Y Davis, M Y Davis, T Y Day Y Dean N DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps
Evans
Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley

MONDAY, FEBRUARY 22, 1999

Y Hammontree Y Hanner Y Harbin N Harrell
Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H
Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins
Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Y Lucas

Y Maddox Y Mann Y Manning
Martin, J
Y Martin, J.L Y Massey Y McBee
McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal N Orrock Y Parham Y Parrish
Y Parsons Y Pelote Y Pinholster
Y Poag
Y Ponder
Y Porter
Y Powell Y Purcell
Eagas Y Randall Y Ray

E Reaves N Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson E Roberts Y Rogers Y Royal Y Sanders Y Sauder
Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw
Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B 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

743
Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens N Stokes N Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert Y Trense
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 162, nays 8.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 487. By Representative Burkhalter of the 41st:
A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Anno tated, relating to individual accident and sickness insurance, so as to provide for notice prior to certain premium increases.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch
Y Bunn Y Burkhalter Y Byrd Y Callaway

Y Campbell Y Cash Y Channell
Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T
Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson

Y Dukes Y Ehrhart Y Epps
Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley
Y Hammontree Y Hanner Y Harbin Y Harrell
Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane
Lewis
Y Lord Y Lucas Y Maddox

Y Mann Y Manning
Martin, J
Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney
Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster

744
Y Poag Y Ponder Y Porter Y Powell Y Purcell
Y Randall Y Ray E Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice

JOURNAL OF THE HOUSE

Y Richardson
E Roberts
Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims

Y Sinkfield Y Skipper Y Smith, B 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 Squires

Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert
Y Trense Turnquest

Y Twiggs Y Unterman Y Walker, L
Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 170, nays 0.
The Bill, having received the requisite constitutional majority, was passed. HB 401. By Representatives Byrd of the 170th and Mosley of the 171st:
A bill to amend Chapter 5 of Title 45 of the Official Code of Georgia Anno tated, relating to vacation of office by certain public officers and employees, so as to provide a procedure for the suspension of members of local govern ment authorities upon felony indictment by a grand jury.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 5 of Title 45 of the Official Code of Georgia Annotated, relating to va cation of office by certain public officers and employees, so as to provide a procedure for the suspension of members of local government authorities upon felony indictment by a grand jury; to provide for reinstatement in certain circumstances; to provide for removal upon conviction; to limit compensation; to provide for replacement officials; to provide for applicability and 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 45 of the Official Code of Georgia Annotated, relating to vacation of office by certain public officers and employees, is amended by adding a new Code Section 45-5-6.2 to read as follows:
"45-5-6.2.
(a) As used in this Code section, the term:
(1) 'Authority official' means any appointed member of a governing body of a local authority.
(2) 'Local authority' includes without limitation instrumentalities of one or more lo cal governments created to fulfill a specialized public purpose or any other legally created organization that has authority to issue debt for a public purpose indepen dent of a county or municipality. The term does not include state authorities. Such local authorities may have been created by local constitutional amendment, general statute, or local law.
(b) Unless otherwise provided by general law, upon indictment of an authority official for a felony offense by a grand jury of this state or by the United States, the gov erning authority of the county or municipality that appointed the authority official,

MONDAY, FEBRUARY 22, 1999

745

may, by resolution entered on the minutes of the governing authority, suspend the au thority official from the appointed office immediately and without further action pend ing the final disposition of the case or until the expiration of his or her appointed term of office, whichever occurs first. During the term of the office to which such officer was appointed and in which the indictment occurred, if a nolle prosequi is entered, if the authority official is acquitted, or if, after conviction, the conviction is later over turned as a result of any direct appeal or application for a writ of certiorari, the au thority official shall be immediately reinstated to the office from which he or she was suspended. If the local authority is a joint authority or regional authority with ap pointments from more than one county, municipality, or combination of counties and municipalities, the governing authority of the county or municipality which was re sponsible for the appointment shall be authorized to suspend the indicted authority official.

(c) If the suspended authority official is compensated for his or her duties on behalf of the local authority, the authority official shall continue to receive the compensation from his or her office until an initial conviction. After an initial conviction, the author ity official shall not be entitled to receive the compensation from his or her office. If the authority official is reinstated to office, he or she shall be entitled to receive any compensation withheld under the provisions of this Code section.

(d) For the duration of any suspension of any authority official under this Code sec tion, a replacement official for the authority official suspended shall be appointed as provided for in any general law, local law, ordinance, or resolution governing the fill ing of a temporary vacancy in the public office affected. If no such general law, local law, ordinance, or resolution governing the filling of a temporary vacancy is applica ble, then the governing authority of the county or city responsible for the initial ap pointment shall appoint a replacement officer for the authority official suspended. Upon final conviction, the office of the authority official shall be vacated immediately without further action. Said vacancy shall be filled by the replacement official ap pointed pursuant to this subsection for the balance of the appointed term of the con victed authority official."

SECTION 2.
(a) This Act shall become effective upon its approval by the Governor or upon its becom ing law without such approval.
(b) The provisions of this Act shall not apply to any indictment handed down prior to the effective date of this Act.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Alien Y Anderson Y Ashe Y Bailey
Y Bannister Y Barnard Y Barnes
Y Benefield
Y Birdsong Y Bohannon

Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn
Y Burkhalter

Y Byrd
Y Callaway
Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T

Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day Y Dean Y DeLoach, B

Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans
Y Everett Y Felton

746
Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L

JOURNAL OF THE HOUSE

Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning
Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y CCNeal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell
Randall Y Ray E Reaves Y Reece Y Eeed Y Heese Y Reichert Y Rice Y Richardson E Roberts Y Rogers Y Royal

Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires Y Stallings Y Stancil

Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L
Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 263. By Representatives Martin of the 47th, Bordeaux of the 151st and Alien of the 117th:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Anno tated, relating to alimony and child support generally, so as to provide for a family support registry and for duties, powers, and functions relating thereto; to require that certain child support order payments and income de duction order payments be redirected to or made through such registry.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to al imony and child support generally, so as to provide for a family support registry and for duties, powers, and functions relating thereto; to require that certain child support order payments and income deduction order payments be redirected to or made through such registry; to provide for implementation and procedures; to provide for notices and sanc tions; to provide for cooperation, cooperative agreements, and fees; to provide for imme diate withholding from the income and earnings of the obligor; to provide for distribu tion of support amounts payable within two business days after receipt; to provide that administrative fees shall not reduce child support payments; 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 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, is amended by striking in their entirety paragraphs (1) and (3) of subsection (a.l) and subsection (b) of Code Section 19-6-32, relating to income deduc tion orders, and inserting in lieu thereof the following:

MONDAY, FEBRUARY 22, 1999

747

"(a.l)(l) All child support orders which are initially issued in this state on or after January 1, 1994, and are not at the time of issuance being enforced by the IV-D agency shall provide for the immediate withholding of such support from the wages income and earnings of the person required by that order to furnish support unless:
(A) The court issuing the order finds there is good cause not to require such im mediate withholding; or
(B) A written agreement is reached between both parties which provides for an al ternative arrangement.
For purposes of this paragraph, any finding that there is good cause not to require withholding must be based on at least a written determination that implementing wage withholding would not be in the best interest of the child and proof of timely payment of previously ordered support in cases involving modification of support orders."
"(3) Copies of income deduction orders issued under this subsection shall be served on the obligee, obligor, and the child support IV-D agency when payment is to be made to the agency."
"(b) The income deduction order shall:
(1) Direct a payer to deduct from all income due and payable to an obligor the amount required by the support order to meet the obligor's support obligation;
(2) State the amount of arrearage accrued, if any, under the support order and di rect a payor to withhold an additional amount until the arrearage is paid in full;

(3) Direct a payor not to deduct in excess of the amounts allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b), as amendedr; and
(4) Direct the payor to send income deduction payment including administrative fees authorized by law to the family support registry as provided for in Code Section 19-6-33.1."
SECTION 2. Said chapter is further amended in Code Section 19-6-33, relating to notice, service, and hearings relating to income deduction orders, the obligor's discharge, and penalties, by striking in its entirety paragraph (3) of subsection (e) and inserting in lieu thereof the following:
"(3) Instruct the payor to forward, within two business days after each payment date, to the obligee or the receiver family support registry the amount deducted from the obligor's income and a statement as to whether that amount totally or par tially satisfies the periodic amount specified in the income deduction order:--If the IV D agency io enforcing the order, the payor shall make these notifications to the agency inatcod of the obligee;".
SECTION 3. Said chapter is further amended by adding after Code Section 19-6-33, relating to no tices of income deduction orders, a new Code section to read as follows:
"19-6-33.1.
(a) As used in this Code section, the term:

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(1) 'Child support enforcement agency' means the Child Support Enforcement Agency of the Department of Human Resources and its contractors.
(2) 'Family support registry" means a central registry maintained and operated pur suant to subsection (c) of this Code section, which receives, processes, disburses, and maintains a record of the payment of child support, child support when combined with spousal support, child support arrears, or child support debt made pursuant to court or administrative order.
(3) 'Income deduction order' means any income deduction order which is made pur suant to Code Section 19-6-32 and which becomes effective upon a delinquency which occurred on or after January 1, 1994, or which became effective immediately without a delinquency on or after January 1, 1994.
(b) Any term used in this Code section and defined in Code Section 19-6-31 shall have the meaning provided for such term in Code Section 19-6-31.
(c) As required by federal law, there shall be established and operated a family sup port registry pursuant to IV-D regulations and authority and funding provided to the child support enforcement agency. The child support enforcement agency is authorized to establish and maintain or contract for the establishment and maintenance of the family support registry. This registry shall be used for the collection and processing of payments for support orders in all cases which are enforced by the child support en forcement agency and for all other support orders not being enforced by the child sup port agency which are subject to income deduction order as defined by paragraph (3) of subsection (a) of this Code section.
(d) The child support agency shall as required by federal law redirect payments for support orders in all cases being enforced by the child support agency and for all other support orders not being enforced by the child support agency which are subject to an income deduction order as defined by paragraph (3) of subsection (a) of this Code sec tion. These support payments to a court or receiver or private party by an employer shall be redirected to the family support registry.
(e) In implementing the family support registry, the child support enforcement agency is authorized to:
(1) Receive, process, and disburse payments for child support, child support when combined with spousal support, child support arrears, or child support debt for any order;
(2) Maintain records of any payments collected, processed, and disbursed through the family support registry;
(3) Establish and maintain a separate record for payments made through the regis try as a result of a judgment remedy;
(4) Answer inquiries from any parent concerning payments processed through the family support registry; and
(5) Collect a fee for the processing of insufficient funds checks and issue a notice to the originator of any insufficient funds check that no further checks will be accepted from such person and that future payments shall be required to be paid by cash or certified funds.

MONDAY, FEBRUARY 22, 1999

749

(f) On or after April 1, 1999, the child support enforcement agency shall begin imple menting the family support registry. The commissioner of the department or the com missioner's designee shall notify the court administrator and the chief judge of each judicial circuit when new income deduction orders are to be directed to the family sup port registry.
(g) Upon implementation of the family support registry in any county or judicial cir cuit, the following procedures shall be followed in such county or circuit:
(1) All administrative orders and all court orders entered or modified which provide for income deduction orders for support payments for child support, child support when combined with spousal support, child support arrears, or child support debt shall require that such payments be made through the family support registry; and
(2) The child support enforcement agency shall send or cause to be sent a notice by first class mail directing that all income deduction order payments shall be made to the family support registry. Orders subject to this redirection include: all support orders being enforced by the child support agency and all other orders not being en forced by the child support agency which are subject to an income deduction order as defined in paragraph (3) of subsection (a) of this Code section. The notice shall be sent to the following persons:
(A) Any obligor who is obligated to make payments for support, child support when combined with spousal support, child support arrears, or child support debt under court order or administrative order in a IV-D case where the order does not already specify paying through the family support registry; and
(B) Any employer or other payor of funds who has been deducting income under Code Section 19-6-32.
(h) Any obligor or employer who receives a notice to redirect payments as specified in subsection (g) of this Code section who fails to make the payments to the family sup port registry and who continues to make payments to the court or to the IV-D agency shall be sent a second notice to redirect payments. The second notice shall be sent cer tified mail, return receipt requested. Such notice shall contain all the information re quired to be included in the first notice to redirect payments and shall further state that the obligor or employer has failed to make the payments to the correct agency and that the payor or obligor shall redirect the payments to the family registry at the address indicated in the notice. Failure to make payments to the family support regis try after a second notice shall be grounds for contempt.
(1)(l) Any payment required to be made to the family support registry which is re ceived by the court, receiver, or child support enforcement agency shall be forwarded to the family support registry within two business days after receipt. All income de duction payments from employers or such payments forwarded by the court, re ceiver, or child support enforcement agency shall be identified with the information specified by the family support registry, including but not limited to the court case number, social security number, the county where the case originated, and the name of the obligor. A copy of the notice to redirect payments described in paragraph (g) of this Code section shall be mailed to the obligee and the court.
(2) Except as provided by federal law, the family support registry shall distribute all support amounts payable within two business days after receipt from the employer or other payment source.
(j) The department shall coordinate the operation of the family support registry with the state case registry created under Code Section 19-11-39 so as to reduce if not elim inate the need for duplicate reporting and information recording. The department is

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JOURNAL OF THE HOUSE

authorized to enter into cooperative agreements with the courts of the judicial circuits in order to implement the family support registry. The department shall be author ized to establish and collect from the income deduction order obligor or other obligor paying support through the family support registry an administrative fee. The fee shall not exceed $2.00 per payment or 5 percent of the amount of each payment or the actual cost of processing and distributing the child support from the source to the obli
gee, whichever is the lesser.

(k) Nothing in this Code section shall allow or require any reduction of child support payments paid to any parent or guardian of a minor child."

SECTION 4.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield
Y Birdsong
Y Bohannon Y Bordeaux
Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn
Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell
Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Y Jones
Y Joyce Y Kaye
Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning
Martin, J Y Martin, J.L
Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell
Ragas Randall Y Ray E Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson E Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow Squires Stallings Stancil Stanley, P Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper Tillman Tolbert Trense Turnquest Twiggs Unterman Walker, L Walker, R.L Watson West Westmoreland Whi taker Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 167, nays 1.

MONDAY, FEBRUARY 22, 1999

751

The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 287. By Representative Channell of the lllth:
A bill to amend Code Section 16-13-32.6 of the Official Code of Georgia An notated, relating to establishment of drug-free commercial zones and punish ment of unlawful conduct therein, so as to adopt and incorporate all drugfree commercial zones which have been adopted by counties and municipali ties and registered with the Department of Community Affairs prior to a cer tain date.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux
Y Borders
Y Bridges
Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd
Y Callaway
Y Campbell
Y Cash Y Channell Y Childers Y Clark Y Coan
Y Coleman, B Y Coleman, T Y Connell Y Cooper
Y Cox
Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix
Dixon
Y Dodson Y Dukes Y Ehrhart
Epps
Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning
Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar
Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Pelote
Pinholster
Poag Ponder Porter Powell Purcell Ragas Randall Ray Reaves
Reece Reed Reese Reichert Rice Richardson Roberts Rogers
Royal
Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L

Y Smith, L.R Y Smith, P Y Smith, T
Smith, V Y Smyre
Snelling Snow Squires
Stallings Stancil Y Stanley, P Y Stanley-Turner Stephens Stokes
Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs
Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R
Wix Yates Murphy, Spkr

On the passage of the Bill, the ayes were 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Due to a mechanical malfunction, the vote of Representative Reed of the 52nd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 442. By Representatives Powell of the 23rd 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 motor vehicle drivers' licenses, so as to change certain provisions relating to revocation of licenses of persons under age 21 for certain offenses and issu ance of new license following revocation.

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JOURNAL OF THE HOUSE

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

Alien Anderson Ashe Bailey
Bannister Barnard
Barnes Benefield Birdsong
Bohannon Bordeaux Borders Bridges Brooks Brown Buck Buckner Bulloch Bunn Burkhalter Byrd
N Callaway
N Campbell Y Cash Y Channell N Childers N Clark Y Coan N Coleman, B Y Coleman, T N Connell N Cooper Y Cox Y Crawford Y Cummings N Davis, M

Y Davis, T N Day
Y Dean Y DeLoach, B N DeLoach, G Y Dix Y Dixon N Dodson N Dukes Y Ehrhart Y Epps N Evans N Everett N Felton Y Floyd Y Franklin N Golick
Y Graves
Y Greene N Grindley Y Hammontree Y Hanner Y Harbin N Harrell Y Heard Y Heckstall N Hegstrom Y Hembree Y Henson Y Holland N Holmes N Houston
Y Howard N Hudgens Y Hudson, H
Y Hudson, N

Y Hugley
N Irvin
N Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings
Y Jones Y Joyce N Kaye Y Lane N Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning
Martin, J Y Martin, J.L N Massey N McBee Y McCall N McClinton N McKinney
N Millar Y Mills N Mobley N Morris Y Mosley N Mueller N O'Neal N Orrock Y Parham Y Parrish
Y Parsons

Y Pelote N Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell
Y Randall Y Ray E Reaves Y Reece N Reed N Reese Y Reichert Y Rice Y Richardson E Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett N Scheid N Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield N Skipper Y Smith, B Y Smith, C N Smith, C.W Y Smith, L

Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow Squires Stallings Stancil Stanley, P Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper Tillman Tolbert Trense Turnquest Twiggs Unterman Walker, L Walker, R.L Watson West Westmoreland Whitaker Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

On the passage of the Bill, the ayes were 104, nays 70.
The Bill, having received the requisite constitutional majority, was passed.
Representative Jones of the 71st stated that he inadvertently voted "aye" on the preced ing roll call. He wished to be recorded as voting "nay" thereon.
Representative Snelling of the 99th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB
442.
By unanimous consent, the following Bill of the House was withdrawn from the Commit tee on State Planning & Community Affairs and referred to the Committee on Govern mental Affairs: HB 677. By Representatives Holland of the 157th, Byrd of the 170th, Holmes of the
53rd, Stuckey of the 67th, Martin of the 47th and others: 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 of Personnel Adminis tration generally, so as to change the grievance system for classified employees.

MONDAY, FEBRUARY 22, 1999

753

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 360. By Representatives Smyre of the 136th, Murphy of the 18th, Walker of the
141st, Skipper of the 137th, Stanley of the 50th and others: A resolution recognizing Congressman Sanford D. Bishop, Jr., and inviting him to appear before the House of Representatives.
Representative Parrish of the 144th District, Chairman of the Committee on Banks & Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks & Banking has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 297 Do Pass, by Substitute HB 562 Do Pass
Respectfully submitted, /s/ Parrish of the 144th
Chairman
Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 340 Do Pass HB 415 Do Pass SB 59 Do Pass
Respectfully submitted, /s/ Martin of the 47th
Chairman
Representative Cummings of the 27th District, Chairman of the Committee on Retire ment, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 616 Do Pass

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

Representative Smyre of the 136th District, Chairman of the Committee on Rules, sub mitted 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 167 Do Pass HR 326 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman

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

Mr. Speaker:

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

HB 458 Do Pass, by Substitute HB 459 Do Pass

HB 509 Do Pass, by Substitute SB 56 Do Pass

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

The Speaker announced the House in recess subject to the call of the Chair. The House will convene at 10:00 o'clock the next legislative day.

TUESDAY, FEBRUARY 23, 1999

755

Representative Hall, Atlanta, Georgia Tuesday, February 23, 1999

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend James E. Duke, Jr., Pastor, First United Methodist Church, Douglas, 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 intro duced, read the first time and referred to the committees: HB 22. By Representatives Snelling of the 99th and Day of the 153rd:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of food to a day-care facility to be consumed on premises by children who attend such facility.
Referred to the Committee on Ways & Means.
HB 728. By Representative Hanner of the 159th: A bill to amend an Act entitled "An Act to create the board of commission ers of Webster County," so as to redefine the commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

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HB 729. By Representatives Williams of the 114th, Howard of the 118th, DeLoach of the 119th and Connell of the 115th:
A bill to amend an Act creating the Augusta Port Authority, so as to change the provisions relating to the membership of the authority; to provide for the appointment, terms, and vacancies of members.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 730. By Representatives Brown of the 130th, Epps of the 131st and Smith of the 102nd:
A bill to amend an Act to change the compensation of the coroner of Troup County, so as to change the salary of the coroner; to change the compensa tion of the chief deputy coroner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 731. By Representatives Epps of the 131st, Brown of the 130th and Smith of the 102nd: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide a mechanism to allow the removal from office of members of development authorities and members of down town development authorities and to fill any vacancies so created.
Referred to the Committee on State Planning & Community Affairs.
HB 732. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st, Bordeaux of the 151st, Graves of the 125th and others: A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions regarding torts, so as to establish a standard of care for certain entities which administer benefits or review or adjust claims under a managed care plan and provide for recovery for viola tions of that standard.
Referred to the Committee on Judiciary.
HB 733. By Representatives Williams of the 114th, Howard of the 118th, DeLoach of the 119th and Connell of the 115th: A bill to amend an Act creating the Augusta Canal Authority, so as to change the provisions relating to the membership of the authority; to pro vide for the appointment, terms, and vacancies of members.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 734. By Representatives Childers of the 13th and Parsons of the 40th: A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to abolish the office of the joint-secre tary of the state examining boards and provide for actions taken prior to such abolition.
Referred to the Committee on Health & Ecology.
HB 735. 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

TUESDAY, FEBRUARY 23, 1999

757

as to change certain provisions relating to expense allowances for members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 736. By Representative Teper of the 61st:
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 corporations, so as to prohibit public or private suppliers of sanitation ser vices from placing liens for unpaid charges against real property unless the person who incurred the charges is the owner of such property.
Referred to the Committee on State Planning & Community Affairs.

HB 737. By Representatives Dean of the 48th, McKinney of the 51st and McClinton of the 68th:
A bill to amend an Act creating county building authorities in certain coun ties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census, so as to redefine the term "project"; to delete any limitation on the definition of the term "pro ject" as meaning only a building or facility intended for use as a juvenile court facility.
Referred to the Committee on State Planning & Community Affairs.

HB 738. By Representative Parrish of the 144th:
A bill to amend Code Section 35-8-2 of the Official Code of Georgia Anno tated, relating to definitions applicable to the "Georgia Peace Officer Stan dards and Training Act," so as to change the definition of the term "peace officer"; to provide that personnel who are authorized to exercise the power of arrest, who are employed or appointed by the Department of Juvenile Justice.
Referred to the Committee on Public Safety.

HB 739. By Representative Whitaker of the 7th: A bill to provide a new charter for the City of East Ellijay.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 740. By Representatives Powell of the 23rd, Walker of the 141st, Hudson of the 156th, Randall of the 127th, McCall of the 90th and others:
A bill to amend Chapter 8A of Title 43 of the Official Code of Georgia Anno tated, relating to professional boxing, so as to amend certain definitions; to change the name of the State Boxing Commission to the Georgia Boxing Commission; to clarify the powers and duties of the commission; to author ize the commission to designate a nationally recognized boxing registry.
Referred to the Committee on Industry.
HB 741. By Representatives Franklin of the 39th, Wiles of the 34th, Mills of the 21st, Davis of the 60th, Irvin of the 45th and others:
A bill to amend Code Section 10-1-159 of the Official Code of Georgia Anno tated, relating to inspection of self-measuring kerosene or gasoline pumps,

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so as to provide for decals to be affixed to pumps which describe certain taxes being paid by a purchaser.
Referred to the Committee on Industry.

HE 742. By Representative Smith of the 169th:
A bill to amend an Act creating the office of commissioners of Roads and Revenues of Brantley County, so as to change the compensation for the commissioners and the chairperson.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 743. By Representatives Cooper of the 31st, Hudson of the 120th, Ponder of the 160th, Watson of the 70th and DeLoach of the 172nd:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, known as the "Georgia Election Code," so as to change the number of state-wide poll watchers who may be appointed; to provide for training of poll watchers.
Referred to the Committee on Governmental Affairs.

HB 744. By Representative Cash of the 108th:
A bill to amend Article 1 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, the "Georgia Registered Professional Nurse Practice Act," so as to change the provisions relating to definitions; to provide for the practice of registered nurse first assistants and provide for standards and title therefor.
Referred to the Committee on Health & Ecology.

HB 745. By Representatives Reichert of the 126th, Graves of the 125th and Randall of the 127th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Bibb County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 746. By Representative Holland of the 157th:
A bill to amend Code Section 44-14-3 of the Official Code of Georgia Anno tated, relating to furnishing of cancellation by grantee or holder upon pay ment and a civil penalty for failure to comply, so as to change the time within which a lender must record a satisfaction.
Referred to the Committee on Judiciary.

HB 747. By Representatives Bohannon of the 139th and Day of the 153rd:
A bill to amend Article 5 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to unemployment contributions and payments in lieu of contributions, so as to provide for the temporary suspension of such contributions and payments; to provide for powers, duties, and author ity of the state auditor.
Referred to the Committee on Industrial Relations.

TUESDAY, FEBRUARY 23, 1999

759

HB 748. By Representatives Holland of the 157th, Hudson of the 156th, Ray of the 128th, Barnard of the 154th and Smith of the 109th:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Anno tated, relating to electrical contractors, plumbers, conditioned air contrac tors, low-voltage contractors, and utility contractors, so as to repeal Code Section 43-14-12.1, relating to cease and desist orders to prevent the viola tion of such chapter and penalties for violating such orders.
Referred to the Committee on Industry.
HB 749. By Representatives Bohannon of the 139th, Epps of the 131st, West of the 101st and Westmoreland of the 104th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the "Complementary and Alternative Health Care Freedom of Access Act"; to provide for a short title; to provide for leg islative purpose; to provide for definitions; to provide for patient and practi tioner rights and responsibilities.
Referred to the Committee on Health & Ecology.
HB 750. By Representative Wiles of the 34th:
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 provide for the submission of fingerprints in conjunction with the application for a li cense for the operation of a foster home; to provide for a fingerprint check by the Federal Bureau of Investigation.
2/22/99
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 750. This notice is made prior to or upon read ing the bill the first time.

Isl John J. Wiles Representative 34th District
Referred to the Committee on Judiciary.
HB 751. By Representative Wiles of the 34th: A bill to amend Chapter 3 of Title 35 of the Official Code of Georgia Anno tated, relating to the Georgia Bureau of Investigation, so as to ratify the National Crime Prevention and Privacy Compact established by Section 217 of Subtitle A of Title LL of federal Public Law 92-544; to define certain terms; to provide duties for the director of the Georgia Crime Information Center.
2/22/99
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 751. This notice is made prior to or upon read ing the bill the first time.

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lal John J. Wiles Representative 34th District
Referred to the Committee on Public Safety.
HB 752. By Representatives Buck of the 135th and Murphy of the 18th: A bill to amend Chapter 11 of Title 48 of the Official Code of Georgia Anno tated, relating to cigar and cigarette taxes, so as to provide for additional requirements with respect to the sale of cigarettes; to prohibit certain types of sales; to provide for restrictions with respect to distributors; to provide for civil penalties; to provide for seizure and forfeiture of contraband.
Referred to the Committee on Ways & Means.
HB 753. By Representative Cummings of the 27th: A bill to amend an Act creating the Cedartown Development Authority, so as to provide for the appointment of additional members of the Authority.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 754. By Representatives Jamieson of the 22nd, Coleman of the 142nd, Cum mings of the 27th, Banner of the 159th and Lane of the 146th: A bill to amend Code Section 45-20-2 of the Official Code of Georgia Anno tated, relating to definitions relative to the Georgia Merit System, so as to delete a certain exemption from benefits relative to certain employees of the Department of Natural Resources.
Referred to the Committee on Natural Resources & Environment.
HB 755. By Representatives Coleman of the 142nd, Parrish of the 144th and Royal of the 164th: 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 change provisions relating to state service delivery regions.
Referred to the Committee on Appropriations.
HB 756. By Representatives Coleman of the 142nd, Jamieson of the 22nd, Connell of the 115th, Smith of the 169th and Greene of the 158th: A bill to amend Code Section 47-3-120 of the Official Code of Georgia Anno tated, relating to allowance on service retirement in the Teachers Retire ment System of Georgia and related matters, so as to provide for an early retirement option for classroom teachers.
Referred to the Committee on Retirement.
HB 757. By Representatives Coleman of the 142nd, Buck of the 135th, Royal of the 164th and Hudson of the 156th: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions regarding in come tax credits for certain manufacturing and telecommunications facili ties and their support facilities in tier 1, tier 2, and tier 3 counties; to pro vide for such credits with respect to certain tourism facilities and their support facilities.
Referred to the Committee on Ways & Means.

TUESDAY, FEBRUARY 23, 1999

761

HB 758. By Representatives Henson of the 65th, Orrock of the 56th, Trense of the 44th, Ashe of the 46th, Stuckey of the 67th and others:
A bill to define and provide for a new category of facilities to be designated as "assisted living facilities" and to include "assisted living facilities - Level I" and "assisted living facilities - Level II" within such category; to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices, so as to change certain provisions relating to providing personal care services.
Referred to the Committee on Human Relations & Aging.

HR 364. By Representatives Parham of the 122nd and Birdsong of the 123rd: A resolution compensating Mr. Thomas King.
Referred to the Committee on Appropriations.

HR 365. By Representative Felton of the 43rd: A resolution compensating Mr. Hugh Kelley Rickenbaker, III.
Referred to the Committee on Appropriations.

HR 366. By Representatives Jones of the 71st, Massey of the 86th, Walker of the 141st and Rice of the 79th:
A resolution creating the House Study Committee on Obscenity in Music Lyrics.
Referred to the Committee on Rules.

HR 367. By Representatives Campbell of the 42nd, Irvin of the 45th, Ehrhart of the 36th, Evans of the 28th, Mueller of the 152nd and others:
A resolution creating the Bipartisan Joint Commission on Criminal Justice Reform.
Referred to the Committee on Rules.

HR 368. By Representatives Franklin of the 39th, Wiles of the 34th, Mills of the 21st, Davis of the 60th, Mann of the 5th and others: A resolution urging Congress to repeal the Spanish American War Tax.
Referred to the Committee on Ways & Means.

HR 371. By Representatives Joyce of the 1st, Byrd of the 170th, Walker of the 141st, Irvin of the 45th, Mueller of the 152nd and others:
A resolution requesting information about the actions of the Attorney Gen eral regarding SB 357 from the 1997 session.
Referred to the Committee on Judiciary.

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

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HB 784. By Representatives Byrd of the 170th, West of the 101st, Dean of the 48th, Bohannon of the 139th, Orrock of the 56th and others: A bill to amend Chapter 26 of Title 43 of the Official Code of Georgia Anno tated, relating to nurses, so as to enact a new article providing prescriptive authority to advanced practice registered nurses.
Referred to the Committee on Human Relations & Aging.
HR 372. By Representatives Mueller of the 152nd, Stephens of the 150th, DeLoach of the 172nd, Barnard of the 154th, McCall of the 90th and others: A resolution creating the Joint Water Resources Policy Study Committee.
Referred to the Committee on Rules.

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

HB 698 HB 699 HB 700 HB 701 HB 702 HB 703 HB 704 HB 705 HB 706 wrTriHriiTBBbeeR n7v7I/Ondt0n\a9SnaI HB 710
P-TR 711
HB 712 HB 713 HB 714 HB 715 HB 716 HB 717 HB 718 HB 719

HB 720 HB 721 HB 722 HB 723 HB 724 HB 725 HB 726 TTR 727 tro ooo T*,,r""rI"_*To**, o,,QoaQ,,*Qo.
ooo
JMJv Ooo
HR 357 SB 13 SB 32 SB 38 SB 133
SB 134 SB 151 SB 167

Pursuant to Rule 52, Representative Walker of the 141st moved that the following Bill of the House be engrossed:
HB 720. By Representatives Murphy of the 18th, Walker of the 141st, Skipper of the 137th, Smyre of the 136th and Stanley of the 50th:
A bill to amend Chapter 7 of Title 28 of the Official Code of Georgia Anno tated, relating to prohibited lobbying practices, so as to provide that it shall be unlawful for any unit of state government to contract for or use public funds to pay for the services of a lobbyist; to provide for nonapplicability to activities of public employees; to provide for broad applicability to all units of state government and the personnel thereof.

The motion prevailed.

TUESDAY, FEBRUARY 23, 1999

763

Representative Lane of the 146th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the fol lowing recommendation:
HB 681 Do Pass
Respectfully submitted, Isl Lane of the 146th
Chairman

Representative Smyre of the 136th District, Chairman of the Committee on Rules, sub mitted 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 32 Do Pass HR 83 Do Pass HR 84 Do Pass HR 155 Do Pass

HR 217 Do Pass HR 302 Do Pass HR 327 Do Pass

Respectfully submitted, Isl Smyre of the 136th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Plan ning & 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 673 Do Pass HB 680 Do Pass HB 691 Do Pass

HB 692 Do Pass HB 693 Do Pass HB 697 Do Pass

Respectfully submitted, lal Royal of the 164th
Chairman

The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR TUESDAY, FEBRUARY 23, 1999
Mr. Speaker and Members of the House:

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The Committee on Rules has fixed the calendar for this 25th Legislative Day as enumer ated below:
HB 381 Local govt; cert construction; qualified business enterprise HB 506 QBE; certain foreign language instruction; funding; grants HB 513 Insurance fraud; victims 60 and older; increased penalties HB 524 Income tax; certain credits; transfer duties to revenue commissioner HB 525 Local govt; certain undertakings; exclude solid waste facilities HB 541 Ag Commodity Comm for Peanuts; authorize cert use of property HB 630 State agencies, etc; inventory of leased space; submit to DOAS
HR 154 Joint Manufactured Housing Study Committee; create HR 169 Hall County; convey property HR 215 Joint West Georgia River Protection Act Study Committee; create
Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Smyre of the 136th
Chairman
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: HB 673. By Representative Hugley of the 133rd:
A bill to provide a new charter for the Town of Junction 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 127, nays 4.
The Bill, having received the requisite constitutional majority, was passed. HB 680. By Representatives Reichert of the 126th, Graves of the 125th, Ray of the
128th and Birdsong of the 123rd: A bill to amend an Act known as the "Macon Water Authority Act," so as to provide for additional purposes, powers, and definitions; to provide for mat ters having to do with industrial development.
The following substitute, offered by Representatives Reichert of the 126th, Birdsong of the 123rd, Lucas of the 124th and Randall of the 127th, was read and adopted:

A BILL
To amend an Act known as the "Macon Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, particularly by an Act approved March 25, 1996 (Ga. L. 1996, p. 3619), so as to provide for additional purposes, powers, and definitions; to provide for matters having to do with industrial development; to authorize said author ity to contract with Bibb County and the Macon-Bibb County Industrial Authority with respect to the acquisition, construction, or development of industrial sites or facilities; to provide for the limited use of funds of said authority received from water and sewer rev enues for specified purposes and powers; to provide for a revolving fund; to provide for the pledge of funds to pay certain revenue bonds; to provide for options on property; to provide that water and sewer revenues of said authority will not be used for any pur-

TUESDAY, FEBRUARY 23, 1999

765

pose which would impair the payment of any obligations on revenue bonds issued by or on behalf of the authority; 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 known as the "Macon Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, particularly by an Act approved March 25, 1996 (Ga. L. 1996, p. 3619), is amended by adding at the end of Section 3 thereof a new sentence to read as follows:
"The authority shall also have the purpose of assisting the City of Macon, Bibb County, and the Macon-Bibb County Industrial Authority with respect to industrial development as set forth in paragraph (19.1) of Section 5 of this Act."
SECTION 2.
Said Act is further amended by adding at the end of paragraph (3) of Section 4 thereof a new sentence to read as follows:
" 'Project' shall also include all things used or useful in connection with the perform ance of any of the contracts with respect to industrial development as authorized in paragraph (19.1) of Section 5 of this Act."
SECTION 3.
Said Act is further amended by striking "and" at the end of paragraph (19) of Section 5 thereof and adding immediately thereafter the following:
"(19.1XA) To enter into a contract or contracts with Bibb County, the Macon-Bibb County Industrial Authority, or both, with respect to acquiring and developing in dustrial sites and facilities, including, without limitation, the construction or reno vation of buildings and facilities for lease or sale to industrial or other companies providing employment within Bibb County. The authority may utilize its reve nues from its water and sewer operations for the performance of such contracts; provided, however, such contracts shall not require nor permit the expenditure of authority funds in excess of $704,000.00 per annum nor an aggregate of more than $17,600,000.00 over the life of the contract;
(B) To create a revolving fund for the funding of the contracts authorized in subparagraph (A) or in anticipation of such contracts. Any funds paid into such fund by the authority shall be subject to the limitation provided in subparagraph (A) of this paragraph and funds deposited therein shall be utilized solely for the pur poses authorized by said subparagraph (A). Any funds received by the authority from any contract authorized in said subparagraph (A) not required to be utilized in the performance of such contract or contracts shall be deposited into such re volving fund so as to maintain the availability of funds for additional or new con tracts of the same type or nature. Funds recovered from any such project and de posited into the revolving fund shall not be counted for the limitation purposes provided in said subparagraph (A);
(C) No contract authorized by this paragraph (19.1) shall extend for a period longer than 50 years;
(D) No contract will be entered into pursuant to the authority of this paragraph (19.1) which would impair the payment of any obligations on revenue bonds is sued by or on behalf of the authority;
(E) To pledge the payment of any funds authorized by this paragraph (19.1) to be used for any of the purposes set forth in this paragraph (19.1) to the repayment of any revenue bonds issued by the authority, the City of Macon, Bibb County, or

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the Development Authority of Bibb County for the purpose of raising funds to carry out the provisions of any contract or contracts entered into under the au thority of this paragraph (19.1); and (F) To use reasonable amounts of the funds authorized in subparagraph (A) of this paragraph to obtain options on property or properties sought to be acquired for the purposes set out in that subparagraph;".
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substi tute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 127, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 691. By Representative Bulloch of the 180th:
A bill to amend an Act creating a board of commissioners for the County of Thomas, so as to change the compensation of the chairperson and other members of the board of commissioners of Thomas 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 127, nays 4.
The Bill, having received the requisite constitutional majority, was passed. HB 692. By Representative Bulloch of the 180th:
A bill to create the Thomas County Emergency Services 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 127, nays 4.
The Bill, having received the requisite constitutional majority, was passed. HB 693. By Representatives Hammontree of the 4th and Mann of the 5th:
A bill to amend an Act providing a new charter for the City of Varnell, so as to change the corporate boundaries of such city; to change provisions relating to time of election, taking of office, and terms of office for the mayor and councilmembers; to create a Community Service Department.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 127, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 23, 1999

767

HB 697. By Representative Twiggs of the 8th:
A bill to amend an Act providing that the judge of the Prohate Court of Union County shall serve as chief magistrate of the Magistrate Court of Union County, so as to provide for the partisan election of the chief magis trate of Union County on and after a certain date; to provide that the judge of the Probate Court of Union County shall not serve as chief magistrate on or 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 127, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
Representative Graves of the 125th would like to be recorded as voting "aye" on the above Local Bills.
The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 128. By Senator Madden of the 47th:
A bill to amend Article 15 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to acquisitions and dispositions of hospitals, so as to change the provisions relating to definitions; to provide for an effective date.
SB 150. By Senators Thompson of the 33rd, Starr of the 44th and Bowen of the 13th:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners' death investigations, so as to change procedures relating to medical examiner's and coroner's reports; to provide for filing such reports with the Division of Forensic Services; to provide for maintenance of such reports, analysis of specimens, samples, or other evi dence, and to provide for a completed crime lab report for the appropriate prosecuting attorney.
HB 437. By Representative Royal of the 164th:
A bill to amend an Act providing a new charter for the City of Pelham, so as to change certain provisions regarding the election districts of members of the city council and members of the Board of Education of the City of Pelham Public School System;.
HB 606. By Representatives McClinton of the 68th, Mobley of the 69th and Stuckey of the 67th:
A bill to amend an Act creating a new charter for the City of Decatur, in DeKalb County, so as to enhance the powers, duties, and rights of the Board of Education of the City of Decatur so as to reconstitute the board of educa tion to contract for short-term debt.
The Senate has passed, by substitute, by the requisite constitutional majority the follow ing bills of the House:

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JOURNAL OF THE HOUSE

HB 199. By Representative Floyd of the 138th:
A bill to amend an Act providing for the minimum compensation for certain county officers of Pulaski County, so as to change the officials to which such Act is applicable.
HB 200. By Representative Ployd of the 138th:
A bill to repeal and Act creating the office of Commissioner of Pulaski County; to provide for a contingent effective date.
HB 201. By Representative Floyd of the 138th:
A bill to repeal and Act providing for a new charter for the City of Hawkinsville; to provide for a contingent effective date.
The Senate has adopted by the requisite constitutional majority, the following resolution of the House:

HR 347. By Representatives Connell of the 115th, Williams of the 114th, Howard of the 118th, Anderson of the 116th and DeLoach of the 119th:
A resolution commending the Augusta-Richmond County Human Relations Commission and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and re ferred to the committees:
SB 128. By Senator Madden of the 47th:
A bill to amend Article 15 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to acquisitions and dispositions of hospitals, so as to change the provisions relating to definitions; to provide for an effective date.
Referred to the Committee on Health & Ecology.
SB 150. By Senators Thompson of the 33rd, Starr of the 44th and Bowen of the 13th:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners' death investigations, so as to change procedures relating to medical examiner's and coroner's reports; to provide for filing such reports with the Division of Forensic Services; to pro vide for maintenance of such reports, analysis of specimens, samples, or other evidence, and to provide for a completed crime lab report for the ap propriate prosecuting attorney.
Referred to the Committee on Health & Ecology.

Representative Snelling of the 99th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:
HB 442. By Representatives Powell of the 23rd 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 motor vehicle drivers' licenses, so as to change certain provisions relating to revocation of licenses of persons under age 21 for certain offenses and issu ance of new license following revocation.
On the motion, the roll call was ordered and the vote was as follows:

Alien Anderson Ashe Bailey Bannister Barnard Barnes Benefield Y Birdsong Y Bohannon Bordeaux Borders Bridges Brooks Brown Buck
Buckner Bulloch Bunn Burkhalter Byrd Callaway Campbell Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell Cooper Cox N Crawford Y Cummings Y Davis, M

TUESDAY, FEBRUARY 23, 1999

N Davis, T Y Day N Dean
DeLoach, B Y DeLoach, G N Dix N Dixon N Dodson Y Dukes N Ehrhart Y Epps
Evans Y Everett Y Felton
Ployd N Franklin Y Golick N Graves N Greene
Y Grindley
Y Hammontree N Hanner N Harbin N Harrell Y Heard N Heckstall Y Hegstrom Y Hembree N Henson Y Holland Y Holmes Y Houston N Howard Y Hudgens N Hudson, H
N Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L N James N Jamieson Y Jenkins Y Jennings Y Jones N Joyce Y Kaye N Lane Y Lewis
N Lord N Lucas Y Maddox N Mann N Manning N Martin, J
Y Martin, J.L
Y Massey Y McBee N McCall Y McClinton N McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley Y Mueller Y OTSTeal
Orrock
N Parham N Parrish N Parsons

Y Pelote Y Pinholster
Poag N Ponder N Porter N Powell
Purcell Y Ragas N Randall N Ray N Reaves N Reece Y Reed Y Reese N Reichert Y Rice N Richardson N Roberts Y Rogers
Royal Y Sanders N Sauder
Y Scarlett Y Scheid Y Scott N Shanahan N Shaw N Shipp Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B Y Smith, C Y Smith, C.W N Smith, L

769
N Smith, L.R Y Smith, P N Smith, T Y Smith, V Y Smyre Y Snelling N Snow Y Squires N Stallings Y Stancil N Stanley, P Y Stanley-Turner N Stephens
Stokes Y Stuckey Y Taylor N Teague Y Teper Y Tillman N Tolbert Y Trense N Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson N West
Westmoreland Y Whitaker N Wiles Y Williams, J Y Williams, R Y Wix N Yates
Murphy, Spkr

On the motion, the ayes were 89, nays 73.

The motion prevailed.

Representative Turnquest of the 73rd arose to a point of personal privilege and ad dressed the House.

Under the general order of business, established by the Committee on Rules, the follow ing Bill of the House was taken up for consideration and read the third time:
HB 381. By Representatives McClinton of the 68th, McKinney of the 51st, Dean of the 48th, Martin of the 47th, Orrock of the 56th and others:
A bill to amend Chapter 88 of Title 36 of the Official Code of Georgia Anno tated, the "Enterprise Zone Employment Act of 1997," so as to provide that new residential construction and residential rehabilitation shall be qualified business enterprises for purposes of Chapter 36; to change the definition of business enterprise; to change certain provisions regarding ad valorem tax 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 roll call was ordered and the vote was as follows:

Alien Anderson Ashe Bailey

Y Bannister Y Barnard Y Barnes Y Benefield

Birdsong Bohannon Bordeaux Borders

Bridges
Brooks Brown Buck

Buckner Bulloch Bunn Burkhalter

770
Y Byrd Y Callaway
Campbell Y Cash
Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox
Crawford Y Cummings Y Davis, M Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix
Dixon Y Dodson Y Dukes Y Ehrhart Y Epps
Evans Y Everett Y Pelton
Floyd Y Franklin

JOURNAL OF THE HOUSE

Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard
Hudgens Y Hudson, H Y Hudson, N Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane

Y Lewis
Y Lord Y Lucas Y Maddox Y Mann Y Manning
Y Martin, J
Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
Y McKinney
Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y CTNeal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder
Porter Y Powell Y Purcell Y Ragas

Y Eandall
Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett
Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper
Smith, B 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 Squires
Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens
Stokes Y Stuckey Y Taylor Y Teague Y Teper
Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 164, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
Representative Hudgens of the 24th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 148. By Representatives Lane of the 146th, Martin of the 145th, Purcell of the
147th, Reaves of the 178th and Morris of the 155th: A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to create the Georgia Cotton Producers Indemnity Fund of 1999.
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 Cotton Producers Indemnity Fund of 1999; to provide for the pay ment of indemnity payments to compensate certain cotton producers in this state for losses incurred as a result of the loss of properly stored, harvested cotton as the result of the bankruptcy of a warehouseman, broker, or other party or parties in possession of such cotton or warehouse receipts evidencing title to such cotton, an improper conversion or transfer of such cotton, the issuance of bad checks in payment for such cotton, or other hazards or events as determined by the Commissioner of Agriculture; to provide for a statement of authority; to provide for definitions; to provide for powers and duties of the Commissioner and the department; to provide for the filing, investigation, and payment of claims; to provide for practices, procedures, and requirements relative to the

TUESDAY, FEBRUARY 23, 1999

771

fund, claims, and payments; to provide for appropriations; to provide for subrogation of rights; to prohibit the making of false claims; to provide for penalties; to provide for the repayment of funds to the United States and the general fund of the state treasury under certain circumstances; to provide for contingent repeal; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by adding at the end thereof a new Chapter 18 to read as follows:

2-18-1.

"CHAPTER 18

This chapter is enacted pursuant to the authority granted to the General Assembly by Article III, Section VI, Paragraph II(a)(3) of the Constitution of the State of Georgia and section 1121 of the federal Omnibus Consolidated and Emergency Supplemental Appropriations Act for Fiscal Year 1999, Public Law 105-277, and is for the purpose of creating an indemnity fund and making expenditures from such fund to indemnify cot ton producers in this state for losses incurred in 1998 or 1999 from the loss of certain properly stored, harvested cotton.
2-18-2.

As used in this chapter, the term:
(1) 'Commissioner' means the Commissioner of Agriculture of this state.
(2) 'Department' means the Department of Agriculture of this state.
(3) 'Eligible cotton producer' means a person, partnership, corporation, or other en tity that grew cotton in this state and that incurred a loss in 1998 or 1999 of such properly stored, harvested cotton as the result of the bankruptcy of one or more warehousemen, brokers, or other parties in possession of such cotton or warehouse receipts evidencing title to such cotton; an improper conversion or transfer of such cotton; the issuance of one or more bad checks in payment for such cotton; or other hazards or events as determined by the Commissioner.
(4) 'Federal act' means section 1121 of the federal Omnibus Consolidated and Emer gency Supplemental Appropriations Act for Fiscal Year 1999, Public Law 105-277.
(5) 'Secretary of agriculture' means the secretary of agriculture of the United States. 2-18-3.

(a) The Commissioner shall have the following powers and duties:
(1) To promulgate suitable rules and regulations to carry out the provisions and purposes of this chapter;
(2) To request from the Attorney General and any court, agency, or department such assistance and data as will enable the Commissioner to determine the losses of cotton producers for which indemnity payments are available pursuant to this chap ter and whether, and the extent to which, a claimant qualifies for such compensa tion. Any person, corporation, partnership, court, agency, or department is author ized to provide the Commissioner with the information requested upon receipt of a request from the Commissioner. Any provision of law providing for confidentiality of

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records does not apply to a request of the Commissioner pursuant to this Code sec tion; provided, however, that the Commissioner shall preserve the confidentiality of any such records received;
(3) To investigate each individual claim, utilizing, to the extent necessary, electronic warehouse receipt records, financial and banking records, market price records, and other records and documentation necessary to verify the claim;
(4) To reinvestigate or reopen denied claims for awards filed with the Commissioner pursuant to this chapter as the Commissioner deems necessary;
(5) To apply for funds from, and to submit all necessary forms and reports to, any federal agency participating in a cooperative program to compensate cotton produc ers who are eligible for indemnity payments pursuant to this chapter and to receive and administer federal funds for the purposes of this chapter;
(6) To make indemnity payments to eligible cotton producers in the manner author ized by this chapter. Indemnity payments shall be made directly to eligible cotton producers;
(7) To carry out programs designed to inform affected cotton producers of the pur poses and requirements of this chapter and the indemnity program created pursu ant to this chapter; and
(8) To make a report to the secretary of agriculture, Congress, the Governor, and the General Assembly on or before October 1, 1999, and a report upon concluding the affairs of the Georgia Cotton Producers Indemnity Fund of 1999 describing the state's efforts to use the indemnity fund to provide compensation to injured cotton producers.
(b) The Commissioner and the department shall assist applicants with their claims for indemnity payments through educational programs and administrative assistance.
(c) Neither rule making nor any proceeding or hearing under the program authorized by this chapter shall be subject in any way to Chapter 13 of Title 50, the 'Georgia Ad ministrative Procedure Act.' 2-18-4.

(a) A claim may be filed by an eligible cotton producer, as defined in Code Section 218-2. In any case in which the person entitled to make a claim is mentally incompe tent or is deceased, the claim may be filed on his or her behalf by his or her guardian, executor, or such other individual as is authorized to administer his or her estate.
(b) A claim must be filed by the claimant not later than July 1, 1999; provided, how ever, that, upon good cause shown, the Commissioner may extend the time for filing for a period not exceeding two months after such date. Claims shall be filed in the of fice of the Commissioner in person or by mail. The department shall provide forms for use in filing claims.
(c) The claim shall be verified and shall contain the following:
(1) The name, address, and telephone number of the claimant;
(2) A description of the amount, nature, and circumstances of the loss;

TUESDAY, FEBRUARY 23, 1999

773

(3) A statement of the extent to which the cotton producer has been or may reason ably be expected to be indemnified or reimbursed for these losses from any other source, including the proceeds of any distribution by a trustee in bankruptcy;

(4) An authorization permitting the Commissioner to verify the contents of the ap plication; and

(5) Such other information as the Commissioner may require. 2-18-5.

(a) There is created a fund to be known as the Georgia Cotton Producers Indemnity Fund of 1999. The Commissioner shall be the custodian of the fund, shall administer the fund, and may invest the resources of the fund in the same manner and fashion that an insurer authorized to issue contracts of life insurance is authorized to invest its resources.
(b) The fund shall consist of $5 million of federal moneys received pursuant to section 1121 of the federal Omnibus Consolidated and Emergency Supplemental Appropria tions Act for Fiscal Year 1999, Public Law 105-277; all moneys appropriated by the General Assembly as required by section 1121 of the federal Omnibus Consolidated and Emergency Supplemental Appropriations Act for Fiscal Year 1999, Public Law 105-277, for the purpose of compensating claimants under this chapter; any other moneys made available to the fund; and any interest or earnings on such moneys ac cruing to the fund.

(c) All funds appropriated to or otherwise paid into the fund shall be presumptively concluded to have been committed to the purpose for which they have been appropri ated or paid and shall not lapse.
(d) The Commissioner is authorized, subject to the limitations contained in this chap ter, to disburse the appropriate indemnity payments to the persons eligible for such payments under this chapter from the Georgia Cotton Producers Indemnity Fund of 1999.
(e) Following the receipt of all claims, the investigation of each claim, as necessary, and the making of a determination that an award should or should not be paid for each claim filed, the Commissioner is authorized to draw warrants upon the Georgia Cotton Producers Indemnity Fund of 1999 to pay the indemnity amounts granted to eligible recipients from such fund. If the total amount of all claims approved for pay ment exceeds the total amount available in the fund for such payments, a pro rata payment shall be made to each approved claimant in the proportion that such claim ant's approved claim amount bears to the total of all approved claims.
(f) All amounts in the Georgia Cotton Producers Indemnity Fund of 1999 shall be paid out no later than January 1, 2000. If more than $5 million has been paid to cotton producers prior to such date and the total amount of eligible claims is less than $10 million, any excess funds in the Georgia Cotton Producers Indemnity Fund of 1999 shall be paid to the general fund of the state treasury. If less than $5 million has been paid to cotton producers, the difference between the total amount paid to cotton pro ducers and $5 million shall be returned to the secretary of agriculture of the United States and any amounts remaining above such $5 million shall be paid to the general fund of the state treasury.
2-18-6.

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Acceptance of an indemnity payment made pursuant to this chapter shall subrogate the state, to the extent of such indemnity payment, to any right or right of action ac cruing to the claimant to recover payments on account of losses resulting from the loss of the cotton or proceeds from the sale of the cotton with respect to which the indem nity payment is made. Acceptance of an indemnity payment made pursuant to this chapter shall constitute an agreement on the part of the recipient to repay to the Commissioner for deposit into the general fund of the state treasury any and all amounts, except those amounts in excess of any indemnity payment, recovered by the claimant in any bankruptcy proceeding, other civil action, or in any other way arising from the loss of cotton or the loss of proceeds from the sale of cotton for which an in demnity payment has been made pursuant to this chapter. The requirements of this Code section shall be included in and made a condition of any claim filed pursuant to this chapter.
2-18-7.

Any person who asserts a false claim under the provisions of this chapter shall be guilty of a violation of Code Section 16-10-20 and, upon conviction, shall be punished as provided in such Code section. Upon conviction thereof, such person shall further forfeit any benefit received pursuant to this chapter and shall reimburse and repay the state for payments received or paid on his or her behalf pursuant to any of the provisions of this chapter.
2-18-8.

No indemnity payments shall be paid pursuant to this chapter unless the General As sembly appropriates not less than $5 million of state funds to the Georgia Cotton Pro ducers Indemnity Fund of 1999, and such appropriated state funds become available to the fund on or before July 1, 1999, for the purpose of making indemnity payments. This chapter shall be repealed on July 1, 1999, if the General Assembly has not appro priated $5 million or more of state funds on or before such date to match the $5 mil lion in federal funds made available for the purpose of making indemnity payments pursuant to the federal act. If this chapter is repealed pursuant to the provisions of this Code section, all moneys received from the United States pursuant to the federal act shall be repaid to the secretary of agriculture as provided in the federal act. If this chapter is repealed as provided in this Code section, the Commissioner and the de partment shall be authorized to assist the secretary of agriculture in determining eli gibility of Georgia cotton producers for indemnity payments by the secretary."

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 Lane of the 146th moved that the House agree to the Senate substitute to HB 148.

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

Alien Y Anderson Y Ashe Y Bailey Y Bannister
Barnard Y Barnes Y Benefield

Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck

Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd N Callaway Y Campbell Y Cash

Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper

Y Cox Crawford
Y Cummings N Davis, M Y Davis, T Y Day Y Dean Y DeLoach, B

Y DeLoach, G Y Dix Y Dixon Y Dodson
Y Dukes Ehrhart
Epps N Evans Y Everett Y Felton
Floyd N Franklin Y Golick Y Graves Y Greene
Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Houston

TUESDAY, FEBRUARY 23, 1999

Howard Y Hudgens Y Hudson, H
Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Maddox Y Mann Y Manning
Y Martin, J
Y Martin, J.L
Y Massey
Y McBee Y McCall Y McClinton

Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
Mueller
O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Handall
Ray Y Reaves Y Reece Y Reed Y Reese 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 Shipp Y Sholar Y Sims Y Sinkfield Y Skipper
Smith, B Y Smith, C N Smith, C.W Y Smith, L Y Smith, L.R
Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires

775
Stallings Stancil Stanley, P Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper Tillman Tolbert Trense Turnquest Twiggs Unterman Walker, L Walker, R.L Watson West Westmoreland Whitaker Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

On the motion, the ayes were 149, nays 6.
The motion prevailed.
Representative Houston of the 166th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 302. By Representatives Childers of the 13th, Smith of the 12th and Reece of the llth: A resolution Recognizing the Darlington Upper School Tigers Cross Country Teams and inviting them to appear before the House of Representatives.
HR 326. By Representatives Burkhalter of the 41st, Ehrhart of the 36th and Camp bell of the 42nd: A resolution commending Johnny Isakson and inviting him to appear before the House of Representatives.
HR 327. By Representatives Bailey of the 93rd, Birdsong of the 123rd, Murphy of the 18th, Barnes of the 97th, Benefield of the 96th and others:
A resolution honoring Mr. James Hugh Lindsey and inviting him to appear before the House of Representatives.
Under the general order of business, established by the Committee on Rules, the follow ing Bills and Resolutions of the House were taken up for consideration and read the third time: HB 541. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of
the 147th: A bill to amend Code Section 2-8-54 of the Official Code of Georgia Anno tated, relating to the powers and authority of the Agricultural Commodity

776

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Commission for Peanuts, so as to specifically authorize the commission to ac quire, lease as lessee, purchase, hold, own, and use any franchise or real or personal property, whether tangible or intangible, or any 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 Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders
Y Bridges Y Brooks Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channel! Y Childers Y Clark
Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson
Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Ployd
Franklin Y Golick Y Graves Y Greene
Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston
Howard
Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Jones Y Joyce E Kaye Y Lane Y Lewis Y Lord Y Lucas
Maddox
Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y OTJeal Y Orrock
Parham Y Parrish Y Parsons

Pelote Y Pinholster Y Poag
Y Ponder
Y Porter
Y Powell
Y Purcell
Y Ragas Y Kandall
Ray Y Reaves Y Reece Y Reed Y Reese 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 Shipp Y Sholar
Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey
Y Taylor
Teague
Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West
Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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. HB 525. By Representative Lucas of the 124th:
A bill to amend Code Section 36-82-62 of the Official Code of Georgia Anno tated, relating to powers regarding undertakings and revenue bonds, so as to provide for a limitation on certain extraterritorial undertakings.
The following Committee substitute was read: A BILL
To amend Code Section 36-1-16 of the Official Code of Georgia Annotated, relating to transporting waste across county lines, and Code Section 36-82-62 of the Official Code of Georgia Annotated, relating to powers regarding undertakings and revenue bonds, so as

TUESDAY, FEBRUARY 23, 1999

777

to provide for additional limitations on certain extraterritorial undertakings and trans portation of waste; 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 36-1-16 of the Official Code of Georgia Annotated, relating to transporting waste across county lines, is amended by striking subsection (a) thereof and inserting in its place the following:
"(a) No person, firm, corporation, or employee of any municipality, county, or author ity shall transport, pursuant to a contract, whether oral or otherwise, garbage, trash, waste, or refuse across state or county boundaries for the purpose of dumping the same at a publicly or privately owned dump, unless permission is first obtained from the governing authority of the county in which the dump is located and from the gov erning authority of the county in which the garbage, trash, waste, or refuse is collected."
SECTION 2. Code Section 36-82-62 of the Official Code of Georgia Annotated, relating to powers re garding undertakings and revenue bonds, is amended by striking paragraph (1) of sub section (a) thereof and inserting in its place the following:
"(1) To acquire, by gift, purchase, or the exercise of the right of eminent domain, and to construct, to reconstruct, to improve, to better, and to extend any undertak ing wholly within or wholly outside the governmental body or partially within and partially outside the governmental body; and to acquire, by gift, purchase, or the ex ercise of the right of eminent domain, lands, easements, rights in lands, and water rights in connection therewith; provided, however, that the power granted by this paragraph shall not include the power to acquire by eminent domain for purposes of a landfill or other solid waste facility outside the governmental body;".
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Lucas of the 124th moves to amend the Committee substitute to HB 525 as follows:
By striking on page 1 line 17 the words county or authority.
The following amendment was read:
Representatives Jenkins of the 110th, Porter of the 143rd and Ray of the 128th move to amend the Committee substitute to HB 525 by inserting between "therewith;" and "pro vided," on line 7 of page 2 the following:
"but only upon the adoption of a resolution consenting to such action by the governing authority of the county in which the land subject to such eminent domain is located;".

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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 N Anderson N Ashe
Bailey
N Bannister
y Barnard
N Barnes N Benefield N Birdsong N Bohannon N Bordeaux N Borders
Y Bridges N Brooks
y Brown
N Buck N Buckner N Bulloch N Bunn
N Burkhalter N Byrd Y Callaway
N Campbell Y Cash N Channell N Childers Y Clark Y Coan N Coleman, B
Coleman, T N Connell N Cooper Y Cox Y Crawford N Cummings N Davis, M

N Davis, T Y Day N Dean Y DeLoach, B N DeLoach, G N Dix N Dixon N Dodson N Dukes N Ehrhart N Epps N Evans N Everett N Felton N Floyd Y Franklin N Golick N Graves N Greene N Grindley N Hammontree
Hanner N Harbin N Harrell N Heard N Heckstall N Hegstrom Y Hembree N Henson Y Holland N Holmes N Houston N Howard N Hudgens N Hudson, H N Hudson, N

N Hugley N Irvin
Y Jackson, B Y Jackson, L
N James
N Jamieson Y Jenkins N Jennings
N Jones
y Joyce
E Kaye N Lane N Lewis N Lord N Lucas N Maddox N Mann
N Manning N Martin, J N Martin, J.L N Massey
N McBee N McCall
N McClinton McKinney
N Millar Y Mills Y Mobley N Morris N Mosley Y Mueller Y CWea! N Orrock
Parham N Parrish N Parsons

N Pelote Y Pinholster Y Poag N Ponder Y Porter N Powell N Purcell N Ragas N Randall
Y Ray
N Reaves N Reece N Reed N Reese N Reichert Y Rice N Richardson N Roberts N Rogers N Royal Y Sanders N Sauder Y Scarlett N Scheid
Y Scott
N Shanahan N Shaw N Shipp N Sholar N Sims N Sinkfield N Skipper N Smith, B N Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R N Smith, P Y Smith, T Y Smith, V
N Smyre
Snelling
N Snow N Squires N Stallings
N Stancil N Stanley, P N Stanley-Turner N Stephens N Stokes N Stuckey N Taylor
Teague
Y Teper N Tillman N Tolbert N Trense
N Turnquest N Twiggs N Unterman N Walker, L N Walker, R.L N Watson N West
Westmoreland N Whitaker N Wiles N Williams, J N Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 37, nays 133.

The amendment was lost.

The Committee substitute, as amended, was adopted.

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

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

Y Alien
Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon
Bordeaux Y Borders Y Bridges N Brooks Y Brown

Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B
Coleman, T

Y Connell Y Cooper Y Cox Y Crawford Y Cummings
Y Davis, M Y Davis, T Y Day Y Dean Y DeLoach, B
DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes

Y Ehrhart Y Epps Y Evans Y Everett
Felton
Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Hanner Y Harbin N Harrell

Heard Y Heckstall
N Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston
Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley
Y Irvin Y Jackson, B

Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce E Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey
McBee Y McCall N McClinton

TUESDAY, FEBRUARY 23, 1999

779

Y McKinney Y Millar Y Mills N Mobley Y Morris Y Mosley Y Mueller Y O'Neal N Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall

Y Ray Y Reaves Y Reece N Reed Y Reese Y Reichert Y Rice Y Richardson N Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw
Shipp Y Sholar Y Sims

Y Sinkfield Y Skipper Y Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes N Stuckey

Y Taylor N Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West
Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 158, nays 11.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Representative Walker of the 141st assumed the Chair. HB 630. By Representatives Lucas of the 124th, Walker of the 141st, Murphy of the
18th, Smyre of the 136th, Buck of the 135th and others: A bill to amend Article 2 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to administrative space management, so as to require each state entity to submit an inventory of building space leased by such entity from a public or private entity to the Department of Administra tive Services.
The following Committee substitute was read:
A BILL
To amend Article 2 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to administrative space management, so as to require each state entity to sub mit an inventory of building space leased by such entity from a public or private entity to the Department of Administrative Services; to provide for submission of such inven tory to certain committees of the General Assembly; to provide for definitions; to provide for certain minimum provisions to be included in such inventory; to provide for other re lated matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to administrative space management, is amended by adding immediately following Code Section 50-5-36 two new Code sections to read as follows:
"50-5-36.1.
As used in this article, the term:
(1) 'Department' means the Department of Administrative Services.

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(2) 'Leased space' means building space utilized by a state entity for office, storage, or other purposes pursuant to an agreement with a public entity or private person, firm, or corporation.
(3) 'State' means the State of Georgia and any of its offices, agencies, authorities, departments, commissions, boards, divisions, instrumentalities, and institutions but does not include counties, municipalities, school districts, other units of local govern ment, hospital authorities, or housing and other local authorities.
(4) 'State entity' means any of the entities listed in paragraph (3) of this Code section. 50-5-36.2.
(a) Beginning July 1, 1999, each state entity shall compile information on all leased space under the custody or control of such state entity necessary for the compilation of an inventory of all state leased building space. On or before October 1, 1999, and as changes occur, but by no later than such date annually, each state entity shall send such information to the department. The department shall compile the information in an electronic format and produce a report to the chairperson of the State Institutions and Property Committee of the Georgia House of Representatives and to the chairper son of the Finance and Public Utilities Committee of the Georgia Senate.
(b) The inventory shall be accomplished by the completion of a form for all leased space under the custody or control of such state entity. The form shall be designed and promulgated by the department.
(c) The inventory required by subsection (a) of this Code section shall include, as a minimum, the following:
(1) The name of the building or another description identifying the building in which the space is leased;
(2) The location of the building in which the space is leased;
(3) The name of the building manager and the name of the owner of the property;
(4) The square footage of the building;
(5) The cost per square foot of the leased space;
(6) The nature of the use of the leased space at the time inventory is made; and
(7) Other information required by the department, the chairperson of the State In stitutions and Property Committee of the Georgia House of Representatives, or the chairperson of the Finance and Public Utilities Committee of the Georgia Senate."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative Mills of the 21st moves to amend the Committee substitute to HB 630 as follows: On page 2, line 13 after the word "Committee" insert "and all members of the General Assembly".

TUESDAY, FEBRUARY 23, 1999

781

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

N Alien N Anderson Y Ashe N Bailey Y Bannister Y Barnard N Barnes N Benefield
N Birdsong N Bohannon
N Bordeaux N Borders
Bridges N Brooks Y Brown
N Buck N Buckner
N Bulloch
Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Clark Y Coan Y Coleman, B
Coleman, T N Connell
Cooper N Cox N Crawford N Cummings Y Davis, M

Y Davis, T Y Day N Dean Y DeLoach, B Y DeLoach, G
Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans
Everett Y Felton N Floyd
Franklin N Golick
Graves N Greene Y Grindley Y Hammontree N Hanner Y Harbin N Harrell N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, H N Hudson, N

N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins N Jennings N Jones Y Joyce Y Kaye N Lane Y Lewis N Lord N Lucas N Maddox Y Mann Y Manning N Martin, J N Martin, J.L Y Massey N McBee Y McCall N McClinton
McKinney Y Millar Y Mills N Mobley N Morris Y Mosley Y Mueller N O-Neal N Orrock N Parham N Parrish N Parsons

N Pelote Y Pinholster N Poag Y Ponder N Porter N Powell N Purcell N Ragas N Randall N Ray
Reaves
N Reece N Reed Y Reese
N Reichert Y Rice Y Richardson N Roberts Y Rogers N Royal Y Sanders
Sauder
Y Scarlett Y Scheid Y Scott N Shanahan N Shaw N Shipp N Sholar N Sims Y Sinkfield N Skipper Y Smith, B N Smith, C Y Smith, C.W
Smith, L

Y Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stuffings Y Stancil N Stanley, P N Stanley-Turner Y Stephens Y Stokes N Stuckey N Taylor N Teague N Teper N Tillman Y Tolbert Y Trense N Turnquest N Twiggs N Unterman
Walker, L Y Walker, R.L N Watson N West
Westmoreland Y Whitaker Y Wiles Y Williams, J N Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 65, nays 101.

The amendment was lost.

Representative Stancil of the 16th moved that the House reconsider its action in failing to adopt the Mills amendment.

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

N Alien N Anderson N Ashe
Bailey Y Bannister Y Barnard Y Barnes N Benefield N Birdsong Y Bohannon Y Bordeaux N Borders
Bridges N Brooks Y Brown N Buck N Buckner N Bulloch Y Bunn

Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Clark Y Coan Y Coleman, B
Coleman, T N Connell Y Cooper N Cox N Crawford Y Cummings Y Davis, M Y Davis, T Y Day

N Dean
Y DeLoach, B Y DeLoach, G
Dix
N Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans
Everett Y Felton N Floyd Y Franklin N Golick
Graves N Greene Y Grindley Y Hammontree

N Hanner N Harbin N Harrell N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Y Irvin
Jackson, B N Jackson, L

N James N Jamieson N Jenkins N Jennings N Jones Y Joyce Y Kaye N Lane Y Lewis N Lord N Lucas N Maddox Y Mann Y Manning N Martin, J N Martin, J.L Y Massey N McBee
McCall

782
N McClinton N McKinney Y Millar Y Mills N Mobley N Morris Y Mosley Y Mueller N OTSIeal N Orrock N Parham N Parrish N Parsons N Pelote Y Pinholster N Poag Y Ponder

JOURNAL OF THE HOUSE

N Porter N Powell N Purcell N Ragas N Randall N Ray N Reaves N Reece N Reed Y Reese N Reichert N Rice Y Richardson
N Roberts
Y Rogers N Royal Y Sanders

Sauder
Y Scarlett Y Scheid Y Scott N Shanahan
Y Shaw
N Shipp N Sholar N Sims N Sinkfield N Skipper Y Smith, B Y Smith, C Y Smith, C.W N Smith, L Y Smith, L.R N Smith, P

N Smith, T
Y Smith, V
N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley, P N Stanley-Turner Y Stephens Y Stokes N Stuckey N Taylor N Teague N Teper N Tillman

Y Tolbert N Trense
N Turnquest N Twiggs N Unterman
Walker, L Y Walker, R.L
N Watson N West
Westmorland
Y Whitaker Y Wiles Y Williams, J N Williams, R N Wix Y Yates N Murphy, Spkr

On the motion, the ayes were 66, nays 103.

The motion was lost.

The Committee substitute was adopted.

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

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

Y Alien Y Anderson Y Ashe
Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders
Bridges
Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B
Coleman, T
Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G
Dix
Y Dixon Y Dodson
Y Dukes
Y Ehrhart Y Epps
Y Evans Y Everett
Y Felton Y Floyd Y Franklin Y Golick Y Graves
Y Greene Y Grindley Y Hammontree Y Hanner
Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree
Y Henson Y Holland Y Holmes Y Houston Y Howard
Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee
McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese 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 Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West
Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

TUESDAY, FEBRUARY 23, 1999

783

On the passage of the Bill, by substitute, the ayes were 172, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
HR 154. By Representatives Sims of the 167th, Byrd of the 170th, Hudson of the 156th, Skipper of the 137th, Floyd of the 138th and others:
A resolution creating the Joint Manufactured Housing 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:

Alien Anderson Ashe Bailey Bannister Barnard Barnes Benefield
Birdsong Bohannon
Bordeaux Borders Bridges
Brooks Brown Buck Buckner Bulloch Bunn Burkhalter
Byrd Callaway Y Campbell Y Cash Channell Childers
Clark Coan Coleman, B Coleman, T Connell Cooper
Cox Crawford Cummings Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes
Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick
Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Irvin
Y Jackson, B
Y Jackson, L Y James Y Jamieson Y Jenkins
Y Jennings
Y Jones
Y Joyce
Y Kaye Y Lane Y Lewis Y Lord Y Lucas
Y Maddox
Y Mann Y Manning
Martin, J Y Martin, J.L Y Massey
Y McBee
McCall
Y McClinton Y McKinney Y Millar
Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock
Parham
Y Parrish Y Parsons

Pelote Pinholster Poag Ponder Porter Powell Purcell
Randall Ray Reaves Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L

Smith, L.R Smith, P Smith, T Smith, V Y Smyre Y Snelling Snow Squires Stallings Stancil Stanley, P Y Stanley-Turner Y Stephens Stokes Stuckey Taylor Y Teague Y Teper Tillman Tolbert Trense Y Turnquest Y Twiggs Unterman Walker, L Y Walker, R.L Y Watson Y West Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 166, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted. HB 506. By Representative Ashe of the 46th:
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 funding of foreign language instruction in primary, upper elementary, and middle grade programs.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

784
Y Alien Y Anderson Y Ashe
Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges
Y Brooks
Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

JOURNAL OF THE HOUSE

Y Davis, T
Y Day Dean
Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton
Floyd Y Franklin
Golick Y Graves Y Greene
Y Grindley
Y Hammontree
Y Manner Y Harbin Y Harrell
Y Heard Y Heckstall
Y Hegstrom
Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley
Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning
Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar
Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish
Y Parsons

Y Pelote Y Pinholster Y Poag
Y Ponder
Y Porter
Y Powell
Y Purcell Y Ragas
Y Randall Y Ray Y Reaves
Y Reece
Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert
Y Trense
Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West
Westmoreland
Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 170, nays 1.

The Bill, having received the requisite constitutional majority, was passed.
HB 513. By Representatives Tolbert of the 25th, Shaw of the 176th, Golick of the 30th, Burkhalter of the 41st and Maddox of the 72nd:
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 report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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

Y Alien Y Anderson Y Ashe
Bailey Y Bannister Y Barnard Y Barnes
Y Benefield
Y Birdsong Y Bohannon Y Bordeaux
Y Borders Y Bridges Y Brooks Y Brown Y Buck

Y Buckner Y Bulloch
Y Bunn
Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T
Connell
Y Cooper

Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix
Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps
Evans

Y Everett
Y Felton
Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree

Y Henson
Y Holland
Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings

Y Jones Y Joyce
Y Kaye
Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning
Y Martin, J Y Martin, J.L Y Massey
Y McBee Y McCall Y McClinton Y McKinney
Millar Mills Y Mobley

TUESDAY, FEBRUARY 23, 1999

785

Y Morris Y Mosley Y Mueller Y OTSIeal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag
Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray
Reaves Y Reece

Y Reed Y Reese Y Reichert Y Rice Y Richardson
Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims
Sinkfield Y Skipper

Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor

Y Teague Y Teper Y Tillman Y Tolbert Y Trense
Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West
Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 169. By Representative Rogers of the 20th:
A resolution authorizing the conveyance of certain state owned real property located in Hall County.
The following Committee substitute was read and adopted:
A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Douglas County, Georgia; authorizing the conveyance of certain state owned real property located in Hall County, Georgia; authorizing the granting of nonexclusive easements for opera tion and maintenance of railroad crossings on, over, under, upon, across, or through state owned real property located in Cobb County, Georgia; authorizing the granting of nonexclusive easements for construction and maintenance of ingress and egress in, on, over, under, upon, across, or through state owned real property located in Fulton 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 Douglas County, Georgia;
(2) Said real properties are all those tracts or parcels of land lying and being in Land Lot 48 of the 1st District, 5th section of Douglas County identified as Tract "B" and Tract "D" containing a total of approximately 0.99 of one acre as shown on a plat of survey entitled "Timber Ridge Drive Relocation" prepared by Robert T. Arm strong Georgia Registered Land surveyor No. 1901 and dated November 21, 1997, 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 to the State Properties Commission for approval;
(3) Said property is or will be under the custody of the Department of Technical and Adult Education at its Douglas County Satellite Center of Carroll Technical Institute;

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JOURNAL OF THE HOUSE

(4) Douglas County is realigning a portion of Timber Ridge Drive along a portion of the road frontage of the Douglas County Satellite Center;
(5) Said realignment will require the conveyance to Douglas County of approxi mately 0.81 of one acre of State property at the Douglas County Satellite Center which is identified as the above-described Parcel "B";
(6) Douglas County has agreed to convey half of the original Timber Ridge Drive right of way, which adjoins State owned property containing approximately 0.18 of "oDne"; acre to the State of Georgia which is identified as the above-described Parcel

(7) Said realignment will separate approximately 0.19 of one acre of State property from the Campus of the Douglas County Satellite Center; and WHEREAS:
(1) The State of Georgia is the owner of a certain parcel of real property located in Hall County, Georgia;
(2) Said real property is all that tract or parcel of land lying and being in the City of Gainesville, Hall County, and containing approximately 4.1 acres as shown on a plat of survey prepared by Parley, Collins and Associates, dated July 30, 1965, 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 sur veyor and presented to the State Properties Commission for approval;
(3) Said property is under the custody of the Department of Juvenile Justice and is the location of the Hall County Regional Youth Development Center;
(4) The Department of Juvenile Justice intends to relocate its activities in Hall County to a new location and, once the department has vacated the above-described property, it intends to declare the property surplus to its needs;
(5) Hall County has agreed to convey to the state the property for the above-men tioned new location for a consideration of $1.00;
(6) Hall County is desirous of acquiring the above-described state owned real prop erty for the purpose of constructing housing for a female work release program to be administered by the Hall County Sheriffs Department;
(7) The Hospital Authority of Hall County and the City of Gainesville, Georgia, con veyed the above-described property to the state on May 19, 1966, for the considera tion of $1.00 and the authority has no objection to the above-described state owned real property being conveyed to Hall County; and WHEREAS:
(1) The State of Georgia is the owner of certain real property located in Cobb County, Georgia;
(2) Said real property is all that tract or parcel lying and being in Land Lot 33 of Cobb County, Georgia, and is more particularly described as follows:
"That portion and that portion only as shown in yellow on Cobb County Depart ment of Transportation right of way plans prepared by ICF Kaiser Engineers Group and on file in the offices of the State Properties Commission",

TUESDAY, FEBRUARY 23, 1999

787

and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval;
(3) Cobb County desires to operate and maintain railroad crossings in, on, over, under, upon, across, or through a portion of said property;
(4) These railroad crossings in, on, over, under, upon, across, or through the abovedescribed state property have been requested of and approved by the State Proper ties Commission with respect to property under the jurisdiction of the commission; and WHEREAS:
(1) The State of Georgia is the owner of certain real property located in Fulton County, Georgia;
(2) Said real property is all that tract or parcel lying and being in Land Lot 89 of the 14th District of Fulton County, Georgia, and is more particularly described as follows:
"That portion and that portion only as shown marked in yellow on a plat of sur vey entitled Access Easement dated October 8, 1998 and prepared by V. T. Hammond, and on file in the offices of the State Properties Commission",
and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval;
(3) The Board of Regents of the University System of Georgia desires to construct and maintain ingress and egress, in, on, over, under, upon, across, or through a por tion of said property;
(4) This ingress and egress in, on, over, under, upon, across, or through the abovedescribed state property has been requested of and approved by the State Proper ties Commission and Department of Technical and Adult Education, with respect to property under the jurisdiction of their respective agencies.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEM BLY OF GEORGIA:
ARTICLE I
SECTION 1. That the State of Georgia is the owner of the above-described real properties located in Douglas County 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.
SECTION 2. That the above-described real property identified as Parcel "B" may be conveyed by ap propriate instrument to Douglas County 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.

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JOURNAL OF THE HOUSE

SECTION 3.
That all or a portion of the above-described real property in Douglas County identified as Parcel "D" and the above-described real property separated from the main campus of the Douglas County Satellite Center of Carroll Technical Institute may be sold by com petitive bid for a consideration of the fair market value of such property as determined to be in the best interests of the State of Georgia by the State Properties Commission or may be exchanged for property or properties of an equal value as determined to be in the best interests of the State of Georgia as determined by the State Properties Commis sion; provided, however, that all or a portion of the above-described real property may be sold to a city, county, school board, or other public entity, which shall include develop ment authorities, for not less than the fair market value without the necessity of com petitive bid, and such further consideration and provisions as the State Properties Com mission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 4.
That the authorization in this resolution to convey the above-described properties 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 deeds of conveyance shall be recorded by the grantee in the Superior Court of Douglas 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 Hall 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 Hall County may be conveyed by ap propriate instrument to the Hall County Board of Commissioners by the State of Geor gia, acting by and through the State Properties Commission, after the Department of Ju venile Justice declares the property surplus to its needs and vacates the site for the consideration of $10.00 so long as the property is used for public purposes and such fur ther consideration and provisions as the State Properties Commission shall in its discre tion determine to be in the best interests of the State of Georgia.
SECTION 9.
That the above-described property shall be used solely for the purpose of housing a fe male work release program to be administered by the Hall County Sheriffs Department.
SECTION 10.
That the authorization in this resolution to convey the above-described property to the Hall County Board of Commissioners shall expire three years after the date that this resolution becomes effective.

TUESDAY, FEBRUARY 23, 1999

789

SECTION 11.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 12.
That the deed of conveyance shall be recorded by the grantee in the Superior Court of Hall 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 hereinafter described real property in Cobb County and that the property is in the custody of the State Properties Commission, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 14.
That the State of Georgia, acting by and through its State Properties Commission, may grant to Cobb County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a railroad crossing in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a railroad crossing together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes; provided, however, that the State of Georgia's lessee to the above-described property, CSX Transportation Inc., shall first approve of the granting of the easement prior to its conveyance.
SECTION 15.
That the above-described premises shall be used solely for the purpose of planning, con structing, erecting, installing, maintaining, repairing, replacing, inspecting, and operat ing said railroad crossing.
SECTION 16.
That Cobb County shall have the right to remove or cause to be removed from said ease ment area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said railroad crossing.
SECTION 17.
That, after Cobb County has put into use the railroad crossing for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Cobb County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leav ing the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.
SECTION 18.
That no title shall be conveyed to Cobb County and, except as herein specifically granted to Cobb County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Cobb County.

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SECTION 19.
That if the State of Georgia, acting by and through its State Properties Commission, de termines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facili ties across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and Cobb County shall remove or relocate its facilities to the alternate ease ment area at its sole cost and expense, unless the State Properties Commission deter mines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such ac tual cost and expense, not to exceed by 20 percent the amount of a written estimate pro vided by Cobb County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties request ing such removal and at no cost and expense to the State of Georgia.
SECTION 20.
That the easement granted to Cobb County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best in terests of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description uti lized by the State Properties Commission describes the same easement area herein granted.
SECTION 21.
That the consideration for such easement shall be for the fair market value but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.
SECTION 22.
That this grant of easement 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.
SECTION 23.
That the authorization in this resolution to grant the above-described easement to Cobb County shall expire three years after the date that this resolution becomes effective.
SECTION 24.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE IV
SECTION 25.
That the State of Georgia is the owner of the hereinafter described real property in Fulton County and that the property is in the custody of the Georgia Department of Technical and Adult Education, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.

TUESDAY, FEBRUARY 23, 1999

791

SECTION 26.
That the State of Georgia, acting by and through its State Properties Commission, may grant to the Board of Regents of the University system of Georgia, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of in gress and egress in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspect ing, and operating ingress and egress together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes.
SECTION 27.
That the above-described premises shall be used solely for the purpose of planning, con structing, erecting, installing, maintaining, repairing, replacing, inspecting, and operat ing said ingress and egress.
SECTION 28.
That the Board of Regents of the University System of Georgia shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said ingress and egress.
SECTION 29.
That, after the Board of Regents of the University System of Georgia has put into use the ingress and egress for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and as signs, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the board of regents, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 30.
That no title shall be conveyed to the Board of Regents of the University System of Georgia, and, except as herein specifically granted to the board of regents, all rights, ti tle, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the board of regents.
SECTION 31.
That if the State of Georgia, acting by and through its State Properties Commission, de termines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facili ties across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and the Board of Regents of the University System of Georgia shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the board of regents. Upon written re quest, the State Properties Commission, in its sole discretion, may permit the relocation

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of the facilities to an alternate site on state owned land so long as the removal and relo cation is paid by the party or parties requesting such removal and at no cost and ex pense to the State of Georgia.

SECTION 32.
That the easement granted to the Board of Regents of the University System of Georgia shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 33.
That the consideration for such easement shall be for $10.00 and such further considera tion and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.

SECTION 34.
That this grant of easement 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.

SECTION 35.
That the authorization in this resolution to grant the above-described easement to the Board of Regents of the University System of Georgia shall expire three years after the date that this resolution becomes effective.

SECTION 36.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE V

SECTION 37. All laws and parts of laws in conflict with this Resolution are repealed.

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

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

Y Alien Y Anderson Y Ashe
Bailey Y Bannister
Y Barnard Y Barnes
Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck

Buckner
Bulloch
Bunn
Burkhalter Byrd
Callaway Campbell Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell
Cooper

Cox
Crawford Cummings Davis, M Davis, T
Day Dean DeLoach, B DeLoach, G Dix Dixon
Dodson Dukes Ehrhart Epps
Evans

Y Everett Y Felton
Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom
Y Hembree

Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens
Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings

Y Jones Y Joyce E Kaye Y Lane 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 Millar Mills
Y Mobley

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793

Y Morris Y Mosley Y Mueller Y CWeal Y Orrock Y Parham Y Parrish
Y Parsons
Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece

Y Reed Y Reese
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 Shipp Y Sholar Y Sims
Sinkfield Y Skipper

Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner
Y Stephens Y Stokes Y Stuckey Y Taylor

Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West
Westmoreland
Y Whitaker Y Wiles Y Williams, J
Williams, R Y Wix Y Yates
Murphy, Spkr

On the adoption of the Resolution, by substitute, the ayes were 164, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
HR 215. By Representatives Smith of the 103rd, Stallings of the 100th, Epps of the 131st, West of the 101st, Brown of the 130th and others:
A resolution creating the Joint West Georgia River Protection Act 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 Anderson Y Ashe
Bailey
Y Bannister Y Barnard Y Barnes
Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channel!
Childers
Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon
Dodson Y Dukes Y Ehrhart Y Epps
Evans Y Everett Y Felton Y Floyd N Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree

Y Henson
Y Holland
Y Holmes
Y Houston Y Howard Y Hudgens Y Hudson, H
Y Hudson, N
Y Hugley
Y Irvin Jackson, B
Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce
E Kaye Y Lane 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 Millar
Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese 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 Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor

794
Y Teague Y Teper Y Tillman Y Tolbert

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Y Trense Y Turnquest Y Twiggs Y Unterman

Walker, L Y Walker, R.L Y Watson Y West

Westmoreland Y Whitaker Y Wiles Y Williams, J

Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 164, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 524. By Representatives Royal of the 164th and Buck of the 135th:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of state in come taxes, so as to change certain provisions regarding tax credits for cer tain business enterprises.
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 state income taxes, so as to change cer tain provisions regarding tax credits for certain business enterprises; to provide for pow ers, duties, and responsibilities of the state revenue commissioner; to provide for an ef fective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of state income taxes, is amended by striking subsec tions (d) and (g) of Code Section 48-7-40, relating to tax credits for certain business en terprises, and inserting in their place new subsections (d) and (g), respectively, to read as follows:
"(d) For business enterprises which plan a significant expansion in their labor forces, the state revenue commissioner of community affairs shall prescribe redesignation procedures to ensure that the business enterprises can claim credits in future years without regard to whether or not a particular county is reclassified in a different tier."
"(g) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. The state revenue commissioner of community affairs shall determine whether or not qual ifying net increases or decreases have occurred and may require reports, promulgate regulations, and hold hearings as needed for substantiation and qualification."
SECTION 2.
Said article is further amended by striking subsections (d) and (g) of Code Section 48-740.1, relating to tax credits for certain business enterprises, and inserting in their place new subsections (d) and (g), respectively, to read as follows:
"(d) For business enterprises which plan a significant expansion in their labor forces, the state revenue commissioner of community affairs shall prescribe redesignation procedures to ensure that the business enterprises can claim credits in future years without regard to whether or not a particular area is removed from the list of less de veloped areas."

TUESDAY, FEBRUARY 23, 1999

795

"(g) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. The state revenue commissioner of community affaira shall determine whether or not qual ifying net increases or decreases have occurred and may require reports, promulgate regulations, and hold hearings as needed for substantiation and qualification."

SECTION 3. This Act shall become effective on January 1, 2000.

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 substi tute, was agreed to.

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

Y Alien Y Anderson Y Ashe
Bailey Y Bannister
Y Barnard Y Barnes
Benefield
Y Birdsong Y Bohannon Y Bordeaux
Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner
Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B
Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford
Y Cummings Y Davis, M

Y Davis, T Y Day
Dean
Y DeLoach, B Y DeLoach, G Y Dix Y Dixon
Dodson Y Dukes Y Ehrhart Y Epps
Evans Y Everett Y Felton
Floyd Y Franklin Y Golick Y Graves
Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin
Jackson, B
Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce E Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey
McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell
Ragas Y Randall Y Ray Y Reaves
Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott
Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P E Smith, T Y Smith, V
Y Smyre
Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West
Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Skipper of the 137th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed. The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia Wednesday, February 24, 1999

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

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

Alien Anderson Ashe
Bannister Barnard Barnes Benefield Birdsong Bohannon Borders Bridges Brooks Brown Buck Bulloch Burkhalter Byrd Callaway Campbell Channell Childers Clark Coleman, B Connell Cox Crawford Davis, M

Davis, T Dean DeLoach, B DeLoach, G Dix Dixon Dodson Dukes
Evans Everett Felton Floyd Franklin Golick Greene
Grindley Hammontree
Harbin Harrell Heard Hembree E Henson Holland
Howard Hudgens Hudson, N Hugley

Irvin Jackson, B Jackson, L James Jennings Joyce Kaye Lane Lewis Lord Mann Manning Martin, J Martin, J.L
McBee McCall McKinney Mills Mobley
Morris
Mosley Mueller OTSteal Parham Pelote

Pinholster Poag
Porter Powell Purcell Ray Reaves
Reese Rice Richardson Royal Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar
Sims
Skipper Smith, C Smith, C.W Smith, L Smith, L.R Smith, P

E Smith, T Smith, V Smyre Snelling Snow Squires Stallings Stancil Stephens Stokes Taylor Teper Tillman Tolbert Trense Turnquest
Unterman Watson West Westmoreland Wiles Williams, J Williams, R Wix Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Stanley of the 49th, Orrock of the 56th, Jones of the 71st, Epps of the 131st, Martin of the 145th, Sanders of the 107th, Stanley-Turner of the 50th, Sinkfield of the 57th, Coleman of the 142nd, Reichert of the 126th, Stuckey of the 67th, Millar of the 59th, Cash of the 108th, Reece of the llth, Cummings of the 27th, Ponder of the 160th, Graves of the 125th, Hudson of the 120th, Houston of the 166th, Jamieson of the 22nd, McClinton of the 68th, Ragas of the 64th, Roberts of the 162nd, Hegstrom of the 66th, Walker of the 87th, Bordeaux of the 151st, Yates of the 106th, Parrish of the 144th, Teague of the 58th, Maddox of the 72nd, Cooper of the 31st, Parsons of the 40th, Lucas of the 124th, Bunn of the 74th, Heckstall of the 55th and Smith of the 91st.
They wish to be recorded as present.
Prayer was offered by the Reverend J. Edwin Wix, Retired Pastor, Dallas, Georgia.
The members pledged allegiance to the flag.
Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

WEDNESDAY, FEBRUARY 24, 1999

797

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 759. By Representative Massey of the 86th:
A bill to amend an Act providing authority for members of the Board of Ed ucation of Barrow County, so as to provide for redistricting.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 760. By Representative Bridges of the 9th: A bill to provide a homestead exemption from City of Cornelia ad valorem taxes for city purposes in the amount of $5,000.00 of the assessed value of the homestead for each resident of the City of Cornelia; to provide a home stead exemption from City of Cornelia ad valorem taxes for city purposes in the amount of $10,000.00 of the assessed value of the homestead for each resident of the City of Cornelia who is 65 years of age or older.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 761. By Representatives Cummings of the 27th, Shanahan of the 10th and McBee of the 88th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that the board of directors of the Teachers Retirement System of Georgia may provide a survivors benefit for members, retired members, and former members.
Referred to the Committee on Retirement.
HB 762. By Representative Massey of the 86th: A bill to amend an Act re-creating and establishing a Board of Commission ers of Barrow County, so as to provide for redistricting.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 763. By Representatives Cummings of the 27th, Shanahan of the 10th, McBee of the 88th and Stallings of the 100th: A bill to amend Article 6 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, retirement allowances, disability benefits, and death benefits under the Georgia Firelighters' Pension Fund,

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so as to provide a retirement allowance for persons retired on or before a certain date.
Referred to the Committee on Retirement.

HB 764. By Representatives Cummings of the 27th, McBee of the 88th, Shanahan of the 10th and Kaye of the 37th:
A bill to amend Article 4 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia, so as to provide that a member who was previously a member of the Georgia Judicial Retirement System who becomes employed in a position covered by the Employees' Retirement System of Georgia may elect to remain a member of the Georgia Judicial Retirement System.
Referred to the Committee on Retirement.

HB 765. By Representatives Cummings of the 27th, McBee of the 88th and Shanahan of the 10th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that the board of directors of the Georgia Judicial Retirement System may provide a survivors benefit for members, retired members, and former members.
Referred to the Committee on Retirement.

HB 766. By Representatives McBee of the 88th, Hudgens of the 24th, Cummings of the 27th and Shanahan of the 10th:
A bill to amend Code Section 47-2-266 of the Official Code of Georgia Anno tated, relating to membership of judicial employees in the Employees' Re tirement System of Georgia, so as to provide that certain employees of judi cial circuits shall be members of such retirement system.
Referred to the Committee on Retirement.

HB 767. By Representative Mosley of the 171st:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Anno tated, relating to the Employees' Retirement System of Georgia, so as to provide that a member of such retirement system may obtain creditable ser vice for prior service as a temporary full-time employee.
Referred to the Committee on Retirement.

HB 768. By Representatives Sauder of the 29th, Wix of the 33rd, Parsons of the 40th, McKinney of the 51st, Ehrhart of the 36th and others:
A bill to amend an Act changing the compensation of the clerk of the supe rior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assis tant to the sheriff.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, FEBRUARY 24, 1999

799

HB 769. By Representatives Wiles of the 34th, Ehrhart of the 36th, Franklin of the 39th, Kaye of the 37th, Shipp of the 38th and others: A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, so as to provide for a change in the compen sation of the judges of the Juvenile Court of Cobb County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 770. By Representatives Jones of the 71st and Randall of the 127th: A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to repeal the "Georgia Occupational Regulation Review Law".
Referred to the Committee on Industry.
HB 771. By Representative Purcell of the 147th: A bill to create the Effingham Family Connection Commission.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 772. By Representatives Cummings of the 27th, Shanahan of the 10th, McBee of the 88th and Crawford of the 129th: A bill to amend Code Section 47-2-182 of the Official Code of Georgia Anno tated, relating to credit in the Employees' Retirement System of Georgia for service to certain members of local retirement systems, so as to provide that any member who was employed by a local or independent school system prior to July 1, 1979, may receive creditable service in the Employees' Re tirement System of Georgia.
Referred to the Committee on Retirement.
HB 773. By Representatives Parsons of the 40th, Shipp of the 38th, Wix of the 33rd and Manning of the 32nd: A bill to amend Article 12 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primary and election returns, so as to change provisions regarding the method of computing and certifying write-in votes.
Referred to the Committee on Governmental Affairs.
HB 774. By Representatives Parsons of the 40th, Shipp of the 38th, Wix of the 33rd and Manning of the 32nd: A bill to amend Part 1 of Article 11 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions governing the preparation for and conduct of primaries and elections, so as to change pro visions relating to the length of time voter's certificates and electors lists must be retained; to allow such records to be microfilmed or scanned and the originals destroyed.
Referred to the Committee on Governmental Affairs.
HB 775. By Representatives Parsons of the 40th, Shipp of the 38th, Wix of the 33rd and Manning of the 32nd: A bill to amend Code Section 21-2-382 of the Official Code of Georgia Anno tated, relating to additional sites as additional registrar's office or place of registration for absentee ballots, so as to provide that the board of regis trars may establish other government buildings generally accessible to the

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public as additional registrar's office or places of registration for the pur pose of receiving absentee ballots and for the purpose of voting absentee ballots.
Referred to the Committee on Governmental Affairs.
HB 776. By Representatives Parsons of the 40th, Shipp of the 38th, Wix of the 33rd and Manning of the 32nd: A bill to amend Article 7 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to precincts and polling places, so as to change the requirements relating to advertising the closing of polling places.
Referred to the Committee on Governmental Affairs.
HB 777. By Representatives Parsons of the 40th, Shipp of the 38th, Wix of the 33rd and Manning of the 32nd: A bill to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to require the de velopment of a method for providing voters who register at driver's license locations with a receipt or other proof showing they made application to reg ister to vote.
Referred to the Committee on Governmental Affairs.
HB 778. By Representatives Parsons of the 40th, Shipp of the 38th, Wix of the 33rd and Manning of the 32nd: A bill to amend Code Section 21-2-381 of the Official Code of Georgia Anno tated, relating to application and eligibility for absentee voting, so as to change provisions relating to when one application for an absentee ballot will require the mailing of subsequent ballots for related elections or runoffs.
Referred to the Committee on Governmental Affairs.
HB 779. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st: A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, relating to employment security, so as to enact the "Workforce Rein vestment Act of 1999"; to provide for a new employer rate of contributions; to repeal the drug-free workplace tax reduction; to extend certain sunset provisions.
Referred to the Committee on Industrial Relations.
HB 780. By Representatives Alien of the 117th, Anderson of the 116th, Howard of the 118th, DeLoach of the 119th, Connell of the 115th and others: A bill to amend an Act regulating public instruction for the County of Rich mond, so as to change the provisions for removing the superintendent of schools from office; to change the maximum term of the superintendent's contract and to change the qualifications for such office.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 781. By Representatives Alien of the 117th, Anderson of the 116th, Howard of the 118th, DeLoach of the 119th, Connell of the 115th and others: A bill to amend an Act regulating public instruction for the County of Rich mond, so as to change the provisions for filling vacancies on the board of ed-

WEDNESDAY, FEBRUARY 24, 1999

801

ucation of Richmond County and the manner of electing members of said board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 782. By Representatives Martin of the 47th, Walker of the 141st, Parrish of the 144th, Sholar of the 179th, Parham of the 122nd and others:
A bill to amend Part 1 of Article 7 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to the advertisement of judicial sales, so as to change the requirements for publication of notices of sales of prop erty by the sheriff, coroner, or other official of a county; to change the re quirements for establishment of the official organ of publication.
Referred to the Committee on Judiciary.

HB 783. By Representative Smith of the 91st:
A bill to amend an Act which relates to the election of the chairman and members of the Oconee County board of education, so as to provide for the compensation of the Oconee County board of education.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 785. By Representative Buckner of the 95th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings and parental rights, so as to provide for the format and contents of information presented to a juvenile court judge by representative of the court.
Referred to the Committee on Judiciary.

HB 786. By Representative Buckner of the 95th:
A bill to amend Code Section 15-11-4 of the Official Code of Georgia Anno tated, relating to the Council of Juvenile Court Judges, so as to provide for a policy and procedures manual for certain employees of the juvenile court.
Referred to the Committee on Judiciary.

HB 787. By Representatives Reichert of the 126th, Bohannon of the 139th, West of the 101st, DeLoach of the 119th and Watson of the 70th:
A bill to amend Code Section 43-9-16 of the Official Code of Georgia Anno tated, relating to the scope of practice of chiropractors, so as to authorize certain chiropractors to use acupuncture in the treatment of patients.
Referred to the Committee on Health & Ecology.

HB 788. By Representatives Rice of the 79th, Holland of the 157th, Randall of the 127th, Bannister of the 77th, Scott of the 165th 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 required life in surance policy provisions; to change certain provisions relating to standard provisions for annuity contracts.
Referred to the Committee on Insurance.

802

JOURNAL OF THE HOUSE

HB 789. By Representatives Cooper of the 31st, Ehrhart of the 36th, Franklin of the 39th, Wix of the 33rd, Grindley of the 35th and others:
A bill to amend an Act consolidating the offices of tax collector and tax re ceiver into the office of tax commissioner of Cobb County, so as to change the compensation of the chief clerk, executive secretary, and administrative specialist.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 790. By Representative Stuckey of the 67th: A bill to amend Code Section 23-3-65 of the Official Code of Georgia Anno tated, relating to notice in proceedings of quia timet before a special master, process, service by publication, filing of adverse pleadings, and appointment of a disinterested representative, so as to delete the requirement that a published notice shall be signed by the clerk of the court.
Referred to the Committee on Judiciary.
HB 791. By Representatives Stuckey of the 67th, Henson of the 65th and Teper of the 61st:
A bill to amend Chapter 3 of Title 19 of the Official Code of Georgia Anno tated, relating to marriage, so as to provide that mayors of municipalities may perform marriage ceremonies; to provide for the licensing of certain marriage ceremonies to be performed in foreign nations.
2/23/99
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 791. This notice is made prior to or upon read ing the bill the first time.

/s/ Stephanie Stuckey Representative 67th District
Referred to the Committee on Judiciary.
HB 792. By Representatives Wix of the 33rd and Ashe of the 46th: A bill to amend Code Section 10-1-32 of the Official Code of Georgia Anno tated, relating to requirements for retail installment contracts, so as to al low certain document fees to be charged in certain transactions involving trucks; to provide that such fees are not finance charges.
Referred to the Committee on Industry.
HB 793. By Representatives Parham of the 122nd and Yates of the 106th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to motor vehicle drivers' licenses, so as to change certain pro visions relating to persons not to be licensed, minimum ages for licensees, and school attendance requirements; to change certain provisions relating to revocation of licenses of persons under age 21 for certain offenses and issu ance of new license following revocation.
Referred to the Committee on Motor Vehicles.

WEDNESDAY, FEBRUARY 24, 1999

803

HB 794. By Representatives Maddox of the 72nd, Mobley of the 69th, Ragas of the 64th, Watson of the 70th, McClinton of the 68th and others:
A bill to amend an Act providing for the compensation of certain county of ficers and officials of DeKalb County, so as to change compensation of the sheriff.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 795. By Representatives Maddox of the 72nd, Mobley of the 69th, Ragas of the 64th, Watson of the 70th, McClinton of the 68th and others:
A bill to amend an Act entitled "An Act to fix, prescribe and establish com pensation and/or salaries of the elective county officials of and in the County of DeKalb", so as to provide for the method of employing deputies, clerks, and assistants required by such officers.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 796. By Representatives Teper of the 61st, Maddox of the 72nd, Harrell of the 62nd, Stuckey of the 67th, Hegstrom of the 66th and others:
A bill to amend an Act revising, superseding, and consolidating the laws re lating to the governing authority of DeKalb County, so as to authorize the Board of Commissioners of DeKalb County to adopt an ordinance allowing the deduction from the county employees' salaries or wages amounts desig nated for charitable organizations or contributions or dues to entities pro viding services and benefits to employees.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 797. By Representatives Orrock of the 56th and Childers of the 13th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, so as to make it unlaw ful for any person intentionally and without the express consent of all par ties to a business communication, by means of any electronic or other recording device, to record such business communication carried on among the parties.
Referred to the Committee on Judiciary.
HB 798. By Representatives Tolbert of the 25th, Murphy of the 18th and Jamieson of the 22nd:
A bill to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain programs under the "Quality Basic Education Act," so as to define a certain term; to provide that no high school which receives funds under said Act shall participate in or sponsor interscholastic sports events which are conducted under the authority of any athletic association unless the charter, bylaws, or other governing docu ments of such athletic association comply with certain requirements.
Referred to the Committee on Education.
HR 373. By Representatives Smith of the 19th, Evans of the 28th, Mills of the 21st, Tolbert of the 25th, Rogers of the 20th and others:
A resolution creating the House Lake Lanier Water Quality Study Committee.
Referred to the Committee on Rules.

804

JOURNAL OF THE HOUSE

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

HB 22 HB 728 HB 729 HB 730 HB 731 HB 732 HB 733 HB 734 HB 735 HB 736 HB 737 HB 738 HB 739 HB 740 HB 741 HB 742 HB 743 HB 744 HB 745 HB 746 HB 747

HB 748 HB 749 HB 750 HB 751 HB 752 HB 753 HB 754 HB 755 HB 756 HB 757 HB 758 HB 784 HR 364 HR 365 HR 366 HR 367 HR 368 HR 371 HR 372 SB 128 SB 150

Pursuant to Rule 52, Representative Wiles of the 34th moved that the following Bill of the House be engrossed:
HB 750. By Representative Wiles of the 34th:
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 provide for the submission of fingerprints in conjunction with the application for a li cense for the operation of a foster home; to provide for a fingerprint check by the Federal Bureau of Investigation.
The motion prevailed.

Pursuant to Rule 52, Representative Wiles of the 34th moved that the following Bill of the House be engrossed:
HB 751. By Representative Wiles of the 34th:
A bill to amend Chapter 3 of Title 35 of the Official Code of Georgia Anno tated, relating to the Georgia Bureau of Investigation, so as to ratify the Na tional Crime Prevention and Privacy Compact established by Section 217 of Subtitle A of Title LL of federal Public Law 92-544; to define certain terms; to provide duties for the director of the Georgia Crime Information Center.

The motion prevailed.
Representative Coleman of the 142nd District, Chairman of the Committee on Appropri ations, submitted the following report:

WEDNESDAY, FEBRUAEY 24, 1999

805

Mr. Speaker:

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

HB 101 Do Pass, by Substitute HB 260 Do Pass

HB 631 Do Pass SB 9 Do Pass

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

Representative Jamieson of the 22nd District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 84 Do Pass, by Substitute HB 550 Do Pass HB 605 Do Pass, by Substitute
Respectfully submitted, /s/ Jamieson of the 22nd
Chairman

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

Mr. Speaker:

Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the fol lowing recommendation:
HB 677 Do Pass
Respectfully submitted, /s/ Holmes of the 53rd
Chairman

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

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 43 Do Pass, by Substitute
Respectfully submitted, /s/ Lord of 121st
Chairman

806

JOURNAL OF THE HOUSE

Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

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

HB 257 Do Pass, by Substitute HB 366 Do Pass, by Substitute HB 414 Do Pass, by Substitute HB 416 Do Pass, by Substitute

HB 597 Do Pass SB 12 Do Pass, by Substitute SB 41 Do Pass SB 42 Do Pass

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

Representative Cummings of the 27th District, Chairman of the Committee on Retire ment, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 617 Do Pass, by Substitute
Respectfully submitted, Isl Cummings of the 27th
Chairman
Representative Smyre of the 136th District, Chairman of the Committee on Rules, sub mitted 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 263 Do Pass SR 88 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman
Representative Randall of the 127th District, Chairman of the Committee on Special Ju diciary, submitted the following report:

WEDNESDAY, FEBRUARY 24, 1999

807

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 635 Do Pass HB 642 Do Pass, by Substitute
Respectfully submitted, /a/ Randall of the 127th
Chairman

Representative Lucas of the 124th District, Chairman of the Committee on State Institu tions & Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions & Property has had under consideration the fol lowing Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 449 Do Pass, by Substitute HB 471 Do Pass, by Substitute

HR 325 Do Pass SB 17 Do Pass

Respectfully submitted, /s/ Lucas of the 124th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Plan ning & 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 700 Do Pass HB 704 Do Pass HB 709 Do Pass HB 710 Do Pass HB 721 Do Pass

HB 723 Do Pass HB 724 Do Pass HB 725 Do Pass HB 726 Do Pass SB 167 Do Pass, by Substitute

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

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

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:

808

JOURNAL OF THE HOUSE

HB 383 Do Pass HB 438 Do Pass, by Substitute HB 499 Do Pass

HB 558 Do Pass, by Substitute HB 610 Do Pass HB 618 Do Pass, by Substitute
Respectfully submitted, Is! Buck of the 135th
Chairman

The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 24, 1999
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 26th Legislative Day as enumer ated below:

HB 297 Banks and financial institutions; amend provisions HB 298 GBI; conform to cert federal law; fingerprinting; day-care applicants HB 399 Co/mun; cert water & sewer systems; certain contracts HB 406 Housing authorities; provide for resident commissioners HB 421 Motor vehicles; redefine "person" HB 423 Traffic offenses; jurisdiction; bureau procedures; penalties HB 470 The Victims' Reimbursement Act of 1999; enact HB 522 Fiscal notes; amend provisions HB 561 Professional employer organizations; provisions HB 578 Tires; certain fees; extend certain time limit

HR 167 Metro Atlanta Rapid Transit Overview Comm; create Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, Isl Smyre of the 136th
Chairman
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 700. By Representatives Buck of the 135th, Davis of the 132nd, Smyre of the 136th, Smith of the 102nd, Taylor of the 134th and others:
A bill to amend an Act establishing the State Court of Muscogee County, so as to provide for the compensation of the solicitor-general and chief assistant solicitor-general of said court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 704. By Representative Channell of the lllth:
A bill to amend an Act creating the Greene County Family Connection Com mission, so as to add a member.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 709. By Representative Channell of the lllth:
A bill to amend an Act creating a new charter for the City of Union Point, so as to change the corporate limits of said city.

WEDNESDAY, FEBRUARY 24, 1999

809

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HE 710. By Representative Channell of the lllth:
A bill to amend an Act providing for a new charter for the Town of Siloam, so as to provide for concurrent terms for the mayor and council members.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 721. By Representative Reece 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 City of Trion Independent School Dis trict for residents of that district who are 70 years of age or older and whose gross annual household 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 723. By Representatives Dixon of the 168th and Smith of the 169th:
A bill to provide for the unification of the existing governments of the City of Waycross and Ware County; to provide for the creation of the unified govern ment of Waycross-Ware County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 724. By Representatives Dixon of the 168th and Smith of the 169th:
A bill to repeal an Act creating a board of commissioners for Ware County; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 725. By Representatives Dixon of the 168th and Smith of the 169th:
A bill to repeal an Act providing for a new charter for the City of Waycross; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 726. By Representative Purcell of the 147th:
A bill to amend an Act entitled "An Act creating the State Court of Effingham County," so as to change the salaries of the judge and solicitor-general of said court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 167. By Senators Walker of the 22nd and Cheeks of the 23rd:
A bill to amend an Act providing for the consolidated government of Augusta, Georgia, as amended, so as to change the provisions relating to the filling of vacancies in the office of the mayor or in the membership of the commission; to repeal certain provisions relating to affirmative action and equal opportunities.

810

JOURNAL OF THE HOUSE

The following Committee substitute was read and adopted:

A BILL
To amend an Act providing for the consolidated government of Augusta, Georgia, ap proved March 27, 1995 (Ga. L. 1995, p. 3648), as amended, so as to change the provi sions relating to the filling of vacancies in the office of the mayor or in the membership of the commission; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act providing for the consolidated government of Augusta, Georgia, approved March 27, 1995 (Ga. L. 1995, p. 3648), as amended, is amended by striking subsection (a) of Section 5 of said Act and inserting in its place the following:
"(a) A vacancy which occurs in the office of the mayor or in the membership of the commission by death, resignation, removal from the commission district, or for any other reason shall be filled by the remaining members of the commission appointing a qualified person to serve for the unexpired term, unless the unexpired term exceeds 12 calendar months, in which event, the commission shall appoint a qualified person to serve until a successor is elected to serve for the unexpired term as provided in this subsection. When the unexpired term exceeds 12 calendar months, a special election shall be held in the county in the case of the mayor or in the commission district in which the vacancy occurred to elect a successor for the unexpired term. Any such spe cial election shall be called, held, and conducted in accordance with the applicable pCroodvei.s'"ions of Chapter 2 of Title 21 of the O.C.G.A., known as the 'Georgia Election

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 substi tute, 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 Y Anderson Y Ashe Y Bailey Y Bannister
Barnard Y Barnes
Benefield Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter

Byrd Callaway Campbell Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell Cooper Cox Crawford Cummings Davis, M Davis, T Day Dean DeLoach, B

Y DeLoach, G Y Dix
Dixon Y Dodson Y Dukes Y Ehrhart
Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell

Y Heard Heckstall
Y Hegstrom Y Hembree E Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley
Irvin Jackson, B Y Jackson, L Y James Y Jamieson Jenkins Y Jennings

N Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning
Martin, J Y Martin, J.L Y Massey
McBee McCall McClinton McKinney Millar Mills Mobley

Y Morris Y Mosley
Mueller
Y O'Neal
Orrock
Parham Y Parrish E Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas

WEDNESDAY, FEBRUARY 24, 1999

811

Y Randall
Y Ray Y Reaves Y Reece Y Reed Y Reese 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 Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B 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 Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner Y Stephens Y Stokes
Y Stuckey Y Taylor
league Y Teper Y Tillman Y Tolbert

Y Trense Turnquest
Y Twiggs Y Unterman Y Walker, L
Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bills, the ayes were 149, nays 1.
The Bills, having received the requisite constitutional majority, were passed.
The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 29. By Senators James of the 35th, Gingrey of the 37th, Tate of the 38th and Butler of the 55th:
A bill to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Geor gia Annotated, relating to general provisions relative to health, so as to pro vide for the protection of the right of a baby to breast-feed by authorizing a mother to breast-feed in any location, public or private; to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general pro visions, relative to labor and industrial relations, so as to provide for accom modations to be provided for certain nursing mothers by employers.
SB 99. By Senators Broun of the 46th, Cagle of the 49th, Madden of the 47th and others:
A bill to amend Part 3 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Lake Lanier Islands Development Authority, so as to expand the purposes for which the authority may expend income and revenue.
SB 103. By Senator Polak of the 42nd:
A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to juries, so as to provide that in counties with a population exceeding 400,000 expense al lowances for jurors shall not exceed $50.00 per diem.
SB 138. By Senators James of the 35th, Butler of the 55th, Thomas of the 10th and others:
A bill to amend Code Section 46-5-134 of the Official Code of Georgia Anno tated, relating to the billing of telephone subscribers for an emergency tele phone number "911" system, so as to authorize the payment from an Emer gency Telephone System Fund maintained by a local government of certain personnel and supply costs, the costs of leasing, purchasing, or maintaining certain equipment, and certain other costs associated with the operation of an emergency "911" system.

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JOURNAL OF THE HOUSE

SB 184. By Senator Brush of the 24th:
A bill to amend an Act providing for a new charter for the City of Grovetown, so as to change certain provisions relating to the powers and duties of the mayor.
The Senate has passed, by substitute, by the requisite constitutional majority the follow ing bill of the House:
HB 56. By Representatives Buck of the 135th, Royal of the 164th and Jamieson of the 22nd:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Anno tated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Inter nal Revenue Code" and "Internal Revenue Code of 1986" and thereby to in corporate provisions of federal law into Georgia law.
By unanimous consent, the following Bills of the Senate were read the first time and re ferred to the committees:
SB 29. By Senators James of the 35th, Gingrey of the 37th and Butler of the 55th:
A bill to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to provide for the protection of the right of a baby to breast-feed by authorizing a mother to breast-feed in any location, public or private; to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions, relative to labor and industrial relations, so as to provide for ac commodations to be provided for certain nursing mothers by employers.
Referred to the Committee on Health & Ecology.
SB 99. By Senators Broun of the 46th, Cagle of the 49th, Madden of the 47th and others:
A bill to amend Part 3 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Lake Lanier Islands Develop ment Authority, so as to expand the purposes for which the authority may expend income and revenue.
Referred to the Committee on Industry.
SB 103. By Senator Polak of the 42nd:
A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to juries, so as to provide that in counties with a population exceeding 400,000 expense al lowances for jurors shall not exceed $50.00 per diem.
Referred to the Committee on Judiciary.
SB 138. By Senators James of the 35th, Butler of the 55th, Thomas of the 10th and others:
A bill to amend Code Section 46-5-134 of the Official Code of Georgia Anno tated, relating to the billing of telephone subscribers for an emergency tele phone number "911" system, so as to authorize the payment from an Emer gency Telephone System Fund maintained by a local government of certain personnel and supply costs, the costs of leasing, purchasing, or maintaining certain equipment, and certain other costs associated with the operation of an emergency "911" system.
Referred to the Committee on Industry.

WEDNESDAY, FEBRUARY 24, 1999

813

SB 184. By Senator Brush of the 24th:
A bill to amend an Act providing for a new charter for the City of Grovetown, so as to change certain provisions relating to the powers and du ties of the mayor.
Referred to the Committee on State Planning & Community Affairs - Local.

The following Resolution of the House was read:
HR 374. By Representatives Murphy of the 18th, Walker of the 141st, Coleman of the 142nd and Skipper of the 137th

A RESOLUTION

Relative to adjournment; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General As sembly shall adjourn at 5:00 P.M. on Wednesday, February 24, 1999, and shall reconvene on Monday, March 1, 1999.

BE IT FURTHER RESOLVED that for the duration of the remainder of the 1999 session of the General Assembly until its adjournment sine die, unless otherwise provided by resolution of the General Assembly, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and shall reconvene on the Monday next following.

BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate; and the hour for convening the House on each such Monday may be as ordered by the House.

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brook j Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers N Clark Y Coan Y Coleman, B
Y Coleman, T
Y Connell

Y Cooper Y Cox Y Crawford Y Cummings
Y Davis, M
Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps
Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin E Harrell
Heard Heckstall

Y Hegstrom Y Hembree E Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James
Jamieson
Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis
Lord Y Lucas Y Maddox Y Mann Y Manning
Martin, J Y Martin, J.L Y Massey

Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal
Orrock Y Parham Y Parrish E Parsons Y Pelote N Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice

N Richardson Y Roberts
Rogers Y Royal
Y Sanders
Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings N Stancil
Stanley, P

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Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor

Teague Y Teper Y Tillman Y Tolbert Y Trense

Turnquest Twiggs Unterman Walker, L Walker, R.L

Watson West Westmoreland Whitaker Wiles

Williams, J Williams, R Wix Yates Murphy, Spin-

On the adoption of the Resolution, the ayes were 155, nays 6.
The Resolution was adopted.
The following Resolution of the House was read: HR 375. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the
161st, Reaves of the 178th and Murphy of the 18th

A RESOLUTION

Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the United States Secretary of Agriculture; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Honorable Daniel R. Glickman, United States Secretary of Agriculture, is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Thursday, March 4, 1999, in the hall of the House of Representatives.

BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from United States Secretary of Ag riculture Daniel R. Glickman.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is author ized and directed to transmit an appropriate copy of this resolution to the United States Secretary of Agriculture.

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

Y Alien Anderson
Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers

Clark Coan Coleman, B Coleman, T Connell Y Cooper Y Cox Crawford Cummings Davis, M Davis, T Day Dean DeLoach, B DeLoach, G Dix Dixon Dodson Dukes Ehrhart Y Epps Evans Y Everett Felton Y Floyd Y Franklin

Y Golick Y Graves Y Greene
Grindley Y Hammontree
Hanner Y Harbin E Harrell Y Heard
Heckstall Y Hegstrom Y Hembree E Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson

Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
Mueller Y O'Neal

Orrock Parham Fairish Parsons Pelote Pinholster Poag Ponder Porter Powell Purcell Ragas Randall Ray Reaves Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder

Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper

WEDNESDAY, FEBRUARY 24, 1999

Y Smith, B 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
Snelling

Y Snow
Y Squires
Y Stallings
Y Stancil
Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor

Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L

815
Y Watson West
Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix
Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 155, nays 0.
The Resolution was adopted.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 376. By Representative Smith of the 91st:
A resolution recognizing the Morgan County High School Wrestling Team and inviting the team to appear before the House of Representatives.
The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:
Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the follow ing bill of the House:
HB 143. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1998-1999 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1998-1999.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 374. By Representatives Murphy of the 18th, Walker of the 141st, Coleman of the 142nd and Skipper of the 137th:
A resolution relative to adjournment.
Under the general order of business, established by the Committee on Rules, the follow ing Bills of the House were taken up for consideration and read the third time:
HB 298. By Representatives Wiles of the 34th, Crawford of the 129th, Martin of the 47th, Stuckey of the 67th, Teper of the 61st and others:
A bill to amend Chapter 3 of Title 35 of the Official Code of Georgia Anno tated, relating to the Georgia Bureau of Investigation, so as to ratify the Na tional Crime Prevention and Privacy Compact established by Section 217 of the Subtitle A of Title LL of federal Public Law 92-544; to define certain terms to provide duties for the director of the Georgia Crime Information Center.
The following Committee substitute was read and withdrawn:

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JOURNAL OF THE HOUSE

A BILL

To amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to ratify the National Crime Prevention and Pri vacy Compact established by Section 217 of Subtitle A of Title LL of federal Public Law 92-544; to define certain terms; to provide duties for the director of the Georgia Crime Information Center; to provide for the submission of fingerprints in conjunction with the application for a license for the operation of a foster home; to provide for a fingerprint check by the Federal Bureau of Investigation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, is amended by inserting at the end thereof the following:

35-3-170.

"ARTICLE 7

As used in this article, the term:

(1) 'Compact' means National Crime Prevention and Privacy Compact established by federal Public Law 92-544.

(2) 'Compact council' means the compact council established by Article VI of federal Public Law 92-544.

(3) 'Director' means the director of the Georgia Crime Information Center.

(4) 'Foster care home' means a private home used by a child-placing agency which has been approved by the child-placing agency to provide 24 hour care, lodging, su pervision, and maintenance for no more than six children who are unrelated to the foster parent or parents.

(5) 'Foster parent or parents' means the person or persons who provide care, lodg ing, supervision, and maintenance in a foster care home used by a child-placing agency.
35-3-171.

The National Crime Prevention and Privacy Compact established by federal Public Law 92-544 is ratified, enacted, and entered into by the State of Georgia. The compact shall become operative immediately upon this state's participation's approval by the United States Attorney General.
35-3-172.

The director shall be the compact officer and shall be responsible for:

(1) Administering the compact within this state;

(2) Ensuring that compact provisions and rules, procedures, and standards estab lished by the compact council are complied with in this state; and

(3) Regulating the in-state use of records received from the Federal Bureau of Inves tigation or other states party to the compact.

WEDNESDAY, FEBRUARY 24, 1999

817

35-3-173.
In addition to any other requirement established by law, the submission of finger prints shall be a prerequisite to the issuance of a license or authorization for the oper ation of a foster home or to serve as foster parents as provided in Article 3 of Chapter 5 of Title 49. Such fingerprints shall be used for the purposes of fingerprint checks by the Georgia Crime Information Center and the Federal Bureau of Investigation."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Wiles of the 34th, was read and adopted:

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 submission of fingerprints in conjunction with the application for a license for the operation of a foster home; to provide for a fingerprint check by the Federal Bureau of Investigation; to repeal conflict ing 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, is amended by inserting in Code Section 49-5-69.1, relating to fingerprint and preliminary records checks for foster care homes; notice of results; vio lations; and foster parents known to have criminal records, a new subsection to be desig nated subsection (e) to read as follows:

"(e) In addition to any other requirement established by law, the submission of finger prints shall be a prerequisite to the issuance of a license or authorization for the oper ation of a foster home or to serve as foster parents as provided in this article. Such fingerprints shall be used for the purposes of fingerprint checks by the Georgia Crime Information Center and the Federal Bureau of Investigation."

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 substi tute, was agreed to, by substitute.

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

Y Alien Anderson
Y Ashe Y. Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders

Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash

Y Channel! Y Childers Y Clark
Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans

Y Everett Y Felton Y Floyd
Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin E Harrell

818
Heard Heckstall Hegstrom Hembree Henson Holland Holmes Houston Howard Hudgens Hudson, H Hudson, N Hugley Irvin Jackson, B Jackson, L James Jamieson Jenkins Jennings Jones Joyce Kaye Lane

JOURNAL OF THE HOUSE

Lewis Lord Lucas Maddox Mann Manning Martin, J Martin, J.L Massey McBee McCall McClinton McKinney Millar Mills Mobley Morris Mosley Mueller O'Neal Orrock Parham Parrish Parsons

Pelote Pinholster Poag Ponder Porter Powell Purcell Ragas Randall
Ray Reaves Reece Reed Reese
Reichert Rice
Richardson Roberts
Rogers
Royal Sanders Sauder Scarlett
Scheid

Y Scott Y Shanahan
Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires Y Stallings
Y Stancil
Stanley, P Y Stanley-Turner

Y Stephens
Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert
Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The Speaker Pro Tern assumed the Chair. HB 297. By Representatives Parrish of the 144th, Stallings of the 100th, James of the
140th, Bailey of the 93rd, Ragas of the 64th and others: A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Anno tated, relating to financial institutions, so as to change the term of the com missioner; to change provisions relating to emergency closings; to change name restrictions; to change provisions relating to leasing and lending re strictions; to allow dealings in certain securities by banks; to change provi sions relating to promoters' fees.
The following Committee substitute was read and adopted:

A BILL
To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to fi nancial institutions, so as to change provisions relating to emergency closings; to change name restrictions; to change provisions relating to leasing and lending restrictions; to allow dealings in certain securities by banks; to change provisions relating to promoters' fees; to conform provisions relating to obsolete restrictions on branching outside of a county; to allow conversions from federal savings bank to a state charter; to provide for registered agents; to change provisions regarding representative offices; to conform branching provisions to federal law and prior changes in Georgia law; to provide for ex panded methods of establishing branch offices within regulations; to change provisions relating to banking extensions; to change provisions relating to permissible activities of bank holding companies; to change provisions regarding interstate acquisitions, mergers, and consolidations; to change provisions relating to management of banking regulation by the department; to change provisions relating to mortgage brokers and lenders, their permitted activities, felonies, licenses, and other matters; to change provisions relating to the department's enforcement of laws governing mortgage brokers and lenders and disclosure of such enforcement or investigatory activities; to amend Chapter 5 of Title 7,

WEDNESDAY, FEBRUARY 24, 1999

819

relating to credit cards and credit card banks, so as to change definitions; to change pro visions relating to the organization of credit card banks and their charges and fees; to clarify certain references; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial insti tutions, is amended by striking Code Sections 7-1-111 and 7-1-111.1, relating to emer gency closings and posting notice of intent to close a banking location, respectively, and inserting in lieu thereof new Code sections to read as follows:
"7-1-110.1.

Except in the case of an emergency closing, 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.
7-1-111.

Whenever it appears to the Governor that the welfare of the state or any region thereof or the welfare and security of any financial institution or the lives of the em ployees of the financial institution or the safety of the funds of depositors and property of the shareholders are endangered or placed in jeopardy by any impending or existing emergency or other catastrophe, including, but not limited to, economic crises, hurri canes, tornadoes, fire hazards, disruption or failure of utility, transportation, commu nication, or information systems, or civil disorders, the Governor may proclaim that a financial emergency exists and that any financial institution or type of financial insti tution shall be subject to special regulation as herein provided until the Governor, by a like proclamation, declares the period of such emergency to have terminated. The department may also declare banking financial emergencies in specific cases for cause shown, btrt and its declaration shall net remain in effect for more than 24 hours or until terminated by the Governor or the commissioner, whichever occurs first.
7-1-111.1.
Before a financial inatitution may clone a banking location, it must post at auch loca tion in a conspicuous place at least 30 days in advance of such closing a notice of in tent to close.--Such notice muat remain posted for at leaat 30 consecutive--days.--Cuatomcra of a banking location shall be considered to have received notice if the requirements of thia Code section have been met."
SECTION 2.
Said chapter is further amended by striking subsection (a) of Code Section 7-1-112, re lating to business restrictions, and inserting in lieu thereof a new subsection to read as follows:

"(a) During the period of or as a result of any financial emergency proclaimed by the Governor or declared by the department, or during any impending or existing emer gency situation as described in Code Section 7-1-111, the department, in addition to all of the powers conferred upon it by law, shall have the authority to order any one or more financial institutions to restrict all or any part of their business and to limit or postpone for any length of time the payment of any amount or proportion of the de posits in any of the departments of the financial institutions as it may deem necessary

820

JOURNAL OF THE HOUSE

or expedient. The department may further regulate the payments of such financial in stitutions as to time and amount, as in its opinion the interest of the public or of such financial institutions or the depositors thereof may require."
SECTION 3. Said chapter is further amended by striking subsections (b) and (c) of Code Section 7-1243, relating to restrictions on banking and trust nomenclature, and inserting in lieu thereof new subsections to read as follows:
"(b) Except as provided in paragraph (3) of subsection (c) of this Code section, no per son or corporation except:
(1) A corporation lawfully authorized to exercise trust powers or any subsidiary thereof;
(2) A corporation lawfully owning the majority of the voting stock of any corporation authorized to exercise trust powers, or any subsidiary of such owner corporation;
(3) An enterprise whose structure is in the nature of a trust where the trustees in clude a corporation lawfully authorized to exercise trust powers in this state; or
(4) An eleemosynary institution
shall use the words 'trust' or 'trust company' or any similar name indicating that the business done i^ that of a trust company upon any sign at its place of business or else where, or upon any of its letterheads, billheads, blank checks, blank notes, receipts, certificates, circulars, advertisements, or any other written or printed matter.
(c) Nothing in this Code section shall be construed to:
(1) Prevent the use of the words 'banks,' 'banker,' 'banking,' 'banker's,' 'trust,' or any similar word in a context clearly not purporting to refer to a banking or a trust bus iness or to a business primarily engaged in the lending of money, underwriting or sale of securities, acting as a financial planner, financial service provider, er invest ment or trust adviser, or acting as a loan broker;
(2) Prohibit advertisement in media distributed in or transmitted into this state by persons or corporations lawfully engaged in the banking or trust business outside of this state; or
(3) Prevent any person or corporation from continuing to use its name legally in use on April 1, 1989."
SECTION 4. Said chapter is further amended by striking Code Section 7-1-282, relating to direct leasing of personal property, and inserting in lieu thereof a new Code section to read as follows:
"7-1-282.

Subject to such regulations as the department may prescribe, a bank may become the owner and lessor of personal property acquired upon the specific request and for the use of a customer and may incur such additional obligations as may be incident to be coming an owner and lessor of such property. At the end of any lease, the bank shall, within six months, enter into a new lease with respect to the property or dispose of it. The leasing shall et constitute an indebtedness under Code Section 7-1-285 and shall

WEDNESDAY, FEBRUARY 24, 1999

821

be subject to the lending limitations of such Code sections-bat-the aggregate value of the property at any time leaacd to any one person or corporation shall not exceed 20 percent of the statutory capital baoc of the bank."
SECTION 5.
Said chapter is further amended by striking Code Section 7-1-287, relating to dealing in securities, and inserting in lieu thereof a new Code section to read as follows:
"7-1-287.

Notwithstanding the limitations of Code Section 7-1-288, a bank may purchase, sell, underwrite, and hold securities which are obligations in the form of bonds, notes, or debentures or mutual funds, investment trusts, or pools primarily consisting of such bonds, notes, or debentures, and may purchase, sell, and hold corporate debt obliga tions, to the extent authorized by regulations of the department. The department may issue regulations which prescribe operating restrictions and standards of conduct deal ing with potential conflicts of interest and shall prescribe rules for divestiture of se curities held in violation of such regulations and fines for violations not to exceed $10,000.00 per day during which each violation remains unconnected. A bank may hold without limit securities which are obligations of the United States or obligations which are guaranteed fully as to principal and interest by the United States or general obli gations of any state."
SECTION 6.
Said chapter is further amended by striking subparagraph (c)(2)(F) of Code Section 7-1288, relating to corporate stock and securities, and inserting in lieu thereof a new subparagraph to read as follows:
"(F) A corporation engaged in functions or activities that the bank or trust com pany is authorized to carry on, including, but not limited to: conducting a safe-de posit business; holding real estate; acting as a financial planner or investment ad visor; offering of a full range of investment products; promoting and facilitating international trade and commerce; and exercising powers incidental to financial activities as provided in paragraph (11) of Code Section 7-1-261; in addition to functions or activities which include exercising powers granted by department reg ulations or exercising powers determined by the commissioner to be financial in nature or incidental to the provision of financial services, so long as these activi ties do not pose undue risk to the safety and soundness of the financial institution and are consistent with the objectives of this chapter as stated in Code Section 71-3; provided, however, unless the bank is exempt, nothing contained in this subparagraph shall exempt relieve any such corporation from undertaking registra tion, licensing, or other qualification to engage in such functions or activities as may otherwise be required by law; and".
SECTION 7.
Said chapter is further amended by striking subsection (a) of Code Section 7-1-391, re lating to prohibition of promoters' fees, and inserting in lieu thereof a new subsection to read as follows:
"(a) A bank or trust company shall not pay any fee, compensation, or commission for promotion in connection with its organization or apply any money received on account of shares or subscriptions, selling shares, or other services in connection with its or ganization, except legal fees, commissions or fees to disinterested third parties for sale of bank stock to others, and other usual and ordinary expenses necessary for its organization."

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JOURNAL OF THE HOUSE

SECTION 8.
Said chapter is further amended by striking Code Section 7-1-414, relating to redemp tion and convertibility of shares and debt securities, and inserting in lieu thereof a new Code section to read as follows:
"7-1-414.

(a) Any preferred shares subject to redemption shall be redeemable only pro rata or by lot or by such other equitable method as is selected by the board of directors, ex cept as otherwise provided in the articles.
(b) With the written approval of the department and the votes of directors and share holders required to authorize an increase in the capital stock of the institution under Code Section 7-1-511:
(1) Preferred stock may be convertible to common stock; and
(2) Subordinated securities may be convertible to common stock.
(c) With the written approval of the department, a resolution of the board of directors, and a two-thirds' affirmative vote of the shares entitled to vote, a bank or trust com pany may acquire issued shares of its own common stock, which will then be consid ered treasury shares. The department shall consider whether the acquisition has a legitimate corporate purpose, whether any capital impairment would result, and whether the price of the shares reflects fair market value."
SECTION 9.
Said chapter is further amended by striking Code Section 7-1-510, relating to authorized amendments to articles, and inserting in lieu thereof a new Code section to read as follows:
"7-1-510.

(a) A bank or trust company may, in the manner provided in this part, amend its arti cles 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 spe cial 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; or
(7) To change ita main office location from one county to another, provided that, un Icsa the bank or truat company lawfully has offices in both counties, it may not re tain banking or truat offieca in the county from which it is moving; or

WEDNESDAY, FEBRUARY 24, 1999

823

(8) In the case of a bank, to become a trust company and, in the case of a trust com pany, 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 street address and county of the current instead of the original 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 10.
Said chapter is further amended by striking subsection (e) of Code Section 7-1-511, re lating to the proposal and adoption of amendments to articles, and inserting in lieu thereof a new subsection to read as follows:
"(e) Any amendment for the purposes set forth in paragrapha (6) through (8) para graph (7) of subsection (a) of Code Section 7-1-510 shall require for its adoption the af firmative vote of at least two-thirds of all the shares entitled to vote thereon or of each class entitled to vote thereon where voting by class is required."
SECTION 11.
Said chapter is further amended by striking subsection (a) of Code Section 7-1-514, re lating to the department's approval or disapproval of articles of amendment, and in serting in lieu thereof a new subsection to read as follows:
"(a) Upon receipt of the articles of amendment, the department shall conduct such in vestigation as it may deem necessary to determine:
(1) That the articles of amendment and supporting items satisfy the requirements of this chapter;
(2) Where the amendment would grant new powers or status to a bank or trust company, that the criteria for the granting of such powers or status as an original matter have been satisfied;
(3) Where the amendment decreases the capital stock of the institution, that the re maining capital stock will be adequate to support its anticipated banking or trust business;
(4) Where the amendment provides for a change to a new location within the aamc county, that the criteria for establishing a bank banking office at the new location have been satisfied; and
(5) Where the amendment provides for a change in location to a now county, that the criteria for establishing a new bank in that county have been aatiaficd; and
(6) That the interests of the shareholders, depositors, and the public will not be im paired by the amendment."

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SECTION 12. Said chapter is further amended by striking subsection (b) of Code Section 7-1-532, re lating to the execution, contents, and filing of articles of merger or consolidation, and in serting in lieu thereof a new subsection to read as follows:
"(b) The articles of merger or consolidation shall be signed by two duly authorized of ficers of each party to the plan under their respective seals and shall contain:
(1) The names of the parties to the plan and of the resulting bank or trust company;
(2) The street address and county of the location of the main office and registered agent and registered office of each;
(3) The votes by which the plan was adopted and the time, place, and notice of each meeting in connection with such adoption;
(4) The names and addresses of the first directors of the resulting bank or trust company;
(5) In the case of a merger, any amendment of the articles of the resulting bank or trust company;
(6) In the case of a consolidation, the provisions required in articles of a new bank or trust company by paragraphs (3); (4), (5), (6), and (0) (7), and (10) of subsection (a) of Code Section 7-1-392; and
(7) The plan."
SECTION 13. Said chapter is further amended by adding a new subsection (c) to Code Section 7-1-550, relating to authority for national to state bank conversions, mergers, and consolidations, to read as follows:
"(c) A federal savings bank located in this state may apply to the department to con vert to a state charter. The provisions of Code Section 7-1-293 shall apply to the re sulting bank, and the conversion procedure shall be the same as for national bank conversions."
SECTION 14. Said chapter is further amended by striking subsection (b) of Code Section 7-1-551, re lating to articles of conversion, merger, or consolidation for national to state bank con versions, mergers, and consolidations, and inserting in lieu thereof a new subsection to read as follows:
"(b) The articles of conversion shall be signed by two duly authorized officers of the national bank under its seal and shall contain:
(1) Its name and the name of the resulting bank or trust company;
(2) The street address and county of its location main office;
(3) The location name and initial registered agent and the street address where itsthe initial registered office will be located;
(4) The votes by which the plan of conversion was adopted and the time, place, and notice of each meeting in connection with such adoption;

WEDNESDAY, FEBRUARY 24, 1999

825

(5) The names and addresses of the first directors of the resulting bank or trust company;
(6) The provisions required in articles of a new bank or trust company by paragraphs (3), (4), (5), (6), and (0) (7), and (10) of subsection (a) of Code Section 71-392; and
(7) The plan of conversion."
SECTION 15. Said chapter is further amended by striking Code Section 7-1-556, relating to state bank to national bank conversions, mergers, or consolidations, and inserting in lieu thereof a new Code section to read as follows:
"7-1-556.
(a) A bank or trust company may convert into, or merge or consolidate with, a na tional bank or a federal savings institution upon:
(1) Authorization by and compliance with the laws of the United States; and
(2) Adoption of a plan of conversion, merger, or consolidation by the affirmative vote of at least:
(A) A majority of its directors; and (B) The holders of two-thirds of each class of its shares at a meeting held upon not less than ten days' notice to all shareholders.
(b) A state bank or trust company which converts into or merges or consolidates with a national bank or a federal savings institution shall:
(1) Notify the department of the proposed conversion, merger, or consolidation;
(2) Provide such evidence of the adoption of the plan of conversion, merger, or con solidation as the department may request;
(3) Notify the department of any abandonment or disapproval of the plan; and
(4) File with the department and with the Secretary of State a certificate of the ap proval of the conversion, merger, or consolidation by the comptroller of the currency of the United Statca appropriate federal regulator.
(c) Conversion, merger, or consolidation of a state institution into a national banking association or a federal savings institution shall be effective upon completion of the re quirements in subsection (b) of this Code section, and its articles as an institution ex isting under the laws of this state shall be automatically terminated."
SECTION 16. Said chapter is further amended by striking Code Sections 7-1-590 through 7-1-593, re lating to definitions applicable to, and establishment and registration of, representative offices, and inserting in lieu thereof new Code sections to read as follows:
"7-1-590.
As used in this part, the term:

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(1) 'Bank' and 'bank holding company' shall have the same meaning as in Part 18 of this article. A 'banking business' may include any one or a combination of the pow ers of n bank ao act out in Part 3 of this article, but the is the business which a bank is authorized to do pursuant to this title. The power to receive deposits or the performance of any transaction directly or through an affiliate or agent relative to a deposit account shall be presumed to constitute a banking business.
(2) 'Domicile' means the home state as defined in paragraph (12) of Code Section 71-621 where a bank or bank holding company is chartered or where a bank holding company is incorporated.
(3) 'Loan production office' is a limited form of a representative office, engaged in where the solicitation of loans or of leases of personal property and not in may oc cur, but not the disbursement of loan proceeds nor in any other banking business. It shall be treated established and registered as a representative office.
(4) 'Representative office' is an office established by a bank, a bank holding com pany, or an agent or subsidiary of either for the purpose of conducting other than a banking business. It shall not be considered to be a parent bank, branch bank, bank office, or bank facility branch office or main office.

(5) 'Trust production office' means a trust sales office of a qualifying individual or corporate fiduciary which office is not performing fiduciary activities. The trust in stitution desiring to establish such an office in this state must apply to the depart ment on forms provided by the department, must be approved by the commissioner to engage in sales activities in this state, and must register and pay any fees re quired for a representative office under Code Section 7-1-593. Sales activities shall consist primarily of marketing or soliciting in this state using mail, telephone, or electronic means or in person to act or propose to act as a fiduciary outside of this state. The department shall be permitted to examine such trust production offices to ascertain whether they are limiting their activities as prescribed.
7-1-591.

A bank domiciled in this state and operating under its laws or the laws of the United States or a subsidiary or agent of said such bank may establish a representative office anywhere except where it ia authorized to carry on a banking business in the state. A bank holding company domiciled in this state and operating under its laws or the laws of the United States or a nonbank subsidiary or agent of such bank holding company may establish a representative office anywhere in this state.
7-1-592.

A bank or bank holding company domiciled outside this state and operating under the laws of such other state or territory or of the United States, which entity doca not maintain a place of business for the purpose of transacting a banking business or any part thereof in or through an office in this state, or its subsidiary or agent, may estab lish representative offices anywhere in this state.
7-1-593.

(a) A bank or bank holding company having a representative office located in this state shall register with the department annually on forms prescribed by the depart ment. Such registration shall be filed according to regulations issued by the depart ment, shall be accompanied by a registration fee prescribed by regulations of the de partment, and shall list the names of all its Georgia representative offices, the street address of the offices, the nature of the business to be transacted in or through the of-

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fices, and such other information as the department may require. The department may consolidate these requirements and those for agency relationships with the hold ing company registration required in Part 18 Parts 18, 19, and 20 of this article.
(b) The department may review the operations of any representative office annually or at such greater frequency as it deems necessary to assure that the office does not transact a banking business."
SECTION 17.
Said chapter is further amended by striking Code Sections 7-1-600 through 7-1-608 of Part 18, relating to bank branches, offices, facilities, and holding companies, and in serting in lieu thereof new Code sections to read as follows:
"7-1-600.

As used in this part, the term:
(1) 'Bank' means any moneyed corporation authorized by law to receive deposits of money and commercial paper, to make loans, to discount bills, notes, and other com mercial paper, to buy and sell bills of exchange, and to issue bills, notes, accept ances, or other evidences of debt, and shall include incorporated banks, savings banks, banking companies, trust companies, and other corporations doing a banking business and may include corporations who provide some or all of the financial ser vices listed in this paragraph by technological means in lieu of or in addition to traditional geographically based delivery systems but, unless the context otherwise indicates, shall not include national banks or building and loan associations or simi lar associations or corporations; provided, however, that Code Sections 7-1-590 through 7-1-594, providing for the registration of representative offices; Code Section 7-1 601 Sections 7-1-601 and 7-1-602, regulating the operation and establishment of branch banka and taxation of banks, branch bank offices, and bank facilities; Code Section 7-1 602, regulating the catabliahmcnt of bank offices and bank facilities bank branch offices; Code Section 7-1-603, regulating the expansion of existing facil ities; and Code Sections 7 1-606 7-1-604 through 7-1-608, restricting the acquisition and ownership of bank shares or assets and regulating the operation of banks and bank holding companies in this state, shall apply to national banks and all other persons, corporations, or associations, by whatever authority organized, doing a banking or trust business in this state. 'Bank' shall include 'bank office,' 'bank facil ity,' 'parent bank,' and 'branch bank,' 'main office' and any 'branch office,' unless the context indicates that it does not.
(2) 'Bank facility' means any additional place of business of a parent bank or branch bank located in the same county in which said parent bank or branch bank is situ atcd and which haa obtained a permit to operate a limited banking service in the manner and under the conditions provided in thia part.
(3) 'Bank holding company' means 'bank holding company' as defined in Code Sec tion 7-1-605.
(4) 'Bank office' means any additional place of business of n parent bank or a branch bank located in the same county in which said parent bank or branch bank is aituatcd and which has obtained a permit to operate a complete banking service in the manner and under the conditions provided in this part.
(6) 'Branch bank' moans any additional principal place of business of any parent bank located in a county other than in the county which ia specified in the articles of the parent bank and wherein the parent bank ia aituatcd.

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(6) 'City* or 'town' mcana a municipal corporation incorporated and chartered pursu ant to an Act of the General Aascmbly which dcacribcd the territorial boundaries and limits of 3uch municipal corporation.
(7) 'County* mcana a political aubdiviaion of this state organized purauant to an Act of the General Assembly which dcacribcd the territorial boundaries and limits thereof and ia named as a county in Code Section 36-1-1.
(8) 'Parent bank' mcana the principal place of business where the general buaincas of each bank ahall bo transacted in the particular city or town apceificd in its

(3) 'Banking office' or 'banking location' means either a main office or a branch office.
(4) 'Banking services' shall include all those offerings or services resulting from the exercise of banking powers as granted to banks in this title or by other applicable federal or state law or regulation.
(5) 'Branch office' means any location of a bank other than the main office where banking services are offered to the public. It does not include a representative office as defined in Code Section 7-1-590 or a bank extension as defined in Code Section 71-603. The department may provide by regulation that certain other activities do or do not constitute the formation of a branch office.
(6) 'Main office' means the principal banking location of a bank as such location ap pears in the records of the department. A bank shall indicate its principal banking location with the department, and if it fails to do so, the department shall choose a banking location of such bank to be the main office and shall so notify such bank. 7-1-601.
(a) Branch banks, aa defined in paragraph (6) of Code Section 7 1 600, shall be opcr atcd U3 branchea and under the name of the parent bank and under the control and direction of the board of directors and executive officers of aaid parent bank.--5%e board of dircctora of the parent bank ahall elect a caahicr and such other officers that may be required to conduct the buaincaa of 3aid branch properly; and a board of dircc tors, or loan committee, ahall be responsible for the conduct and management of said branch, but not of the parent bonk or of any other branch save that of which they arc officers, directors, or committee. Branch offices may be established by banks doing a lawful banking business in Georgia with the prior approval of the department as follows:
(1) New or additional branch offices may be established de novo in the manner pro vided in Code Section 7-1-602;
(2) New or additional branch offices may be established through merger, consolida tion, or sale of assets pursuant to Parts 14, 15, 16, 19, or 20 of this article;
(3) A bank may acquire a branch office from another bank without acquisition of the entire bank. However, an out-of-state bank with no lawfully established branch of fice in Georgia may not directly or indirectly make such an acquisition; or
(4) A bank with two or more existing banking offices in Georgia may redesignate its existing main office as a branch office in accordance with the procedures established by the department.

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829

(b) A bank not doing a lawful banking business in Georgia may become the owner of a branch office in Georgia provided such transaction is consummated under Section 12 or 13 of the Federal Deposit Insurance Act, 12 U.S.C. Section 1811, et seq., as amended.
(c) Taxation of all banks, branch banks, bank offices, and bank facilities shall be in the manner provided in Code Section 48 6-00.1 Chapter 6 of Title 48.
(c) New or additional branch banks as defined in paragraph (5) of Code Section 7 1 600 may be established with the prior approval of the department. Such branch banks may be established do novo in the oamc manner as is provided for the establishment of bank offices in Code Section 7-1 602, by relocation of the parent bank or another branch bank, or by merger, consolidation, or purchase of aaacts and assumption of lia bilitics involving another parent bank or branch bank.
(B-A-bank with a banking office in Georgia may, consistent with this Code section, acquire from another bank a branch bank, bank office, or bank facility, without acqui sition of the entire bank.--Such acquisition ahall be lawful only if and to the extent that such bank in Georgia could establish a branch bank, bank office, or bank facility on a do novo baaia in that geographic location under the applicable provisions of Gcor gia law.--An out of-atatc bank with no lawfully established branch bank in Georgia may not directly or indirectly acquire a branch bank, bonk office, or bank facility in this state.
(d) Each branch office will operate under the control and direction of the board of di rectors and executive officers of the bank, and the bank shall be responsible for ade quately staffing the branch office to conduct the business of the branch office in accordance with this chapter, federal law, and the rules and regulations of the department.
7-1-602.

(a) A parent bank or a branch bank, subject to the conditions provided in this part, may, upon obtaining approval and a permit from the department, establish and opcr ate a bank office or offices within the same county in which said parent bank or branch bank is situated.
(b) A parent bank or a branch bank, subject to the conditions provided in this part, may, upon obtaining approval and a permit from the department, establish and opcr ate a bank facility or facilities within the same county in which said parent bank or branch bank is situated.
(c)(l) Application for a permit to establish cither a bank a branch office or a bank facility shall be made to the department in such form as it may prescribe by rcgula ties from time to time. The department shall exercise its discretion in its considera tion of the application; but the department shall not approve the application until it has ascertained to its satisfaction that the public need and advantage will be pro moted by the establishment of the proposed bank office or bank facility according to the same criteria of examination and determination branch office, based upon the factors provided in paragraphs (3) through (7) of subsection (a) of Code Section 7-1394.
(2)(b) The department may, in ita discretion, to accommodate the public need and ad vantage of each locality, consider an application for a bank office as an application for a bank facility, or vice voraa; and it may, in the exercise of its discretion, to aecommo date the public need and advantage, determine the amount of funds which may be committed for the construction of each bank office or bank facility, whether by out right expenditure or by long term leaac contract, or by creation of, or utilization of, a

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real estate holding company.--Within 00 daya after the filing of an application for a permit to establish a bank office or bank facility, the department shall iaauc under its seal a certificate approving or disapproving the application for a permit, which deter mination ahall be final as to that application, except that it may be subject to judicial review aa provided in Code Section 7 1-90. After receipt of a complete application, the department shall have 90 days within which to approve or disapprove such applica tion. Under normal circumstances and workload, the department will issue an ap proval or disapproval of a branch office within 21 days or after the end of the public comment period, whichever is later.
(c) The department may approve an application contingent upon the satisfaction of ad ditional conditions including the submission of information such as the date of opening and the capital outlay for the branch office. If the approval of a federal regulatory agency is required with respect to the branch office, the department may at its option withhold its written approval or disapproval until such federal approval is granted or denied or may withdraw its approval if the federal agency fails to act or refuses to grant approval. If the department disapproves the branch office, it shall notify the ap plicant of its disapproval and state generally in writing the unfavorable factors influ encing its decision. The decision of the department is final, except that it may be subject to judicial review as provided in Code Section 7-1-90.
(d) All bank offices and bank facilities, as defined in this part, already lawfully estab lished in certain cities, towns, or villages,--shall not be required to apply for the per mit hcrcinabovc required to continue the present operations already catabliahcd. The department may provide by regulation that a bank which meets certain financial and managerial criteria may, in lieu of application, file a written notification with the de partment at a time to be specified in such regulation.
(e) All lawfully established banking locations existing on July 1, 1999, other than a bank's main office, shall be known and shall qualify as branch offices.
(fi In the event of merger or consolidation of two or more banks, pursuant to Parts 14 and 15 of this article, where all of the constituent banka ahall have cither a parent bank or a branch bank located in the same county, then the surviving or resulting bank shall be the parent bank designate a main office and may retain and continue to operate any or all places of buaincao banking locations of each constituent bank as eithcr a branch bank, a bank office, or a bank facility, aa is branch offices so long as they are consistent with and may be authorized by this part. In the event of the purchase of substantially all of the assets of a bank, pursuant subject to the review and approval ef by the commissioner of such transaction, where both the selling and the purchasing banks ahall have cither a parent bank or branch bank in the same county, then the purchasing bank ahall be the parent bank and may retain and con tinue to operate any or all places of business banking locations of the selling bank as cither a branch bank, a bank office, or a bank facility, ao ia branch offices so long as they are consistent with and may be authorized by this part.
(f) The provisions of any other lawa to the contrary notwithstanding, a parent bank or branch bank located in a county or in a municipality of such county, cither of which owna or opcratoa, or both, an airport located within auch county or municipality, or partly within and partly without sueh county or municipality, may, subject to the con ditiona provided in thia part, and upon obtaining approval and a permit from the com miasionor, establish and operate a bank office or offices, or a bank facility or facilities, within the confines of the primary airport terminal facilities at such airport, whether or not the location of any auch office or facility is within or without the county or mu nicipality in which the parent or branch bank is aituatcd.

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(g) The department's approval may be revoked if conditions in the approval have not been satisfied or if other violations of law occur as a result of the branch office's open ing or operation.
7-1-603.

(a) An approved banking location may have an extension, which is not a branch or main office, at which banking activities may occur. The extensions described in this Code section do not require approval but may have certain restrictions or required no tifications. As uacd in this Code section, the term:
(b) The following are extensions:
(1) 'Automated teller machine' means electronic equipment which performs routine banking transactions including, but not limited to, the taking of deposits for the public at locations off premises of a parent bank, branch bank, bank office, or bank facility bank's main or branch office under regulations prescribed by the commissioner.
(2) 'Cash dispensing machine' means for the purposes of this part and as used in paragraph (4) of subsection (b) of Code Section 7-1-241 an automated or electronic terminal which dispenses cash or scrip redeemable for goods and services or for cash, goods, and services. Such machines may provide account information but may not initiate intrabank transactions other than those necessary and incidental to the dispensing of cash.
(3) 'Point-of-sale terminal' means electronic equipment located in nonbank business outlets to record electronically with a bank transactions occurring as a result of the sale of goods or services.
For purposes of this Code section, the terms 'automated teller machine,' 'point-of-sale terminal,' and 'cash dispensing machine' shall not include personal communication de vices such as telephones, computer terminals, modems, and other similar devices which are not accessible to the general public but are intended for use by a single bank customer. It is not the intent of this Code section to limit the ability of banks or other entities to utilize personal communication devices. The department may by reg ulation further define the meaning of 'automated teller machine,' 'point-of-sale termi nal,' 'cash dispensing machine,' and 'personal communication device' consistent with the objectives set forth in Code Section 7-1-3.
(c) The following are restrictions on location of an extension:
(b) Notwithstanding any other provisions of thia part, a bank may cotnbliah and oper ate an additional location aa provided in this Code section which shall not bo consid ered a bank office or bank facility as defined in this part, but such additional location ahall bo deemed an extension of the existing parent bank, branch bank, bank office, or bank facility and shall require no approval from the department unless otherwise

(e) Any such extension may be cotabliahcd under the following conditions and circumstancca only:
(1) Within the boundary linca of a single contiguous area of property owned or leased and occupied aa a banking houac or place of business by aueh parent bank, branch bank, bank office, or bank facility, whether or not such extension io physi cally connected to the banking house or place of business;

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(3) Within 300 yards of a parent bank, branch bank, bank office, or bank facility, whether or not such extension ia phyaically connected to the banking house or place of buoincaa and after being granted the prior written approval of the department stating that auch extension qualifies for thia exception;
(ffid) Any bank doing a lawful banking business in this state may operate auto mated teller machines which shall be unstaffed and may be located throughout the state. These machines may be operated individually by any bank or jointly on a cost-sharing basis by two or more banks or other financial institutions;
(4X2) Any bank may operate cash dispensing machines throughout the state. Access to and use of cash dispensing machines may be available to all banks in this state on an individual or a shared basis; er and
(6X3) A point-of-sale terminal may be located anywhere in the state.
(d) An extension not defined in subsection (b) is permitted, provided such extension is located within the boundary lines of a single contiguous area of property owned or leased by the bank and used as a banking location, or if it is within 200 yards of such a banking location. Banking services may be performed at the extension. Written no tification to the department is required for such extension. 7-1-604.

No bank shall carry on or conduct or do a banking business in this state except on the prcmiaca of the place of business (banking house) established and operated under and pursuant to a permit from the department, in accordance with the provisions of this title which govern entry into this state to conduct such a business. 'A banking busi ness' is the business which a bank is authorized to do pursuant to Part 3 of thia arti efe--It ia intended that thia Code acction be construed as a part of the laws of thia state dealing with branch banking this title.
7-1-605.

(a)(l) Except as provided in paragraph (5) of this subsection, 'bank holding com pany' means any company which has control over any bank or over any company that is or becomes a bank holding company by virtue of this part.
(2) Any company has 'control' over a bank or over any company if:
(A) The company directly or indirectly or acting through one or more other per sons owns, controls, or has power to vote 25 percent or more of any class of voting securities of the bank or company;
(B) The company controls in any manner the election of a majority of the direc tors or trustees of the bank or company; or
(C) The commissioner determines, after notice and opportunity for hearing, that the company directly or indirectly exercises a controlling influence over the man agement or policies of the bank or company.
(3) For the purposes of any proceeding under subparagraph (C) of paragraph (2) of this subsection, there is a presumption that any company which directly or indi rectly owns, controls, or has power to vote less than 5 percent of any class of voting securities of a given bank or company does not have control over that bank or company.
(4) In any administrative or judicial proceeding under this part, other than a pro ceeding under subparagraph (C) of paragraph (2) of this subsection, a company may not be held to have had control over any given bank or company at any given time

WEDNESDAY, FEBRUARY 24, 1999

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unless that company, at the time in question, directly or indirectly owned, con trolled, or had power to vote 5 percent or more of any class of voting securities of the bank or company, or had already been found to have control in a proceeding under subparagraph (C) of paragraph (2) of this subsection.
(5) Notwithstanding any other provision of this subsection:
(A) No bank and no company owning or controlling voting shares of a bank is a bank holding company by virtue of its ownership or control of shares in a fiduci ary capacity, except as provided in paragraphs (2) and (3) of subsection (c) of this Code section. For the purpose of the preceding sentence, bank shares shall not be deemed to have been acquired in a fiduciary capacity if the acquiring bank or company has sole discretionary authority to exercise voting rights with respect thereto, except that this limitation is applicable in the case of a bank or company acquiring such shares prior to July 1, 1976, only if the bank or company has the right, consistent with its obligations under the instrument, agreement, or other arrangement establishing the fiduciary relationship, to divest itself of such voting rights and fails to exercise that right to divest within a reasonable period not to exceed one year after July 1, 1976; and
(B) No company is a bank holding company by virtue of its ownership or control of shares acquired in securing or collecting a debt previously contracted in good faith until two years after the date of acquisition.
(6) For the purposes of this part, any successor to a bank holding company shall be deemed to be a bank holding company from the date on which the predecessor com pany became a bank holding company.
(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.
(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) The 'Georgia Bank Holding Company Act' shall mean and include Code Sections 7-1-605 through 7-1-608 together with Part 19 of this article and any applicable rules and regulations.
(4) '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 in fluence, as determined by the commissioner after notice and opportunity for hearing.

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(4X5) 'Successor' shall include any company which acquires directly or indirectly from a bank holding company shares of any bank, when and if the relationship be tween such company and the bank holding company is such that the transaction ef fects 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.
(c) For the purposes of this part:
(1) Shares owned or controlled by any subsidiary of a bank holding company shall be deemed to be indirectly owned or controlled by such bank holding company;
(2) Shares held or controlled directly or indirectly by trustees for the benefit of: (A) A company; (B) The shareholders or members of a company; or (C) The employees (whether exclusively or not) of a company;
shall be deemed to be controlled by such company; and
(3) Shares transferred after July 1, 1976, by any bank holding company (or by the company which, but for such transfer, would be a bank holding company) directly or indirectly to any transferee that is indebted to the transferor, or has one or more of ficers, directors, trustees, or beneficiaries in common with or subject to control by the transferor, shall be deemed to be indirectly owned or controlled by the trans feror unless the commissioner, after opportunity for hearing, determines that the transferor is not in fact capable of controlling the transferee. 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 con trol of any voting shares of any bank if, after such acquisition, such company will directly or indirectly own or control more than 5 percent or more of the voting shares of such bank;
(D) For any bank holding company or subsidiary thereof, other than a bank, to ac quire 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 fed eral Bank Holding Company Act of 1956, as amended.
(2) Notwithstanding paragraph (1) of this subsection, this prohibition shall not ap ply 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 subsec tion (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

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835

(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 collect ing any such previously contracted debt shall be disposed of within a period of two years from the date on which they were acquired;
(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 by rule, regulation, or written policy a streamlined or alternative procedure, if such procedure specifi cally 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 ac quiring 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 disap proved, the acquiring hank 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 com petition, 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 pro posed transaction are clearly outweighed in the public interest by the probable ef fect of the transaction in meeting the convenience and needs of the community to be served.
(2) In every case, the 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 commis sioner entered prior to July 1, 1976.
(d) The commissioner shall not grant any such contemplated approval until he or she shall first cause reasonable public notice of the proposed action to be given in the area to be affected and until he or she shall first afford to the public an opportunity to sub mit, 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 sec tion 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 an-

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other 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 office of such other banking subsidiary. Nothing in this subsection shall be deemed to supersede, re scind, 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, requirement, or condition of Part 14, 15, r 16, 19, or 20 of this article which would otherwise be applicable to any the merger of banks or the ac quisition or aay sale of all or substantially all of the assets of a bank.

7-1-607.

(a) On July 1, 1976, and annually thereafter on dates established by the commis sioner, each bank holding company shall register with the commissioner on forms pro vided or prescribed by him or her, which shall may include such information with re spect to the financial condition, operation, management, and intercompany relationships of the bank holding company and its subsidiaries and related matters as the commissioner may deem necessary or appropriate to carry out the purposes of this part.
(b) The commissioner is authorized to issue such regulations and orders as may be necessary to enable him or her to administer and carry out the purposes of this Code section and prevent evasions thereof, and for the purpose of lessening the regulatory burden to waive certain requirements associated with the annual reporting require ments for bank holding companies that do not have their principal place of business in Georgia and do not own Georgia banks.
(c) The commissioner from time to time may require reports under oath to keep him or her informed as to whether the provisions of this Code section and such regulations and orders thereunder issued by him or her have been complied with; may make ex aminations of each bank holding company and each subsidiary thereof, the cost of which may be assessed against and paid by such holding company; and shall, as far as possible, use the reports of examination made by the comptroller of the currency Of fice of the Comptroller of the Currency, Federal Deposit Insurance Corporation, or the Board of Governors of the Federal Reserve System for the purposes of this Code section.
(d) Bank holding companies and subsidiaries or affiliates thereof shall be regulated, controlled, and examined by the commissioner to the same extent that he or she regu lates, controls, and examines state banks and other financial institutions under his or her jurisdiction, which would be in addition to the authority of the Federal Reserve Board as fixed by the laws of the United States. The commissioner is authorized, di rected, and required to promulgate, with precision, rules and regulations and invest ment procedures in the regulation, examination, and control of bank holding compa nies doing business in this state.

7-1-608.

(a) It shall be unlawful for a bank holding company to acquire direct or indirect own ership or control of any voting shares of any bank, including any federal savings and loan association or federal savings bank, if, after such acquisition, such bank holding company will directly or indirectly own or control 5 percent or more of the voting shares of such bank, or for any company to become a bank holding company as a re sult of the acquisition of control of such bank, unless:

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(1) The bank being acquired is either a 'bank' for the purposes of the federal Bank Holding Company Act of 1956, as amended (12 U.S.C. Section 1841), or a 'savings and loan,' a 'state savings and loan,' a 'savings bank,' or a 'federal savings bank' whose deposits are insured under a federal deposit insurance program; and
(2) Such bank or any predecessor inatitution of the type described in paragraph (1) of this subsection has been in existence and continuously operating or incorporated as a bank for a period of five years or more prior to the date of acquisition.
(b) Nothing in this Code section ohall prohibit Notwithstanding the provisions of this Code section, the following activities are permitted. These activities regarding acquisi tions by purchase and by formation are to be considered exceptions to the five-year age requirement contained in paragraph (2) of subsection (a) of this Code section:
(1) A bank holding company from acquiring may acquire all or substantially all of the shares of a bank or trust company organized solely for the purpose of facilitating the acquisition of a federal or state chartered bank, savings and loan association, savings bank, building and loan association, or other corporation doing a banking business in this state or the trust department of such institutions, which has been in existence and continuously operating or incorporated as such an institution or ex ercising trust powers for the minimum period prescribed in subsection (a) of this Code section;-er
(2) A company from becoming may become a bank holding company by virtue of ac quiring control of a bank if neither the company, nor any other company controlled by or controlling such company, controls any other bank domiciled in this state or elsewhere; provided, however, auch resulting bank holding company may not acquire another bank until its initial banking oubaidiary has been incorporated for not less than 24 months.
(3) A bank holding company registered with the department and owning a bank that does a lawful banking business in this state may acquire control through for mation of a de novo bank in Georgia, provided that departmental approval and any required federal approvals are obtained. No out-of-state bank holding company may enter Georgia to do a banking business by formation of a de novo bank; and
(4) A de novo bank established or formed pursuant to paragraph (3) of this subsec tion shall be subject to the five-year age requirement contained in paragraph (2) of subsection (a) of this Code section. A bank holding company may, however, merge or consolidate a de novo bank which may be less than five years old and that is estab lished pursuant to paragraph (3) into another bank owned by that holding company.
(c) The department may waive the application of the five-year age requirement in the case of a bank that has been found by federal or state regulators to be:
(1) Insolvent or in an unsafe or unsound condition to transact its business;
(2) In a condition where it has generally suspended payment of its obligations with out authority of law; or
(3) Under any plan, order, or agreement of any kind with the FDIC under Section 12, 13, or 38 of the Federal Deposit Insurance Act, 12 U.S.C. Section 1811, et seq., as amended."

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SECTION 18.
Said chapter is further amended by striking paragraph (5) of Code Section 7-1-621, re lating to definitions applicable to interstate acquisitions, and inserting in lieu thereof a new paragraph to read as follows:
"(5) 'Banking office' or 'banking location' means any parent bank, branch bank, or bank a main office or a branch office as such terms are defined in this chapter or any other office at which a bank accepts deposits."
SECTION 19.
Said chapter is further amended by striking subsections (a) and (b) of Code Section 7-1622, relating to provisions applicable to interstate acquisitions or mergers by bank hold ing companies, and inserting in lieu thereof new subsections to read as follows:
"(a) A bank holding company may acquire a bank having banking officca in Georgia, and a bank holding company having its principal place of business in this state may acquire a bank having banking offices in another state, upon compliance with the pro visions of Code Sections 7-1-605 through 7-1-612 and in particular Code Section 7-1606, which provisions shall be expressly applicable to any such acquisition. Compli ance with all applicable regulations, and payment of applicable fees, and registration of the holding company shall be required and the. The restrictions of this Code section shall apply.
(b) Notwithstanding anything contained in subsection (a) of this Code section and sub ject to the permitted acquisitions of subsection (b) of Code Section 7-1-608, no bank or bank holding company may:
(1) Directly or indirectly acquire a Georgia bank unless such bank or any such bank's predecessor inatitution has been in existence and continuously operated or incorporated as a bank for a period of five years or more prior to the date of acquisi tion. Notwithstanding the foregoing, nothing shall prohibit an out-of-state bank holding company from acquiring all or substantially all of the shares of a Georgia bank organized solely for the purpose of facilitating the acquisition of a bank which has been in existence and continuously operated as a bank for the requisite fiveyear period; or
(2) Directly or indirectly acquire a bank having banking offices in Georgia if:
(A) Immediately before the consummation of the acquisition for which an applica tion is filed, the applicant (including any insured depository institution affiliate of the applicant) controls any insured depository institution or any branch of an in sured depository institution in this state; and
(B) The applicant (including all insured depository institutions which are affiliates of the applicant), upon consummation of the acquisition, would control 30 percent or more of the total amount of deposits of insured depository institutions in this state. The commissioner may by regulation adopt a procedure whereby the fore going limitations on concentration of deposits may be waived upon showing of good cause. This restriction shall not apply, in the discretion of the commissioner, to transactions complying with paragraph (1) of subsection (b) of Code Section 7-1623."
SECTION 20.
Said chapter is further amended by striking subsection (a) of Code Section 7-1-623, re lating to acquisitions not requiring department approval, and inserting in lieu thereof a new subsection to read as follows:

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"(a) Subject to any applicable restrictions or exceptions provided for in subsection (b) of Code Section 7-1-622, a bank holding company having a bank subsidiary with bank ing offices in Georgia may acquire a bank that does not have banking offices in this state, and a bank holding company, which may or may not have an out-of-state bank subsidiary having only branch offices in Georgia, may acquire an out-of-state bank with branch offices in Georgia, but shall notify the department at least 30 days prior to the consummation of the proposed transaction. The notification requirements of this subsection shall be satisfied by furnishing the department with a copy of the ap plication or applications filed with applicable bank supervisory agencies seeking ap proval for the proposed transaction and such other information as the department shall request. In lieu of furnishing the entire application, the applicant may submit to the department a description of the transaction within the same time frame. In this event, the department shall request further information only if needed. The depart ment may, for good cause shown, object to the transaction by letter to the bank hold ing company and to the appropriate federal or state regulator before consummation of the transaction. Annual registration of the holding company with the department is required so long as it has banking offices in Georgia."
SECTION 21.
Said chapter is further amended by striking paragraph (4) of Code Section 7-1-628.1, re lating to definitions governing interstate banking and branching by merger, and in serting in lieu thereof a new paragraph to read as follows:
"(4) 'Branch' in the context of this part shall have the same meaning as 'domestic branch' in 12 U.S.C. Section 1813(o) of the Federal Deposit Insurance Act. It shall not ncccaaarily have the oamc meaning as 'branch bank' in paragraph (5) of Code Section 7 1-600, which definition acrvcs the purposes of intrastatc branching restric tions. Nothing contained in this part shall be construed to amend or modify the provisions of any other part of this article, in particular but not limited to laws re garding intraatato branching."
SECTION 22.
Said chapter is further amended by striking subsection (b) of Code Section 7-1-628.3, re lating to prohibited interstate merger transactions, and inserting in lieu thereof a new subsection to read as follows:
"(b) An interstate merger transaction shall not be permitted under this part unless the Georgia bank or any predecessor bank shall have been in existence and continu ously operating or incorporated as a bank on the date of such merger or acquisition for a period of at least five years, subject to any applicable exception contained in subsec tion (b) of Code Section 7-1-608."
SECTION 23.
Said chapter is further amended by striking subsection (b) of Code Section 7-1-628.4, re lating to permissible interstate merger transactions, and inserting in lieu thereof a new subsection to read as follows:
"(b) An out-of-state bank may enter into an interstate merger transaction with a Georgia bank, and an out-of-state bank resulting from such transaction may maintain and operate branches in Georgia. The requirements of Code Section 7-1-628.5 shall be met by the resulting bank. In order to consummate such a merger with a resulting out-of-state state bank, a Georgia state bank shall comply with Code Sections 7-1-531 through 7-1-533 and 7-1-537, except that the format of the articles of merger submit ted in accordance with Code Section 7-1-532 may be in conformity with the resulting

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bank's home state law if such law requires a format different from that specified by Code Section 7-1-532. A Georgia state bank shall comply with Code Section 7-1-556 if a national bank or a federal savings bank is to be the resulting bank."

SECTION 24.
Said chapter is further amended by striking Code Section 7-1-628.5, relating to require ments for resulting out-of-state banks, and inserting in lieu thereof a new Code section to read as follows:
"7-1-628.5.

(a) An out-of-state bank that is to be the resulting bank of an interstate merger trans action shall comply or assure compliance with the following requirements:
(1) Part 19 of this article, if applicable to the transaction shall require any holding company of the resulting bank to comply with Code Sections 7-1-605 through 7-1612;
(2) An out-of-state bank that will be the resulting bank pursuant to an interstate merger transaction involving a Georgia state bank shall notify the commissioner of the proposed merger not later than the date on which it files an application for an interstate merger transaction with the responsible federal bank supervisory agency, provide such information as the commissioner may specify, and pay any filing fee re quired by regulation;

(3) Prior to consummation of the merger, the resulting bank shall provide the com missioner with satisfactory evidence of all required approvals from all relevant bank supervisory agencies;

(4) An out-of-state bank holding company that may be the owner of the resulting bank shall provide satisfactory evidence to the commissioner of compliance with ap plicable requirements of Article 15 of Chapter 2 of Title 14 of the Georgia Business Corporation Code, 'Foreign Corporations,' and shall notify the department of its loca tion, any changes in its initial registered office within this state, and the name of its registered agent at such location. An out-of-state resulting bank shall notify the de partment of the location of its initial office, any subsequent registered office, and the name of its current registered agent;
(5) Each bank or bank holding company attempting to establish interstate branches in Georgia shall provide to the department a certification that all applicable Georgia laws and regulations have been satisfied or a copy of the Uniform Interagency Branch Application. The department may, if appropriate and after its own investi gation, provide to the appropriate applicable state or federal regulator a certificate of compliance or a statement of noncompliance with Georgia law, together with any advisory comments; and
(6) The out-of-state bank must certify to the department that while it maintains a branch in Georgia it will meet the conditions set forth in this part and comply with all applicable Georgia laws and any rules issued under the laws of this state, as well as any orders or directives issued to the bank by the commissioner.
(b) In order to facilitate the cooperation between state regulatory authorities, an outof-state state bank that is the resulting bank of an interstate merger transaction shall comply or assure compliance with the following additional requirements:

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(1) The supervisor of the out-of-state state bank must agree to share with the com missioner examination reports prepared by the supervisor and any other informa tion deemed necessary by the commissioner regarding such bank. The exam reports from any other state shall be considered to be the other state's property and shall be protected as confidential by Georgia law; and
(2) The out-of-state state bank must agree to make available to the commissioner any information that may be required to effectively examine the branch deemed nec essary to protect Georgia consumers."
SECTION 25.
Said chapter is further amended by striking subsection (c) of Code Section 7-1-628.6, re lating to powers of out-of-state banks branching into Georgia, and inserting in lieu thereof a new subsection to read as follows:
"(c) An out-of-state bank that has established or acquired a branch in Georgia under this part may establish or acquire additional branches in Georgia to the same extent, but to no greater extent, that any Georgia bank may establish or acquire a branch in Georgia under applicable federal and state law. Notification to the department from the bank is required at the same time as the application is made to the federal regula tor. A letter describing the transaction shall constitute the required notification and may be written and sent by the bank or the home state regulator."
SECTION 26.
Said chapter is further amended by striking paragraph (5) of Code Section 7-1-650, re lating to powers of credit unions, and inserting in lieu thereof a new paragraph to read as follows:
"(5) It may borrow from any source, but the total of such borrowings shall at no time exceed 50 percent of paid-in shares, deposits, and surplus. The department may, notwithstanding the other provisions of this Code section, temporarily waive the requirements of this paragraph to permit an individual credit union to borrow for emergency purposes;"
SECTION 27.
Said chapter is further amended by striking Code section 7-1-704, relating to rules and regulations for enforcement of the article, and inserting in lieu thereof a new Code sec tion to read as follows:
"7-1-704.

(a) Without limitation on the power conferred by Article 1 of this chapter, the depart ment may make reasonable rules and regulations, not inconsistent with law, for the interpretation and enforcement of this article.
(b) To assure compliance with the provisions of this article and in consideration of any application to renew a license pursuant to the provisions of Code Section 7-1-703, the department or its designated agent may examine the books and records of any licensee to the same extent as it is authorized to examine financial institutions under this chapter. Each licensee shall pay an examination fee as established by regulations of the department to cover the cost of such examination.
(c) To assure compliance with the provisions of this article, the department may re view the fees charged and fee income of any person cashing checks for a fee who claims exemption from licensing. Each person claiming exemption who is reviewed shall pay an hourly fee as provided in departmental regulations when the review re-

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quires more than four examiner hours and the review results in a finding that a li cense is required. The department, in its discretion, may permit the party claiming exemption to supply to the department the necessary books and records for its review at department headquarters.
(d) The department shall remit all examination fees paid by licensees in accordance with Code Section 7-1-43, net of any cost paid to third parties authorized by the de partment to perform such examination services."
SECTION 28.
Said chapter is further amended by striking Code Section 7-1-731, relating to the defini tion of a domestic international banking facility, and inserting in lieu thereof a new Code section to read as follows:
"7-1-731.

As used in this article, the term 'domestic international banking facility' means the lo cation within this state of any banking office, other than an 'international bank agency,' as defined in Code Section 7-1-710, which derives its funds (1) from sources outside of the United States, (2) from another domestic international banking facility, or (3) from temporary advances from its parent organization and employs those funds for banking purposes outside of the United States or through its parent organization, but does not accept deposits subject to check or draft. A domestic international bank ing facility, when properly established pursuant to this article, shall not be considered to be a 'parent bank,' 'branch bank,' 'bonk office,' or 'bank facility,' 'branch office' or 'main office' as defined in Code Section 7-1-600."
SECTION 29.
Said chapter is further amended by striking paragraph (3) of subsection (a) of Code Sec tion 7-1-845, relating to miscellaneous felonies, and inserting in lieu thereof a new para graph to read as follows:
"(3) Willfully engages in the business of:
(A) A bank in violation of Code Section 7-1-241;
(B) A trust company in violation of Code Section 7-1-242;
(C) A credit union in violation of Code Section 7-1-633;
(D) Selling checks before receiving a license as required by Code Section 7-1-681;
(E) An international bank agency before receiving the license required by Code Section 7-1-713;
(F) A business development corporation before approval of the department is granted under Code Section 7-1-743; er
(G) A building and loan association before its articles are approved; or
(H) Transacting business either directly or indirectly as a mortgage broker or mortgage lender unless licensed by the department or exempt from licensing pur suant to Code Section 7-1-1001; or".
SECTION 30.
Said chapter is further amended by striking paragraph (11) of subsection (a) of Code Section 7-1-1001, relating to exemptions from licensing as mortgage brokers or mortgage lenders for certain persons and entities, and inserting in lieu thereof a new paragraph to read as follows:

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(11) A natural person employed by a licensed mortgage broker, a licensed mortgage lender, or any person exempted from the licensing requirements of this article when acting within the scope of employment with and under the supervision of the licen see or exempted person as an employee and not as an independent contractor. To be exempt, a natural person must be employed by only one such employer;".
SECTION 31.
Said chapter is further amended by striking Code Section 7-1-1003, relating to applica tions for mortgage broker or mortgage lender licenses, and inserting in lieu thereof a new Code section to read as follows:
"7-1-1003.

(a) An application for a license under this article shall be made in writing, under oath, and in such form as the department may prescribe. The department, by regula tion, may prescribe different classes of licenses for both mortgage brokers and mort gage lenders.
(b) The application shall include the following:
(1) The legal name, residence, and buoincoo and address of the applicant and, if the applicant is a partnership, association, or corporation, of every member, officer, and director thereof;
(2) The name under which the applicant will conduct business in Georgia;
(3) The address of the main office or principal place of business where books and records are located and any other locations at which the applicant will engage in any business activity covered by the provisions of this article, together with the mailing address where the department shall send all correspondence, orders, or no tices. Any changes in this mailing address must be delivered in writing to the de partment before the change is effective;
(4) The complete name and address of the applicant's initial registered agent and registered office for service of process in Georgia. If the applicant is a Georgia corpo ration, this registered agent shall be the same as the agent recorded with the Secre tary of State. Any changes in the registered agent or registered office shall be delivered in writing to the department and the Secretary of State, if applicable, before the change is effective. The registered agent may, but is not required to, be an of ficer of the applicant, and the registered office must be a Georgia location where the registered agent may be served and any other loeationo at which the applicant will engage in any business activity covered by thia article;
(4-X5) The general plan and character of the business;
(6)(6) A financial statement of the applicant; and
(6X7) Such other data, financial statements, and pertinent information as the de partment may require with respect to the applicant, its directors, trustees, officers, members, agents, or ultimate equitable owners of 10 percent or more of the applicant.
(c) The application shall be filed together with:
(1) Investigation and supervision fees established by regulation. The investigation fee shall not be refundable; provided, however, any supervision fee paid at the time of the application shall be refunded if the license is not granted; and

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(2) A corporate surety bond issued by a bonding company or insurance company au thorized to do business in this state and approved by the department, provided that such bond is required by this paragraph or by subparagraph (d)(2)(B) of Code Sec tion 7-1-1004. The bond for a mortgage broker shall be in the principal sum of $50,000.00 or such greater sum as the department may require. The bond shall be in a form satisfactory to the department and shall run to the State of Georgia for the benefit of any persons damaged by noncompliance of a licensee with any condi tion of such bond. Such bond shall be continuously maintained thereafter in full force. Such bond shall be conditioned upon the applicant or the licensee conducting his or her licensed business in conformity with this article and all applicable laws. Any person who may be damaged by noncompliance of a licensee with any condition of such bond may proceed on such bond against the principal or surety thereon, or both, to recover damages. The provisions of this paragraph shall not apply to any mortgage broker who provides the department with an audited financial statement, which statement demonstrates that the broker has a bona fide and verifiable tangi ble net worth of $25,000.00."
SECTION 32.
Said chapter is further amended by striking Code Section 7-1-1003.1, relating to a physi cal place of business, and inserting in lieu thereof a new Code section to read as follows:
"7-1-1003.1.
If the applicant for a mortgage broker license or a renewal of such license does not have a physical place of business in Georgia, a license or renewal may only be issued if the applicant's home state does not require that in order to be licensed a mortgage broker must have a physical place of business in such home state. In either case, an applicant must have a registered agent and a registered office in this state."
SECTION 33.
Said chapter is further amended by striking subsections (a) through (e) of Code Section 7-1-1004, relating to the department's investigation of the applicant, and inserting in lieu thereof new subsections to read as follows:
"(a) Upon receipt of an application for license, the department shall conduct such in vestigation as it deems necessary to determine that the applicant and its officers, di rectors, and principals are of good character and ethical reputation; that the applicant demonstrates reasonable financial responsibility; that the applicant has reasonable policies and procedures to receive and process customer grievances and inquiries promptly and fairly; and that the applicant has and maintains aft a registered agent for service in this state.
(b) The department shall not license any applicant unless it is satisfied that the appli cant may be expected to operate its mortgage lending or brokerage activities in com pliance with the laws of this state and in a manner which protects the contractual and property rights of the citizens of this state.
(c) Except as otherwise provided in subsection (d) of this Code section, the department shall not license or register any mortgage lender unless the applicant or registrant submits audited financial statements covering the most recent fiscal year preceding the date of the application or registration or and such other financial data as the de partment may require which disclose that the applicant or registrant has a bona fide and verifiable tangible net worth of $250,000.00 or such greater amount as the depart ment may require, which net worth must be continuously maintained as a condition of

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licensure or registration. The department may promulgate regulations with respect to the definition of net worth and the requirement for maintaining net worth as a condi tion of licensure or registration.
(d) The department may issue a mortgage lender's license to an applicant with a bona fide and verifiable tangible net worth of less than $250,000.00 but not less than $100,000.00, provided that such applicant satisfies the following requirements in addi tion to all other applicable requirements for licensure under this article:
(1) In support of an application for a mortgage lender's license, the applicant shall certify that such applicant transfers or assigns all mortgage loans funded with such applicant's own funds, including, but not limited to, draws on a warehouse line of credit, to another mortgage lender prior to the due date of the first payment by the borrower, but in no event later than 45 days after the date of funding; and
(2) In support of an application for a mortgage lender's license, the applicant shall submit the following to the department:
(A) Audited financial statements covering the applicant's most recent fiscal year preceding the date of the application ef and such other financial data as the de partment may require that demonstrate that the applicant has a bona fide and verifiable tangible net worth of $100,000.00 or such greater amount as the depart ment may require;
(B) A corporate surety bond in the principal amount of $100,000.00, which bond shall be issued by a bonding company or insurance company authorized to do bus iness in this state and approved by the department, and which bond shall comply with the requirements for corporate surety bonds set forth in paragraph (2) of subsection (c) of Code Section 7-1-1003; and
(C) Evidence of its approval to participate as a mortgagee loan correspondent in the mortgage insurance programs administered by the United States Department of Housing and Urban Development.
(e) The department may not issue or may revoke a license if it finds that the appli cant, or any person who is a director, officer, partner, agent, employee, or ultimate eq uitable owner of 10 percent or more of the applicant, has been convicted of a felony in volving 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 con victed 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 Gover nor or other pardoning authority in the jurisdiction where the conviction was had, or shall have received a certificate of good conduct received an official certification or pardon granted by the State Board of Pardons and Paroles pursuant to the proviaiona of the executive low to remove the disability under this subacction bccauac of which removes the legal disabilities resulting from such conviction and restores civil and po litical rights in this state."
SECTION 34.
Said chapter is further amended by striking Code Section 7-1-1006, relating to the con tents, posting, and transferral of a license, changing locations, and opening offices, and inserting in lieu thereof a new Code section to read as follows:

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"7-1-1006.

(a) Each license issued under this article shall state the address of the principal place of business or main office in Georgia or elsewhere and the name of the licensee.
(b) A licensee shall post a copy of such license in a conspicuous place in each place of business of the licensee.
(c) A license may not be transferred or assigned.
(d) No licensee shall transact business under any name other than that designated in the license.

(e) Each licensee shall notify the department in writing of any change in the address of the principal place of business or of any additional location of business, any change in registered agent or registered office, any change of principal officer, director, contact person for consumer complaints, or ultimate equitable owner of 10 percent or more of any corporation or other entity licensed under this article, or of any material change in the licensee's financial statement. Notice of a change in address or an addition of a new location shall be submitted no later than 15 days before the change is made. No tice of other changes must be received by the department nor-eet later than 30 busi ness days after the change is effective.
(f) No licensee shall open an additional office without prior approval of the depart ment. Applications for such approval shall be made in writing on a form prescribed by the department and shall be accompanied by payment of a $350.00 nonrefundable ap plication fee. The application shall be approved unless the department finds that the applicant has not conducted business under this article efficiently, fairly, in the public interest, and in accordance with law. The application shall be deemed approved if no tice to the contrary has not been mailed by the department to the applicant within 30 days of the date the application is received by the department. After approval, the ap plicant shall give written notice to the department within ten days of the commence ment of business at the additional office."
SECTION 35.
Said chapter is further amended by striking Code Section 7-1-1007, relating to notice to the department of creditor's actions or bond cancellations, and inserting in lieu thereof a new Code section to read as follows:
"7-1-1007.

(a) A licensee shall give notice to the department by registered or certified mail of any action which may be brought against it by any creditor or borrower where such action is brought under this article, involves a claim against the bond filed with the depart ment for the purposes of compliance with Code Section 7-1-1003 or 7-1-1004, or in volves a claim for damages in excess of 10 percent of the tangible net worth of the li ccnscc $25,000.00 for a broker and $250,000.00 for a lender and of any judgment which may be entered against it by any creditor or any borrower or prospective bor rower, with details sufficient to identify the action or judgment, within 30 days after the commencement of any such action or the entry of any such judgment.
(b) A T-fee corporate surety shall, within ten days after it pays any claim to any credi tor or claimant, give notice to the department by registered or certified mail of such payment with details sufficient to identify the claimant or creditor and the claim or judgment so paid. Whenever the principal sum of such bond is reduced by one or more recoveries or payments thereon, the licensee shall furnish a new or additional bond so that the total or aggregate principal sum of such bond or bonds shall equal

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847

the sum required under Code Section 7-1-1003 or 7-1-1004 or shall furnish an en dorsement duly executed by the corporate surety reinstating the bond to the required principal sum thereof.

(teXc) A bond filed with the department for the purpose of compliance with Code Sec tion 7-1-1003 or 7-1-1004 may not be canceled by either the licensee or the corporate surety except upon notice to the department by registered or certified mail with return receipt requested, the cancellation to be effective not less than 30 days after receipt by the department of such notice and only with respect to any breach of condition occur ring after the effective date of such cancellation.

(d) A licensee or registrant shall, within 10 days after knowledge of the event, report in writing to the department:

(1) Any knowledge or discovery of an act prohibited by Code Section 7-1-1013; and

(2) The discharge of any employee for dishonest or fraudulent acts.

Any person reporting such an event shall be protected from civil liability as provided in Code Section 7-1-1009."

SECTION 36.
Said chapter is further amended by striking Code Section 7-1-1009, relating to mainte nance of books and records and investigation and examination of licensees and regis trants, and inserting a new Code section to read as follows:
"7-1-1009.
(a) Any person required to be licensed or registered under this article shall maintain at its offices or such other location as the department shall permit such books, ac counts, and records as the department may reasonably require in order to determine whether such person is complying with the provisions of this article and rules and reg ulations 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 af fairs, business, premises, and records of any person required to be licensed or regis tered under this article insofar as such affairs, business, premises, and records pertain to any business for which a license or registration is required by this article. Notwith standing the provisions of this subsection, the department has the discretion to ex amine 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 another bank regulatory agency. In order to avoid unneces sary duplication of examinations, the department may accept examination reports per formed and produced by other state or federal agencies, unless the department deter mines 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:

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(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 enforce ment 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 other wise as the department determines, as to all the facts and circumstances concerning the matter to be investigated; sttA
(3) Disclose information concerning any violation of this article or any rule, regula tion, or order under this article, provided the information is derived from a final or der of the department^ and
(4) Disclose the imposition of an administrative fine or penalty under this article.
(d)(l) For the purpose of conducting any investigation as provided in this Code sec tion, 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 is sue 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 ad dressee'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 su perior 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. Fail ure to obey a subpoena may be punished as contempt by the court.
(f) Examinations and investigations conducted under this article and information ob tained by the department in the course of its duties under this article are confidential, except as provided in this subsection, pursuant to the provisions of Code Section 7-170. 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 to share information obtained under this article with other state and federal regulatory agencies or law enforcement authorities. Additionally, the commissioner or an exam iner specifically designated may disclose such limited information as is necessary to conduct a civil or administrative investigation or proceeding. In the case of such shar ing, the safeguards to confidentiality already in place within such agencies or authori ties shall be deemed adequate. Information contained in the records of the depart ment 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.

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(g) In the absence of malice, fraud, or bad faith, a person is not subject to civil liabil ity arising from the filing of a complaint with the department or furnishing other in formation required by this Code section or required by the department under the au thority 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 re ceived from law enforcement officials, their agents, or employees or to or from other regulatory or licensing authorities;
(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 per formance of activities or duties under this article or by publication of any report of ac tivities under this Code section."
SECTION 37.
Said chapter is further amended by striking subsection (b) of Code Section 7-1-1010, re lating to annual reports and financial statements, and inserting in lieu thereof new subsections to read as follows:
"(b) Each mortgage broker licensed or registered under this article shall submit to the department initially and at the time of renewal an unaudited financial statement cer tified to be true and correct by the mortgage broker; provided, however, that if the mortgage broker is using its net worth and not a surety bond to meet the require ments for licensure in Code Section 7-1-1003, the mortgage broker shall submit to the department with the initial application for licensure and with any renewal applica tions an audited financial statement. The department may require the mortgage bro ker to have made an audit of the books and affairs of the licensed or registered busi ness and submit to the department an audited financial statement if the department finds that such an audit is necessary to determine whether the mortgage broker is complying with the provisions of this article and the rules and regulations adopted in furtherance of this article.
(c) Each mortgage lender licensed or registered under this article shall at least once each year have made an audit of the books and affairs of the licensed or registered business and submit to the department an audited financial statement, except that a mortgage lender licensed or registered under this article which is a subsidiary shall comply with this provision by annually providing a consolidated audited financial statement of its parent company and a financial statement, which may be unaudited, of the licensee or registrant which is prepared in accordance with generally accepted accounting principles. An audit must be less than 15 months old to be acceptable. The department may by regulation establish additional minimum standards for audits and reports under this Code section."
SECTION 38.
Said chapter is further amended by striking Code Section 7-1-1013, relating to prohib ited acts, and inserting in lieu thereof a new Code section to read as follows:

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"7-1-1013.

It is prohibited for any person transacting a mortgage business in or from this state, including any person required to be licensed under this article and any person ex empted from the licensing requirements of this article under Code Section 7-1-1001, to:
(1) Misrepresent the material facts or make false statements or promises likely to influence, persuade, or induce an applicant for a mortgage loan, a mortgagee, or a mortgagor to take a mortgage loan, or pursue a course of misrepresentation througE agents or otherwise;
(2) Misrepresent or conceal or cause another to misrepresent or conceal material factors, terms, or conditions of a transaction to which tfee a mortgage lender or bro ker is a party, pertinent to an applicant or application for a mortgage loan or a mortgagor;
(3) Fail to disburse funds in accordance with a written commitment or agreement to make a mortgage loan;
(4) Improperly refuse to issue a satisfaction of a mortgage loan;
(5) Fail to account for or deliver to any person any personal property obtained in connection with a mortgage loan such as money, funds, deposit, check, draft, mort gage, or other document or thing of value which has come into the possession of the mortgage lender or broker and which is not the property of the mortgage lender or broker, or which the mortgage lender or broker is not in law or at equity entitled to retain;
(6) Engage in any transaction, practice, or course of business which is not in good faith or fair dealing, or which operates a fraud upon any person, in connection with the attempted or actual making of, er purchase of, or sale of any mortgage loan;
(7) Engage in any fraudulent home mortgage underwriting practices;
(8) Induce, require, or otherwise permit the applicant for a mortgage loan or mort gagor to sign a security deed, note, loan application, or other pertinent financial dis closure documents with any blank spaces to be filled in after it has been signed, ex cept blank spaces relating to recording or other incidental information not available at the time of signing;
(9) Make, directly or indirectly, any residential mortgage loan with the intent to foreclose on the borrower's property. For purposes of this paragraph, there is a pre sumption that a person has made a residential mortgage loan with the intent to foreclose on the borrower's property if the following circumstances can be demonstrated:
(A) Lack of substantial benefit to the borrower;
(B) Lack of probability of full payment of the loan by the borrower; and
(C) A significant proportion of similarly foreclosed loans by such person; or
(10) Provide an extension of credit or collect a mortgage debt by extortionate means."
SECTION 39.
Said chapter is further amended by striking Code Section 7-1-1018, relating to enforce ment, orders, penalties, and fines, and inserting in lieu thereof a new Code section to read as follows:

WEDNESDAY, FEBRUARY 24, 1999

851

"7-1-1018.

(a) Whenever it shall appear to the department that any person required to be li censed or registered under this article or any person employed by a licensee or regis trant pursuant to Code Section 7-1-1001 has violated any law of this state or any or der or regulation of the department, the department may issue an initial written order requiring such person to cease and desist immediately from such unauthorized prac tices. Such cease and desist order shall be final 20 days after it is issued unless the person to whom it is issued makes a written request within such 20 day period for a hearing. The hearing shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' A cease and desist order to an unlicensed person that orders them to cease doing a mortgage business without the appropriate license shall be final 30 days from the date of issuance, and there shall be no opportu nity for an administrative hearing. If the proper license or evidence of exemption or valid employment status is obtained within the 30 day period, the order shall be re scinded by the department. In the case of an unlawful purchase of mortgage loans, such initial cease and desist order to a purchaser shall constitute the knowledge re quired under subsection (b) of Code Section 7-1-1002 for any subsequent violations.

(b) Whenever a person required to be licensed under this article shall fail to comply with the terms of an order of the department which has been properly issued under the circumstances, the department, upon notice of three days to such person, may, through the Attorney General, petition the principal court for an order directing such person to obey the order of the department within the period of time as shall be fixed by the court. Upon the filing of such petition, the court shall allow a motion to show cause why it should not be granted. Whenever, after a hearing upon the merits or af ter failure of such person to appear when ordered, it shall appear that the order of the department was properly issued, the court shall grant the petition of the department.

(c) Any person required to be licensed under this article who violates the terms of any order issued pursuant to this Code section shall be liable for a civil penalty not to ex ceed $1,000.00. Each day during which the violation continues shall constitute a sepa rate offense. In determining the amount of penalty, the department shall take into account the appropriateness of the penalty relative to the size of the financial re sources of such person, the good faith efforts of such person to comply with the order, the gravity of the violation, the history of previous violations by such person, and such other factors or circumstances as shall have contributed to the violation. The depart ment may at its discretion compromise, modify, or refund any penalty which is subject to imposition or has been imposed pursuant to this Code section. Any person assessed as provided in this subsection shall have the right to request a hearing into the mat ter within ten days after notification of the assessment has been served upon the li censee involved; otherwise, such penalty shall be final except as to judicial review as provided in Code Section 7-1-90.

(d) Initial judicial review of the decision of the department entered pursuant to this Code section or Code Section 7-1-1017 shall be available solely in the superior court of the county of domicile of the department.

(e) All penalties and fines recovered by the department pursuant to as authorized by subsection (g) of this Code section shall be paid into the state treasury to the credit of the general fund; provided, however, that the department at its discretion may remit such amounts recovered, net of the cost of recovery, if it makes an accounting of all such costs and expenses of recovery in the same manner as prescribed for judgments received through derivative actions pursuant to the provisions of Code Section 7-1-441.

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(f) For purposes of this Code section, the term 'person' includes any officer, director, employee, agent, or other person participating in the conduct of the affairs of the per son subject to the orders issued pursuant to this Code section.
(g) In addition to any other administrative penalties authorized by this article, the de partment may, by regulation, prescribe administrative fines for violations of this arti cle and of any rules promulgated by the department pursuant to this article."
SECTION 40.
Said chapter is further amended by striking Code Section 7-1-1019, related to criminal penalties, and inserting in lieu thereof a new Code section to read as follows:
"7-1-1019.

Any person and the several members, officers, directors, agents, and employees thereof who:
(1) Shall violate the provisions of subsection (a) of Code Section 7-1-1002, by the willful transaction of a mortgage business without a license or exemption, shall be guilty of a felony punishable as provided in Code Section 7-1-845; or
(2) Shall shall violate any of the other provisions of this article shall be guilty of a misdemeanor and shall be punished by imprisonment for not more than one year or by a fine of not more than $1,000.00, or by both fine and imprisonment."
SECTION 41.
Chapter 5 of Title 7, relating to credit cards and credit card banks, is amended by strik ing paragraphs (8) and (9) of Code Section 7-5-2, relating to definitions, and inserting in lieu thereof new paragraphs to read as follows:
"(8) 'Holding For purposes of this chapter, 'holding company' means any company that controls a domestic or foreign lender or a credit card bank. The term 'company' and 'control' shall have the meanings set forth in Code Section 7-1-605.
(9) 'Qualifying organization' means a corporation, partnership, or other entity which at all times maintains an office in the State of Georgia at which it employs at least 250 persons residing in this state who are directly or indirectly engaged in providing the following services, either for the qualifying organization or on behalf of other do mestic or foreign lenders or credit card banks:
(A) The distribution of credit cards or other devices designed and effective to ac cess credit card accounts;
(B) The preparation of periodic statements of amounts due under credit card accounts;
(C) The receipt from credit card holders of amounts paid on or with respect to such accounts;-aml or
(D) The maintenance of financial records reflecting the status of such accounts from time to time.
The term 'qualifying organization' shall also include any domestic bank and credit card bank satisfying the employment and activities requirements set forth in this paragraph."

WEDNESDAY, FEBRUAEY 24, 1999

853

SECTION 42. Said chapter is further amended by striking paragraphs (4) and (7) of Code Section 7-53, relating to the organization of credit card banks, and inserting in lieu thereof new paragraphs to read as follows:
"(4) The credit card bank shall conduct its limited deposit taking business only from a single location in this state;"
"(7) The credit card bank may accept dcpoaito only from affiliatca of the credit card bank having thoir principal placca of business outside of this state not accept de mand deposits or deposits that the depositor may withdraw by check or similar means for payment to third parties or others, and it may not accept savings or time deposits of less than $100,000.00;^
SECTION 43. Said chapter is further amended by striking subsection (b) of Code Section 7-5-4, relat ing to credit card charges and fees, and inserting in lieu thereof a new subsection to read as follows:
"(b) The terms and conditions contained in the written agreement governing the credit card account between the domestic lender or credit card bank and the debtor shall be deemed to be material to the determination of interest, including, but not limited to:
(1) Those provisions relating to the computation and charging of finance charges au thorized by subparagraph (a)(l)(A) of this Code section;
(2) The fees and charges authorized by subparagraph (a)(l)(B) of this Code section; and
(3) All other terms and conditions of such written agreement, ahall be deemed to be material to the determination of interest."
SECTION 44. Said chapter is further amended by striking Code Section 7-5-6, relating to the applica bility of banking laws, and inserting in lieu thereof a new Code section to read as follows:
"7-5-6.

(a) A credit card bank shall be subject to the provisions of Chapter 1 of this title ex cept when any rights, powers, privileges, or provisions of Chapter 1 of this title are inconsistent with the rights, powers, privileges, provisions, or limitations of this chapter.
(b) A credit card bank shall not be considered a 'bank' for the purposes of Part 18 or Part 19 of Article 2 of Chapter 1 of this title; provided, however, every domestic lender, foreign lender, or holding company owning a credit card bank shall be subject to the provisions of Code Section 7-1-607, which concerns registration, reporting, and examination."
SECTION 45.
All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substi tute, was agreed to.

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

Y Alien
Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges
Y Brooks Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark
Coan Y Coleman, B Y Coleman, T
Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B
Y DeLoach, G
Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd N Franklin Y Golick
Graves
Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin E Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Jones Y Joyce Y Kaye Y Lane 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 Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y OTSTeal Y Orrock Y Parham Y Fairish E Parsons

Y Pelote Y Pinholster
Y Poag
Y Ponder
Y Porter
Y Powell Y Purcell
Y Ragas
Y Randall
Y Ray
Y Reaves
Y Reece
Y Reed
Reese
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 Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires
Y Stallings
Y Stancil
Y Stanley, P
Stanley-Turner
Y Stephens
Y Stokes
Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 166, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 522. By Representatives Buck of the 135th and Royal of the 164th:
A bill to amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, the "Georgia Fiscal Note Act," so as to change provisions relating to requests for and preparation of fiscal notes.
The following Committee substitute was read and withdrawn:
A BILL
To amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, the "Georgia Fiscal Note Act," so as to change provisions relating to requests for and preparation of fiscal notes; to provide for additional procedures and requirements; to provide for waiver conditions; to provide for circumstances when a second fiscal note need not be requested; to provide for related matters; to provide an effective date; to re peal conflicting laws; and for other purposes.

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855

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, the "Georgia Fiscal Note Act," is amended by striking Code Section 28-5-42, relating to introduction and consideration of bills impacting state revenues and expenditures, and inserting in its place a new Code section to read as follows:
"28-5-42.

(a)(l) Any bill having a significant impact on the anticipated revenue or expenditure level of any state department, bureau, board, council, committee, commission, or other state agency must be introduced no later than the twentieth day of any ses sion. The sponsor of such legislation must request a fiscal note from the Office of Planning and Budget and the Department of Audits and Accounts by December No vember 1 of the year preceding the annual convening of the General Assembly in which the bill is to be introduced, but subsequent to the preparation of such bill by the Office of Legislative Counsel. The director of the Office of Planning and Budget and the state auditor shall prepare and submit the fiscal note not later than the day of convening of the General Assembly. The principal administrative and fiscal of ficers of all departments, boards, councils, committees, commissions, and other agen cies of the state government and, when applicable, of counties, municipalities, and other political subdivisions are authorized and directed to cooperate fully with the director of the Office of Planning and Budget and the state auditor in providing any information and assistance necessary in the preparation of such fiscal notes.
(2) The failure to ae request a fiscal note by December 1 November 1 as provided in paragraph (1) of this subsection shall preclude consideration of the measure by the Senate or the House of Representatives unless the committee to which a bill is as signed in the chamber in which it is introduced:
(A)(i) Determines that such bill will have a significant impact as described in paragraph (1) of this subsection;
(ii) Waives the November 1 deadline of paragraph (1) of this subsection; and
(iii) Requests a fiscal note from the director of the Office of Planning and Budget and the state auditor, except as otherwise provided in paragraph (2) of subsection (c) of this Code section; or
(B)(i) Determines that such bill will not have a significant impact as described in paragraph (1) of this subsection; and
(ii) Waives the fiscal note requirement of paragraph (1) of this subsection.
Thia requirement, however, may be waived by the committee to which the bill ia aa aigncd in the chamber wherein the bill ia introduced. Any such determination and waiver shall be by the affirmative vote of a majority of the members of the committee? Any auch waiver by the committee and shall allow consideration of the measure by both chambers so long as the bill has been introduced not later than the twentieth day of any session.
(3)(3) Any general bill having a significant impact on the anticipated revenue or ex penditure level of counties and municipalities must be introduced no later than the twentieth day of any session. This article shall not apply to any local bill affecting a county or municipality which must be advertised in accordance with the require ments of Code Section 28-1-14, relating to the advertisement of local legislation.

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(b) In the event any bill aa provided in having a significant impact as described in paragraph (1) of subsection (a) of this Code section is introduced after the prescribed time limit, it shall not be considered or acted upon in any manner by either the Sen ate or the House of Representatives. The President of the Senate shall decide whether a bill which is introduced in the Senate falls within this category; and the Speaker of the House of Representatives shall decide whether a bill which is introduced in the House of Representatives falls within this category. The President of the Senate shall have the same right of decision on House bills which reach the Senate; and the Speaker of the House of Representatives shall have the same right of decision on Sen ate bills which reach the House of Representatives.
(c)(l) In the event a bill having a significant impact as described in paragraph (1) of subsection (a) of this Code section is introduced after the prescribed time limit, the The chairperson of the committee to which any such bill is referred shall request the director of the Office of Planning and Budget and the state auditor to submit any such fiscal note as to the fiscal effect of any such bill and to file a copy of such fiscal note with the legislative budget analyst. The chairperson shall make such request after the bill is referred to the committee. The chairperson may also specify a prior ity with respect to such requests in order to assist the director of the Office of Plan ning and Budget and the state auditor in providing a timely response.
(2) The chairperson shall not be required to make such request with respect to any bill for which:
(A) A fiscal note has been requested by the sponsor of the bill pursuant to para graph (1) of subsection (a) of this Code section and the chairperson has been duly notified in writing of such request by such sponsor; or
(B) The director of the Office of Planning and Budget and the state auditor have previously submitted a fiscal note pursuant to a request under paragraph (1) of subsection (a) of this Code section.
(3) The request shall be complied with by the director of the Office of Planning and Budget and the atntc auditor. During any regular session of the General Assembly, auch request ahall be complied with the director of the Office of Planning and Budget and the state auditor shall prepare and submit the fiscal note within five days after receipt of the request. The principal administrative and fiscal officers of all departments, boards, councils, committees, commissions, and other agencies of the state government and, when applicable, of counties, municipalities, and other political subdivisions are authorized and directed to cooperate fully with the director of the Office of Planning and Budget and the state auditor in providing any infor mation and assistance necessary in the preparation of such fiscal notes.
(d) The fiscal note required by aubscction (c) of this Code section shall include a relia ble estimate in dollars of the anticipated change in revenue or expenditures under the provisions of the bill. It shall also include a statement as to the immediate effect and, if determinable or reasonably foreseeable, the long-range effect of the measure. If, af ter careful investigation, it is determined that no dollar estimate is possible, the fiscal note shall contain a statement to that effect, setting forth the reasons why no dollar estimate can be given. In this event, the fiscal note shall contain an example based on a specific situation or reflecting the average group of persons possibly affected by the bill so as to provide an indication of the cost of such bill to the General Assembly. Assumptions used to develop these averages shall be noted in the fiscal note and the criteria included herein shall constitute a fiscal note. No comment or opinion regard ing the merits of the measure for which the statement is prepared shall be included in the fiscal note; however, technical or mechanical defects may be noted. The state au ditor and the director of the Office of Planning and Budget shall jointly prepare their fiscal note; and, if there is a difference of opinion between such officials, it shall be

WEDNESDAY, FEBRUARY 24, 1999

857

noted in the fiscal note. In the event the director of the Office of Planning and Budget and the state auditor concur that the fiscal note on any such bill cannot be prepared within the five-day limitation in effect during any regular session of the General As sembly, they shall so inform the chairperson in writing and shall be allowed to submit said note not later than ten days after the request for it is made.
(e) If the director of the Office of Planning and Budget or the state auditor has infor mation or knowledge that any bill will have a significant impact on the anticipated revenue or expenditure level of the state, any state department, bureau, board, coun cil, committee, commission, or other state agency, a fiscal note may be prepared ac cording to the criteria outlined in subsection (d) of this Code section. Such a fiscal note may be prepared without a request by the bill's author or the committees to which it is assigned in either chamber. Any fiscal note prepared according to this sub section shall be distributed consistent with Code Section 28-5-44."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representatives Royal of the 164th and Buck of the 135th, was read:

A BILL
To amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, the "Georgia Fiscal Note Act," so as to change provisions relating to requests for and preparation of fiscal notes; to provide for additional procedures and requirements; to provide for waiver conditions; to provide for circumstances when a second fiscal note need not be requested; to provide for related matters; to provide an effective date; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, the "Georgia Fiscal Note Act," is amended by striking Code Section 28-5-42, relating to introduction and consideration of bills impacting state revenues and expenditures, and inserting in its place a new Code section to read as follows:
"28-5-42.
(a)(l) Any bill having a significant impact on the anticipated revenue or expenditure level of any state department, bureau, board, council, committee, commission, or other state agency must be introduced no later than the twentieth day of any ses sion. The sponsor of such legislation must request a fiscal note from the Office of Planning and Budget and the Department of Audits and Accounts by December No vember 1 of the year preceding the annual convening of the General Assembly in which the bill is to be introduced, but subsequent to the preparation of such bill by the Office of Legislative Counsel. With respect to a member-elect of the General As sembly, such person must request a fiscal note from the Office of Planning and Budget and the Department of Audits and Accounts by December 1 of the year pre ceding the annual convening of the General Assembly in which the bill is to be in troduced, but subsequent to the preparation of such bill by the Office of Legislative

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Counsel. The director of the Office of Planning and Budget and the state auditor shall prepare and submit the fiscal note not later than the day of convening of the General Assembly.
(2) The failure to so request a fiscal note by December 1 November 1 as provided in paragraph (1) of this subsection shall preclude consideration of the measure by the Senate or the House of Representatives unless the committee to which a bill is as signed in the chamber in which it is introduced:
(A)(i) Determines that such bill will have a significant impact as described in paragraph (1) of this subsection;
(ii) Waives the applicable November 1 or December 1 deadline of paragraph (1) of this subsection;
(iii) Requests a fiscal note from the director of the Office of Planning and Budget and the state auditor, except as otherwise provided in subsection (e) of this Code section; and
(iv) Among fiscal notes so requested, the chairperson of such committee sug gests a preferred order of completion to guide the director of the Office of Plan ning and Budget and the state auditor; or
(B) Determines that such bill will not have a significant impact as described in paragraph (1) of this subsection.
This requirement, however, may be waived by the committee to which the bill ia aa signed in the chamber wherein the bill ia introduced.
(3) Any such determination or waiver shall be by the affirmative vote of a majority of the members of the committee-:--Any auch waiver by the committee and shall al low consideration of the measure by both chambers so long as the bill has been in troduced not later than the twentieth day of any session.
(3)(4) Any general bill having a significant impact on the anticipated revenue or ex penditure level of counties and municipalities must be introduced no later than the twentieth day of any session.
(5) This article shall not apply to any local bill affecting a county or municipality which must be advertised in accordance with the requirements of Code Section 28-114, relating to the advertisement of local legislation.
(b) In the event any bill aa provided in having a significant impact as described in paragraph (1) of subsection (a) of this Code section is introduced after the prescribed time limit twentieth day of any session, it shall not be considered or acted upon in any manner by either the Senate or the House of Representatives. The President of the Senate shall decide whether a bill which is introduced in the Senate falls within this category; and the Speaker of the House of Representatives shall decide whether a bill which is introduced in the House of Representatives falls within this category. The President of the Senate shall have the same right of decision on House bills which reach the Senate; and the Speaker of the House of Representatives shall have the same right of decision on Senate bills which reach the House of Representatives.
(c)(l) rFbe In the event a bill having a significant impact as described in paragraph (1) of subsection (a) of this Code section is introduced not later than the twentieth day of any session, the chairperson of the committee to which any such bill is re ferred shall request the director of the Office of Planning and Budget and the state auditor to submit any such fiscal note as to the fiscal effect of any such bill and to file a copy of such fiscal note with the legislative budget analyst. The chairperson shall make such request after the bill is referred to the committee.

WEDNESDAY, FEBRUARY 24, 1999

859

(2) The chairperson shall not be required to make such request with respect to any bill for which:
(A) A fiscal note has been requested by the sponsor of the bill pursuant to para graph (1) of subsection (a) of this Code section and the chairperson has been duly notified in writing of such request by such sponsor; or
(B) The director of the Office of Planning and Budget and the state auditor have previously submitted a fiscal note pursuant to a request under paragraph (1) of subsection (a) of this Code section.
(d) In the event a determination is made under subparagraph (a)(2)(B) of this Code section that a bill will not have a significant impact, if the director of the Office of Planning and Budget or the state auditor has information or knowledge that any bill will have a significant impact as described in paragraph (1) of subsection (a) of this Code section, a fiscal note may be prepared according to the criteria outlined in sub section (g) of this Code section. Such a fiscal note may be prepared without a request by the bill's author or the committees to which it is assigned in either chamber. Any fiscal note prepared according to this subsection shall be distributed consistent with Code Section 28-5-44.
(e) The rcqucat shall be complied with by the director of the Office of Planning and Budget and the state auditor. During any regular session of the General Assembly, auch rcqucat shall be complied with the director of the Office of Planning and Budget and the state auditor shall prepare and submit the fiscal note within five days after receipt of the request or within ten days if the director of the Office of Planning and Budget and the state auditor have made a formal request for extension of time.
(f) The principal administrative and fiscal officers of all departments, boards, councils, committees, commissions, and other agencies of the state government and, when appli cable, of counties, municipalities, and other political subdivisions are authorized and directed to cooperate fully with the director of the Office of Planning and Budget and the state auditor in providing any information and assistance necessary in the prepa ration of auch fiscal notes pursuant to this Code section.
(g) The fiscal note required by subsection (c) of this Code section shall include a relia ble estimate in dollars of the anticipated change in revenue or expenditures under the provisions of the bill. It shall also include a statement as to the immediate effect and, if determinable or reasonably foreseeable, the long-range effect of the measure. If, af ter careful investigation, it is determined that no dollar estimate is possible, the fiscal note shall contain a statement to that effect, setting forth the reasons why no dollar estimate can be given. In this event, the fiscal note shall contain an example based on a specific situation or reflecting the average group of persons possibly affected by the bill so as to provide an indication of the cost of such bill to the General Assembly. Assumptions used to develop these averages shall be noted in the fiscal note and the criteria included herein shall constitute a fiscal note. No comment or opinion regard ing the merits of the measure for which the statement is prepared shall be included in the fiscal note; however, technical or mechanical defects may be noted. The state au ditor and the director of the Office of Planning and Budget shall jointly prepare their fiscal note; and, if there is a difference of opinion between such officials, it shall be noted in the fiscal note. In the event the director of the Office of Planning and Budget and the state auditor concur that the fiscal note on any such bill cannot be prepared within the five-day limitation in effect during any regular session of the General As sembly, they shall so inform the chairperson in writing and shall be allowed to submit said note not later than ten days after the request for it is made."

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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 Irvin of the 45th moves to amend the Floor substitute to HB 522 as follows:
Add after "committee" on line 35, page 2:

", on a specific motion for waiver,".

The Floor substitute, as amended, was adopted.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channel!
Y Childers
Y Clark Y Coan Y Coleman, B Y Coleman, T
Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps
Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins
Y Jennings
Y Jones
Y Joyce
Y Kaye
Y Lane
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 Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y CTNeal Y Orrock Y Parham Y Parrish E Parsons

Y Pelote
Y Pinholster
Poag
Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese 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 Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert
Trense Turnquest
Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 172, nays 0.

WEDNESDAY, FEBRUARY 24, 1999

861

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 470. By Representatives Sims of the 167th, Byrd of the 170th, Mosley of the 171st, Royal of the 164th, Scott of the 165th and others:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Anno tated, relating to general provisions related to revenue and taxation, so as to impose a tax upon certain individuals' profits derived from accounts, descrip tions, publishing a book or article, making a public appearance, or partici pating in any commercial activity concerning certain crimes committed within the State of Georgia.
The following substitute, offered by Representative Sims of the 167th, was read:

A BILL
To amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions related to revenue and taxation, so as to impose a tax upon certain individuals' profits derived from accounts, descriptions, publishing a book or article, making a public appearance, or participating in any commercial activity concerning cer tain crimes committed within the State of Georgia; to define the time period affected; to provide for a short title; to provide for exceptions; to provide for notice to certain individ uals that certain profits will be taxed; to provide for related matters; 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.
Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general pro visions related to revenue and taxation, is amended by inserting a new Code section to be designated Code Section 48-1-10 to read as follows:
"48-1-10.
(a) This Code section shall be known and may be cited as 'The Victims' Reimburse ment Act of 1999.'
(b) Any individual, partnership, corporation, or other entity which produces for profit a factual account of any serious violent felony as defined in Code Section 17-10-6.1 committed within the State of Georgia as to which the perpetrator or perpetrators have been convicted and sentenced to imprisonment or execution shall be subject to a tax on the gross revenue derived from such production in the following amounts:
(1) A convicted perpetrator shall be taxed 100 percent of all gross revenue derived from such production, including sale of rights or any other form of remuneration to the perpetrator whatsoever. Seventy-five percent of the tax so imposed shall be paid to the Georgia Crime Victims Emergency Fund. Notwithstanding any other provi sion of law, such moneys shall thereafter be paid pro rata to the innocent victim or victims of such serious violent felony, or the victim's or victims' families, heirs, or next of kin if such victim or victims are deceased. Twenty-five percent shall be paid into the general fund of the county in which the serious violent felony of which the perpetrator was convicted was committed; and
(2) All other proceeds derived from factual accounts of any such serious violent fel ony shall be subject to a tax of 10 percent of all gross revenue derived from such production, to be paid to the Georgia Crime Victims Emergency Fund. Notwith-

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standing any other provision of law, such moneys shall thereafter be paid pro rata to the innocent victim or victims of such serious violent felony, or the victim's or vic tims' families, heirs, or next of kin if such victim or victims are deceased.
(c)(l) The provisions of this Code section shall be applicable to every individual, partnership, corporation, or other entity residing, domiciled, incorporated, or other wise found within the state and to any such entity which establishes contacts within the State of Georgia sufficient to confer jurisdiction over such entity to the courts of this state but shall not be applicable to victims of the serious violent felonies de picted or portrayed.
(2) This Code section shall be inapplicable to wholly fictional accounts of serious vio lent felonies in which no actual name of a victim or perpetrator who was a victim of or the perpetrator of a similar serious violent felony is used.
(3) This Code section shall be inapplicable to proceeds derived from descriptions or accounts of serious violent felonies committed more than 20 years prior to the date of any agreement for the payment of such proceeds.
(4) This Code section shall be inapplicable to factual accounts of serious violent felo nies reported in any media as news reports or news items or to reprints or rebroadcasts of such accounts.
(d)(l) Any person seeking to review or photocopy court records from any superior court in Georgia or from the Georgia Court of Appeals or the Georgia Supreme Court, which records pertain to the commission of any serious violent felony as de fined in Code Section 17-10-6.1, shall sign a notice in the following form:
'I understand that the provisions of Code Section 48-1-10 require that I file a Georgia tax return and pay a 10 percent tax on all gross profits I receive from the production of a factual account, other than a news story, of any serious violent felonies as defined in Code Section 17-10-6.1 detailed in the court transcripts in the case of ____________, case number ______.

date

clerk of court

signature'

(2) When persons from out of state request copies of such court transcripts, such copies shall be sent via first-class mail, return receipt requested, and a notice de scribed in paragraph (1) of this subsection shall also be sent with a request that it be signed and returned."

SECTION 2. This Act shall become effective on July 1, 1999.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Sims of the 167th and Skipper of the 137th move to amend the Floor substitute to HB 470 as follows:
On page 2, line 43, delete the word "records" and replace it with the word "transcripts"

WEDNESDAY, FEBRUARY 24, 1999

863

On page 3, line 2, delete the word "records" and replace it with the word "transcripts".

The Floor substitute, as amended, was adopted.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard
Y Barnes Y Benefield Y Birdsong Y Bohannon N Bordeaux Y Borders Y Bridges Y Brooks Y Brown
Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway
Y Campbell Y Cash Y Channell Y Childers Y Clark
Y Coan Y Coleman, B Y Coleman, T
Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Pelton Y Floyd N Franklin Y Golick Y Graves Y Greene Y Grindley
Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James
Y Jamieson Y Jenkins Y Jennings Y Jones N Joyce Y Kaye Y Lane 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 Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y (Weal Y Orrock Y Parham Y Parrish E Parsons

Y Pelote Y Pinholster Y Poag Y Ponder N Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts
Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague
Teper
Y Tillman Y Tolbert Y Trense
Turnquest Y Twiggs Y Unterman
Y Walker, L Y Walker, R.L Y Watson
Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
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.
By unanimous consent, HB 470 was ordered immediately transmitted to the Senate. HB 406. By Representatives Skipper of the 137th, Shanahan of the 10th, Royal of the
164th, Jamieson of the 22nd, Smith of the 12th and others: A bill to amend Article 1 of Chapter 3 of Title 8 of the Official Code of Geor gia Annotated, relating to housing authorities, so as to provide for resident commissioners of city, county, and regional housing authorities in compliance with federal law.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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JOURNAL OF THE HOUSE

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

Y Alien
Y Anderson Y Ashe Y Bailey
Bannister
Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux
Y Borders
Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch N Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channel! Y Childers Y Clark N Coan Y Coleman, B Y Coleman, T
Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T
Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes
Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd N Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin N Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Y Jones N Joyce Y Kaye Y Lane Y Lewis Y Lord
Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L
N Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley N Mueller Y CCNeal Y Orrock Y Parham Y Parrish E Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson
Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp
Y Sholar
Y Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense
Turnquest Y Twiggs Y Untennan Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 163, nays 8.

The Bill, having received the requisite constitutional majority, was passed.
HB 421. By Representatives Powell of the 23rd and Parham of the 122nd:
A bill to amend Code Section 40-1-1 of the Official Code of Georgia Anno tated, relating to definitions relative to motor vehicles and traffic, so as to change the definition of "person".

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

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

Y Alien Y Anderson Y Ashe Y Bailey
Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown

Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T

Connell
Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon
Y Dodson Y Dukes

Ehrhart Y Epps
Evans
Everett
Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell

Y Heard Y Heckstall
Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B

Jackson, L James Jamieson Jenkins Jennings Jones Joyce Kaye Lane Lewis Lord Lucas Maddox Mann Manning Martin, J Martin, J.L Massey McBee McCall McClinton

WEDNESDAY, FEBRUARY 24, 1999

865

Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish
E Parsons Y Pelote
Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall

Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice
Y Richardson Y Roberts Y Rogers
Y Royal Y Sanders Y Sauder
Y Scarlett Y Scheid
Scott Y Shanahan Y Shaw Y Shipp
Y Sholar Y Sims

Y Sinkfield Y Skipper Y Smith, B 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 Squires
Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey

Y Taylor Teague
Y Teper Y Tillman Y Tolbert Y Trense
Tumquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed. HB 423. By Representatives Ragas of the 64th and Martin of the 47th:
A bill to amend Chapter 13 of Title 40 of the Official Code of Georgia Anno tated, relating to the prosecution of traffic offenses, so as to provide proce dures for the filing of uniform traffic citations; to provide definitions; to pro vide for jurisdiction and powers of county recorders' courts.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to the prosecution of traffic offenses, so as to provide procedures for the filing of uniform traffic citations; to provide definitions; to provide for jurisdiction and powers of county recorders' courts; to provide for jurisdiction of traffic misdemeanor cases originating in the unincorporated portions of counties; to provide for procedures within the traffic vio lations bureau; to change the penalties for failure to appear; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to the prosecu tion of traffic offenses, is amended by striking in its entirety Code Section 40-13-3, relat ing to the trial of certain cases upon a complaint without an indictment or accusation, and inserting in lieu thereof the following:
"40-13-3.
Except for felony offenses tried in the superior courts, all other courts having jurisdic tion of the offense may proceed with the adjudication of the offenses contained within the complaint without the necessity of filing an indictment or other accusation in or der to bring the accused to trial; provided, however, that no complaint, citation, or summons shall be considered filed unless such filing has been done with the consent, direction, or approval of the prosecuting attorney of such court, where there is a prose cuting attorney for such court, and no notice of arraignment shall be given prior to

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JOURNAL OF THE HOUSE

such filing without the prosecuting attorney's consent, direction, or approval, where there is a prosecuting attorney for such court. The judge or clerk of each court before whom a person accused of such an offense is brought shall promptly report the final disposition of the case to the Department of Public Safety. Notwithstanding the re porting requirements of this Code section, the Department of Public Safety may by rule or regulation relieve the judge or clerk of each such court of the responsibility of reporting those offenses which do not result in convictions or adjudications of guilt or pleas of nolo contendere."
SECTION 2.
Said chapter is further amended by striking in its entirety subsection (a) of Code Section 40-13-21, relating to the general powers and jurisdiction of probate and municipal courts, and inserting in lieu thereof the following:
"(a) The probate courts, county recorders' courts, and municipal courts of the incorpo rated towns and cities of this state, acting by and through the judges or presiding of ficers thereof, shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence, in the manner required by law, upon defendants violating any and all criminal laws of this state relating to traffic upon the public roads, streets, and highways of this state where the penalty for the offense does not exceed that of the grade of misdemeanor."
SECTION 3.
Said chapter is further amended by inserting after subsection (c) of Code Section 40-1321, relating to the general powers and jurisdiction of probate and municipal courts, a new subsection (d) to read as follows:
"(d) As used in this Code section, the term 'criminal laws of this state relating to traf fic' shall include all misdemeanor violations of the laws of this state relating to:
(1) The operation and licensing of motor vehicles and operators;
(2) The width, height, and length of vehicles and loads;
(3) Motor common carriers, motor contract carriers, and private carriers;

(4) Motor carrier safety;
(5) The transportation of hazardous materials; or
(6) Road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title 48."
SECTION 4. Said chapter is further amended by striking in its entirety Code Section 40-13-29, relat ing to jurisdiction of traffic misdemeanors, and inserting in lieu thereof the following:
"40-13-29.

In all counties except those having city, county, county recorders', or state courts, the judge of the probate court shall have exclusive jurisdiction of all traffic misdemeanor cases originating in the county outside of municipal corporations, and the judge of the municipal court in each municipal corporation shall have exclusive jurisdiction of traf fic misdemeanor cases originating inside the corporate limits of municipalities."

WEDNESDAY, FEBRUARY 24, 1999

867

SECTION 5.
Said chapter is further amended by striking in its entirety Code Section 40-13-50, relat ing to the establishment of traffic violations bureaus, and inserting in lieu thereof the following:
"40-13-50.
(a) As used in this article, the term 'traffic case' shall include all misdemeanor viola tions of the laws of this state, relating to:
(1) The operation and licensing of motor vehicles and operators;
(2) The width, height, and length of vehicles and loads;
(3) Motor common carriers, motor contract carriers, and private carriers;
(4) Motor carrier safety;
(5) The transportation of hazardous materials; or
(6) Road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title 48
except those offenses specifically excluded by subsection (b) of Code Section 40-13-53.
(b) In every court of this state having jurisdiction over the violation of traffic laws or traffic ordinances, the judge, or the judges where there is more than one judge, may provide by written order for the establishment of a traffic violations bureau for the handling or disposition of certain traffic cases in substantial compliance with this arti cle. The court shall promulgate and provide to the clerk of the traffic violations bu reau a list of the traffic offenses which shall be handled and disposed of by the traffic violations bureau. However, nothing in this article shall authorize the judge of such court to employ any person or persons to administer this article."
SECTION 6.
Said chapter is further amended by striking in its entirety Code Section 40-13-62, relat ing to when a traffic violations bureau loses jurisdiction and procedures thereafter, and inserting in lieu thereof the following:
"40-13-62.
When any person cited for a traffic violation pursuant to this article fails to appear in court on the date specified in the citation and in accordance with his or her written promise to appear, unless such person has posted a cash bond as provided in this arti cle, the traffic violations bureau thereupon loses jurisdiction, a bench warrant shall is sue, and the citation shall be forwarded to the prosecuting attorney of the court who ahall have an accusation iasucd against such person. Upon motion of the prosecuting attorney, a bench warrant shall iaauo baaed on the accusation for the arrest of the defendant.--The defendant's case shall be docketed by the clerk of the court and han d1l7e."d na all other miadcmcanora for prosecution as provided by this chapter and Title

SECTION 7.
Said chapter is further amended by striking in its entirety Code Section 40-13-63, relat ing to the penalty for failure to appear in traffic cases, and inserting in lieu thereof the following:

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"40-13-63.

The willful failure of any Any person who fails without sufficient cause to appear in accordance with his the written promise contained on the citation and complaint and served upon him shall constitute an offcnac which such person shall be puniohablc subject to punishment by fine in an amount not to exceed $60.00 $200.00 or by con finement in jail for a period not to exceed three days."
SECTION 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substi tute, was agreed to.

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

Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck
Y Buckner Bulloch
Y Bunn
Y Burkhalter
Y Byrd Y Callaway Y Campbell Y Cash
Y Channell
Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T
Connell Y Cooper Y Cox
Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps
Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom
Hembree Y Henson Y Holland Y Holmes Y Houston
Howard
Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Jones Y Joyce Y Have Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall
McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish E Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Eagas
Randall Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid
Scott Y Shanahan Y Shaw Y Shipp Y Sholar
Sims Y Sinkfield Y Skipper Y Smith, B
Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P
Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense
Turnquest
Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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.

WEDNESDAY, FEBRUARY 24, 1999

869

The Speaker assumed the Chair.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 143. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of
the 141st, Smyre of the 136th and Smith of the 175th: A bill to amend an Act providing appropriations for the State Fiscal Year 1998-1999 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1998-1999.
The following Senate substitute was read:

A BILL
To amend an Act providing appropriations for the State Fiscal Year 1998-1999 known as the "General Appropriations Act", approved April 20, 1998 (Ga. L. 1998, p. 1402), so as to change certain appropriations for the State Fiscal Year 1998-1999; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal con flicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act providing appropriations for the State Fiscal Year 1998-1999, as amended, known as the "General Appropriations Act" approved April 20, 1998 (Ga. L. 1998, p. 1402), is further amended by striking everything following the enacting clause through Section 63, and by substituting in lieu thereof the following:

"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1998, and ending June 30, 1999, as prescribed hereinafter for such fis cal 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 14,893,147 4,064,823 2,522,335
107,000 7,000 0
519,200 238,000 985,450
5,000 652,500 123,022 2,451,701 100,000 1,132,800 27,801,978 27,801,978

870

JOURNAL OF THE HOUSE

Senate Functional Budgets

Total Funds

State Funds

Senate and Research Office Lt. Governor's Office Secretary of the Senate's
Office Total

4,557,828 862,851
1,235,345 6,656,024

4,557,828 862,851
1,235,345 6,656,024

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

10,740,572 450,796
1,437,706 12,629,074

10,740,572 450,796
1,437,706 12,629,074

Joint Functional Budgets

Total Funds

State Funds

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility
Oversight Committee Total

2,983,333 2,068,000 1,083,184 1,995,877
386,486 8,516,880

2,983,333 2,068,000 1,083,184 1,995,877
386,486 8,516,880

For compensation, expenses, mileage, allowances, travel and benefits for members, offi cials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representa tives; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legis lative organizations, upon approval of the Legislative Services Committee; for member ship in the Marine Fisheries Compact and other compacts, upon approval of the Legisla tive Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; pro vided, 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 legisla tive office space, consider the most efficient and functional building designs used for of fice space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fis cal 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 provi sions of any other law to the contrary notwithstanding, such payments to Presidential

WEDNESDAY, FEBRUARY 24, 1999

871

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 ex penditure 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 to wards 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 ..................................................................$

24,023,583 19,549,785
728,274 597,740 315,374
17,500 2,256,910
962,662 276,538 68,800 24,773,583 24,023,583

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

102,490,794 13,477,801 85,319,444 3,022,726 1,652,573 40,500 500,000 741,000 104,754,044 102,490,794

Judicial Branch Functional Budgets

Total Funds

State Funds

Supreme Court Court of Appeals Superior Court - Judges Superior Court - District Attorneys Juvenile Court Institute of Continuing Judicial
Education Judicial Council Judicial Qualifications
Commission Indigent Defense Council

7,098,392 $ 8,501,549 $ 41,309,132 $ 32,135,815 $ 1,279,908 $
867,114 $ 5,315,169 $
166,759 $ 4,814,709 $

6,289,683 8,451,549 41,235,132 30,911,544 1,279,908
867,114 5,235,899
166,759 4,814,709

872

JOURNAL OF THE HOUSE

Georgia Courts Automation Commission
Georgia Office of Dispute Resolution
Total

2,968,106
297,391 104,754,044

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 ..................................................

Departmental Functional Budgets

Total Funds

Administration Statewide Business Services General Support Services Information Technology State Properties Commission Office of the Treasury State Office of Administrative
Hearings Total

11,139,342 7,696,794 31,935,600 120,877,452
666,886 1,554,571
4,298,392 178,169,037

B. Budget Unit: Georgia Building Authority. Personal Services.......................................... Regular Operating Expenses....................... Travel............................................................. Motor Vehicle Purchases.............................. Equipment ..................................................... Computer Charges........................................

$

2,968,106

$

270,391

$ 102,490,794

43,295,169 59,511,893 12,770,190
509,767 794,834 1,876,908 1,317,478 3,574,350 377,031 3,207,952 10,024,892
0 0
0
1,334,118 61,155,300
733,484 20,039,840
550,000 35,000 48,500 75,000
232,500 178,169,037 43,295,169

State Funds

$

3,638,278

$

4,270,610

$

232,500

$

30,249,746

$

666,886

$

212,926

$

4,024,223

$

43,295,169

0 20,905,821 14,521,884
117,000 200,000 161,800 268,100

WEDNESDAY, FEBRUAEY 24, 1999

Real Estate Rentals .......................... Telecommunications.......................... Per Diem, Fees and Contracts......... Capital Outlay................................... Utilities............................................... Contractual Expense......................... Facilities Renovations and Repairs . Total Funds Budgeted....................... State Funds Budgeted......................

Departmental Functional Budgets

Total Funds

Administration Facilities Program Operations Security Sales Van Pool Total

$

12,680,074

$

2,994,139

$

10,836,713

$

6,267,541

$

4,354,784

$

383,148

$

37,516,399

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........................................ Cotton Producers Indemnity Fund (HB 148).......... 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...............................................

873
15,071 231,723 1,095,000
0 0 0 0 37,516,399 0
State Funds
44,362,459 32,612,659 4,342,615
1,110,000 302,000 440,136 667,341 814,475 412,585
1,184,741 1,048,240
3,241,872
2,917,861 275,000 35,000 175,000
844,667 5,000,000
662,500 0
40,000 0
56,126,692 44,362,459

874

JOURNAL OF THE HOUSE

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 16,413,009 6,389,418 6,951,882 8,735,723 8,128,189
615,178 56,126,692

8,112,293 13,280,874 2,714,418 6,764,882 8,606,023 4,883,969
0 44,362,459

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

0 954,151 196,667
4,000 0
5,560 9,500
0 7,500 69,500 200,867 120,000 1,567,745
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 ..................................................................$

9,846,715 7,997,201
448,929 403,199 112,380 136,122 277,396 385,053
73,000 13,435 9,846,715 9,846,715

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..............,................................................$

36,072,327 18,555,435 2,390,783
543,683 150,000 414,214 1,395,731 1,762,660 790,035 507,228
0

WEDNESDAY, FEBRUARY 24, 1999

875

Contracts for Regional Planning and Development...............................................................................$
Local Assistance Grants ...............................................................$ Appalachian Regional Commission Assessment.........................$ HUD - Community Development Block Pass
thru Grants ................................................................................$ Payment to Georgia Environmental
Facilities Authority....................................................................$ Community Service Grants..........................................................$ Home Program...............................................................................$ ARC-Revolving Loan Fund...........................................................$ Local Development Fund..............................................................$ Downtown Redevelopment Loan Program..................................$ Payments to Georgia Music Hall of Fame..................................$ Payment to State Housing Trust Fund ......................................$ Payments to Sports Hall of Fame ...............................................$ Regional Economic Business
Assistance Grants......................................................................$ State Commission on National and Community
Service.........................................................................................$ EZ/EC Administration ..................................................................$ EZ/EC Grants ................................................................................$ Regional Economic Development Grants....................................$ Contracts for Homeless Assistance..............................................$ HUD Section 8 Rental Assistance...............................................$ Total Funds Budgeted...................................................................$ State Funds Budgeted ..................................................................$

2,559,945 6,514,250
133,355
30,000,000
2,391,383 5,000,000 2,717,047
0 650,000 247,250 757,051 3,281,250 917,937
5,225,000
616,338 189,073
0 1,187,500 1,250,000 50,000,000 140,147,148 36,072,327

Departmental Functional Budgets

Total Funds

State Funds

Executive Division Planning and Management Division Business and Financial Assistance
Division Housing and Finance Division Accounting, Budgeting and
Personnel Division Rental Assistance Division Administrative and Computer
Support Division Georgia Music Hall of Fame
Division Community Service Division External Affairs Division Total

$

6,662,413 $

$

4,612,948 $

$

39,023,364 $

$

7,552,959 $

$

6,137,471 $

$

55,352,503 $

$

3,939,673 $

$

1,699,708 $

$

10,632,637 $

$

4,533,472 $

$ 140,147,148 $

6,302,175 4,399,392
7,498,237 2,717,047
4,797,263 0
2,689,324
0 3,676,824 3,992,065 36,072,327

Section 8. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation........................................................$ Personal Services...........................................................................$ Regular Operating Expenses........................................................$ Travel..............................................................................................$ Motor Vehicle Purchases...............................................................$ Equipment......................................................................................$

817,832,526 521,589,003 63,405,287
2,448,731 2,194,938 3,968,410

876

JOURNAL OF THE HOUSE

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

5,580,060 6,023,610 6,890,410 13,556,734 85,008,625 23,023,618 1,200,000 20,188,333 11,269,055
0 1,093,624 3,784,700
1,556,055 577,160
1,458,972 80,460,040
66,620
366,244 894,000 856,604,229 450,000
0 817,832,526

Departmental Functional Budgets

Total Funds

State Funds

Executive Operations Administration Human Resources Field Probation Facilities Total

128,500,139 $ 13,143,708 $ 9,058,203 $ 63,742,585 $
642,159,594 $ 856,604,229 $

109,793,139 12,843,708 9,058,203 63,262,585 622,874,891 817,832,526

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.........................

46,967,963 36,587,988
1,692,700 565,000 272,500 194,425 591,200
2,920,000 965,000
2,293,650 860,500 25,000
46,967,963 46,967,963

Section 9. Department of Defense. Budget Unit: Department of Defense.. Personal Services................................ Regular Operating Expenses.............

5,538,547 11,468,131 10,398,783

WEDNESDAY, FEBRUARY 24, 1999

877

Travel..............................................................................................$ Motor Vehicle Purchases...............................................................$ Equipment......................................................................................$ Computer Charges.........................................................................$ Real Estate Rentals ......................................................................$ Telecommunications ......................................................................$ Per Diem, Fees and Contracts.....................................................! Capital Outlay...............................................................................! Total Funds Budgeted...................................................................! State Funds Budgeted ..................................................................$

42,375
0 12,000 59,211 24,400 97,973 514,200
0 22,617,073
5,538,547

Departmental Functional Budgets

Total Funds

State Funds

Office of the Adjutant General Georgia Air National Guard Georgia Army National
Guard Total

1,797,318 5,910,336
14,909,419 22,617,073

1,541,077 683,290
3,314,180 5,538,547

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..................................

4,824,659,883
36,659,106 7,091,508 1,376,889 0 93,497
21,291,061 1,351,240 1,227,256
56,347,664 793,952 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
35,306,586 126,497,757 769,988,915 151,357,028 (806,623,477) 85,000,528
0
204,279,413 3,158,000
30,151,010

878

JOURNAL OF THE HOUSE

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...................................................... Year 2000 Project Funding................................... 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............................................
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.........................................

103,079,409 93,216,695
620,134 22,468,186
235,850,010 5,508,750 54,732,103 2,300,000 49,458,630
188,375,722 33,469,043 4,962,356
1,491,147 10,496,210 3,699,262 31,291,008 3,884,639 3,603,824 12,205,002
293,520 2,907,636
756,500 981,050 1,033,871 89,190,742 9,913,513
17,650,639 749,301
1,690,215 500,000
11,625,943 4,632,785 1,227,493 5,042,895 1,047,000
99,547,892 18,613,363 1,250,000 1,608,000
382,597 4,340,000 1,689,931 12,924,311
267,333 100,000 7,618,000 500,000 1,164,604 15,401,836 274,395 5,502,281,073 340,000 4,824,659,883

WEDNESDAY, FEBRUARY 24, 1999

879

Departmental Functional Budgets

Total 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

$

11,194,835

$ 45,431,179

$

1,261,927

$

8,316,143

$

7,463,466

$ 33,133,866

$

0

$ 5,376,398,900

$

5,706,124

$

4,748,090

$

5,525,035

$

3,101,508

$ 5,502,281,073

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 ............... Fort Discovery National Science Center........ Capital Outlay .................................................. Post Secondary Options ................................... Learning Logic Sites........................................ Assistive Technology ........................................ Computers in the Classroom........................... Total Funds Budgeted...................................... Lottery Funds Budgeted..................................

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.....................................

Section 12. Forestry Commission. Budget Unit: Forestry Commission ................... Personal Services.............................................. Regular Operating Expenses...........................

State Funds

$

9,199,952

$

39,576,646

$

1,184,338

$

6,027,581

$

482,894

$

31,437,995

$

0

$ 4,720,789,634

$

5,295,437

$

4,508,563

$

5,044,293

$

1,112,550

$ 4,824,659,883

325,585,972 210,788,979
1,992,303 5,047,677 3,300,000 9,006,730
0 660,000
0 1,000,000 60,938,547 4,064,736
0 2,000,000 26,787,000 325,585,972 325,585,972

673,425 2,498,569
245,100 22,000
0 1,450 2,599,117 327,900 44,001 1,363,105 673,425 7,774,667 673,425

38,218,400 29,062,867
5,753,394

880

JOURNAL OF THE HOUSE

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

162,613 1,541,975 4,169,581
347,500 21,420
1,160,555 813,221 0 28,500 60,000 241,752
43,363,378 38,218,400

Departmental Functional Budgets

Total Funds

State Funds

Reforestation Field Services General Administration
and Support Total

$

2,057,502 $

28,901

$

36,829,387 $

33,881,165

$

4,476,489 $

4,308,334

$

43,363,378 $

38,218,400

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

53,289,340 40,274,591
6,417,001 441,379 294,000
1,252,540 655,400 380,645
1,014,739 2,075,045
484,000 0
53,289,340 53,289,340

Departmental Functional Budgets

Total Funds

State Funds

Administration Investigative Georgia Crime Information Center Forensic Sciences Total

$

4,364,733 $

4,364,733

$

25,861,032 $

25,861,032

$

9,778,901 $

9,778,901

$

13,284,674 $

13,284,674

$

53,289,340 $

53,289,340

Section 14. Office of the Governor. A. Budget Unit: Office of the Governor.........................................$ Personal Services...........................................................................$ Regular Operating Expenses........................................................$ Travel..............................................................................................$ Motor Vehicle Purchases...............................................................$

50,664,074 16,693,341
1,053,218 242,403 0

WEDNESDAY, FEBRUARY 24, 1999

881

Equipment......................................................................................$ Computer Charges.........................................................................$ Real Estate Rentals ......................................................................$ Telecommunications ......................................................................$ Per Diem, Pees 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 ..................................................................$

92,704 672,698 1,060,101 477,384 3,890,769 3,279,146
40,000 12,501,789
148,913 4,010,000
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 58,734,739 50,664,074

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

$ 26,019,848 $ 26,019,848

$

1,052,229 $

796,693

$

7,947,274 $

7,947,274

$

5,267,819 $

4,649,681

$

3,406,398 $

3,287,398

$

663,695 $

663,695

$

1,388,062 $

307,193

$

2,745,967 $

583,967

$

308,849 $

308,849

$

4,982,203 $

4,982,203

$

4,952,395 $

1,117,273

$

0$

0

$

58,734,739 $

50,664,074

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

1,217,724,646
75,289,056 2,804,309 1,734,518 1,573,678

882

JOURNAL OF THE HOUSE

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. Operating Expenses ................................. Total Funds Budgeted.............................. Indirect DOAS Services Funding............ State Funds Budgeted.............................

Departmental Functional Budgets

Total Funds

Commissioner's Office Office of Planning and
Budget Services Office of Adoption Children's Community Based
Initiative Troubled Children's Placements Human Resources Development Rural Health 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 Transportation Services Indirect Cost Policy and Government Services Aging Services State Health Planning Agency DD Council Total

1,063,023
4,099,356 7,496,417
8,477,499 1,285,580
111,648 46,736,389 83,779,292
5,326,156
592,106 3,119,082 10,775,409 6,440,923 7,095,283 1,932,078 7,000,098 9,175,212
0 1,297,150 69,558,619 1,828,646 1,683,721 278,873,687

2. Public Health Budget: Personal Services....................... Regular Operating Expenses.... Travel.......................................... Motor Vehicle Purchases........... Equipment.................................. Real Estate Rentals.................. Per Diem, Fees and Contracts. Computer Charges.....................

111,313 4,667,716 9,672,474 45,057,557 9,344,247
0 46,736,389 55,927,874
89,214 830,352 23,042,310 1,278,116 714,564 278,873,687 3,982,840 158,124,478

State Funds

$

1,063,023

$

4,099,356

$

5,430,588

$

8,102,499

$

1,285,580

$

111,648

$

33,585,726

$

46,778,190

$

4,076,660

$

582,106

$

3,092,513

$

5,099,493

$

2,318,527

$

5,745,248

$

1,932,078

$

7,000,098

$

767,434

$ (14,714,419)

$

1,297,150

$

38,693,170

$

1,728,646

$

49,164

$ 158,124,478

49,747,200 75,501,063
850,046 0
195,367 1,283,987 5,178,731
0

WEDNESDAY, FEBRUAEY 24, 1999

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...........................

Departmental Functional Budgets

Total Funds

District Health Administration Newborn Follow-Up Care Oral Health Stroke and Heart Attack Prevention Sickle Cell, Vision and Hearing
High-Risk Pregnant Women and Infants
Sexually Transmitted Diseases Family Planning Women, Infants and
Children Nutrition Grant in Aid to Counties Children's Medical Services Emergency Health Primary Health Care Epidemiology Immunization Community Tuberculosis Control Family Health Management Infant and Child Health Maternal Health - Perinatal Chronic Disease Diabetes Cancer Control Director's Office Injury Control Vital Records Health Services Research Environmental Health Laboratory Services Community Health Management AIDS Drug and Clinic Supplies Adolescent Health Public Health - Planning Councils Early Intervention Public Health - Division
Indirect Cost Total

$ 13,187,156

$

1,621,801

$

1,728,103

$

2,264,400

$

4,556,076

$

5,148,516

$

3,142,667

$ 10,914,939

$ 83,836,266

$ 71,867,335

$ 13,224,198

$

3,781,966

$

1,541,005

$

1,709,774

$

1,566,915

$

5,858,685

$

947,765

$

1,072,210

$

2,642,740

$

213,052

$

583,309

$

5,292,059

$

1,899,972

$

358,474

$

1,951,438

$

539,144

$

1,970,860

$

6,888,271

$

173,874

$ 10,562,837

$ 10,740,045

$ 13,257,102

$

181,710

$ 13,356,155

$

0

$ 298,580,819

883
904,761 330,732 16,723,789 142,417,964 34,500 190,457 5,222,222 298,580,819 324,160 161,790,916

State Funds

$ 13,060,221

$

1,343,698

$

1,402,928

$

1,151,788

$

3,789,257

$

5,148,516

$

1,081,142

$

5,837,156

$

0

$ 70,713,563

$

6,532,632

$

2,431,253

$

1,433,783

$

1,457,633

$

0

$

4,360,684

$

647,705

$

584,991

$

1,161,007

$

213,052

$

583,309

$

5,292,059

$

1,642,788

$

215,836

$

1,696,341

$

539,144

$

1,458,987

$

6,618,271

$

173,874

$

6,118,781

$

2,640,380

$

2,906,090

$

164,213

$ 11,015,451

$ (1,625,617) $ 161,790,916

884

JOURNAL OF THE HOUSE

3. Rehabilitation Services Budget: Personal Services.................................... Regular Operating Expenses................. Travel...................................................... Motor Vehicle Purchases....................... Equipment.............................................. Real Estate Rentals .............................. Per Diem, Fees and Contracts............. Computer Charges................................. Telecommunications .............................. Case Services ......................................... Special Purpose Contracts.................... Purchase of Services Contracts............ Major Maintenance and Construction. Utilities................................................... Postage.................................................... Total Funds Budgeted........................... Indirect DOAS Services Funding......... State Funds Budgeted..........................

Departmental Functional Budgets

Total 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

62,830,592 768,949 511,903
10,471,695 1,634,051 744,540
46,035,799 12,333,607
27,950,786 163,281,922

4. Family and Children Services Budget: Personal Services......................................................................! Regular Operating Expenses................................................... $ Travel......................................................................................... $ Motor Vehicle Purchases.......................................................... $ Equipment................................................................................. $ Real Estate Rentals ................................................................. $ Per Diem, Fees and Contracts................................................! Computer Charges....................................................................! Telecommunications ................................................................. $ Children's Trust Fund............................................................. $ Cash Benefits............................................................................! Special Purpose Contracts....................................................... $ Service Benefits for Children..................................................! Purchase of Service Contracts ................................................ ! Postage.......................................................................................! Grants to County DFACS - Operations................................. $ Total Funds Budgeted.............................................................. $ Indirect DOAS Services Funding............................................ $ State Funds Budgeted............................................................. $

83,971,553 11,608,147
1,567,496 50,582 803,072
5,103,781 10,841,499
302,541 2,360,907 32,289,559
735,245 11,883,883
255,000 859,650 649,007 163,281,922 100,000 24,827,608
State Funds
13,578,602 333,969 511,903
2,851,205 566,944 744,540 0 911,649
5,328,796 24,8
30,010,070 4,405,294 885,885 0 443,950 3,745,843 27,026,214 0 1,059,070 3,992,945
281,422,326 6,952,433
258,114,622 31,016,860
2,037,559 339,077,955 990,191,026
0 358,618,882

WEDNESDAY, FEBRUARY 24, 1999

Departmental Functional Budgets

Total Funds

Director's Office Social Services Administrative Support Quality Assurance Community Services Field Management Human Resources Management Public Assistance Child Support Recovery Temporary Assistance for
Needy Families SSI - Supplemental Benefits Refugee Programs Energy Benefits County DFACS Operations -
Eligibility County DFACS Operations -
Social Services Food Stamp Issuance County DFACS Operations -
Homemakers Services County DFACS Operations -
Joint and Administration County DFACS Operations -
Employability Program Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Prevention of Foster Care Day Care Special Projects Children's Trust Fund Indirect Cost Total

$

595,539

$

3,830,645

$

2,768,398

$

4,199,523

$

11,592,055

$

1,243,216

$

2,458,110

$

5,047,288

$

44,488,295

$ 271,131,764

$

1,122,012

$

2,799,420

$

7,223,130

$ 121,788,835

$ 100,017,177

$

3,190,752

$

8,649,308

$

85,839,926

$

22,782,709

$

45,257,515

$

4,290,503

$

36,785,262

$

15,693,415

$

6,646,142

$

19,610,612

$

10,044,785

$ 143,320,622

$

3,781,123

$

3,992,945

$

0

$ 990,191,026

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 .....................................

885

State Funds

595,539 3,318,604 2,489,095 4,199,523 1,311,682 1,243,216 1,452,319 3,151,178 4,657,315

53,247,444 1,122,012 0 0

$

60,005,156

$

37,725,200

$

0

$

2,530,614

$

39,671,326

$

8,507,737

$

15,861,742

$

2,520,990

$

23,915,275

$

11,320,907

$

5,798,815

$

14,010,181

$

8,218,081

$

53,486,937

$

3,741,123

$

3,992,945

$ (9,476,074)

$ 358,618,882

291,917,988 50,366,612
200,000 10,539,760
1,962,161 340,585,552 695,572,073
1,313,100 514,362,762

886

JOURNAL OF THE HOUSE

Departmental Functional Budgets

Total Funds

State Funds

Southwestern State Hospital Augusta Regional Hospital 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 Substance Abuse
Residential Services Community Mental Health Services Community Mental
Retardation Services Community Substance Abuse Services State Administration Regional Administration Total

$

37,317,489 $

22,447,722

15,642,617 $

13,755,725

27,519,374 $

17,097,991

42,182,261 $ 118,968,958 $

31,201,924 78,295,168

17,709,411 $ 53,750,270 $ 19,986,906 $
3,975,087 $ 1,091,647 $

16,078,590 29,700,574 17,200,667
3,056,433 955,131

552,908 $ 176,863,215 $

0 170,932,084

96,670,593 $ 69,845,218 $ 8,394,444 $ 5,101,675 $ 695,572,073 $

65,498,114 37,989,981 5,829,287 4,323,371 514,362,762

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

530,935,867 94,318,813 5,037,945
1,824,260 1,553,702 14,801,327 52,718,918 45,360,098 13,668,985 51,081,176 340,585,552 32,289,559 3,992,945 281,422,326 8,018,410 304,851,011 115,552,406 142,417,964 2,340,875 11,399,410 3,707,375 23,042,310 340,356,071 5,222,222

Section 16. Department of Industry, Trade and Tourism. Budget Unit: Department of Industry, Trade and Tourism...................................................................... $

23,256,380

WEDNESDAY, FEBRUARY 24, 1999

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..............................................................
Departmental Functional Budgets

Administration Economic Development Trade Tourism Georgia Legacy Strategic Planning and
Research Total
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..........................

Total Funds

$

8,178,950

$

4,574,038

$

1,766,560

$

4,534,149

$

1,534,279

$

2,668,404

$

23,256,380

Departmental Functional Budgets

Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile
Home Regulations Special Insurance Fraud Fund Total

Total Funds
4,210,382 6,095,406
620,037
5,511,356 804,677
17,241,858

887
11,373,225 1,446,549
647,475 16,200 95,067
459,480 848,245 400,700 1,663,030 250,600 6,005,809
0 0 50,000 0 23,256,380 23,256,380

State Funds

$

8,178,950

$

4,574,038

$

1,766,560

$

4,534,149

$

1,534,279

$

2,668,404

$

23,256,380

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

State Funds

$

4,210,382

$

6,095,406

$

620,037

$

4,051,400

$

804,677

$

15,781,902

888

JOURNAL OF THE HOUSE

Section 18. Department of Juvenile Justice. Budget Unit: Department of Juvenile Justice............................................ Personal Services............................................... Regular Operating Expenses............................ Travel.................................................................. Motor Vehicle Purchases................................... Equipment.......................................................... Computer Charges............................................. Real Estate Rentals .......................................... Telecommunications .......................................... Per Diem, Fees and Contracts......................... Utilities............................................................... Institutional Repairs and Maintenance.......... Grants to County-Owned Detention Centers . Service Benefits for Children........................... Purchase of Service Contracts ......................... Capital Outlay................................................... Juvenile Justice Reserve................................... Total Funds Budgeted....................................... State Funds Budgeted ......................................

Departmental Functional Budgets

Total 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

46,067,224 18,459,161 12,727,620 7,920,663 6,662,309 16,506,511 27,237,559 11,927,061 22,507,398
413,799 1,028,644 26,263,205
150,000 1,955,246
551,455 3,981,645
17,564,348 221,923,848

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.......................

216,453,274 126,816,777 13,945,080
1,346,330 536,615 605,778
2,129,328 2,051,185 1,404,873 13,236,729 3,540,020
652,485 0
24,020,998 30,330,105
1,307,545 0
221,923,848 216,453,274

State Funds

$ 45,503,826

$ 17,795,649

$ 12,221,190

$

7,670,679

$

6,364,750

$ 15,838,421

$ 26,407,384

$ 11,567,061

$ 22,244,903

$

413,799

$

1,028,644

$ 25,304,872

$

150,000

$

1,955,246

$

551,455

$

3,891,645

$ 17,543,750 $ 216,453,274

11,251,054 76,681,123 6,891,518 1,339,327
0 465,488 3,200,000 2,017,900 1,467,439

WEDNESDAY, FEBRUARY 24, 1999

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...........................................

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...........................................

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...........................................

Departmental Functional Budgets

Total Funds

Commissioner's Office Benefits, Penalties and
Disallowances System Management Indemnity Chronic Care Quality, Eligibility and
Third Party Liability Reimbursement Services Indemnity Acute Care Legal and Regulatory Managed Care General Administration Total

1,754,407
3,235,477,439 46,442,745 6,511,348
3,759,211 3,134,856 7,624,607 7,854,892 52,489,831 52,161,409 3,417,210,745

889
54,500,000 5,248,067
0 1,774,079
0 153,584,941
11,251,054
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
1,198,307,467 20,289,881 5,732,000 312,930 165,000 222,000 40,361,600 892,880 566,600 112,417,915
3,235,477,439 772,500
3,417,210,745 1,198,307,467

State Funds

$

811,527

$ 1,143,938,658

$

12,998,623

$

2,556,414

$

1,376,806

$

1,520,621

$

2,690,223

$

3,513,271

$

26,092,164

$

2,809,160

$ 1,198,307,467

890

JOURNAL OF THE HOUSE

B. Budget Unit: Indigent Trust Fund.................................... Per Diem, Fees and Contracts............................................ Benefits.................................................................................. Total Funds Budgeted........................................................... State Funds Budgeted.........................................................

C. Budget Unit: PeachCare for Kids..................................... Personal Services................................................................... Regular Operating Expenses............................................... Travel..................................................................................... Motor Vehicle Purchases....................................................... Equipment.............................................................................. Computer Charges................................................................. Real Estate Rentals ............................................................. Telecommunications .............................................................. Per Diem, Fees and Contracts............................................. PeachCare Benefits ............................................................... Total Funds Budgeted........................................................... State Funds Budgeted..........................................................

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..........................................................

Departmental Functional Budgets

Total Funds

Executive Office Human Resource Administration Employee Benefits Internal Administration Children's Health
Insurance Program Total

$

1,564,340

$

5,314,686

$ 1,227,638,628

$

4,422,455

$

0

$ 1,238,940,109

Section 23. Department of Natural Resources. A. Budget Unit: Department of Natural Resources ....................................... Personal Services...................................................

148,828,880 8,200,000
364,183,084 372,383,084 148,828,880
8,623,130 410,607 407,634 50,000 0 12,000 271,700 0 14,950
6,060,893 25,421,432 32,649,216 8,623,130

35,000,000 9,324,819 1,948,626
107,000 30,495 895,630 261,302,453 3,613,928 337,915 961,379,243 1,238,940,109
0 1,139,025 10,239,210 1,192,213,501
348,373 35,000,000

State Funds

$

0

$

0

$

35,000,000

$

0

$

0

$

35,000,000

109,848,303 77,269,779

WEDNESDAY, FEBRUARY 24, 1999
Regular Operating Expenses............................. Travel................................................................... Motor Vehicle Purchases.................................... Equipment........................................................... Real Estate Rentals ........................................... Per Diem, Fees and Contracts.......................... Computer Charges.............................................. Telecommunications ........................................... Authority Lease Rentals.................................... Advertising and Promotion................................ Cost of Material for Resale ............................... Capital Outlay: New Construction............................................... Repairs and Maintenance.................................. Land Acquisition Support.................................. Wildlife Management Area Land Acquisition. Shop Stock - Parks............................................. User Fee Enhancements.................................... Buoy Maintenance.............................................. Waterfowl Habitat.............................................. Paving at State Parks and Historic Sites........ Grants: Land and Water Conservation.......................... Georgia Heritage 2000 Grants.......................... Recreation............................................................ Chattahoochee River Basin Grants.................. Contracts: Paralympic Games.............................................. Technical Assistance Contract.......................... Corps of Engineers
(Cold Water Creek State Park)..................... Georgia State Games Commission ................... U. S. Geological Survey for
Ground Water Resources................................ U. S. Geological Survey for
Topographic Mapping..................................... Payments to Civil War Commission................. Hazardous Waste Trust Fund........................... Solid Waste Trust Fund..................................... Payments to Georgia Agricultural
Exposition Authority...................................... Payments to Mclntosh County.......................... Total Funds Budgeted........................................ Receipts from Jekyll Island
State Park Authority...................................... Receipts from Stone Mountain
Memorial Association..................................... Receipts from Lake Lanier Islands
Development Authority.................................. Receipts from North Georgia Mountain
Authority.......................................................... Indirect DOAS Funding..................................... State Funds Budgeted......................................

891
14,145,445 623,961
1,805,910 2,591,559 2,444,702 10,713,329
836,964 1,282,872
0 925,000 1,304,556
1,099,957 3,138,000
213,750 722,330 350,000 1,300,000 26,250
0 500,000
800,000 161,000 500,000
0
0 0
170,047 208,272
300,000
0 36,015 12,790,539 6,132,574
2,352,071 100,000
144,844,882
891,069
0
2,663,931
1,429,219 200,000
109,848,303

892

JOURNAL OF THE HOUSE

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office Program Support Historic Preservation Parks, Recreation and Historic Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention
Assistance Total

$

5,180,869 $

5,165,869

$

4,128,106 $

4,128,106

$

2,851,772 $

2,361,772

$

38,273,533 $

19,408,646

$

2,516,030 $

2,021,312

$

37,816,981 $

32,470,190

$

53,118,838 $

43,333,655

$

958,753 $

958,753

$ 144,844,882 $ 109,848,303

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 2,304,978
25,000 0
95,000 40,000
0 70,000 695,000
0 6,150,155
0

Departmental Functional Budgets

Total Funds

State Funds

Georgia Agricultural Exposition Authority

$

6,150,155 $

0

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

WEDNESDAY, FEBRUARY 24, 1999

893

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

Departmental Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

$

21,763,287 $

20,263,287

$

23,898,222 $

23,898,222

$

60,468,969 $

60,318,969

$ 106,130,478 $ 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 ..................................................................$

14,843,486
8,293,835 2,587,526
94,010 64,220 393,546 148,442 156,997 207,037 488,533 2,425,200 3,603,386 300,000 18,762,732 14,843,486

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 $
1,514,787 $ 1,161,166 $ 1,149,978 $
456,885 $
11,361,830 $ 18,762,732 $

348,840
1,514,787 1,071,166 1,039,978
456,885
10,411,830 14,843,486

894

JOURNAL OF THE HOUSE

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 ......................................

Section 26. Public Service Commission. Budget Unit: Public Service Commission.. Personal Services....................................... Regular Operating Expenses.................... Travel.......................................................... Motor Vehicle Purchases........................... Equipment.................................................. Computer Charges..................................... Real Estate Rentals.................................. Telecommunications .................................. Per Diem, Fees and Contracts................. Total Funds Budgeted............................... State Funds Budgeted..............................

Departmental Functional Budgets

Total Funds

Administration Transportation Utilities Total

$

3,393,720

$

4,186,195

$

4,950,054

$

12,529,969

Section 27. Board of Regents, University
System of Georgia. A. Budget Unit: Resident Instruction........... Personal Services:
Educ., Gen., and Dept. Svcs........................ Sponsored Operations.................................. Operating Expenses: Educ., Gen., and Dept. Svcs........................ Sponsored Operations.................................. Special Funding Initiative........................... Office of Minority Business Enterprise...... Student Education Enrichment Program .. Forestry Research......................................... Research Consortium................................... Capital Outlay.............................................. Total Funds Budgeted.................................. Departmental Income................................... Sponsored Income......................................... Other Funds.................................................. Indirect DOAS Services Funding................ State Funds Budgeted.................................

B. Budget Unit: Regents Central Office and Other Organized Activities ...............................

17,642,000 575,000
17,067,000 17,642,000 17,642,000
9,693,799 7,917,274
670,486 278,106 309,500
71,526 404,786 330,108 168,202 2,379,981 12,529,969 9,693,799
State Funds
3,393,720 1,580,886 4,719,193 9,693,799
1,399,440,542
1,455,495,686 215,731,047
454,183,917 637,169,805
31,920,581 990,354 361,267 954,461
46,710,000 17,163,263 2,860,680,381 103,648,940 852,900,852 501,650,547 3,039,500 1,399,440,542
191,122,861

WEDNESDAY, FEBRUARY 24, 1999

Personal Services: Educ., Gen., and Dept. Svcs................................... Sponsored Operations..............................................
Operating Expenses: Educ., Gen., and Dept. Svcs....................................... Sponsored Operations................................................. Fire Ant and Environmental Toxicology
Research.................................................................... Agricultural Research ................................................. Advanced Technology Development Center
Economic Development Institute ........................... Capitation Contracts for Family
Practice Residency................................................... Residency Capitation Grants ..................................... Student Preceptorships............................................... Mercer Medical School Grant.................................... Morehouse School of Medicine Grant........................ Capital Outlay............................................................. Center for Rehabilitation Technology........................ SREB Payments........................................................... Medical Scholarships................................................... Regents Opportunity Grants...................................... Regents Scholarships.................................................. Rental Payments to Georgia Military College.......... CRT Inc. Contract at Georgia
Tech Research Institute.......................................... Direct Payments to the Georgia Public
Telecommunications Commission for Operations. Pediatric Residency Capitation Contracts ................ Total Funds Budgeted................................................. Departmental Income.................................................. Sponsored Income........................................................ Other Funds................................................................. Indirect DOAS Services Funding............................... State Funds Budgeted ................................................

Regents Central Office and Other Organized Activities

Total 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

2,366,695 5,206,075 1,631,699 109,739,028
17,127,687 71,460,073 58,273,929
$ 345,265,352

895
290,767,410 118,215,795
130,524,657 70,293,453
0 2,632,448
17,127,687
4,312,000 1,974,000
176,400 7,660,000 7,394,890
0 4,567,076 5,577,775 1,588,578
600,000 200,000 1,276,071
179,214
16,474,791
480,000
682,022,245 3,576,811
199,211,819 287,567,254
543,500 191,122,861

State Funds

$

1,515,836

$

1,731,075

$

1,066,845

$

9,299,364

7,692,033 41,820,924 34,086,429

$

34,591,288

896

JOURNAL OF THE HOUSE

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

3,174,529 $
5,205,161 $ 27,787,441 $ 3,511,664 $
3,484,976 27,787,936 682,022,245

C. Budget Unit: Georgia Public Telecommunications Commission...........................................
Personal Services.............................................................. Operating Expenses.......................................................... General Programming...................................................... Distance Learning Programming.................................... Capital Outlay.................................................................. Total Funds Budgeted...................................................... Other Funds...................................................................... State Funds Budgeted......................................................

D. Budget Unit: Lottery for Education......................... Equipment, Technology and Construction Trust Fund................................................................ Georgia Public Telecommunications Commission..... Internet Connection Initiative ................................... Special Funding Initiatives......................................... Georgia Military College - Equipment....................... Total Funds Budgeted.................................................. Lottery Funds Budgeted..............................................

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.................................................

3,174,529
545,004 27,787,441
0
131,006 27,681,087 191,122,861
0 10,334,700 8,870,865 3,889,958 6,702,234
90,000 29,887,757 29,887,757
0
26,935,000
15,000,000 2,000,000 2,219,000 7,466,000
250,000 26,935,000 26,935,000
113,297,564 64,948,662
5,748,644 1,163,929
315,425 441,130 15,439,748 5,015,475 2,870,400 2,218,400 3,422,795
0 2,404,350 6,149,766 15,453,831 125,592,555 3,845,000 113,297,564

WEDNESDAY, FEBRUARY 24, 1999

Departmental Functional Budgets

Total 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

30,174,813 6,736,661 12,457,935 17,355,208 8,489,277 18,920,612 8,680,937 4,815,402 4,116,455 20,000 4,430,892 2,477,827
125,592,555

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...................

Departmental Functional Budgets

Total 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

4,562,718 5,035,638 2,610,676 2,017,587 4,348,582 1,247,851
388,710 10,241,898
232,951 30,686,611

B. Budget Unit: Real Estate Commission . Personal Services....................................... Regular Operating Expenses.................... Travel.......................................................... Motor Vehicle Purchases........................... Equipment.................................................. Computer Charges..................................... Real Estate Rentals .................................. Telecommunications ..................................

897

State Funds
30,174,813 6,586,661 11,442,735 17,215,208 8,189,277 17,620,612 8,680,937 3,081,947 4,016,455 20,000 3,791,092 2,477,827
113,297,564
29,641,611 18,387,545 3,354,702
245,300 105,650 131,482 3,016,336 2,474,252 814,690 1,559,154 597,500 30,686,611 29,641,611

State Funds

$

4,532,718

$

4,960,638

$

1,890,676

$

1,967,587

$

4,328,582

$

1,247,851

$

388,710

$

10,091,898

$

232,951

$

29,641,611

2,272,618 1,383,094
166,400 15,000 29,000 7,639 181,400
170,085 187,000

898

JOURNAL OF THE HOUSE

Per Diem, Fees and Contracts. Total Funds Budgeted............... State Funds Budgeted..............

133,000 2,272,618 2,272,618

Departmental Functional Budgets

State Funds

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

33,478,570 534,451 22,680 18,000 0 7,500 38,822 46,000 18,691 91,800 0
4,510,455 25,749,053
500,000 86,000 337,500 68,500 100,000 808,368
0 540,750 33,478,570 33,478,570

WEDNESDAY, FEBRUARY 24, 1999

Departmental Functional Budgets

Total Funds

Georgia Student Finance Authority Georgia Nonpublic Postsecondary
Education Commission Total

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

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......................................

Section 33. Department of Technical and Adult Education.
A. Budget Unit: Department of Technical and Adult Education.......................................
Personal Services............................................... Regular Operating Expenses............................ Travel.................................................................. Motor Vehicle Purchases................................... Equipment.......................................................... Real Estate Rentals .......................................... Per Diem, Fees and Contracts......................... Computer Charges............................................. Telecommunications .......................................... Salaries and Travel of Public
Librarians....................................................... Public Library Materials ..................................

899
State Funds
$ 32,700,626
777,944 33,478,570
216,028,022 117,418,487 29,888,210 26,527,997
8,042,088 28,029,000
771,210 220,530 3,500,000 1,107,000 523,500 216,028,022 216,028,022
3,800,000 6,259,990
366,100 20,500
0 5,700 1,165,717 527,355 279,665 329,300
0 3,550,000
250,000 12,754,327 3,800,000
247,751,549 6,640,013 597,890 165,100 0 192,271 742,246 769,575 1,002,182 146,786
15,833,471 5,972,145

900

JOURNAL OF THE HOUSE

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

1,075,353 8,207,385
0 187,142,492 57,257,137
6,274,488 19,592,382 3,615,148 10,781,810 326,007,874 247,751,549

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

$

10,256,063 $

7,172,413

315,751,811 $ 240,579,136

326,007,874 $ 247,751,549

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...............................................................!

24,884,346
0
0 18,884,346 6,000,000 24,884,346 24,884,346

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...................................................................$ State Funds Budgeted ..................................................................$

598,154,925 262,742,052
62,239,702 2,024,000 2,000,000 7,944,070 14,397,650 1,333,768 3,269,333 60,563,553 816,827,596 2,241,866 11,543,887
710,855
341,250 1,248,179,582
598,154,925

WEDNESDAY, FEBRUARY 24, 1999

Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

$ 910,011,135 $ 245,787,351 $ 17,851,383 $ 32,000,472 $ 1,205,650,341

General Funds Budget Planning and Construction Maintenance and Betterments Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways
Activities Total

$ 21,250,000

$

0

$

3,193,115

$ 17,375,271

$

710,855

$ 42,529,241

Section 35. Department of Veterans Service. Budget Unit: Department of Veterans Service................................................................... Personal Services...................................................................... Regular Operating Expenses................................................... Travel......................................................................................... Motor Vehicle Purchases.......................................................... Equipment................................................................................. Computer Charges.................................................................... Real Estate Rentals ................................................................. Telecommunications................................................................. Per Diem, Fees and Contracts ................................................ Capital Outlay.......................................................................... Operating Expense/Payments to Medical College of GeorgiBi................................................................................... Regular Operating Expenses for Projects and Insurance ............................................................................... Total Funds Budgeted.............................................................. State Funds Budgeted .............................................................

Departmental Functional Budgets

Total Funds

Veterans Assistance Veterans Nursing Home-Augusta Total

!f

21,144,017

i|

7,628,118

3

28,772,135

Section 36. Workers' Compensation Board. Budget Unit: Workers' Compensation Board............................................ Personal Services............................................. Regular Operating Expenses.......................... Travel................................................................ Motor Vehicle Purchases................................. Equipment........................................................

901

State Funds
$ 282,120,458 $ 233,363,366 $ 17,291,383 $ 31,216,797 $ 563,992,004
21,250,000 0
2,732,369 9,469,697
710,855 34,162,921

20,425,431 5,183,283 246,723 102,245 0 173,265 27,100 250,711 76,850 14,289,340 200,000
7,372,118
850,500 28,772,135 20,425,431

State Funds

$

15,335,705

$

5,089,726

$

20,425,431

11,504,420 9,248,337
449,937 129,666
0 65,520

902

JOURNAL OF THE HOUSE

Computer Charges.........................................................................$ Real Estate Rentals ......................................................................$ Telecommunications ......................................................................$ Per Diem, Fees and Contracts.....................................................$ Payments to State Treasury ........................................................$ Total Funds Budgeted...................................................................$ State Funds Budgeted ..................................................................$

303,057 1,173,481
186,121 138,301
0 11,694,420 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)........................................................$
$

416,828,466 35,000,000 451,828,466

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (New) ........................................................$ Motor Fuel Tax Funds (New) .....................................................$
$

72,398,282 0
72,398,282

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 rata share for the op eration 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 em ployees of the Court; cost of operating the Superior Courts of the State of Georgia, in cluding 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 sala ries, mileage and other expenses as may be authorized by law for District Attorneys, As sistant 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 Sen tence 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 Chair man of the Judicial Council; cost of operating the Council of Juvenile Court Judges cre ated 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 Ad ministrative 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 Administrative 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.

WEDNESDAY, FEBRUARY 24, 1999

903

Provided, that the department shall provide a consolidated report to the General Assem bly 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 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the commis sioner 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 Af fairs. Provided, that the funds appropriated herein to the Georgia Environmental Fa cilities 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 emer gency-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

Operation of the School of Library

and Information Services Graduate

Program Clark Atlanta University

$

75,000

City of Warner Robins

Operation of the Aviation Museum

$

90,000

Wilkes County

Wilkes County Airport Development

$

86,250

Lowndes County

Improvements to historic Lowndes County courthouse

$

50,000

Tombs County

Purchase an automated electronic sign for Southeastern Vocational Tech

$

40,000

Crawford County Board of Education

Major repair improvements to Crawford County High School

$ 375,000

Habersham County

Purchase of a bookmobile for the Northeast Regional Public Library

$ 100,000

City of Homerville

Purchase of land

$

38,000

Cobb County

Land purchase and restoration of the Mable House Estate

$ 5,000,000

Long County

For county administration expenses

$ 160,000

City of Warner Robins

Construction of an educational facility at the Georgia Aviation Hall of Fame

$ 500,000

904

JOURNAL OF THE HOUSE

Section 41. Provisions Relative to Section 10, State Board of Education De partment of Education. The formula calculation for Quality Basic Education funding 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 responsi ble for instruction in language arts, mathematics, science and social studies, and which meet criteria and standards prescribed by the State Board of Education for middle school programs.

Section 42. Provisions Relative to Section 11, Employees' Retirement Sys tem. 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 Re sources. 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 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 sub-object class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nurs ing, 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 Retar dation 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 purchase State hospital services. The balance may be used for community based care in accordance with approved Regional Plans.

Section 44. Provisions Relative to Section 21, Department of Medical Assis tance. 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 ere-

WEDNESDAY, FEBRUARY 24, 1999

905

ated 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 in dividual 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 de velop an acuity based payment system for nursing homes.
Provided, that dispensing fees for pharmacy provider's shall be increased five percent ef fective July 1, 1998.
Section 45. Provisions Relative to Section 22, Merit System of Personnel Ad ministration. The Department is authorized to assess no more than $137.00 per budg eted position for the cost of departmental operations.
It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SPY 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 Re sources. 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 24, Department of Public Safety. To provide funds to establish an effective date of January 1,1999 for the provisions of Geor gia Code 35-8-24 mandating basic training for local and county jail officers.
Section 48. Provisions Relative to Section 32, Teachers' Retirement System. It is the intent of the General Assembly that the employer contribution rate for the Teach ers' 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 49. Provisions Relative to Section 33, Department of Technical and Adult Education. To provide authorization for the conversion of Atlanta Area Techni cal Institute and Savannah Regional Technical Institute to State operated institutions.
Section 50. Provisions Relative to Section 34, Department of Transporta tion. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary au-

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thorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services.

b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years with prior ap proval 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 re funds, 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 sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section DC, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and up grade 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 be tween budget functions provided that the Department's total position count shall not ex ceed 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 obliga tion debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
Section 51. In addition to all other appropriations for the State fiscal year ending June 30, 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 oper ating 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 Re sources; 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 Ad ministrative Services from agency fund collections.

WEDNESDAY, FEBRUARY 24, 1999

907

Section 52. To the extent to which Federal funds become available in amounts in ex cess 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 operat ing 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 sup planted 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 mem bers of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chap ter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appro priated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 53. Each agency for which an appropriation is authorized herein shall main tain financial records in such a fashion as to enable the State Auditor to readily deter mine expenditures as contemplated in this Appropriations Act.
Section 54. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is re quired to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 55. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 56. In accordance with the requirements of Article K, 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 acti vated 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 ap propriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 57. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's rec ommendations contained in the Budget Report submitted to the General Assembly at

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the 1998 Regular Session, except as provided, however, the Director of the Budget is au thorized 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 appro priation 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 in stances revealed in his audit in which the expenditures by object class of any depart ment, bureau, board, commission, institution or other agency of this State are in viola tion of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be ap plied as well when common object class amounts are properly amended in the adminis tration of the annual operating budget.
Section 58. 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 following such term shall apply to the total expenditures within the Budget Unit or com bination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 59. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the 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 unavaila ble for expenditure unless re-appropriated by the Georgia General Assembly. This provi sion shall not apply to project grant funds not appropriated in this Act.
Section 60. Provisions Relative to Section 37, State of Georgia General Obliga tion 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:

WEDNESDAY, FEBRUARY 24, 1999

A.) Maturities not to exceed two hundred forty months.
Department of Education regular entitlements, regular advanced funding and incentive advance funding
Construct a School of Architecture at Southern Polytechnic State University
Instructional complex at Gordon College
Environmental sciences and technology building at Georgia Tech
Health and natural science building at North Georgia College and State University
Student learning center at the University of Georgia (UGA)
Gwinnett Campus phase I construction at UGA/Georgia Perimeter College
Renovate and expand UGA's food science building
Construct a food processing technology at Georgia Tech
Renovate lab space for the Georgia Tech School of Textile and Fiber Engineering
Digital conversion of the public television stations at Stone Mountain
Critical repair projects at various technical institutions
Major renovation projects at DeKalb Tech, Pickens Tech and Columbus Tech
Construct the Flint River Center in Albany
Construct the phase IV expansion of the World Congress Center and purchase adjacent property
Provide low interest loans to local governments for water, sewer and wastewater treatment projects

Principal Amount
$57,675,000 11,666,000 14,120,000 32,120,000 17,470,000 38,415,000 19,755,000 4,200,000 4,110,000 750,000 1,800,000 6,615,000 3,970,000 13,950,000
220,000,000 10,000,000

909 Debt Service
$4,960,050 1,003,276 1,214,320 2,762,320 1,502,420 3,303,690 1,698,930 361,200 353,460 64,500 154,800 568,890 341,420 1,199,700
18,920,000 860,000

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Removal and remediation of State-owned underground and above ground storage tanks
Governor's Road Improvement Program
Construction of dental and educational space and facilities at RYDCs
Construct an additional 100 RYDC beds through expansions at Albany RYDC (30 beds); Columbus RYDC (30 beds); Thomasville RYDC (20 beds); and Macon RYDC (20 beds)
Juvenile Justice projects: dining facility at Augusta YDC ($3,550,000); addition to the detention building at Augusta YDC ($1,240,000); police office/detention unit at Lorenzo Benn YDC ($970,000); detention unit expansion at Macon YDC ($800,000)
Major repairs and renovations at various RYDCs
Department of Human Resources projects: safety and regulatory requirements ($4,910,000); major construction projects and design funds ($210,000); HVAC system replacement and renovation ($2,705,000); electrical replacement and renovation ($1,630,000); roof replacement ($735,000); miscellaneous projects ($255,000)
Construct a laboratory annex and morgue in Atlanta for GBI
Construct a replacement laboratory and add a morgue in downtown Augusta for GBI
Roofing projects at various Department of Corrections' facilities
Americans with Disabilities Act modifications
Savannah harbor spoilage area projects
Construction for lower wealth school systems
Four cabins at James H. Floyd State Park

1,000,000 137,000,000
2,510,000
10,000,000
6,560,000 2,750,000
10,445,000 17,020,000 4,015,000 5,000,000 6,000,000 20,050,000 11,700,000
350,000

86,000 11,782,000
215,860
860,000
564,160 236,500
898,270 1,463,720
345,290 430,000 516,000 1,724,300 1,006,200
30,100

WEDNESDAY, FEBRUARY 24, 1999

Group camp, picnic shelter and rest station at George L. Smith State Park
Nine hole golf addition at Victoria Bryant State Park
Laurens County Public Fishing Area
Bleckley County Public Fishing Area
Land purchase at FDR State Park
Aquatic grass harvester at Reed Bingham State Park
Repairs and maintenance of facilities to expand interpretive area at Jeff Davis Historic Site
Purchase land to expand golf course at Gordonia-Altamaha State Park for 9 to 18 holes
Phase II marina expansion at George Bagby State Park
Silver Comet Trail
Classroom addition and activity center at East Georgia College
Expansion of Coastal Georgia Center
Plan and design a parking deck at Kennesaw State University
Plan and design a dormitory at Savannah State University
Adult learning centers in Randolph and Liberty Counties
Carnegie Library in Savannah
Glynn County Library
Planning funds and purchase of land for a new campus for Carroll Technical Institute
Construction of a learning center at Clayton College and State University
Renovation of Coosa Valley Tech facilities

300,000
2,150,000 1,400,000
185,000 135,000 100,000
100,000
330,000 150,000 400,000 4,250,000 2,340,000 600,000 609,000 1,000,000 600,000 1,000,000
23,780,000 21,151,000 2,465,000

911
25,800 184,900 120,400 15,910 11,610
8,600
8,600
28,380 12,900 34,400 365,500 201,240 51,600 52,374 86,000 51,600 86,000
2,045,080 1,818,986
211,990

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Electrical underground distribution system at Gainesville College
Construction at Coosa Valley Tech Polk satellite campus
B.) Maturities not to exceed sixty months.
Purchase vocational equipment for the State Board of Education
Purchase equipment for the Governor's Traditional Industries program
Increased cost of the design and feasibility study for the Savannah harbor deepening project
Conduct a feasibility study for light rail in the Marietta-Lawrenceville corridor
Security related modifications at various prisons
Repairs and renovations at the Atlanta Farmers' Market
Fire sprinkler system for parking facilities in the Archives Building
Rail line acquisition in preparation for commuter and intercity rail in downtown Atlanta
Planning of construction project at Atlanta Tech
Planning of construction project at Macon Tech
Planning of construction project at Moultrie Tech
Planning of construction project at Tift Area Satellite
Planning for DeKalb Tech
Planning for Griffin Tech
Planning for Albany Tech
Planning for Athens Tech
Planning for Augusta Tech

1,315,000 2,200,000
4,000,000 2,285,000
10,800,000
1,945,000 5,425,000 1,000,000 1,575,000
1,200,000 271,000 360,000 612,000 212,000 6,000 377,000 286,000 290,000 325,000

113,090 189,200
936,000 534,690
2,527,200
455,130 1,269,450
234,000 368,550
280,800 63,414 84,240 143,208 49,608
1,404 88,218 66,924 67,860 76,050

WEDNESDAY, FEBRUARY 24, 1999

913

Section 61. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 1999

$

13,064,694,760

Section 62. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 63. All laws and parts of laws in conflict with this Act are repealed."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Coleman of the 142nd moved that the House disagree to the Senate sub stitute to HB 143.

The motion prevailed.

The Speaker Pro Tern assumed the Chair.

Under the general order of business, established by the Committee on Rules, the follow ing Bills of the House were taken up for consideration and read the third time:
HB 578. By Representatives Porter of the 143rd and Hanner of the 159th:
A bill to amend Code Section 12-8-40.1 of the Official Code of Georgia Anno tated, relating to tire disposal restrictions, so as to extend the time that a $1.00 tax on new tires shall be collected.

The following Committee substitute was read:

A BILL
To amend Code Section 12-8-40.1 of the Official Code of Georgia Annotated, relating to tire disposal restrictions, so as to extend the time that a $1.00 tax on new tires shall be collected; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 12-8-40.1 of the Official Code of Georgia Annotated, relating to tire dispo sal restrictions, is amended by striking in its entirety paragraph (3) of subsection (h) and inserting in lieu thereof the following:
"(3) The tire fees authorized in this subsection shall cease to be collected on June 30, 2000 2003. The director shall make an annual report to the House Committee on Natural Resources and the Environment and the Senate Natural Resources Com mittee regarding the status of the scrap tire program."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representatives Mann of the 5th and Franklin of the 39th move to amend the Commit tee substitute to HB 578 as follows:

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On line 13, page one change "2003" to "2001".

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

N Alien N Anderson N Ashe
N Bailey
Y Bannister N Barnard N Barnes N Benefield N Birdsong Y Bohannon
N Bordeaux
N Borders Y Bridges N Brooks
Y Brown N Buck N Buckner N Bulloch Y Bunn Y Burkhalter N Byrd Y Callaway
Campbell
N Cash N Channell N Childers Y Clark Y Coan N Coleman, B N Coleman, T
Connell
Y Cooper
Y Cox N Crawford N Cummings Y Davis, M

N Davis, T Y Day N Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon
N Dodson N Dukes Y Ehrhart
Epps Y Evans
N Everett
Felton N Floyd Y Franklin Y Golick N Graves N Greene Y Grindley
Y Hammontree N Hanner Y Harbin N Harrell N Heard N Heckstall N Hegstrom Y Hembree
Henson N Holland
N Holmes
N Houston
Howard Y Hudgens N Hudson, H N Hudson, N

N Hugley Y Irvin
N Jackson, B N Jackson, L N James N Jamieson N Jenkins
Y Jennings
Jones Y Joyce Y Kaye N Lane Y Lewis N Lord N Lucas N Maddox Y Mann N Manning N Martin, J N Martin, J.L
Y Massey N McBee N McCall N McClinton
McKinney Y Millar Y Mills N Mobley N Morris N Mosley
Y Mueller
N CWeal
N Orrock N Parham N Parrish N Parsons

N Pelote Y Pinholster
Y Poag Y Ponder N Porter N Powell N Purcell N Ragas
N Randall
N Ray
N Reaves
N Reece N Reed Y Reese N Reichert
Y Rice
Y Richardson Roberts
N Rogers
N Royal
Y Sanders
N Sauder Y Scarlett
Y Scheid N Scott N Shanahan N Shaw N Shipp N Sholar N Sims N Sinkfield N Skipper Y Smith, B
N Smith, C Y Smith, C.W N Smith, L

Y Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires
Stallings Y Stancil
N Stanley, P
N Stanley-Turner N Stephens N Stokes N Stuckey N Taylor N Teague
N Teper
Tillman
N Tolbert
Y Trense
N Turnquest
N Twiggs
N Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland N Whitaker Y Wiles Y Williams, J N Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 57, nays 111.

The amendment was lost.

The Committee substitute was adopted.

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

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

Y Alien Y Anderson Y Ashe Y Bailey
N Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders
N Bridges

Y Brooks N Brown Y Buck Y Buckner
Y Bulloch N Bunn Y Burkhalter Y Byrd
N Callaway
Campbell Y Cash Y Channell Y Childers

N Clark N Coan Y Coleman, B Y Coleman, T
Connell
Y Cooper Y Cox Y Crawford Y Cummings N Davis, M Y Davis, T Y Day Y Dean

Y DeLoach, B Y DeLoach, G Y Dix
Y Dixon Y Dodson
Y Dukes N Ehrhart Y Epps N Evans Y Everett
Y Felton
Y Floyd N Franklin

N Golick Y Graves Y Greene
N Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson

Holland Holmes Houston Howard Hudgens Hudson, H Hudson, N Hugley Irvin Jackson, B Jackson, L James Jamieson Jenkins Jennings Jones Joyce Kaye Lane Lewis Lord Lucas Maddox

WEDNESDAY, FEBRUARY 24, 1999

915

N Mann Y Manning Y Martin, J Y Martin, J.L N Massey Y McBee Y McCall Y McClinton
McKinney Y Malar N Mills Y Mobley Y Morris Y Mosley Y Mueller Y CWeal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y

Ponder Porter Powell Purcell Ragas Randall Ray Reaves Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan

Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C N Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snelling
Snow Y Squires
Stallings N Stancil Y Stanley, P Y Stanley-Turner Y Stephens

Y Stokes
Y Stuckey
Y Taylor
Y league
Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L
N Walker, R.L Y Watson Y West N Westmoreland N Whitaker
Y Wiles N Williams, J Y Williams, R Y Wix
N Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 139, nays 29.
The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 561. By Representative Byrd of the 170th:
A bill to amend Article 1 of Chapter 7 of Title 34 of the Official Code of Georgia Annotated, relating to master and servant generally, so as to pro vide a definition; to provide for professional employer organizations and their relationships with coemployers and employees.
The following Committee substitute was read and adopted:
A BILL
To amend Article 1 of Chapter 7 of Title 34 of the Official Code of Georgia Annotated, relating to master and servant generally, so as to provide a definition; to provide for pro fessional employer organizations and their relationships with coemployers and employ ees; to provide for the rights, powers, and responsibilities of professional employer orga nizations; 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 34 of the Official Code of Georgia Annotated, relating to master and servant generally, is amended by adding at the end thereof a new Code Sec tion 34-7-6 to read as follows:
"34-7-6.
(a) As used in this Code section, the term 'professional employer organization' means a corporation or other entity that has established a coemployment relationship with another employer, pays the wages of the employees of the coemployer, reserves a right of direction and control over the employees of the coemployer, and assumes responsi bility for the withholding and payment of payroll taxes of the coemployer.
(b) A professional employer organization may collect information to evaluate costs; may obtain life, accident and sickness, disability income, workers' compensation, and other types of insurance coverage; may establish retirement plans; may have other types of employee benefits; and may discuss such benefits with prospective coem ployers and their employees.

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(c) A coemployer of a professional employer organization shall retain sufficient direc tion and control over the employees involved in a coemployment relationship as is nec essary to conduct its business operations and fulfill its obligations to such employees. Unless otherwise agreed in writing, such coemployer shall be considered to be the sole employer of such employees for licensing purposes, provided that nothing contained in this Code section shall be deemed to prohibit a professional employer organization and its coemployer from agreeing that the professional employer organization shall be con sidered to be an employer for licensing purposes. The professional employer organiza tion shall give written notice of such an agreement to the appropriate licensing agency and to the employees involved."

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 substi tute, was agreed to.

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

Y Alien Y Anderson
Y Aahe
Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield
Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T
Cornell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Davis, T Day Dean DeLoach, B Y DeLoach, G Dix
Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd N Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H
Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning
Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y Cmeal
Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper
Smith, B 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 Squires Y Stailings Y Stancil Y Stanley, P Y Stanley-Turrer Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spin-

On the passage of the Bill, by substitute, the ayes were 169, nays 2.
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.

WEDNESDAY, FEBRUARY 24, 1999

917

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 143. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1998-1999 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1998-1999.

The Speaker assumed the Chair.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
HB 143. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Smyre of the 136th and Smith of the 175th:
A bill to amend an Act providing appropriations for the State Fiscal Year 1998-1999 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1998-1999.

Representative Coleman of the 142nd moved that the House insist on its position in dis agreeing to the Senate substitute to HB 143 and that a Committee of Conference be ap pointed 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 fol lowing members:

Representatives Walker of the 141st, Buck of the 135th and Coleman of the 142nd.

Under the general order of business, established by the Committee on Rules, the follow ing Bill and Resolution of the House were taken up for consideration and read the third time:
HR 167. By Representatives McKinney of the 51st, Brooks of the 54th, Ashe of the 46th, Teper of the 61st, Watson of the 70th and others:
A resolution to create the Metropolitan Atlanta Rapid Transit Overview 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 Anderson Y Ashe Y Bailey
Bannister Y Barnard Y Barnes Y Benefield
Birdsong
Y Bohannon

Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch
Bunn Y Burkhalter

Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan
Coleman, B Y Coleman, T

Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day Y Dean Y DeLoach, B

Y DeLoach, G Dix Dixon
Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton

918
Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L

JOURNAL OF THE HOUSE

Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas
Y Maddox Y Mann Y Manning
Martin, J
Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y O'Neal
Orrock
Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray
Reaves Y Reece Y Reed Y Reese 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 Shipp Y Sholar
Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires
Stallings Y Stancil

Y Stanley, P Y Stanley-Turner Y Stephens
Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 163, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 399. By Representatives Sauder of the 29th, Walker of the 141st, Irvin of the 45th, Smyre of the 136th, Cox of the 105th and others:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Anno tated, relating to powers of 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 combi nation of such systems.
The following Committee substitute was read:
A BILL
To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to powers of 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 for criteria for evaluation of ap plicants submitting bids; 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 powers of counties and municipal corporations generally, is amended by adding a new Code Sec tion 36-60-15.1 to read as follows:

WEDNESDAY, FEBRUARY 24, 1999

919

"36-60-15.1.

Notwithstanding any other 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, associa tions, or corporations for any period of time not to exceed 20 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. Prior to entering into a contract pursuant to this Code section, the governing authority shall first estab lish criteria for evaluation of any applicants bidding on such leases or contracts for the purpose of assisting the governing authority in making a review of such applicants' previous performance on projects of comparable magnitude, the environmental compli ance record of such applicants, and any relevant civil or criminal penalties incurred by such applicants during the five years immediately preceding the execution of the lease or contract. The governing authority shall take into consideration such information to assist it in determining the eligibility of any applicant. All information required by the county or municipality pursuant to this Code section shall be provided by the ap plicant under oath. For purposes of this Code section, 'applicant' means any individ ual, firm, association, or corporation."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming a 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 Snelling of the 99th moves to amend the Committee substitute to HB 399 as follows:
On line 6 insert after the words "treatment system,"
"stormwater system,"
On line 25 insert after the words "treatment system,"
"stormwater system,".
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substi tute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield
Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck

Y Buckner
Y Bulloch
Y Bunn
Y Burkhalter Y Byrd Y Callaway Y Campbell
Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G
Dix Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans

Everett Felton Floyd Franklin Golick Graves Greene Grindley Hammontree Banner Harbin Harrell Heard Heckstall Hegstrom Hembree

Henson Holland Holmes Houston Howard Hudgens Hudson, H Hudson, N Hugley Irvin Jackson, B Jackson, L James Jamieson Jenkins Jennings

920
Jones Joyce Kaye Lane Lewis Lord Lucas Maddox Mann Manning Martin, J Martin, J.L Massey McBee McCall McClinton McKinney Millar Mills Mobley

JOURNAL OF THE HOUSE

Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons
Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell
Y Purcell Y Ragas
Randall Y Ray Y Reaves Y Reece

Reed Reese Reichert Rice
Richardson Roberts Rogers Royal
Sanders
Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield
Skipper

Y Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner
Y Stephens
Y Stokes Y Stuckey Y Taylor

Teague Y Teper Y Tillman
Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, E.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 170, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
The 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 143. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of
the 141st and others: A bill to amend an Act providing appropriations for the State Fiscal Year 1998-1999 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1998-1999. 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 Starr of the 44th.
The following Resolutions of the House were read and adopted: HR 381. By Representatives Purcell of the 147th and Porter of the 143rd:
A resolution expressing regret at the passing of Kyle Wayne Dinkheller. HR 382. By Representatives Teper of the 61st, Holmes of the 53rd, Ashe of the 46th,
Martin of the 47th, Stuckey of the 67th and others: A resolution commending the Legal Environmental Assistance Foundation, Inc. HR 383. By Representatives Turnquest of the 73rd, Mobley of the 69th and Reed of the 52nd: A resolution commending the Gate City Bar Association. HR 384. By Representatives Pinholster of the 15th and Stancil of the 16th: A resolution commending C. Mickle Moye. HR 385. By Representatives Pinholster of the 15th and Stancil of the 16th: A resolution commending Anton J. Zellman.

WEDNESDAY, FEBRUARY 24, 1999

921

HR 386. By Representatives Pinholster of the 15th and Stancil of the 16th:
A resolution commending Mark Whitfield.
HR 387. By Representatives Royal of the 164th, Sholar of the 179th and Bulloch of the 180th:
A resolution commending Charles R. DeMott.
HR 388. By Representatives Royal of the 164th, Buck of the 135th and Jenkins of the 110th:
A resolution commending the Georgia Tech Yellow Jackets football team.
HR 389. By Representatives Pinholster of the 15th and Stancil of the 16th:
A resolution commending Don Boggus, Jr.
HR 390. By Representatives Twiggs of the 8th, Murphy of the 18th, Smith of the 12th and Cummings of the 27th:
A resolution commending Mr. Jerry A. Taylor.
HR 391. By Representatives Brooks of the 54th, McKinney of the 51st, Stanley of the 50th, Stanley of the 49th, McClinton of the 68th and others:
A resolution expressing regret at the passing of David Smith.
HR 392. By Representatives Mobley of the 69th, Maddox of the 72nd, Watson of the 70th, McClinton of the 68th, Dean of the 48th and others:
A resolution commending the first responders, emergency medical techni cians, cardiac technicians, and paramedics of Georgia and observing the sec ond annual Emergency Medical Services (EMS) Recognition Day.
HR 393. By Representatives Purcell of the 147th and Dixon of the 168th:
A resolution commending Sergeant K.B. McGlamery and TFC T.M. Cameron from the Savannah GSP Post; TFC B.E. Hodges and TFC R.L. Dunsmore III from the Brunswick GSP Post; TFC Freddie "Buz" Cromer from the Hinesville GSP Post; and TFC G.W. Thrift from the Waycross GSP Post upon their being nominated "Officer of the Year for Meritorious Service".
HR 394. By Representative Purcell of the 147th:
A resolution commending Judge John R. Harvey and wishing him well in his retirement.
HR 395. By Representatives Cox of the 105th and Westmoreland of the 104th:
A resolution recognizing and commending Mary Wilde.
HR 396. By Representative Purcell of the 147th:
A resolution commending Mr. James O. Seckinger.
HR 397. By Representatives Parsons of the 40th, Sauder of the 29th, Shipp of the 38th, Golick of the 30th and Cooper of the 31st:
A resolution honoring the Tau Sigma Chapter of the Kappa Delta Pi Interna tional Honor Society in Education.
HR 398. By Representative Epps of the 131st:
A resolution commending Richard English, Jr.
HR 399. By Representative Epps of the 131st:
A resolution commending Mrs. Josie S. Walls.
HR 400. By Representatives Bunn of the 74th and O'Neal of the 75th:
A resolution recognizing and commending Allison Presley as Georgia's Top Female Youth Volunteer.

922

JOURNAL OF THE HOUSE

HR 401. By Representatives Cash of the 108th, Sanders of the 107th and Smith of the 109th: A resolution commending Dr. Joseph A. Blissit, M.D.
HR 402. By Representatives Cash of the 108th, Sanders of the 107th and Smith of the 109th: A resolution commending Joyce Ouzts Rodgers.
HR 403. By Representative Smith of the 109th: A resolution congratulating Adams-Briscoe Seed Company, Inc.
HR 404. By Representative Parrish of the 144th: A resolution commending Dr. Betty Yeomans Brown.
HR 405. By Representative Purcell of the 147th: A resolution commending Mr. Jerry A. Smith.
HR 406. By Representative Campbell of the 42nd: A resolution commending Tyler Mann.
HR 407. By Representative Smith of the 91st: A resolution recognizing and commending Martha D. Whittemore.
HR 408. By Representative Lewis of the 14th: A resolution commending Stephen Edward Lee on becoming an Eagle Scout.
HR 409. By Representative Rice of the 79th: A resolution recognizing and commending Ms. Joy Blevins.
HR 410. By Representative Turnquest of the 73rd: A resolution commending Gloria Y. Fredericks.
HR 411. By Representative Felton of the 43rd: A resolution honoring the Epstein School on the occasion of its twenty-fifth anniversary.
Representative Sinkfield of the 57th District, Chairman of the Committee on Children and Youth, submitted the following report:
Mr. Speaker:
Your Committee on Children and Youth has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the follow ing recommendation:
SB 110 Do Pass
Respectfully submitted, /s/ Sinkfield of the 57th
Chairman
Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:
Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:

WEDNESDAY, FEBRUARY 24, 1999

923

HB 462 Do Pass HB 577 Do Pass HB 717 Do Pass, by Substitute

Respectfully submitted, 1st Childers of the 13th
Chairman

Representative Hudson of the 156th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:

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

HB 335 Do Pass, by Substitute HB 432 Do Pass HB 467 Do Pass

HB 468 Do Pass HB 507 Do Pass, by Substitute

Respectfully submitted, 1st Hudson of the 156th
Chairman

Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 580 Do Pass, by Substitute SB 105 Do Pass SB 111 Do Pass
Respectfully submitted, /s/ Twiggs of the 8th
Chairman

Representative Smyre of the 136th District, Chairman of the Committee on Rules, sub mitted 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 254 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman

924

JOURNAL OF THE HOUSE

Representative Benefield of the 96th District, Chairman of the Committee on Transpor tation, submitted the following report:

Mr. Speaker:

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

HB 585 Do Pass HB 678 Do Pass, by Substitute HB 716 Do Pass HR 267 Do Pass SR 17 Do Pass

SR 22 Do Pass SR 41 Do Pass SR 42 Do Pass SR 77 Do Pass

Respectfully submitted, 1st Benefield of the 96th
Chairman

Pursuant to HR 374, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, March 1, 1999.

MONDAY, MARCH 1, 1999

925

Representative Hall, Atlanta, Georgia Monday, March 1, 1999

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 Barnard Barnes Benefield Birdsong Borders Bridges Brooks Brown Buck Buckner Bulloch Bunn Burkhalter Byrd Callaway Campbell Cash Channell Childers Clark E Coleman, B Coleman, T Connell Cox Crawford Cummings

Davis, M Davis, T Dean DeLoach, B DeLoach, G Dixon Dodson Dukes Ehrhart Evans Everett Felton Floyd Franklin Golick Greene Grindley Hammontree Harbin Harrell Heard Hembree Henson Holland Houston Howard Hudgens Irvin

Jackson, B Jackson, L James Jennings Joyce Kaye Lane Lewis Lord Mann Manning Martin, J Martin, J.L McBee McClinton Millar Mills Mobley Morris Mosley Mueller CWeal Orrock Parham Parsons Pelote Pinholster Poag

Ponder Purcell Randall Ray Reaves Reece Reed Reese Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L

Smith, L.R Smith, P Smith, T Smith, V Snelling Snow Stancil Stanley-Turner Stephens Stokes Taylor Teper Tillman Tolbert Trense Turnquest Twiggs Unterman Watson West Westmoreland Whitaker Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Bohannon of the 139th, Walker of the 87th, Coan of the 82nd, Heckstall of the 55th, Stuckey of the 67th, Epps of the 131st, Jamieson of the 22nd, Massey of the 86th, Hudson of the 156th, Reichert of the 126th, Day of the 153rd, Hanner of the 159th, Stallings of the 100th, Squires of the 78th, Hegstrom of the 66th, Cooper of the 31st, Stanley of the 49th, Ragas of the 64th, Smyre of the 136th, Powell of the 23rd, Hudson of the 120th, Anderson of the 116th, Walker of the 141st, Jones of the 71st, Graves of the 125th, Bordeaux of the 151st, McCall of the 90th, Porter of the 143rd, Maddox of the 72nd and Alien of the 117th.
They wish to be recorded as present.
Prayer was offered by the Reverend Wesley E. Greene, Sr., Senior Pastor, Amazing Grace World Outreach 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.

926

JOURNAL OF THE HOUSE

By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees: HB 799. By Representative Jamieson of the 22nd:
A bill to amend Code Section 47-17-80 of the Official Code of Georgia Anno tated, relating to retirement benefit options under the Peace Officers' Annu ity and Benefit Fund, so as to eliminate certain restrictions and limitations with respect to the reemployment of retired members.
Referred to the Committee on Retirement.
HB 800. By Representatives Jamieson of the 22nd and Porter of the 143rd: A bill to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic educational programs, so as to change certain provisions regarding special instructional assistance programs for students with developmental deficiencies.
Referred to the Committee on Education.
HB 801. By Representatives Scheid of the 17th, Stancil of the 16th and Pinholster of the 15th: A bill to amend Code Section 48-7-40.16 of the Official Code of Georgia An notated, relating to the income tax credits for certain low-emission vehicles, so as to increase the amount of such credits; to increase the carry forward periods of such credits; to provide for an additional credit with respect to certain electric vehicle chargers.
Referred to the Committee on Ways & Means.
HB 802. By Representatives Stancil of the 16th, DeLoach of the 172nd and Pinhol ster of the 15th: A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Anno tated, relating to real estate brokers and salespersons, so as to provide for license requirements with respect to real estate company franchises; to pro vide for a definition; to provide for powers, duties, and authority of the Georgia Real Estate Commission.
Referred to the Committee on Industry.

MONDAY, MARCH 1, 1999

927

HB 803. By Representatives Ray of the 128th and Walker of the 141st:
A bill to amend Code Section 32-7-2 of the Official Code of Georgia Anno tated, relating to public road abandonment procedures, so as to provide lim itations upon abandonment of certain roads or streets leading to cemeteries.
Referred to the Committee on Transportation.

HB 804. By Representatives Stokes of the 92nd, Walker of the 141st, Martin of the 47th, Richardson of the 26th and Wiles of the 34th:
A bill to amend Code Section 15-2-4 of the Official Code of Georgia Anno tated, relating to the place of sessions and terms of the Supreme Court of Georgia, so as to change the terms of the court and the ending dates of cer tain terms.
Referred to the Committee on Judiciary.

HB 805. By Representatives Connell of the 115th, Alien of the 117th, DeLoach of the 119th, Anderson of the 116th, Howard of the 118th and others:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to provide that such officials shall be entitled to re ceive a travel allowance and reasonable expenses; to change certain provi sions relative to the salary of state court judges.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 806. By Representative Greene of the 158th:
A bill to amend an Act creating the Board of Commissioners of Stewart County, so as to change the provisions relating to the compensation of the chairperson of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 807. By Representatives Franklin of the 39th, Sanders of the 107th, Smith of the 102nd, Bridges of the 9th, Kaye of the 37th and others:
A bill to amend Article 4 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to miscellaneous sale and purchase provisions, so as to provide that the state shall sell all state owned property used as a golf course; to provide certain legislative findings; to define a certain term; to provide that state authorities shall contract with a private entity for the operation of certain golf courses.
Referred to the Committee on State Institutions & Property.

HB 808. By Representatives Greene of the 158th, Smith of the 12th, Barnard of the 154th and Heard of the 89th:
A bill to amend Code Section 42-5-60 of the Official Code of Georgia Anno tated, relating to hiring out of inmates, sale of products produced by in mates, disposition of proceeds, and payment of inmates for services, so as to limit construction projects which may be undertaken by the Department of Corrections Inmate Construction Program.
Referred to the Committee on State Institutions & Property.

928

JOURNAL OP THE HOUSE

HB 809. By Representatives Williams of the 114th, Harbin of the 113th and Randall of the 127th:
A bill to amend Code Section 40-9-101 of the Official Code of Georgia Anno tated, relating to motor vehicle self-insurers, so as to change certain provi sions relating to an exception applicable to taxicab self-insurers located in counties with populations of 400,000 or less.
Referred to the Committee on Insurance.

HB 810. By Representative Walker of the 87th:
A bill to amend an Act to reincorporate the City of Monroe in the County of Walton, so as to define the terms gross revenue as used in the provisions re lating to franchises.
Referred to the Committee on Ways & Means.

HB 811. By Representative Greene of the 158th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of the superior courts, so as to change the terms of the Superior Court of Randolph County.
Referred to the Committee on Judiciary.

HB 812. By Representatives Sauder of the 29th, Murphy of the 18th, Walker of the 141st, Coleman of the 142nd, Parham of the 122nd and others:
A bill to amend Article 2 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to patient access to eye care, so as to provide for a blindness education, screening, and treatment program, subject to availability of funds derived from voluntary contributions; to amend Code Section 40-5-25 of the Official Code of Georgia Annotated, relating to appli cation and fees for motor vehicle drivers' licenses, so as to provide that vol untary contributions for certain purposes may be made at time of application.
Referred to the Committee on Motor Vehicles.

HB 813. By Representative Twiggs of the 8th:
A bill to amend Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to the sale or distribution to, or possession by, minors of cigarettes and tobacco related objects, so as to provide that per sons under the age of 18 years may be enlisted by the Department of Public Safety to test compliance with laws prohibiting the sale or distribution of cigarettes and tobacco related objects to minors.
Referred to the Committee on Public Safety.

HB 814. By Representatives Orrock of the 56th, Hegstrom of the 66th and West of the 101st:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the licensing of practi tioners of acupuncture.
Referred to the Committee on Health & Ecology.

MONDAY, MARCH 1, 1999

929

HB 815. By Representatives Greene of the 158th, Smith of the 12th, Jenkins of the 110th and Whitaker of the 7th:
A bill to amend Part 2 of Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to claims against the state or its de partments or agencies, so as to change the date after which compensation resolutions may not be introduced; to change the date after which the Claims Advisory Board shall make no further recommendations on claims to the General Assembly.
Referred to the Committee on Appropriations.
HB 816. By Representatives Smith of the 109th, Holland of the 157th, Hudson of the 156th, Murphy of the 18th, Ray of the 128th and others:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Anno tated, relating to electrical contractors, plumbers, conditioned air contrac tors, low-voltage contractors, and utility contractors, so as to repeal provi sions authorizing the State Construction Industry Licensing Board to issue cease and desist orders to prohibit persons from violating certain provisions of said chapter relating to the business or profession of a conditioned air contractor and providing for penalties for violations of such cease and desist orders.
Referred to the Committee on Industry.
HB 817. By Representative Teper of the 61st:
A bill to amend Article 5 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to self-service storage facilities, so as to change certain provisions of the standard rental agreement relating to storage of personal property which is the basis for enforcement of liens without judi cial intervention.
Referred to the Committee on Judiciary.
HB 818. By Representative Harbin of the 113th:
A bill to amend Code Section 33-24-44 of the Official Code of Georgia Anno tated, relating to cancellation of policies generally, so as to provide that no tice of cancellation shall not be required in certain cases.
Referred to the Committee on Insurance.
HB 819. By Representatives Stephens of the 150th, Heard of the 89th and Martin of the 145th:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for con fidentiality of patients' medical information obtained by insurers from phar macies or pharmacists; to prohibit release of such information to third par ties without patient consent.
3/1/99
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 819. This notice is made prior to or upon read ing the bill the first time.

930

JOURNAL OF THE HOUSE

/s/ Ron Stephens Representative 150th District
Referred to the Committee on Judiciary.

HB 820. By Representative Irvin of the 45th:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," so as to prohibit the grant of state funds to certain hospital authorities which do not meet cer tain requirements.
Referred to the Committee on Appropriations.

HB 821. By Representative Skipper of the 137th: A bill to create a board of elections and registration for Lee County and pro vide for its powers and duties.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 822. By Representatives Skipper of the 137th and Hudson of the 156th:
A bill to amend Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, the "Natural Gas Competition and Deregulation Act," so as to authorize the Public Service Commission to initiate a proceeding for determining that adequate market conditions exist within a delivery group; to provide for the criteria to be used in making determination and con forming changes relating to stays of the process of customer assignment.
3/1/99
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 822. This notice is made prior to or upon read ing the bill the first time.

/s/ Jimmy Skipper Representative 137th District
Referred to the Committee on Industry.
HB 823. By Representatives Everett of the 163rd, Bridges of the 9th, Callaway of the 81st and Parham of the 122nd:
A bill to amend Code Section 40-2-8 of the Official Code of Georgia Anno tated, relating to operation of unregistered vehicles or vehicles without cur rent license plates, revalidation decals, or county decals, storage of unli censed vehicles, jurisdiction, display of temporary notices, and disposition of fines, so as to provide for issuance of temporary plates for vehicles sold by dealers of new and used motor vehicles and display of such temporary plates on recently purchased vehicles prior to registration.
Referred to the Committee on Motor Vehicles.

MONDAY, MARCH 1, 1999

931

HR 377. By Representatives Day of the 153rd, Stephens of the 150th and Sims of the 167th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general or local law for limitations upon the rate of increase of ad valorem taxes.
Referred to the Committee on Ways & Means.

HR 378. By Representatives Cummings of the 27th, Murphy of the 18th, Coleman of the 80th, Shanahan of the 10th, Dix of the 76th and others:
A resolution urging Congress to rename the federal "National School Lunch Act of 1946" as the "Richard B. Russell National School Lunch Act".
Referred to the Committee on Education.

HR 379. By Representative Smith of the 91st: A resolution designating the William P. Ponder Memorial Bridge.
Referred to the Committee on Transportation.

HR 380. By Representatives Franklin of the 39th, Joyce of the 1st and Davis of the 60th:
A resolution inviting Connecticut arms manufacturers to relocate to Georgia.
Referred to the Committee on Industry.

HR 412. By Representatives McBee of the 88th, Walker of the 141st, Heard of the 89th and Hudgens of the 24th:
A resolution designating the Museum of Natural History at the University of Georgia as the State Museum of Natural History, to be known as the Georgia Museum of Natural History.
Referred to the Committee on Rules.

By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the committees:
HB 844. By Representative Connell of the 115th:
A bill to amend Chapter 62 of Title 36 of the Official Code of Georgia Anno tated, known as the "Development Authorities Law," so as to authorize coun ties, municipalities, and development authorities to acquire, by exercise of the power of eminent domain, any real property which it may deem neces sary for its purposes or for any project as defined in the "Development Au thorities Law".
Referred to the Committee on State Planning & Community Affairs.
HB 845. By Representative Parrish of the 144th:
A bill to create a board of elections and registration in Johnson County.
Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE

HB 847. By Representatives Cummings of the 27th, Shanahan of the 10th, Irvin of the 45th, McKinney of the 51st, Brooks of the 54th and others:
A bill to amend Article 1 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to bonds, so as to provide requirements for pension obligation bonds.
Referred to the Committee on Retirement.

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

HB 759 HB 760 HB 761 HB 762 HB 763 HB 764 HB 765 HB 766 HB 767 HB 768 HB 769 HB 770 HB 771 HB 772 HB 773 HB 774 HB 775 HB 776 HB 777 HB 778 HB 779 HB 780 HB 781

HB 782 HB 783 HB 785 HB 786 HB 787 HB 788 HB 789 HB 790 HB 791 HB 792 HB 793 HB 794 HB 795 HB 796 HB 797 HB 798 HR 373 SB 29 SB 99 SB 103 SB 138 SB 184

Pursuant to Rule 52, Representative Stuckey of the 67th moved that the following Bill of the House be engrossed:
HB 791. By Representatives Stuckey of the 67th, Henson of the 65th and Teper of the 61st:
A bill to amend Chapter 3 of Title 19 of the Official Code of Georgia Anno tated, relating to marriage, so as to provide that mayors of municipalities may perform marriage ceremonies; to provide for the licensing of certain marriage ceremonies to be performed in foreign nations.

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

Alien Anderson Y Ashe Bailey N Bannister N Barnard N Barnes N Benefield Birdsong N Bohannon Bordeaux Y Borders

N Bridges Y Brooks N Brown Y Buck
Buckner Y Bulloch N Bunn Y Burkhalter N Byrd N Callaway N Campbell N Cash

Channell Y Childers
Clark N Coan E Coleman, B Y Coleman, T
Connell Cooper Y Cox Y Crawford Y Cummings N Davis, M

Y Davis, T N Day
Dean N DeLoach, B
DeLoach, G N Dix
Dixon N Dodson Y Dukes N Ehrhart
Epps N Evans

N Everett N Felton Y Floyd N Franklin N Golick N Graves Y Greene N Grindley N Hammontri Y Manner
Harbin E Harrell

Y Heard Heckstall
Y Hegstrom N Hembree Y Henson Y Holland
Holmes Y Houston Y Howard
Hudgens Y Hudson, H Y Hudson, N
Hugley N Irvin N Jackson, B
Jackson, L
Y James Y Jamieson
Jenkins N Jennings Y Jones N Joyce N Kaye Y Lane

MONDAY, MARCH 1, 1999

933

N Lewis Y Lord
Lucas Y MaddoK N Mann Y Manning Y Martin, J N Martin, J.L N Massey Y McBee Y McCall Y McClinton Y McKinney
Millar N Mills Y Mobley Y Morris
Mosley N Mueller
OTMeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote N Pinholster
Poag
Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves
Reece Y Reed N Reese Y Reichert N Rice N Richardson Y Roberts N Rogers Y Royal N Sanders Y Sauder N Scarlett N Scheid

N Scott Y Shanahan
N Shaw Y Shipp
Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C N Smith, C.W Y Smith, L
Smith, L.R
Y Smith, P Smith, T
N Smith, V Y Smyre N Snelling Y Snow Y Squires N Stallings N Stancil
Stanley, P Y Stanley-Turner

Stephens Y Stokes Y Stuckey Y Taylor
Teague
Y Teper Y Tillman N Tolbert Y Trense
Turnquest
Y Twiggs Unterman Walker, L Walker, R.L
Y Watson Y West N Westmoreland N Whitaker N Wiles
Williams, J Williams, R Y Wix Yates
Murphy, Spkr

On the motion, the ayes were 78, nays 58. The motion was lost.

Representative Martin of the 47th moved that the House reconsider its action in failing to engross HB 791.

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

Alien Y Anderson Y Ashe
Bailey N Bannister N Barnard Y Barnes Y Benefield
Birdsong N Bohannon
Bordeaux Y Borders N Bridges Y Brooks N Brown Y Buck Y Buckner Y Bulloch N Bunn N Burkhalter N Byrd Y Callaway N Campbell N Cash Y Channell Y Childers N Clark N Coan E Coleman, B
Coleman, T Y Connell
Cooper N Cox

Y Crawford Y Cummings N Davis, M Y Davis, T N Day
Dean N DeLoach, B N DeLoach, G N Dix Y Dixon N Dodson Y Dukes
Ehrhart Epps N Evans N Everett N Felton Y Floyd N Franklin N Golick N Graves Y Greene N Grindley N Hammontree Y Hanner N Harbin E Harrell Y Heard Heckstall Y Hegstrom N Hembree Henson Y Holland

Y Holmes
Houston
Y Howard Hudgens
Y Hudson, H Y Hudson, N Y Hugley N Irvin N Jackson, B
Jackson, L
Y James Y Jamieson
Jenkins N Jennings Y Jones N Joyce N Kaye Y Lane N Lewis Y Lord
Lucas Y Maddox N Mann Y Manning Y Martin, J N Martin, J.L N Massey Y McBee Y McCall Y McClinton Y McKinney N Millar N Mills

Y Mobley Y Morris N Mosley N Mueller
OTIeal Y Orrock Y Parham Y Parrish N Parsons Y Pelote
N Pinholster Poag
Ponder
Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed N Reese Y Reichert N Rice N Richardson Y Roberta Y Rogers Y Royal N Sanders Y Sauder N Scarlett N Scheid

N Scott Y Shanahan Y Shaw Y Shipp
Sholar
Y Sims
Y Sinkfield
Y Skipper N Smith, B Y Smith, C N Smith, C.W Y Smith, L
Smith, L.R
Y Smith, P Y Smith, T N Smith, V
Y Smyre N Snelling Y Snow Y Squires N Stallings N Stancil
Stanley, P
Y Stanley-Turner N Stephens Y Stokes Y Stuckey Y Taylor
Teague
Y Teper Y Tillman N Tolbert
Trense

934
Turnquest Twiggs Unterman

JOURNAL OF THE HOUSE

Y Walker, L N Walker, R.L N Watson

West Westmoreland Whi taker

Wiles Williams, 3 Williams, R

Y Wix N Yates
Murphy, Spkr

On the motion, the ayes were 85, nays 65.

The motion prevailed.

On the motion to engross HB 791, the roll call was ordered and the vote was as follows:

Alien Y Anderson Y Ashe
Bailey N Bannister
Barnard N Barnes Y Benefield Y Birdsong N Bohannon
Bordeaux Y Borders N Bridges Y Brooks
N Brown
Y Buck Y Buckner Y Bulloch N Bunn N Burkhalter N Byrd N Callaway N Campbell N Cash Y Channell
Y Childers
N Clark N Coan E Coleman, B
Coleman, T Y Connell N Cooper N Cox Y Crawford Y Cummings N Davis, M

Y Davis, T N Day
Dean N DeLoach, B
N DeLoach, G
N Dix Y Dixon N Dodson Y Dukes N Ehrhart
Epps N Evans N Everett N Felton Y Floyd N Franklin N Golick N Graves Y Greene N Grindley N Hammontree Y Hanner N Harbin Y Harrell Y Heard
Heckstall Y Hegstrom N Hembree
Henson Y Holland Y Holmes
Houston
Y Howard N Hudgens Y Hudson, H Y Hudson, N

Hugley N Irvin N Jackson, B
Jackson, L Y James Y Jamieson
Jenkins N Jennings Y Jones N Joyce N Kaye Y Lane N Lewis
Lord
Lucas Y Maddox N Mann Y Manning Y Martin, J N Martin, J.L N Massey Y McBee
McCall Y McClinton
McKinney N Millar N Mills
Y Mobley
Y Morris Mosley
N Mueller O'Neal
Y Orrock Y Parham
Y Parrish N Parsons

Y Pelote
N Pinholster
Poag
Ponder
Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed N Reese
Reichert N Rice N Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder N Scarlett N Scheid N Scott Y Shanahan
Shaw Shipp Sholar Y Sims Y Sinkfield Y Skipper N Smith, B Y Smith, C N Smith, C.W Y Smith, L

Smith, L.R Y Smith, P N Smith, T N Smith, V Y Smyre N Snelling Y Snow Y Squires N Stallings N Stancil
Stanley, P Stanley- Turner N Stephens Y Stokes Y Stuckey Taylor Teague Y Teper Y Tillman N Tolbert Y Trense Y Turnquest Y Twiggs Unterman Y Walker, L
N Walker, R.L Y Watson Y West
N Westmoreland N Whitaker N Wiles
Williams, J N Williams, R
Wix N Yates
Murphy, Spkr

On the motion, the ayes were 75, nays 69. The motion was lost.

Representative Coleman of the 142nd District, Chairman of the Committee on Appropri ations, submitted the following report:

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

MONDAY, MARCH 1, 1999

935

HB 100 Do Pass, by Substitute HR 47 Do Pass HR 94 Do Pass, as Amended HR 157 Do Pass, as Amended HR 161 Do Pass, as Amended

HR 164 Do Pass, as Amended HR 200 Do Pass, as Amended HR 304 Do Pass HR 364 Do Pass, as Amended HR 365 Do Pass
Respectfully submitted, /s/ Coleman of the 142nd
Chairman

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

Mr. Speaker:

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

HB 545 Do Pass HB 604 Do Pass, by Substitute HB 636 Do Pass, by Substitute

HB 670 Do Pass, by Substitute SB 28 Do Pass

Respectfully submitted, /s/ Lord of 121st
Chairman

Representative Hanner of the 159th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 650 Do Pass HB 754 Do Pass HR 328 Do Pass
Respectfully submitted, /s/ Hanner of the 159th
Chairman

Representative Smyre of the 136th District, Chairman of the Committee on Rules, sub mitted 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 376 Do Pass

936

-

JOURNAL OF THE HOUSE
Respectfully submitted, lal Smyre of the 136th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Plan ning & 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 711 Do Pass HB 728 Do Pass HB 730 Do Pass

HB 735 Do Pass HB 739 Do Pass HB 753 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 1, 1999
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 27th Legislative Day as enumer ated below:

HB 30 Day-care center employees; state & national fingerprint records check HB 146 Georgia Volunteer in Medicine Act; enact HB 165 Sheriffs and police chiefs; traffic control; police volunteers HB 269 Mental health; disability services; state-wide guidelines HB 289 Radar; permit; employment of part-time peace officer HB 318 DUI; driver improvement programs; amend provisions HB 351 State examing boards; require members reside in state HB 370 Civil practice; certain cases; venue HB 552 State court judges; qualifications; increase experience requirement

HR 268 State court judges; increase law practice requirement - CA

SB 59 Court of Appeals Judges - quorum, election, terms (Tanksley of the 32nd)

SR 88 Jt. Study Comm. on Partnership, Ga. Med. Coll. & Richmond Co. Univ. Hosp. (Walker of the 22nd)
Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, Is/ Smyre of the 136th
Chairman
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

MONDAY, MARCH 1, 1999

937

HB 711. By Representatives Smith of the 12th, Reece of the llth and Childers of the 13th: A bill to create the City of Rome Recreational Facilities Authority.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 3.
The Bill, having received the requisite constitutional majority, was passed. HB 728. By Representative Hanner of the 159th:
A bill to amend an Act entitled "An Act to create the board of commissioners of Webster County," so as to redefine the commissioner 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 114, nays 3.
The Bill, having received the requisite constitutional majority, was passed. HB 730. By Representatives Brown of the 130th, Epps of the 131st and Smith of the
102nd: A bill to amend an Act to change the compensation of the coroner of Troup County, so as to change the salary of the coroner; to change the compensa tion of the chief deputy coroner.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 3.
The Bill, having received the requisite constitutional majority, was passed. HB 735. 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 expense allowances for 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 114, nays 3.
The Bill, having received the requisite constitutional majority, was passed. HB 739. By Representative Whitaker of the 7th:
A bill to provide a new charter for the City of East Ellijay.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE

HB 753. By Representative Cummings of the 27th:
A bill to amend an Act creating the Cedartown Development Authority, so as to provide for the appointment of additional 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 114, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the House:
HB 278. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A bill to amend Chapter 14 of Title 50 of the Official Code of Georgia Anno tated, relating to open and public meetings, so as to change the definition of the term "meeting"; to require that an agency holding a meeting shall make available an agenda of all matters expected to come before the agency at such meeting.
The Senate has passed, by substitute, by the requisite constitutional majority the follow ing bill of the House:
HB 279. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide for conditions of disclosure of records received or maintained by private per sons or private entities performing services for public entities; to change pro visions relating to the time and manner in which custodians of records must respond to requests for inspection.
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 179. By Senators Hooks of the 14th, Broun of the 46th, Gillis of the 20th and others:
A bill to provide for legislative findings; to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Com munity Affairs, so as to provide for definitions; to provide for application for designation as a Regional Economic Assistance Project (REAP); to provide for the contents of the application and the minimum criteria for such designation.
By unanimous consent, the following Bill of the Senate was read the first time and re ferred to the committee:
SB 179. By Senators Hooks of the 14th, Broun of the 46th, Gillis of the 20th and others:
A bill to provide for legislative findings; to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Com munity Affairs, so as to provide for definitions; to provide for application for designation as a Regional Economic Assistance Project (REAP); to provide

MONDAY, MARCH 1, 1999

939

for the contents of the application and the minimum criteria for such designation.
Referred to the Committee on State Planning & Community Affairs.

Representative Smith of the 175th arose to a point of personal privilege and addressed the House.
Representative Floyd of the 138th arose to a point of personal privilege and addressed the House.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: HB 143. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of
the 141st, Smyre of the 136th and Smith of the 175th: A bill to amend an Act providing appropriations for the State Fiscal Year 1998-1999 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1998-1999.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 143

The Committee of Conference on HB 143 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 143 be adopted.
Respectfully submitted,

FOR THE SENATE: /s/ George Hooks
Senator, 14th District /s/ Charles W. Walker
Senator, 22nd District /s/ Terrell A. Starr
Senator, 44th District

FOR THE HOUSE OF REPRESENTATIVES: /s/ Terry L. Coleman Representative, 142nd District /s/ Larry Walker Representative, 141st District /s/ Thomas B. Buck Representative, 135th District

A BILL
To amend an Act providing appropriations for the State Fiscal Year 1998-1999 known as the "General Appropriations Act", approved April 20, 1998 (Ga. L. 1998, p. 1402), so as to change certain appropriations for the State Fiscal Year 1998-1999; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1998-1999, as amended, known as the "General Appropriations Act" approved April 20, 1998 (Ga. L. 1998, p. 1402), is further amended by striking everything following the enacting clause through Section 63, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1998, and ending June 30, 1999, as prescribed hereinafter for such fis-

940

JOURNAL OF THE HOUSE

cal 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 14,893,147 4,064,823 2,522,335
107,000 7,000 0
519,200 238,000 985,450
5,000 652,500 123,022
2,451,701 100,000
1,132,800 27,801,978 27,801,978

Senate Functional Budgets

Total Funds

State Funds

Senate and Research Office Lt. Governor's Office Secretary of the Senate's
Office Total

$

4,557,828

$

862,851

1,235,345 6,656,024

4,557,828 862,851
1,235,345 6,656,024

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

10,740,572 450,796
1,437,706 12,629,074

10,740,572 450,796
1,437,706 12,629,074

Joint Functional Budgets

Total Funds

State Funds

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities

2,983,333 2,068,000 1,083,184 1,995,877

2,983,333 2,068,000 1,083,184 1,995,877

MONDAY, MARCH 1, 1999

941

Budgetary Responsibility Oversight Committee
Total

$

386,486 $

386,486

$

8,516,880 $

8,516,880

For compensation, expenses, mileage, allowances, travel and benefits for members, offi cials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representa tives; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legis lative organizations, upon approval of the Legislative Services Committee; for member ship in the Marine Fisheries Compact and other compacts, upon approval of the Legisla tive Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; pro vided, 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 legisla tive office space, consider the most efficient and functional building designs used for of fice space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fis cal 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 provi sions 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 ex penditure 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 to wards 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 ..................................................................$

23,623,583 19,154,785
723,274 597,740 315,374
17,500 2,256,910
962,662 276,538 68,800 24,373,583 23,623,583

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JOURNAL OF THE HOUSE

PART II JUDICIAL BRANCH

Section 3. Judicial Branch. Budget Unit: Judicial Branch............................... Personal Services................................................. Other Operating ................................................. Prosecuting Attorney's Council.......................... Judicial Administrative Districts....................... Payment to Council of Superior Court Clerks. Payment to Resource Center.............................. Computerized Information Network.................. Total Funds Budgeted......................................... State Funds Budgeted........................................

Judicial Branch Functional Budgets

Total 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

7,098,392 8,471,549 39,809,132
32,135,815 1,279,908
867,114 5,315,169
166,759 4,814,709
2,968,106
297,391 103,224,044

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.........................................................

100,960,794 13,420,801 83,846,444 3,022,726 1,652,573 40,500 500,000 741,000 103,224,044 100,960,794

State Funds

$

6,289,683

$

8,421,549

$

39,735,132

$

30,911,544

$

1,279,908

$

867,114

$

5,235,899

$

166,759

$

4,814,709

$

2,968,106

$

270,391

$ 100,960,794

43,295,169 59,511,893 12,770,190
509,767 794,834 1,876,908 1,317,478 3,574,350 377,031 3,207,952 10,024,892
0 0
0
1,334,118 61,155,300

MONDAY, MARCH 1, 1999

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....................................

Departmental Functional Budgets

Total Funds

Administration Statewide Business Services General Support Services Information Technology State Properties Commission Office of the Treasury State Office of Administrative
Hearings Total

!

11,139,342

i

7,696,794

!

31,935,600

! 120,877,452

!

666,886

i

1,554,571

!

4,298,392

i 178,169,037

B. Budget Unit: Georgia Building Authority.. Personal Services............................................ Regular Operating Expenses......................... Travel............................................................... Motor Vehicle Purchases................................ Equipment....................................................... Computer Charges.......................................... Real Estate Rentals ....................................... Telecommunications ....................................... Per Diem, Fees and Contracts...................... Capital Outlay................................................ Utilities............................................................ Contractual Expense...................................... Facilities Renovations and Repairs .............. Total Funds Budgeted.................................... State Funds Budgeted...................................

Departmental Functional Budgets

Total Funds

Administration Facilities Program Operations Security Sales Van Pool Total

$

12,680,074

$

2,994,139

$

10,836,713

$

6,267,541

$

4,354,784

$

383,148

$

37,516,399

Section 5. Department of Agriculture. A. Budget Unit: Department of Agriculture..................... Personal Services...................................

943
733,484 20,039,840
550,000 35,000 48,500 75,000 232,500
178,169,037 43,295,169

State Funds

$

3,638,278

$

4,270,610

$

232,500

$

30,249,746

$

666,886

$

212,926

$

4,024,223

$

43,295,169

0 20,905,821 14,521,884
117,000 200,000 161,800 268,100
15,071 231,723 1,095,000
0 0 0 0 37,516,399 0

State Funds

44,637,459 32,612,659

944

JOURNAL OF THE HOUSE

Regular Operating Expenses........................................................$ Travel..... .........................................................................................$ Motor Vehicle Purchases...............................................................$ Equipment......................................................................................$ Computer Charges.........................................................................$ Real Estate Rentals ......................................................................$ Telecommunications ......................................................................$ Per Diem, Fees and Contracts .....................................................$ Market Bulletin Postage...............................................................$ Payments to Athens and Tifton Veterinary
Laboratories................................................................................$ Poultry Veterinary Diagnostic Laboratories in
Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe.....................................$ Veterinary Fees..............................................................................$ Indemnities ....................................................................................$ Advertising Contract.....................................................................$ Payments to Georgia Agrirama Development Authority for Operations...........................................................$ Cotton Producers Indemnity Fund (HB 148).............................$ 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 ..................................................................$
Departmental Functional Budgets

4,342,615 1,110,000
302,000 440,136 667,341 814,475 412,585 1,459,741 1,048,240
3,241,872
2,917,861 275,000 35,000 175,000
844,667 5,000,000
662,500 0
40,000 0
56,401,692 44,637,459

Total Funds

State Funds

Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Total

$

8,893,293 $

8,112,293

$

16,413,009 $

13,280,874

$

6,389,418 $

2,714,418

$

7,226,882 $

7,039,882

$

8,735,723 $

8,606,023

$

8,128,189 $

4,883,969

$

615,178 $

0

$

56,401,692 $

44,637,459

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

0 954,151 196,667
4,000 0
5,560 9,500
0 7,500 69,500 200,867 120,000 1,567,745
0

MONDAY, MARCH 1, 1999
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..... HUD - Community Development Block Pass thru Grants ........................................................... Payment to Georgia Environmental Facilities Authority................................................ Community Service Grants ...................................... Home Program........................................................... ARC-Revolving Loan Fund....................................... Local Development Fund.......................................... Downtown Redevelopment Loan Program.............. Payments to Georgia Music Hall of Fame.............. Payment to State Housing Trust Fund .................. Payments to Sports Hall of Fame ........................... Regional Economic Business Assistance Grants.... State Commission on National and Community Service..................................................................... EZ/EC Administration .............................................. EZ/EC Grants ............................................................ Regional Economic Development Grants................ Contracts for Homeless Assistance.......................... HUD Section 8 Rental Assistance........................... Total Funds Budgeted............................................... State Funds Budgeted..............................................

945
9,846,715 7,997,201
448,929 403,199 112,380 136,122 277,396 385,053
73,000 13,435 9,846,715 9,846,715
36,732,327 18,555,435 2,330,783
543,683 150,000 414,214 1,395,731 1,822,660 790,035 507,228
0
2,559,945 7,174,250
133,355
30,000,000
2,391,383 5,000,000 2,717,047
0 650,000 247,250 757,051 3,281,250 917,937 5,225,000
616,338 189,073
0 1,187,500 1,250,000 50,000,000 140,807,148 36,732,327

946

JOURNAL OF THE HOUSE

Departmental Functional Budgets

Total Funds

State Funds

Executive Division Planning and Management
Division Business and Financial Assistance Division Housing and Finance Division Accounting, Budgeting and
Personnel Division Rental Assistance Division Administrative and Computer
Support Division Georgia Music Hall of Fame
Division Community Service Division External Affairs Division Total

7,322,413 $
4,612,948 $
39,023,364 $ 7,552,959 $
6,137,471 $ 55,352,503 $
3,939,673 $
1,699,708 $ 10,632,637 $ 4,533,472 $ 140,807,148 $

6,962,175
4,399,392
7,498,237 2,717,047
4,797,263 0
2,689,324
0 3,676,824 3,992,065 36,732,327

Section 8. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation........................................................$ Personal Services...........................................................................$ Regular Operating Expenses........................................................$ Travel..............................................................................................$ Motor Vehicle Purchases...............................................................$ Equipment...................................................................................... $ Computer Charges.........................................................................$ Real Estate Rentals ......................................................................$ Telecommunications ......................................................................$ Per Diem, Fees and Contracts.....................................................$ Capital Outlay ....................................................................,..........$ Utilities...........................................................................................$ Court Costs ....................................................................................$ County Subsidy..............................................................................$ County Subsidy for Jails ..............................................................$ County Workcamp Construction Grants.....................................$ Central Repair Fund.....................................................................$ Payments to Central State Hospital for Meals..........................$ Payments to Central State Hospital for Utilities.......................................................................................$ Payments to Public Safety for Meals..........................................$ 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 ..................................................................$

782,170,390 521,169,928 63,039,247
2,424,401 2,194,938 3,964,660 5,580,060 6,023,610 6,885,410 17,403,223
0 22,941,813
1,200,000 21,888,333 11,269,055 26,500,000
1,093,624
3,784,700
1,556,055 577,160
1,458,972 80,460,040
66,620
366,244 894,000 802,742,093 450,000
0 782,170,390

MONDAY, MARCH 1, 1999

Departmental Functional Budgets

Total Funds

Executive Operations Administration Human Resources Field Probation Facilities Total

$

43,491,514

$

13,143,708

$

9,058,203

$

63,742,585

$ 673,306,083

$ 802,742,093

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 ........................

Section 9. Department of Defense. Budget Unit: Department of Defense.... Personal Services................................. Regular Operating Expenses.............. Travel.................................................... Motor Vehicle Purchases.....................
Equipment............................................ Computer Charges............................... Real Estate Rentals............................ Telecommunications ............................ Per Diem, Fees and Contracts ........... Capital Outlay..................................... Total Funds Budgeted......................... State Funds Budgeted........................

Departmental Functional Budgets

Total Funds

Office of the Adjutant General Georgia Air National Guard Georgia Army National
Guard Total

1,797,318 5,910,336
14,909,419 22,617,073

Section 10. State Board of Education Department of Education.
A. Budget Unit: Department of Education . Operations:
Personal Services.......................................

947

State Funds
42,984,514 12,843,708 9,058,203 63,262,585 654,021,380 782,170,390
47,017,963 36,587,988
1,692,700 565,000 272,500 194,425 591,200
2,920,000 965,000
2,343,650 860,500 25,000
47,017,963 47,017,963
5,538,547 11,468,131 10,398,783
42,375 0
12,000 59,211 24,400 97,973 514,200
0 22,617,073
5,538,547

State Funds

$

1,541,077

$

683,290

$

3,314,180

$

5,538,547

4,827,307,403 36,659,106

948

JOURNAL OF THE HOUSE

Regular Operating Expenses................................ Travel...................................................................... Motor Vehicle Purchases....................................... Equipment.............................................................. Computer Charges................................................. Real Estate Rentals .............................................. Telecommunications.............................................. Per Diem, Fees and Contracts ............................. Utilities................................................................... Capital Outlay....................................................... QBE Formula Grants: Kindergarten/Grades 1 - 3 ................................... Grades 4 - 8........................................................... Grades 9 - 12......................................................... High School Laboratories..................................... Vocational Education Laboratories...................... Special Education.................................................. Gifted...................................................................... Remedial Education.............................................. Staff Development and Professional
Development....................................................... Media ...................................................................... Indirect Cost.......................................................... Pupil Transportation............................................. Local Fair Share.................................................... Mid-Term Adjustment Reserve............................ Teacher Salary Schedule Adjustment................. Other Categorical Grants: Equalization Formula............................................ Sparsity Grants..................................................... In School Suspension............................................ Special Instructional Assistance.......................... Middle School Incentive........................................ Special Education Low - Incidence Grants......... Limited English-Speaking Students Program.... Non-QBE Grants: Education of Children of Low-Income Families. Retirement (H.B. 272 and H.B. 1321)................. Instructional Services for the Handicapped....... Tuition for the Multi-Handicapped ..................... Severely Emotionally Disturbed.......................... School Lunch (Federal)......................................... School Lunch (State)............................................. 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......................................................

7,391,508 1,376,889
0 93,497 21,291,061 1,351,240 1,227,256 57,137,664 793,952
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
35,306,586 126,497,757 769,988,915 151,357,028 (806,623,477) 86,558,048
0
204,279,413 3,158,000
30,151,010 103,079,409 93,216,695
620,134 22,468,186
235,850,010 5,508,750 54,732,103 2,300,000
49,458,630 188,375,722 33,469,043
4,962,356
1,491,147 10,496,210 3,699,262 31,291,008 3,884,639 3,603,824 12,205,002
293,520 2,907,636
756,500 981,050

MONDAY, MARCH 1, 1999

Year 2000 Project Funding................................ 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......................................... 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.......................................

Departmental Functional Budgets

Total 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

11,959,835 45,756,179
1,261,927 8,316,143 7,463,466 33,133,866
0 5,377,956,420
5,706,124 4,748,090 5,525,035 3,101,508 5,504,928,593

B. Budget Unit: Lottery for Education...... Pre-Kindergarten - Grants ....................... Pre-Kindergarten - Personal Service....... Pre-Kindergarten - Operations ................ Applied Technology Labs.......................... Financial and Management Equipment..

949
1,033,871 89,190,742 9,913,513
17,650,639 749,301
1,690,215 500,000
11,625,943 4,632,785 1,227,493 5,042,895 1,047,000
99,547,892 18,613,363
1,250,000 1,608,000
382,597 4,340,000 1,689,931 12,924,311
267,333 100,000 7,618,000 500,000 1,164,604 15,401,836 274,395 5,504,928,593 340,000 4,827,307,403

State Funds

$

9,964,952

$

39,901,646

$

1,184,338

$

6,027,581

$

482,894

$

31,437,995

$

0

$ 4,722,347,154

$

5,295,437

$

4,508,563

$

5,044,293

$

1,112,550

$ 4,827,307,403

324,585,972 209,288,979
1,992,303 5,047,677 3,300,000 9,006,730

950

JOURNAL OF THE HOUSE

Alternative Programs............................................. Educational Technology Centers........................... Distant Learning - Satellite Dishes ..................... Fort Discovery National Science Center.............. Capital Outlay........................................................ Post Secondary Options ......................................... Learning Logic Sites.............................................. Assistive Technology .............................................. Computers in the Classroom................................. Total Funds Budgeted............................................ Lottery Funds Budgeted........................................

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...........................................

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...........................................

Departmental Functional Budgets

Total Funds

Reforestation Field Services General Administration
and Support Total

$

2,057,502

$

36,829,387

$

4,476,489

$

43,363,378

0 660,000
0 1,500,000 60,938,547 4,064,736
0 2,000,000 26,787,000 324,585,972 325,585,972
673,425 2,498,569
245,100 22,000
0 1,450 2,599,117 327,900 44,001 1,363,105 673,425 7,774,667 673,425
38,218,400 29,062,867 5,753,394
162,613 1,541,975 4,169,581
347,500 21,420
1,160,555 813,221 0 28,500 60,000 241,752
43,363,378 38,218,400

State Funds

$

28,901

$ 33,881,165

$

4,308,334

$

38,218,400

MONDAY, MARCH 1, 1999

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 ............................................ Evidence Purchased............................................ Capital Outlay..................................................... Total Funds Budgeted......................................... State Funds Budgeted ........................................

Departmental Functional Budgets

Total Funds

Administration Investigative Georgia Crime Information Center Forensic Sciences Total

$

4,378,333

$

25,861,032

$

9,765,301

$

13,284,674

$ 53,289,340

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................................................ Flood - Contingency......................................... Total Funds Budgeted...................................... State Funds Budgeted.....................................

951
53,289,340 40,274,591
5,317,001 441,379 294,000
1,252,540 1,755,400
380,645 1,014,739
484,000 0
53,289,340 53,289,340
State Funds
4,378,333 25,861,032 9,765,301 13,284,674 53,289,340
51,024,074 16,836,717 1,053,218
242,403 0
99,204 672,698 1,074,101 486,884 3,890,769 3,279,146 40,000 12,861,789 148,913 4,010,000 241,500 175,000
0 262,605 1,915,800 100,000 684,400 1,085,968
0 57,000 50,000 10,000,000 59,268,115 51,024,074

952

JOURNAL OF THE HOUSE

Departmental Functional Budgets

Total 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

$

26,379,848

$

1,055,863

$

7,917,274

$

5,282,330

$

3,406,398

$

693,695

$

1,417,092

$

2,753,055

$

308,849

$

4,982,203

$

5,071,508

$

0

$

59,268,115

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............. Operating Expenses ............................................. Total Funds Budgeted.......................................... Indirect DOAS Services Funding........................ State Funds Budgeted.........................................

Departmental Functional Budgets

Total Funds

Commissioner's Office Office of Planning and Budget
Services Office of Adoption

1,063,023
4,099,356 7,496,417

State Funds

$

26,379,848

$

796,693

$

7,917,274

$

4,649,681

$

3,287,398

$

693,695

$

307,193

$

583,967

$

308,849

$

4,982,203

$

1,117,273

$

0

$ 51,024,074

1,217,194,421
75,289,056 2,804,309 1,734,518 1,573,678 111,313 4,667,716 9,672,474
45,057,557 9,344,247
0 46,736,389 55,927,874
89,214 830,352 22,413,965 1,278,116 714,564 278,245,342 3,982,840 158,086,253

State Funds

$

1,063,023

4,099,356

$

5,430,588

MONDAY, MARCH 1, 1999

Children's Community Based Initiative
Troubled Children's Placements Human Resources Development Rural Health 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 Transportation Services Indirect Cost Policy and Government Services Aging Services State Health Planning Agency DD Council Total

8,477,499 1,285,580
111,648 46,736,389 83,779,292
5,326,156
592,106 3,119,082 10,775,409 6,440,923 7,095,283 1,932,078 7,000,098 9,175,212
0 1,297,150 68,930,274 1,828,646 1,683,721 278,245,342

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...........................

Departmental Functional Budgets

Total Funds

District Health Administration Newborn Follow-Up Care Oral Health Stroke and Heart Attack
Prevention Sickle Cell, Vision and Hearing High-Risk Pregnant Women and
Infants Sexually Transmitted Diseases Family Planning

13,187,156 1,621,801 1,728,103
2,264,400 4,556,076
5,148,516 3,142,667 10,914,939

953
8,102,499 1,285,580
111,648 33,585,726 46,778,190 4,076,660
582,106 3,092,513 5,099,493 2,318,527 5,745,248 1,932,078 7,000,098
767,434 (14,714,419)
1,297,150 38,654,945
1,728,646 49,164
158,086,253
49,747,200 75,501,063
850,046 0
195,367 1,283,987 5,178,731
0 904,761 330,732 16,723,789 142,417,964 34,500 190,457 5,222,222 298,580,819 324,160 161,790,916

State Funds

$

13,060,221

$

1,343,698

$

1,402,928

$

1,151,788

$

3,789,257

$

5,148,516

$

1,081,142

$

5,837,156

954

JOURNAL OF THE HOUSE

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 Vital Records Health Services Research Environmental Health Laboratory Services Community Health Management AIDS Drug and Clinic Supplies Adolescent Health Public Health - Planning Councils Early Intervention Public Health - Division Indirect
Cost Total

$

83,836,266

$

71,867,335

$

13,224,198

$

3,781,966

$

1,541,005

$

1,709,774

$

1,566,915

$

5,858,685

$

947,765

$

1,072,210

$

2,642,740

$

213,052

$

583,309

$

5,292,059

$

1,899,972

$

358,474

$

1,951,438

$

539,144

$

1,970,860

$

6,888,271

$

173,874

$

10,562,837

$

10,740,045

$

13,257,102

$

181,710

$

13,356,155

$

0

$ 298,580,819

3. Rehabilitation Services Budget: Personal Services................................... Regular Operating Expenses................ Travel ...................................................... Motor Vehicle Purchases....................... Equipment .............................................. Real Estate Rentals............................... Per Diem, Fees and Contracts.............. Computer Charges................................. Telecommunications............................... Case Services.......................................... Special Purpose Contracts.................... Purchase of Services Contracts ............ Major Maintenance and Construction. Utilities................................................... Postage.................................................... Total Funds Budgeted ........................... Indirect DOAS Services Funding......... State Funds Budgeted...........................

Departmental Functional Budgets

Total Funds

Vocational Rehabilitation Services

62,830,592

$

0

$

70,713,563

$

6,532,632

$

2,431,253

$

1,433,783

$

1,457,633

$

0

$

4,360,684

$

647,705

$

584,991

$

1,161,007

$

213,052

$

583,309

$

5,292,059

$

1,642,788

$

215,836

$

1,696,341

$

539,144

$

1,458,987

$

6,618,271

$

173,874

$

6,118,781

$

2,640,380

$

2,906,090

$

164,213

$

11,015,451

$ (1,625,617) $ 161,790,916

83,971,553 11,608,147
1,567,496 50,582 803,072
5,103,781 10,841,499
302,541 2,360,907 32,289,559
735,245 11,883,883
255,000 859,650 649,007 163,281,922 100,000 24,827,608

State Funds

$

13,578,602

MONDAY, MARCH 1, 1999

Independent Living Employability Services Community Facilities Program Direction and Support Grants Management Disability Adjudication Georgia Factory for Blind Roosevelt Warm Springs
Institute Total

768,949 511,903 10,471,695 1,634,051 744,540 46,035,799 12,333,607
27,950,786 163,281,922

4. Family and Children Services Budget: Personal Services...................................... Regular Operating Expenses ................... Travel......................................................... Motor Vehicle Purchases.......................... Equipment................................................. Real Estate Rentals.................................. Per Diem, Fees and Contracts................. Computer Charges.................................... Telecommunications.................................. Children's Trust Fund.............................. Cash Benefits............................................ Special Purpose Contracts....................... Service Benefits for Children .................. Purchase of Service Contracts................. Postage....................................................... Grants to County DFACS - Operations.. Total Funds Budgeted.............................. Indirect DOAS Services Funding............ State Funds Budgeted..............................

Departmental Functional Budgets

Total Funds

Director's Office Social Services Administrative Support Quality Assurance Community Services Field Management Human Resources Management Public Assistance 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

595,539 3,830,645 2,768,398 4,199,523 11,592,055 1,243,216 2,458,110 5,047,288 44,488,295

271,131,764 1,122,012 2,799,420 7,223,130

$ 121,788,835

$ 100,017,177

$

3,190,752

$

8,649,308

955
333,969 511,903 2,851,205 566,944 744,540
0 911,649
5,328,796 24,827,608
30,010,070 4,405,294
885,885 0
443,950 3,745,843 27,026,214
0 1,059,070 3,992,945 281,422,326 7,067,433 258,239,622 31,016,860 2,037,559 339,077,955 990,431,026
0 358,858,882

State Funds

$

595,539

$

3,318,604

$

2,489,095

$

4,199,523

$

1,311,682

$

1,243,216

$

1,452,319

$

3,151,178

$

4,657,315

$

53,247,444

$

1,122,012

$

0

$

0

$

60,005,156

$

37,725,200

$

0

$

2,530,614

956

JOURNAL OF THE HOUSE

County DFACS Operations - Joint and Administration
County DFACS Operations Employability Program
Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Prevention of Foster Care Day Care Special Projects Children's Trust Fund Indirect Cost Total

85,839,926
22,782,709 45,257,515 4,290,503 36,785,262 15,693,415
6,646,142 19,610,612 10,044,785 143,445,622 3,896,123 3,992,945
0 990,431,026

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 Augusta Regional Hospital 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 Substance Abuse Residential
Services Community Mental Health
Services Community Mental Retardation
Services Community Substance Abuse
Services State Administration

37,317,489 15,642,617

$

27,519,374

$

41,882,261

$ 118,468,958

$

17,709,411

$

53,750,270

$

19,986,906

$

3,975,087

$

1,091,647

$

552,908

$ 176,931,215

$

96,670,593

$ 69,845,218

$

8,394,444

$

39,671,326

$

8,507,737

$

15,861,742

$

2,520,990

$

23,915,275

$

11,320,907

$

5,798,815

$

14,010,181

$

8,218,081

$

53,611,937

$

3,856,123

$

3,992,945

$ (9,476,074)

$ 358,858,882

290,156,988 50,366,612 200,000 10,239,760 3,223,161 340,653,552
694,840,073 1,313,100
513,630,762

State Funds

$ 22,447,722

$

13,755,725

$

17,097,991

$

30,901,924

$

77,795,168

$

16,078,590

$

29,700,574

$ 17,200,667

$

3,056,433

$

955,131

$

0

$ 171,000,084

$ 65,498,114

$ 37,989,981

$

5,829,287

MONDAY, MARCH 1, 1999

957

Regional Administration Total

5,101,675 694,840,073

4,323,371 513,630,762

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

529,174,867 94,318,813 5,037,945
1,824,260 1,553,702 14,801,327 52,718,918 45,360,098 13,668,985 51,081,176 340,653,552 32,289,559 3,992,945 281,422,326 8,133,410 304,976,011 115,552,406 142,417,964 3,601,875 11,099,410 3,707,375 22,413,965 340,356,071 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 ..................................................................$

23,256,380 11,373,225
1,446,549 647,475 16,200 95,067 459,480 848,245 400,700
1,663,030 250,600
6,005,809 0 0
50,000 0
23,256,380 23,256,380

Departmental Functional Budgets

Total Funds

State Funds

Administration

8,178,950 $

8,178,950

958

JOURNAL OF THE HOUSE

Economic Development Trade Tourism Georgia Legacy Strategic Planning and
Research Total

4,574,038 1,766,560 4,534,149 1,534,279
2,668,404 23,256,380

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..........................

Departmental Functional Budgets

Total 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

Section 18. Department of Juvenile
Justice. Budget Unit: Department of Juvenile
Justice............................................ Personal Services............................................... Regular Operating Expenses............................ Travel.................................................................. Motor Vehicle Purchases................................... Equipment.......................................................... Computer Charges............................................. Real Estate Rentals.......................................... Telecommunications .......................................... Per Diem, Fees and Contracts......................... Utilities............................................................... Institutional Repairs and Maintenance.......... Grants to County-Owned Detention Centers . Service Benefits for Children........................... Purchase of Service Contracts ......................... Capital Outlay................................................... Juvenile Justice Reserve................................... Total Funds Budgeted....................................... State Funds Budgeted ......................................

4,574,038 1,766,560 4,534,149 1,534,279
2,668,404 23,256,380
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
State Funds
4,210,382 6,095,406
620,037
4,051,400 804,677
15,781,902
215,253,274 125,616,777 13,945,080
1,346,330 536,615 605,778
2,129,328 2,051,185 1,404,873 13,236,729 3,540,020
652,485 0
24,020,998 30,330,105
1,307,545 0
220,723,848 215,253,274

MONDAY, MARCH 1, 1999

959

Departmental Functional Budgets

Total Funds

State Funds

Regional Youth Development Centers
Bill Ireland YDC Augusta State YDC Lorenzo Benn YDC Macon State YDC Wrightsville YDC YDC Purchased Services Eastman YDC Court Services Day Centers Group Homes CYS Purchased Services Georgia Addiction Pregnancy and
Parenting Project Law Enforcement Office Assessment and Classification Multi-Service Centers Youth Services
Administration Total

44,867,224 18,459,161 12,727,620 7,920,663 6,662,309 16,506,511 27,237,559 11,927,061 22,507,398
413,799 1,028,644 26,263,205
150,000 1,955,246
551,455 3,981,645
17,564,348 220,723,848

44,303,826 17,795,649 12,221,190 7,670,679 6,364,750 15,838,421 26,407,384 11,567,061 22,244,903
413,799 1,028,644 25,304,872
150,000 1,955,246
551,455 3,891,645
17,543,750 215,253,274

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

11,251,054 76,580,323 6,891,518
1,339,327 0
465,488 3,200,000 2,017,900 1,467,439 54,500,000 5,348,867
0 1,774,079
0 153,584,941 11,251,054

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 ......................................................................$ Telecommunications ......................................................................$ Per Diem, Fees and Contracts .....................................................$ Books for State Library................................................................$

13,837,210 13,068,257
816,949 199,322
0 21,000 305,201 826,548 145,924 16,160,000 147,000

960

JOURNAL OF THE HOUSE

Total Funds Budgeted.. State Funds Budgeted.

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...........................................

Departmental Functional Budgets

Total Funds

Commissioner's Office Benefits, Penalties and
Disallowances System Management Indemnity Chronic Care Quality, Eligibility and Third
Party Liability Reimbursement Services Indemnity Acute Care Legal and Regulatory Managed Care General Administration Total

1,720,407
3,233,995,300 46,442,745 6,411,348
3,759,211 3,134,856 7,524,607 7,304,892 54,209,831 52,161,409 3,416,664,606

B. Budget Unit: Indigent Trust Fund. Per Diem, Fees and Contracts.......... Benefits................................................ Total Funds Budgeted........................ State Funds Budgeted.......................

C. Budget Unit: PeachCare for Kids. Personal Services.............................. Regular Operating Expenses........... Travel................................................. Motor Vehicle Purchases.................. Equipment......................................... Computer Charges............................ Real Estate Rentals ......................... Telecommunications ......................... Per Diem, Fees and Contracts........ PeachCare Benefits .......................... Total Funds Budgeted...................... State Funds Budgeted.....................

31,690,201 13,837,210
1,198,280,467 19,405,881 5,732,000 312,930 165,000 222,000 40,361,600 892,880 566,600
114,237,915
3,233,995,300 772,500
3,416,664,606 1,198,280,467

State Funds

$

794,527

$ 1,143,353,658

$

12,998,623

$

2,521,414

$

1,376,806

$

1,520,621

$

2,655,223

$

3,293,271

$

26,957,164

$

2,809,160

$ 1,198,280,467

148,828,880 8,200,000
364,183,084 372,383,084 148,828,880

8,623,130 410,607 407,634 50,000 0 12,000 271,700 0 14,950
6,060,893 25,421,432 32,649,216
8,623,130

MONDAY, MARCH 1, 1999

961

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.............................

Departmental Functional Budgets

Total Funds

Executive Office Human Resource Administration Employee Benefits Internal Administration Children's Health Insurance
Program Total

1,564,340 5,314,686 1,225,138,628 4,422,455

$

0

$ 1,236,440,109

32,500,000 9,324,819 1,948,626
107,000 30,495 895,630 261,302,453 3,613,928 337,915 958,879,243 1,236,440,109
0 1,139,025 10,239,210 1,192,213,501
348,373 32,500,000

State Funds

$
$ 32,500,000
0

$

0

$

32,500,000

A. Budget Unit: Department of Natural Resources ....................................
Personal Services................................................ Regular Operating Expenses............................. Travel................................................................... Motor Vehicle Purchases.................................... Equipment........................................................... Real Estate Rentals ........................................... Per Diem, Fees and Contracts.......................... Computer Charges.............................................. Telecommunications ........................................... Authority Lease Rentals.................................... Advertising and Promotion................................ Cost of Material for Resale ...............................
Capital Outlay: New Construction............................................... Repairs and Maintenance.................................. Land Acquisition Support.................................. Wildlife Management Area Land Acquisition. Shop Stock - Parks............................................. User Fee Enhancements .................................... Buoy Maintenance..............................................

109,910,803 77,269,779 14,195,445
623,961 1,805,910 2,591,559 2,444,702 10,668,329
836,964 1,282,872
0 1,050,000 1,304,556
1,082,457
3,088,000
213,750 722,330 350,000 1,300,000 26,250

962

JOURNAL OF THE HOUSE

Waterfowl Habitat .........................................................................$ Paving at State Parks and Historic Sites...................................$ Grants: Land and Water Conservation.....................................................$ Georgia Heritage 2000 Grants.....................................................$ Recreation....................................................................................... $ Chattahoochee River Basin Grants.............................................$ Contracts: Paralympic Games.........................................................................$ Technical Assistance Contract .....................................................$ Corps of Engineers (Cold Water Creek
State Park) .................................................................................$ Georgia State Games Commission ..............................................$ U.S. Geological Survey for Ground
Water Resources.........................................................................$ U.S. Geological Survey for Topographic
Mapping...................................................................................... $ Payments to Civil War Commission............................................$ Hazardous Waste Trust Fund......................................................$ Solid Waste Trust Fund................................................................$ Payments to Georgia Agricultural Exposition
Authority..................................................................................... $ Payments to Mclntosh County.....................................................$ Total Funds Budgeted...................................................................$ Receipts from Jekyll Island State Park
Authority..................................................................................... $ Receipts from Stone Mountain Memorial
Association.................................................................................. $ Receipts from Lake Lanier Islands
Development Authority .............................................................$ Receipts from North Georgia Mountain
Authority.....................................................................................$ Indirect DOAS Funding................................................................$ State Funds Budgeted ..................................................................$

0 500,000
800,000 161,000 500,000
0
0 0
170,047 208,272
300,000
0 36,015 12,790,539 6,132,574
2,352,071 100,000
144,907,382
891,069
0
2,663,931
1,429,219 200,000
109,910,803

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office Program Support Historic Preservation Parks, Recreation and Historic
Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention
Assistance Total

$

5,180,869 $

5,165,869

$

4,128,106 $

4,128,106

$

2,851,772 $

2,361,772

$ 38,348,533 $ 19,483,646

$

2,546,030 $

2,051,312

$ 37,774,481 $ 32,427,690

$ 53,118,838 $ 43,333,655

$

958,753 $

958,753

$ 144,907,382 $ 109,910,803

B. Budget Unit: Georgia Agricultural Exposition Authority................................................................ $
Personal Services...........................................................................$ Regular Operating Expenses........................................................$ Travel..............................................................................................$ Motor Vehicle Purchases...............................................................$

0 2,920,177 2,304,978
25,000 0

MONDAY, MARCH 1, 1999

Equipment.................................. Computer Charges..................... Real Estate Rentals .................. Telecommunications .................. Per Diem, Fees and Contracts. Capital Outlay........................... Total Funds Budgeted............... State Funds Budgeted..............

Departmental Functional Budgets

Total Funds

Georgia Agricultural Exposition Authority

$

6,150,155

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....................................... 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.......................................

963
95,000 40,000
0 70,000 695,000
0 6,150,155
0
State Funds
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
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

964

JOURNAL OF THE HOUSE

Departmental Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

$

21,763,287 $

20,263,287

$ 23,898,222 $ 23,898,222

$

60,468,969 $

60,318,969

$ 106,130,478 $ 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 ................................................................$ Training of Personnel under the Georgia Peace Officer Standards and Training Act........................................! Capital Outlay...............................................................................! Total Funds Budgeted...................................................................! State Funds Budgeted..................................................................$

14,843,486
8,293,835 2,587,526
94,010 64,220 393,546 148,442 156,997 207,037 488,533 2,425,200
3,603,386 300,000
18,762,732 14,843,486

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 $

348,840

$

1,514,787 $

1,514,787

$

1,161,166 $

1,071,166

$

1,149,978 $

1,039,978

$

456,885 $

456,885

$

11,361,830 $

10,411,830

$

18,762,732 $

14,843,486

Section 25. Public School Employees' 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...............................................................!

9,543,799 7,767,274
670,486 278,106 309,500

MONDAY, MARCH 1, 1999

Equipment.................................. Computer Charges..................... Real Estate Rentals .................. Telecommunications.................. Per Diem, Fees and Contracts. Total Funds Budgeted............... State Funds Budgeted..............

Departmental Functional Budgets

Total Funds

Administration Transportation Utilities Total

$

3,243,720

$

4,186,195

$

4,950,054

$

12,379,969

Section 27. Board of Regents, University
System of Georgia. A. Budget Unit: Resident Instruction............... Personal Services:
Educ., Gen., and Dept. Svcs............................ Sponsored Operations ...................................... Operating Expenses: Educ., Gen., and Dept. Svcs............................ Sponsored Operations...................................... Special Funding Initiative............................... Office of Minority Business Enterprise.......... Student Education Enrichment Program ...... Forestry Research............................................. Research Consortium....................................... Capital Outlay.................................................. Total Funds Budgeted...................................... Departmental Income....................................... Sponsored Income............................................. Other Funds...................................................... Indirect DOAS Services Funding.................... State Funds Budgeted.....................................

B. Budget Unit: Regents Central Office and Other Organized Activities ...................................
Personal Services: Educ., Gen., and Dept. Svcs............................ Sponsored Operations.....................................
Operating Expenses: Educ., Gen., and Dept. Svcs........................... Sponsored Operations..................................... Fire Ant and Environmental Toxicology Research........................................................ Agricultural Research..................................... Advanced Technology Development Center/ Economic Development Institute ............... Capitation Contracts for Family Practice Residency...................................................... Residency Capitation Grants ......................... Student Preceptorships...................................

965
71,526 404,786 330,108 168,202 2,379,981 12,379,969 9,543,799
State Funds
3,243,720 1,580,886 4,719,193 9,543,799
1,398,804,942
1,455,407,686 215,731,047
454,183,917 637,169,805
31,420,581 990,354 361,267 954,461
46,710,000 17,167,263 2,860,096,381 103,648,940 852,900,852 501,702,147 3,039,500 1,398,804,942
191,622,861
290,767,410 118,215,795
130,524,657 70,293,453
0 2,632,448
17,127,687
4,312,000 1,974,000
176,400

966

JOURNAL OF THE HOUSE

Mercer Medical School Grant................................. Morehouse School of Medicine Grant..................... Capital Outlay.......................................................... Center for Rehabilitation Technology..................... SREB Payments........................................................ Medical Scholarships................................................ Regents Opportunity Grants................................... Regents Scholarships............................................... Rental Payments to Georgia Military College....... CRT Inc. Contract at Georgia Tech Research
Institute................................................................. Direct Payments to the Georgia Public Telecommunications Commission for Operations.. Pediatric Residency Capitation Contracts ............. Total Funds Budgeted.............................................. Departmental Income............................................... Sponsored Income..................................................... Other Funds.............................................................. Indirect DOAS Services Funding............................ State Funds Budgeted.............................................

Regents Central Office and Other Organized Activities

Total 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 Georgia Board for Physician Workforce Georgia Radiation Therapy Center Athens and Tifton Veterinary Laboratories Regents Central Office Total

$

2,366,695

$

5,206,075

$

1,631,699

$ 109,739,028

$

17,127,687

$

71,960,073

$ 58,273,929

$ 345,265,352

3,174,529

$

5,205,161

$

27,787,441

$

3,511,664

$

3,484,976

$

27,787,936

$ 682,522,245

C. Budget Unit: Georgia Public Telecommunications Commission........................
Personal Services........................................................................... Operating Expenses...................................................................... General Programming................................................................... Distance Learning Programming................................................. Capital Outlay............................................................................... Total Funds Budgeted...................................................................

7,660,000 7,394,890
500,000 4,567,076 5,577,775 1,588,578
600,000 200,000 1,276,071
179,214
16,474,791 480,000
682,522,245 3,576,811
199,211,819 287,567,254
543,500 191,622,861

State Funds

$

1,515,836

$

1,731,075

$

1,066,845

$

9,299,364

7,692,033 42,320,924 34,086,429
34,591,288
3,174,529
545,004
27,787,441 0
131,006 27,681,087 191,622,861

0 10,334,700 8,870,865 3,889,958 6,702,234
90,000 29,887,757

MONDAY, MARCH 1, 1999

Other Funds.............................................................. State Funds Budgeted.............................................

D. Budget Unit: Lottery for Education..................... Equipment, Technology and Construction Trust Fund....................................................................... Georgia Public Telecommunications Commission. Internet Connection Initiative ................................ Special Funding Initiatives..................................... Georgia Military College - Equipment................... Total Funds Budgeted.............................................. Lottery Funds Budgeted..........................................

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.............................................

Departmental Functional Budgets Total 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

30,174,813 6,736,661 12,457,935 17,355,208 8,489,277 18,920,612 8,680,937 4,815,402 4,116,455
20,000 4,430,892 2,477,827 118,676,019

Section 29. Secretary of State. A. Budget Unit: Secretary of State. Personal Services............................ Regular Operating Expenses......... Travel............................................... Motor Vehicle Purchases................ Equipment.......................................

967
29,887,757 0
26,885,000
15,000,000 2,000,000 2,219,000 7,466,000
200,000 26,885,000 26,885,000

113,297,564 64,948,662
5,288,064 1,162,429
207,300 1,416,812 13,075,468 3,179,425 2,618,339 1,921,600 3,422,795
0 2,404,350 3,574,944 15,453,831 118,676,019 3,845,000 113,297,564

State Funds

$

30,174,813

$

6,586,661

$

11,442,735

$

17,215,208

$

8,189,277

$

17,620,612

$

8,680,937

$

3,081,947

$

4,016,455

$

20,000

$

3,791,092

$

2,477,827

$ 113,297,564

29,641,611 18,387,545 3,354,702
245,300 105,650 131,482

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Computer Charges..................... Real Estate Rentals .................. Telecommunications .................. Per Diem, Fees and Contracts. Election Expenses...................... Total Funds Budgeted............... State Funds Budgeted..............

Departmental Functional Budgets

Total Funds

Internal Administration Archives and Records Business Services -
Corporations Business Services - Securities Elections and Campaign
Disclosure Drugs and Narcotics State Ethics Commission State Examining Boards Holocaust Commission Total

4,562,718 5,035,638
2,610,676 2,017,587
4,348,582 1,247,851
388,710 10,241,898
232,951 30,686,611

B. Budget Unit: Real Estate Commission . Personal Services....................................... Regular Operating Expenses.................... Travel.......................................................... Motor Vehicle Purchases........................... Equipment.................................................. Computer Charges..................................... Real Estate Rentals .................................. Telecommunications .................................. Per Diem, Fees and Contracts................. Total Funds Budgeted............................... State Funds Budgeted..............................

Departmental Functional Budgets

State Funds

Real Estate Commission

2,272,618

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 ....................................

3,016,336 2,474,252
814,690 1,559,154
597,500 30,686,611 29,641,611

State Funds
4,532,718 4,960,638
1,890,676 1,967,587
4,328,582 1,247,851
388,710 10,091,898
232,951 29,641,611
2,272,618 1,383,094
166,400 15,000 29,000 7,639
181,400 170,085 187,000 133,000 2,272,618 2,272,618

Cost of Operations

$

2,312,618

2,194,317 1,345,344
245,178 41,650 27,464 13,188 13,800 118,648 26,788

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969

Per Diem, Fees and Contracts .....................................................$ County Conservation Grants........................................................$ Total Funds Budgeted...................................................................$ State Funds Budgeted ..................................................................$

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

33,478,570 534,451 22,680 18,000 0 7,500 38,822 46,000 18,691 91,800 0
4,510,455 25,749,053
500,000 86,000 337,500 68,500 100,000 808,368
0 540,750 33,478,570 33,478,570

Departmental Functional Budgets

Total Funds

State Funds

Georgia Student Finance Authority
Georgia Nonpublic Postsecondary Education Commission
Total

$

32,700,626 $

32,700,626

$

777,944 $

777,944

$

33,478,570 $

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

215,153,022 117,418,487 29,888,210 26,527,997
7,167,088 28,029,000
771,210 220,530 3,500,000 1,107,000 523,500 215,153,022 215,153,022

Section 32. Teachers' Retirement System. Budget Unit: Teachers' Retirement System ..................................$

3,800,000

970

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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....................................

Section 33. Department of Technical and
Adult Education. A. Budget Unit: Department of Technical and
Adult Education ...................... Personal Services............................................. Regular Operating Expenses.......................... Travel................................................................ Motor Vehicle Purchases.................................. Equipment........................................................ Real Estate Rentals ......................................... Per Diem, Fees and Contracts....................... Computer Charges........................................... Telecommunications ........................................ Salaries and Travel of Public Librarians ..... Public Library Materials................................ Talking Book Centers ..................................... Public Library Maintenance and Operation.. Capital Outlay................................................. Personal Services-Institutions........................ Operating Expenses-Institutions.................... Area School Program...................................... Adult Literacy Grants..................................... Regents Program............................................. Quick Start Program....................................... Total Funds Budgeted..................................... State Funds Budgeted....................................

Departmental Functional Budgets

Total Funds

Administration Institutional
Programs Total

$

10,256,063

$ 315,491,811 $ 325,747,874

B. Budget Unit: Lottery for Education................. Computer Laboratories and Satellite DishesAdult Literacy................................................. Capital Outlay - Technical Institute Satellite Facilities........................................... Equipment-Technical Institutes........................

6,259,990 366,100 20,500 0 5,700
1,165,717 527,355 279,665 329,300 0
3,550,000 250,000
12,754,327 3,800,000

247,491,549 6,640,013 597,890 165,100 0 192,271 742,246 769,575 1,002,182 146,786 15,833,471 5,972,145 1,075,353 7,947,385 0
187,142,492 57,257,137
6,274,488 19,592,382 3,615,148 10,781,810 325,747,874 247,491,549

State Funds

$

7,172,413

$ 240,319,136 $ 247,491,549

26,809,346

0

0 20,809,346

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971

Repairs and Renovations - Technical Institutes.....................................................................................$
Total Funds Budgeted...................................................................$ Lottery Funds Budgeted...............................................................$

6,000,000 26,809,346 26,809,346

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...................................................................$ State Funds Budgeted ..................................................................$

598,154,925 262,742,052
62,239,702 2,024,000 2,000,000 7,944,070 14,397,650 1,333,768 3,269,333 60,563,553 816,827,596 2,241,866 11,543,887
710,855
341,250 1,248,179,582
598,154,925

Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

$ 910,011,135 $

$ 245,787,351 $

$

17,851,383 $

$

32,000,472 $

$ 1,205,650,341 $

282,120,458 233,363,366
17,291,383 31,216,797 563,992,004

General Funds Budget

Planning and Construction Maintenance and Betterments Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways
Activities Total

$

21,250,000 $

21,250,000

$

0$

0

$

3,193,115 $

2,732,369

$

17,375,271 $

9,469,697

$

710,855 $

710,855

$

42,529,241 $

34,162,921

Section 35. Department of Veterans Service. Budget Unit: Department of Veterans Service..............................$ Personal Services...........................................................................$ Regular Operating Expenses........................................................$ Travel..............................................................................................$ Motor Vehicle Purchases...............................................................$ Equipment......................................................................................$ Computer Charges.........................................................................$ Real Estate Rentals ......................................................................$ Telecommunications ........,.............................................................$ Per Diem, Fees and Contracts.....................................................$

20,425,431 5,183,283 246,723 102,245 0 173,265 27,100 250,711 76,850 14,289,340

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Capital Outlay..................................................... Operating Expense/Payments to Medical
College of Georgia............................................ Regular Operating Expenses for Projects and
Insurance .......................................................... Total Funds Budgeted......................................... State Funds Budgeted ........................................

200,000
7,372,118
850,500 28,772,135 20,425,431

Departmental Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Nursing
Home-Augusta Total

$

21,144,017 $

15,335,705

$

7,628,118

$ 28,772,135

5,089,726 20,425,431

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........................................ State Funds Budgeted.......................................

11,454,420 9,198,337
449,937 129,666
0 65,520 303,057 1,173,481 186,121 138,301
0 11,644,420 11,454,420

Section 37. State of Georgia General
Obligation Debt Debt Sinking Fund. A. Budget Unit: State of Georgia General
Obligation Debt Sinking Fund State General Funds (Issued)........................... Motor Fuel Tax Funds (Issued)........................

453,874,183 35,000,000
488,874,183

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (New).............................. Motor Fuel Tax Funds (New)............................

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

73,742,506 0
73,742,506

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 rata share for the op eration 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 em ployees of the Court; cost of operating the Superior Courts of the State of Georgia, in cluding the payment of Judges' salaries, the payment of mileage authorized by law and

MONDAY, MARCH 1, 1999

973

such other salaries and expenses as may be authorized by law; for the payment of sala ries, mileage and other expenses as may be authorized by law for District Attorneys, As sistant 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 Sen tence 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 Chair man of the Judicial Council; cost of operating the Council of Juvenile Court Judges cre ated 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 Ad ministrative 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 Administrative Ser vices. 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 ap proved 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 Assem bly 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 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the commis sioner 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, mu nicipalities, 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 emer gency-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 Tombs 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 Purchase an automated electronic
sign for Southeastern Vocational Tech

$

75,000

$

90,000

$

86,250

$

50,000

$

40,000

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JOURNAL OF THE HOUSE

Crawford County Board of Education
City of Homerville Cobb County
Long County
City of Warner Robins
Towns County
Decatur County
Towns County

Major repair improvements to Crawford County High School
Purchase of land Land purchase and restoration of
the Mable House Estate For county administration
expenses Construction of an educational
facility at the Georgia Aviation Hall of Fame Purchase a bookmobile for the Mountain Regional Library Purchase a bookmobile for the Southwest Regional Library Purchase a bookmobile for the Screven-Jenkins Regional Library

$ 375,000

$

38,000

$ 5,000,000

$ 160,000

$ 1,000,000

$ 100,000

$

80,000

$

80,000

Section 41. Provisions Relative to Section 10, State Board of Education Depart ment of Education. The formula calculation for Quality Basic Education funding as sumes 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 responsi ble for instruction in language arts, mathematics, science and social studies, and which meet criteria and standards prescribed by the State Board of Education for middle school programs.

Section 42. Provisions Relative to Section 11, Employees' Retirement Sys tem. 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 Re sources. 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 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

MONDAY, MARCH 1, 1999

975

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 sub-object class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nurs ing, 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 Retar dation 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 purchase State hospital services. The balance may be used for community based care in accordance with approved Regional Plans.

Section 44. Provisions Relative to Section 21, Department of Medical Assis tance. 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 cre ated 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 in dividual 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 de velop an acuity based payment system for nursing homes.

Provided, that dispensing fees for pharmacy provider's shall be increased five percent ef fective July 1, 1998.

Section 45. Provisions Relative to Section 22, Merit System of Personnel Admin istration. 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 46. Provisions Relative to Section 23, Department of Natural Re sources. 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.

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JOURNAL OF THE HOUSE

Provided, that of the amount above for per diem, fees and contracts, no more than $55,000 may be used for a common program of subsidizing mass transit fares to and from work for employees of state agencies and authorities, as authorized in O.C.G.A. 457-55, and if not for such purposes, then for other purposes within the object class. The subsidy may be limited to employees who live or work in the "Atlanta Ozone Nonattainment Area" and may not exceed $15 per month per employee. The Department of Trans portation and any other budget unit eligible for such a grant may apply to this purpose available federal matching funds. For purposes of this appropriation "Atlanta Ozone Nonattainment Area" means the geographic area of the state comprised of Bartow, Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Paulding, and Rockdale Counties.
Section 47. Provisions Relative to Section 24, Department of Public Safety. Of the appropriation above for "Training of Personnel under the Georgia Peace Officer Stan dards and Training Act," $70,000 is specifically appropriated to fund 1995 Act No. 403, Ga. Laws 1995, pp. 880, codified in Code sections 35-8-2 and 35-8-24, concerning train ing requirements for jail officers and juvenile correctional officers.
Section 48. Provisions Relative to Section 32, Teachers' Retirement System. It is the intent of the General Assembly that the employer contribution rate for the Teach ers' 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 49. Provisions Relative to Section 33, Department of Technical and Adult Education. To provide authorization for the conversion of Atlanta Area Techni cal Institute and Savannah Regional Technical Institute to State operated institutions.
Section 50. Provisions Relative to Section 34, Department of Transporta tion. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary au thorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years with prior ap proval 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 re funds, 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 sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section LX, Paragraph VI, Subsection (b) of the State Constitution.

MONDAY, MARCH 1, 1999

977

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 up grade 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 be tween budget functions provided that the Department's total position count shall not ex ceed 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 obliga tion debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
Section 51. In addition to all other appropriations for the State fiscal year ending June 30, 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 oper ating 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 Re sources; 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 Ad ministrative Services from agency fund collections.
Section 52. To the extent to which Federal funds become available in amounts in ex cess 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 operat ing 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 sup planted 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 mem bers of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chap ter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appro priated 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

978

JOURNAL OF THE HOUSE

manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 53. Each agency for which an appropriation is authorized herein shall main tain financial records in such a fashion as to enable the State Auditor to readily deter mine expenditures as contemplated in this Appropriations Act.
Section 54. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is re quired to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 55. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 56. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and acti vated 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 ap propriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 57. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's rec ommendations 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 au thorized 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 appro priation 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 in stances revealed in his audit in which the expenditures by object class of any depart ment, bureau, board, commission, institution or other agency of this State are in viola tion of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.

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(b.) (3.) It is the further intent of the General Assembly that this principle shall be ap plied as well when common object class amounts are properly amended in the adminis tration of the annual operating budget.

Section 58. 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 following such term shall apply to the total expenditures within the Budget Unit or com bination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.

Section 59. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the 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 unavaila ble for expenditure unless re-appropriated by the Georgia General Assembly. This provi sion shall not apply to project grant funds not appropriated in this Act.

Section 60. Provisions Relative to Section 37, State of Georgia General Obliga tion 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)," $4,960,050 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 $57,675,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $1,638,000 is specifi cally appropriated for the purpose of financing educational facilities for county and in dependent school systems through the State Board of Education, through the issuance of not more than $7,000,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $11,484,956 is specifi cally appropriated for the purpose of financing projects and facilities for the Board of Re gents of the University System of Georgia, by means of the acquisition, construction, de velopment, 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 $133,546,000 in princi pal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)," $534,690 is specifically 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, develop ment, 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 $2,285,000 in principal

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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)," $779,160 is specifically 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, develop ment, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,060,000 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)," $154,800 is specifically 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, develop ment, 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 $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $568,890 is specifically 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, equipn-^nt or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $6,615,000 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)," $341,420 is specifically 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 $3,970,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $1,199,700 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 there with, through the issuance of not more than $13,950,000 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)," $18,920,000 is specifi cally appropriated for the purpose of financing the George L. Smith II Georgia World Congress Center projects and facilities for the Department of Industry, Trade, and Tour ism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or fa cilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $220,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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From the appropriation designated "State General Funds (New)," $2,527,200 is specifi cally appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, en largement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $10,800,000 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)," $1,720,000 is specifi cally appropriated for Georgia Environmental Facilities Authority for the purpose of fi nancing loans to local governments and local government entities for water or sewerage facilities or systems, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $258,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority, 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 $3,000,000 in principal amount of General Obli gation Debt, the instruments of which shall have maturities not in excess of two hun dred and forty months.
From the appropriation designated "State General Funds (New)," $11,782,000 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, en largement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $137,000,000 in principal amount of Gen eral Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $455,130 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, en largement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $1,945,000 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)," $215,860 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, en largement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $2,510,000 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)," $860,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, en largement, or improvement of land, waters, property, highways, buildings, structures,

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equipment or facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $564,160 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, en largement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $6,560,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $236,500 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, en largement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $2,750,000 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)," $898,270 is specifically 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 there with, through the issuance of not more than $10,445,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)," $1,463,720 is specifi cally appropriated for the purpose of financing projects and facilities for the Georgia Bu reau 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 there with, through the issuance of not more than $17,020,000 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)," $345,290 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation, by means of the acquisition, construction, development, extension, en largement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $4,015,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)," $1,269,450 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, en largement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $5,425,000 in principal amount of General

MONDAY, MARCH 1, 1999

983

Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $430,000 is specifically 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 $5,000,000 in principal amount of General Obli gation Debt, the instruments of which shall have maturities not in excess of two hun dred and forty months.
From the appropriation designated "State General Funds (New)," $234,000 is specifically 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 $1,000,000 in principal amount of General Obli gation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $516,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority, 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 $6,000,000 in principal amount of General Obli gation Debt, the instruments of which shall have maturities not in excess of two hun dred and forty months.
From the appropriation designated "State General Funds (New)," $368,550 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority, 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 $1,575,000 in principal amount of General Obli gation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $1,724,300 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, en largement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $20,050,000 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)," $280,800 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, en largement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $1,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

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From the appropriation designated "State General Funds (New)," $1,006,200 is specifi cally appropriated for the purpose of financing educational facilities for county and in dependent school systems through grants for low-wealth school systems by the State Board of Education through the issuance of not more than $11,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $483,750 is specifically 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 there with, through the issuance of not more than $5,625,000 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)," $154,800 is specifically appropriated for the purpose of financing 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 $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $937,314 is specifically 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, develop ment, 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 $10,899,000 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)," $721,656 is specifically 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 $3,084,000 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)," $307,020 is specifically 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 $3,570,000 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)," $129,000 is specifically 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-

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tion therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $51,600 is specifically appropriated for the Department of Technical and Adult Education to provide public li brary facilities by grant to the governing board of the Savannah Carnegie Library for that library, through the issuance of not more than $600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $86,000 is specifically appropriated for the Department of Technical and Adult Education to provide public li brary facilities by grant to the governing board Glynn County Library for that library, through the issuance of not more than $1,000,000 in principal amount of General Obli gation Debt, the instruments of which shall have maturities not in excess of two hun dred and forty months.
From the appropriation designated "State General Funds (New)," $258,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, en largement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $2,045,080 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, develop ment, 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 $23,780,000 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)," $430,000 is specifically 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, develop ment, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $211,990 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $2,465,000 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)," $189,200 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development,

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extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $2,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of
two hundred and forty months.

Section 61. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1999

13,064,694,760

Section 62. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 63. All laws and parts of laws in conflict with this Act are repealed."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Walker of the 141st moved that the House adopt the report of the Com mittee of Conference on HB 143.

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

Y Alien Y Anderson
Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders
Y Bridges
Y Brooks N Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd
N Callaway
Y Campbell
Y Cash Y Channell Y Childers
N Clark
N Coan E Coleman, B Y Coleman, T
Y Connell
Y Cooper
Y Cox
Y Crawford Y Cummings N Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes N Ehrhart
Y Epps N Evans Y Everett Y Felton Y Floyd N Franklin Y Golick Y Graves
Y Greene
Y Grindley
Y Hammontree
Y Hanner
Y Harbin
Y Harrell Y Heard Y Heckstall Y Hegstrora Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley
N Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins
Y Jennings Y Jones N Joyce
N Kaye
Y Lane
Y Lewis Y Lord
Lucas
Y Maddox
Y Mann
Y Manning Y Martin, J Y Martin, J.L
N Massey Y McBee Y McCall Y McClinton Y McKinney
Y Millar N Mills Y Mobley
Y Morris
Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote N Pinholster Y Poag Y Ponder
Y Porter
Y Powell
Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed N Reese 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 Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C
N Smith, C.W Y Smith, L

Smith, L.R
Y Smith, P
Y Smith, T
N Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings N Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague
Y Teper Y Tillman
Y Tolbert
Y Trense Y Turnquest Y Twiggs
Y Unterman Y Walker, L Y Walker, R.L
Y Watson
Y West N Westmoreland Y Whitaker Y Wiles N Williams, J Y Williams, R
Y Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 155, nays 20. The motion prevailed.

MONDAY, MARCH 1, 1999

987

Representative Smith of the 103rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 254. By Representatives Smith of the 91st, McBee of the 88th, Porter of the 143rd, Taylor of the 134th and Jamieson of the 22nd:
A resolution recognizing and commending Debra Harden as the Georgia School Superintendent of the Year for 1998 and inviting her to appear before this body.
HR 263. By Representatives Dukes of the 161st, Everett of the 163rd and Roberts of the 162nd:
A resolution declaring February 25, 1999, as Albany-Dougherty County Day at the State Capitol and inviting officials of the city, the county, and the chamber of commerce to appear before the House of Representatives.
HR 376. By Representative Smith of the 91st:
A resolution recognizing the Morgan County High School Wrestling Team and inviting the team to appear before the House of Representatives.

Under the general order of business, established by the Committee on Rules, the follow ing Bill and Resolution of the House and Senate were taken up for consideration and read the third time:
SR 88. By Senators Walker of the 22nd and Cheeks of the 23rd:
A resolution creating the Joint Study Committee on Partnership Between the Hospital and Clinics of the Medical College of Georgia and the University Hospital of Richmond County.

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

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

Alien Anderson Ashe Bailey Bannister Barnard Barnes Benefield Birdsong Bohannon Bordeaux Borders Bridges Brooks Brown Buck Buckner Bulloch Bunn
Burkhalter Byrd Callaway Campbell Cash Channell Childers Clark

Coan
Coleman, B Coleman, T Connell Cooper Cox Crawford
Cummings
Davis, M Davis, T Day Dean
DeLoach, B DeLoach, G Dix Dixon
Dodson Dukes Ehrhart Epps Evans
Everett Felton Floyd Franklin Golick Graves

Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard
Y Hudgens
Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones

Y Joyce Y Kaye
Y Lane
Y Lewis Y Lord
Lucas Y Maddox Y Mann
Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Pelote Pinholster
Poag
Ponder Porter Powell
Purcell Ragas Randall Ray Reaves Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders
Sauder Scarlett Scheid Scott Shanahan Shaw

988
Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper
Smith, B Y Smith, C Y Smith, C.W Y Smith, L

JOURNAL OF THE HOUSE

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre
Y Snelling
Y Snow Y Squires Y Stallings

Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper

Y Tillman Y Tolbert Y Trense Y Turnqu*;st Y Twiggs Y Unterm:an Y Walker, L Y Walker, R.L Y Watson

Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix
Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 170, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 30. By Representative Barnard of the 154th:
A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for day-care cen ters, so as to provide that no person may be employed at a day-care center without a satisfactory state and national fingerprint records check determi nation within the previous 12 months or a satisfactory state fingerprint records check determination, with continued employment contingent upon a satisfactory national fingerprint records check.
The following Committee substitute was read:

A BILL
To amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for day-care centers, so as to provide that no per son may be employed at a day-care center without a satisfactory preliminary records check or satisfactory state fingerprint records check determination and a satisfactory or pending national fingerprint records check determination within the previous 12 months; to provide that no person may be hired as or continue to serve as director without satis factory state and national fingerprint records checks; to provide for procedures related to license applicants, licensed centers, and centers applying for licensure after expiration of a license; to provide for definitions; to provide for an exception to certain requirements for certain persons residing in family day-care homes and for emergency temporary em ployees; 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 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for day-care centers, is amended by inserting three new paragraphs in Code Section 49-5-60, relating to definitions relative to employees' records checks for day-care centers, to read as follows:
"(5.1) 'Emergency temporary employee' means an employee other than a director whose duties involve personal contact between that person and any child being cared for at the facility and who is hired on an expedited basis to avoid noncompliance with staffing standards for day-care centers required by law, rule, or regulation."
"(14.1) 'National fingerprint records check determination' means a satisfactory or unsatisfactory determination by the department in accordance with applicable law based upon a report from the Federal Bureau of Investigation after a search of bu reau records and fingerprints."

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"(18.1) 'State fingerprint records check determination' means a satisfactory or unsat isfactory determination by the department in accordance with applicable law based upon a records check comparison of GCIC information with fingerprints and other information in a records check application."
SECTION 2.
Said article is further amended by striking in its entirety Code Section 49-5-62, relating to the records check application for the director of a new facility and preliminary records checks for employees, and inserting in lieu thereof the following:
"49-5-62.
Accompanying any application for a new license for a facility, the applicant shall fur nish to the department a records check application for the director and a satisfactory preliminary records check application for each employee of such facility. In lieu of such records check applications, the applicant may submit evidence, satisfactory to the de partment, that within the immediately preceding 12 months the director received a satisfactory state and national fingerprint records check determination determinations and each employee received a satisfactory preliminary records check determination, or that any employee other than the director whose preliminary records check revealed a criminal record of any kind has subsequently received a satisfactory state fingerprint records check determination and either subsequently received a satisfactory national fingerprint records check determination or has a request for a national fingerprint records check determination pending. The department shall may either perform pre liminary records checks under agreement with GCIC or contract with GCIC and ap propriate law enforcement agencies which have access to GCIC information to have those agencies perform for the department a preliminary records check for each records check application and preliminary records check application submitted thereto by the department, and the department ahall make a written determination baaed upon that records check."
SECTION 3.
Said article is further amended by striking in its entirety Code Section 49-5-63, relating to determinations on preliminary records checks, license issuance, and effect of unsatis factory determination, and inserting in lieu thereof the following:
"49-5-63.
After being furnished the required records check application and preliminary records check application under Code Section 49-5-62, the department shall notify in writing the license applicant as to each person for whom an application was received regard ing whether the department's determination as to that person's preliminary state fin gerprint records check was satisfactory or unsatisfactory. If the preliminary records check determination was satisfactory as to the director and each employee of an appli cant's facility haa applied for a preliminary records check determination and the state and national fingerprint records checks were satisfactory as to the director, that appli cant may be issued a license for that facility if the applicant otherwise qualifies for a license under Article 1 of this chapter. If the determination was unsatisfactory as to the director of an applicant's facility, the applicant shall designate another director for that facility after receiving notification of the determination and proceed under Code Section 49-5-62 and this Code section to obtain a preliminary state and national fin gerprint records check checks for that newly designated director. If the preliminary records check for any employee other than the director revealed a record of any kind, such employee shall not be allowed to continue working until he or she has obtained a satisfactory state fingerprint records check determination; after obtaining a satisfac tory state fingerprint records check determination, such an employee may continue

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working but must also obtain a satisfactory national fingerprint records check deter mination; if such an employee's national fingerprint records check determination is unsatisfactory, If the determination was unsatisfactory as to any employee of on appli cant's facility, the applicant shall, after receiving notification of that determination, take such steps as are necessary so that such person is no longer an employee. Any employee other than the director who receives a satisfactory preliminary records check shall not be required to obtain a fingerprint records check unless such an employee has been designated as a director."
SECTION 4.

Said article is further amended by striking in its entirety Code Section 49-5-64, relating to fingerprint records checks, and inserting in lieu thereof the following:
"49-5-64.

After issuing a liccnac baaed upon a satisfactory preliminary records cheek dctcrmina tion of the director and after each employee haa applied for a preliminary records check determination under Code Section 40 6 68, the The department shall transmit to GCIC both sets of fingerprints and the records search fee from that director's each fingerprint records check application. Upon receipt thereof, GCIC shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its records and records to which it has access. Within ?6 ten days after receiving fingerprints acceptable to GCIC, the application, and fee, GCIC shall notify the department in writing of any derogatory finding, including but not limited to any criminal record, of the state fingerprint records check or if there is no such finding. After a search of Federal Bureau of Investigation records and fingerprints and upon receipt of the bureau's report, the department shall make a national fingerprint records determination."
SECTION 5.

Said article is further amended by striking in its entirety Code Section 49-5-65, relating to determination on the basis of fingerprint records checks and license revocation, and inserting in lieu thereof the following:
"49-5-65.

After receiving a GCIC notification Federal Bureau of Investigation report regarding a director's national fingerprint records check under Code Section 49-5-64, the depart ment shall make a determination based thereon and notify in writing the license ap plicant as to whether that records check was satisfactory or unsatisfactory. If the na tional fingerprint records check determination was unsatisfactory as to the director of an applicant's facility, after receiving notification of that determination, that applicant shall designate another director for such facility; for which director the applicant has not received or made an unsatisfactory preliminary or fingerprint records check deter mination and proceed under the requirements of Code Sections 49-5-62 through 49-564 and this Code section to obtain a preliminary rceorda cheek state and national fin gerprint records check determination for the newly designated director. The depart ment may revoke the license of that facility if the facility fails to comply with the re quirements of this Code section and Code Section 49-5-63 to receive a satisfactory state and national fingerprint determination determinations on the director or to com ply with Code Section 49-5-63 regarding employees other than the director receive a satisfactory preliminary records check determination for all employees."

MONDAY, MARCH 1, 1999

991

SECTION 6.
Said article is further amended by striking in its entirety Code Section 49-5-66, relating to procedures upon expiration of existing licenses, and inserting in lieu thereof the following:
"49-5-66.

Upon the expiration of any license issued prior to July 1, 1985, the center to which such license was issued shall be required to obtain a separate license for each of the center's existing facilities and shall have a separate director for each such facility. An existing facility whose license so expires may be issued a license when that center submits evidence, satisfactory to the department, that the director has received sat isfactory preliminary records cheek and has applied for a state and national finger print records check determinations and aH other employees have applied for received satisfactory preliminary records checks. If the preliminary records check for any em ployee other than the director revealed a criminal record of any kind, such employee shall not be allowed to continue working until such employee has obtained a satisfac tory state fingerprint records check determination; after obtaining a satisfactory state fingerprint records check determination, such an employee may continue working but must also obtain a satisfactory national fingerprint records check determination; if such an employee's national fingerprint records check determination is unsatisfactory, the center shall, after receiving notification of that determination, take such steps as are necessary so that such person is no longer an employee. Any employee other than the director who receives a satisfactory preliminary records check shall not be re quired to obtain a fingerprint records check unless such an employee has been desig nated as a director. After receiving thoac applicationa, the department ahall proceed to have made records check determinations baaed upon auch applications and the The fa cility may only retain a license under the conditions and procedures provided in Code Sections 49-5-62 through 49-5-65. Any director or employee who has received a satis factory state and national fingerprint records check determination determinations within the immediately preceding 12 month period may submit evidence to the depart ment of that determination in lieu of reapplication for a fingerprint records check detcrmination determinations. The department may accept the previous satisfactory de termination unless it has reason to believe that the applicant has a criminal record subsequent to the last fingerprint records check determination. A license may only be issued if the facility otherwise qualifies for a license pursuant to Article 1 of this chap ter. Any new facility in this state first owned or operated on or after July 1, 1985, by a center already licensed in this state shall be required to have a new license issued pursuant to Code Sections 49-5-61 through 49-5-65."
SECTION 7.
Said article is further amended by striking in its entirety Code Section 49-5-67, which reads as follows:
"49-5-67.

Reserved.",
and inserting in lieu thereof the following: "49-5-67.

(a) Notwithstanding any other provision of this article, an individual who resides in a family day-care home, as defined by Code Section 49-5-3, shall not be required to pro vide fingerprints for routine fingerprints records checks if the operator of the family day-care home provides the department with an affidavit stating that such individual is not present in the home at the same time as the children who are received for pay for supervision and care. However, all persons residing in a family day-care home are required to obtain satisfactory preliminary records checks.

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(b) As an exception to the requirements set out in this article for employees of daycare centers, a day-care center may hire emergency temporary employees in order to avoid noncompliance with staffing requirements for day-care centers required by law, rule, or regulation. An emergency temporary employee may start working immedi ately after requesting a preliminary records check from a local law enforcement agency and may work up to five working days without the results of the preliminary records check if the director of the day-care center provides an affidavit to the Depart ment of Human Resources stating that the emergency temporary employee has ap plied for a preliminary records check with a local law enforcement agency and that hiring on an expedited basis is necessary to avoid noncompliance with staffing stan dards required by law, rule, or regulation. At the end of the five-day work period or upon receipt of the results of the preliminary records check, whichever occurs first, emergency temporary employees become subject to all other requirements of this article."
SECTION 8.
Said article is further amended by striking in its entirety Code Section 49-5-68, relating to a change of director, and inserting in lieu thereof the following:
"49-5-68.
(a) If the director of a facility which has been issued a license ceases to be the director of that facility, the licensee shall thereupon designate a new director. After such change, the licensee of that facility shall notify the department of such change and of any additional information the department may require regarding the newly desig nated director of that facility. Such information shall include but not be limited to any information the licensee may have regarding preliminary or any fingerprint records check determinations regarding that director. After receiving a change of director no tification, the department shall make a written determination from the information furnished with such notification and the department's own records as to whether a satisfactory or unsatisfactory preliminary or state and national fingerprint records check determination has determinations have ever been made for the newly desig nated director. If the department determines that such director within 12 months prior thereto has had a satisfactory state and national fingerprint records check deter mination determinations, such determination determinations shall be deemed to be a satisfactory state and national fingerprint records check determination determinations as to that director. The license of that facility shall not be adversely affected by that change in director, and the licensee shall be so notified.
(b) If the department determines under subsection (a) of this Code section that there has ever been an unsatisfactory preliminary or state or national fingerprint records check determination of the newly designated director which has not been legally re versed, the center and that director shall be so notified thereof. The license for that director's facility shall be indefinitely suspended or revoked unless the center designates another director for whom it has not received or made an unsatisfactory preliminary or state or national fingerprint records check determination and proceeds pursuant to the provisions of this Code section relating to a change of director.
(c) If the department determines under subsection (a) of this Code section that there has have been no state and national fingerprint records check determination determi nations regarding the newly designated director within the immediately preceding 12 months, the department shall so notify the center. The center shall furnish to the de partment the fingerprint records check application of the newly designated director af ter the date the notification is sent by the department or the license of that facility shall be indefinitely suspended or revoked. If that fingerprint records check applica tion is so received, unless the department has within the immediately preceding 12

MONDAY, MARCH 1, 1999

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months made a satisfactory preliminary state fingerprint records check determination regarding the newly designated director, the department shall perform a preliminary state fingerprint records check tattd determination of the newly designated director; and the applicant and that director shall be so notified thereof. If that determination is unsatisfactory, the provisions of subsection (b) of this Code section regarding proce dures after notification shall apply. If that determination is satisfactory, the depart ment shall perform a national fingerprint records check and determination for that di rector as provided in Code Sections 49-5-64 and 49-5-65. If that determination is satisfactory, the center and director for whom the determination was made shall be so notified after the department makes its determination, and the license for the facility at which that person is the newly designated director shall not be adversely affected by that change of director. If that determination is unsatisfactory, the provisions of subsection (b) of this Code section shall apply."
SECTION 9.
Said article is further amended by striking in its entirety Code Section 49-5-69, relating to employment requirements and penalties for violations, and inserting in its place the following:
"49-5-69.

(a) Before a person may become an employee other than a director of any facility after that facility has received a license, that facility shall require that person to furnish to the department a satisfactory preliminary records check application. The department shall, under the procedures of Code Sections 40-6 62 and 40 6 63, make a preliminary records check determination and acnd notice thereof to the facility and employee. If the preliminary records check for any potential employee other than the director reveals a criminal record of any kind, such potential employee shall not be allowed to begin working until such potential employee has obtained a satisfactory state finger print records check determination; after obtaining a satisfactory state fingerprint records check determination, such a potential employee may begin working, but must also obtain a satisfactory national fingerprint records check determination. If the na tional fingerprint records determination is unsatisfactory, the facility shall, after re ceiving notification of the determination, take such steps as are necessary so that such person is no longer an employee. Any potential employee other than the director who receives a satisfactory preliminary records check shall not be required to obtain a fin gerprint records check.
(b) A license is subject to suspension or revocation and the department may refuse to issue a license if a director or employee does not undergo the records and fingerprint checks applicable to that director or employee and receive a satisfactory determination receive satisfactory determinations.
(c) After the issuance of a license, the department may require a fingerprint records check on any director or employee to confirm identification for records search pur poses, when an unsatisfactory preliminary rceorda check ia received, when the depart ment has reason to believe the applicant employee has a criminal record that renders the employee ineligible to have contact with children in the center, or during the course of a child abuse investigation involving the director or employee.
(d) No center may have hire any person as an employee after January 1, 1086, July 1, 1999, unless there is on file in the center an employment history and a satisfactory preliminary records check application or, if the preliminary records check revealed a criminal record of any kind as to such person, satisfactory state and pending or satis factory national records check determinations for that person.

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(e) A director of a facility having an employee whom that director knows or should reasonably know to have a criminal record that renders the employee ineligible to have contact with children in the center shall be guilty of a misdemeanor."
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative Franklin of the 39th moves to amend the Committee substitute to HB 30 by inserting in the title, immediately before the phrase:
"to provide for related matters", the following:
"to provide that certain employees of day-care centers who are discharged from em ployment for unsatisfactory fingerprint records checks shall be ineligible for certain employment security benefits; to provide that the employer's experience rating for a day-care center which discharges an employee in such circumstances shall not be charged for such a dismissal;". By inserting immediately after Section 9 the following:
"SECTION 10. Said article is further amended by inserting a new Code section to be designated Code Section 49-5-75 to read as follows:
'49-5-75.

Notwithstanding any provision of Chapter 8 of Title 34 to the contrary, any employee of a day-care center who is discharged from employment for an unsatisfactory finger print records check in accordance with this article shall not be eligible for employment security benefits based upon the period of employment at the day-care center. The em ployer's experience rating for a day-care center which discharges an employee for an unsatisfactory fingerprint records check in accordance with this article shall not be charged for such discharge.'"
By renumbering Section 10 as Section 11.

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

N Alien N Anderson
Ashe N Bailey N Bannister N Barnard N Barnes N Benefield N Birdsong Y Bohannon N Bordeaux N Borders Y Bridges N Brooks Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter

Byrd Callaway Campbell Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell Cooper Cox Crawford Cummings Davis, M Davis, T Day Dean DeLoach, B

N DeLoach, G N Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans N Everett N Felton N Floyd Y Franklin Y Golick N Graves N Greene Y Grindley Y Hammontree N Hanner Y Harbin N Harrell

N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley N Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings

Jones Joyce Kaye Lane Lewis Lord Lucas Maddox Mann Manning Martin, J Martin, J.L Massey McBee McCall McClinton McKinney Millar Mills Mobley

N Morris N Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish N Parsons
Pelote
N Pinholster N Poag N Ponder N Porter Y Powell N Purcell N Ragas

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995

N Randall N Ray N Reaves N Reece N Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett Y Scheid

Y Scott N Shanahan N Shaw N Shipp N Sholar N Sims N Sinkfield N Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T N Smith, V

N Smyre N Snelling N Snow N Squires N Stallings Y Stancil N Stanley, P N Stanley-Turner
N Stephens N Stokes N Stuckey
N Taylor Teague
N Teper N Tillman Y Tolbert

N Trense N Turnquest N Twiggs N Unterman N Walker, L Y Walker, R.L N Watson N West N Westmoreland N Whitaker Y Wiles N Williams, J Y Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 46, nays 125.

The amendment was lost.

The Committee substitute was adopted.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks
Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan E Coleman, B
Coleman, T
Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves
Greene Y Grindley Y Hammontree Y Hanner Y Harbin
Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas
Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L
Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris
Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal N Sanders
Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw
Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague
Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest
Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker
Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 172, nays 1.

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The Bill, having received the requisite constitutional majority, was passed, by substitute. The Speaker announced the House in recess until 1:00 o'clock this afternoon.

MONDAY, MARCH 1, 1999

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AFTERNOON SESSION

The Speaker called the House to order.
The following Resolution of the House was read and referred to the Committee on Rules: HR 413. By Representative Jenkins of the 110th:
A resolution commending the Culloden Highland Games and Scottish Festi val and inviting officials of the City of Culloden and members of the Cullo den Highland Games and Scottish Festival Committee to the House of Representatives.
The following Resolutions of the House were read and adopted:
HR 418. By Representative Bailey of the 93rd: A resolution commending Mr. and Mrs. E.W. Roberts, Jr., on their 50th Anniversary.
HR 419. By Representatives Epps of the 131st, McBee of the 88th, Porter of the 143rd, Ashe of the 46th and Jamieson of the 22nd: A resolution commending the Character Education Center.
HR 420. By Representatives Heard of the 89th, Murphy of the 18th, McBee of the 88th, Taylor of the 134th, Hugley of the 133rd and others: A resolution recognizing and commending Dwayne Robinson.
HR 421. By Representative Tolbert of the 25th: A resolution recognizing and commending Bill Anderson.
HR 422. By Representative Smith of the 169th: A resolution commending Frances C. Tally on the occasion of her retirement.
HR 423. By Representative Greene of the 158th: A resolution commending Henry King Harp, Jr., on the occasion of his retire ment as Judge of the Probate Court of Chattahoochee County.
Under the general order of business, established by the Committee on Rules, the follow ing Bills and Resolution of the House and Senate were taken up for consideration and read the third time: HB 146. By Representatives Golick of the 30th, Shipp of the 38th, Jones of the 71st,
Parsons of the 40th and Childers of the 13th: A bill to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to provide for licensing re tired physicians.
The following Committee substitute was read and adopted:
A BILL
To amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to provide for licensing retired physicians; to provide for a short title; to provide for conditions and limitations; to provide for liability and immu nity from liability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, is amended by adding after Code Section 43-34-45 a new Code section to read as follows:
"43-34-45.1.

(a) This Code section shall be known and may be cited as the 'Georgia Volunteer in Medicine Health Care Act.'
(b) Notwithstanding any other provision of law, the board may issue a special license to qualifying physicians under the terms and conditions set forth in this Code section. The special license may only be issued to a person who:
(1) Is currently licensed to practice medicine in any medical-licensing jurisdiction in the United States and whose license is in good standing; or
(2) Is retired from the practice of medicine and has, prior to retirement, maintained full licensure in good standing in any medical-licensing jurisdiction in the United States.
(c) The special licensee shall be permitted to practice medicine only in the noncompensated employ of public agencies or institutions or not-for-profit agencies, not-for-profit institutions, nonprofit corporations, or not-for-profit associations which provide medi cal services only to indigent patients in medically underserved or critical-need popula tion areas of the state, as determined by the board.
(d) The person applying for the special license under this Code section shall submit to the board a copy of his or her medical degree, a copy of his or her license in his or her current or previous licensing and regulating jurisdiction, and a notarized statement from the employing agency, institution, corporation, or association, on a form pre scribed by the board, whereby he or she agrees unequivocally not to receive monetary compensation for any medical services he or she may render while in possession of the special license.
(e) The examination by the board, any application fees, and all licensure and renewal fees must be waived for the holder of the special license under this Code section and do not apply to such person.
(f) If at the time application is made for the special license the physician is not in compliance with the continuing medical education requirements established by the board, the physician shall be issued a nonrenewable temporary license to practice for six months provided the applicant is otherwise qualified for such license.
(g) The liability of persons practicing medicine under and in compliance with a special license issued under this Code section and the liability of their employers for such practice shall be governed by Code Section 51-1-29.1.
(h) Nothing contained in this Code section shall be construed to authorize the holder of the special license provided for in this Code section to perform surgery or any surgi cal procedure."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

MONDAY, MARCH 1, 1999

999

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

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

Alien Anderson Ashe Bailey Bannister Barnard
Barnes Benefield Birdsong Bohannon Bordeaux
Borders Bridges Brooks Brown Buck Buckner Bulloch Bunn Burkhalter Byrd Callaway Campbell Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell Cooper
Cox Crawford Cummings Davis, M

Y Davis, T Y Day
Dean DeLoach, B
Y DeLoach, G Dix
Y Dixon Y Dodson Y Dukes Y Ehrhart
Epps Evans Y Everett Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Grindley Y Hammontree Y Manner Y Harbin Y Harrell Y Heard Heckstall Y Hegstrom Hembree Y Henson Holland Y Holmes
Houston
Y Howard Y Hudgens
Hudson, H Y Hudson, N

Y Hugley Irvin
Y Jackson, B Jackson, L
Y James Y Jamieson Y Jenkins Y Jennings
Jones Y Joyce Y Have Y Lane Y Lewis Y Lord
Lucas Maddox
Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McCHnton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal
Orrock Parham Y Parrish Y Parsons

Pelote Pinholster Poag
Ponder
Porter
Powell Purcell Ragas Randall Ray Reaves Reece Reed Reese
Reichert Rice Richardson Roberts
Rogers
Royal
Sanders
Sauder
Scarlett
Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L

Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow
Squires Stallings Stancil Stanley, P Stanley-Turner
Stephens Stokes
Stuckey Taylor
Teague Teper
Tillman
Tolbert Trense
Turnquest Twiggs Unterman Walker, L Walker, R.L Watson West Westmoreland Whitaker Wiles Williams, J
Williams, R Wix Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 129, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representatives Jones of the 71st and Bannister of the 77th stated that they had been called from the floor of the House during the preceding roll call. They wished to be re corded as voting "aye" thereon.
HB 269. By Representatives Manning of the 32nd, Williams of the 114th, Henson of the 65th, Ashe of the 46th and Trense of the 44th:
A bill to amend Code Section 37-2-7 of the Official Code of Georgia Anno tated, relating to the state plan for disability services, so as to provide for guidelines for planning lists for the provision of certain disability services, when such services are not available at the time of the request; to provide for guidelines for a registry of persons who have been diagnosed with certain disabilities but have not yet requested services.
The following Committee substitute was read and adopted:

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A BILL

To amend Code Section 37-2-7 of the Official Code of Georgia Annotated, relating to the state plan for disability services, so as to provide for guidelines for planning lists for the provision of certain disability services, when such services are not available at the time of the request; to provide for guidelines for a registry of persons who have been diag nosed with certain disabilities but have not yet requested services; 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.
Code Section 37-2-7 of the Official Code of Georgia Annotated, relating to the state plan for disability services, is amended by adding a new subsection (b.l) to read as follows:

"(b.l)(l) The plan shall include state-wide guidelines for short-term and long-term planning lists for the provision of requested disability services for persons whose disability is mental retardation or another neurologically disabling condition which requires treatment similar to that for the mentally retarded, when such services are not available at the time of such request. The guidelines shall provide for the com mencement of services, as soon as practicable but no later than 180 days following a request, to such persons who are placed on a short-term planning list. The guide lines shall also include criteria under which a person named on a planning list may obtain priority to receive the requested services when they become available and under which such persons not named on a planning list may receive requested ser vices in emergencies.

(2) The plan shall include state-wide guidelines for a registry of persons who have been diagnosed with mental retardation or another neurologically disabling condi tion which requires treatment similar to that for the mentally retarded and wish to make such diagnosis known to the division and regional boards, but who have not yet requested disability services."

SECTION 2.
This Act shall become effective only when funds are specifically appropriated for the purposes of this Act in an appropriation Act making specific reference to this Act.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Alien Y Anderson Y Ashe Y Bailey
Bannister Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges

Y Brooks Y Brown Y Buck
Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway
Campbell Y Cash Y Channell Y Childers

Y Clark Y Coan E Coleman, B
Coleman, T Y Connell
Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day
Dean

DeLoach, B Y DeLoach, G
Dix Y Dixon Y Dodson Y Dukes Y Ehrhart
Epos
Y Evans Everett
Felton
Floyd Y Franklin

Y Golick
Y Graves Y Greene
Grindley
Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom
Hembree Henson

Holland Y Holmes
Houston Y Howard Y Hudgens
Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Maddox

MONDAY, MARCH 1, 1999

1001

Mann Manning Martin, J Martin, J.L Massey McBee McCall McClinton McKinney Millar Mills Mobley Morris Mosley Mueller O'Neal Orrock Parham Parrish Parsons Pelote Pinholster Poag

Ponder Porter Powell Purcell Ragas Randall Ray Reaves Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan

Y Shaw Y Shipp Y Sholar
Sims Sinkfield Y Skipper Y Smith, B 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 Y Snow Y Squires Y Stallings Y Stancil Stanley, P Stanley-Turner Y Stephens

Y Stokes Y Stuckey Y Taylor
Teague Teper Y Tillman Y Tolbert Trense Y Turnquest Twiggs Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix 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.
Representatives Jones of the 71st and Bannister of the 77th stated that they had been called from the floor of the House during the preceding roll call. They wished to be re corded as voting "aye" thereon.
By unanimous consent, HB 269 was ordered immediately transmitted to the Senate.
HB 165. By Representatives Mueller of the 152nd, Stephens of the 150th, Day of the 153rd, Jackson of the 148th, Pelote of the 149th and others:
A bill to amend Chapter 1 of Title 35 of the Official Code of Georgia Anno tated, relating to general provisions applicable to law enforcement officers and agencies, so as to authorize a sheriff or police chief of a local law en forcement agency to designate and equip police volunteers and to provide training to such police volunteers in the area and manner of traffic control.
The following Committee substitute was read and adopted:

A BILL
To amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions applicable to law enforcement officers and agencies, so as to authorize a sheriff or police chief of a local law enforcement agency with the approval of the local governing authority to designate and equip police volunteers and to provide training to such police volunteers in the area and manner of traffic control; to provide that under certain circumstances police volunteers shall be authorized to direct and regulate the flow of traffic during emergencies; to provide that police volunteers shall not have the power of arrest provided to peace officers; to amend Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions applicable to uni form rules of the road, so as to change the provisions relating to obedience to authorized persons directing traffic; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general pro visions applicable to law enforcement officers and agencies, is amended by adding at the end of said chapter a new Code Section 35-1-11 to read as follows:
"35-1-11.

A sheriff or police chief of a local law enforcement agency with the approval of the lo cal governing authority shall be authorized to designate and equip police volunteers and to provide training to such police volunteers in the area and manner of traffic con trol. With the approval of the sheriff, police chief of a local law enforcement agency, or fire chief of a local fire department, a police volunteer shall be authorized to direct and regulate the flow of traffic in the event of a fire, explosion, hurricane, tornado, or other emergency situation. A police volunteer shall not have the power of arrest pro vided to peace officers."
SECTION 2.
Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions applicable to uniform rules of the road, is amended by striking in its entirety Code Section 40-6-2, relating to obedience to authorized persons directing traf fic, and inserting in lieu thereof a new Code Section 40-6-2 to read as follows:
"40-6-2.

No person shall fail or refuse to comply with any lawful order or direction of any po lice officer, fireman, police volunteer authorized under Code Section 35-1-11, or schoolcrossing guard designated by a local law enforcement agency invested by law with au thority to direct, control, or regulate traffic."

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 substi tute, was agreed to.

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway

Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan E Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day
Dean DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson

Y Dukes Y Ehrhart
Epps Y Evans Y Everett
Felton Floyd Y Franklin Y Golick Y Graves Y Greene Grindley Y Hammontree Y Banner Y" Harbin Y Harrell Y Heard Heckstall Y Hegstrom Y Hembree Henson Y Holland

Y Holmes Houston
Y Howard Y Hudgens
Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Maddox

Y Mann Y Manning
Martin, J Y Martin, J.L Y Massey Y McBee
McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock
Parham Y Parrish Y Parsons Y Pelote Y Pinholster

Poag Ponder Porter Powell Purcell Ragas Randall
Ray Reaves Reece
Reed
Reese Reichert Rice

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1003

Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims

Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow Squires

Y Stallings Y Stancil
Stanley, P Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Teague Teper Y Tillman Tolbert Y Trense Y Turnquest

Y Twiggs Unterman
Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
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.
Representative Smith of the 91st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 289. By Representative Jamieson of the 22nd:
A bill to amend Code Section 40-14-2 of the Official Code of Georgia Anno tated, relating to permits to operate speed detection devices, so as to author ize the issuance of such permits to an applicant if a part-time peace officer is employed by such applicant; to authorize the use of speed detection devices by registered or certified peace officers.
The following Committee substitute was read:
A BILL
To amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices, so as to allow speed detection devices to be op erated by any registered or certified peace officers of the employing agency if that agency provides continuous law enforcement services; to allow law enforcement agencies to use speed detection devices on streets and roads for which an application is pending; to provide a rebuttable presumption regarding the use of speed detection devices for pur poses other than the promotion of public health, welfare, and safety; 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.
Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices, is amended by striking subsection (c) of Code Section 4014-2, relating to the permit required for radar use, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) A permit shall not be issued by the Department of Public Safety to an applicant under this Code section unless the applicant cmploya at leaat one full-time provides law enforcement services by certified peace officer officers 24 hours a day, seven days a week. Speed detection devices can only be operated by full time registered or certi fied peace officers of the county sheriff, county, municipality, college, or university to which the permit is applicable. Persons operating the speed detection devices must be registered or certified by the Georgia Peace Officer Standards and Training Council as peace officers and certified by the Georgia Peace Officer Standards and Training Council as operators of speed detection devices."

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SECTION 2.
Said chapter is further amended by striking subsection (a) of Code Section 40-14-3, re lating to applications for speed detection permits, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The A county sheriff, county or municipal governing authority, of any county or municipality and or the president of a college or university may apply to the Depart ment of Public Safety for a permit to authorize the use of speed detection devices for purposes of traffic control within such counties, municipalities, colleges, or universities on streets, roads, and highways, provided the city, county, college, or university that such application shall name the street or road on which the device is to be used and the speed limits on such street or road shall have been approved by the Office of Traf fic Operations of the Department of Transportation. Law enforcement agencies are authorized to use speed detection devices on streets and roads for which an applica tion is pending as long as all other requirements for the use of speed detection devices are met."
SECTION 3.
Said chapter is further amended by adding a new subsection at the end of Code Section 40-14-11, relating to when use of a speed detection device is presumed to be for revenue purposes, to be designated subsection (d), to read as follows:
"(d) There shall be a rebuttable presumption that a law enforcement agency is em ploying speed detection devices for purposes other than the promotion of the public health, welfare, and safety if the fines levied based on the use of speed detection de vices for speeding offenses are equal to or greater than 40 percent of that law enforce ment agency's budget."
SECTION 4.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:
Representatives Jamieson of the 22nd, Coleman of the 142nd and Walker of the 141st move to amend the Committee substitute to HB 289 as follows: By adding at the end of line 21 page 2 a new sentence to read as follows:
"Nothing herein shall be construed to affect the provisions of O.C.G.A. Section 40-14-9."

The Committee substitute, as amended, was adopted.

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

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

Y Alien N Anderson
Y Ashe

Y Bailey Y Bannister
Barnard

Y Barnes Y Benefield
Y Birdsong

Y Bohannon Y Bordeaux
Y Borders

Y Bridges Y Brooks
Y Brown

Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan E Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans

MONDAY, MARCH 1, 1999

Y Everett Felton
Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree
Henson Holland Y Holmes Y Houston Y Howard Y Hudgens
Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones

Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock
Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag
Ponder Y Porter Y Powell

Y Purcell Y Ragas Y Randall
Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal N Sanders
Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper
Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T

1005
Y Smith, V Y Smyre Y Snelling Y Snow Y Squires N Stallings Y Stancil Y Stanley, P
Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs
Untennan Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 159, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Representative Smith of the 91st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The Speaker Pro Tern assumed the Chair. HB 370. By Representatives Martin of the 47th, Alien of the 117th and Teper of the
61st: A bill to amend Part 1 of Article 2 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions relative to venue, so as to change venue provisions for cases involving certain joint or joint and several defendants residing in different counties.
The following Committee substitute was read and adopted:

A BILL
To amend Part 1 of Article 2 of Chapter 10 of Title 9 of the Official Code of Georgia An notated, relating to general provisions relative to venue, so as to change venue provi sions for cases involving certain joint or joint and several defendants residing in differ ent counties; to provide for transfer of cases in certain specified circumstances; to provide for the burden and standard of proof on venue issues; to provide that certain

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JOURNAL OF THE HOUSE

pleading requirements are not altered or amended; to provide when a trial is deemed to commence; to provide for applicability; to provide for legislative intent; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Part 1 of Article 2 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, re lating to general provisions relative to venue, is amended by striking in its entirety Code Section 9-10-31, relating to actions against certain codefendants residing in different counties, and inserting in lieu thereof the following:
"9-10-31.

(a) Joint or joint and several tortfeasors, obligors or promisors, or joint contractors, or copartners, residing in different counties, may be subject to an action as such in the same action in any county in which one or more of the defendants reside. If, however, the court determines prior to the commencement of trial that:
(1) The plaintiff has brought the action in bad faith against all defendants residing in the county in which the action is brought; or
(2) As a matter of law, no defendant residing in the county in which the action is brought is a proper party;
the action shall be transferred to the county and court which the plaintiff elects in which venue is proper. The burden of proof on the issue of venue shall be on the party claiming improper venue by a preponderance of evidence.
(b) If all defendants who reside in the county in which an action is pending are dis charged from liability before the commencement of trial, a nonresident defendant may require that the case be transferred to a county and court in which venue would other wise be proper. If venue would be proper in more than one county, the plaintiff may elect from among the counties in which venue is proper the county and the court in which the action shall proceed.
(c) If all defendants who reside in the county in which the action is pending are dis charged from liability after the commencement of trial, the case may be transferred to a county and court in which venue would otherwise lie only if all parties consent to such transfer.
(d) For purposes of this Code section, trial shall be deemed to have commenced upon the jury being sworn or, in the instance of a trial without a jury, upon the first wit ness being sworn.
(e) Nothing in this Code section shall be deemed to alter or amend the pleading re quirements of Chapter 11 of this title relating to the filing of complaints or answers.
(f) This Code section shall apply to actions filed on or after July 1, 1999."
SECTION 2.
It is the intent of the General Assembly through this Act to provide for a fairer and more predictable rule of venue in actions involving joint or joint and several tortfeasors, obligors or promisors, or joint contractors, or copartners, residing in different counties; to establish venue in such actions prior to the commencement of trial in a manner that is fair and constitutionally sound; to eliminate the waste of time and resources to courts

MONDAY, MARCH 1, 1999

1007

and parties under the vanishing venue doctrine; and to bring the law of venue into con formity with the language of Article IV, Section II, Paragraph IV of the Georgia Consti tution of 1983.

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 substi tute, was agreed to.

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

Alien Anderson Ashe Bailey Bannister Barnard Barnes Benefield Birdsong Bohannon Bordeaux Borders Bridges Brooks Brown Buck Buckner Bulloch Bunn Burkhalter Byrd N Callaway Y Campbell Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell Cooper Cox Crawford Y Cummings N Davis, M

Y Davis, T N Day
Dean
Y DeLoach, B
Y DeLoach, G Y Dix N Dixon
Y Dodson
Y Dukes Y Ehrhart Y Epps
N Evans N Everett Y Felton Y Floyd N Franklin
Y Golick Y Graves Y Greene N Grindley Y Hammontree
Hanner Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom N Hembree Henson Y Holland
Y Holmes N Houston Y Howard N Hudgens
Hudson, H Y Hudson, N

Y Hugley N Irvin N Jackson, B Y Jackson, L Y James
Y Jamieson
Y Jenkins
N Jennings
Y Jones N Joyce N Kaye Y Lane N Lewis N Lord
Lucas Y Maddox N Mann Y Manning Y Martin, J Y Martin, J.L Y Massey
Y McBee
McCall Y McClinton Y McKinney N Millar N Mills Y Mobley
N Morris N Mosley N Mueller Y O'Neal Y Orrock
Parham Y Parrish
Y Parsons

Pelote Pinholster Poag Ponder Porter Powell Purcell
Randall Ray Reaves Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L

Smith, L.R Smith, P Smith, T Smith, V
Smyre Snellmg Snow Squires
Stallings
Stancil Stanley, P Stanley-Turner Stephens
Stokes
Stuckey Taylor Teague Teper Tillman
Tolbert Trense Turnquest Twiggs Unterman
Walker, L Walker, R.L Watson West Westmoreland
Whitaker
Wiles Williams, J Williams, R
Wix Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 105, nays 58.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, HB 370 was ordered immediately transmitted to the Senate. SB 59. By Senators Tanksley of the 32nd, Thompson of the 33rd and Stokes of the
43rd: A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the number of Judges of the Court of Appeals; to pro vide that the court shall sit in divisions; to specify the number of Judges which shall constitute a quorum; to provide for the election and term of office of Judges; to provide for the initial appointment of additional judges.

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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 roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister
Barnard Y Barnes Y Benefield
Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan E Coleman, B Y Coleman, T
Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes
Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Manner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens
Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y CWeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag
Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall
Y Ray
Y Reaves
Y Reece Y Reed Y Reese 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 Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest
Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed. HB 351. By Representatives Buckner of the 95th, Henson of the 65th, Manning of the
32nd and Snow of the 2nd: A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Anno tated, relating to general provisions regarding the regulation of professions and businesses, so as to require that members of state examining boards re side in this state on a full-time basis during their terms of office.
The following Committee substitute was read and adopted:

A BILL
To amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding the regulation of professions and businesses, so as to re quire that members of state examining boards reside in this state during their terms of office; to provide for replacement of any member who ceases to be a state resident; to provide for an effective date; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 1, 1999

1009

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general pro visions regarding the regulation of professions and businesses, is amended by striking in its entirety Code Section 43-1-14, relating to the authority of the Governor to appoint qualified persons to state examining boards, and inserting in lieu thereof a new Code Section 43-1-14 to read as follows:
"43-1-14.

(a) The Governor is authorized to appoint any person who is otherwise qualified as provided by law to serve as a member of any state examining board for a regular term or for an unexpired term, notwithstanding the fact that the law creating such board requires the Governor to appoint members from a list of nominees submitted by a pri vate organization or association.

(b) Any person appointed to serve as a member of any state examining board shall be a resident of the state during his or her term of office, and the Governor shall replace any member who, after appointment, ceases to be a resident of this state."

SECTION 2. This Act shall become effective on July 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 substi tute, was agreed to.

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan E Coleman, B Y Coleman, T

Connell Cooper Cox Crawford Cummings Davis, M Davis, T Day Dean DeLoach, B DeLoach, G Dix Dixon Dodson Dukes Ehrhart Epps Evans Everett Felton Floyd Franklin Golick Graves Greene Grindley Hammontree Banner Harbin Harrell

Heard Heckstall Hegstrom Hembree Henson Holland Holmes Houston Howard Hudgens Hudson, H Hudson, N Hugley Irvin Jackson, B Jackson, L James Jamieson
Jenkins Jennings Jones
Joyce Kaye Lane Lewis Lord Lucas Maddox Mann Manning

Martin, J Martin, J.L Massey McBee McCall McClinton McKinney Millar Mills Mobley Morris Mosley Mueller O'Neal Orrock Parham Parrish Parsons Pelote Pinholster Poag Ponder Porter Powell Purcell
Randall Ray Reaves Reece

Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling

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Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner

Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper

Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman

Y Walker, L Y Walker, E.L Y Watson Y West Y Westmoreland Y Whitaker

Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 318. By Representatives Powell of the 23rd, Parham of the 122nd, Teague of the 58th and Roberts of the 162nd:
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 definitions; to change certain provisions relating to administration of the Driver Improvement Program.
The following Committee substitute was read and adopted:
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 definitions; to change certain provisions relating to administration of the Driver Improvement Program; to change cer tain provisions relating to establishment and approval of clinics and programs and fees therefor under the Georgia Driver Improvement Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking paragraphs (9), (10), and (11) of Code Section 40-5-1, relating to definitions, and inserting in lieu thereof the following:
"(9) 'DUI Alcohol or Drug Use Risk Reduction Program' means a program certified by the Department of Human Resources which consists of three two components: assessment, education/intervention, and intensive intervention. In the case of a fast conviction or plea of nolo contendere to a violation of Code Section 40-6-391 or in any other instance in which a person may be referred to a DUI Alcohol or Drug Use Risk Reduction Program, the program administers the assessment component and; baaed on the roaulta of the assessment, releases the offender or refers such offender to cither the education/intervention component or the intensive intervention compo nent. In the caac of a second conviction of a violation of Code Section 40 6 301 or in any other instance in which a person may be referred to a DUI Alcohol or Drug Use Risk Reduction Program, the program adminiotora the aaacasmcnt component and, based on the rcaulto of the assessment, refers the offender or other person to cither the education/intervention component or the intcnaivc intervention component.
(10) 'Education/intervention Intervention component' means a program which deliv ers general therapeutic education about alcohol and drug use and driving and peer group counseling concerning alcohol and drug use over a period of 46 20 hours utilizing a methodology and curriculum approved and certified by the Department of Human Resources for the DUI Alcohol or Drug Use Risk Reduction Programs under subsection (e) of Code Section 40-5-83.

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(11) 'Intensive intervention component' moans a program which delivers peer group counseling concerning alcohol and drug uac over a period of 31 houro utilizing a methodology and curriculum approved and certified by the Department of Human Rcaourcca for the DUI Alcohol or Drug Use Riok Reduction Programa Reserved."
SECTION 2.
Said title is further amended by striking subsection (c) of Code Section 40-5-82, relating to administration of the Driver Improvement Program, and inserting in lieu thereof the following:
"(c) The Department of Human Resources is designated as the agency responsible for the approval and certification of DUI Alcohol or Drug Use Risk Reduction Programs and staff. This responsibility includes selection of the assessment instrument, devel opment of the education/intervention and intensive intervention curricula, training of program staff, and monitoring of all DUI Alcohol or Drug Use Risk Reduction Pro grams under the 'Georgia Driver Improvement Act.' this article."
SECTION 3.
Said title is further amended by striking subsections (a) and (e) of Code Section 40-5-83, relating to establishment and approval of clinics and programs and fees therefor under the "Georgia Driver Improvement Act," and inserting in lieu thereof the following:
"(a)(l) The commissioner of public safety shall establish criteria for the approval of driver improvement clinics. To be approved, a clinic shall provide and operate a de fensive driving course, an advanced defensive driving course, or a professional de fensive driving course or any combination thereof. Clinics shall be composed of uni form education and training programs designed for the rehabilitation of problem drivers. The commissioner shall establish standards and requirements concerning the contents of courses, duration of courses, qualifications of instructors, fees, at tendance requirements for students, and examinations. Approved clinics may charge a fee of not more than $60.00 for a defensive driving course, an advanced de fensive driving course, or a professional defensive driving course. No clinic shall be approved unless such clinic agrees in writing to allow the examination and audit of the books, records, and financial statements of such clinic. Clinics may be operated by any individual, partnership, corporation, association, civic group, club, county, municipality, board of education, school, or college.
(2) The commissioner may issue a special license to the instructor of any commer cial driver training school authorizing such instructor to teach a defensive driving course, advanced defensive driving course, or professional defensive driving course of a driver improvement clinic provided pursuant to this Code section if such instructor is qualified to teach a teen-age driver education course which consists of a minimum of 30 hours of classroom and six hours of behind-the-wheel training and such in structor certifies to the commissioner that he or she has provided at least 250 hours of behind-the-wheel training in a teen-age driver education course."
"(e) The Department of Human Resources is designated as the agency responsible for establishing criteria for the approval of DUI Alcohol or Drug Use Risk Reduction Pro grams. An applicant must meet the certification criteria promulgated by the Depart ment of Human Resources through its standards and must provide the following ser vices: (1) the assessment componentf and (2) the education/intervention component; and (3) the intensive intervention component. The Department of Human Resources is designated as the agency responsible for establishing rules and regulations concerning the contents and duration of the components of DUI Alcohol or Drug Use Risk Reduc tion Programs, qualifications of instructors, attendance requirements for students, ex aminations, and program evaluations. Approved DUI Alcohol or Drug Use Risk Re-

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duction Programs shall charge a fee of $60.00 $75.00 for the assessment component7 $100.00 for the education/intervention component, $160.00 for the intcnaivc and $175.00 for the intervention component, and an. An additional fee of $10.00 for re quired student program materials shall be established by the Department of Human Resources in such an amount as is reasonable and necessary to cover the cost of such materials. No DUI Alcohol or Drug Use Risk Reduction Program shall be approved unless such clinic agrees in writing to submit reports as required in the rules and reg ulations of the Department of Human Resources and to allow the examination and au dit of the books, records, and financial statements of such DUI Alcohol or Drug Use Risk Reduction Program by the Department of Human Resources or its authorized agent. DUI Alcohol or Drug Use Risk Reduction Programs may be operated by any public, private, or governmental entity; provided, however, that, except as otherwise provided in this subsection, in any political subdivision in which a DUI Alcohol or Drug Use Risk Reduction Program is operated by a private entity, whether for profit or nonprofit, neither the local county board of health nor any other governmental en tity shall fund any new programs in that area. Programs currently in existence which are operated by local county boards of health or any other governmental entities shall be authorized to continue operation. New programs may be started in areas where no private DUI Alcohol or Drug Use Risk Reduction Programs have been made available to said comm' nity. The Department of Corrections is authorized to operate DUI Alco hol or Drug Use Risk Reduction Programs in its facilities where offenders are not au thorized to participate in such programs in the community, provided that such pro grams meet the certification criteria promulgated by the Department of Human Resources. All such programs operated by the Department of Corrections shall be ex empt from all fee provisions established in this subsection specifically including the re bate of any fee for the costs of administration. No DUI Alcohol or Drug Use Risk Re duction Program will be approved unless such clinic agrees in writing to pay to the state, for the costs of administration, a fee of $12.00 $15.00, for each offender assessed or each offender attending for points reduction, provided that nothing in this Code sec tion shall be construed so as to allow the Department of Human Resources to retain any funds required by the Constitution of Georgia to be paid into the state treasury; and provided, further, that the Department of Human Resources 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 miscellaneous funds."

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 substi tute, was agreed to.

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

Y Alien Y Anderson Y Ashe
Y Bailey
Y Bannister
Y Barnard Y Barnes Y Benefield
Birdsong Y Bohannon Y Bordeaux Y Borders
Bridges Y Brooks Y Brown Y Buck

Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan E Coleman, B Y Coleman, T
Connell Cooper

Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Khrhart Y Epps Y Evans

Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree

Y Henson Y Holland
Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings

Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning
Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley

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1013

Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag
Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves
Y Reece

Y Reed Reese
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 Shipp Y Sholar Y Sims Y Sinkfield Y Skipper

Y Smith, B
Y Smith, C
Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling
Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens
Y Stokes Y Stuckey Y Taylor

Teague Y Teper Y Tillman Y Tolbert
Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West
Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 166, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 552. By Representatives Davis of the 60th, Martin of the 47th, Walker of the 141st and Campbell of the 42nd:
A bill to amend Code Section 15-7-21 of the Official Code of Georgia Anno tated, relating to qualifications for the office of judge of state court, so as to change the experience requirement for such office.

The following amendment was read:

Representative Tolbert of the 25th moves to amend HB 552 as follows: Amend line 20 by deleting "25" and adding "30".

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

Alien Anderson N Ashe N Bailey N Bannister Y Barnard N Barnes N Benefield Birdsong Y Bohannon
N Bordeaux
N Borders Y Bridges N Brooks Y Brown N Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd N Callaway N Campbell Y Cash N Channell Y Childers N Clark N Coan

E Coleman, B N Coleman, T
Connell Y Cooper Y Cox N Crawford
Y Cummings N Davis, M N Davis, T N Day N Dean Y DeLoach, B N DeLoach, G N Dix
Dixon
N Dodson N Dukes Y Ehrhart
Epps Y Evans Y Everett Y Felton N Floyd N Franklin
Y Golick Y Graves Y Greene Y Grindley

N Hammontree N Hanner Y Harbin N Harrell Y Heard N Heckstall
N Hegstrom N Hembree Y Henson N Holland N Holmes Y Houston N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley
Y Irvin N Jackson, B N Jackson, L N James Y Jamieson N Jenkins N Jennings
Jones N Joyce
N Kaye N Lane

Y Lewis Y Lord
Lucas
N Maddox N Mann Y Manning N Martin, J N Jartin, J.L N :' rassey N .HcBee Y McCall N McClinton N McKinney N Millar N Mills N Mobley N Morris Y Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish
Y Parsons Pelote
Y Pinholster N Poag
Y Ponder

N Porter Y Powell N Purcell N Ragas N Randall Y Ray
Y Reaves N Reece N Reed Y Reese Y Reichert Y Rice Y Richardson
Roberts
Rogers N Royal
Y Sanders Y Sauder Y Scarlett Y Scheid N Scott Y Shanahan N Shaw Y Shipp N Sholar Y Sims N Sinkfield N Skipper

1014
Y Smith, B N Smith, C N Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T Y Smith, V

JOURNAL OF THE HOUSE

N Smyre N Snelling N Snow Y Squires N Stallings
N Stancil N Stanley, P
N Stanley-Turner

Y Stephens N Stokes N Stuckey N Taylor
Teague Y Teper
N Tillman Y Tolbert

N Trense
N Turnquest Twiggs
N Unterman
N Walker, L N Walker, R.L Y Watson N West

Westmoreland Y Whitaker Y Wiles N Williams, J Y Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 64, nays 100.

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:

Alien
Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield
Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges N Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell N Childers Y Clark Y Coan E Coleman, B Y Coleman, T
Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T
Y Day Y Dean
Y DeLoach, B Y DeLoach, G Y Dix
N Dixon Y Dodson
N Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell N Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland N Holmes Y Houston N Howard Y Hudgens Y Hudson, H Y Hudson, N

N Hugley Y Irvin Y Jackson, B N Jackson, L N James Y Jamieson Y Jenkins
Y Jennings Jones
Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas N Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L N Massey N McBee N McCall N McClinton
N McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock N Parham Y Parrish Y Parsons

Y Pelote Y Pinholster N Poag Y Ponder
N Porter
Y Powell Y Purcell
N Ragas Y Randall Y Ray Y Reaves Y Reece N Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts
Rogers
Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan N Shaw Y Shipp N Sholar Y Sims N Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P N Smith, T Y Smith, V
Y Smyre Y Snelling Y Snow Y Squires N Stallings Y Stancil
N Stanley, P N Stanley-Turner Y Stephens Y Stokes Y Stuckey N Taylor
Teague
Y Teper Y Tillman N Tolbert Y Trense N Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson N West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y ates
Murphy, Spkr

On the passage of the Bill, the ayes were 138, nays 32.
The Bill, having received the requisite constitutional majority, was passed. HE 268. By Representatives Davis of the 60th, Martin of the 47th, Walker of the
141st and Campbell of the 42nd: A resolution proposing an amendment to the Constitution so as to change the experience requirement for eligibility for the office of state court judge.

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1015

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefleld
Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges N Brooks Y Brown Y Buck Y Buckner Y Bulloch
Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell N Childers Y Clark Y Coan E Coleman, B Y Coleman, T
Connell
Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson N Dukes Y Ehrhart Y Epps Y Evans
Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Harrell N Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland N Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

N Hugley Y Irvin Y Jackson, B Y Jackson, L
James Y Jamieson Y Jenkins Y Jennings
Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas N Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall N McClinton
N McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Pelote
Y Pinholster Y Poag Y Ponder N Porter Y Powell Y Purcell Y Ragas
Y Randall Y Ray Y Reaves Y Reece N Reed
Y Reese Y Reichert Y Rice Y Richardson
Roberts Y Rogers Y Royal Y Sanders
Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
Y Shaw
Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V N Smyre Y Snelling Y Snow Y Squires
N Stallings Y Stancil
N Stanley, P N Stanley-Turner Y Stephens Y Stokes Y Stuckey N Taylor
Teague Y Teper Y Tillman N Tolbert Y Trense N Turaquest Y Twiggs Y Untennan Y Walker, L Y Walker, R.L Y Watson N West Y Westmoreland Y Whitaker Y Wiles
Y Williams, J Y Williams, R V Wix Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 149, nays 19.
The Resolution, having received the requisite constitutional majority, was adopted.
Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed. The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia Tuesday, March 2, 1999

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Dr. Reed Crumbliss, Pastor, First Baptist Church, Americus, 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 intro duced, read the first time and referred to the committees: HB 824. By Representative Martin of the 145th:
A bill to provide a new charter for the Town of Pulaski. Referred to the Committee on State Planning & Community Affairs - Local.
HB 825. By Representatives West of the 101st and Stallings of the 100th: A bill to amend an Act providing for the nomination and election of the chief magistrate of Carroll County, so as to provide for the election of the chief magistrate of the Magistrate Court of Carroll County and the judge of the state court in a nonpartisan primary and election.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 826. By Representative Evans of the 28th: A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change certain provisions relating to bailable

TUESDAY, MARCH 2, 1999

1017

offenses; to change certain provisions relating to punishment for certain vio lations of Code Section 40-6-391; 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 limited driving permits for certain offenders.
Referred to the Committee on Motor Vehicles.
HB 827. By Representative Poag of the 6th: A bill to amend an Act relating to the Magistrate Court of Murray County, so as to provide for cost-of-living and longevity increases in the salary of the chief magistrate.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 828. By Representative Poag of the 6th: A bill to amend an Act placing the clerk of the superior court, sheriff, judge of the probate court, and tax commissioner of Murray County on an annual salary, so as to provide for cost-of-living and longevity increases in the sal ary of the clerk of the superior court and the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 829. By Representative Tolbert of the 25th: A bill to amend the "Jackson County Water and Sewerage Authority Act," so as to provide for certain specific powers of the Jackson County Water and Sewerage Authority.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 830. By Representatives Scheid of the 17th, Stancil of the 16th and Pinholster of the 15th: A bill to amend Code Section 19-3-30 of the Official Code of Georgia Anno tated, relating to issuance, return, and recording of marriage licenses, so as to provide that mayors of municipalities may perform marriage ceremonies.
Referred to the Committee on Judiciary.
HB 831. By Representatives Buck of the 135th, Davis of the 132nd and Taylor of the 134th: A bill to amend an Act creating the Muscogee County School District, so as to change the provisions relating to the compensation and expense reim bursement of the members of the board of education.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 832. By Representatives Burkhalter of the 41st, Campbell of the 42nd and Trense of the 44th: A bill to provide for an additional $10,000.00 homestead exemption from certain City of Alpharetta ad valorem taxes for municipal purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 833. By Representative Tolbert of the 25th: A bill to create the City of Jefferson Public Building Authority and to pro vide for the appointment of members of the Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

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HB 834. By Representatives Stallings of the 100th and Snelling of the 99th: A bill providing a new charter for the City of Villa Rica, so as to increase the penalties the municipal court is authorized to impose.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 835. By Representatives Childers of the 13th, Cummings of the 27th, Smith of the 12th and Reece of the llth: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, 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 re tirement system.
Referred to the Committee on Retirement.
HB 836. By Representative Epps of the 131st: A bill to provide a new charter for the City of Luthersville.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 837. By Representative Bordeaux of the 151st: A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Geor gia Annotated, relating to specific periods of limitation, so as to provide when the cause of action for trespass upon or damage to realty accrues.
Referred to the Committee on Judiciary.
HB 838. By Representatives Bailey of the 93rd, Benefield of the 96th and Barnes of the 97th: A bill to amend an Act providing a homestead exemption from all City of Riverdale ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, for the full value of the homestead for residents of the City of Riverdale who are 65 years of age or over and whose income does not exceed $6,000.00, so as to raise such income ceiling to $12,000.00.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 839. By Representative Dukes of the 161st: A bill to provide a new charter for the City of Newton.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 840. By Representatives Royal of the 164th, Jamieson of the 22nd, Coleman of the 142nd, Hudson of the 156th, Porter of the 143rd and others: A bill to amend Part 2 of Article 9 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to funding, donations, property, and scholarships regarding Georgia Military College, so as to provide for the ap propriation of funds designated for Georgia Military College through the Department of Technical and Adult Education and for the oversight of such funds by the Board of Technical and Adult Education.
Referred to the Committee on University System of Georgia.

TUESDAY, MARCH 2, 1999

1019

HB 841. By Representatives Bannister of the 77th, Joyce of the 1st, Mann of the 5th, Davis of the 60th and Wiles of the 34th: A bill to amend Chapter 33 of Title 31 of the Official Code of Georgia Anno tated, relating to health records, so as to provide for rights regarding health records of patients who are unemancipated minors.
Referred to the Committee on Judiciary.
HB 842. By Representatives Wix of the 33rd, Wiles of the 34th, Grindley of the 35th, Cooper of the 31st, Ehrhart of the 36th 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 clerk of the probate court.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 843. By Representatives Wix of the 33rd, Ehrhart of the 36th, Sauder of the 29th, Parsons of the 40th, Shipp of the 38th and others: A bill to amend an Act creating the board of commissioners of Cobb County, so as to change the provisions relating to the compensation of the commis sioners and the chairperson.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 846. By Representative Byrd of the 170th: A bill to amend Code Section 43-14-2 of the Official Code of Georgia Anno tated, relating to definitions regarding the State Construction Industry Li censing Board, so as to change certain definitions.
Referred to the Committee on Industry.
HB 848. By Representatives Connell of the 115th and Martin of the 47th: A bill to amend Code Section 40-5-121 of the Official Code of Georgia Anno tated, relating to driving while license is suspended or revoked, so as to change the penalty for the first such offense.
Referred to the Committee on Motor Vehicles.
HB 849. By Representatives Smith of the 109th and Jenkins of the 110th: A bill to provide a homestead exemption from Lamar 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 are 65 years of age or over after a two-year phase-in period.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 850. By Representatives McBee of the 88th, Hudgens of the 24th and Heard of the 89th: A bill to amend Code Section 42-5-50 of the Official Code of Georgia Anno tated, relating to transmittal of information on convicted persons and place of detention, so as to change the provisions relating to when a convicted person is allowed to remain within the county of conviction or incarceration in order to prepare and prosecute properly the appeal of the conviction.
Referred to the Committee on Special Judiciary.

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HB 851. 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 ex pense allowance of the chairperson and other members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 852. By Representatives Sinkfield of the 57th, Martin of the 47th and Taylor of the 134th: 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 authorize the Department of Human Resources to provide temporary care and supervision for a child, without court authorization, when, as a result of an emergency or illness, the person in whose custody such child is found is unable to pro vide for the care of such child.
Referred to the Committee on Children and Youth.
HR 414. By Representatives Day of the 153rd, Royal of the 164th, Jamieson of the 22nd and Stephens of the 150th: A resolution proposing an amendment to the Constitution so as to provide for the preferential assessment and taxation of homestead real property; to provide for conditions and limitations; to provide for authority of the Gen eral Assembly with respect to the foregoing; to authorize the General As sembly to provide by general or local law for limitation upon the rate of in crease of ad valorem taxes with respect to homestead real property.
Referred to the Committee on Ways & Means.
HR 415. By Representatives Sims of the 167th, Skipper of the 137th, Shaw of the 176th, Hanner of the 159th and Murphy of the 18th: A resolution designating the Eugene Belcher Memorial Bridge.
Referred to the Committee on Transportation.
HR 416. By Representative Parrish of the 144th: A resolution designating the L.C. "Shot" Strange Highway.
Referred to the Committee on Transportation.
HR 417. By Representatives Everett of the 163rd, Bridges of the 9th, Martin of the 145th, Parham of the 122nd, Stephens of the 150th and others: A resolution strongly urging the Georgia State Board of Pharmacy to re quire brand names on the label of drug containers when a generic drug is substituted for that brand name drug.
Referred to the Committee on Health & Ecology.
HR 424. By Representatives Orrock of the 56th, Coleman of the 142nd, Murphy of the 18th, Walker of the 141st, Skipper of the 137th and others: A resolution urging the U.S. Congress to prevent federal recoupment of the tobacco settlement funds.
Referred to the Committee on Appropriations.

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1021

HR 425. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st: A resolution creating the Governor's Education Reform Study Commission.
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 864. By Representatives Williams of the 83rd, West of the 101st, Bridges of the 9th and Callaway of the 81st:
A bill to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to the disposition of property seized, so as to provide that certain provisions of law relating to the disposition of personal property in custody of a law enforcement agency shall not apply to any con trolled substance, marijuana, or dangerous drug, or other substance which is seized by a law enforcement agency for a violation of Chapter 13 of Title 16.
Referred to the Committee on Judiciary.

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

HB 799 HB 800 HB 801 HB 802 HB 803 HB 804 HB 805 HB 806 HB 807 HB 808 HB 809 HB 810 HB 811 HB 812 HB 813 HB 814 HB 815

HB 816 HB 817 HB 818 HB 819 HB 820 HB 821 HB 822 HB 823 HB 844 HB 845 HB 847 HR 377 HR 378 HR 379 HR 380 HR 412 SB 179

Pursuant to Rule 52, Representative Stephens of the 150th moved that the following Bill of the House be engrossed:
HB 819. By Representatives Stephens of the 150th, Heard of the 89th and Martin of the 145th:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for confi dentiality of patients' medical information obtained by insurers from phar macies or pharmacists; to prohibit release of such information to third par ties without patient consent.

The motion prevailed.

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Pursuant to Rule 52, Representative Skipper of the 137th moved that the following Bill of the House be engrossed:
HB 822. By Representatives Skipper of the 137th and Hudson of the 156th:
A bill to amend Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, the "Natural Gas Competition and Deregulation Act," so as to authorize the Public Service Commission to initiate a proceeding for de termining that adequate market conditions exist within a delivery group; to provide for the criteria to be used in making determination and conforming changes relating to stays of the process of customer assignment.
The motion prevailed.

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

Mr. Speaker:

Your Committee on Health & Ecology has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 734 Do Pass SB 64 Do Pass SB 128 Do Pass
Respectfully submitted, /s/ Childers of the 13th
Chairman

Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

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

HB 230 Do Pass, by Substitute HB 341 Do Pass HB 349 Do Pass, by Substitute

HB 701 Do Pass HB 713 Do Pass

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

Representative Smyre of the 136th District, Chairman of the Committee on Rules, sub mitted 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 362 Do Pass HR 363 Do Pass

TUESDAY, MARCH 2, 1999

1023

Respectfully submitted, /s/ Smyre of the 136th
Chairman

Representative Randall of the 127th District, Chairman of the Committee on Special Ju diciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 649 Do Pass HB 718 Do Pass
Respectfully submitted, /s/ Randall of the 127th
Chairman

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

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

HB 548 Do Pass, by Substitute HB 573 Do Pass, by Substitute HB 627 Do Pass HB 658 Do Pass, by Substitute HB 660 Do Pass, by Substitute

HB 668 Do Pass, by Substitute HB 695 Do Pass HB 699 Do Pass, by Substitute HR 299 Do Pass SR 101 Do Pass

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

Representative Royal of the 164th District, Chairman of the Committee on State Plan ning & 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:

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HB 729 Do Pass, by Substitute HB 733 Do Pass, by Substitute HB 742 Do Pass HB 759 Do Pass HB 760 Do Pass HB 762 Do Pass HB 768 Do Pass

HB 769 Do Pass HB 771 Do Pass HB 780 Do Pass HB 781 Do Pass HB 783 Do Pass HB 789 Do Pass HB 796 Do Pass

Respectfully submitted, /si Royal of the 164th
Chairman

The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR TUESDAY, MARCH 2, 1999
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 28th Legislative Day as enumer ated below:

HB 172 Div of Rehabilitation Service; transfer from DHR to Labor Dept HB 352 Traffic and municipal courts; certain cities; jail booking fees HB 458 Counties and municipalities; rock quarries; prohibition HB 482 Contributing to delinquency of minor; amend penalty provisions HB 558 Excise tax; certain counties and municipalities; authorize levy HB 585 DOT; certain capital projects; authorize participation HB 610 Income tax credit; employer provided or sponsored child care HB 618 Special county 1% sales tax; major capital equipment HB 635 DUI; risk reduction program; clinical evaluation
Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Smyre of the 136th
Chairman
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 729. By Representatives Williams of the 114th, Howard of the 118th, DeLoach of the 119th and Connell of the 115th:
A bill to amend an Act creating the Augusta Port Authority, so as to change the provisions relating to the membership of the authority; to provide for the appointment, terms, and vacancies of members.
The following Committee substitute was read and adopted:

A BILL
To amend an Act creating the Augusta Port Authority, approved March 10, 1959 (Ga. L. 1959, p. 2761), as amended, so as to change the provisions relating to the membership of the authority; to provide for the appointment, terms, and vacancies of members; to pro vide 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.
An Act creating the Augusta Port Authority, approved March 10, 1959 (Ga. L. 1959, p. 2761), as amended, is amended by striking Section 3 and inserting in its place the following:
"SECTION 3. Membership.
The authority shall consist of 12 members who shall serve for a term of four years and who shall be eligible for reappointment. The members shall be residents and qualified voters of Augusta, Georgia. Except as hereinafter provided, ten members of the au thority shall be appointed by the Augusta-Richmond County Commission, which shall designate each member to be a representative of one of the ten commission districts for the Augusta-Richmond County Commission. Three current members of the author ity shall continue to serve as members for terms expiring March 31, 2000, and shall be deemed to be representatives for the Augusta-Richmond County Commission Dis tricts as follows: District 4 -John P. Timmerman, District 6 - Stovall Walker, and Dis trict 10 - Dr. Carl Nechtman. Three current members of the authority shall continue to serve as members for terms expiring March 31, 2002, and shall be deemed to be representatives for the Augusta-Richmond County Commission Districts as follows: District 1 - Virginia Fox, District 3 - Richard Toole, and District 7 - Jack Barber. New authority members shall be appointed as above set forth to be representatives for Dis tricts 2 and 8 respectively for terms expiring March 31, 2000, and to be representa tives for Districts 5 and 9 for terms expiring on March 31, 2002. In addition, two members shall be recommended by the Augusta-Richmond County delegation in the General Assembly of Georgia and appointed by the Augusta-Richmond County Com mission, which shall designate one such member's term to expire March 31, 2000, and the other such member's term to expire March 31, 2002. Following expiration of the initial terms as set forth above, members of the authority shall serve four-year terms expiring on March 31 of the year of expiration. Vacancies shall be filled for any unexpired term. If, at the end of any term of office of any member, a successor to such member has not been appointed, the member whose term of office has expired shall continue to hold office until a successor is appointed and assumes office. A ma jority of the members shall constitute a quorum and a majority may act for the au thority in any matter. No vacancy shall impair the power of the authority to act. No member shall be a member of the Augusta-Richmond County Commission, but there shall be no other disqualification to hold public office by reason of membership in the authority."
SECTION 2.
This Act shall become effective on July 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 substi tute, was agreed to.
HB 733. By Representatives Williams of the 114th, Howard of the 118th, DeLoach of the 119th and Connell of the 115th:
A bill to amend an Act creating the Augusta Canal Authority, so as to change the provisions relating to the membership of the authority; to provide for the appointment, terms, and vacancies of members.

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The following Committee substitute was read and adopted:

A BILL
To amend an Act creating the Augusta Canal Authority, approved March 30, 1989 (Ga. L. 1989, p. 4750), so as to change the provisions relating to the membership of the au thority; to provide for the appointment, terms, and vacancies of members; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act creating the Augusta Canal Authority, approved March 30, 1989 (Ga. L. 1989, p. 4750), is amended by striking Section 4 and inserting in its place the following:
"SECTION 4. Authority; membership.
The authority shall be composed of 12 members who shall be residents and qualified voters of Augusta, Georgia. Except as hereinafter provided, ten members of the au thority shall be appointed by the Augusta-Richmond County Commission, which shall designate each member to be a representative from one of the ten election districts used in electing the commissioners for the Augusta-Richmond County Commission. Three current members of the authority shall continue to serve as members for terms expiring March 31, 2000, and shall be deemed to be representatives for the Au gusta-Richmond County Commission Districts as follows: District 2 - Robert S. Woodhurst III, District 6 -Jeanie C. Alien, and District 10 - D. Hugh Connolly. Two current members of the authority shall continue to serve as members for terms expiring March 31, 2002, and shall be deemed to be representatives for the Augusta-Richmond County Commission Districts as follows: District 3 - Thomas H. Robertson and Dis trict 9 - Richard S. Fox. New authority members shall be appointed as above set forth to be representatives for Districts 4 and 8 for terms expiring March 31, 2000, and to be representatives for Districts 1, 5, and 7, respectively for terms expiring March 31, 2002. In addition, two members shall be recommended by the Augusta-Richmond County delegation in the General Assembly of Georgia and appointed by the Au gusta-Richmond County Commission, which shall designate one such member's term to expire March 31, 2000, and the other such member's term to expire March 31, 2002. Following expiration of the initial terms as set forth above, members of the authority shall serve four-year terms expiring on March 31 of the year of expiration. If at the end of any term of office of any member, a successor to such member has not been ap pointed, the member whose term of office has expired shall continue to hold office un til a successor is appointed and assumes office. A majority of the members of the au thority shall constitute a quorum. Any members of the authority otherwise qualified shall be eligible for reappointment. No member shall be a member of the Au gusta-Richmond County Commission, but there shall be no other disqualification to hold public office by reason of membership in the authority."
SECTION 2.
Said Act is further amended by striking Section 6 of said Act and inserting in its place the following:

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1027

"SECTION 6.
Vacancies in authority.
Should an appointed member vacate his or her office by resignation, death, change of residence, or removal as provided in Section 7 of this Act or for any other reason, the Augusta-Richmond County Commission or the Augusta-Richmond County Commission upon the recommendation of the Richmond County delegation in the General Assem bly of Georgia shall, as soon as practicable, appoint another qualified person to serve as a member of the authority for the unexpired term."
SECTION 3. This Act shall become effective on July 1, 1999.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substi tute, was agreed to.
HB 742. By Representative Smith of the 169th:
A bill to amend an Act creating the office of commissioners of Roads and Revenues of Brantley County, so as to change the compensation for the com missioners and the chairperson.
The following substitute, offered by Representative Smith of the 169th, was read and adopted:

A BILL
To amend an Act creating the office of commissioners of Roads and Revenues of Brantley County, approved July 1, 1927 (Ga. L. 1927, p. 500), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4457), so as to change the compensation for the commissioners and the chairperson; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act creating the office of commissioners of Roads and Revenues of Brantley County, approved July 1, 1927 (Ga. L. 1927, p. 500), as amended, particularly by an Act ap proved April 4, 1991 (Ga. L. 1991, p. 4457), is amended by striking Section 4 in its en tirety and inserting in lieu thereof a new section to read as follows:
"SECTION 4.
The chairperson of the board of commissioners shall be the chief executive officer of the board. He or she shall carry out the policies of the board concerning the governing of the affairs of Brantley County. He or she shall not vote on questions coming before the board except to break a tie. The board of commissioners shall establish the chairper son's salary in an amount not more than the highest salary paid to any constitutional of ficer of the county and not less than the sum of one-fourth of the total salaries of the constitutional officers of the county as such salaries were calculated on January 1, 1999. The chairperson's salary shall be recomputed according to the above-stated formula upon any increase in the salary of any of said constitutional officers. In addition to the com-

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JOURNAL OF THE HOUSE

pensation otherwise provided in this Act, the chairperson of the board of commissioners shall receive a mileage expense at the rate set by the State of Georgia for its employees per mile traveled pursuant to his or her official duties."
SECTION 2.
Said Act is further amended by striking Section 8 in its entirety and inserting in lieu thereof a new section to read as follows:
"SECTION 8.
The board of commissioners shall hold at least one regularly scheduled monthly meeting which shall be on the second Tuesday in each month until changed by the board. The board shall establish the salary of the members of the board in an amount not less than $200.00 per month and not more than the salary paid to the commissioners of any county adjacent to Brantley County having a population comparable to Brantley County, which shall mean having a population of 15,000 or less, according to the 1990 decennial census, as such salaries were calculated on January 1, 1999. If any member of the board shall miss more than two regularly scheduled meetings of the board during any calendar year for any cause other than providential, he or she shall not be entitled to re ceive compensation provided for in this Act for the remainder of that calendar year. The base monthly salary of the members of the board of commissioners shall cover the regu lar monthly meeting and two called meetings. The members of the board of commission ers, other than the chairperson, shall also receive the sum of $50.00 for each called meeting in excess of two called meetings per month. In addition to compensation pro vided in this Act, members of the board of commissioners shall receive mileage expense at the rate set by the State of Georgia for its employees per mile traveled pursuant to their official duties and going to and from meetings of the board."
SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
HB 759. By Representative Massey of the 86th:
A bill to amend an Act providing authority for members of the Board of Edu cation of Barrow County, so as to provide for redistricting.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 760. By Representative Bridges of the 9th:
A bill to provide a homestead exemption from City of Cornelia ad valorem taxes for city purposes in the amount of $5,000.00 of the assessed value of the homestead for each resident of the City of Cornelia; to provide a home stead exemption from City of Cornelia ad valorem taxes for city purposes in the amount of $10,000.00 of the assessed value of the homestead for each resident of the City of Cornelia who is 65 years of age or older.

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

TUESDAY, MARCH 2, 1999

1029

HB 762. By Representative Massey of the 86th:
A bill to amend an Act re-creating and establishing a Board of Commission ers of Barrow County, so as to provide for redistricting.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 768. By Representatives Sauder of the 29th, Wix of the 33rd, Parsons of the 40th, McKinney of the 51st, Ehrhart of the 36th and others:
A bill to amend an Act changing the compensation of the clerk of the supe rior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 769. By Representatives Wiles of the 34th, Ehrhart of the 36th, Franklin of the 39th, Kaye of the 37th, Shipp of the 38th and others:
A bill to amend an Act providing for the compensation of the judge of the Ju venile Court of Cobb County, so as to provide for a change in the compensa tion of the judges of the Juvenile Court of Cobb County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 771. By Representative Purcell of the 147th:
A bill to create the Effingham Family Connection Commission.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 780. By Representatives Alien of the 117th, Anderson of the 116th, Howard of the 118th, DeLoach of the 119th, Connell of the 115th and others:
A bill to amend an Act regulating public instruction for the County of Rich mond, so as to change the provisions for removing the superintendent of schools from office; to change the maximum term of the superintendent's contract and to change the qualifications for such office.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 781. By Representatives Alien of the 117th, Anderson of the 116th, Howard of the 118th, DeLoach of the 119th, Connell of the 115th and others:
A bill to amend an Act regulating public instruction for the County of Rich mond, so as to change the provisions for filling vacancies on the board of ed ucation of Richmond County and the manner of electing members of said board.

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

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HB 783. By Representative Smith of the 91st:
A bill to amend an Act which relates to the election of the chairman and members of the Oconee County board of education, so as to provide for the compensation of the Oconee County board of education.
The following substitute offered by Representative Smith of the 91st, was read and adopted:

A BILL
To amend an Act which relates to the election of the chairman and members of the Oconee County board of education which was proposed by Resolution Act No. 135 of the 1964 General Assembly and which was duly ratified at the 1964 general election (Ga. L. 1964, p. 911), and which was continued in force and effect as a part of the Constitution of the State of Georgia by an Act approved March 25, 1986 (Ga. L. 1986, p. 4562), so as to provide for the compensation of the Oconee County board of education; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act which relates to the election of the chairman and members of the Oconee County board of education which was proposed by Resolution Act No. 135 of the 1964 General Assembly and which was duly ratified at the 1964 general election (Ga. L. 1964, p. 911), and which was continued in force and effect as a part of the Constitution of the State of Georgia by an Act approved March 25, 1986 (Ga. L. 1986, p. 4562), is amended by ad ding at the end of Section 1 a new paragraph to read as follows:
"The members of the Oconee County Board of Education shall be compensated as pro vided in this Act. Each board member, including the chairperson, shall receive a sal ary of $150.00 per month, payable in equal monthly installments. All such amounts shall be payable from local tax funds available to the Oconee County School District. The compensation for a given month may be withheld for any member of the board of education who fails to attend any official board meeting for that month. Compensa tion may be withheld only by majority vote of the other board members in open meeting."
SECTION 2.
This Act shall become effective on July 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, was agreed to, by substitute.
HB 789. By Representatives Cooper of the 31st, Ehrhart of the 36th, Franklin of the 39th, Wix of the 33rd, Grindley of the 35th and others:
A bill to amend an Act consolidating the offices of tax collector and tax re ceiver into the office of tax commissioner of Cobb County, so as to change the compensation of the chief clerk, executive secretary, and administrative specialist.

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

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1031

HB 796. By Representatives Teper of the 61st, Maddox of the 72nd, Harrell of the 62nd, Stuckey of the 67th, Hegstrom of the 66th and others:
A bill to amend an Act revising, superseding, and consolidating the laws re lating to the governing authority of DeKalb County, so as to authorize the Board of Commissioners of DeKalb County to adopt an ordinance allowing the deduction from the county employees' salaries or wages amounts desig nated for charitable organizations or contributions or dues to entities provid ing services and benefits to employees.

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

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

Alien Anderson Ashe Bailey Bannister Barnard Barnes Benefield Birdsong Bohannon Bordeaux Borders Bridges Brooks Brown Buck Buckner Bulloch Bunn Burkhalter Byrd Callaway Y Campbell Y Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell Cooper Cox Crawford Cummings Davis, M

Y Davis, T Y Day
Dean DeLoach, B
DeLoach, G Y Dix
Dixon Y Dodson Y Dukes Y Ehrhart
Epps Y Evans Y Everett
Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree
Henson Y Holland Y Holmes
Houston Y Howard
Hudgens
Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B
Jackson, L
Y James
Y Jamieson
Y Jenkins N Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas
Maddox Y Mann
Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
Mueller
Y O'Neal
Orrock
Y Parham
Y Fairish
Parsons

Pelote Pinholster Poag Ponder Porter Powell Purcell Ragas Randall Ray Reaves Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L

Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow Squires Stallings Stancil Stanley, P Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper Tillman Tolbert Trense Turnquest Twiggs Unterman Walker, L Walker, R.L Watson West Westmoreland Whitaker Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

On the passage of the Bills, the ayes were 140, nays 2. The Bills, having received the requisite constitutional majority, were passed.
Representative Williams of the 114th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representatives Millar of the 59th and Davis of the 60th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

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Representative Tolbert of the 25th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Davis of the 60th moved that the House reconsider its action in giving the requisite constitutional majority to HB 796.

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

N Alien N Anderson Y Ashe
Bailey Bannister N Barnard N Barnes
Benefield N Birdsong N Bohannon
Bordeaux N Borders Y Bridges N Brooks Y Brown N Buck
Buckner N Bulloch
Bunn Y Burkhalter N Byrd Y Callaway Y Campbell Y Cash N Channel! N Childers Y Clark Y Coan Y Coleman, B N Coleman, T N Connell
Cooper N Cox N Crawford N Cummings Y Davis, M

N Davis, T Y Day N Dean Y DeLoach, B Y DeLoach, G N Dix N Dixon N Dodson
Dukes Y Ehrhart
Epps Y Evans Y Everett Y Felton N Floyd Y Franklin Y Golick
N Graves N Greene Y Grindley Y Hammontree N Manner
Y Harbin
N Harrell N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes
Houston N Howard N Hudgens N Hudson, H N Hudson, N

N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings
Jones Y Joyce Y Kaye
Lane Y Lewis N Lord N Lucas
N Maddox
Y Mann
Y Manning N Martin, J N Martin, J.L N Massey N McBee
N McCall N McClinton
McKinney Y Millar N Mills N Mobley N Morris N Mosley
Y Mueller
N O'Neal
N Orrock N Parham N Parrish
Parsons

N Pelote Y Pinholster N Poag N Ponder N Porter N Powell N Purcell N Ragas
Randall
N Ray N Reaves N Reece N Reed N Reese N Reichert N Rice N Richardson N Roberts
Rogers N Royal Y Sanders Y Sauder N Scarlett
Scheid
N Scott N Shanahan N Shaw Y Shipp N Sholar
Sims
N Sinkfield
Skipper
Y Smith, B N Smith, C Y Smith, C.W
Smith, L

N Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre N Snelling N Snow N Squires N Stallings Y Stancil
Stanley, P Stanley-Turner
Stephens N Stokes N Stuckey N Taylor
Teague N Teper N Tillman
Tolbert Y Trense
Turnquest N Twiggs Y Unterman N Walker, L N Walker, R.L N Watson N West N Westmoreland N Whitaker Y Wiles N Williams, J Y Williams, R N Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 47, nays 106.
The motion was lost.
The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: SB 96. By Senators Lee of the 29th and Thompson of the 33rd:
A bill to amend Code Section 19-7-49 of the Official Code of Georgia Anno tated, relating to paternity orders, so as to change the contents and effect of such orders; to provide for an effective date; to provide for applicability. SB 100. By Senator Madden of the 47th: A bill to amend Chapter 4 of Title 26 of the Official Code of Georgia Anno tated, the "Georgia Pharmacy Practice Act," so as to change the provisions

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1033

relating to definitions; to change the provisions relating to powers of the State Board of Pharmacy; to change the provisions relating to eligibility of foreign pharmacy school or college graduates for certain licenses; to provide for inactive licenses and license reactivation.
SB 112. By Senators Brush of the 24th, Cheeks of the 23rd and Price of the 56th:
A bill to amend Code Section 20-2-306 of the Official Code of Georgia Anno tated, relating to the student honors program, so as to include home study programs within its provisions.
SB 140. By Senator Ray of the 48th:
A bill to amend Chapter 12 of Title 44 of the Official Code of Georgia Anno tated, relating to rights in personalty, so as to define certain terms; to pro vide for ownership rights to dies, molds, forms, and patterns; to provide for liens on such properties; to provide for sales of such properties; to provide for related matters; to amend Code Section 44-14-320 of the Official Code of Georgia Annotated, relating to establishment of certain liens and removal of nonconforming liens, so as to provide for molders' liens.
SB 145. By Senators Marable of the 52nd, Dean of the 31st and Walker of the 22nd:
A bill to amend Article 1 of Chapter 9 of Title 42 of the Official Code of Geor gia Annotated, relating to general provisions regarding pardons and paroles, so as to separate the State Board of Pardons and Paroles from the Depart ment of Corrections for administrative purposes; to relieve the members of the board of their ex officio advisory roles to the Board of Corrections.
SB 204. By Senator Crotts of the 17th:
A bill to amend an Act reincorporating the City of McDonough, as amended, so as to change the corporate boundaries of said city; to provide for a special election to be conducted by the election superintendent of Henry County with the costs thereof paid by the City of McDonough; to provide for effective dates and automatic repeal.
HB 378. By Representatives Porter of the 143rd and Coleman of the 142nd:
A bill to create the Dublin-Laurens County Recreation Authority.
HB 430. By Representative Martin of the 145th:
A bill to amend an Act establishing the State Court of Candler County, so as to change the provisions relating to the compensation of the judge of said court and the compensation of the judge's secretary.
HB 559. By Representatives Smith of the 103rd, Williams of the 114th, Brown of the 130th and Yates of the 106th:
A bill to create the Newnan Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to promote tour ism, conventions, and trade shows in Newnan.
HB 647. By Representatives Parham of the 122nd and Hudson of the 120th:
A bill to amend an Act providing for the election of members of the board of education of Baldwin County, so as to change the composition of education districts from which members of the board of education are elected.
HB 652. By Representatives Williams of the 114th, Howard of the 118th, Alien of the 117th and others:
A bill to amend an Act creating the Board of Tax Assessors for Richmond County, so as to change provisions relating to the membership of the board.

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HB 655. By Representatives Epps of the 131st and Hugley of the 133rd:
A bill to amend an Act reconstituting the Meriwether County Board of Edu cation, so as to provide a per diem allowance for the members of such board.
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 108. By Senators Hill of the 4th and Gillis of the 20th:
A resolution designating a portion of State Route 147 in Tattnall County as the R. P. Balkcom, Jr., Memorial Highway.
SR 109. By Senators Hill of the 4th and Kemp of the 3rd:
A resolution redesignating a portion of State Route 57 in Tattnall County as the Romie Waters Highway.
The Senate has adopted the report of the Committee of Conference on the following bill of the House:
HB 143. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1998-1999 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1998-1999.
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 74. By Senators Marable of the 52nd, Hooks of the 14th, Bowen of the 13th and Dean of the 31st:
A bill to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting elementary and sec ondary schools, so as to change the provisions relating to school safety plans; to require private schools to prepare school safety plans; to require that school safety plans address preparedness for certain accidents, acts of vio lence, and acts of terrorism.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SB 74. By Senators Marable of the 52nd, Hooks of the 14th, Bowen of the 13th and others:
A bill to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting elementary and sec ondary schools, so as to change the provisions relating to school safety plans; to require private schools to prepare school safety plans; to require that school safety plans address preparedness for certain accidents, acts of vio lence, and acts of terrorism.
Referred to the Committee on Education.
SB 96. By Senators Lee of the 29th and Thompson of the 33rd:
A bill to amend Code Section 19-7-49 of the Official Code of Georgia Anno tated, relating to paternity orders, so as to change the contents and effect of such orders; to provide for an effective date; to provide for applicability.
Referred to the Committee on Judiciary.
SB 100. By Senator Madden of the 47th:
A bill to amend Chapter 4 of Title 26 of the Official Code of Georgia Anno tated, the "Georgia Pharmacy Practice Act," so as to change the provisions

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1035

relating to definitions; to change the provisions relating to powers of the State Board of Pharmacy; to change the provisions relating to eligibility of foreign pharmacy school or college graduates for certain licenses; to provide for inactive licenses and license reactivation.
Referred to the Committee on Health & Ecology.

SB 112. By Senators Brush of the 24th, Cheeks of the 23rd and Price of the 56th:
A bill to amend Code Section 20-2-306 of the Official Code of Georgia Anno tated, relating to the student honors program, so as to include home study programs within its provisions.
Referred to the Committee on Education.

SB 140. By Senator Ray of the 48th:
A bill to amend Chapter 12 of Title 44 of the Official Code of Georgia Anno tated, relating to rights in personalty, so as to define certain terms; to pro vide for ownership, rights to dies, molds, forms, and patterns; to provide for liens on such properties; to provide for sales of such properties; to provide for related matters; to amend Code Section 44-14-320 of the Official Code of Georgia Annotated, relating to establishment of certain liens and removal of nonconforming liens, so as to provide for molders' liens.
Referred to the Committee on Judiciary.

SB 145. By Senators Marable of the 52nd, Dean of the 31st and Walker of the 22nd:
A bill to amend Article 1 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions regarding pardons and pa roles, so as to separate the State Board of Pardons and Paroles from the De partment of Corrections for administrative purposes; to relieve the members of the board of their ex officio advisory roles to the Board of Corrections.
3/2/99
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross Senate Bill 145. This notice is made prior to or upon read ing the bill the first time.

/s/ David E. Lucas Representative 124th District
Referred to the Committee on State Institutions & Property.
SB 204. By Senator Crotts of the 17th:
A bill to amend an Act reincorporating the City of McDonough, as amended, so as to change the corporate boundaries of said city; to provide for a special election to be conducted by the election superintendent of Henry County with the costs thereof paid by the City of McDonough; to provide for effec tive dates and automatic repeal.
Referred to the Committee on State Planning & Community Affairs - Local.

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SR 108. By Senators Hill of the 4th and Gillis of the 20th: A resolution designating a portion of State Route 147 in Tattnall County as the R. P. Balkcom, Jr., Memorial Highway.
Referred to the Committee on Transportation.
SR 109. By Senators Hill of the 4th and Kemp of the 3rd: A resolution redesignating a portion of State Route 57 in Tattnall County as the Romie Waters Highway.
Referred to the Committee on Transportation.

Representative Stallings of the 100th arose to a point of personal privilege and ad dressed the House.
Representative Murphy of the 18th arose to a point of personal privilege and addressed the House.
Representative Smith of the 19th arose to a point of personal privilege and addressed the House.
Under the general order of business, established by the Committee on Rules, the follow ing Bills of the House were taken up for consideration and read the third time: HB 558. By Representatives Smith of the 103rd, Westmoreland of the 104th, Brown
of the 130th and Yates of the 106th: A bill to amend Code Section 48-13-51, relating to the levy and collection of certain excise taxes, so as to provide authorization with certain conditions for certain counties and municipalities to levy such tax.
The following Committee substitute was read and adopted:

A BILL
To amend Code Section 48-13-51, relating to the levy and collection of certain excise taxes, so as to provide authorization with certain conditions for certain counties and mu nicipalities to levy such tax; to provide for requirements and limitations with respect thereto; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 48-13-51, relating to the levy and collection of certain excise taxes, is amended by striking paragraphs (1) and (2) of subsection (a) and inserting in lieu thereof the following:
"(1)(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 li censed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly fur nished for value. Within the territorial limits of the special district located within the county, each county in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommoda-

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tions furnished by any person or legal entity licensed by, or required to pay busi ness 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, lodgings, 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 im posing the tax for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommoda tions 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 collected 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 actually 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 person or entity providing such room, lodging, or accommodation until it is paid and shall be recoverable at law by the person or entity providing such room, lodging, or accommodation in the same manner as authorized for the re covery 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 ocction (i) of this subparagraph 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 de struction 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 accommodations during the first ten days of continuous occupancy and shall not apply to charges imposed for any continuous occupancy thereafter. The tax author ized 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 pro vided 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 em ployees when traveling on official business.
(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), (4.6), (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 per cent of the charge to the public for the furnishings.
(2) A county or municipality levying a tax as provided in paragraph (1) of this sub section shall in each fiscal year beginning on or after July 1, 1987, expend for the purpose of promoting tourism, conventions, and trade shows a percentage of the to-

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tal taxes collected under this Code section which is not less than the percentage of such tax collections expended for such purposes during the immediately preceding fiscal year. In addition, if during such immediately preceding fiscal year any portion of such tax receipts was expended for such purposes through a grant to or a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization, then in each fiscal year beginning on or after July 1, 1987, at least the same percentage shall be expended through a contract or contracts with one or more such entities for the purpose of promoting tourism, con ventions, and trade shows. The expenditure requirements of this paragraph shall cease to apply to a county or municipality which levies a tax at a rate in excess of 3 percent, as authorized under paragraphs (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.6), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (5), and (5.1) of this subsection; and in such case the expenditure requirements of such paragraph of this subsection pursuant to which such tax is levied shall apply instead."
SECTION 2.
Said Code section is further amended by inserting immediately following paragraph (4.5) of subsection (a) the following:
"(4.6) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality within a county in which a convention center authority has been created by local Act of the General Assembly and which authority is in existence on or before July 1, 2001, for the purpose of owning or operating a facility may levy a tax under this Code section at a rate of 5 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (4.6)) an amount equal to at least 40 percent of the total taxes collected at the rate of 5 percent for the purpose of: (A) promoting tourism, conven tions, and trade shows; (B) funding and supporting a facility owned or operated by such convention and visitors authority; or (C) for some combination of such pur poses. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention center authority created by local Act of the General Assembly for a municipality, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purpose (B) may be so expended in any otherwise lawful manner without the necessity of a contract. Any tax levied pursuant to this paragraph (4.6) shall terminate not later than De cember 31, 2037, provided that during any period during which there remains out standing any obligation issued to fund a facility as contemplated by this paragraph (4.6), and secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph (4.6) shall not be diminished or impaired by the state, and no county or municipality levying the tax imposed by this paragraph (4.6) shall cease to levy the tax in any manner that will impair the interest and rights of the holders of any such obligation. This proviso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obligation by a convention center authority, shall constitute a contract with the holder of such obli gations. Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph (4.6), the terms 'fund' and 'funding' shall include the cost and expense of all things deemed necessary by a local convention center authority for the construction, renovation, and operation of a facility including, but not limited to, the study, operation, marketing, acquisition, construction, finance, development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equipment, or facilities, and the repayment of any obligation incurred by a local convention center authority in connection therewith; 'obligation' shall include bonds, notes, or any instrument creating an obligation to pay or re-

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1039

serve moneys and having an initial term of not more than 37 years; and 'facility shall mean a convention center or other facility and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of a facility used for convention and trade show purposes or amusement purposes, edu cational purposes, or a combination thereof and for fairs, expositions, or exhibitions in connection therewith by a local convention center authority."

SECTION 3.
Said Code section is further amended by striking paragraph (6) of subsection (a) and in serting in lieu thereof the following:
"(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), (4.6), (5), or (5.1) of this subsection, any county or municipality which has levied a tax pursuant to para graph (3.1), (3.2), (3.3), (3.4), (3.5), (3.6), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (5), or (5.1) of this subsection shall be authorized to levy a tax in the manner and at the rate authorized by either paragraph (1), paragraph (3), or paragraph (4) of this sub section 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), (4.6), (5), or (5.1) of this subsection."
SECTION 4.
Said Code section is further amended by striking paragraphs (9) and (10) of subsection (a) and inserting in lieu thereof the following:
"(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), (4.6), (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 im posed adopt a budget plan specifying how the expenditure requirements of this Code section will be met. Prior to the adoption of such budget plan, the county or municipality shall obtain from the authorized entity with which it proposes to con tract to meet the expenditure requirements of this Code section a budget for ex penditures 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), (4.6), (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 Sec tion 36-81-7, and shall be determined by: (i) calculating the amount of funds ex pended 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), (4.6), (5), or (5.1) of this subsection, whichever is applicable, during the fiscal year; and (ii) ex pressing such amount as a percentage of tax receipts under this Code section dur ing such fiscal year. A county or municipality contractually expending funds to meet the expenditure requirements of paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.6), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6) (5), or (5.1) of this subsection shall require the contracting party to provide audit verification that the con tracting party makes use of such funds in conformity with the requirements of this subsection.

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(10) Nothing in this article shall be construed to limit the power of a county or mu nicipality 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), (4.6), (5), or (5.1) of this subsection."

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 substi tute, was agreed to.

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

Alien Andersen Ashe Bailey Bannister Barnard Barnes Benefield Birdsong Bohannon Bordeaux Borders Bridges Brooks Brown Buck Buckner Bulloch Bunn Burkhalter Byrd Callaway Campbell Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T
Y Day Y Dean
DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson
Dukes Y Ehrhart
Epps Y Evans Y Everett Y Felton Y Floyd
N Franklin Y Golick Y Graves Y Greene
Y Grindley
Y Hammontree
Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Y Holmes
Houston Y Howard Y Hudgens
Y Hudson, H
Y Hudson, N

Y Hugley
Y Irvin Y Jackson, B Y Jackson, L
Y James
Y Jamieson Y Jenkins Y Jennings Y Jones
Y Joyce
Kaye
Y Lane Y Lewis Y Lord
Y Lucas
Y Maddox Y Mann Y Manning Y Martin, J
Y Martin, J.L N Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y OTSTeal Y Orrock Y Parham Y Parrish Y Parsons

Pelote Pinholster Poag Ponder Porter Powell Purcell Ragas Randall Ray Reaves Reece Reed Reese Reichert Rice
Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C
Smith, C.W Smith, L

Y Smith, L.R
Y Smith, P Y Smith, T Y Smith, V
Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey
Y Taylor
Teague
Y Teper Y Tillman Y Tolbert
Y Trense
Turnquest
Y Twiggs Y Unterman Y Walker, L N Walker, R.L
Y Watson Y West
Y Westmoreland Y Whitaker
Y Wiles N Williams, J Y Williams, R Y Wix
Y Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 152, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Coleman of the 142nd assumed the Chair. HB 352. By Representatives Stanley of the 50th, Stanley of the 49th, West of the
101st, Stancil of the 16th and Heckstall of the 55th: A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Anno tated, relating to payment and disposition of fines, so as to authorize the im position and collection of jail booking fees in any traffic court or municipal court of any municipality in this state having a population of 135,000 or

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1041

more according to the United States decennial census of 1990 or any future such census.

Representative Stanley of the 50th moved that further consideration of HB 352 be post poned until Wednesday, March 3, 1999.

The motion prevailed.
HB 585. By Representatives Teper of the 61st, Hugley of the 133rd, Taylor of the 134th, McBee of the 88th, Smith of the 12th and others:
A bill to amend Code Section 32-9-2 of the Official Code of Georgia Anno tated, relating to operation of and financial assistance to mass transit sys tems, so as to authorize the Department of Transportation to participate in capital projects for mass transportation systems in certain circumstances.

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

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

Alien Anderson Ashe Bailey Bannister Barnard Barnes Benefield Birdsong Bohannon Bordeaux
Borders Bridges Brooks Brown Buck
Buckner Bulloch
Bunn
Burkhalter Byrd
Callaway
Campbell Cash Channel! Childers Clark Coan Coleman, B
Coleman, T Connell Cooper Cox Crawford Cumminga Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd N Franklin
Golick
Y Graves
Y Greene Y Grindley Y Hammontree
Hanner
Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings Y Jones Y Joyce N Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee
McCall
McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y CCNeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote
Y Pinholster
Y Poag
Y Ponder
Y Porter Y Powell
Y Purcell Y Ragas Y Randall Y Ray Y Reaves
Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers
Y Royal N Sanders Y Sauder Y Scarlett
Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield
Skipper Y Smith, B 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 Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles N Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 156, nays 11.
The Bill, having received the requisite constitutional majority, was passed. HB 618. By Representatives Buck of the 135th and Royal of the 164th:
A bill to amend Code Section 48-8-111 of the Official Code of Georgia Anno tated, relating to imposition of the special county 1 percent sales and use

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tax, so as to authorize the tax to be imposed for and proceeds of the tax to be expended for major capital equipment.
The following Committee substitute was read and adopted:

A BILL

To amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to imposition of the special county 1 percent sales and use tax, so as to authorize the tax to be imposed for and proceeds of the tax to be expended for major capital equipment; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to imposition of the special county 1 percent sales and use tax, is amended by adding a new subsec tion immediately following subsection (a), to be designated subsection (a.l), to read as follows:

"(a.l) For purposes of subsection (a) of this Code section, a 'capital outlay project' means major, permanent, or long-lived improvements or betterments, such as land and structures, such as would be properly chargeable to a capital asset account and as distinguished from current expenditures and ordinary maintenance expenses. Such term shall include, but not be limited to, police cars, fire trucks, ambulances, garbage trucks, and other major equipment."

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 substi tute, was agreed to.

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

Alien Anderson Ashe Bailey Bannister
Barnard
Barnes Benefield
Birdsong Bohannon Bordeaux Borders Bridges Brooks Brown Buck Buckner
Bulloch
Bunn
Burkhalter Byrd Callaway Campbell Cash Channell Childers

Clark
Coan Coleman, B Coleman, T
Connell
Cooper
Cox Crawford Cummings Davis, M Davis, T Day Dean DeLoach, B DeLoach, G Dix Dixon
Dodson
Dukes
Ehrhart
Epps Evans
Everett
Felton
Floyd Franklin

Y Golick
Y Graves
Y Greene
Y Grindley Y Hammontree Y Hanner
Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L
Y James Y Jamieson

Y Jenkins Y Jennings
Jones Y Joyce
Y Kaye Y Lane Y Lewis Y Lord
Lucas
Y Maddox Y Mann
Y Manning
Y Martin, J
Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Mfflar Y Mills Y Mobley
Y Morris Y Mosley Y Mueller Y O'Neal

Orrock Parham Parrish Parsons
Pelote Pinholster Poag Ponder Porter
Powell Purcell Ragas Randall
Ray Reaves Reece Reed Reese Reichert
Rice Richardson Roberts Rogers Royal Sanders Sauder

Y Scarlett Scheid
Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield
Skipper

TUESDAY, MARCH 2, 1999

Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.E Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling

Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P
Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor

Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L

1043
Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix N Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 157, nays 5.
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. HB 458. By Representatives Childers of the 13th and Smith of the 12th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions relative to counties and municipal corpo rations, so as to prohibit the commencement of certain rock quarry opera tions under certain circumstances.
The following Committee substitute was read:
A BILL
To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to counties and municipal corporations, so as to prohibit the commencement of certain rock quarry operations under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general pro visions relative to counties and municipal corporations, is amended by inserting at the end thereof the following:
"36-60-22.
Any other provision of law to the contrary notwithstanding, if the director of the Envi ronmental Protection Division of the Department of Natural Resources determines af ter a scientific analysis that such a quarry location has significant adverse impact on the water system, no person may commence the operation of a limestone or dolostone rock quarry within eight miles of any well or spring accessing an underground source of water which provides water to any county or municipality in an amount of at least 50 percent of such county's or municipality's water supply or two million gallons per day, whichever is less."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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The following amendment was read and ruled not germane:

Representative Mueller of the 152nd moves to amend the Committee substitute to HB 458 by adding on line 1 of page 1 between the words "To" and "amend" the following:

"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 pro hibit acceptance, processing, or granting of any application for a permit for any appli cant who uses or proposes to use aquifer storage or recovery of surface water; to pro hibit diversion, recharging, or placing water withdrawn pursuant to a permit into any aquifer; to provide for a definition; to provide for automatic repeal; to".
By adding between lines 8 and 9 on page 1 the following:
"Code Section 12-5-31 of the Official Code of Georgia Annotated, relating to permits for the withdrawal, diversion, or impoundment of surface water, is amended by inserting at the end thereof the following:

'(p) The director shall not accept, process, or grant any application for a permit for surface-water withdrawal, diversion, or impoundment for any applicant who uses or proposes to use aquifer storage or recovery of surface water. No water withdrawn pur suant to a permit obtained under this Code section shall be diverted, recharged, or otherwise placed into any aquifer. For the purposes of this subsection, the term "aqui fer" shall have the meaning set out in Code Section 12-5-92. This subsection shall be automatically repealed December 31, 2005.'

SECTION 2."
By renumbering Sections 2 and 3 at the bottom of page 1 as Sections 3 and 4, respectively.

The Committee substitute was adopted.

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

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

Y Alien Y Anderson Y Ashe
Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown 7 Buck Y Buckner Y Bulloch Y Bunn
Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channel!

Childers
Clark Coan Coleman, B Coleman, T Connell Cooper Cox Crawford Cummings Davis, M Davis, T Day Dean DeLoach, B DeLoach, G Dix Dixon Dodson Dukes Ehrhart Epps Evans Everett Felton

Floyd N Franklin Y Golick Y Graves Y Greene
Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B

Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley

Y Morris Y Mosley Y Mueller Y OTxTeal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson

Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett
Scheid Y Scott Y Shanahan Y Shaw Y Shipp

TUESDAY, MARCH 2, 1999

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires Y Stailings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes

Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L

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Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix N Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 166, nays 3.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 610. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemp tions with respect to income taxes, so as to increase the income tax credit for the cost of operation of employer provided or employer sponsored child care; to provide an income tax credit to employers who construct on-site qualified child care facilities.

The following amendment was read:

Representative Channell of the lllth moves to amend HB 610 by striking from lines 39 and 40 on page 3 the following:

"purchased or acquired on or after July 1, 1999, and". By striking from line 41 on page 3 the following:

"January 1, 2000, and inserting in lieu thereof the following:

"July 1, 1999".

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

N Alien Y Anderson Y Ashe N Bailey Y Bannister N Barnard N Barnes N Benefield N Birdsong Y Bohannon N Bordeaux N Borders Y Bridges N Brooks Y Brown N Buck N Buckner N Bulloch Y Bunn Y Burkhalter N Byrd Y Callaway

Y Campbell Y Cash Y Channell N Childers Y Clark Y Coan N Coleman, B
Coleman, T N Connell Y Cooper Y Cox Y Crawford N Cummings Y Davis, M N Davis, T Y Day N Dean N DeLoach, B N DeLoach, G N Dix Y Dixon N Dodson

N Dukes Y Ehrhart N Epps Y Evans Y Everett Y Felton N Floyd Y Franklin N Golick Y Graves N Greene Y Grindley Y Hammontree N Hanner Y Harbin Y Harrell N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland

Holmes Houston Howard
Hudgens
Hudson, H Hudson, N Hugley Irvin Jackson, B Jackson, L James Jamieson
Jenkins
Jennings Jones
Joyce
Kaye Lane Lewis Lord Lucas
Maddox

Y Mann Y Manning N Martin, J Y Martin, J.L Y Massey N McBee Y McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley N Mueller N O'Neal N Orrock N Parham N Parrish Y Parsons N Pelote Y Pinholster

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Poag Ponder Porter Powell Purcell Ragas Randall Ray Reaves Reece Reed Reese Reichert Rice

JOUENAL OF THE HOUSE

Y Richardson N Roberts Y Rogers N Royal Y Sanders
Y Sauder Y Scarlett
Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp N Sholar N Sims

Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow Squires

N Stallings Y Stancil N Stanley, P N Stanley-Turner Y Stephens Y Stokes N Stuckey N Taylor N Teague Y Teper N Tillman Y Tolbert Y Trense N Turnquest

N Twiggs N Unterman N Walker, L N Walker, R.L
Watson N West Y Westmoreland N Whitaker Y Wiles Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 81, nays 93.

The amendment was lost.

The following amendment was read and adopted:

Representatives Buck of the 135th, Royal of the 164th, Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st move to amend HB 610 by striking "care;" on line 32 of page 3 and inserting in its place the following:

"care or one of the employers providing the child care in the event that the child care property is owned jointly or severally by the taxpayer and one or more employers;".
By striking line 9 of page 4 and inserting in its place the following:
"(i) The taxpayer and other employers in the event that the child care property is owned jointly or severally by the taxpayer and one or more employers; or".

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channel! Y Childers
Clark Y Coan

Coleman, B Coleman, T Connell Cooper Cox Crawford Cummings Davis, M Davis, T Day Dean DeLoach, B DeLoach, G Dix Dixon Dodson Dukes Ehrhart Epps Evans Everett Felton Floyd Franklin Golick Graves Greene Grindley

Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane

Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Y Ponder

Porter Powell Purcell Ragas
Randall
Ray Reaves Reece Reed Reese
Reichert
Rice Richardson Roberts Rogers
Royal
Sanders Sauder Scarlett Scheid Scott Shanahan
Shaw
Shipp
Sholar
Sims Sinkfield Skipper

Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V

TUESDAY, MARCH 2, 1999

Y Smyre Y Snelh'ng Y Snow Y Squires Y StalHngs Y Stancil Y Stanley, P Y Stanley-Turner

Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert

Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West

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Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spin-

On the passage of the Bill, as amended, the ayes were 170, nays 3.
The Bill, having received the requisite constitutional majority, was passed, as amended. HB 482. By Representatives Connell of the 115th and Martin of the 47th:
A bill to amend Code Section 16-12-1 of the Official Code of Georgia Anno tated, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a minor, so as to change certain penalty provisions applica ble to such offense.
The following Committee substitute was read:

A BILL
To amend Code Section 16-12-1 of the Official Code of Georgia Annotated, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a minor, so as to change certain penalty provisions applicable to such offense; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-12-1 of the Official Code of Georgia Annotated, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a minor, is amended by striking subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) A person convicted pursuant to paragraph (1) or (2) of subsection (b) of this Code section shall be punished as follows:
(1) Upon conviction of the first or second offense, the defendant shall be guilty of a misdemeanor and shall be fined not leaa than $200.00 nor more than $600.00 $1,000.00 or shall be imprisoned for not ICBB than one month nor more than five 12 months, or both fined and imprisoned; and
(2) Upon conviction of the second offcnac, the defendant shall be guilty of a miadc mcanor and ohall be fined not leoo than $400.00 nor more than $1,000.00 or shall be impriooncd for not leoa than throe months nor more than one year, or both fined and imprisoned; and
(3X2) Upon the conviction of the third or subsequent offense, the defendant 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 three years, or both fined and imprisoned."
SECTION 2.
This Act shall become effective on July 1, 1999.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Walker of the 87th moves to amend the Committee substitute to HB 482 as follows:
Page 1, line 32, strike "or" insert "and"
Page 2, lines 1 and 2 strike "or both fined and imprisoned" add . on line 1 after "years".

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

N Alien N Anderson N Ashe N Bailey
Bannister N Barnard N Barnes N Benefield N Birdsong Y Bohannon N Bordeaux N Borders Y Bridges N Brooks N Brown N Buck N Buckner N Bulloch N Bunn N Burkhalter N Byrd Y Callaway N Campbell Y Cash N Channell N Childers N Clark N Coan N Coleman, B
Coleman, T
N Connell N Cooper
Y Cox
N Crawford N Cummings Y Davis, M

N Davis, T N Day
Dean N DeLoach, B Y DeLoach, G Y Dix N Dixon N Dodson N Dukes
N Ehrhart N Epps N Evans N Everett N Felton N Floyd Y Franklin Y Golick N Graves N Greene N Grindley N Hammontree N Hanner N Harbin N Harrell N Heard N Heckstall N Hegstrom N Hembree N Henson N Holland N Holmes
Houston
Howard Y Hudgens N Hudson, H N Hudson, N

N Hugley N Irvin Y Jackson, B
Jackson, L
N James N Jamieson N Jenkins N Jennings N Jones N Joyce Y Kaye N Lane N Lewis N Lord N Lucas N Maddox Y Mann N Manning N Martin, J N Martin, J.L Y Massey N McBee N McCall N McClinton
N McKinney
N Millar Y Mills
N Mobley N Morris N Mosley
N Mueller N O'Neal N Orrock N Parham N Parrish N Parsons

N Pelote Y Pinholster N Poag N Ponder N Porter N Powell N Purcell N Ragas N Randall N Ray N Reaves N Reece N Reed Y Reese N Reichert N Rice N Richardson N Roberts Y Rogers N Royal Y Sanders N Sauder N Scarlett Y Scheid Y Scott N Shanahan N Shaw N Shipp N Sholar N Sims N Sinkfield N Skipper
Smith, B
N Smith, C N Smith, C.W N Smith, L

N Smith, L.R N Smith, P N Smith, T N Smith, V N Smyre N Snelling N Snow N Squires N Stallings Y Stancil N Stanley, P N Stanley-Turner N Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Tolbert N Trense N Turnquest N Twiggs N Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland N Whitaker N Wiles N Williams, J N Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 26, nays 146.
The amendment was lost.
The Committee substitute was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substi tute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B
Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

TUESDAY, MARCH 2, 1999

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick
Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall
Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Houston
Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B
Jackson, L
Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley
Y Morris
Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar
Y Sims
Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

1049
Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 175, nays 1.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 635. By Representatives Randall of the 127th and Dean of the 48th:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Anno tated, relating to the offense of driving under the influence of alcohol, drugs, or other intoxicating substances, so as to change certain penalty provisions applicable to a person who is convicted of a violation of said Code section.

The following amendment was read and adopted:

Representatives Kaye of the 37th and Randall of the 127th move to amend HB 635 by inserting after "Resources" on line 24 of page 2, line 7 of page 3, and line 36 of page 3 the following:

". The sponsor of any such program shall provide written notice of such approval to the person upon enrollment in the program".

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

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

Y Alien Y Anderson Y Ashe

Y Bailey Bannister
Y Barnard

Y Barnes Y Benefield Y Birdsong

Y Bohannon Y Bordeaux Y Borders

Y Bridges Y Brooks Y Brown

1050
Buck Buckner Bulloch Bunn Burkhalter Byrd Callaway Campbell Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell Cooper Cox Crawford Cummings Davis, M Davis, T Day Dean DeLoach, B DeLoach, G Dix Dixon Dodson Dukes Ehrhart Epps Evans

JOURNAL OF THE HOUSE

Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones

Y Joyce
Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L
Y Massey Y McBee Y McCall
Y McClinton Y McKinney
Y Millar Y Mills
Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell

Purcell Ragas Randall Ray Reaves Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L Smith, L.R Smith, P Smith, T

Smith, V Smyre Snelling Snow Squires Stallings Stancil Stanley, P Stanley-Turner
Stephens Stokes Stuckey Taylor Y Teague Y Teper Tillman Tolbert Trense Y Turnquest Y Twiggs Unterman Walker, L Walker, R.L Watson West Westmoreland Whitaker Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 174, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Representative Smith of the 91st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 172. By Representatives Coleman of the 142nd, Childers of the 13th, Sinkfield of the 57th, Dixon of the 168th, Powell of the 23rd and others:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to transfer the Division of Rehabilita tion Services from the Department of Human Resources to the Department of Labor.
The following Committee substitute was read and withdrawn:
A BILL
To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and indus trial relations, so as to transfer the Division of Rehabilitation Services from the Depart ment of Human Resources to the Department of Labor; to provide for definitions; to pro vide for the transfer of property; to provide for the transfer of officers, employees, agents, and other personnel and for rights and benefits relating thereto; to provide for powers, duties, and functions of the Division of Rehabilitation Services; to provide for rules and regulations, policies, and orders and for rights and duties under certain agree ments; to provide for duties, powers, and functions of the Commissioner of Labor and the Department of Labor; to provide for the director of the Division of Rehabilitation Services and the duties, functions, and compensation thereof; to provide for funding, agreements, budgeting, and appropriations; to provide for gifts; to provide for rehabilita-

TUESDAY, MARCH 2, 1999

1051

tion services and financial assistance; to provide for hearings and administrative proce dure; to provide for rights and for subrogation and liens; to provide for property and its disposition; to prohibit certain conduct and provide for penalties; to provide for amend ments and repeal and rights relating thereto; to provide for vending facilities for certain persons with disabilities; to amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to provide that the commissioner of that department will be the administrator of a certain program and pro vide for compensation and allowances therefor; to specifically repeal certain laws and change and correct cross-references to certain laws and to the Division of Rehabilitation Services; to substitute "persons with disabilities" for certain terms; 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 34 of the Official Code of Georgia Annotated, relating to labor and industrial rela tions, is amended by adding at the end a new chapter to read as follows:

34-15-1.

"CHAPTER 15 ARTICLE 1

As used in this chapter, the term or terms:
(1) 'Blind person' means a person who has: (A) Not more than 20/200 central visual acuity in the better eye after correction; or (B) An equally disabling loss of the visual field.
(2) 'Commissioner' means the Commissioner of Labor.
(3) 'Department' means the Department of Labor.
(4) 'Director' means the official of the division who is charged with the administra tion of its functions under this chapter.
(5) 'Disability to employment' means a physical or mental condition which consti tutes, contributes to, or, if not corrected, will probably result in an impairment of oc cupational performance.
(6) 'Division' means the Division of Rehabilitation Services of the Department of Labor.
(7) 'Occupational license' means any license, permit, or other written authority re quired by any governmental unit to be obtained in order to engage in an occupation.
(8) 'Person with disabilities' means an individual having a physical or mental im pairment that substantially limits one or more of the major life activities;
(9) 'Prosthetic appliance' means any artificial device necessary to support or take the place of a part of the body or to increase the acuity of a sense organ.
(10) 'Regulations' means regulations made by the Commissioner and promulgated in the manner prescribed by law.

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(11) 'Rehabilitation center" means a facility operated for the purpose of assisting in the rehabilitation of persons with disabilities which provides one or more of the fol lowing types of services:
(A) Testing, fitting, or training in the use of prosthetic devices;
(B) Prevocational or conditioning therapy;
(C) Physical, corrective, or occupational therapy; or
(D) Adjustment training or evaluation or control of special disabilities; or a facil ity in which a coordinated approach is made to the physical, mental, and voca tional evaluation of persons with disabilities and an integrated program of physi cal restoration and prevocational training is provided under competent professional supervision and direction.
(12) 'Rehabilitation training" means all necessary training provided to a person with disabilities to compensate for his or her disability to employment, including, but not limited to, manual preconditioning, prevocational, vocational, and supplementary training and training provided for the purpose of developing occupational skills and capacities.
(13) "Vocational rehabilitation" and Vocational rehabilitation services' mean any ser vice, provided directly or through public or private instrumentalities, found by the director to be necessary to compensate a person with disabilities for his or her disa bility to employment and to enable such individual to engage in a remunerative occupation.
(14) "Workshop' means a place where any manufacture or handwork is carried on and which is operated for the primary purpose of providing therapeutic and rehabili tative activities, including the use of monetary rewards as an incentive therapeutic practice for persons with disabilities unable to engage in the competitive labor mar ket. Persons receiving therapy in workshops shall not be considered as employees of the state for workers' compensation, retirement, or any other purposes. 34-15-2.

(a) The Division of Rehabilitation Services within the Department of Human Re sources, except for that part of the division performing disability determination ser vices under subsection (b) of Code Section 49-9-2, is transferred to the Department of Labor and shall become the Division of Rehabilitation Services of the Department of Labor. The functions, duties, and authority of the Division of Rehabilitation Services which were vested in the Department of Human Resources on June 30, 1999, except for those performed by that part of the division performing disability determination services under subsection (b) of Code Section 49-9-2, are vested in the Department of Labor effective July 1, 1999. The division shall be administered by a director ap pointed by the Commissioner. The policy-making functions of the Department of Human Resources pertaining to the Division of Rehabilitation Services are vested in the Commissioner.
(b) The Department of Labor shall, from the effective date of this chapter, assume possession and control of all records, papers, equipment, supplies, office space, and all other tangible property possessed and controlled by the Department of Human Re sources as of June 30, 1999, in its administration of those functions of the Division of Rehabilitation Services vested in the Department of Labor on July 1, 1999, by this chapter.
(c) All officers, employees, and agents of the Division of Rehabilitation Services who, on June 30, 1999, are engaged in the performance of a function or duty which shall be vested in the Division of Rehabilitation Services of the Department of Labor on July 1,

TUESDAY, MARCH 2, 1999

1053

1999, by this chapter, shall be automatically transferred to the Department of Labor on July 1, 1999. Such persons shall be subject to the employment practices and poli cies of the Department of Labor on and after July 1, 1999, but consistent with the compensation and benefits of other employees of that department holding positions substantially the same as the transferred employees, the compensation and benefits of such transferred employees shall not be reduced. Employees who are subject to the State Merit System of Personnel Administration and who are transferred to the Divi sion of Rehabilitation Services of the Department of Labor shall retain all existing rights under the State Merit System of Personnel Administration. Retirement rights of such transferred employees existing under the Employees' Retirement System of Geor gia or other public retirement systems on June 30, 1999, shall not be impaired or in terrupted by the transfer of such employees, and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 1999. Accrued annual and sick leave possessed by said employees on June 30, 1999, shall be retained by said employees as employees of the Department of Labor.
(d)(l) The Division of Rehabilitation Services of the Department of Labor shall con form to federal standards in all respects necessary for receiving federal grants and the Commissioner of the Department of Labor is authorized and empowered to effect such changes as may, from time to time, be necessary in order to comply with such standards.
(2) The Division of Rehabilitation Services of the Department of Labor is authorized to employ, on a full or part-time basis, such medical, psychiatric, social work, super visory, institutional, and other professional personnel and such clerical and other employees as may be necessary to discharge the duties of the division under this chapter. The division is also authorized to contract for such professional services as may be necessary.
(3) Classified employees of the Division of Rehabilitation Services of the Department of Labor under this chapter shall in all instances be employed and dismissed in ac cordance with rules and regulations of the State Merit System of Personnel Administration.
(4) All personnel of the Division of Rehabilitation Services of the Department of La bor are authorized to be members of the Employees' Retirement System of Georgia as provided in Chapter 2 of Title 47. All rights, credits, and funds in that retirement system which are possessed by state personnel transferred by provisions of this chapter to the Department of Labor, or otherwise had by persons at the time of em ployment with that department, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the Division of Rehabilitation Services of the Department of Labor.
(e) The Department of Labor shall succeed to all rules, regulations, policies, proce dures, and administrative orders of the Department of Human Resources which are in effect on June 30, 1999, and which relate to the functions of the Division of Rehabili tation Services transferred to the Department of Labor by this chapter. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by proper authority or as otherwise pro vided by law.
(f) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 1999, by the Depart ment of Human Resources and which pertain to the functions transferred to the De partment of Labor by this chapter shall continue to exist; and none of these rights,

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privileges, entitlements, and duties are impaired or diminished by reason of the trans fer of the functions to the Department of Labor. In all such instances, the Department of Labor shall be substituted for the Department of Human Resources, and the De partment of Labor shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions.
34-15-3.

In carrying out his or her duties under this chapter, the director:
(1) Shall, with the approval of the Commissioner, prepare such regulations for pro mulgation by the Commissioner as he or she finds necessary to carry out the pur poses of this chapter;
(2) Shall, with the approval of the Commissioner, prepare such policies and proce dures as he or she finds necessary for the purposes of this chapter and establish ap propriate subordinate administrative units within the division;
(3) Shall recommend to the Commissioner for appointment such personnel as he or she deems necessary for the efficient performance of the functions of the division;
(4) Shall prepare and submit to the Commissioner annual reports of activities and expenditures and, prior to each regular session of the General Assembly, estimates of sums required for carrying out this chapter and estimates of the amounts to be made available for this purpose from all sources;
(5) Shall make certification for disbursement, in accordance with regulations, of funds available for carrying out the purposes of this chapter; and
(6) May, with the approval of the Commissioner, delegate to any officer or employee of the division such of his or her powers and duties, except the making of regula tions and the appointment of personnel, as he or she finds necessary to carry out the purposes of this chapter. 34-15-4.

The department, through the division, shall provide the services authorized by this chapter to persons with disabilities determined to be eligible therefor; and, in carrying out the purposes of this chapter, the division is authorized, among other things:
(1) To cooperate with other departments, agencies, and institutions, both public and private, in providing the services authorized by this chapter to persons with disabili ties; in studying the problems involved therein; and in establishing, developing, and providing, in conformity with the purposes of this chapter, such programs, facilities, and services as may be necessary or desirable;
(2) To enter into reciprocal agreements with other states to provide for the services authorized by this chapter to residents of the state concerned;
(3) To conduct research and compile statistics relating to the provision of services or the need of services by persons with disabilities;
(4) To license blind persons or other persons with disabilities to operate vending fa cilities under its supervision and control, subject to the terms and conditions pro vided in regulations, policies, and procedures issued pursuant to paragraphs (1) and (2) of Code Section 34-15-3, on:
(A) State property;

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(B) County or municipal property;
(C) Federal property, pursuant to delegation of authority under the Randolph-Sheppard Act (20 U.S. Code, Section 107b) (49 Stat. 1559) and any amend ment thereto or any act of Congress relating to this subject; and
(D) Private property; and
(5) To provide for the establishment, supervision, and control of suitable business enterprises to be operated by persons with disabilities.
34-15-5.

The Division of Rehabilitation Services is authorized to utilize funds made available from appropriations by Congress, by gifts or grants from private sources, by appropri ations of the General Assembly, or by transfer of funds from other state departments for the purpose of establishing and operating rehabilitation centers and workshops.
34-15-6.

The department, through the division, is empowered and directed to cooperate, pursu ant to agreements with the federal government, in carrying out the purposes of any federal statutes pertaining to the purposes of this chapter. The department is author ized to adopt such methods of administration as are found by the federal government to be necessary for the proper and efficient operation of such agreements and to com ply with such conditions as may be necessary to secure the full benefits of such federal statutes and appropriations, to administer any legislation pursuant thereto enacted by this state, to direct the disbursement and administer the use of all funds provided by the federal government or this state for the purposes of this chapter, and to do all things necessary to ensure the vocational rehabilitation of persons with disabilities.
34-15-7.

The Office of Treasury and Fiscal Services is designated as custodian of all moneys re ceived from the federal government for the purpose of carrying out any federal stat utes pertaining to the purpose of this chapter. The Office of Treasury and Fiscal Ser vices shall make disbursements from such funds and all state funds available for such purposes, upon certification in the manner provided in paragraph (5) of Code Section 34-15-3.

Budget estimates of the amount of appropriations needed each fiscal year for voca tional rehabilitation services and for the administration of the program under this chapter shall be submitted by the director to the Commissioner and, upon approval by the Commissioner, shall be included in the estimates made by the Commissioner to the Office of Planning and Budget. In the event federal funds are available to the state for vocational rehabilitation purposes, the Division of Rehabilitation Services is authorized to comply with such requirements as may be necessary to obtain said fed eral funds in the maximum amount and most advantageous proportion possible inso far as this may be done without violating other provisions of the state law and Consti tution. In the event Congress fails in any year to appropriate funds for grants-in-aid to the state for vocational rehabilitation purposes, the Commissioner shall include as a part of his or her budget a request for adequate state funds for vocational rehabilita tion purposes.
34-15-9.

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The director is authorized and empowered, with the approval of the Commissioner, to accept and use gifts made unconditionally, by will or otherwise, for carrying out the purposes of this chapter. Gifts made under such conditions as are proper and consis tent with this chapter may be so accepted and shall be held, invested, reinvested, and used in accordance with the conditions of the gift.
34-15-10.
(a) Vocational rehabilitation services shall be provided to any qualified individual who is a bona fide resident of the state.
(b) The financial need of eligible persons with disabilities will be considered in the provision of vocational rehabilitation services to the extent allowed by federal or other state law.
34-15-11.
The Division of Rehabilitation Services of the Department of Labor is the designated state unit for the independent living program. The independent living program is au thorized to provide or contract for the provision of such services as may be needed to enable persons with disabilities to attain the maximum degree of independent living. The powers delegated and authorized in this Code section for the division shall be in addition to those previously authorized by any other law. The department is author ized to cooperate with any federal agency in the administration of such a program.
34-15-12.
Any individual applying for or receiving vocational rehabilitation services who is ag grieved by any action or inaction of the division shall be entitled, in accordance with regulations, to a hearing in accordance with Chapter 13 of Title 50, the 'Georgia Ad ministrative Procedure Act.'
34-15-13.
Any rights of persons with disabilities to maintenance under this chapter shall not be transferable or assignable at law or in equity and shall be exempt from the claims of creditors.
34-15-14.
Where a person with disabilities who receives vocational rehabilitation services is cov ered by a hospitalization or medical insurance policy, the Division of Rehabilitation Services shall be subrogated to the rights of such person with disabilities to recover in an amount not to exceed the cost of vocational rehabilitation services rendered by the Division of Rehabilitation Services, exclusive of those services for which eligibility is not predicated on the need for financial assistance. Where the person with disabilities receives vocational rehabilitation services without disclosing that he or she is covered by a hospitalization or medical insurance policy, he or she shall be liable therefor to the Division of Rehabilitation Services in an amount not to exceed the cost of rehabili tation services rendered, exclusive of those services for which eligibility is not predi cated on the need for financial assistance, or in an amount not to exceed the insurance reimbursement received, whichever is the lesser.
34-15-15.
Where a person with disabilities who receives vocational rehabilitation services is enti tled to recover damages for said injuries, the Division of Rehabilitation Services shall have a lien, in an amount not to exceed the cost of rehabilitation services rendered, upon any and all causes of action accruing to the individual to whom such services were furnished, or to the legal representative of such individual, on account of injuries giving rise to such cause of action and which necessitated such rehabilitation services,

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subject, however, to any attorney's lien. In order to perfect such lien, the Division of Rehabilitation Services shall file in the office of the clerk of the superior court of the county wherein the individual resides, a verified statement setting forth the name and address of such individual; the name and address of the Division of Rehabilitation Services; the amount claimed to be due for such vocational rehabilitation services; and, to the best of claimant's knowledge, the names and addresses of all persons, firms, or corporations claimed by such injured individual, or the legal representative of such individual, to be liable for damages arising from such injuries. The Division of Rehabilitation Services shall also, within one day after the filing of such claim or lien, mail a copy thereof to any person, firm, or corporation so claimed to be liable for such damages to the addresses as given in such statement. The filing of such claim or lien shall be notice thereof to all persons, firms, or corporations liable for such damages, whether or not they are named in such claim or lien. The clerk of the court shall en dorse thereon the date and hour of filing in the hospital lien book, along with the name of the claimant, the injured person, the amount claimed, and the names and ad dresses of those claimed to be liable for damages. Such information shall be recorded in the name of the injured individual. The clerk shall be paid $1.00 as his fee for such filing. No release for such cause or causes of action or any judgment thereon, or any covenant not to sue thereon, shall be valid or effectual as against such lien unless the holder thereof shall join therein or execute a release of such lien; and the claimant of such lien may enforce the lien by an action against the person, firm, or corporation li able for such damages.

34-15-16.
The division is authorized to retain title to any property, tools, instruments, training supplies, equipment, or other items of value acquired for use of persons with disabili ties and to repossess and transfer them for the use of other persons with disabilities. The Commissioner is authorized to offer for sale any items acquired in the operation of the program under this chapter when they are no longer necessary or to exchange them for necessary items which may be used to greater advantage. When any such surplus equipment is sold or exchanged, a receipt for it shall be taken from the pur chaser showing the consideration given for such equipment and shall be forwarded to the Office of Treasury and Fiscal Services; and any funds received by the division pur suant to any such transactions shall be deposited in the state treasury in the appro priate federal or state rehabilitation account and shall be available for expenditures for any purposes consistent with this chapter.

34-15-17.
It shall be unlawful, except for purposes directly connected with the administration of the vocational rehabilitation program and in accordance with regulations, policies, and procedures, for any person or persons to solicit, disclose, receive, or make use of or au thorize, knowingly permit, participate in, or acquiesce in the use of any list of, or names of, or any information concerning persons applying for or receiving vocational rehabilitation, directly or indirectly derived from the records. Any person who violates any provision of this Code section shall be guilty of a misdemeanor.

34-15-18.
Employees of the department engaged in functions under this chapter shall be gov erned by the prohibitions in the rules and regulations of the State Personnel Board and the federal Office of Personnel Management from participation in political activity.

34-15-19.

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The General Assembly reserves the right to amend or repeal all or any part of this chapter at any time, and there shall be no vested private right of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by this chapter or by acts done pursuant thereto shall exist subject to the power of the legisla ture to amend or repeal this chapter at any time.

34-15-40.

ARTICLE 2

As used in this article, the term:

(1) 'State property" means any building, land, or other real property owned, leased, or occupied by any department, commission, board, bureau, agency, public corpora tion, or other instrumentality of the state, including, but not limited to, the Georgia Building Authority, and any other real property in which the state has a legal or beneficial interest; provided, however, the term 'state property' shall not include any property, real or personal, owned or leased or otherwise under the jurisdiction of the Board of Regents of the University System of Georgia, the Georgia Education Au thority (University), or any county or independent school system of this state.

(2) "Vending facility' means vending stands, vending machines, snack bars, cart ser vice, shelters, counters, and such other appropriate facilities and equipment as may be necessary for the sale of articles or services by licensed blind persons or other persons with disabilities, as prescribed by rules and regulations adopted by the department.
34-15-41.

To effectuate the purposes of this article, it is declared to be public policy of the state that on any state property where the Commissioner of Labor determines it to be feasi ble to establish a vending facility to be operated by a licensed operator as provided in this article and where the agency or department or custodian of such property deter mines that such facility can be established without undue inconvenience to the opera tion being carried on in such state building or property, the preference accorded in this article shall require that such vending facility site not be deemed available for let ting to competitive bidders for revenue-producing purposes unless the Commissioner declines to establish on such site a vending facility for blind persons or other persons with disabilities. The income to the agency controlling the space for such facility sites shall generally not be expected to exceed reimbursement for the cost of providing such facility site space and the services connected therewith; but in any case where such in come exceeds those purposes, it shall be paid into the state treasury, subject to certifi cation and audit.
34-15-42.

For the purpose of providing blind persons or other persons with disabilities with re munerative employment, enlarging their economic opportunities, and stimulating them to greater effort in striving to make themselves self-supporting, such blind per sons or other persons with disabilities who are licensed by the Division of Rehabilita tion Services of the Department of Labor shall be authorized to operate vending facili ties on any state property where such vending facilities may be properly and satisfactorily operated by blind persons or other persons with disabilities. In authoriz ing the operation of vending facilities on state property, preference shall be given, so far as feasible, to blind persons or other persons with disabilities licensed by the Divi sion of Rehabilitation Services of the Department of Labor as provided in this article; and the head of each department or agency in control of the maintenance, operation, and protection of state property shall, after consultation with the Commissioner and with the approval of the Governor, prescribe regulations designed to assure such pref-

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erence (including assignment of vending machine income to achieve and protect such preference) for such licensed blind persons or other persons with disabilities without unduly inconveniencing such departments and agencies or adversely affecting the in terests of the state."
SECTION 2. The Official Code of Georgia Annotated is amended by striking from the following Code sections the term "Division of Rehabilitation Services" wherever the same shall occur and inserting in its place the term "Division of Rehabilitation Services of the Depart ment of Labor":
(1) Code Section 15-11-37, relating to designated felony acts; (2) Code Section 45-18-5.2, relating to sheltered employment center employees; and (3) Code Section 49-4A-9, relating to sentence of youthful offenders.
SECTION 3. The Official Code of Georgia Annotated is amended by striking from the following Code sections the term "Division of Rehabilitation Services of the Department of Human Re sources" wherever the same shall occur and inserting in its place the term "Division of Rehabilitation Services of the Department of Labor":
(1) Code Section 15-21-143, relating to membership of the Brain and Spinal Injury Trust Fund Authority; (2) Code Section 30-6-4, relating to the establishment of certain personal assistance programs; (2.1) Code Section 30-6-5, relating to standards of certain personal assistance programs; (3) Code Section 31-15-3, relating to members of the Cancer Advisory Committee; (4) Code Section 31-16-3, relating to members of the Kidney Disease Advisory Com mittee; and (5) Code Section 31-18-4, relating to records of reports of spinal cord disabled or head-injured persons.
SECTION 4. Code Section 30-1-4 of the Official Code of Georgia Annotated, relating to the Council on the Deaf, is amended by striking paragraphs (1) and (3) of subsection (a) thereof and in serting in their respective places the following:
"(1) Four Three members shall be appointed from the Department of Human Re sources in the following manner:
(A) One member from the Division of Mental Health, Mental Retardation, and Substance Abuse; (B) One member from the Division of Physical Health; and (C) One member from the Division of Family and Children Services; aad (D) One member from the Division of Rehabilitation Services;"
"(3) One member Two members shall be appointed from the Department of Labor, one of whom shall be from the Division of Rehabilitation Services;".
SECTION 5. Code Section 49-5-225 of the Official Code of Georgia Annotated, relating to local interagency committee membership, is amended by striking paragraph (6) of subsection (a) and inserting in its place the following:

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"(6) The Rehabilitation Services Division of the Department of Human Resources Division of Rehabilitation Services of the Department of Labor."
SECTION 6.
Code Section 32-2-4.1 of the Official Code of Georgia Annotated, relating to Gateway Center, is amended by striking subsection (e) thereof and inserting in its place the following:
"(e) Gateway Center may be a "welcome center, tourist center, and safety rest area' for purposes of Code Section 49 0 43 34-15-42, and the preference given by Code Sections 49 041 34-15-41 and 40 0-42 34-15-42 shall set apply to or and affect Gateway Center."
SECTION 7.
Code Section 45-18-5.1 of the Official Code of Georgia Annotated, relating to health in surance for blind vendors, is amended by striking that Code section in its entirety and inserting in its place the following:
"45-18-5.1.
The board is authorized to contract with the Georgia Cooperative Services for the Blind, Inc., a nominee agent designated by the Division of Rehabilitation Services of the Department of Human Resources Labor, for the inclusion of licensed blind persons or otherwise seriously disabled vcndora other persons with disabilities operating a vending facility in accordance with Article 3 of Chapter 9 15 of Title 49 34 within any health insurance plan or plans established under this article. In the event any con tract is entered into, it shall be the duty of the Georgia Cooperative Services for the Blind, Inc., to deduct the payment required under the plan from the earnings or other compensation of licensed blind persons or othcrwiao acrioualy diaablcd vendors other persons with disabilities and remit it to the board for inclusion in the health insur ance fund. In addition, it shall be the duty of the Georgia Cooperative Services for the Blind, Inc., to make the employer contributions required for the operation of such plan or plans."
SECTION 8.
Code Section 49-4-185 of the Official Code of Georgia Annotated, relating to sanctions against TANF recipients, is amended by striking paragraph (3) of subsection (b) thereof and inserting in its place the following:
"(3) Except for violations of subsection (a) of Code Section 40 0 184 49-4-184 which result in the recipient no longer being eligible for assistance, violates any other term or condition specified in the federal Social Security Act, as amended, the state plan, or the rules and regulations of the board."
SECTION 9.
Code Section 50-16-4 of the Official Code of Georgia Annotated, relating to use of the capitol building, is amended by striking that Code section in its entirety and inserting in its place the following:
"50-16-4.
The use of the capitol building and grounds shall be limited to departments of the state government and to state and national political organizations, and the keeper of public buildings and grounds shall not grant the use of either the capitol buildings or grounds for any other purposes, except that the Georgia Building Authority as keeper

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of public buildings and grounds is authorized to provide space in the capitol building for use as a vending stand, as described by Article 3 of Chapter 9 15 of Title 49 34, for the use of state officials and employees and their invited guests."
SECTION 9.1.
Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the creation of the Department of Human Resources, is amended by adding after Code Section 49-2-1, a new Code section to read as follows:
"49-2-1.1.

The commissioner is designated as the administrator of a program provided under Section 221 of the federal Social Security Act, relating to disability determination. The commissioner shall receive, notwithstanding any other provision of law and in addition to his or her regular compensation, such compensation and allowance as may be aug mented from grants by the appropriate federal agency in such amount as is deter mined by the federal agency to be commensurate with the duties imposed by Section 221 of the federal Social Security Act.

SECTION 10.
Code Section 49-2-3 of the Official Code of Georgia Annotated, regarding certain func tions transferred to the Board of Human Resources, is amended by striking subsection (a) thereof and inserting in its place a new subsection to read as follows:
"(a) The policy malting functions of the State Board of Education and its executive of ficer pertaining to the Division of Rehabilitation Services, contained in Ga. L. 1061, p. 616, as amended, arc vcatcd in the Board of Human Rcaourcco Reserved."
SECTION 11.
Code Section 49-2-7 of the Official Code of Georgia Annotated, relating to certain func tions transferred to the Department of Human Resources, is amended by striking sub section (d) thereof and inserting in its place a new subsection to read as follows:
"(d) The functions), dutico, and authority of the Division of Rehabilitation Services, co tablishcd in the State Board of Education by Ga. L. 1061, p. 616, as amended, arc vcotcd in the Department of Human Resources Reserved."
SECTION 12.
Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by striking Chapter 9 thereof, relating to vocational rehabilitation services, and in serting in its place the following:
"CHAPTER 9 RESERVED."
SECTION 13.
This Act shall become effective on July 1, 1999.
SECTION 14.
All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representatives Coleman of the 142nd and Smith of the 109th, was read and adopted:

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A BILL

To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and indus trial relations, so as to transfer the Division of Rehabilitation Services, with certain ex ceptions, from the Department of Human Resources to the Department of Labor; to pro vide for definitions; to provide for the transfer of property; to provide for the transfer of officers, employees, agents, and other personnel and for rights and benefits relating thereto; to provide for powers, duties, and functions of the Division of Rehabilitation Services; to provide for rules and regulations, policies, and orders and for rights and du ties under certain agreements; to provide for duties, powers, and functions of the Com missioner of Labor and the Department of Labor; to provide for the director of the Divi sion of Rehabilitation Services and the duties, functions, and compensation thereof; to provide for funding, agreements, budgeting, and appropriations; to provide for gifts; to provide for rehabilitation services and financial assistance; to provide for hearings and administrative procedure; to provide for rights and for subrogation and liens; to provide for property and its disposition; to prohibit certain conduct and provide for penalties; to provide for amendments and repeal and rights relating thereto; to provide for vending facilities for certain persons with disabilities; to amend Chapter 2 of Title 49 of the Offi cial Code of Georgia Annotated, relating to the Department of Human Resources, so as to provide that the commissioner of that department will be the administrator of a cer tain program and provide for compensation and allowances therefor; to specifically re peal certain laws and change and correct cross-references to certain laws and to the Di vision of Rehabilitation Services; to substitute "persons with disabilities" for certain terms; 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 34 of the Official Code of Georgia Annotated, relating to labor and industrial rela tions, is amended by adding at the end a new chapter to read as follows:

34-15-1.

"CHAPTER 15 ARTICLE 1

As used in this chapter, the term or terms:
(1) 'Blind person' means a person who has: (A) Not more than 20/200 central visual acuity in the better eye after correction; or (B) An equally disabling loss of the visual field.
(2) 'Commissioner' means the Commissioner of Labor.
(3) 'Department' means the Department of Labor.
(4) 'Director' means the official of the division who is charged with the administra tion of its functions under this chapter.
(5) 'Disability to employment' means a physical or mental condition which consti tutes, contributes to, or, if not corrected, will probably result in an impairment of oc cupational performance.
(6) 'Division' means the Division of Rehabilitation Services of the Department of Labor.

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(7) 'Occupational license' means any license, permit, or other written authority re quired by any governmental unit to be obtained in order to engage in an occupation.
(8) 'Person with disabilities' means an individual having a physical or mental im pairment that substantially limits one or more of the major life activities;
(9) 'Prosthetic appliance' means any artificial device necessary to support or take the place of a part of the body or to increase the acuity of a sense organ.
(10) 'Regulations' means regulations made by the Commissioner and promulgated in the manner prescribed by law.
(11) 'Rehabilitation center' means a facility operated for the purpose of assisting in the rehabilitation of persons with disabilities which provides one or more of the fol lowing types of services:
(A) Testing, fitting, or training in the use of prosthetic devices;
(B) Prevocational or conditioning therapy;
(C) Physical, corrective, or occupational therapy; or
(D) Adjustment training or evaluation or control of special disabilities; or a facil ity in which a coordinated approach is made to the physical, mental, and voca tional evaluation of persons with disabilities and an integrated program of physi cal restoration and prevocational training is provided under competent professional supervision and direction.
(12) 'Rehabilitation training' means all necessary training provided to a person with disabilities to compensate for his or her disability to employment, including, but not limited to, manual preconditioning, prevocational, vocational, and supplementary training and training provided for the purpose of developing occupational skills and capacities.
(13) "Vocational rehabilitation' and 'vocational rehabilitation services' mean any ser vice, provided directly or through public or private instrumentalities, found by the director to be necessary to compensate a person with disabilities for his or her disa bility to employment and to enable such individual to engage in a remunerative occupation.
(14) 'Workshop' means a place where any manufacture or handwork is carried on and which is operated for the primary purpose of providing rehabilitative activities, including the use of monetary rewards as an incentive practice for persons with dis abilities unable to engage in the competitive labor market. Persons receiving ser vices in workshops shall not be considered as employees of the state for workers' compensation, retirement, or any other purposes. 34-15-2.
(a) The Division of Rehabilitation Services within the Department of Human Re sources, except for that part of the division performing disability adjudication services under subsection (b) of Code Section 49-9-2, is transferred to the Department of Labor and shall become the Division of Rehabilitation Services of the Department of Labor. The functions, duties, and authority of the Division of Rehabilitation Services which were vested in the Department of Human Resources on June 30, 2000, except for those performed by that part of the division performing disability adjudication services under subsection (b) of Code Section 49-9-2, are vested in the Department of Labor ef-

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fective July 1, 2000. The division shall be administered by a director appointed by the Commissioner. The policy-making functions of the Department of Human Resources pertaining to the Division of Rehabilitation Services are vested in the Commissioner.
(b) The Department of Labor shall, from the effective date of this chapter, assume possession and control of all records, papers, equipment, supplies, office space, and all other tangible property possessed and controlled by the Department of Human Re sources as of June 30, 2000, in its administration of those functions of the Division of Rehabilitation Services vested in the Department of Labor on July 1, 2000, by this chapter.
(c) All officers, employees, and agents of the Division of Rehabilitation Services who, on June 30, 2000, are engaged in the performance of a function or duty which shall be vested in the Division of Rehabilitation Services of the Department of Labor on July 1, 2000, by this chapter, shall be automatically transferred to the Department of Labor on July 1, 2000. Such persons shall be subject to the employment practices and poli cies of the Department of Labor on and after July 1, 2000, but consistent with the compensation and benefits of other employees of that department holding positions substantially the same as the transferred employees, the compensation and benefits of such transferred employees shall not be reduced. Employees who are subject to the State Merit System of Personnel Administration and who are transferred to the Divi sion of Rehabilitation Services of the Department of Labor shall retain all existing rights under the State Merit System of Personnel Administration. Retirement rights of such transferred employees existing under the Employees' Retirement System of Geor gia or other public retirement systems on June 30, 2000, shall not be impaired or in terrupted by the transfer of such employees, and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 2000. Accrued annual and sick leave possessed by said employees on June 30, 2000, shall be retained by said employees as employees of the Department of Labor.
(d)(l) The Division of Rehabilitation Services of the Department of Labor is the des ignated state unit for the vocational rehabilitation program.
(2) The Division of Rehabilitation Services of the Department of Labor shall conform to federal standards in all respects necessary for receiving federal grants and the Commissioner of the Department of Labor is authorized and empowered to effect such changes as may, from time to time, be necessary in order to comply with such standards.
(3) The Division of Rehabilitation Services of the Department of Labor is authorized to employ, on a full or part-time basis, such medical, psychiatric, social work, super visory, institutional, and other professional personnel and such clerical and other employees as may be necessary to discharge the duties of the division under this chapter. The division is also authorized to contract for such professional services as may be necessary.
(4) Classified employees of the Division of Rehabilitation Services of the Department of Labor under this chapter shall in all instances be employed and dismissed in ac cordance with rules and regulations of the State Merit System of Personnel Administration.
(5) All personnel of the Division of Rehabilitation Services of the Department of La bor are authorized to be members of the Employees' Retirement System of Georgia as provided in Chapter 2 of Title 47. All rights, credits, and funds in that retirement system which are possessed by state personnel transferred by provisions of this chapter to the Department of Labor, or otherwise had by persons at the time of em-

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ployment with that department, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the Division of Rehabilitation Services of the Department of Labor.
(e) The Department of Labor shall succeed to all rules, regulations, policies, proce dures, and administrative orders of the Department of Human Resources which are in effect on June 30, 2000, and which relate to the functions of the Division of Rehabili tation Services transferred to the Department of Labor by this chapter. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by proper authority or as otherwise pro vided by law.
(f) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 2000, by the Depart ment of Human Resources and which pertain to the functions transferred to the De partment of Labor by this chapter shall continue to exist; and none of these rights, privileges, entitlements, and duties are impaired or diminished by reason of the trans fer of the functions to the Department of Labor. In all such instances, the Department of Labor shall be substituted for the Department of Human Resources, and the De partment of Labor shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions.
34-15-3.

In carrying out his or her duties under this chapter, the director:

(1) Shall, with the approval of the Commissioner, prepare such regulations for pro mulgation by the Commissioner as he or she finds necessary to carry out the pur poses of this chapter;
(2) Shall, with the approval of the Commissioner, prepare such policies and proce dures as he or she finds necessary for the purposes of this chapter and establish ap propriate subordinate administrative units within the division;
(3) Shall recommend to the Commissioner for appointment such personnel as he or she deems necessary for the efficient performance of the functions of the division;
(4) Shall prepare and submit to the Commissioner annual reports of activities and expenditures and, prior to each regular session of the General Assembly, estimates of sums required for carrying out this chapter and estimates of the amounts to be made available for this purpose from all sources;
(5) Shall make certification for disbursement, in accordance with regulations, of funds available for carrying out the purposes of this chapter; and
(6) May, with the approval of the Commissioner, delegate to any officer or employee of the division such of his or her powers and duties, except the making of regula tions and the appointment of personnel, as he or she finds necessary to carry out the purposes of this chapter. 34-15-4.

The department, through the division, shall provide the services authorized by this chapter to persons with disabilities determined to be eligible therefor; and, in carrying out the purposes of this chapter, the division is authorized, among other things:

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(1) To cooperate with other departments, agencies, and institutions, both public and private, in providing the services authorized by this chapter to persons with disabili ties; in studying the problems involved therein; and in establishing, developing, and providing, in conformity with the purposes of this chapter, such programs, facilities, and services as may be necessary or desirable;
(2) To enter into reciprocal agreements with other states to provide for the services authorized by this chapter to residents of the state concerned;
(3) To conduct research and compile statistics relating to the provision of services or the need of services by persons with disabilities;
(4) To license blind persons or other persons with disabilities to operate vending fa cilities under its supervision and control, subject to the terms and conditions pro vided in regulations, policies, and procedures issued pursuant to paragraphs (1) and (2) of Code Section 34-15-3, on:
(A) State property;
(B) County or municipal property;
(C) Federal property, pursuant to delegation of authority under the Randolph-Sheppard Act (20 U.S. Code, Section 107b) (49 Stat. 1559) and any amend ment thereto or any act of Congress relating to this subject; and
(D) Private property; and
(5) To provide for the establishment, supervision, and control of suitable business enterprises to be operated by persons with disabilities. 34-15-5.

The Division of Rehabilitation Services is authorized to utilize funds made available from appropriations by Congress, by gifts or grants from private sources, by appropri ations of the General Assembly, or by transfer of funds from other state departments for the purpose of establishing and operating rehabilitation centers and workshops.
34-15-6.

The department, through the division, is empowered and directed to cooperate, pursu ant to agreements with the federal government, in carrying out the purposes of any federal statutes pertaining to the purposes of this chapter. The department is author ized to adopt such methods of administration as are found by the federal government to be necessary for the proper and efficient operation of such agreements and to com ply with such conditions as may be necessary to secure the full benefits of such federal statutes and appropriations, to administer any legislation pursuant thereto enacted by this state, to direct the disbursement and administer the use of all funds provided by the federal government or this state for the purposes of this chapter, and to do all things necessary to ensure the vocational rehabilitation of persons with disabilities.
34-15-7.

The Office of Treasury and Fiscal Services is designated as custodian of all moneys re ceived from the federal government for the purpose of carrying out any federal stat utes pertaining to the purpose of this chapter. The Office of Treasury and Fiscal Ser vices shall make disbursements from such funds and all state funds available for such purposes, upon certification in the manner provided in paragraph (5) of Code Section 34-15-3.
34-15-8.

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1067

Budget estimates of the amount of appropriations needed each fiscal year for voca tional rehabilitation services and for the administration of the programs under this chapter shall be submitted by the director to the Commissioner and, upon approval by the Commissioner, shall be included in the estimates made by the Commissioner to the Office of Planning and Budget. In the event federal funds are available to the state for vocational rehabilitation purposes, the Division of Rehabilitation Services is authorized to comply with such requirements as may be necessary to obtain said fed eral funds in the maximum amount and most advantageous proportion possible inso far as this may be done without violating other provisions of the state law and Consti tution. In the event Congress fails in any year to appropriate funds for grants-in-aid to the state for vocational rehabilitation purposes, the Commissioner shall include as a part of his or her budget a request for adequate state funds for vocational rehabilita tion purposes.
34-15-9.

The director is authorized and empowered, with the approval of the Commissioner, to accept and use gifts made unconditionally, by will or otherwise, for carrying out the purposes of this chapter. Gifts made under such conditions as are proper and consis tent with this chapter may be so accepted and shall be held, invested, reinvested, and used in accordance with the conditions of the gift. 34-15-10.
(a) Vocational rehabilitation services shall be provided to any qualified individual who is a bona fide resident of the state.
(b) The financial need of eligible persons with disabilities will be considered in the provision of vocational rehabilitation services to the extent allowed by federal or other state law. 34-15-11.
The Division of Rehabilitation Services of the Department of Labor is the designated state unit for the independent living program. The independent living program is au thorized to provide or contract for the provision of such services as may be needed to enable persons with disabilities to attain the maximum degree of independent living. The powers delegated and authorized in this Code section for the division shall be in addition to those previously authorized by any other law. The department is author ized to cooperate with any federal agency in the administration of such a program. 34-15-12.
Any individual applying for or receiving vocational rehabilitation services who is ag grieved by any action or inaction of the division shall be entitled, in accordance with regulations, to a hearing in accordance with Chapter 13 of Title 50, the 'Georgia Ad ministrative Procedure Act' and in accordance with applicable federal laws and regulations.
34-15-13.
Any rights of persons with disabilities to maintenance under this chapter shall not be transferable or assignable at law or in equity and shall be exempt from the claims of creditors. 34-15-14.
Where a person with disabilities who receives vocational rehabilitation services is cov ered by a hospitalization or medical insurance policy, the Division of Rehabilitation Services shall be subrogated to the rights of such person with disabilities to recover in an amount not to exceed the cost of vocational rehabilitation services rendered by the

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Division of Rehabilitation Services, exclusive of those services for which eligibility is not predicated on the need for financial assistance. Where the person with disabilities receives vocational rehabilitation services without disclosing that he or she is covered by a hospitalization or medical insurance policy, he or she shall be liable therefor to the Division of Rehabilitation Services in an amount not to exceed the cost of rehabili tation services rendered, exclusive of those services for which eligibility is not predi cated on the need for financial assistance, or in an amount not to exceed the insurance reimbursement received, whichever is the lesser.
34-15-15.

Where a person with disabilities who receives vocational rehabilitation services is enti tled to recover damages for said injuries, the Division of Rehabilitation Services shall have a lien, in an amount not to exceed the cost of rehabilitation services rendered, upon any and all causes of action accruing to the individual to whom such services were furnished, or to the legal representative of such individual, on account of injuries giving rise to such cause of action and which necessitated such rehabilitation services, subject, however, to any attorney's lien. In order to perfect such lien, the Division of Rehabilitation Services shall file in the office of the clerk of the superior court of the county wherein the individual resides, a verified statement setting forth the name and address of such individual; the name and address of the Division of Rehabilitation Services; the amount claimed to be due for such vocational rehabilitation services; and, to the best of claimant's knowledge, the names and addresses of all persons, firms, or corporations claimed by such injured individual, or the legal representative of such individual, to be liable for damages arising from such injuries. The Division of Rehabilitation Services shall also, within one day after the filing of such claim or lien, mail a copy thereof to any person, firm, or corporation so claimed to be liable for such damages to the addresses as given in such statement. The filing of such claim or lien shall be notice thereof to all persons, firms, or corporations liable for such damages, whether or not they are named in such claim or lien. The clerk of the court shall en dorse thereon the date and hour of filing in the hospital lien book, along with the name of the claimant, the injured person, the amount claimed, and the names and ad dresses of those claimed to be liable for damages. Such information shall be recorded in the name of the injured individual. The clerk shall be paid $1.00 as his fee for such filing. No release for such cause or causes of action or any judgment thereon, or any covenant not to sue thereon, shall be valid or effectual as against such lien unless the holder thereof shall join therein or execute a release of such lien; and the claimant of such lien may enforce the lien by an action against the person, firm, or corporation li able for such damages.
34-15-16.

The division is authorized to retain title to any property, tools, instruments, training supplies, equipment, or other items of value acquired for use of persons with disabili ties and to repossess and transfer them for the use of other persons with disabilities. The Commissioner is authorized to offer for sale any items acquired in the operation of the program under this chapter when they are no longer necessary or to exchange them for necessary items which may be used to greater advantage. When any such surplus equipment is sold or exchanged, a receipt for it shall be taken from the pur chaser showing the consideration given for such equipment and shall be forwarded to the Office of Treasury and Fiscal Services; and any funds received by the division pur suant to any such transactions shall be deposited in the state treasury in the appro priate federal or state rehabilitation account and shall be available for expenditures for any purposes consistent with this chapter.
34-15-17.

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1069

It shall be unlawful, except for purposes directly connected with the administration of the vocational rehabilitation program and in accordance with regulations, policies, and procedures, for any person or persons to solicit, disclose, receive, or make use of or au thorize, knowingly permit, participate in, or acquiesce in the use of any list of, or names of, or any information concerning persons applying for or receiving vocational rehabilitation, directly or indirectly derived from the records. Any person who violates any provision of this Code section shall be guilty of a misdemeanor.
34-15-18.

Employees of the department engaged in functions under this chapter shall be gov erned by the prohibitions in the rules and regulations of the State Personnel Board and the federal Office of Personnel Management from participation in political activity.
34-15-19.

The General Assembly reserves the right to amend or repeal all or any part of this chapter at any time, and there shall be no vested private right of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by this chapter or by acts done pursuant thereto shall exist subject to the power of the legisla ture to amend or repeal this chapter at any time.

34-15-40.

ARTICLE 2

As used in this article, the term:

(1) 'State property' means any building, land, or other real property owned, leased, or occupied by any department, commission, board, bureau, agency, public corpora tion, or other instrumentality of the state, including, but not limited to, the Georgia Building Authority, and any other real property in which the state has a legal or beneficial interest; provided, however, the term 'state property" shall not include any property, real or personal, owned or leased or otherwise under the jurisdiction of the Board of Regents of the University System of Georgia, the Georgia Education Au thority (University), or any county or independent school system of this state.

(2) "Vending facility" means vending stands, vending machines, snack bars, cart ser vice, shelters, counters, and such other appropriate facilities and equipment as may be necessary for the sale of articles or services by licensed blind persons or other persons with disabilities, as prescribed by rules and regulations adopted by the department.
34-15-41.

To effectuate the purposes of this article, it is declared to be public policy of the state that on any state property where the Commissioner of Labor determines it to be feasi ble to establish a vending facility to be operated by a licensed operator as provided in this article and where the agency or department or custodian of such property deter mines that such facility can be established without undue inconvenience to the opera tion being carried on in such state building or property, the preference accorded in this article shall require that such vending facility site not be deemed available for let ting to competitive bidders for revenue-producing purposes unless the Commissioner declines to establish on such site a vending facility for blind persons or other persons with disabilities. The income to the agency controlling the space for such facility sites shall generally not be expected to exceed reimbursement for the cost of providing such facility site space and the services connected therewith; but in any case where such in come exceeds those purposes, it shall be paid into the state treasury, subject to certifi cation and audit.

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34-15-42.
For the purpose of providing blind persons or other persons with disabilities with re munerative employment, enlarging their economic opportunities, and stimulating them to greater effort in striving to make themselves self-supporting, such blind per sons or other persons with disabilities who are licensed by the Division of Rehabilita tion Services of the Department of Labor shall be authorized to operate vending facili ties on any state property where such vending facilities may be properly and satisfactorily operated by blind persons or other persons with disabilities. In authoriz ing the operation of vending facilities on state property, preference shall be given, so far as feasible, to blind persons or other persons with disabilities licensed by the Divi sion of Rehabilitation Services of the Department of Labor as provided in this article; and the head of each department or agency in control of the maintenance, operation, and protection of state property shall, after consultation with the Commissioner and with the approval of the Governor, prescribe regulations designed to assure such pref erence (including assignment of vending machine income to achieve and protect such preference) for such licensed blind persons or other persons with disabilities without unduly inconveniencing such departments and agencies or adversely affecting the in terests of the state."
SECTION 2.
The Official Code of Georgia Annotated is amended by striking from the following Code sections the term "Division of Rehabilitation Services" wherever the same shall occur and inserting in its place the term "Division of Rehabilitation Services of the Depart ment of Labor":
(1) Code Section 15-11-37, relating to designated felony acts;
(2) Code Section 45-18-5.2, relating to sheltered employment center employees; and
(3) Code Section 49-4A-9, relating to sentence of youthful offenders.
SECTION 3.
The Official Code of Georgia Annotated is amended by striking from the following Code sections the term "Division of Rehabilitation Services of the Department of Human Re sources" wherever the same shall occur and inserting in its place the term "Division of Rehabilitation Services of the Department of Labor":
(1) Code Section 15-21-143, relating to membership of the Brain and Spinal Injury Trust Fund Authority;
(2) Code Section 30-6-4, relating to the establishment of certain personal assistance programs;
(2.1) Code Section 30-6-5, relating to standards of certain personal assistance programs;
(3) Code Section 31-15-3, relating to members of the Cancer Advisory Committee;
(4) Code Section 31-16-3, relating to members of the Kidney Disease Advisory Com mittee; and
(5) Code Section 31-18-4, relating to records of reports of spinal cord disabled or head-injured persons.
SECTION 4.
Code Section 30-1-4 of the Official Code of Georgia Annotated, relating to the Council on the Deaf, is amended by striking paragraphs (1) and (3) of subsection (a) thereof and in serting in their respective places the following:
"(1) Four Three members shall be appointed from the Department of Human Re sources in the following manner:

TUESDAY, MARCH 2, 1999

1071

(A) One member from the Division of Mental Health, Mental Retardation, and Substance Abuse;
(B) One member from the Division of Physical Health; and
(C) One member from the Division of Family and Children Services; aed
(D) One member from the Division of Rehabilitation Services;"
"(3) One member Two members shall be appointed from the Department of Labor, one of whom shall be from the Division of Rehabilitation Services;".
SECTION 5.
Code Section 49-5-225 of the Official Code of Georgia Annotated, relating to local interagency committee membership, is amended by striking paragraph (6) of subsection (a) and inserting in its place the following:
"(6) The Rehabilitation Services Diviaion of the Department of Human Resources Division of Rehabilitation Services of the Department of Labor."
SECTION 6.
Code Section 32-2-4.1 of the Official Code of Georgia Annotated, relating to Gateway Center, is amended by striking subsection (e) thereof and inserting in its place the following:
"(e) Gateway Center may be a 'welcome center, tourist center, and safety rest area' for purposes of Code Section 40-9-42 34-15-42, and the preference given by Code Sections 49-9-41 34-15-41 and 49-0 42 34-15-42 shall set apply to er and affect Gateway Center."
SECTION 7.
Code Section 45-18-5.1 of the Official Code of Georgia Annotated, relating to health in surance for blind vendors, is amended by striking that Code section in its entirety and inserting in its place the following:
"45-18-5.1.

The board Department of Labor is authorized to contract with the Georgia Cooperative Services for the Blind, Inc., a nominee agent designated by the Division of Rehabilita tion Services of the Department of Human Resources Labor, for the inclusion of li censed blind persons or otherwise seriously disabled vendors other persons with disa bilities operating a vending facility in accordance with Article 3 of Chapter 9 15 of Title 49 34 within any health insurance plan or plans established under this article. In the event any contract is entered into, it shall be the duty of the Georgia Coopera tive Services for the Blind, Inc., to deduct the payment required under the plan from the earnings or other compensation of licensed blind persons or otherwise seriously disabled vendors other persons with disabilities and remit it to the board Department of Labor for inclusion in the health insurance fund. In addition, it shall be the duty of the Georgia Cooperative Services for the Blind, Inc., to make the employer contribu tions required for the operation of such plan or plans."
SECTION 8.
Code Section 49-4-185 of the Official Code of Georgia Annotated, relating to sanctions against TANF recipients, is amended by striking paragraph (3) of subsection (b) thereof and inserting in its place the following:

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"(3) Except for violations of subsection (a) of Code Section 40 0 184 49-4-184 which result in the recipient no longer being eligible for assistance, violates any other term or condition specified in the federal Social Security Act, as amended, the state plan, or the rules and regulations of the board."
SECTION 9.
Code Section 50-16-4 of the Official Code of Georgia Annotated, relating to use of the capitol building, is amended by striking that Code section in its entirety and inserting in its place the following:
"50-16-4.

The use of the capitol building and grounds shall be limited to departments of the state government and to state and national political organizations, and the keeper of public buildings and grounds shall not grant the use of either the capitol buildings or grounds for any other purposes, except that the Georgia Building Authority as keeper of public buildings and grounds is authorized to provide space in the capitol building for use as a vending stand, as described by Article 3 of Chapter 9 15 of Title 49 34, for the use of state officials and employees and their invited guests."
SECTION 9.1.
Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the creation of the Department of Human Resources, is amended by adding after Code Section 49-2-1, a new Code section to read as follows:
"49-2-1.1.

The commissioner is designated as the administrator of a program provided under Section 221 of the federal Social Security Act, relating to disability determination. The commissioner shall receive, notwithstanding any other provision of law and in addition to his or her regular compensation, such compensation and allowance as may be aug mented from grants by the appropriate federal agency in such amount as is deter mined by the federal agency to be commensurate with the duties imposed by Section 221 of the federal Social Security Act.

SECTION 10.
Code Section 49-2-3 of the Official Code of Georgia Annotated, regarding certain func tions transferred to the Board of Human Resources, is amended by striking subsection (a) thereof and inserting in its place a new subsection to read as follows:
"(a) The policy-making funetiona of the State Board of Education and its executive of ficer pertaining to the Division of Rehabilitation Services, contained in Gn. L. 1961, p. 616, aa amended, arc vested in the Board of Human Resources Reserved."
SECTION 11.
Code Section 49-2-7 of the Official Code of Georgia Annotated, relating to certain func tions transferred to the Department of Human Resources, is amended by striking sub section (d) thereof and inserting in its place a new subsection to read as follows:
"(d) The functions, duties, and authority of the Division of Rehabilitation Services, 03 tabliahcd in the State Board of Education by Ga. L. 1961, p. 616, as amended, arc vested in the Department of Human Rcaourcoo Reserved."

TUESDAY, MARCH 2, 1999

1073

SECTION 12.
Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by striking Chapter 9 thereof, relating to vocational rehabilitation services, and in serting in its place the following:

"CHAPTER 9 RESERVED."

SECTION 13.
This Act shall become effective for purposes of preparing for the transfer of the Division of Rehabilitation Services to the Department of Labor upon the approval of this Act by the Governor or upon its becoming law without such approval. This Act shall become ef fective for all other purposes on July 1, 2000.

SECTION 14. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substi tute, was agreed to, by substitute.

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Bent-field Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B
Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes
Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene
Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell
Y Heard Y Heckstall Y Hegstrom Y Hembree
Y Henson Y Holland Y Holmes
Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J
Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O"Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote
Y Pinholster Y Poag
Y Ponder Y Porter
Y Powell
Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese 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 Shipp Y Sholar Y Sims Y Sinkfield Y Skipper
Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West
Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 174, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute.

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The Speaker assumed the Chair.
By unanimous consent, the following Bill of the House was withdrawn from the Commit tee on Ways & Means and referred to the Committee on State Planning & Community Affairs:
HB 810. By Representative Walker of the 87th:
A bill to amend an Act to reincorporate the City of Monroe in the County of Walton, so as to define the terms gross revenue as used in the provisions re lating to franchises.

Representative Smyre of the 136th District, Chairman of the Committee on Rules, sub mitted 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 259 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 259. By Representatives Parsons of the 40th, Franklin of the 39th, Shipp of the
38th, Kaye of the 37th, Manning of the 32nd and others: A resolution commending the Lassiter High School Marching Trojan Band and inviting its members and directors to appear before the House of Representatives.
The following Resolution of the House was read and adopted: HR 426. By Representative Royal of the 164th:
A resolution expressing regret at the passing of Judge Janice Williams.
The following Resolution of the House was read and referred to the Committee on Rules: HR 427. By Representatives Smith of the 19th, Bridges of the 9th, Purcell of the
147th, Mosley of the 171st, Barnard of the 154th and others: A resolution commending the Georgia Emergency Management Agency, local emergency management agencies, and numerous other professionals and vol unteers for their heroic and selfless efforts during the 1998 tornado season and supporting their efforts for the 1999 tornado season and inviting repre sentatives from these organizations to appear before the House of Representatives.
Representative Coleman of the 142nd District, Chairman of the Committee on Appropri ations, submitted the following report:
Mr. Speaker:

TUESDAY, MARCH 2, 1999

1075

Your Committee on Appropriations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 755 Do Pass
Respectfully submitted, /s/ Coleman of the 142nd
Chairman

Representative Jamieson of the 22nd District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

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

HB 114 Do Pass, by Substitute HB 171 Do Pass, by Substitute

HB 343 Do Pass, by Substitute HB 686 Do Pass

Respectfully submitted, /s/ Jamieson of the 22nd
Chairman

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

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 566 Do Pass
Respectfully submitted, /s/ Lord of 121st
Chairman

Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 250 Do Pass HB 782 Do Pass, by Substitute SB 62 Do Pass, by Substitute
Respectfully submitted, /s/ Martin of the 47th
Chairman

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JOURNAL OF THE HOUSE

Representative Benefield of the 96th District, Chairman of the Committee on Transpor tation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation 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 57 Do Pass, by Substitute
Respectfully submitted, /s/ Benefield of the 96th
Chairman
Representative Buck of the 135th District, Chairman of the Committee on Ways & Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 518 Do Pass, by Substitute HB 523 Do Pass HB 752 Do Pass, by Substitute
Respectfully submitted, /s/ Buck of the 135th
Chairman
The Speaker announced the House in recess subject to the call of the Chair. The House 'vill convene at 10:00 o'clock the next legislative day.

WEDNESDAY, MARCH 3, 1999

1077

Representative Hall, Atlanta, Georgia Wednesday, March 3, 1999

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

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

Alien Anderson Ashe Bannister
Barnard
Barnes Benefield Birdsong
Bohannon
Borders Bridges Brooks Brown Buck Bulloch Bunn Burkhalter Byrd Callaway Campbell Cash Channell Childers Clark Coan Coleman, B Connell Cooper Cox

Crawford Cummings Davis, M Dean DeLoach, B DeLoach, G Dixon Dodson Dukes Ehrhart E Evans Everett Felton Floyd Franklin Golick Graves Greene
Grindley
Hammontree Banner Harbin Harrell Heard E Henson Holland Howard Hudgens Hudson, H

Hudson, N Hugley Irvin Jackson, B Jackson, L James Jenkins Jennings Joyce Kaye Lane Lewis Lord Mann
Manning
Martin, J Martin, J.L Massey McBee McCall Millar Mills Morris
Mosley
Mueller Cmeal Parham Parsons Pelote

Pinholster Poag E Ponder Powell Purcell Randall Ray Reaves Reece Reese Reichert Rice Richardson
Roberts
Rogers Royal Sanders Sauder Scarlett E Scheid Scott Shanahan Shaw
Shipp Sholar Skipper Smith, B Smith, C
Smith, C.W

Smith, L E Smith, L.R
Smith, P Snelling Snow Squires Stallings Stancil Stanley, P Stanley-Turner Stephens Stokes Stuckey Taylor Teper Tillman Tolbert Trense Twiggs Unterman Watson West Westmoreland Whitaker Wiles Williams, H Wix Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives McKinney of the 51st, Sinkfield of the 57th, Hegstrom of the 66th, Smith of the 102nd, Hembree of the 98th, Jamieson of the 22nd, Jones of the 71st, Buckner of the 95th, Maddox of the 72nd, Heckstall of the 55th, Turnquest of the 73rd, Orrock of the 56th, Dix of the 76th, Davis of the 132nd, Williams of the 83rd, Ragas of the 64th, Smith of the 169th, Bordeaux of the 151st, Parrish of the 144th, Day of the 153rd, Porter of the 143rd, Epps of the 131st, Lucas of the 124th, Walker of the 87th, Mobley of the 69th, Yates of the 106th, McClinton of the 68th, Bailey of the 93rd and Teague of the 58th.
They wish to be recorded as present.
Prayer was offered by the Reverend Garth A. Forster, Pastor, First Baptist Church, Barnesville, 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.

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JOURNAL OF THE HOUSE

The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees: HB 853. By Representatives Ehrhart of the 36th, Sauder of the 29th, Franklin of the
39th, Wiles of the 34th, Cooper of the 31st and others: A bill to amend Chapter 15 of Title 36 of the Official Code of Georgia Anno tated, relating to county law libraries, so as to change a certain population reference; to thereby update and specify the counties in which certain spe cial provisions shall apply to the collection and use of certain court costs.
Referred to the Committee on Judiciary.
HB 854. By Representatives Evans of the 28th, Mills of the 21st, Smith of the 169th, Byrd of the 170th, Bohannon of the 139th and others: A bill to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to prohibit a particular abor tion method.
Referred to the Committee on Judiciary.
HB 855. By Representatives Lane of the 146th, Hanner of the 159th, Parham of the 122nd, Coleman of the 142nd, Twiggs of the 8th and others: A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehi cles generally, so as to provide for special license plates to fund programs relating to the restoration of the bobwhite quail population in this state.
Referred to the Committee on Motor Vehicles.
HB 856. By Representatives Golick of the 30th, Wiles of the 34th, Wix of the 33rd, Sauder of the 29th, Shipp of the 38th and others: A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the chief judge, judges, and associate judges of the state court.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, MARCH 3, 1999

1079

HB 857. By Representatives Golick of the 30th, Wiles of the 34th, Wix of the 33rd, Sauder of the 29th, Shipp of the 38th and others: A bill to amend an Act creating the State Court of Cobb County, so as to provide for an additional judge of Division 1 of the State Court of Cobb County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 858. By Representatives Martin of the 145th and Lane of the 146th: A bill to amend Article 3 of Chapter 9 of Title 44 of the Official Code of Georgia Annotated, relating to private ways, so as to change the maximum width of an easement of necessity.
Referred to the Committee on Judiciary.
HB 859. By Representatives Bannister of the 77th, Lewis of the 14th, Jamieson of the 22nd, Smith of the 102nd, Coleman of the 142nd and others: A bill to amend Code Section 47-6-42 of the Official Code of Georgia Anno tated, relating to election as to coverage under the Georgia Legislative Re tirement System and related matters, so as to provide that members of the General Assembly shall have a one-time opportunity to elect membership in such retirement system.
Referred to the Committee on Retirement.
HB 860. By Representatives Manning of the 32nd, Sauder of the 29th, Shipp of the 38th, Golick of the 30th, Wiles of the 34th and others: A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 861. By Representative Poag of the 6th: A bill to amend an Act creating the office of commissioner of Murray County, which converted the government to a board of commissioners, so as to provide for the powers of the county manager; to provide for a sole com missioner form of government for Murray County contingent on the passage of a referendum.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 862. By Representatives Stallings of the 100th, West of the 101st, Rogers of the 20th, Shaw of the 176th, Sholar of the 179th and others: A bill to amend Chapter 1 of Title 50 of the Official Code of Georgia Anno tated, relating to general provisions relative to state government, so as to provide that certain telephones in certain state offices the first message to a caller shall either be from a live human being or include instructions for a caller to reach a human being immediately.
Referred to the Committee on State Planning & Community Affairs.
HB 863. By Representatives Byrd of the 170th, Mosley of the 171st, Harrell of the 62nd, Walker of the 87th, Tillman of the 173rd and others: A bill to amend Chapter 5 of Title 30 of the Official Code of Georgia Anno tated, the "Disabled Adults and Elder Persons Protection Act," so as to pro-

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vide for the protection of vulnerable adults and change the provisions relat ing to the short title, definitions, and penalties.
Referred to the Committee on Human Relations & Aging.

HB 865. By Representatives Mueller of the 152nd, Stephens of the 150th, Day of the 153rd, Pelote of the 149th and Bordeaux of the 151st:
A bill to amend Chapter 14 of Title 40 of the Official Code of Georgia Anno tated, relating to the use of radar speed detection devices, so as to change certain provisions relating to when a case may be made and conviction had with respect to the use of speed detection devices; to provide for the use of speed detection devices in historic districts.
Referred to the Committee on Motor Vehicles.

HB 866. By Representatives Shipp of the 38th, Golick of the 30th, Sauder of the 29th, Manning of the 32nd, Wix of the 33rd and others:
A bill to amend an Act changing the boundaries of the seven education dis tricts 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.

HB 867. By Representatives Shipp of the 38th, Grindley of the 35th, Golick of the 30th, Sauder of the 29th, Manning of the 32nd and others:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the provisions relating to the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 868. By Representatives Mueller of the 152nd, Day of the 153rd, Felton of the 43rd and Irvin of the 45th:
A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to the sale of alco holic beverages, so as to repeal certain provisions regarding legislative in tent; to authorize direct shipment of alcoholic beverages under certain circumstances.
Referred to the Committee on Regulated Beverages.

HB 869. By Representatives Dixon of the 168th and Smith of the 169th:
A bill to amend an Act creating the State Court of Ware County, so as to provide for the compensation of the solicitor-general and the judge of said court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 870. By Representatives Sims of the 167th, McCall of the 90th, Royal of the 164th, Hudson of the 156th, Byrd of the 170th and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to create the Georgia Agriculture Facilities Authority.
Referred to the Committee on Agriculture & Consumer Affairs.

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HB 871. By Representatives Williams of the 83rd and Unterman of the 84th:
A bill to amend an Act incorporating the Town of Snellville (later renamed the City of Snellville), so as to change provisions relating to the corporate boundaries; to provide for an official map and written description of the cor porate limits; to provide for resignation from one municipal office before qualifying for another municipal office; to provide for four-year terms for the mayor and councilmembers.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 872. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to create the Georgia Tobacco Community Development Board; to authorize the board to determine an equitable allocation of private trust funds among tobacco growers and tobacco quota owners.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 873. By Representatives Mobley of the 69th and McClinton of the 68th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to pro vide for identifying drive-out tags to be affixed to cars sold at retail by dealers.
Referred to the Committee on Motor Vehicles.
HB 874. By Representatives Stephens of the 150th, Day of the 153rd and Mueller of the 152nd:
A bill to provide for a homestead exemption from certain City of Garden City ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year imme diately preceding the taxable year in which that exemption is first granted to a resident of that city.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 875. By Representatives Stephens of the 150th, Day of the 153rd and Mueller of the 152nd:
A bill to provide for a homestead exemption from certain City of Pooler ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year immediately pre ceding the taxable year in which that exemption is first granted to a resi dent of that city.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 876. By Representatives Stephens of the 150th, Day of the 153rd and Mueller of the 152nd:
A bill to provide for a homestead exemption from certain City of Tybee Is land ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year imme diately preceding the taxable year in which that exemption is first granted to a resident of that city.
Referred to the Committee on State Planning & Community Affairs - Local.

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HB 877. By Representatives Stephens of the 150th, Day of the 153rd and Mueller of the 152nd: A bill to provide for a homestead exemption from certain City of Port Wentworth ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year im mediately preceding the taxable year in which that exemption is first granted to a resident of that city.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 878. By Representative McCall of the 90th: A bill to amend an Act creating and incorporating the Town of Rayle, so as to provide for staggered terms for the election of the mayor and councilmembers.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 879. By Representatives Dixon of the 168th and Smith of the 169th: A bill to amend an Act providing a new charter for the City of Waycross, so as to change provisions relating to the authority of the city commission of the City of Waycross to sell or convey city parks or public squares; to au thorize the city commission to sell or convey city parks located outside of the Waycross corporate limits without referendum approval.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 880. By Representatives Snow of the 2nd, Channell of the lllth, Ray of the 128th, Rogers of the 20th, Barnard of the 154th and others: A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as to change certain provisions relating to width of vehicles and loads; to change certain provisions relating to length of vehicles and loads; to change certain provisions relating to permits for excess weight and dimension.
Referred to the Committee on Transportation.
HR 428. By Representatives Parrish of the 144th, Coleman of the 142nd, Walker of the 141st, Smyre of the 136th, Skipper of the 137th and others: A resolution urging the Federal Deposit Insurance Corporation, the Federal Reserve Bank, the Office of the Comptroller General, and the Office of Thrift Supervision to withdraw the proposed "Know Your Customer" regula tions from consideration.
Referred to the Committee on Banks & Banking.
HR 429. By Representative Rogers of the 20th: A resolution designating the Korean War (1950-1953) Memorial Interchange.
Referred to the Committee on Transportation.
HR 430. By Representatives Reaves of the 178th, Floyd of the 138th, Purcell of the 147th, James of the 140th, Twiggs of the 8th and others: A resolution urging the adoption and maintenance of fair business practices in the poultry industry.
Referred to the Committee on Agriculture & Consumer Affairs.

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HR 431. By Representatives Pinholster of the 15th and Stancil of the 16th: A resolution designating the intersection of State Highway 515 and State Highway 108 as "Tara and Megan Bishop Intersection".
Referred to the Committee on Transportation.

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

HB 824 HB 825 HB 826 HB 827 HB 828 HB 829 HB 830 HB 831 HB 832 HB 833 HB 834 HB 835 HB 836 HB 837 HB 838 HB 839 HB 840 HB 841 HB 842 HB 843 HB 846

HB 848 HB 849 HB 850 HB 851 HB 852 HB 864 HR 414 HR 415 HR 416 HR 417 HR 424 HR 425 SB 74 SB 96 SB 100 SB 112 SB 140 SB 145 SB 204 SR 108 SR 109

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

Mr. Speaker:

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

HB 374 Do Pass, as Amended HB 788 Do Pass, by Substitute

HB 809 Do Pass, as Amended HB 818 Do Pass, as Amended

Respectfully submitted, /s/ Lord of 121st
Chairman

Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:

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

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HB 534 Do Pass, by Substitute HB 682 Do Pass, by Substitute HB 727 Do Pass, by Substitute
Respectfully submitted, Is! Martin of the 47th
Chairman
Representative Parham of the 122nd District, Chairman of the Committee on Motor Ve hicles, submitted the following report:

Mr. Speaker:

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

HB 40 Do Pass HB 122 Do Pass HB 496 Do Pass, by Substitute HB 587 Do Pass HB 588 Do Pass, by Substitute

HB 706 Do Pass, by Substitute HB 793 Do Pass HB 812 Do Pass HB 823 Do Pass SB 47 Do Pass

Respectfully submitted, /s/ Parham of the 122nd
Chairman

Representative Lucas of the 124th District, Chairman of the Committee on State Institu tions & Property, submitted the following report:

Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the fol lowing Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 456 Do Pass, by Substitute
Respectfully submitted, /s/ Lucas of the 124th
Chairman
Representative Royal of the 164th District, Chairman of the Committee on State Plan ning & 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 590 Do Pass HB 806 Do Pass HB 821 Do Pass

HB 845 Do Pass SB 136 Do Pass

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

Representative Benefield of the 96th District, Chairman of the Committee on Transpor tation, submitted the following report:

Mr. Speaker:

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

HB 455 Do Pass HB 520 Do Pass HB 685 Do Pass

HR 334 Do Pass HR 379 Do Pass

Respectfully submitted, /s/ Benefield of the 96th
Chairman

The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR WEDNESDAY, MARCH 3, 1999
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 29th Legislative Day as enumer ated below:

HB 43 Insurance; investments of insurers; investment pools HB 84 Weapons prohibited at school; include razor blades HB 159 Insurance; certain claims; payment time limits HB 260 Medical scholarships; rural health care; amend provisions HB 283 Ad valorem tax; heavy-duty equipment; collection & assessment HB 438 Income tax; certain corporations; corporate taxpayer assign credit HB 605 Improved Student Learning Environment and Discipline Act; enact HB 678 Port vehicles; regist, licensing, size restrictions; exemptions HB 681 Crabs and crabbing; amend provisions HB 716 Automobile carriers; redefine designated highways HB 717 Newborns; advisory committee; screenings

HR 325 "Neil Jordan Holton Hazardous Mat Training Facility"; designate Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Smyre of the 136th
Chairman
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 590. By Representative McKinney of the 51st:
A bill to amend an Act requiring the tax commissioner of Fulton County to receive tax returns for the City of Atlanta and setting the date for payment of taxes, so as to authorize Fulton County and the Fulton County Board of

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Education to establish a single due date for taxes due to state and each of said units of local government.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 3.
The Bill, having received the requisite constitutional majority, was passed. HB 806. By Representative Greene of the 158th:
A bill to amend an Act creating the Board of Commissioners of Stewart County, so as to change the provisions relating to the compensation of the chairperson of the board of commissioners.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 3.
The Bill, having received the requisite constitutional majority, was passed. HB 821. By Representative Skipper of the 137th:
A bill to create a board of elections and registration for Lee County and pro vide for its powers and duties.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 3.
The Bill, having received the requisite constitutional majority, was passed. HB 845. By Representative Parrish of the 144th:
A bill to create a board of elections and registration in Johnson County.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 3.
The Bill, having received the requisite constitutional majority, was passed. SB 136. By Senators Thompson of the 33rd, Tanksley of the 32nd and Lamutt of the
21st: A bill to amend an Act entitled the "Cobb County Community Improvement Districts Act," as amended, so as to clarify the purpose of the 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 91, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

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Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 51. By Senators Huggins of the 53rd, Hooks of the 14th, Gillis of the 20th and others:
A bill to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, so as to change the provisions relating to school safety plans; to provide that school safety plans shall also address preparedness for natural disasters, hazardous materials or radiological accidents, acts of violence, and acts of terrorism.
SB 61. By Senators Lamutt of the 21st, Polak of the 42nd, Thomas of the 54th and others:
A bill to amend Code Section 50-29-12 of the Official Code of Georgia Anno tated, relating to electronic signature pilot projects, so as to recreate the Electronic Commerce Study Committee and provide for its membership, or ganization, terms of office, vacancies, meetings, powers, and reports; to pro vide for allowances and expenses; to provide for an effective date.
SB 117. By Senator Crotts of the 17th:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Towaliga Judicial Circuit, to be composed of the Counties of Butts, Lamar, and Monroe; to provide for the continuation of the Flint Judicial Circuit to be composed solely of Henry County; to provide for judges of the superior court and a district attorney and for the transfer of proceedings to such circuit.
SB 130. By Senators Meyer von Bremen of 12th, Walker of the 22nd, Kemp of the 3rd and others:
A bill to amend Chapter 12 of Title 51 of the Official Code of Georgia Anno tated, relating to damages in tort actions, so as to regulate the transfer of structured settlement payment rights; to define terms; to provide that no such transfer shall be effective unless certain disclosures are made; to pro vide for a right of rescission with respect to such transactions.
SB 139. By Senator Madden of the 47th:
A bill to amend Code Section 37-2-6 of the Official Code of Georgia Anno tated, relating to community mental health, mental retardation, and sub stance abuse boards, so as to provide that no officer of a community service board shall take any action against an employee who makes a complaint to the board or to a member of the General Assembly concerning any fraud, waste, or abuse relating to the board's operation.
SB 177. By Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd and others:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to ad valorem taxation of property, so as to provide for the de termination of certain millage rates; to provide for definitions; to provide for certification of taxable values and millage rates; to provide for the adoption of millage rate resolutions and ordinances.
SB 207. By Senator Thomas of the 10th:
A bill to amend an Act revising, superseding, and consolidating the laws re lating to the governing authority of DeKalb County, as amended, so as to change the provisions thereof relating to the appointment and removal of cer tain officers and employees of DeKalb County.

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SB 208. By Senator Crotts of the 17th:
A bill to provide supplements to the salaries of the judges of superior court, the district attorney, and the chief assistant district attorney of the Towaliga Judicial Circuit; to provide the amount and method of payment of such sup plements; to provide that such supplements shall be expenses of the superior courts; to provide an effective date; to provide for automatic repeal.
SB 209. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act creating the Conyers-Rockdale Amateur Athletics Au thority so as to change the name of the authority to the Conyers Athletics Authority; to change the membership of the authority; to change the powers of the authority; to provide for conforming changes; to provide an effective date.
SB 215. By Senator Thomas of the 10th:
A bill to amend an Act revising, superseding, and consolidating the laws re lating to the establishment of a merit system in DeKalb County for employ ees of DeKalb County, as amended, so as to change the provision relating to the department heads who shall be under the DeKalb County Merit System; to provide an effective date.
SB 217. By Senator Gillis of the 20th:
A bill to amend an Act providing for the election of the chairperson and the members of the board of education of Jefferson County, as amended, so as to change certain provisions relating to compensation of board members; to pro vide an effective date.
SB 223. By Senator Crotts of the 17th:
A bill to amend an Act creating the State Court of Henry County so as to change the provisions regarding jurors.
HB 253. By Representatives Walker of the 141st, Floyd of the 138th, Ray of the 128th and Bohannon of the 139th:
A bill to amend an Act creating the State Court of Houston County, so as to change the amount of compensation paid to an attorney presiding in place of the judge of the court.
HB 632. By Representatives Lewis of the 14th, Childers of the 13th and Cummings of the 27th:
A bill to amend an Act entitled "An Act to reincorporate the City of Cartersville in the County of Bartow," so as to change provisions relative to the sale of a city-owned utility; to change certain provisions relative to the granting of franchises and contracts for public utilities.
HB 661. By Representatives Stancil of the 16th, Scheid of the 17th and Pinholster of the 15th:
A bill to amend an Act creating a board of elections and registration for Cherokee County, so as to implement a system of staggered terms of office for the members of the board.
HB 673. By Representative Hugley of the 133rd:
A bill to provide a new charter for the Town of Junction City.
HB 691. By Representative Bulloch of the 180th:
A bill to amend an Act creating a board of commissioners for the County of Thomas, so as to change the compensation of the chairperson and other members of the board of commissioners of Thomas County.
HB 692. By Representative Bulloch of the 180th:
A bill to create the Thomas County Emergency Services Board.

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1089

HB 693. By Representatives Hammontree of the 4th and Mann of the 5th:
A bill to amend an Act providing a new charter for the City of Varnell, so as to change the corporate boundaries of such city; to change provisions relating to time of election, taking of office, and terms of office for the mayor and councilmembers; to create a Community Service Department.
HB 697. By Representative Twiggs of the 8th:
A bill to amend an Act providing that the judge of the Probate Court of Union County shall serve as chief magistrate of the Magistrate Court of Union County, so as to provide for the partisan election of the chief magis trate of Union County on and after a certain date; to provide that the judge of the Probate Court of Union County shall not serve as chief magistrate on or after a certain date.
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate and House:
SR 135. By Senators Ragan of the llth, Meyer von Bremen of 12th, Blitch of the 7th and Williams of the 6th:
A resolution urging the secretary of the United States Department of Agricul ture to provide greater opportunities to the farmers of the United States by taking greater advantage of the export enhancement program.
SR 136. By Senators Ragan of the llth, Meyer von Bremen of 12th, Blitch of the 7th and Williams of the 6th:
A resolution urging Congress to remove or restrict the use of trade sanctions as they apply to agricultural products and to work for the reduction or elimi nation of trade barriers and sanctions imposed by other countries against ag ricultural products.
SR 151. By Senators Thompson of the 33rd, Gillis of the 20th and Tanksley of the 32nd:
A resolution designating a bridge on 1-75 as the "Lester and Virginia Maddox Bridge".
HR 375. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st and others:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the United States Secre tary of Agriculture.
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 167. By Senators Walker of the 22nd and Cheeks of the 23rd:
A bill to amend an Act providing for the consolidated government of Augusta, Georgia, as amended, so as to change the provisions relating to the filling of vacancies in the office of the mayor or in the membership of the commission; to repeal certain provisions relating to affirmative action and equal opportunities.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SB 51. By Senators Huggins of the 53rd, Hooks of the 14th, Gillis of the 20th and others:
A bill to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, so as to change the provisions relating to school safety plans; to provide that school

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safety plans shall also address preparedness for natural disasters, hazardous materials or radiological accidents, acts of violence, and acts of terrorism.
Referred to the Committee on Education.

SB 61. By Senators Lamutt of the 21st, Polak of the 42nd, Thomas of the 54th and others:
A bill to amend Code Section 50-29-12 of the Official Code of Georgia Anno tated, relating to electronic signature pilot projects, so as to recreate the Electronic Commerce Study Committee and provide for its membership, or ganization, terms of office, vacancies, meetings, powers, and reports; to pro vide for allowances and expenses; to provide for an effective date.
Referred to the Committee on Rules.

SB 117. By Senator Crotts of the 17th:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Towaliga Judicial Circuit, to be composed of the Counties of Butts, Lamar, and Monroe; to provide for the continuation of the Flint Judicial Cir cuit to be composed solely of Henry County; to provide for judges of the su perior court and a district attorney and for the transfer of proceedings to such circuit.
Referred to the Committee on Judiciary.

SB 130. By Senators Meyer von Bremen of the 12th, Walker of the 22nd and Kemp of the 3rd:
A bill to amend Chapter 12 of Title 51 of the Official Code of Georgia Anno tated, relating to damages in tort actions, so as to regulate the transfer of structured settlement payment rights; to define terms; to provide that no such transfer shall be effective unless certain disclosures are made; to pro vide for a right of rescission with respect to such transactions.
Referred to the Committee on Judiciary.

SB 139. By Senator Madden of the 47th:
A bill to amend Code Section 37-2-6 of the Official Code of Georgia Anno tated, relating to community mental health, mental retardation, and sub stance abuse boards, so as to provide that no officer of a community service board shall take any action against an employee who makes a complaint to the board or to a member of the General Assembly concerning any fraud, waste, or abuse relating to the board's operation.
Referred to the Committee on Health & Ecology.

SB 177. By Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd and others:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to ad valorem taxation of property, so as to provide for the determination of certain millage rates; to provide for definitions; to provide for certification of taxable values and millage rates; to provide for the adop tion of millage rate resolutions and ordinances.
Referred to the Committee on Ways & Means.

WEDNESDAY, MARCH 3, 1999

1091

SB 207. By Senator Thomas of the 10th: A bill to amend an Act revising, superseding, and consolidating the laws re lating to the governing authority of DeKalb County, as amended, so as to change the provisions thereof relating to the appointment and removal of certain officers and employees of DeKalb County.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 208. By Senator Crotts of the 17th: A bill to provide supplements to the salaries of the judges of superior court, the district attorney, and the chief assistant district attorney of the Towaliga Judicial Circuit; to provide the amount and method of payment of such sup plements; to provide that such supplements shall be expenses of the superior courts; to provide an effective date; to provide for automatic repeal.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 209. By Senators Guhl of the 45th and Crotts of the 17th: A bill to amend an Act creating the Conyers-Rockdale Amateur Athletics Authority so as to change the name of the authority to the Conyers Athletics Authority; to change the membership of the authority; to change the powers of the authority; to provide for conforming changes; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 215. By Senator Thomas of the 10th: A bill to amend an Act revising, superseding, and consolidating the laws re lating to the establishment of a merit system in DeKalb County for employ ees of DeKalb County, as amended, so as to change the provision relating to the department heads who shall be under the DeKalb County Merit System; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 217. By Senator Gillis of the 20th: A bill to amend an Act providing for the election of the chairperson and the members of the board of education of Jefferson County, as amended, so as to change certain provisions relating to compensation of board members; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 223. By Senator Crotts of the 17th: A bill to amend an Act creating the State Court of Henry County so as to change the provisions regarding jurors.
Referred to the Committee on State Planning & Community Affairs - Local.
SR 135. By Senators Ragan of the llth, Meyer von Bremen of the 12th, Blitch of the 7th and others: A resolution urging the secretary of the United States Department of Agri culture to provide greater opportunities to the farmers of the United States by taking greater advantage of the export enhancement program.
Referred to the Committee on Agriculture & Consumer Affairs.

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SR 136. By Senators Ragan of the llth, Meyer von Bremen of the 12th, Blitch of the 7th and others: A resolution urging Congress to remove or restrict the use of trade sanctions as they apply to agricultural products and to work for the reduction or elimi nation of trade barriers and sanctions imposed by other countries against agricultural products.
Referred to the Committee on Agriculture & Consumer Affairs.
SR 151. By Senators Thompson of the 33rd, Gillis of the 20th and Tanksley of the 32nd: A resolution designating a bridge on 1-75 as the "Lester and Virginia Maddox Bridge".
Referred to the Committee on Transportation.

Representative Morris of the 155th arose to a point of personal privilege and addressed the House.
Representative Holmes of the 53rd arose to a point of personal privilege and addressed the House.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 362. By Representatives Purcell of the 147th and Porter of the 143rd:
A resolution expressing regret at the passing of Kyle Wayne Dinkheller and inviting his family to appear before the House of Representatives. HR 363. By Representative Purcell of the 147th: A resolution commending Sergeant K.B. McGlamery and TFC T.M. Cameron from the Savannah GSP Post; TFC B.E. Hodges and TFC R.L. Dunsmore III from the Brunswick GSP Post; TFC Freddie "Buz" Cromer from the Hinesville GSP Post; and TFC G.W. Thrift from the Waycross GSP Post upon their being nominated "Officer of the Year for Meritorious Service" and inviting them to appear before the House of Representatives.
Under the general order of business, established by the Committee on Rules, the follow ing Bill of the House was taken up for consideration and read the third time: HB 260. By Representatives Channell of the lllth, Parrish of the 144th, Hudson of
the 120th, Powell of the 23rd and Coleman of the 142nd: A bill to amend Part 6 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to medical scholarships, so as to change the conditions regarding loan and scholarship repayment; to change the pro visions regarding signing of contracts.
The following amendment was read and adopted:
Representative Channell of the lllth moves to amend HB 260 as follows: Page 3 delete "Section 3" Renumber "Section 4 - Section 3".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

WEDNESDAY, MARCH 3, 1999

1093

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

Alien Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes
Y Benefield Birdsong
Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown
Buck
Buckner
Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell
Y Childers Y Clark
Coan Y Coleman, B
Coleman, T Y Connell Y Cooper Y Cox
Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix
Y Dixon Y Dodson Y Dukes Y Ehrhart
Epps E Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree E Henson Y Holland
Holmes Houston
Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones
Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning
Martin, J Y Martin, J.L
Y Massey Y McBee Y McCall
McClinton McKinney Y Millar Y Mills Mobley
Y Morris Y Mosley Y Mueller Y O'Neal
Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag E Ponder
Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece
Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts
Rogers
Y Royal Y Sanders Y Sauder Y Scarlett E Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B Y Smith, C
Smith, C.W Y Smith, L

E Smith, L.R Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P
Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert
Trense Y Turnquest Y Twiggs Y Unterman
Walker, L
Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix
Yates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 140, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. Representative Skipper of the 137th assumed the Chair.

Pursuant to Rule 52, Representative Murphy of the 18th moved that the following Bill of the Senate be engrossed:
SB 145. By Senators Marable of the 52nd, Dean of the 31st and Walker of the 22nd:
A bill to amend Article 1 of Chapter 9 of Title 42 of the Official Code of Geor gia Annotated, relating to general provisions regarding pardons and paroles, so as to separate the State Board of Pardons and Paroles from the Depart ment of Corrections for administrative purposes; to relieve the members of the board of their ex officio advisory roles to the Board of Corrections.

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

Alien
Anderson Y Ashe Y Bailey N Bannister Y Barnard Y Barnes Y Benefield

Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks N Brown
Buck

Y Buckner Y Bulloch
Bunn Y Burkhalter Y Byrd N Callaway
Campbell
Y Cash

Y Channell Y Childers N Clark N Coan Y Coleman, B
Coleman, T Y Connell Y Cooper

Y Cox Y Crawford Y Cummings N Davis, M Y Davis, T Y Day
Dean Y DeLoach, B

1094
Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes N Ehrhart Y Epps E Evans
Everett Felton Y Floyd N Franklin Y Golick Y Graves Y Greene Y Grindley Hammontree Y Hanner Y Harbin Y Harrell Y Heard Heckstall Y Hegstrom Y Hembree E Henson Y Holland Holmes Houston

JOURNAL OF THE HOUSE

Howard Y Hudgens
Y Hudson, H Y Hudson, N Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins
Y Jennings Y Jones
Joyce
N Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox N Mann Y Manning
Martin, J Y Martin, J.L N Massey Y McBee Y McCall
McClinton

McKinney N Millar N Mills
Mobley Y Morris Y Mosley Y Mueller Y O'Neal
Orrock Y Parham Y Parrish Y Parsons Y Pelote
N Pinholster Y Poag E Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece
Heed N Reese Y Reichert Y Rice

Richardson Y Roberts
Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow Squires

Stallings Stancil Stanley, P
Stanley-Turner Stephens Stokes Stuckey Taylor Teague
Teper Tillman
Iblbert Trense
Turnquest Twiggs Unterman Walker, L Walker, K.L
Watson West Westmoreland Whitaker Wiles
Williams, J Williams, R Wix Yates
Murphy, Spkr

On the motion, the ayes were 120, nays 20.
The motion prevailed.
The Speaker assumed the Chair.
Under the general order of business, established by the Committee on Rules, the follow ing Bills of the House were taken up for consideration and read the third time: HB 283. By Representative Jamieson of the 22nd:
A bill to amend Article 10A of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of heavy-duty equipment motor vehicles, so as to change certain provisions regarding the return of heavy-duty equipment motor vehicles for ad valorem taxation and collection of such tax.
The following Committee substitute was read and withdrawn: A BILL
To amend Article 10A of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of heavy-duty equipment motor vehicles, so as to change certain provisions regarding the return of heavy-duty equipment motor vehicles for ad valorem taxation and collection of such tax; to change certain provisions regarding con tested assessments; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 10A of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of heavy-duty equipment motor vehicles, is amended by striking Code Section 48-5-507, relating to the valuation and return of heavy-duty equipment motor vehicles for ad valorem taxation, and inserting in its place a new Code Section 48-5-507 to read as follows:

WEDNESDAY, MARCH 3, 1999

1095

"48-5-507.

(a) Except as provided in subsections (b) and (c) of this Code section, every heavy-duty equipment motor vehicle owned in this state by a natural person or other entity is subject to ad valorem taxation by the various tax jurisdictions authorized to impose an ad valorem tax on property only if owned by such natural person or entity on the first day of January of any taxable year. Taxes shall be charged against the owner of the property, if known, and, if unknown, against the specific property itself. The owner shall return the heavy-duty equipment motor vehicle for taxation as provided in Arti cle 1 of this chapter.

(b)(l) Any and all purchases of heavy-duty equipment motor vehicles by dealers for the purpose of resale shall be exempt from ad valorem tax at the time of the purchase by the dealer.

(2) Any person or entity which purchases a heavy-duty equipment motor vehicle from a dealer shall, for the taxable year in which the heavy-duty equipment motor vehicle is purchased only, return such heavy-duty equipment motor vehicle for ad valorem taxation purposes, within 30 days of the end of the month in which such purchase is made, to the appropriate county and shall pay a tax for such taxable year. Upon receipt of such return, the tax commissioner shall within five days pre pare and bill the purchaser for the ad valorem tax. Such tax shall be equal to 33 1/3 percent of the amount derived by multiplying the amount of ad valorem tax which would otherwise be due on the heavy-duty equipment motor vehicle and shall be based on the selling price to the end user times 40 percent, thus deriving the taxa ble assessment, times the tax rate imposed by the tax authority for the preceding tax year, by a fraction the numerator of which is the number of months remaining in the calendar year not counting the month of purchase and the denominator of which is 12. In no event shall the ad valorem tax due be less than $100.00 for the year of purchase. The taxes levied under this subsection shall be due 60 days after the billing therefor. A penalty of 10 percent of the ad valorem tax due and interest at the rate provided for in Code Section 48 2-40 ahall accrue at the expiration of 60 dayo after billing.

(3) Any ad valorem tax due shall be based on the selling price of the heavy-duty equipment motor vehicle purchased.

(4) In the event that any heavy-duty equipment motor vehicle is purchased other than for resale by a person or entity not domiciled in this state, at the time of the sale the dealer shall collect the ad valorem tax which would be applicable for the county where the heavy-duty equipment motor vehicle was held in inventory at the time of the sale. Each dealer, on or before the last day of the month following a sale to such person or entity, shall transmit returns and remit the ad valorem taxes collected to the tax collector commissioner of the county where the heavy-duty equipment motor vehicle was held in inventory at the time of the sale. Such returns shall show all sales and purchases taxable under this article during the preceding calendar month. The returns required by this subsection shall be made upon forms prescribed, prepared, and furnished by the state revenue commissioner. If any dealer liable for any tax, interest, or penalty imposed by this article sells out his or her business's heavy-duty equipment motor vehicles or quits the business, he or she shall make a final return and payment within 30 days after the date of selling or quitting the business. Any dealer who does not collect tax as required under this paragraph or who fails to properly remit taxes collected under this paragraph shall be liable for the tax and the tax collector or tax commissioner shall collect such tax, penalty, and interest in the same manner that other taxes are collected.

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JOURNAL OF THE HOUSE

(c) Except as otherwise provided in this subsection, heavy-duty equipment motor vehi cles which are owned by a dealer are not included within the distinct subclassification of tangible property made by this article for all other heavy-duty equipment motor ve hicles. The procedures prescribed in this article for returning heavy-duty equipment motor vehicles for ad valorem taxation, determining the applicable rates for taxation, and collecting the ad valorem taxes imposed on heavy-duty equipment motor vehicles do not apply to heavy-duty equipment motor vehicles which are owned by a dealer. Heavy-duty equipment motor vehicles which are owned by a dealer shall not be re turned for ad valorem taxation, shall not be taxed, and no taxes shall be collected on such heavy-duty equipment motor vehicles until they become subject to taxation as provided in subsections (a) and (b) of this Code section. No heavy-duty equipment mo tor vehicle held by a dealer in inventory for resale shall be subject to ad valorem taxa tion unless such heavy-duty equipment motor vehicle was in the dealer's inventory on January 1 of the taxable year and continued to remain in such dealer's inventory on December 20 of such taxable year, in which case the dealer shall be required to return the heavy-duty equipment motor vehicle for ad valorem taxation and pay the ad valorem tax on auch vehicle for on December 21 of that taxable year. The assessed value of each heavy-duty equipment motor vehicle owned by a dealer shall be 40 per cent of the fair market value of the heavy-duty equipment motor vehicle on January 1 of that taxable year. The tax commissioner shall prepare and mail a tax bill within five days of receipt of such dealer's return. The taxes levied under this subsection shall be due 60 days after the billing therefor. Penalties and interest for unpaid taxes aa provided in this chapter shall accrue at the expiration of 60 days after the billing

(d) Within 30 days of the last day of a month during which there is a sale of any heavy-duty equipment motor vehicle other than for resale, the dealer shall mail to the tax aascsaor commissioner of the county where the purchaser is domiciled a statement upon forma prescribed, prepared, and furnished by the commissioner notifying the lo cal tax aaocaaor commissioner of the sale which shall include information such as the date of the sale, the selling price, and the name and address of the purchaser. Such statement shall be upon forms prescribed, prepared, and furnished by the state reve nue commissioner. The tax aaacasor would then be authorized to place the heavy duty equipment motor vehicle on the tax digest of the county and invoice the purchaser for the applicable ad valorem tax for the current year as provided for in thia Code section.
(e) The failure of any person or entity to return property as required by this Code sec tion shall subject such person or entity to penalties as provided in Code Section 48-5-299. The failure of any person or entity to pay the taxes as required by this Code section shall subject such person or entity to penalties and interest as provided by Code Section 48-2-44."
SECTION 2.
Said article is further amended by striking Code Section 48-5-508, relating to contested assessments, and inserting in its place a new Code Section 48-5-508 to read as follows:
"48-5-508.
Any taxpayer who contests the assessment of an ad valorem tax against a heavy-duty equipment motor vehicle aa defined in thia article may file with the tax collector or tax commisaionor an affidavit of illegality to the assessment together with a 3urcty bond issued by a surety company authorized to do business in this atatc or, in lieu of such bond, a bond approved by the clerk of the superior court of the county or a cash bond. The bond ohall be made payable to the tax collector or tax commisoioncr and ohall be conditioned upon the payment of taxes and pcnaltica ultimately found to be due.--The affidavit of illegality and the bond shall be tranafcrrcd immediately by the tax collce tor or tax commissioner to the superior court, shall be filed in the superior court, and

WEDNESDAY, MARCH 3, 1999

1097

shall bo tried aa affidavits of illegality arc tried in tax caooa. Any taxpayer who con tests the value assessment of a heavy-duty equipment motor vehicle as defined in this article may appeal such assessed value as provided for in Code Section 48-5-311, inaofar aa applicable except that such appeal shall be effected by mailing to or filing with the tax commissioner a notice of appeal within 60 days of the date the tax bill is mailed by the tax commissioner. Such appeal, to be properly filed, must be accompa nied by a payment equal to 85 percent of the amount of such tax bill. The tax commis sioner shall forward such notice of appeal to the board of tax assessors and the appeal shall be processed in accordance with Code Section 48-5-311."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representatives Jamieson of the 22nd, Royal of the 164th and Buck of the 135th, was read and adopted:
A BILL
To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to clarify the time and manner of the payment of ad valorem taxes during an owner's initial registration period; to provide a date upon which the lien for ad valorem taxes attaches; to provide for related matters; to change certain provisions regarding the return of heavy-duty equipment motor vehicles for ad valorem taxation and collection of such tax; to change certain provisions regarding contested as sessments; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking Code Section 48-5-473, relating to returns for taxation, and inserting in its place a new Code Section 48-5-473 to read as follows:
"48-5-473.

(a)(l) Except as provided in paragraph (2) of this subsection, every owner of a motor vehicle subject to taxation under this article shall be required to return the motor vehicle for taxation and pay the taxes due on the motor vehicle at the time the owner applies or is required by law to apply for registration of the motor vehicle and for the purchase of a license plate for the motor vehicle during the owner's registra tion period.
(2)(A) In all counties for which a local Act has not been enacted pursuant to Code Section 40-2-21, the final date for payment of ad valorem taxes shall be the last day of the owner's registration period and the lien for such taxes shall attach at midnight on the last day of the owner's registration period if the vehicle has not been registered but only if the vehicle is still owned on such date by such owner.
(B) In all counties for which a local Act has been enacted pursuant to Code Sec tion 40-2-21, the final date for payment of ad valorem taxes shall be the last day of the owner's registration period and the lien for such taxes on such motor vehi cle shall attach on the first day of the owner's registration period.
(2)(A)(C) A In all counties for which a local Act has not been enacted pursuant to Code Section 40-2-21, a motor vehicle shall net be returned for taxation and ee ad valorem taxes shall be due, payable, er and collected at the time a vehicle is regis tered during any initial registration period for such vehicle only if the date of purchase or other acquisition of the motor vehicle or the date that the applicant owner first owns the vehicle in Georgia or the date that the vehicle is being regis tered occurs within the owner's registration period as defined in paragraph (1) of

1098

JOURNAL OF THE HOUSE

subsection (a) of Code Section 40-2-21 and only if such owner does not transfer a registration to such vehicle which extends until the owner's next succeeding regis tration period.
(B)(D) A Except as provided in subparagraph (a)(2)(C) of this Code section, a mo tor vehicle shall not be returned for taxation and no ad valorem taxes shall be due, payable, or collected at the time of a transfer of the vehicle.
(3) Notwithstanding any other provision of this Code section to the contrary, under no circumstances shall such ad valorem taxation be collected more than one time per calendar year with respect to the same motor vehicle.
(b) Notwithstanding subsection (a) of this Code section, in the case of an antique or hobby or special interest motor vehicle, as defined in Code Section 48-5-440, the owner or owners shall certify at the time of returning the antique or hobby or special inter est motor vehicle for taxation, paying the taxes due on the motor vehicle, and purchas ing a license plate for the motor vehicle or at the time of the first sale or transfer of the motor vehicle that the vehicle is an antique or hobby or special interest motor ve hicle as defined in Code Section 48-5-440, and, upon said certification, said vehicle shall be registered and a license plate issued with the imposition of an ad valorem tax based on $100.00 valuation; provided, however, that taxes shall be due at the time of registration or at the time required by law for registration during the owner's registra tion period as provided in subsection (a) of this Code section.
(c) Within the motor vehicle classification of property for ad valorem taxation pur poses, motor vehicles held in inventory for sale or resale by an entity which is engaged in the business of selling motor vehicles and which has a current distinguishing dealer's identification number issued by the department shall constitute a separate subclassification of property for ad valorem taxation purposes and shall not be the subject of ad valorem taxation until such time as such vehicles are transferred and until such time as such vehicles then become subject to taxation as provided in this Code section."
SECTION 2.
Said chapter is further amended by striking Code Section 48-5-507, relating to the valu ation and return of heavy-duty equipment motor vehicles for ad /alorem taxation, and inserting in its place a new Code Section 48-5-507 to read as follows:
"48-5-507.

(a) Except as provided in subsections (b) and (c) of this Code section, every heavy-duty equipment motor vehicle owned in this state by a natural person or other entity is subject to ad valorem taxation by the various tax jurisdictions authorized to impose an ad valorem tax on property only if owned by such natural person or entity on the first day of January of any taxable year. Taxes shall be charged against the owner of the property, if known, and, if unknown, against the specific property itself. The owner shall return the heavy-duty equipment motor vehicle for taxation as provided in Arti cle 1 of this chapter.
(b)(l) Any and all purchases of heavy-duty equipment motor vehicles by dealers for the purpose of resale shall be exempt from ad valorem tax at the time of the purchase by the dealer.
(2) Any person or entity which purchases a heavy-duty equipment motor vehicle from a dealer shall, for the taxable year in which the heavy-duty equipment motor vehicle is purchased only, return such heavy-duty equipment motor vehicle for ad valorem taxation purposes, within 30 days of the end of the month in which such purchase is made, to the appropriate county and shall pay a tax for such taxable

WEDNESDAY, MARCH 3, 1999

1099

year. Upon receipt of such return, the tax commissioner shall within five days pre pare and bill the purchaser for the ad valorem tax. Such tax shall be equal to 33 1/3 percent of the amount derived by multiplying the amount of ad valorem tax which would otherwise be due on the heavy-duty equipment motor vehicle and shall be based on the selling price to the end user times 40 percent, thus deriving the taxa ble assessment, times the tax rate imposed by the tax authority for the preceding tax year, by a fraction the numerator of which is the number of months remaining in the calendar year not counting the month of purchase and the denominator of which is 12. In no event shall the ad valorem tax due be less than $100.00 for the year of purchase. The taxes levied under this subsection shall be due 60 days after the billing therefor. A penalty of 10 percent of the ad valorem tax due and intcrcat at the rate provided for in Code Section 48 2-40 ahall accrue at the expiration of 60 days after billing.
(3) Any ad valorem tax due shall be based on the selling price of the heavy-duty equipment motor vehicle purchased.
(4) In the event that any heavy-duty equipment motor vehicle is purchased other than for resale by a person or entity not domiciled in this state, at the time of the sale the dealer shall collect the ad valorem tax which would be applicable for the county where the heavy-duty equipment motor vehicle was held in inventory at the time of the sale. Each dealer, on or before the last day of the month following a sale to such person or entity, shall transmit returns and remit the ad valorem taxes collected to the tax collector commissioner of the county where the heavy-duty equipment motor vehicle was held in inventory at the time of the sale. Such returns shall show all sales and purchases taxable under this article during the preceding calendar month. The returns required by this subsection shall be made upon forms prescribed, prepared, and furnished by the state revenue commissioner. If any dealer liable for any tax, interest, or penalty imposed by this article sells out his or her business's heavy-duty equipment motor vehicles or quits the business, he or she shall make a final return and payment within 30 days after the date of selling or quitting the business. Any dealer who does not collect tax as required under this paragraph or who fails to properly remit taxes collected under this paragraph shall be liable for the tax and the tax collector or tax commissioner shall collect such tax, penalty, and interest in the same manner that other taxes are collected.
(c) Except as otherwise provided in this subsection, heavy-duty equipment motor vehi cles which are owned by a dealer are not included within the distinct subclassification of tangible property made by this article for all other heavy-duty equipment motor ve hicles. The procedures prescribed in this article for returning heavy-duty equipment motor vehicles for ad valorem taxation, determining the applicable rates for taxation, and collecting the ad valorem taxes imposed on heavy-duty equipment motor vehicles do not apply to heavy-duty equipment motor vehicles which are owned by a dealer. Heavy-duty equipment motor vehicles which are owned by a dealer shall not be re turned for ad valorem taxation, shall not be taxed, and no taxes shall be collected on such heavy-duty equipment motor vehicles until they become subject to taxation as provided in subsections (a) and (b) of this Code section. No heavy-duty equipment mo tor vehicle held by a dealer in inventory for resale shall be subject to ad valorem taxa tion unless such heavy-duty equipment motor vehicle was in the dealer's inventory on January 1 of the taxable year and continued to remain in such dealer's inventory on December 20 of such taxable year, in which case the dealer shall be required to return the heavy-duty equipment motor vehicle for ad valorem taxation and pay the ad valorem tax on such vehicle for on December 21 of that taxable year. The assessed value of each heavy-duty equipment motor vehicle owned by a dealer shall be 40 per cent of the fair market value of the heavy-duty equipment motor vehicle on January 1 of that taxable year. The tax commissioner shall prepare and mail a tax bill within five days of receipt of such dealer's return. The taxes levied under this subsection

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shall be due 60 days after the billing therefor. Penalties and interest for unpaid taxes as provided in this chapter ahull accrue at the expiration of 60 daya after the billing

(d) Within 30 days of the last day of a month during which there is a sale of any heavy-duty equipment motor vehicle other than for resale, the dealer shall mail to the tax anocaaor commissioner of the county where the purchaser is domiciled a statement upon forms prescribed, prepared, and furniahcd by the eommiaaioncr notifying the teeal tax aaacaaor commissioner of the sale which shall include information such as the date of the sale, the selling price, and the name and address of the purchaser. Such statement shall be upon forms prescribed, prepared, and furnished by the state reve nue commissioner. The tax assessor would then be authorized to place the heavy duty equipment motor vehicle on the tax digcat of the county and invoice the purchaser for the applicable ad valorem tax for the current year as provided for in this Code acction.
(e) The failure of any person or entity to return property as required by this Code sec tion shall subject such person or entity to penalties as provided in Code Section 48-5-299. The failure of any person or entity to pay the taxes as required by this Code section shall subject such person or entity to penalties and interest as provided by Code Section 48-2-44."
SECTION 3.
Said chapter is further amended by striking Code Section 48-5-508, relating to contested assessments, and inserting in its place a new Code Section 48-5-508 to read as follows:
"48-5-508.
Any taxpayer who contests the asacasmcnt of an ad valorem tax againat a heavy duty equipment motor vehicle aa defined in thia article may file with the tax collector or tax commiaaioncr on affidavit of illegality to the aascsamcnt together with a aurcty bond iooucd by a surety company authorized to do buaincaa in this atate or, in lieu of aueh bond, a bond approved by the clerk of the superior court of the county or a cash bond. The bond ahall be made payable to the tax collector or tax eommiaaioncr and shall be conditioned upon the payment of taxes and pcnaltica ultimately found to bo due.--The affidavit of illegality and the bond ahall be tranafcrrcd immediately by the tax collcc tor or tax commisaioncr to the superior court, shall be filed in the superior court, and ahall be tried aa affidavita of illegality arc tried in tax eaaca. Any taxpayer who con tests the value assessment of a heavy-duty equipment motor vehicle as defined in this article may appeal such assessed value as provided for in Code Section 48-5-311, inao far as applicable except that such appeal shall be effected by mailing to or filing with the tax commissioner a notice of appeal within 60 days of the date the tax bill is mailed by the tax commissioner. Such appeal, to be properly filed, must be accompa nied by a payment equal to 85 percent of the amount of such tax bill. The tax commis sioner shall forward such notice of appeal to the board of tax assessors and the appeal shall be processed in accordance with Code Section 48-5-311."
SECTION 4.
(a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective on July 1, 1999.
(b) Section 1 of this Act shall become effective on January 1, 2000.
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 substi tute, was agreed to, by substitute.

WEDNESDAY, MARCH 3, 1999

1101

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

Alien
Anderson
Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B
Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon
Y Dodson Y Dukes
Ehrhart Y Epps E Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree E Henson Y Holland
Holmes
Houston
Howard
Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley
Irvin Y Jackson, B Y Jackson, L
Y James
Y Jamieson Y Jenkins Y Jennings Y Jones
Joyce Y Kaye Y Lane Y Lewis
Lord
Lucas Y Maddox Y Mann Y Manning
Martin, J Y Martin, J.L Y Massey Y McBee Y McCall
McClinton McKinney Y Millar Y Mills Mobley Y Morris Mosley Y Mueller Y OTSTeal Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag E Ponder Y Porter Y Powell Y Purcell
Ragas Y Randall Y Ray Y Reaves Y Reece
Reed Y Reese Y Reichert Y Rice
Richardson Y Roberts
Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

E Smith, L.R Y Smith, P Y Smith, T Y Smith, V
Smyre
Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P
Stanley-Turner
Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L
Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
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.
Representative Walker of the 141st assumed the Chair. HB 678. By Representatives Stephens of the 150th, Benefield of the 96th, Parham of
the 122nd, Tillman of the 173rd, Scarlett of the 174th and others: A bill to amend Code Section 40-2-20 of the Official Code of Georgia Anno tated, relating to motor vehicle registration and license requirements, so as to exempt certain port vehicles; to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to restrictions on dimensions and weight of vehicles and load, so as to exempt certain port vehicles.
The following Committee substitute was read and adopted: A BILL
To amend Code Section 40-2-20 of the Official Code of Georgia Annotated, relating to motor vehicle registration and license requirements, so as to exempt certain port vehi cles; to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Anno tated, relating to restrictions on dimensions and weight of vehicles and load, so as to ex empt certain port vehicles; 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 40-2-20 of the Official Code of Georgia Annotated, relating to motor vehicle registration and license requirements, is amended by adding to subsection (b) a new par agraph (2.1) to read as follows:
"(2.1) To any vehicle or equipment used for transporting cargo or containers be tween and within wharves, storage areas, or terminals within the facilities of any port under the jurisdiction of the Georgia Ports Authority when such vehicle or equipment is being operated upon any public road not part of the National System of Interstate and Defense Highways by the owner thereof or his or her agent within a radius of ten miles of the port facility of origin and accompanied by an escort vehi cle equipped with one or more operating amber flashing lights that are visible from a distance of 500 feet;"
SECTION 2.
Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to restrictions on dimensions and weight of vehicles and load, is amended by adding a new Code Section 32-6-25.1 to read as follows:
"32-6-25.1

The limitations of Code Section 32-6-23 as to width and of Code Section 32-6-24 as to length shall not apply to the following loads and vehicles, which may exceed such limi tation without a permit: Any vehicle or equipment used for transporting cargo or con tainers between and within wharves, storage areas, or terminals within the facilities of any port under the jurisdiction of the Georgia Ports Authority when such vehicle or equipment is being operated upon any public road not part of the National System of Interstate and Defense Highways by the owner thereof or his or her agent within a ra dius of ten miles of the port facility of origin and accompanied by an escort vehicle equipped with one or more operating amber flashing lights that are visible from a dis tance of 500 feet."

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 substi tute, was agreed to.

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

Alien Anderson
Ashe Bailey Bannister
Barnard
Barnes Benefield Birdsong Bohannon Bordeaux Borders Bridges Brooks Brown
Buck Buckner

Bulloch Bunn Burkhalter Byrd Callaway Campbell Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell Y Cooper Y Cox Y Crawford

Cummings Davis, M Davis, T Day Dean DeLoach, B DeLoach, G Dix Dixon Dodson Dukes Ehrhart Epps Evans Everett Felton
Floyd

Y Franklin
Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree
E Henson
Y Holland
Holmes Houston

Howard
Y Hudgens Y Hudson, H Y Hudson, N Y Hugley
Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones
Joyce Y Kaye Y Lane Y Lewis

Y Lord Lucas
Y Maddox Y Mann Y Manning
Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
Mueller Y O'Neal

WEDNESDAY, MARCH 3, 1999

1103

Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag E Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece
Reed Y Reese Y Reichert

Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C

Y Smith, C.W
Y Smith, L E Smith, L.R Y Smith, P Y Smith, T
Y Smith, V Smyre
Y Snelling Y Snow
Y Squires
Y Stallings Y Stancil
Stanley, P Stanley- Turner
Y Stephens Y Stokes Y Stuckey Y Taylor
Teague

Y Teper
Y Tillman
Y Tolbert Y Trense Y Turnquest Y Twiggs
Y Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
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.
HB 716. By Representatives McCall of the 90th and Benefield of the 96th:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Anno tated, relating to length of vehicles and loads, so as to change certain provi sions relating to operation of automobile carriers on designated highways.

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

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

Alien Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Buckner Y Bulloch Bunn Y Burkhalter Y Byrd Callaway Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Coleman, T Y Connell Cooper E Cox

Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G
Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps E Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree E Henson Y Holland

Holmes Houston Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Jones Joyce Y Kaye Y Lane Y Lewis Y Lord Lucas Y Maddox Y Mann Y Manning Martin, J Y Martin, J.L Y Massey Y McBee Y McCall McClinton McKinney Y Millar Y Mills

Mobley Morris Mosley Mueller O'Neal Orrock Parham Parrish Parsons Pelote Pinholster Poag Ponder Porter Powell Purcell Ragas Randall Ray Reaves Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid

Y Scott
Y Shanahan
Y Shaw Y Shipp Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L E Smith, L.R Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Teague Y Teper Y Tillman Y Tolbert Y Trense

1104
Y Turnquest Y Twiggs Y Unterman

JOURNAL OF THE HOUSE

Walker, L Y Walker, R.L Y Watson

West Westmoreland Whitaker

Y Wiles Y Williams, J Y Williams, R

Wix Yates Murphy, Spkr

On the passage of the Bill, the ayes were 145, nays 0.

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

Representative Jones of the 71st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 681. By Representatives DeLoach of the 172nd, Barnard of the 154th, Tillman of the 173rd and Purcell of the 147th:
A bill to amend Part 2 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to crabs, so as to change requirements for identifying crab trap floats; to require written notice to the Department of Natural Resources when a licensed crabber permits another person to work his or her traps; to change requirements for vessel identification markings.

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

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

Alien
Anderson Ashe Bailey Bannister Barnard Barnes Benefield Birdsong Bohannon Bordeaux Borders Bridges Brooks Brown Buck Buckner Bulloch Bunn Burkhalter Byrd Callaway Campbell Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell Cooper Cox Crawford Cummings Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps
E Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree E Henson
Y Holland
Holmes
Houston Howard
Y Hudgens
Y Hudson, H
Y Hudson, N

Y Hugley
Irvin Y Jackson, B
Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Jones Joyce
Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning
Martin, J
Y Martin, J.L Y Massey Y McBee
McCall Y McClinton
McKinney
Y Millar
Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal
Orrock Y Parham
Y Parrish
Y Parsons

Pelote
Pinholster Poag Ponder Porter Powell
Purcell Ragas Randall Ray Reaves Reece Reed Reese
Reichert
Rice Richardson Roberts
Rogers
Royal Sanders Sauder Scarlett Scheid
Scott Shanahan Shaw Shipp Sholar
Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L

Smith, L.R Smith, P Smith, T Smith, V Smyre
Snelling Snow Squires Stallings Stancil Stanley, P Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper
Tillman
Tolbert Trense Turnquest Twiggs Unterman Walker, L Walker, R.L Watson West
Westmoreland
Whitaker
Wiles Williams, J Williams, R
Wix
Yates Murphy, Spkr

On the passage of the Bill, the ayes were 139, nays 0. The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 3, 1999

1105

Representative Jones of the 71st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 84. By Representatives Ray of the 128th, Porter of the 143rd, Jamieson of the 22nd, Jenkins of the 110th and Holland of the 157th:
A bill to amend Code Section 16-11-127.1 of the Official Code of Georgia An notated, relating to prohibitions and criminal penalties for carrying weapons within school safety zones, at school functions, or on school property, so as to include razor blades within the definition of the term "weapon".
The following Committee substitute was read:
A BILL
To provide for matters relating to school safety and school violence; to amend Code Sec tion 16-11-127.1 of the Official Code of Georgia Annotated, relating to prohibitions and criminal penalties for carrying weapons within school safety zones, at school functions, or on school property, so as to include razor blades within the definition of the term "weapon"; to amend Title 20 of the Official Code of Georgia Annotated, relating to educa tion, so as to require that the comprehensive character education program developed by the State Board of Education for elementary and secondary schools address methods to discourage bullying; to define a certain term; to require local boards of education to adopt policies that prohibit bullying of a student by another student and provide for the assignment of certain students to alternative schools; to provide for notification of stu dents and parents of anti-bullying policies; to change certain provisions applicable to every county having a population of 100,000 or more according to the United States de cennial census of 1980 or any future such census which empower a local board of educa tion to authorize certain school security personnel to carry certain firearms or weapons and to make such provisions applicable state wide; to provide for related matters; to pro vide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 16-11-127.1 of the Official Code of Georgia Annotated, relating to prohibi tions and criminal penalties for carrying weapons within school safety zones, at school functions, or on school property, is amended by striking in its entirety paragraph (2) of subsection (a) and inserting in lieu thereof a new paragraph (2) of subsection (a) to read as follows:
"(2) 'Weapon' means and includes any pistol, revolver, or any weapon designed or in tended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of three or more inches, straight-edge razor, razor blade, spring stick, metal knucks, blackjack, any bat, club, or other bludgeon-type weapon, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, and any stun gun or taser as defined in subsection (a) of Code Section 16-11-106."
SECTION 2.
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking in its entirety Code Section 20-2-145, relating to the comprehensive character education program for elementary and secondary schools, and inserting in lieu thereof a new Code Section 20-2-145 to read as follows:

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JOURNAL OF THE HOUSE

"20-2-145.

The State Board of Education shall develop by the start of the 1997-1998 school year a comprehensive character education program for levels K-12. This comprehensive char acter education program shall be known as the 'character curriculum' and shall focus on the students' development of the following character traits: courage, patriotism, cit izenship, honesty, fairness, respect for others, kindness, cooperation, self-respect, self-control, courtesy, compassion, tolerance, diligence, generosity, punctuality, cleanli ness, cheerfulness, school pride, respect for the environment, respect for the creator, patience, creativity, sportsmanship, loyalty, perseverance, and virtue. Such program shall also address, by the start of the 1999-2000 school year, methods of discouraging bullying and violent acts against fellow students. Local boards may implement such a program at any time and for any grade levels, and the state board shall encourage the implementation of such plan."
SECTION 3.
Said title is further amended in Subpart 2 of Part 2 of Article 16 of Chapter 2, relating to public school disciplinary tribunals, by adding a new Code Section 20-2-751.4 to read as follows:
"20-2-751.4.

(a) As used in this Code section, the term 'bullying' means:
(1) Any willful attempt or threat to inflict injury on another person, when accompa nied by an apparent present ability to do so; or
(2) Any intentional display of force such as would give the victim reason to fear or expect immediate bodily harm.
(b) Each local board of education shall adopt policies, applicable to students in grades six through 12, that prohibit bullying of a student by another student and shall re quire such prohibition to be included in the student code of conduct for middle and high schools in that school system. Local board policies shall require that, upon a find ing that a student has committed the offense of bullying for the third time in a school year, such student shall be assigned to an alternative school. Each local board of edu cation shall ensure that students and parents of students are notified of the prohibi tion against bullying, and the penalties for violating the prohibition, by posting such information at each middle and high school and by including such information in stu dent and parent handbooks.

(c) Any school system which is not in compliance with the requirements of this Code section shall be ineligible to receive state funding pursuant to Code Sections 20-2-161 and 20-2-260. The requirements of this Code section shall apply notwithstanding any contrary provision of Code Section 20-2-751.3."

SECTION 4.
Said title is further amended in Code Section 20-8-5, relating to law enforcement powers of school security personnel, by striking subsection (d) and inserting in its place a new subsection (d) to read as follows:
"(d) In every county having a population of 100,000 or more according to the tfartett States decennial census of 1980 or any future such ccnaua, school School security per sonnel who are certified by the Georgia Peace Officer Standards and Training Council may be authorized by a local board of education to carry a standard issue firearm or weapon generally used for law enforcement purposes for the purpose of carrying out law enforcement duties."

WEDNESDAY, MARCH 3, 1999

1107

SECTION 5. This Act shall become effective on July 1, 1999.

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Crawford of the 129th moves to amend the Committee substitute to HB 84 as follows:
Page 2, line 3 - strike "three" and replace with "two".

Representative Williams of the 83rd moved that the House reconsider its action in adopting the Crawford amendment.

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

Alien N Anderson N Ashe N Bailey
Bannister N Barnard N Barnes N Benefield N Birdsong N Bohannon N Bordeaux N Borders N Bridges Y Brooks N Brown N Buck N Buckner N Bulloch N Bunn Y Burkhalter N Byrd Y Callaway
Campbell Y Cash N Channell N Childers N Clark N Coan N Coleman, B
Coleman, T Connell N Cooper N Cox N Crawford Y Cummings N Davis, M

N Davis, T N Day Y Dean Y DeLoach, B N DeLoach, G N Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps
E Evans N Everett N Felton N Floyd Y Franklin
N Golick
N Graves N Greene Y Grindley N Hammontree
Manner
N Harbin Y Harrell N Heard N Heckstall N Hegstrom N Hembree E Henson N Holland Y Holmes
Houston N Howard N Hudgens N Hudson, H N Hudson, N

Y Hugley
Y Irvin
N Jackson, B N Jackson, L N James N Jamieson E Jenkins
N Jennings
Jones Y Joyce N Kaye N Lane N Lewis N Lord
Lucas Y Maddox N Mann N Manning N Martin, J N Martin, J.L N Massey N McBee
McCall N McClinton
McKinney Y Millar Y Mills N Mobley N Morris N Mosley N Mueller N O'Neal
Orrock N Parham N Parrish N Parsons

N Pelote
N Pinholster
N Poag
E Ponder N Porter Y Powell N Purcell N Ragas Y Kandall N Kay
Reaves
N Reece Reed
N Reese N Reichert N Rice N Richardson N Roberts Y Rogers N Royal Y Sanders
N Sauder N Scarlett E Scheid Y Scott N Shanahan
Shaw
N Shipp N Sholar N Sims
Sinkfield
N Skipper
Y Smith, B
N Smith, C N Smith, C.W N Smith, L

E Smith, L.R N Smith, P Y Smith, T N Smith, V Y Smyre N Snelling N Snow
Squires N Stallings N Stancil
Stanley, P
Stanley- Turner N Stephens Y Stokes Y Stuckey N Taylor Y Teague N Teper N Tillman N Tolbert N Trense N Turnquest N Twiggs N Unterman
Walker, L Walker, R.L Watson N West N Westmoreland N Whitaker Y Wiles Y Williams, J N Williams, R N Wix N Yates Murphy, Spkr

On the motion, the ayes were 31, nays 120.
The motion was lost.
The following amendment was read and adopted:
Representatives Brown of the 130th and Crawford of the 129th move to amend the Com mittee substitute to HB 84 as follows:

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JOURNAL OF THE HOUSE

Add on line 15 p. 2

This section excludes any of these instruments used for classroom work authorized by the teacher.

The Committee substitute, as amended, was adopted.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefiekl Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd N Callaway
Campbell Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B
Coleman, T Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps E Evans Y Everett Y Felton Y Floyd M Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree E Henson Y Holland Y Holmes
Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson E Jenkins Y Jennings
Jones N Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney Y MiUar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y OTSTeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster
Y Poag E Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece
Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

E Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stailings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 159, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Representative Jones of the 71st stated that he had been called from the floor of the House during the preceding roll cal. He wished to be recorded as voting "aye" thereon.
HB 438. By Representatives Buck of the 135th, Royal of the 164th, Heard of the 89th, Coleman of the 142nd and Graves of the 125th: 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 in come taxes, so as to allow a corporate taxpayer to assign a Georgia income tax credit to an affiliated corporation.

WEDNESDAY, MARCH 3, 1999

1109

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 the imposition, rate, and computation of income taxes, so as to allow a corpo rate taxpayer to assign a Georgia income tax credit to an affiliated corporation; to pro vide terms, conditions, and limitations; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, is amended by adding a new Code section immediately following Code Section 48-7-41, to be designated Code Section 48-7-42, to read as follows:
"48-7-42.
(a) In lieu of claiming any Georgia income tax credit for which a corporate taxpayer otherwise is eligible for the taxable year (such eligibility being determined for this purpose without regard to any limitation imposed by reason of the taxpayer's pre-credit income tax liability), the taxpayer may elect to assign such credit in its en tirety to another corporation that is a member of the taxpayer's 'affiliated group' (within the meaning of Section 1504(a) of the Internal Revenue Code) for such taxable year by attaching a statement to the taxpayer's return for the taxable year; provided, however, that no carryover attributable to the unused portion of any previously claimed or assigned credit may be assigned or reassigned, except as provided in sub section (c) of this Code section. In the case of any credit that must be claimed in in stallments in more than one taxable year, the election under this subsection may be made on an annual basis with respect to each such installment, provided that the tax payer shall notify the commissioner with respect to the assignment of each such in stallment by filing a separate copy of the election statement for such installment no later than the time of filing of the taxpayer's state income tax return for such taxable year. Once made, an election under this subsection shall be irrevocable.
(b) The recipient of a tax credit assigned under subsection (a) of this Code section shall attach a statement to its return identifying the assignor of the tax credit, in ad dition to providing any other information required to be provided by a claimant of the assigned tax credit.
(c) If the assignor and the recipient of a tax credit assigned under subsection (a) of this Code section cease to be members of the same affiliated group, any carryover at tributable to the unused portion of such credit shall be transferred back to the as signor of the credit. Such assignor shall be permitted to use any such carryover itself, and also shall be permitted to assign such carryover to a member of the assignor's af filiated group, as if such carryover were an income tax credit for which the assignor became eligible in the taxable year in which the carryover was transferred back to the assignor.
(d) The assignor and recipient of a tax credit assigned under subsection (a) of this Code section shall be jointly and severally liable for any tax (plus interest and penal ties, if any) attributable to the disallowance or recapture of the assigned credit."

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JOURNAL OF THE HOUSE

SECTION 2.
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 Janu ary 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 substi tute, was agreed to.

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

Y Men Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon
Y Bordeaux Y Borders
Y Bridges Y Brooks Y Brown Y Buck
Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark
Y Coan Y Coleman, B
Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Day Dean
Y DeLoach, B Y DeLoach, G Y Dix Y Dixon
Y Dodson Y Dukes Y Ehrhart Y Epps E Evans Y Everett Y Felton
Floyd Y Franklin Y Golick Y Graves Y Greene
Y Grindley Y Hammontree Y Hanner
Harbin Y Harrell
Y Heard Y Heckstall Y Hegstrom Y Hembree K Henson Y Holland
Holmes Houston Y Howard Y Hudgens Y Hudson, H
Y Hudson, N

Y Hugley Irvin Jackson, B
Y Jackson, L
Y James Y Jamieson E Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning
Y Martin, J Y Martin, J.L Y Massey Y McBee
McCall
Y McClinton McKinney
Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham
Y Parrish Y Parsons

Pelote Y Pinholster Y Poag E Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece
Reed
Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper
Smith, B Y Smith, C Y Smith, C.W Y Smith, L

E Smith, L.R Y Smith, P
Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert
Trense
Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 43. By Representative Williams of the 114th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change certain provisions relating to investments of in surers; to change certain provisions relating to investment pools.
The following Committee substitute was read and adopted: A BILL

WEDNESDAY, MARCH 3, 1999

1111

To amend Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia An notated, relating to health insurance plans for public school teachers and public school employees, so as to change certain provisions relating to the health insurance fund for public school teachers; to change certain provisions relating to investment of the health insurance fund for public school employees; to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change certain provisions relating to valuation of reserves; to revise extensively provisions relating to investments of insurers; to provide for investments of life, accident and sickness, property, and casualty insurers; to change certain provisions relating to investment pools; to change certain provisions relating to investment of funds of health care corporations; to amend Title 43 of the Offi cial Code of Georgia Annotated, relating to professions and businesses, so as to change certain provisions relating to auctioneers education, research, and recovery fund; to change certain provisions relating to real estate education, research, and recovery fund; to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to change certain provisions relating to deposit of amounts from the health insurance fund available for investment in trust account and investment and withdrawal of funds; to designate and redesignate certain portions of the Code; 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.
Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for public school teachers and public school employ ees, is amended by striking subsection (b) of Code Section 20-2-891, relating to health insurance fund for public school teachers, and inserting in lieu thereof the following:
"(b) Any amounts held by the health insurance fund which are available for invest ment shall be paid over to the Office of Treasury and Fiscal Services. The director of the Office of Treasury and Fiscal Services shall deposit such funds in a trust account for credit only to the health insurance fund. The director of the Office of Treasury and Fiscal Services shall invest these health insurance funds subject to all the terms, conditions, limitations, and restrictions imposed by the laws of thia state Articles 1 and 3 of Chapter 11 of Title 33 upon domestic life insurance companies in the making and disposing of their investments. All income derived from such investment shall ac crue to the health insurance fund. When moneys are paid over to the Office of Trea sury and Fiscal Services as provided in this subsection, the commissioner shall submit an estimate of the date such funds shall no longer be available for investment. When the commissioner wishes to withdraw funds from the trust account provided for in this subsection, he or she shall submit a request for such withdrawal, in writing, to the di rector of the Office of Treasury and Fiscal Services."
SECTION 2.
Said part is further amended by striking Code Section 20-2-919, relating to investment of the health insurance fund for public school employees, and inserting in lieu thereof the following:
"20-2-919.

Any amounts held by the health insurance fund which are available for investment shall be paid over to the Office of Treasury and Fiscal Services. The director of the Of fice of Treasury and Fiscal Services shall deposit such funds in a trust account for credit only to the health insurance fund. The director of the Office of Treasury and Fiscal Services shall invest these health insurance funds subject to all the terms, con ditions, limitations, and restrictions imposed by the laws of this state Articles 1 and 3 of Chapter 11 of Title 33 upon domestic life- insurance companies in the making and

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disposing of their investments. All income derived from such investments shall accrue to the health insurance fund. When moneys are paid over to the Office of Treasury and Fiscal Services, as provided in this Code section, the commissioner shall submit an estimate of the date such funds shall no longer be available for investment. When the commissioner wishes to withdraw funds from the trust account provided for in this Code section, he or she shall submit a request for such withdrawal, in writing, to the director of the Office of Treasury and Fiscal Services."
SECTION 3.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking Code Section 33-10-14, relating to valuation of reserves including bonds and other evidences of debt, and inserting in lieu thereof the following:
"33-10-14.

(a) All bonds or other evidence of debt having a fixed term and rate of interest held by an inourcr may, if amply secured and not in default aa to principal or inter-cat, be val ucd aa follows:
(1) If purchased at par, at the par value;
(2) If purchased above or below par, on the basis of the purchaac price adjuatcd ao ao to bring the value to par at maturity and so as to yield in the meantime the ef fective rate of interest at which the purchase waa made or, in lieu of auch method, according to the accepted mcthodo of valuation aa is approved by the Commissioner;
(3) Purchase price shall in no CQBC be taken at a higher figure than the actual mar ket value nt the time of purehaoc plus actual brokerage, transfer, poatagc, or ex prosa charges paid in the acquisition of such securities; and
(4) Unless otherwise provided by valuation established or approved by the Commia oioncr, no security shall be carried at above the call price for the entire iasuc during any period within which the accurity may be so called.
(b) The Commissioner ahall have diacrction in determining the method of calculating valuco according to the rules set forth in thia Code section but no auch method or val uation ahall be inconsistent with any applicable valuation or method uocd by inaurcra in general or any auch method then currently formulated or approved by the National Association of Insurance Commiaaionoro or its successor organization. The value or amount of investments, unless otherwise specified in this chapter, and excluding as sets of separate accounts which are subject to Code Sections 33-11-65 through 33-11-67, shall be the value at which assets of an insurer are required to be reported for statutory accounting purposes as determined in accordance with procedures pre scribed in published accounting and valuation standards of the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commis sioner or as otherwise prescribed by regulation promulgated by the Commissioner."
SECTION 4.
Said title is further amended by striking and reserving Code Section 33-10-15, relating to valuation of reserves including other securities, preferred or guaranteed stocks or shares, and stock of subsidiary corporations.
SECTION 5.
Said title is further amended by striking the phrase "this chapter" and inserting in lieu thereof "this article" wherever such phrase occurs in Chapter 11, relating to investments of insurers, as follows:

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(1) In Code Section 33-11-1, relating to scope of chapter;
(2) In Code Section 33-11-2, relating to eligible investments;
(3) In Code Section 33-11-3, relating to acquisition of securities or investments by insurers generally;
(4) In Code Section 33-11-5, relating to required investments and limitations; (5) In Code Section 33-11-8, relating to foreign securities;
(6) In Code Section 33-11-16, relating to obligations issued, assumed, or guaranteed by the International Bank for Reconstruction and Development or the International Finance Corporation;
(7) In Code Section 33-11-23, relating to loans secured by pledge of securities or by pledge or assignment of life insurance policies;
(8) In Code Section 33-11-25, relating to obligations secured by first mortgage or deed of trust upon improved or income-producing real property in the United States or Canada; (9) In Code Section 33-11-26, relating to chattel mortgage loans; (10) In Code Section 33-11-27, relating to abstract plant and equipment and stocks of abstract companies; (11) In Code Section 33-11-30, relating to investment of assets in real estate ac quired for purposes of leasing; (12) In Code Section 33-11-33, relating to prohibited investments and underwriting of offering of securities or property by other persons;
(13) In Code Section 33-11-37, relating to investment of funds in excess of reserve and capital, or surplus, in authorized and approved investments;
(14) In Code Section 33-11-39, relating to time limit for disposal by insurer of real estate;
(15) In Code Section 33-11-42, relating to investments of foreign and alien insurers; and (16) In Code Section 33-11-43, relating to compliance with Secondary Mortgage Market Enhancement Act.
SECTION 6. Said title is further amended by designating the existing provisions of Chapter 11, relat ing to investments of insurers, as Article 1 of said chapter.
SECTION 7. Said title is further amended by designating the existing provisions of Code Section 33-11-1, relating to scope of article, as subsection (a) of said Code section and adding a new subsection (b) to read as follows:
"(b) The provisions of this article shall apply only to those insurers that are not sub ject to Article 2 of this chapter."
SECTION 8. Said title is further amended by striking and reserving Code Section 33-11-24, relating to life insurers' loans to policyholders secured by policies.
SECTION 9.
Said title is further amended by striking and reserving Code Section 33-11-34, relating to separate accounts of domestic life insurance companies in connection with pension, re tirement, and profit-sharing plans.

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SECTION 10.
Said title is further amended by striking and reserving Code Section 33-11-35, relating to separate accounts of domestic life insurance companies in connection with variable annuity contracts.

SECTION 11.
Said title is further amended by striking and reserving Code Section 33-11-36, relating to separate accounts of domestic life insurance companies in connection with variable life insurance policies.

SECTION 12. Said title is further amended by adding to Chapter 11 a new Article 2 to read as follows:

33-11-50.

"ARTICLE 2

(a) The purpose of this article is to protect and to further the interests of insureds, creditors, and the general public. This objective will be met by the establishment of:

(1) Prudent standards by which an insurer shall develop its investment policy and investment portfolio;

(2) A minimum financial security benchmark and a minimum asset requirement, each of which shall be supported by classes of investments and, as applicable, noninvested assets, described in this article;

(3) A level of investment discretion whereby the regulation of an insurer's invest ment practices has minimum interference with management initiative and judg ment; and

(4) A prescribed process for actions by the Commissioner to address situations where an insurer's investment policy or investment portfolio is not prudent under prevailing circumstances.

(b) This article and the regulations adopted to interpret and implement it shall apply only to domestic life, accident and sickness, property, and casualty insurers licensed pursuant to Code Section 33-3-2 to transact the classes of business described in paragraphs (1) through (5) of Code Section 33-3-5 and United States branches of simi lar alien insurers entered through this state if such entry is otherwise permitted by law.

(c) Separate accounts established in accordance with Code Sections 33-11-65 through 33-11-67 shall be governed pursuant to those Code sections.
33-11-51.

For purposes of this article, the term:

(1) 'Admitted assets' means assets permitted to be reported as admitted assets on the statutory financial statement of the insurer most recently required to be filed with the Commissioner.

(2) 'Asset-backed/mortgage-backed securities' shall include the types of securities de fined below:

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(A) 'Single-class mortgage-backed/asset-backed securities' means pass-through cer tificates and other securitized loans issued using only one class where the pay ment of interest and/or principal of the security is directly proportional to interest and/or principal received by the business entity from the loans supporting the security;
(B) 'Multiclass residential mortgage-backed securities' means mortgage-backed se curities which have been divided into two or more classes, which do not receive proportionate payments of principal and interest, each of which represents an ownership interest in instruments which are directly or indirectly secured by liens on one-family to four-family residential properties, including:
(i) 'Defined multiclass residential mortgage-backed securities' which are first liens and are rated in one of the two highest generic rating categories estab lished by a Nationally Recognized Statistical Rating Organization that is recog nized by the Securities Valuation Office in accordance with valuation standards adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner; and
(ii) 'Other multiclass residential mortgage-backed securities' which are not first liens or, if secured by first liens, are rated below the two highest generic rating categories established by a Nationally Recognized Statistical Rating Organiza tion that is recognized by the Securities Valuation Office in accordance with val uation standards adopted by the National Association of Insurance Commission ers and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner; and
(C) 'Multiclass commercial mortgage-backed/asset-backed securities' means securi ties which have been divided into two or more classes, which do not receive pro portionate payments of principal and interest, each of which represents an owner ship interest in instruments or cash flows, but not including those secured by liens on one to four family residential properties, including:
(i) 'Defined multiclass commercial mortgage-backed securities' which have been divided into two or more classes, which do not receive proportionate payments of principal and interest, each of which represents an ownership interest in in struments, directly or indirectly secured by a first lien on one or more parcels of real estate upon which is located one or more commercial structures, and rated in one of the two highest generic rating categories established by a Nationally Recognized Statistical Rating Organization that is recognized by the Securities Valuation Office in accordance with valuation standards adopted by the Na tional Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner; and
(ii) 'Other multiclass commercial mortgage-backed/asset-backed securities' which have been divided into two or more classes, which do not receive propor tionate payments of principal and interest, each of which represents an owner ship interest in instruments or cash flows, including, but not limited to, instru ments secured by liens on one or more parcels of real estate upon which is located one or more commercial structures that are not first liens or, if secured by first liens, the securities are rated below the two highest generic rating cate gories established by a Nationally Recognized Statistical Rating Organization that is recognized by the Securities Valuation Office in accordance with valua tion standards adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner.

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(2.1) 'Asset-valuation reserve' means the reserve required to be computed and re ported in the annual and quarterly financial statements, adopted for use by the Commissioner, which is designed to address the credit-related and equity risks of a domestic life or accident and sickness insurer's assets.
(3) 'Debt-like preferred stock' means an investment with the structure of a preferred stock that has the cash flow characteristics of a debt instrument.
(4) 'Counterparty exposure amount' means:
(A) The net amount of credit risk attributable to a derivative instrument entered into with a business entity other than through a qualified exchange, qualified for eign exchange, or cleared through a qualified clearinghouse ('over-the-counter de rivative instrument'). The amount of credit risk equals:
(i) The market value of the over-the-counter derivative instrument if the liqui dation of the derivative instrument would result in a final cash payment to the insurer; or
(ii) Zero if the liquidation of the derivative instrument would not result in a fi nal cash payment to the insurer;
(B) If over-the-counter derivative instruments are entered into under a written master agreement which provides for netting of payments owed by the respective parties, and the domiciliary jurisdiction of the counterparty is either within the United States or, if not within the United States, within a foreign jurisdiction listed in the NAIC Purposes and Procedures of the Securities Valuation Office as eligible for netting in accordance with procedures adopted by the National Associ ation of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Com missioner, the net amount of credit risk shall be the greater of zero or the net sum of:
(i) The market value of the over-the-counter derivative instruments entered into under the agreement, the liquidation of which would result in a final cash pay ment to the insurer; and
(ii) The market value of the over-the-counter derivative instruments entered into under the agreement, the liquidation of which would result in a final cash payment by the insurer to the business entity; and
(C) For open transactions, market value shall be determined at the end of the most recent quarter of the insurer's fiscal year and shall be reduced by the mar ket value of acceptable collateral held by the insurer or placed in escrow by one or both parties.
(5) 'Derivative instrument' means a cap, collar, floor, forward, future, option, swap, or warrant, as defined below:
(A) 'Cap' means an option contract in which the cap writer (seller), in return for a premium, agrees to limit, or cap, the cap holder's (purchaser's) risk associated with an increase in a reference rate or index;
(B) 'Collar' means a combination of a cap and a floor (one purchased and one writ ten). A collar fixes the rate between two levels (the strike prices of the cap and the floor);
(C) 'Floor' means an option contract in which the floor writer (seller), in return for a premium, agrees to limit the risk associated with a decline in a reference rate or index;

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(D) 'Forward' means a contract in which there is an agreement (other than a fu tures) between two parties that commit one party to purchase and the other to sell the instrument or commodity underlying the contract at a specified future date;
(E) 'Future' means a standardized forward contract traded on organized ex changes. Each exchange specifies the standard terms of futures contracts it spon sors. Futures contracts are available for a wide variety of underlying instruments, including insurance, agricultural commodities, minerals, debt instruments (such as U.S. Treasury bonds and bills), composite stock indices, and foreign currencies;
(F) 'Option' means a contract that gives the option holder (purchaser of the option rights) the right, but not the obligation, to enter into a transaction with the option writer (seller of the option rights) on terms specified in the contract. A call option allows the holder to buy the underlying instrument, while a put option allows the holder to sell the underlying instrument;
(G) 'Swap' means a contract to exchange, for a period of time, the investment per formance of one underlying instrument for the investment performance of another underlying instrument, typically without exchanging the instruments themselves. An interest rate swap is a contractual agreement between two parties to exchange interest rate payments (usually fixed for variable) based on a specified amount of underlying assets or liabilities (known as the notional amount) for a specified pe riod. The swap does not involve an exchange of principal. The result of these transactions is to transform payments from a variable rate to a fixed rate, from a fixed rate to a variable rate or from one variable rate index to another variable rate index; and
(H) "Warrant" means an instrument that gives the holder the right to purchase an underlying financial instrument at a given price and time or at a series of prices and times outlined in the warrant agreement.
(6) 'Derivative transaction' means a transaction involving the use of one or more de rivative instruments.
(7) 'Domestic jurisdiction' means the United States, Canada, any state, any province of Canada, or any political subdivision of any of the foregoing.
(8) 'Equity-like preferred stock' means an investment with the structure of a pre ferred stock that has the characteristics of an equity instrument.
(9) 'Government sponsored enterprise' means a:
(A) Governmental agency; or
(B) Corporation, limited liability company, association, partnership, joint stock company, joint venture, trust or other entity or instrumentality organized under the laws of any domestic jurisdiction to accomplish a public policy or other govern mental purpose.
(10) 'Hedging transaction' means a derivative transaction which is entered into and maintained to reduce or manage:
(A) The risk of a change in the value, yield, price, cash flow, or quantity of assets or liabilities which the insurer has acquired or incurred or anticipates acquiring or incurring; or
(B) The currency exchange rate risk or the degree of exposure as to assets or lia bilities which an insurer has acquired or incurred or anticipates acquiring or incuring.

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(11) 'High grade investment' means an investment rated 1 or 2 by the Securities Valuation Office or any successor office, in accordance with valuation standards adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regula tion promulgated by the Commissioner.
(12) 'Lower grade investment' means an investment rated 4, 5, or 6 by the Securi ties Valuation Office or any successor office in accordance with valuation standards adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regula tion promulgated by the Commissioner.
(13) 'Medium grade investment' means an investment rated 3 by the Securities Val uation Office or any successor office in accordance with valuation standards adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promul gated by the Commissioner.
(14) 'Minimum asset requirement' means the sum of an insurer's liabilities and its minimum financial security benchmark.
(15) 'Minimum financial security benchmark' means the amount an insurer is re quired to maintain under Code Section 33-11-52.
(16) 'Potential exposure' means the amount determined in accordance with the NAIC Annual Statement Instructions adopted by the National Association of Insur ance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner.
(17) 'Replication' means a derivative transaction involving one or more derivative instruments being used to modify the cash flow characteristics of one or more in vestments held by an insurer in a manner so that the aggregate cash flows of the derivative instruments and investments reproduce the cash flows of another invest ment having a higher risk-based capital charge than the risk-based capital charge of the original investments or investments.
(18) 'Special rated credit instrument' means an asset-backed/mortgage-backed secur ity authorized by paragraph (2) of Code Section 33-11-55 where the investment is structured such that:
(A) The payments are the interest only portion of the underlying collateral;
(B) Such payments are reduced as the balance of the underlying collateral is re duced; and
(C) Such reduction may cause a significant loss of the original investment. For purposes of this subparagraph, 'significant' shall mean a loss of 15 percent or

(19) 'SVO listed mutual fund' means a money market mutual fund or short-term bond fund that is registered with the United States Securities and Exchange Com mission under the Investment Company Act of 1940, and that has been determined by the Securities Valuation Office or any successor office in accordance with valua tion standards adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner to be eligible for special reserve and reporting treatment other than as common stock.

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33-11-52.
(a)(l) Unless otherwise established in accordance with paragraphs (2) and (3) of this subsection, the amount of the minimum financial security benchmark for an insurer shall be the greater of:
(A) The authorized control level risk-based capital applicable to the insurer as set forth by Code Section 33-56-3 less the asset valuation reserve and voluntary in vestment reserves as defined by the valuation procedures in Code Section 33-10-14; or
(B) The minimum capital and surplus required by this title for maintenance of an insurer's certificate of authority.
(2) The Commissioner may, in accordance with the factors in paragraph (2) of sub section (b) of this Code section, establish by order a minimum financial security benchmark to apply to a specific insurer provided it is not less than the amount de termined by paragraph (1) of this subsection.
(3) The Commissioner may establish by regulation a minimum financial security benchmark that is a multiple of authorized control level risk-based capital to apply to any class of insurers provided the amount established by the regulation is not less than the amount determined in paragraph (1) of this subsection.
(b) The Commissioner shall determine the amount of surplus that shall constitute an insurer's minimum financial security benchmark, as an amount that will provide rea sonable security against contingencies affecting the insurer's financial position that are not fully covered by reserves or by reinsurance.
(1) The Commissioner shall consider the risks of the following types of contingencies:
(A) Increases in the frequency or severity of losses beyond the levels contemplated by the rates charged;
(B) Increases in expenses beyond those contemplated by the rates charged;
(C) Decreases in the value of or the return on invested assets below those planned on;
(D) Changes in economic conditions that would make liquidity more important than contemplated and would force untimely sale of assets or prevent timely investments;
(E) Currency devaluation to which the insurer may be subject; and
(F) Any other contingencies the Commissioner can identify that may affect the in surer's operations.
(2) In determining an insurer's minimum financial security benchmark under this subsection, the Commissioner shall take into account the following factors:
(A) The most reliable information available as to the magnitude of the various risks under paragraph (1) of this subsection;
(B) The extent to which the risks in paragraph (1) of this subsection are indepen dent of each other or are related, and whether any dependency is direct or inverse;
(C) The insurer's recent history of profits or losses;
(D) The extent to which the insurer has provided protection against the contin gencies in other ways than the establishment of surplus; including redundancy of premiums, adjustability of contracts under their terms, investment valuation reserves whether voluntary or mandatory, appropriate reinsurance, the use of con-

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servative actuarial assumptions to provide a margin of security, reserve adjust ments in recognition of previous rate inadequacies, contingency or catastrophe reserves, diversification of assets and underwriting risks;
(E) Independent judgments of the soundness of the insurer's operations, as evi denced by the ratings of reliable professional financial reporting services; and
(F) Any other relevant factors.
(3) An insurer subject to the provisions of this article shall invest and maintain in vested funds not less in amount than the minimum financial security benchmark only in the following:
(A) Cash;
(B) Certificates of deposit or similar certificates or evidences of deposit in banks and trust companies to the extent that the certificates or deposits are insured by the Federal Deposit Insurance Corporation;
(C) Savings accounts, certificates of deposit, or similar certificates or evidences of deposit in savings and loan associations and building an loan associations to the extent that the same are insured by the Savings Association Insurance Fund of the Federal Deposit Insurance Corporation;
(D) Bonds, notes, warrants, and other evidences of indebtedness which are direct obligations of the government of the United States of America or for which the full faith and credit of the government of the United States of America is pledged for the payment of principal and interest;
(E) Loans guaranteed as to principal and interest by the government of the United States of America, or by any agency or instrumentality of the government of the United States of America, to the extent of such guaranty;
(F) Bonds, notes, warrants, and other securities not in default which are the di rect obligations of any domestic jurisdiction, or for which the full faith and credit of such domestic jurisdiction has been pledged for the payment of principal and interest;
(G) The obligations of any county, any incorporated city, town, or village, any school district, water district, sewer district, road district, or any special district, or any other political subdivision or public authority of any state, territory, or in sular possession of the United States, or of the District of Columbia, or of the Ca nadian cities having a population of over 25,000 according to the most recent offi cial census, which has not defaulted for a period of 120 days in the payment of interest upon, or for a period of more than one year in the payment of principal of, any of its bonds, notes, warrants, certificates of indebtedness, securities, or any other interest-bearing obligation during the five years immediately preceding the acquisition of the investment;
(H) Bonds, notes, or other evidences of indebtedness, in addition to those eligible corporate bonds and debentures, which are secured by first mortgages on real es tate situated within a domestic jurisdiction, or purchase money mortgages or like securities received upon the sale or exchange of real property acquired; provided, however, that not more than 45 percent in the case of life insurers, and not more than 25 percent in the case of nonlife insurers, of the minimum financial security benchmark may be made up of such investments;
(I) High grade investments in corporate bonds and debentures having a remain ing maturity of five years or less; and
(J) Any other investment not otherwise prohibited by this article that is consid ered exempt from risk based capital requirements pursuant to Code Section 33-56-2 in accordance with risk-based capital instructions adopted by the National

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Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner. 33-11-53.
The following factors shall be evaluated by the insurer and considered along with its business in determining whether an investment portfolio or investment policy is pru dent, and the Commissioner shall consider the following factors prior to making a de termination that an insurer's investment portfolio or investment policy is not prudent:
(1) General economic conditions;
(2) The possible effect of inflation or deflation;
(3) The expected tax consequences of investment decisions or strategies;
(4) The fairness and reasonableness of the terms of an investment considering its probable risk and reward characteristics and relationship to the investment portfolio as a whole;
(5) The extent of the diversification of the insurer's investments among: (A) Individual investments; (B) Classes of investments; (C) Industry concentrations; (D) Dates of maturity; and (E) Geographic areas;
(6) The quality and liquidity of investments in affiliates;
(7) The investment exposure to the following risks, quantified in a manner consis tent with the insurer's acceptable risk level appropriate for the insurer given the level of capitalization and expertise available to the insurer:
(A) Liquidity; (B) Credit and default; (C) Systemic (market); (D) Interest rate; (E) Call, prepayment and extension; (F) Currency; and (G) Foreign sovereign, political subdivision, and corporate;
(8) The amount of the insurer's assets, capital and surplus, premium writings, in surance in force, and other appropriate characteristics;
(9) The amount and adequacy of the insurer's reported liabilities;
(10) The relationship of the expected cash flows of the insurer's assets and liabili ties, and the risk of adverse changes in the insurer's assets and liabilities;
(11) The adequacy of the insurer's capital and surplus to secure the risks and liabil ities of the insurer; and

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(12) Any other factors appropriate for consideration and relevant to whether an in vestment is prudent.

33-11-54.
(a) An insurer's board of directors shall adopt a written plan for acquiring and holding investments and for engaging in investment practices that specifies guidelines as to the quality, maturity, and diversification of investments and other specifications, in cluding investment strategies intended to assure that the investments and investment practices are appropriate for the business conducted by the insurer, its liquidity needs, and its capital and surplus. The board shall review and assess the insurer's technical investment and administrative capabilities and expertise before adopting a written plan concerning an investment strategy or investment practice.
(b) Investments acquired and held under this article shall be acquired and held under the supervision and direction of the board of directors of the insurer. The board of di rectors shall evidence by formal resolution, at least annually, that it has determined whether all investments have been made in accordance with delegations, standards, limitations, and investment objectives prescribed by the board or a committee of the board charged with the responsibility to direct its investments.
(c) On no less than a quarterly basis, and more often if deemed appropriate, an in surer's board of directors or committee of the board of directors shall:
(1) Receive and review a summary report on the insurer's investment portfolio, its investment activities, and investment practices engaged in under delegated author ity, in order to determine whether the investment activity of the insurer is consis tent with its written plan; and
(2) Review and revise, as appropriate, the written plan.
(d) In discharging its duties under this Code section, the board of directors shall re quire that records of any authorizations or approvals, other documentation as the board may require, and reports of any action taken under authority delegated under the plan referred to in subsection (a) of this Code section shall be made available on a regular basis to the board of directors.
(e) If an insurer does not have a board of directors, all references to the board of di rectors in this article shall be deemed to be references to the governing body of the in surer having authority equivalent to that of a board of directors.
(f) In discharging their duties under this Code section, the directors of an insurer shall perform their duties to the same degree required by Code Section 14-2-830.

33-11-55.
(a) The following classes of investments are are eligible for support of an insurer's out standing liabilities, whether they are made directly or through limited partnership in terests, joint ventures, stock of an investment subsidiary or membership interests in a limited liability company, trust certificates, participation certificates, or other similar instruments and, with the prior written approval of the Commissioner, general part nership interests:
(1) Cash;

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(2) Bonds, investment pools, trust certificates, asset-backed/mortgage-backed securi ties, SVO listed mutual funds, debt-like preferred stock, or evidences of indebted ness of governmental units or government sponsored enterprises of a domestic ju risdiction, or private business entities domiciled in a domestic jurisdiction;
(3)(A) Obligations secured by mortgages on real estate situated within a domestic jurisdiction, in an aggregate amount which, together with those investments made pursuant to paragraph (6) of this subsection, does not exceed 45 percent of admit ted assets in the case of life insurers and 25 percent in the case of nonlife insur ers; but a mortgage loan which is secured by other than a first lien may only be acquired when:
(i) The insurer is the holder of the first lien; or
(ii) No senior loan is cross-collateralized or cross-defaulted with another mort gage loan secured by real estate, and the insurer has the right to cure a default on any senior loans.
(B) The obligations held by the insurer and any obligations with an equal lien pri ority shall not, at the time of acquisition of the obligation, exceed:
(i) Ninety percent of the fair market value of the real estate, if the mortgage loan is secured by a purchase money mortgage or like security received by the insurer upon disposition of the real estate;
(ii) Eighty percent of the fair market value of the real estate, if the mortgage loan requires immediate scheduled payment in periodic installments of principal and interest, has an amortization period of 30 years or less, and has periodic payments made no less frequently than annually. Each periodic payment shall be sufficient to assure that at all times the outstanding principal balance of the mortgage loan shall be not greater than the outstanding principal balance that would be outstanding under a mortgage loan with the same original principal balance, with the same interest rate and requiring equal payments of principal and interest with the same frequency over the same amortization period. Mort gage loans permitted under this subsection are permitted notwithstanding the fact that they provide for a payment of the principal balance prior to the end of the period of amortization of the loan. For residential mortgage loans, the 80 percent limitation may be increased to 97 percent if acceptable private mortgage insurance has been obtained; or
(iii) Seventy-five percent of the fair market value of the real estate for mortgage loans that do not meet the requirements of division (i) or (ii) of this subparagraph.
(C) For purposes of subparagraph (A) of this paragraph, the amount of an obliga tion required to be included in the calculation of the loan-to-value ratio may be re duced to the extent the obligation is insured by the Federal Housing Administra tion or guaranteed by the United States Department of Veterans Affairs, or their successors.
(D) Subject to the limitations of Code Section 33-11-58, credit tenant loans with the following characteristics shall be exempt from the provisions of subparagraph (B) of this paragraph:
(i) The loan amortizes over the initial fixed lease term at least in an amount sufficient so that the loan balance at the end of the lease term does not exceed the original appraised value of the real estate;
(ii) The lease payments cover or exceed the total debt service over the life of the loan;
(iii) A tenant or its affiliated entity whose outstanding obligations have a high grade designation or a comparable rating from a Nationally Recognized Statisti cal Rating Organization recognized by the Securities Valuation Office or any successor office in accordance with valuation standards adopted by the National

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Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner and where the tenant or its affiliated entity has a full faith and credit obligation to make the lease payments;
(iv) The insurer holds or is the beneficial holder of a first lien mortgage on the real estate;
(v) The expenses of the real estate are passed through to the tenant, excluding exterior, structural, parking, and heating, ventilation, and air conditioning re placement expenses, unless annual escrow contributions from cash flows derived from the lease payments cover the expense shortfall; and
(vi) There is a perfected assignment of the rents due pursuant to the lease to, or for the benefit of, the insurer.
(E) An insurer shall not acquire an investment under this paragraph if, as a re sult of and after giving effect to the investment, the aggregate amount of all in vestments then held by the insurer under this paragraph would exceed:
(i) Four percent of its admitted assets in mortgage loans covering any one se cured location;
(ii) One percent of its admitted assets in construction loans covering any one se cured location; or
(iii) Eight percent of its admitted assets in construction loans in the aggregate;
(4) Common stock or equity-like preferred stock or equity interests in any business entity in a domestic jurisdiction, or shares of mutual funds registered with the Se curities and Exchange Commission of the United States under the Investment Com pany Act of 1940, other than Securities Valuation Office listed mutual funds, in an amount not exceeding 20 percent of admitted assets in the case of life insurers, and 25 percent in the case of nonlife insurers;
(5) Real property for the convenient accommodation of the insurer's (which may in clude its affiliates) business operations, including home office, branch office, and field office operations, in an amount not exceeding 10 percent of admitted assets;
(A) Real estate acquired under this paragraph may include excess space for rent to others, if the excess space, valued at its fair market value, would otherwise be a permitted investment under paragraph (6) of this subsection and is so qualified by the insurer;
(B) The real estate acquired under this paragraph may be subject to one or more mortgages, liens, or other encumbrances, the amount of which shall, to the extent that the obligations secured by the mortgages, liens, or encumbrances are without recourse to the insurer, be deducted from the amount of the investment of the in surer in the real estate for purposes of determining compliance with this Code section; and
(C) For purposes of this paragraph, business operations shall not include that por tion of real estate used for the direct provision of health care services by an acci dent and sickness insurer for its insureds. An insurer may acquire real estate used for these purposes under paragraph (6) of this subsection;
(6) Real property, together with the fixtures, furniture, furnishings, and equipment pertaining thereto situated in a domestic jurisdiction, in an amount not exceeding 20 percent of admitted assets in the case of life insurers, and 10 percent in the case of nonlife insurers. Real estate acquired under this paragraph:
(A) Shall be income producing or intended for improvement or development for in vestment purposes under an existing program (in which case the real estate shall be deemed to be income producing);

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(B) May be subject to mortgages, liens, or other encumbrances, the amount of which shall, to the extent that the obligations secured by the mortgages, liens, or encumbrances are without recourse to the insurer, be deducted from the amount of the investment of the insurer in the real estate for purposes of determining compliance with subparagraph (C) of this paragraph; and
(C) An insurer shall not acquire an investment under this paragraph if, as a re sult of and after giving effect to the investment and any outstanding guarantees made by the insurer in connection with the investment, the aggregate amount of investments then held by the insurer under this paragraph plus the guarantees then outstanding would exceed:
(i) Four percent of its admitted assets in one parcel or group of contiguous par cels of real estate, except that this limitation shall not apply to that portion of real estate used for the direct provision of health care services by an accident and sickness insurer for its insureds, such as hospitals, medical clinics, medical professional buildings, or other health facilities used for the purpose of provid ing health services; or
(ii) Fifteen percent of its admitted assets in the aggregate;
(7) Loans, securities, or other investments of the types described in paragraphs (1) through (6) of this subsection in countries other than the United States and Canada; provided that the aggregate amount of investments shall not exceed 20 percent of admitted assets;
(8) Bonds or other evidences of indebtedness of international development organiza tions of which the United States is a member, in an amount not exceeding 5 percent of admitted assets in each organization;
(9) Loans upon the security of the insurer's own policies in amounts that are ade quately secured by the policies and that in no case exceed the surrender values of the policies;
(10) Tangible personal property under contract of sale or lease under which contrac tual payments may reasonably be expected to return the principal of and provide earnings on the investment within its anticipated useful life, in an amount not ex ceeding 2 percent of admitted assets;
(11) Loans guaranteed as to principal and interest by the Georgia Higher Education Assistance Corporation, to the extent of such guaranty;
(12) Chattel mortgage loans as follows:
(A) In connection with a loan on the security of real estate designed and used pri marily for residential purposes only, which loan was acquired in accordance with paragraph (3) of subsection (a) of this Code section, an insurer may lend or invest an amount not exceeding 20 percent of the amount loaned on a chattel mortgage to be amortized by regular periodic payments within a term of not more than five years, and representing a first and prior lien, except for taxes not then delin quent, on personal property constituting durable equipment owned by the mortga gor or security grantor and kept and used in the mortgaged premises;
(B) For the purpose of this paragraph, the term 'durable equipment' shall include only mechanical refrigerators, air-conditioning equipment, mechanical laundering machines, heating and cooking stoves and ranges, and in addition, in the case of apartment houses and hotels, room furniture and furnishings;
(C) Prior to the acquisition of a chattel mortgage as prescribed by this Code sec tion, items of property to be included in such mortgage shall be separately ap praised by a qualified appraiser and the fair market value of such items of prop-

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erty determined. No chattel mortgage loan shall exceed in amount the same ratio of loan to the value of the property as is applicable to the companion loan on the real property; and (D) This paragraph shall not prohibit an insurer from taking liens on personal property as additional security for any investment otherwise eligible under this article;
(13)(A) If real property securing any evidence of indebtedness held by an insurer is used for agricultural purposes and a proceeding to foreclose the security instru ment or an insolvency proceeding relating to the mortgagor has been commenced or, if the mortgagor has made an assignment for the benefit of creditors, the in surer may, for the purpose of preserving or enhancing the earnings of the property:
(i) Purchase agricultural livestock or equipment and utilize the same or cause the same to be utilized in the operation of the property by the mortgagor, or a receiver or trustee, or by the insurer-creditor; or (ii) Lend up to the value of any agricultural equipment or livestock which may be used in the operation of the property, on the security of a first lien on the equipment and livestock. (B) Nothing in this Code section shall be deemed to limit any right which the in surer may otherwise have under or with respect to any loan, mortgage, or investment;
(14) Subject to prior approval of the Commissioner, an insurer may acquire and hold real property for recreation, hospitalization, convalescence, and retirement pur poses of its employees. All investments under this paragraph shall not exceed 5 per cent of the insurer's surplus; or, if a mutual or reciprocal insurer, all of those invest ments shall not exceed 5 percent of the insurer's surplus in excess of the surplus required to be maintained under this title for its authority to transact insurance;
(15) Other investments the Commissioner authorizes by regulation; and
(16) Investments not otherwise expressly permitted by this Code section but not specifically prohibited by statute, to the extent of not more than 10 percent of the insurer's admitted assets.
(b) An insurer may exceed the aggregate limitation contained in paragraph (3) of sub section (a) of this Code section by no more than 30 percent of its admitted assets if:
(1) This increased amount is invested only in residential mortgage loans;
(2) The insurer has no more than 10 percent of its admitted assets invested in mort gage loans other than residential mortgage loans;
(3) The loan-to-value ratio of each residential mortgage loan does not exceed 60 per cent at the time the mortgage loan is qualified under this increased authority, and the fair market value is supported by an appraisal no more than two years old, pre pared by an independent appraiser; and
(4) A single mortgage loan qualified under this increased authority shall not exceed 0.5 percent of its admitted assets.
(c) With the permission of the Commissioner, additional amounts of real estate may be acquired under paragraph (5) of subsection (a) of this Code section. 33-11-56.

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(a) An insurer may, directly or indirectly through an investment subsidiary, engage in derivative transactions under this article under the following conditions:
(1) An insurer may use derivative instruments under this Code section to engage in hedging transactions which manage risk and certain income generation transac tions, as these terms may be further defined in regulation promulgated by the Commissioner;
(2) An insurer shall be able to demonstrate to the Commissioner the intended hedg ing characteristics and the ongoing effectiveness of the derivative transaction or combination of the transactions through cash flow testing or other appropriate anal yses. An insurer may use derivative instruments for replication transactions. The Commissioner shall promulgate reasonable rules that set forth methods of disclo sure, reserving for risk-based capital, and determining the asset valuation reserve where appropriate for these investments. Any asset being replicated is subject to all the provisions and limitations on the making thereof specified in this article with respect to investments by the insurer as if the transaction constituted a direct in vestment by the insurer in the replicated asset, provided that the aggregate state ment value of derivative instruments used for replication transactions does not ex ceed 10 percent of its admitted assets;
(3) With respect to all hedging transactions, an insurer shall be able to demonstrate to the Commissioner the intended hedging characteristics and the ongoing effective ness of the derivative transaction or combination of the transactions through cash flow testing or other appropriate analyses;
(4) An insurer may enter into hedging transactions under this Code section if, as a result of and after giving effect to the transaction:
(A) The aggregate statement value of options, caps, floors and warrants not at tached to another financial instrument purchased and used in hedging transac tions does not exceed 10 percent of its admitted assets;
(B) The aggregate statement value of options, caps, and floors written in hedging transactions does not exceed 10 percent of its admitted assets; and
(C) The aggregate potential exposure of collars, swaps, forwards, and futures used in hedging transactions does not exceed 10 percent of its admitted assets;
(5) An insurer may only enter into the types of income generation transactions de scribed in subparagraphs (A) through (D) of this paragraph if, as a result of and af ter giving effect to the transactions, the aggregate statement value of the fixed in come assets that are subject to call or that generate the cash flows for payments under the caps or floors, plus the face value of fixed income securities underlying a derivative instrument subject to call, plus the amount of the purchase obligations under the puts, does not exceed 10 percent of its admitted assets:
(A) Sales of covered call options on noncallable fixed income securities, callable fixed income securities if the option expires by its terms prior to the end of the noncallable period, or derivative instruments based on fixed income securities;
(B) Sales of covered call options on equity securities, if the insurer holds in its portfolio, or can immediately acquire through the exercise of options, warrants, or conversion rights already owned, the equity securities subject to call during the complete term of the call option sold;
(C) Sales of covered puts on investments that the insurer is permitted to acquire under this article, if the insurer has escrowed, or entered into a custodian agree ment segregating, cash or cash equivalents with a market value equal to the amount of its purchase obligations under the put during the complete term of the put option sold; or

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(D) Sales of covered caps or floors, if the insurer holds in its portfolio the invest ments generating the cash flow to make the required payments under the caps or floors during the complete term that the cap or floor is outstanding; and
(6) An insurer shall include all counterparty exposure amounts in determining com pliance with the limitations of this article.
(b) The Commissioner may approve additional transactions involving the use of deriv ative instruments in excess of the limits of this Code section or for other risk manage ment purposes under regulations promulgated by the Commissioner. 33-11-57.
(a) Investments not conforming to this article shall not be admitted assets.
(b) Subject to subsection (c) of this Code section, an insurer shall not acquire or hold an investment as an admitted asset unless at the time of acquisition it is:
(1) Eligible for the payment or accrual of interest or discount (whether in cash or other forms of income or securities), eligible to receive dividends or other distribu tions, or is otherwise income producing;
(2) Acquired under Code Section 33-11-55, Code Section 33-11-56, or Code Section 33-11-63, as a result of securities lending, repurchase, reverse repurchase, dollar roll transactions or, if a life insurer, the administration of policy loans; or
(3) Under the authority of provisions of this chapter other than this article.
(c) An insurer may acquire or hold as admitted assets investments that do not other wise qualify as provided in this article if the insurer has not acquired them for the purpose of circumventing any limitations contained in this article, the insurer com plies with the provisions of Code Section 33-11-60 and values such investments in ac cordance with Code Section 33-10-14, and if the insurer acquires the investments in the following circumstances:
(1) As payment on account of existing indebtedness or in connection with the refi nancing, restructuring, or workout of existing indebtedness, if taken to protect the insurer's interest in that investment;
(2) As realization on collateral for an obligation;
(3) In connection with an otherwise qualified investment or investment practice, as interest on or a dividend or other distribution related to the investment or invest ment practice or in connection with the refinancing of the investment, in each case for no additional or only nominal consideration;
(4) Under a lawful and bona fide agreement of recapitalization or voluntary or in voluntary reorganization in connection with an investment held by the insurer; or
(5) Under a bulk reinsurance, merger, or consolidation transaction approved by the Commissioner if the assets constitute admissible investments for the ceding, merged, or consolidated companies.
(d) An investment or portion of an investment acquired by an insurer under subsec tion (c) of this Code section shall become a nonadmitted asset three years (or five years in the case of mortgage loans and real estate) from the date of its acquisition, unless within that period the investment has become a qualified investment under a

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provision of this article other than subsection (c) of this Code section, but an invest ment acquired under an agreement of bulk reinsurance, merger, or consolidation may be qualified for a longer period if so provided in the plan for reinsurance, merger, or consolidation as approved by the Commissioner. Upon application by the insurer and a showing that the nonadmission of an asset held under subsection (c) of this Code sec tion would materially injure the interests of the insurer, the Commissioner may ex tend the period for admissibility for an additional reasonable period of time.
(e) Except as provided in subsections (f) and (h) of this Code section, an investment acquired or committed to be acquired prior to the effective date of this article shall qualify under this article if, on the date the insurer committed to acquire the invest ment or on the date of its acquisition, it would have qualified under provisions of this chapter then in effect. For the purposes of determining limitations contained in this article, an insurer shall give appropriate recognition to any commitments to acquire investments.
(f)(l) Each specific transaction constituting an investment practice of the type de scribed in this article that was lawfully entered into by an insurer and was in effect on the effective date of this article shall continue to be permitted under this article until its expiration or termination under its terms.
(2) A mortgage made pursuant to Code Section 33-11-55 or held as an admitted as set pursuant to paragraph (1) of this subsection shall remain qualified as an admit ted asset regardless of any refinancing, modification, or extension of such mortgage loan.
(g) Unless otherwise specified, an investment limitation computed on the basis of an insurer's admitted assets or capital and surplus shall relate to the amount required to be shown on the statutory balance sheet of the insurer most recently required to be filed with the Commissioner.
(h) An investment qualified, in whole or in part, for acquisition or holding as an ad mitted asset may be qualified or requalified at the time of acquisition or a later date, in whole or in part, under any other provision of this article, if the relevant conditions contained in such other provision are satisfied at the time of qualification or requalification.
(i) An insurer shall maintain documentation demonstrating that investments were ac quired in accordance with this article and specifying the Code section under which they were acquired.
(j) An insurer shall not enter into an agreement to purchase securities in advance of their issuance for resale to the public as part of a distribution of the securities by the issuer or otherwise guarantee the distribution, except that an insurer may acquire pri vately placed securities with registration rights.
(k) Notwithstanding the provisions of this article, the Commissioner, for good cause, may order under an insurer to nonadmit, limit, dispose of, withdraw from, or discon tinue an investment or investment practice. The authority of the Commissioner under this subsection is in addition to any other authority of the Commissioner.
(1) Insurance futures and insurance futures options are not considered investments or investment practices for purposes of this article.

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33-11-58.
(a)(l) For purposes of determining compliance with Code Section 33-11-61, securities of a single issuer and its affiliates, other than:
(A) The government of the United States; or (B) Government sponsored enterprises,
shall not exceed 10 percent of admitted assets.
(2) This limitation shall not apply to the aggregate amounts insured by a single fi nancial guaranty insurer with the highest generic rating issued by a Nationally Rec ognized Statistical Rating Organization.
(b) For the purpose of determining compliance with the limitations of this Code sec tion, the admitted portion of assets of subsidiaries authorized under Code Section 33-13-2 shall be deemed to be owned directly by the insurer and any other investors in proportion to the market value or, if there is no market, the reasonable value, of their interest in the subsidiaries.
(c) To the extent that investments exceed the limitations specified in subsections (a) and (b) of this Code section, the excess may be assigned to the investment class au thorized in paragraph (15) of Code Section 33-11-55, until that limit is exhausted.
(d) Unless otherwise specified, an investment limitation computed on the basis of an insurer's admitted assets or capital and surplus shall relate to the amount required to be shown on the statutory balance sheet of the insurer most recently required to be filed with the Commissioner.
(e) Notwithstanding any provision of the federal Secondary Mortgage Enhancement Act, 15 U.S.C. Section 77r-l, to the contrary, any insurer subject to the provisions of this article shall comply with all restrictions and limitations concerning investments provided in this article.
(f) Notwithstanding any other provision of this article, an insurer authorized to trans act insurance in a foreign country may make investments, in a manner consistent with the laws of such country, in securities or other investments which are similar in characteristics and quality to like investments required pursuant to this chapter for investments in the United States of America. The aggregate amount of the invest ments must not exceed the amount which is customary and necessary for the servicing of the insurance which the insurer has in force in the foreign country.
(g) Subject to the restrictions and limitations provided in this article, an insurer may invest in bonds, notes, warrants, and other securities not in default which are the di rect obligations of the government of any foreign country for which the full faith and credit of such government has been pledged for the payment of principal and interest, provided such securities are listed as high by a securities rating organization accepted by the National Association of Insurance Commissioners in accordance with valuation standards adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner. 33-11-59.
An insurer doing business that requires it to make payment in different currencies shall have investments in securities in each of these currencies in an amount that in dependently of all other investments meets the requirements of this article as applied separately to the insurer's obligations in each currency. The Commissioner may by or-

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der exempt an insurer, or by regulation a class of insurers, from this requirement if the obligations in other currencies are small enough that no significant problem for fi nancial solidity would be created by substantial fluctuations in relative currency values.

33-11-60.
In addition to investments excluded or prohibited pursuant to other provisions of this article, an insurer shall not, directly or indirectly:
(1) Engage on its own behalf or through one or more affiliates in a transaction or series of transactions designed to evade the prohibitions of this article; or
(2) Invest in or lend its funds upon the security of shares of its own stock, except that an insurer may acquire shares of its own stock for the following purposes, but the shares shall not be admitted assets of the insurer:

(A) Conversion of a stock insurer into a mutual or reciprocal insurer or a mutual or reciprocal insurer into a stock insurer;

(B) Issuance to the insurer's officers, employees or agents in connection with a plan approved by the Commissioner for converting a publicly held insurer into a privately held insurer or in connection with other stock option and employee bene fit plans; or

(C) In accordance with any other plan approved by the Commissioner.
33-11-61.
(a) Invested assets may be counted toward satisfaction of the minimum asset require ment only so far as they are invested in compliance with this article and applicable regulations promulgated and orders issued by the Commissioner pursuant to this arti cle. Assets other than invested assets may be counted toward satisfaction of the mini mum asset requirement at admitted annual statement value.
(b) An investment held as an admitted asset by an insurer on the effective date of this article which qualified under Article 1 of this chapter shall remain qualified as an ad mitted asset under this article.
(c) If an insurer does not own, or is unable to apply toward compliance with this arti cle, an amount of assets equal to its minimum asset requirement, the Commissioner may deem it to be financially hazardous under Chapter 37 of this title.

33-11-62.
(a) The Commissioner may retain at the insurer's expense attorneys, actuaries, ac countants, and other experts not otherwise a part of the Commissioner's staff as may be reasonably necessary to assist in reviewing the insurer's investments. Persons so retained shall be under the direction and control of the Commissioner and shall act in a purely advisory capacity.
(b) The investment policy or information related to the investment policy provided to the Commissioner for review under this article shall be considered confidential and shall not be a public record for purposes of Article 4 of Chapter 18 of Title 50 or sub ject to subpoena, and shall be subject to disclosure only as required for purposes of and in accordance with this title.

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33-11-63.
(a) If the Commissioner determines that an insurer's investment practices do not meet the provisions of this article, the Commissioner may, after notification to the insurer of the Commissioner's findings, order the insurer to make changes necessary to com ply with the provisions of this article.
(b) If the Commissioner determines that by reason of the financial condition, current investment practice, or current investment plan of an insurer, the interests of insureds, creditors, or the general public are or may be endangered, the Commissioner may impose reasonable additional restrictions upon the admissibility or valuation of investments or may impose restrictions on the investment practices of an insurer, in cluding prohibition or divestment.
(c) If the Commissioner is satisfied by evidence of an insurer's financial strength and the competence of management and its investment advisors, the Commissioner may count toward satisfaction of the minimum asset requirement any other investment not specifically prohibited by this article to the extent that the Commissioner is satisfied that the interests of insureds, creditors, and the general public of this state are protected.
33-11-64.
(a) An insurer shall not acquire an investment under this article if, as a result of and after giving effect to the investment, the aggregate amount of all investments then held by the insurer under this article would exceed:
(1) For medium and lower grade investments, 20 percent of admitted assets;
(2) For lower grade investments, 10 percent of admitted assets;
(3) For investments rated 5 or 6 by the Securities Valuation Office or any successor office pursuant to the valuation procedures of Code Section 33-10-14, 5 percent of admitted assets; or
(4) For investments rated 6 by the Securities Valuation Office or any successor office pursuant to the valuation procedures of Code Section 33-10-14, 1 percent of admit ted assets.
(b) The aggregate amount of special rated credit instruments held by an insurer pur suant to the valuation procedures of Code Section 33-10-14 shall not exceed 10 percent of admitted assets.
33-11-65.
(a) Any domestic life insurance company may establish one or more separate accounts and may allocate to such separate account or accounts, in accordance with the terms of a written agreement, any amounts paid to the company in connection with a pen sion, retirement, or profit-sharing plan, which is established by or in behalf of any group listed in Code Section 33-27-1, which are to be applied to provide benefits paya ble in fixed or variable dollar amounts.
(b) The amounts allocated to each account and accumulations thereon may be invested and reinvested in any class of investments which may be authorized in the written agreement without regard to any requirements or limitations prescribed by the laws of this state governing the investments of domestic life insurance companies, provided that, to the extent that the company's reserve liability with regard to benefits guaran teed as to amount and duration and funds guaranteed as to principal amount or

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stated rate of interest is maintained in any separate account, a portion of the assets of such separate account at least equal to such reserve liability shall be invested in ac cordance with the laws of this state governing the investment of reserves of domestic life insurance companies, as set forth in this article. The investments in such separate account or accounts shall not be taken into account in applying the investment limita tions applicable to other investments of the company.
(c) The income, if any, and gains and losses realized or unrealized on each account shall be credited to or charged against the amounts allocated to the account in accor dance with the written agreement, without regard to other income, gains, or losses of the company.
(d) Assets allocated to a separate account shall be valued at their market value on the date of valuation or, if there is no readily available market, in accordance with the terms of the applicable written agreement, provided that the portion of the assets of such separate account at least equal to the company's reserve liability with regard to the guaranteed benefits and funds referred to in subsection (b) of this Code section, if any, shall be valued in accordance with the rules otherwise applicable to the com pany's assets.
(e) Amounts allocated to a separate account in the exercise of the power granted by this Code section shall be owned by the company, and the company shall not be, nor hold itself out to be, a trustee with respect to those amounts.
(f) If the agreement provides for payment of benefits in variable amounts, any con tract entered into pursuant to this chapter and delivered in this state providing for such variable benefits shall be a group annuity contract. Such contract shall:
(1) Cover at least ten persons at the time it is entered into;
(2) Be for the purpose of funding a pension, retirement, or profit-sharing plan or agreement which meets the requirements for qualification under Section 401, 403, or 414 of the United States Internal Revenue Code, as now or hereafter amended, or any corresponding provisions of prior or subsequent United States revenue laws; and
(3) Prohibit the allocation to the separate account of any payment or contribution made by any employee.
The contract shall contain a statement of the essential features of the procedure to be followed by the company in determining the dollar amounts of such variable benefits. The contract and any group certificate issued under the contract shall state that such dollar amounts may decrease or increase and shall contain on its first page, in a prominent position, a statement that the benefits under the contract are on a variable basis.
(g) No domestic life insurance company and no foreign or Canadian life insurance company admitted to transact business in this state shall be authorized to deliver within this state any contract entered into pursuant to this article and providing bene fits in variable amounts until said company has satisfied the Commissioner that its condition or methods of operation in connection with the issuance of such contracts will not be such as would render its operation hazardous to the public or its policyholders in this state. In determining the qualification of a company requesting author ity to deliver the contracts in this state, the Commissioner shall consider, among other things:
(1) The history and financial condition of the company;

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(2) The character, responsibility, and general fitness of the officers and directors of the company; and
(3) In the case of a foreign or Canadian company, whether the regulations provided by the state of its domicile or that province in which its head office is located pro vides a degree of protection to policyholders and the public which is substantially equal to that provided by this Code section and the rules and regulations issued thereunder.
(h) Notwithstanding any other provisions of law, the Commissioner shall have sole au thority to issue such reasonable rules and regulations as may be necessary to carry out the purposes of this Code section.
(i) Nothing in this Code section shall be deemed to repeal any provision of Code Sec tion 33-25-9 and no contract or agreement made pursuant to this Code section, or pol icy or certificate issued under this Code section, shall be construed to violate Code Section 33-25-9.
33-11-66.
(a) This Code section is cumulative of and in addition to the authority granted by any other law of this state relating to separate accounts for insurance companies or to an nuity contracts on a variable basis and shall not be deemed to repeal or affect the pro visions of Code Section 33-11-65 dealing with the group variable annuity contracts re ferred to in subsection (f) of Code Section 33-11-65.
(b) When used in this Code section, the term Variable annuity contract' shall mean any individual or group contract issued by an insurance company or annuity company providing for annuity benefits and incidental contractual payments or values which vary in whole or in part so as to reflect investment results of any segregated portfolio of investments or of a designated separate account or accounts in which amounts re ceived or retained in connection with any of the contracts have been placed.
(c) Any domestic life insurance company may establish one or more separate accounts and may allocate to those accounts amounts to provide for annuities (and benefits inci dental thereto) payable in fixed or variable amounts or both.
(d) Except as provided in subsection (f) of this Code section, amounts allocated to any separate account and accumulations thereon may be invested and reinvested without regard to any requirements or limitations prescribed by the laws of this state gov erning the investments of domestic life insurance companies, provided that, to the ex tent that the company's reserve liability with regard to benefits guaranteed as to amount and duration and funds guaranteed as to principal amount or stated rate of interest is maintained in any separate account, a portion of the assets of such sepa rate account at least equal to the reserve liability shall be invested in accordance with the laws of this state governing the investment of reserves of life insurance companies. The investments in the separate account or accounts shall not be taken into account in applying the investment limitations applicable to other investments of the company.
(e) To the extent any such domestic company deems it necessary to comply with any applicable federal or state laws, the company, with respect to any separate account, including without limitation any separate account which is a management investment company or a unit investment trust, may provide for persons having an interest in such separate account appropriate voting and other rights and special procedures for the conduct of the business of such account, including without limitation, special rights and procedures relating to investment policy, investment advisory services, se-

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lection of independent public accountants, and the selection of a committee, the mem bers of which need not be otherwise affiliated with the company, to manage the busi ness of the account. This subsection shall not affect existing laws pertaining to the voting rights of the life insurance company's stockholders or policyholders except as provided in this Code section.
(f) No domestic company shall, for any separate account, purchase the voting securi ties of a single issuer if such purchase would result in such company, and all domestic insurance companies, directly or indirectly controlling, controlled by, or under common control with the company and holding in the company's or companies' separate ac count or accounts an amount in excess of 10 percent of the total issued and outstand ing voting securities of the issuer, provided that this limitation shall not apply with respect to securities held in separate accounts, the voting rights in which are exercisable in accordance with instructions from persons having interests in such accounts. This limitation shall not apply to the investment for a separate account in the securi ties of an investment company registered under the Investment Company Act of 1940.
(g) No sale, exchange, or other transfer of assets may be made by any domestic com pany between any of its separate accounts or between any other investment account and one or more of its separate accounts unless, in case of a transfer into a separate account, the transfer is made solely to establish the account or to support the opera tion of the contracts with respect to the separate account to which the transfer is made and unless the transfer, whether into or from a separate account, is made by transfer of cash or by a transfer of securities having a readily determinable market value, provided that transfer of securities is approved by the Commissioner. The Com missioner may approve other transfers among such accounts if, in his or her opinion, the transfers would not be inequitable.
(h) The income, if any, and gains and losses, realized or unrealized, from assets allo cated to each account shall be credited to or charged against the account without re gard to income, gains, or losses of the company.
(i) Unless otherwise approved by the Commissioner, assets allocated to a separate ac count shall be valued at their market value on the date of valuation or, if there is no readily available market, as provided under the terms of the contract or the rules or other written agreement applicable to such separate account, provided that the portion of the assets of the separate account equal to the company's reserve liability with re gard to the guaranteed benefits and funds referred to in subsection (d) of this Code section, if any, shall be valued in accordance with the rules otherwise applicable to the company's assets. The reserve liability for variable annuity contracts shall be deter mined in accordance with actuarial procedures that recognize the variable nature of the benefits provided and any mortality guarantees.
(j) The amounts held in any separate account shall not be chargeable with liabilities arising out of any other business the company may conduct but shall be held and ap plied exclusively for the benefit of the owners or beneficiaries of the variable annuity contracts applicable thereto.
(k) Each domestic life insurance company shall have the power within the limits of its corporate charter to do all things necessary under any applicable state or federal law in order that variable annuity contracts may be lawfully sold or offered for sale includ ing, without limitation, the power to provide for management of a separate account by persons who may otherwise be unaffiliated with the life insurance company and the power to grant in connection with such contracts such voting rights as are set forth in subsection (e) of this Code section. Each domestic life insurance company may allocate from its general accounts to each separate account established under this Code section an initial cash amount necessary to meet minimum capitalization requirements for

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such account as prescribed by the Securities and Exchange Commission, provided that the total of all such allocations shall not exceed 10 percent of the company's assets or $1 million, whichever is less. Any allocation may be withdrawn when sufficient amounts have been received by the company in connection with variable annuity con tracts and allocated to a separate account to meet the minimum capitalization requirement.
(1) Amounts allocated to a separate account in the exercise of the power granted by this Code section shall be owned by the company, and the company shall not be, or hold itself out to be, a trustee with respect to such amounts.

(m) Any variable annuity contract providing benefits payable in variable amounts is sued under this Code section shall contain a statement of the essential features of the procedure to be followed by the company in determining the dollar amount of such va riable benefits. Any contract, including a group contract and certificate in evidence or variable benefits issued under such contract, shall state that such dollar amount will vary to reflect investment experience and shall contain on its first page a statement to the effect that benefits under the contract are on a variable basis.

(n) No company shall deliver or issue for delivery variable annuity contracts within this state unless it is licensed or organized to do a life insurance or annuity business in this state or is organized as a nonprofit educational corporation in its state of domi cile and issues variable annuity contracts solely for the purpose of aiding and strengthening nonproprietary and nonprofit-making colleges, universities, and other institutions engaged primarily in education or research and the Commissioner is satis fied that its condition or method of operation in connection with the issuance of such contracts will not render its operation hazardous to the public or its policyholders in this state. In this connection, the Commissioner shall consider among other things:
(1) The history and financial condition of the company;
(2) The character, responsibility, and fitness of the officers and directors of the com pany; and
(3) The law and regulation under which the company is authorized in the state of domicile to issue variable contracts.
(o) The Commissioner shall have sole and exclusive authority to regulate the issuance or sale of the contracts and to issue such reasonable rules and regulations as may be necessary to carry out the purposes and provisions of this Code section; and the con tracts, the companies which issue them, and the agent or other persons who sell them shall not be subject to Chapter 5 of Title 10, the 'Georgia Securities Act of 1973,' in the sale of the contracts.
(p) Notwithstanding any other laws of this state, no person shall, within this state, sell or offer for sale variable annuity contracts as defined in this Code section unless the person shall have both a valid and current life insurance license and variable an nuity license issued by the Commissioner. No license shall be issued unless and until the Commissioner is satisfied, after examination, that the person is by training, knowledge, ability, and character qualified to act as such a variable annuity agent. The Commissioner may reject any application or suspend or revoke or refuse to renew any variable annuity agent's license upon any ground that would bar the applicant or the agent from being licensed to sell life insurance contracts in this state or for the vi olation of any federal or state securities laws or regulations. The rules governing any proceedings relating to the suspension or revocation of a life insurance agent's license shall also govern any proceedings for the suspension or revocation of a variable annu-

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ity agent's license. Renewal of a variable annuity agent's license shall follow the same procedure established for renewal of an agent's license to sell life insurance contracts in this state.
(q) No contract or agreement made pursuant to this Code section or policy or certifi cate issued under this Code section shall be construed to violate Code Section 33-25-9, and the sale or offer of any policy or certificate shall not be deemed an unfair method of competition or an unfair or deceptive act or practice in the business of insurance in violation of paragraph (7) and subparagraphs (B) and (C) of paragraph (8) of Code Sec tion 33-6-4.
(r) Except for paragraphs (1), (5), and (6) of subsection (b) of Code Section 33-28-2 and except as otherwise provided in this Code section, all pertinent provisions of this title shall apply to separate accounts and variable annuity contracts relating thereto. The Commissioner, by regulation, may require that any individual variable annuity con tract delivered or issued for delivery in this state contain provisions as to grace period and reinstatement appropriate for a variable annuity contract.
33-11-67.
(a) As used in this Code section, 'variable life insurance policy' means any individual or group policy issued by an insurance company providing for life insurance and bene fits incidental thereto, under which payments or values may vary in whole or in part so as to reflect investment results of any segregated portfolio of investments or of a designated separate account or accounts in which amounts received or retained in con nection with any of such policies have been placed.
(b) A domestic life insurance company may establish one or more separate accounts and may allocate to the accounts amounts including without limitation proceeds ap plied under optional modes of settlement or under dividend options to provide for life insurance and benefits incidental thereto, payable in variable amounts, subject to the following:
(1) The income, gains, and losses, realized or unrealized, from assets allocated to a separate account shall be credited to or charged against the account, without regard to other income, gains, or losses of the company;
(2) Except as provided in paragraph (4) of this subsection, amounts allocated to any separate account and accumulations thereon may be invested and reinvested with out regard to any requirements or limitations prescribed by the laws of this state governing the investments of domestic life insurance companies, provided that, to the extent that the company's reserve liability with regard to benefits guaranteed as to amount and duration and funds guaranteed as to principal amount or stated rate of interest is maintained in any separate account, a portion of the assets of the sep arate account at least equal to the reserve liability shall be invested in accordance with the laws of this state governing the investment of reserves of life insurance companies. The investments in the separate account or accounts shall not be taken into account in applying the investment limitations applicable to other investments of the company;
(3) To the extent any domestic company deems it necessary to comply with any ap plicable federal or state laws, the company, with respect to any separate account, in cluding without limitation any separate account which is a management investment company or a unit investment trust, may provide for persons having an interest therein appropriate voting and other rights and special procedures for the conduct of the business of the account, including without limitation special rights and proce dures relating to investment policy, investment advisory services, selection of inde-

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pendent public accountants, and the selection of a committee, the members of which need not be otherwise affiliated with the company, to manage the business of such account. This paragraph shall not affect existing laws pertaining to the voting rights of the life insurance company's stockholders or policyholders except as provided in paragraph (4) of this subsection;
(4) No domestic company shall, for any separate account, purchase the voting secur ities of a single issuer if the purchase would result in the company and all domestic insurance companies directly or indirectly controlling, controlled by, or under com mon control with the company and holding in the company's or companies' separate account or accounts an amount in excess of 10 percent of the total issued and out standing voting securities of the issuer, provided that this limitation shall not apply with respect to securities held in separate accounts, the voting rights in which are exercisable in accordance with instructions from persons having interest in the ac counts. This limitation shall not apply to the investment for a separate account in the securities of an investment company registered under the Investment Company Act of 1940;
(5) Unless otherwise approved by the Commissioner, assets allocated to a separate account shall be valued at their market value on the date of valuation or, if there is no readily available market, as provided under the terms of the policy or the rules or other written agreement applicable to the separate account, provided that, unless otherwise approved by the Commissioner, the portion, if any, of the assets of such separate account equal to the company's reserve liability with regard to the guaran teed benefits and funds referred to in paragraph (2) of this subsection shall be val ued in accordance with the rules otherwise applicable to the company's assets;
(6) Amounts allocated to a separate account in the exercise of the power granted by this Code section shall be owned by the company, and the company shall not be, nor hold itself out to be, a trustee with respect to such amounts. If and to the extent so provided under the applicable contracts, that portion of the assets of any such sepa rate account equal to the reserves and other contract liabilities with respect to the account shall not be chargeable with liabilities arising out of any other business the company may conduct; and
(7) No sale, exchange, or other transfer of assets may be made by a company be tween any of its separate accounts or between any other investment account and one or more of its separate accounts unless, in case of a transfer into a separate ac count, the transfer is made solely to establish the account or to support the opera tion of the policies with respect to the separate account to which the transfer is made and unless the transfer, whether into or from a separate account, is made by a transfer of cash or by a transfer of securities having a readily determinable mar ket value, provided that the transfer of securities is approved by the Commissioner. The Commissioner may approve other transfers among the accounts if, in his or her opinion, the transfers would not be inequitable.
(c) Each domestic life insurance company shall have the power within the limits of its corporate charter to do all things necessary under any applicable state or federal law in order that variable life insurance policies may be lawfully sold or offered for sale in cluding, without limitation, the power to provide for management of a separate ac count by persons who may otherwise be unaffiliated with the life insurance company and the power to grant in connection with the policies such voting rights as are set forth in paragraph (3) of subsection (b) of this Code section. Each domestic life insur ance company may allocate from its general accounts to each separate account estab lished under this Code section an initial cash amount necessary to meet minimum capitalization requirements for such account as prescribed by the Securities and Ex change Commission, provided that the total of all of the allocations shall not exceed 10

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percent of the company's assets or $1 million, whichever is less. Any allocation may be withdrawn when sufficient amounts have been received by the company in connection with variable life insurance policies and allocated to a separate account to meet the minimum capitalization requirement.
(d) Any variable life insurance policy issued under this Code section shall contain a statement of the essential features of the procedure to be followed by the company in determining the dollar amount of variable benefits provided under such policy. Any policy, including a group contract and certificates in evidence of variable benefits is sued thereunder, shall state that the dollar amount will vary to reflect investment ex perience and shall contain on its first page a statement to the effect that benefits under such policy are on a variable basis.
(e) No company shall deliver or issue for delivery variable life insurance policies within this state unless it has a current certificate of authority to transact life insur ance in this state and the Commissioner is satisfied that its condition or method of op erations in connection with the issuance of such policies will not render its operation hazardous to the public or its policyholders in this state. In this connection, the Com missioner shall consider among other things:
(1) The history and financial condition of the company;
(2) The experience, character, responsibility, and fitness of the officers and directors of the company; and
(3) The law and regulation under which the company is authorized in the state of domicile to issue variable life insurance policies.
(f) The Commissioner shall have sole and exclusive authority to regulate the solicita tion, sale, and issuance of variable life insurance policies and to issue any reasonable rules and regulations as may be necessary to carry out the purposes and provisions of this Code section; and the policies, the companies which issue them, and the agents or other persons who sell them shall not be subject to Chapter 5 of Title 10, the 'Georgia Securities Act of 1973,' in the sale of the policies.
(g) Notwithstanding any other laws of this state, no person shall, within this state, sell or offer for sale variable life insurance contracts as defined in this Code section unless such person shall have both a valid and current life insurance license and vari able life insurance license issued by the Commissioner. No license shall be issued un less and until the Commissioner is satisfied, after examination, that the person is by training, knowledge, ability, and character qualified to act as such a variable life in surance agent. The Commissioner may reject any application or suspend or revoke or refuse to renew any variable life insurance agent's license upon any ground that would bar the applicant or the agent from being licensed to sell life insurance con tracts in this state or for the violation of any federal or state securities laws or regula tions. The rules governing any proceedings relating to the suspension or revocation of a life insurance agent's license shall also govern any proceedings for the suspension or revocation of a variable life insurance agent's license. Renewal of a variable life insur ance agent's license shall follow the same procedure established for renewal of an agent's license to sell life insurance contracts in this state.
(h) No variable life insurance policy or certificate issued pursuant to this Code section shall be construed to violate Code Section 33-25-9, and the sale or offer of any such policy or certificate shall not be deemed an unfair method of competition or an unfair or deceptive act or practice in the business of insurance in violation of paragraph (7) and subparagraphs (B) and (C) of paragraph (8) of subsection (b) of Code Section 33-6-4.

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(i)(l) Except for paragraphs (1), (5), (6), (7), and (8) of subsection (a) of Code Section 33-25-3, Code Section 33-25-4, and paragraph (1) of Code Section 33-27-3 and except as otherwise provided in this Code section, all pertinent provisions of this title shall apply to separate accounts and variable life insurance policies relating to such ac counts. The Commissioner, by regulation, may require that any individual variable life insurance policy delivered or issued for delivery in this state contain provisions as to grace, reinstatement, and nonforfeiture appropriate for that policy; and any such group variable life insurance policy shall contain a provision for grace and non forfeiture appropriate to that policy.
(2) The reserve liability for variable life insurance policies shall be determined in accordance with actuarial procedures approved by the Commissioner that recognize the variable nature of the benefits provided and any mortality guarantees."
SECTION 13.
Said title is further amended by striking the phrase "this chapter" or "This chapter" and inserting in lieu thereof "this article" or "This article," respectively, wherever such phrase occurs in Chapter 11A, relating to investment pools, as follows:
(1) In Code Section 33-11A-1, relating to a short title;
(2) In Code Section 33-11A-2, relating to applicability;
(3) In Code Section 33-11A-3, relating to definitions;
(4) In Code Section 33-11A-5, relating to qualifications in investment pool;
(5) In Code Section 33-11A-6, relating to limitations to insurer's investment;
(6) In Code Section 33-11A-7, relating to management of investment pool;
(7) In Code Section 33-11A-8, relating to notification to Commissioner of Insurance, ownership, and inspection; and
(8) In Code Section 33-11A-9, relating to business entry requirement.
SECTION 14.
Said title is further amended by striking the phrase "Chapter 11 of this title" and in serting in lieu thereof "Article 1 or Article 2 of this chapter" where such phrase occurs in subsection (a) of Code Section 33-11A-4, relating to authorization and requirements for insurers acquiring investments in investment pools.
SECTION 15.
Said title is further amended by designating the existing provisions of Chapter HA, re lating to investment pools, as Article 3 of Chapter 11, relating to investments of insur ers, and redesignating Code sections as follows:
(1) Code Section 33-11A-1, relating to a short title, as Code Section 33-11-80;
(2) Code Section 33-11A-2, relating to applicability, as Code Section 33-11-81;
(3) Code Section 33-11A-3, relating to definitions, as Code Section 33-11-82;
(4) Code ' :tion 33-11A-4, relating to authorization and requirements for insurers acquiring investments in investment pools, as Code Section 33-11-83;
(5) Code Section 33-11A-5, relating to qualifications in investment pool, as Code Section 33-11-84;
(6) Code Section 33-11A-6, relating to limitations to insurer's investment, as Code Section 33-11-85;
(7) Code Section 33-11A-7, relating to management of investment pool, as Code Sec tion 33-11-86;

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(8) Code Section 33-11A-8, relating to notification to Commissioner of Insurance, ownership, and inspection, as Code Section 33-11-87;

(9) Code Section 33-11A-9, relating to business entry requirement, as Code Section 33-11-88; and

(10) Code Section 33-11A-10, relating to nonapplicability of certain standards and reporting requirements, as Code Section 33-11-89.
SECTION 16.

Said title is further amended by striking Code Section 33-20-22, relating to investment of funds of health care corporations, and inserting in lieu thereof the following:
"33-20-22.

Health care corporations shall invest in or lend their funds on security of and shall hold as invested assets only such assets as are authorized by Articles 1 and 3 of Chap ter 11 of this title for the investments of assets of domestic life insurance companies and such investments shall be subject to the same requirements, conditions, restric tions, and limitations as are applicable to the investments by life such insurers."
SECTION 17.

Title 43 of the Official Code of Georgia Annotated, relating to professions and busi nesses, is amended by striking subsection (e) of Code Section 43-6-22.1, relating to auc tioneers education, research, and recovery fund, and inserting in lieu thereof the following:
"(e) The sums received by the commission pursuant to any provisions of this Code sec tion shall be deposited into the state treasury and held in a special fund to be known as the 'auctioneers education, research, and recovery fund' and shall be held by the commission in trust for carrying out the purposes of this Code section. These funds may be invested in any investments which are legal for domestic life insurance compa nies under the Iowa of this state Articles 1 and 3 of Chapter 11 of Title 33, and the interest from these investments shall be deposited to the credit of the auctioneers edu cation, research, and recovery fund and shall be available for the same purposes as all other money deposited in the auctioneers education, research, and recovery fund."
SECTION 18.

Said title is further amended by striking subsection (e) of Code Section 43-40-22, relat ing to real estate education, research, and recovery fund, and inserting in lieu thereof the following:
"(e) The sums received by the commission pursuant to any provisions of this Code sec tion shall be deposited into the state treasury and held in a special fund to be known as the 'Real Estate Education, Research, and Recovery Fund' and shall be held by the commission in trust for carrying out the purposes of this Code section. These funds may be invested in any investments which are legal for domestic life insurance compa nies under the laws of this state Articles 1 and 3 of Chapter 11 of Title 33, and the interest from these investments shall be deposited to the credit of the real estate edu cation, research, and recovery fund and shall be available for the same purposes as all other money deposited in the real estate education, research, and recovery fund."

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SECTION 19.
Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, is amended by striking Code Section 45-18-13, relating to deposit of amounts from the health insurance fund available for in vestment in trust account and investment and withdrawal of funds, and inserting in lieu thereof the following:
"45-18-13.

Any amounts held by the health insurance fund which are available for investment shall be paid over to the Office of Treasury and Fiscal Services. The director of the Of fice of Treasury and Fiscal Services shall deposit said funds in a trust account for credit only to the health insurance fund. The director of the Office of Treasury and Fiscal Services shall invest these health insurance funds subject to all the terms, con ditions, limitations, and restrictions imposed by the laws of the state Articles 1 and 3 of Chapter 11 of Title 33 upon domestic life insurance companies in the making and disposing of their investments. All income derived from said investments shall accrue to the health insurance fund. When moneys are paid over to the Office of Treasury and Fiscal Services as provided in this Code section, the commissioner of personnel administration shall submit an estimate of the date such funds shall no longer be available for investment. When the commissioner of personnel administration wishes to withdraw funds from the trust account provided for in this Code section, he or she shall submit a request for such withdrawal in writing to the director of the Office of Treasury and Fiscal Services."

SECTION 20. This Act shall become effective on January 1, 2000.

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 substi tute, was agreed to.

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

Alien Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channel!

Childers Clark Coan
Coleman, B
Coleman, T Connell Cooper
Cox
Crawfbrd Cummings Davis, M Davis, T Day Dean DeLoach, B DeLoach, G Dix Dixon Dodson Dukes Ehrhart Epps Evans Everett Felton

Floyd Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner
Y Harbin Y Harrell Y Heard Y Heckstall
Y Hegstrom Y Hembree E Henson Y Holland
Holmes Houston
Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B

Y Jackson, L Y James Y Jamieson E Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning Y Martin, J
Martin, J.L Y Massey Y McBee
McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley

Morris
Mosley Mueller O'Neal Orrock Parham
Parrish
Parsons Pelote Pinholster
Poag
Ponder Porter Powell Purcell
Ragas
Randall
Ray Reaves Reece Reed Reese Reichert Rice Richardson

Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp

WEDNESDAY, MARCH 3, 1999

Y Sholar Y Sims Y Sinkfield Y Skipper
Smith, B Y Smith, C Y Smith, C.W Y Smith, L E Smith, L.R Y Smith, P Y Smith, T

Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes

Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman
Walker, L

1143
Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 159. By Representatives Graves of the 125th, Williams of the 83rd, Bannister of the 77th, Jones of the 71st, Tolbert of the 25th and others:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance gener ally, so as to provide for time limits for payment of claims under certain health benefit plans and provide for sanctions.
The following Committee substitute was read and withdrawn:
A BILL
To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance generally, so as to provide for time limits for payment of claims under certain health benefit plans and provide for sanc tions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance generally, is amended by adding at the end a new Code section to read as follows:
"33-24-59.4.
(a) As used in this Code section, the term:
(1) 'Health benefit plan' means any hospital or medical insurance policy or certifi cate, health care plan contract or certificate, qualified higher deductible health plan, health maintenance organization subscriber contract, any health benefit plan estab lished pursuant to Article 1 of Chapter 18 of Title 45, or any dental or vision care plan or policy, or managed care plan. Health benefit plan does not include policies issued in accordance with Chapter 31 of this title; disability income policies; or poli cies issued in accordance with Code Section 34-9-14 or 34-9-122.1.
(2) 'Insurer' means a fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation, health care corporation, health maintenance organization, provider sponsored health care corporation, or any similar entity and any self-insured health benefit 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., which entity provides for the financing or delivery of health care services through a health benefit plan, or the plan administrator of any health benefit plan

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established pursuant to Article 1 of Chapter 18 of Title 45, but does not include an accident and sickness insurer subject to the claim payment provisions of Code Sec tion 33-29-3 or 33-30-6.
(b)(l) All benefits under a health benefit plan will be payable immediately upon re ceipt by the insurer, which is obligated to finance or deliver health care services under that plan, of written proof of loss or claim for payment for health care goods or services provided. Should the insurer fail to pay the benefits under the health benefit plan upon such receipt, the insurer shall have 15 working days thereafter within which to mail to the insured or other person claiming payments under the plan a letter or notice which states the reasons the insurer may have for failing to pay the claim, either in whole or in part, and which also gives the person so notified a written itemization of any documents or other information needed to process the claim or any portions thereof which are not being paid. When all of the listed docu ments or other information needed to process the claim have been received, the in surer shall then have 15 working days within which to process and either pay the claim or deny it, in whole or in part, giving the insured or other person claiming payments under the plan the insurer's reasons for such denial.
(2) Receipt of any proof, claim, or documentation by an entity which administrates or processes claims on behalf of an insurer shall be deemed receipt of the same by the insurer for purposes of this Code section.
(c) Each insurer shall pay to the insured or other person claiming payments under the health benefit plan interest equal to 18 percent per annum on the proceeds or benefits due under the terms of such plan for failure to comply with subsection (b) of this Code section."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representatives Graves of the 125th and Burkhalter of the 41st, was read and adopted:
A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for time limits for payment of claims under certain health benefit plans and provide for sanctions; to change certain provisions relating to required policy provisions for individual accident and sickness insurance; to change certain provisions relating to required provisions of group accident and sickness insurance policies; to provide for ap plicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new Code Section 33-24-59.4 to read as follows:
"33-24-59.4.

(a) As used in this Code section, the term:
(1) 'Benefits' means the coverages provided by a health benefit plan for financing or delivery of health care goods or services; but such term does not include capitated payment arrangements under managed care plans.

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(2) 'Health benefit plan' means any hospital or medical insurance policy or certifi cate, health care plan contract or certificate, qualified higher deductible health plan, health maintenance organization subscriber contract, any health benefit plan estab lished pursuant to Article 1 of Chapter 18 of Title 45, or any dental or vision care plan or policy, or managed care plan; but health benefit plan does not include poli cies issued in accordance with Chapter 31 of this title; disability income policies; or workers' compensation insurance under Chapter 9 of Title 34.
(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, provider sponsored health care corpo ration, or any similar entity and any self-insured health benefit 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., which entity provides for the financing or de livery of health care services through a health benefit plan, or the plan administra tor of any health benefit plan established pursuant to Article 1 of Chapter 18 of Ti tle 45.
(b)(l) All benefits under a health benefit plan will be payable by the insurer which is obligated to finance or deliver health care services under that plan upon such in surer's receipt of written proof of loss or claim for payment for health care goods or services provided. The insurer shall within 15 working days after such receipt mail to the insured or other person claiming payments under the plan payment for such benefits or a letter or notice which states the reasons the insurer may have for fail ing to pay the claim, either in whole or in part, and which also gives the person so notified a written itemization of any documents or other information needed to pro cess the claim or any portions thereof which are not being paid. When all of the listed documents or other information needed to process the claim have been re ceived by the insurer, the insurer shall then have 15 working days within which to process and either mail payment for the claim or a letter or notice denying it, in whole or in part, giving the insured or other person claiming payments under the plan the insurer's reasons for such denial.
(2) Receipt of any proof, claim, or documentation by an entity which administrates or processes claims on behalf of an insurer shall be deemed receipt of the same by the insurer for purposes of this Code section.
(c) Each insurer shall pay to the insured or other person claiming payments under the health benefit plan interest equal to 18 percent per annum on the proceeds or benefits due under the terms of such plan for failure to comply with subsection (b) of this Code section."
SECTION 2.
Said title is further amended by striking paragraph (8) of subsection (b) of Code Section 33-29-3, relating to required policy provisions for individual accident and sickness insur ance, and inserting in lieu thereof the following:
"(8)TlME OF PAYMENT OF CLAIMS. The policy shall include a provision incorporating and restating the substance of the provisions of subsections (b) and (c) of Code Sec tion 33-24-59.4, relating to time limits for payment of claims for benefits under health benefit policies and sanctions for failure to pay timely.
(A) All benefits payable under the policy other than bcncfito for loss of time will be payable immediately upon receipt of due written proof of such loaa. Should the insurer fail to pay the boncfita payable under ita policy, other than benefits paya ble for losa of time, upon receipt of due written proof of loaa, the insurer shall have 16 working days thereafter within which to mail the insured or subscriber a

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letter or notice which atatca the reasons the insurer may have for failing to pay the claim, cither in whole or in part, and which alao gives the inourcd or aub acribcr a written itcmization of any documents or other information needed to proeco3 the claim or any portions thereof which arc not being paid.--When all of the liatcd documents or other information needed to process the claim have been re ceived, the insurer shall then have 15 working days within which to proccaa and cither pay the claim or deny it, in whole or in part, giving the inaurcd the reasons the insurer may have for denying ouch claim or any portion thereof.
(B) Subject If a policy provides benefits for loss of time, such policy shall also pro vide that, subject to proof of such loss, all accrued benefits payable under the pol icy for loss of time will be paid not later than at the expiration of each period of 30 days during the continuance of the period for which the insurer is liable and any balance remaining unpaid at the termination of such period will be paid im mediately upon receipt of such proof.
(C) Each insurer admitted to transact accident and sickness insurance in this atatc shall pay interest to the inaurcd equal to 18 percent per annum on the pro coeds or benefits due under the terms of the policy for failure to comply with the rcquircmcnta of aubparngraph (A) or (B) of this paragraph."
SECTION 3.
Said title is further amended by striking paragraph (5) of subsection (b) of Code Section 33-30-6, relating to required provisions of group accident and sickness insurance policies, and inserting in lieu thereof the following:
"(5XA) A provision incorporating and restating the substance of the provisions of subsections (b) and (c) of Code Section 33-24-59.4, relating to time limits for pay ment of claims for benefits under health benefit policies and sanctions for failure to pay timely that all benefits payable under the policy other than benefits for loaa of time will be payable immediately upon receipt of due written proof of such loaa. Should the inaurcr fail to pay the benefits payable under the policy, other than bencfita for losa of time, upon receipt of due written proof of loss, the insurer shall have 16 working daya thereafter within which to mail the insured or aubacribcr a letter or notice which atatca tho roaaona the inaurcr may have for failing to pay the claim, cither in whole or in part, and which alao gives the insured or aubacribcr a written itcmization of any documcnta or other information needed to proccaa the claim or any portions thereof which arc not being paid.--When all of the liatcd documents or other information needed to proecsa the claim have boon received, the inaurcr ahall then have 16 working daya within which to proccaa and cither pay the claim or deny it, in whole or in part, giving the inaurcd the rcaaona the inaurcr may have for do nying such claim or any portion thereof.
(B) Subject If a policy provides benefits for loss of time, such policy shall also pro vide that, subject to proof of such loss, all accrued benefits payable under the pol icy for loss of time will be paid not later than at the expiration of each period of 30 days during the continuance of the period for which the insurer is liable and any balance remaining unpaid at the termination of such period will be paid im mediately upon receipt of such proof.
(C) Each insurer admitted to transact accident and sickness inaurancc in this atatc ahall pay interest to the inaurcd equal to 18 percent per annum on the pro eccds or benefits due under the terms of the policy for failure to comply with tho rcquircmcnta of aubparagraph (A) or (B) of this paragraph."
SECTION 4.
This Act shall apply to plans, policies, or contracts issued, delivered, issued for delivery, or renewed on or after the date this Act becomes effective.

WEDNESDAY, MARCH 3, 1999

1147

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 substi tute, was agreed to, by substitute.

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

Alien Anderson Ashe Bailey Bannister Barnard Barnes Benefield Birdsong Bohannon Bordeaux Borders Bridges Brooks Brown Buck Buckner Bulloch Bunn Burkhalter Byrd Callaway Campbell Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell Cooper Cox Crawford Cuminings Davis, M

Y Davis, T
Y Day
Dean
Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps E Evans Y Everett Y Felton
Floyd
Y Franklin
Y Golick
Y Graves Y Greene
Y Grindley Y Hammontree Y Manner
Harbin Y Harrell Y Heard
Y Heckstall Y Hegstrom Y Hembree E Henson
Holland Y Holmes
Houston Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley
Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham
Y Fairish Y Parsons

Pelote Pinholster Poag Ponder Porter Powell Purcell Ragas Randall Ray Reaves Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L

E Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West
Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 717. By Representatives Harrell of the 62nd, Randall of the 127th, Trense of the
44th, Graves of the 125th, Bordeaux of the 151st and others: A bill to amend Chapter 1 of Title 31 of the Official Code of Georgia Anno tated, relating to general provisions regarding health, so as to provide for legislative findings and intent; to establish an advisory committee on new born infants and provide for its selection, compensation, powers, qualifica tions, and duties.
The following Committee substitute was read and adopted: A BILL
To amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding health, so as to provide for legislative findings and intent; to provide for a definition; to establish an advisory committee on newborn infants and

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provide for its selection, compensation, powers, qualifications, and duties; to provide for newborn screening of newborn infants under certain conditions and for education of par ents and guardians regarding the importance of such screening and early identification and intervention; to provide for hospital and other reports; to provide for rules; to re quire the provision of information and encourage cooperative efforts; 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.
Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general pro visions regarding health, is amended by adding after Code Section 31-1-3.1 a new Code section to read as follows:
"31-1-3.2.

(a) The General Assembly finds, determines, and declares:
(1) That hearing loss occurs in newborn infants more frequently than any other health condition for which newborn infant screening is required;
(2) That 80 percent of the language ability of a child is established by the time the child is 18 months of age and that hearing is vitally important to the healthy devel opment of such language skills;
(3) That early detection of hearing loss in a child and early intervention and treat ment has been demonstrated to be highly effective in facilitating a child's healthy development in a manner consistent with the child's age and cognitive ability;
(4) That children with hearing loss who do not receive such early intervention and treatment frequently require special educational services and that such services are publicly funded for the vast majority of children with hearing needs in the state;
(5) That appropriate testing and identification of newborn infants with hearing loss will facilitate early intervention and treatment and may therefore serve the public purposes of promoting the healthy development of children and reducing public expenditure;
(6) The American Academy of Pediatrics, the American Speech-Language-Hearing Association, the American Academy of Audiology, and the American Academy of Otolaryngology, Head and Neck Surgery have recently endorsed the implementation of universal newborn hearing screenings and recommended that such screenings be performed in all birthing hospitals and coordinated by state departments of public health; and
(7) That consumers should be entitled to know whether the hospital at which they choose to deliver their infant provides newborn hearing screening.
(b) As used in this Code section, the term 'newborn infant' means an infant after de livery but before discharge from the hospital.
(c) For reasons specified in subsection (a) of this Code section, the General Assembly determines that it would be beneficial and in the best interests of the development of the children of the state that newborn infants' hearing be screened.
(d)(l) There is established an advisory committee on hearing in newborn infants for the purpose of studying and collecting the informational data specified in this Code section and reporting such information to the General Assembly and Governor by

WEDNESDAY, MARCH 3, 1999

1149

December 1 of the first year following the year this Code section first becomes effec tive, and for the purpose of providing recommendations to hospitals, physicians, and other health care institutions, the Department of Human Resources, and the public concerning, but not limited to, the following:
(A) Appropriate methodologies to be implemented for hearing screening of new born infants, which methodologies shall be objective and physiologically based. An audiologist is not required to perform such screening if performed pursuant to the exception in subsection (h) of Code Section 43-44-7;
(B) The number of births sufficient to qualify a hospital or health institution to arrange otherwise for hearing screenings; and
(C) Guidelines for reporting and the means to assure that identified children re ceived referral for appropriate follow-up services.
(2) The advisory committee on hearing in newborn infants shall consist of at least nine members who shall be appointed by the director of the Division of Public Health of the Department of Human Resources. Members appointed to the commit tee shall have training, experience, or interest in the area of hearing conditions in children and shall include at least one audiologist, one pediatrician, one hospital ad ministrator from a hospital which offers perinatal services, one deaf adult, and at least one of such members shall be a parent of a deaf child.
(3) The members of the advisory committee on hearing in newborn infants shall serve without compensation.
(4) The advisory committee on hearing in newborn infants shall meet as often as necessary to study and collect the information necessary and report to the General Assembly and Governor by December 1 of the first year following the year this Code section first becomes effective, to develop and make the recommendations specified in paragraph (1) of this subsection in a sufficiently timely manner to allow for state-wide hearing screening of newborn infants by July 1 of the second year follow ing the year this Code section first becomes effective, and to make recommendations to promote universal newborn infant hearing screening pursuant to subsection (h) of this Code section.
(5) This subsection is automatically repealed effective July 1 of the fifth year follow ing the year this Code section first becomes effective.
(e) It is the intent of the General Assembly that, by July 1 of the second year follow ing the year this Code section first becomes effective, newborn hearing screening be conducted on no fewer than 95 percent of all newborn infants born in hospitals in this state, using procedures recommended by the advisory committee on hearing in new born infants, created in subsection (d) of this Code section. Toward that end, on and after July 1 of the first year following the year this Code section first becomes effec tive, every licensed or certified hospital and physician shall educate the parents of newborn infants born in such hospitals of the importance of screening the hearing of newborn infants and follow-up care. Education shall not be considered a substitute for the hearing screening described in this subsection. Every licensed or permitted hospital shall report annually to the Department of Human Resources concerning the following:
(1) The number of newborn infants born in the hospital;
(2) The number of newborn infants screened;
(3) The number of newborn infants who passed the screening, if administered; and

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(4) The number of newborn infants who did not pass the screening, if administered.
(f) The advisory committee on hearing in newborn infants shall determine which hos pitals or other health care providers in this state are ordering and administering new born hearing screening to newborn infants on a voluntary basis and the number of newborn infants screened. The advisory committee on hearing in newborn infants shall report to the General Assembly and Governor by December 1 of the first year following the year this Code section first becomes effective concerning the following:
(1) The number of hospitals and other health care providers administering such vol untary screenings;
(2) The number of newborn infants screened as compared to the total number of in fants born in such hospitals and institutions;

(3) The number of newborn infants who passed the screening, if administered; and
(4) The number of newborn infants who did not pass the screening, if administered.
(g) Subject to available appropriations, the advisory committee on hearing in newborn infants shall make the report described in subsection (f) of this Code section available throughout the state and specifically available to physicians whose practice includes the practice of obstetrics or the care of newborn infants, to consumer groups, to man aged care organizations, and to the media.

(h) If the number of newborn infants screened does not equal or exceed 95 percent of all newborn infants born in hospitals in this state by July 1 of the second year follow ing the year this Code section first becomes effective or falls below 95 percent at any time thereafter, the advisory committee shall continue to work with hospitals and phy sicians to achieve that goal. The advisory committee shall advise and assist hospitals and physicians regarding the conditions and procedures under which a parent or guardian of a child may object to and thereby exempt the child from such screening for religious reasons. The advisory committee shall study and address those hospitals with a low volume of births, as determined by the Department of Human Resources based upon recommendations by the advisory committee on hearing in newborn in fants, which may arrange otherwise for newborn infant hearing screening.
(i) A physician, registered professional nurse, including a certified nurse midwife, or other health professional attending a birth outside a hospital or institution shall pro vide information, as established by the department, to parents regarding places where the parents may have their infants' screening and the importance of such screening.
(j) The department shall encourage the cooperation of local health departments, health care clinics, school districts, health care providers, and any other appropriate resources to promote the screening of newborn infants' hearing and early identification and intervention for those determined to have hearing loss for those infants born outside a hospital or institution."
SECTION 2.
This Act shall become effective only if funds are specifically appropriated for purposes of this Act in an appropriations Act making specific reference to this Act and shall become effective when funds so appropriated become available for expenditure; the commissioner of human resources shall not be required to enforce any portion of this Act for which funds are not specifically appropriated.

WEDNESDAY, MARCH 3, 1999

1151

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 substi tute, was agreed to.

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

Y Alien Y Anderson
Y Ashe
Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon
Y Bordeaux
Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd
Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B
Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Y Dean
Y DeLoach, B
Y DeLoach, G
Y Dix
Y Dixon Y Dodson Y Dukes
Y Ehrhart Y Epps E Evans Y Everett Y Felton Y Floyd E Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree
E Henson
Y Holland Y Holmes
Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James
Y Jamieson
Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag E Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece
Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts
Rogers
Y Royal Y Sanders Y Sauder Y Scarlett
E Scheid
Y Scott Y Shanahan Y Shaw Y Shipp
Y Sholar
Y Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires Y Stailings
Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper
Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs
Y Unterman Walker, L
Y Walker, R.L Y Watson Y West Y Westmoreland
Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following Bill of the House, having been previously read was again taken up for consideration: HB 352. By Representatives Stanley of the 50th, Stanley of the 49th, West of the
101st, Stancil of the 16th and Heckstall of the 55th: A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Anno tated, relating to payment and disposition of fines, so as to authorize the im position and collection of jail booking fees in any traffic court or municipal court of any municipality in this state having a population of 135,000 or more according to the United States decennial census of 1990 or any future such census.
Representative Dean of the 48th moved that HB 352 be placed upon the table.

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

N Alien N Anderson N Ashe N Bailey N Bannister N Barnard N Barnes
Benefield
N Birdsong N Bohannon Y Bordeaux
Borders
N Bridges Y Brooks N Brown N Buck N Buckner N Bulloch N Bunn N Burkhalter N Byrd N Callaway N Campbell Y Cash N Channel! N Childers N Clark N Coan N Coleman, B
Coleman, T N Connell N Cooper N Cox N Crawford Y Cummings Y Davis, M

N Davis, T Y Day Y Dean
DeLoach, B Y DeLoach, G N Dix
Y Dixon
N Dodson
N Dukes
N Ehrhart
N Epps E Evans
Everett N Felton
Floyd
Y Franklin Y Golick N Graves N Greene N Grindley N Hammontree N Hanner N Harbin N Harrell N Heard N Heckstall N Hegstrom N Hembree N Henson N Holland N Holmes
Houston Y Howard N Hudgens N Hudson, H Y Hudson, N

N Hugley N Irvin N Jackson, B Y Jackson, L Y James N Jamieson N Jenkins N Jennings N Jones Y Joyce N Kaye N Lane N Lewis N Lord
Lucas
N Maddox Y Mann N Manning
Y Martin, J N Martin, J.L
Y Massey N McBee N McCall N McCHnton Y McKinney Y Millar N Mills N Mobley N Morris N Mosley N Mueller N CWeal N Orrock N Parham N Parrish
Y Parsons

N Pelote N Pinholster N Poag
E Ponder
N Porter
N Powell
Y Purcell
N Ragas
N Randall
N Ray N Reaves
N Reece Reed
N Reese
N Reichert N Rice N Richardson N Roberts N Rogers Y Royal N Sanders Y Sauder Y Scarlett E Scheid Y Scott Y Shanahan
Shaw Y Shipp N Sholar N Sims Y Sinkfield N Skipper N Smith, B N Smith, C N Smith, C.W N Smith, L

N Smith, L.R Y Smith, P N Smith, T N Smith, V N Smyre N Snelling N Snow N Squires N Stallings
N Stancil N Stanley, P N Stanley-Turner N Stephens N Stokes N Stuckey N Taylor
Teague
N Teper N Tillman
N Tolbert N Trense N Turnquest N Twiggs
N Unterman Walker, L
Y Walker, R.L Y Watson
N West N Westmoreland
N Whitaker N Wiles N Williams, J Y Williams, R N Wix N Yates
Murphy, Spkr

On the motion, the ayes were 34, nays 130.

The motion was lost.

The following Committee substitute was read and withdrawn: A BILL

To amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines, so as to authorize the imposition and collection of jail booking fees in any traffic court or municipal court of any municipality or consolidated government in this state; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for deposit and use of such fees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines, is amended by adding a new article immediately following Arti cle 5, to be designated Article 5A, to read as follows:

15-21-98.

"ARTICLE 5A

WEDNESDAY, MARCH 3, 1999

1153

The additional penalties authorized under this article shall be only imposed or col lected in any traffic court or municipal court of any municipality or consolidated gov ernment in this state upon the adoption of an ordinance by the governing authority of the municipality or consolidated government which:

(1) Places this article in effect;

(2) Requires the imposition and collection of such additional penalties; and

(3) Agrees to expend the funds collected for the purposes provided for in this article. 15-21-98.1.

Upon adoption of the ordinance provided for in Code Section 15-21-98, such court shall in every case impose a jail booking fee for any offense against a criminal or traffic law of this state or any ordinance of such municipality or consolidated government. Such booking fee shall be imposed as an additional penalty to the original fine. A judgment of conviction shall contain an order for payment of the annually documented amount of the jail booking fee by the convicted person, and the execution may be issued on the order in the same manner as a judgment in a civil action, but the order shall not be enforceable for contempt. The court shall, as a condition of probation, order the con victed person to pay the jail booking fee.
15-21-98.2.

(a) As used in this Code section, the term 'actual administrative costs' includes only those costs for functions that are performed in order to receive an arrestee into a city detention facility. Operating expenses of the city detention facility, including capital costs and those costs involved in the housing, feeding, and care of inmates shall not be included in calculating actual administrative costs. Actual administrative costs may include any one or more of the following related to receiving an arrestee into the city detention facility:

(1) The searching, wristbanding, bathing, clothing, fingerprinting, photographing, and medical and mental screening of an arrestee;

(2) Document preparation, retrieval, updating, filing, and court scheduling with re spect to an arrestee;

(3) Warrant service, processing, and detainer;

(4) Inventory of an arrestee's money and creation of cash accounts;

(5) Inventory and storage of an arrestee's property; (6) Inventory, laundry, and storage of an arrestee's clothing;

(7) The classification of an arrestee;

(8) The direct costs of automated services utilized in paragraphs (1) through (7) of this subsection; or

(9) The management and supervision of the detention function as related to paragraphs (1) through (8) of this subsection.

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(b) The jail booking fee shall not exceed $125.00, including applicable overhead costs as permitted by Federal Circular A87standards, incurred in booking or otherwise processing arrested persons. The court will establish criteria and administer proce dures to determine indigency which shall excuse the payment of such fee.
(c) The sums provided for under this article shall be assessed and collected by the clerk of the court or other designated court officer and shall be paid over to the gov erning authority of the municipality or consolidated government in which the court is located by the tenth day of the month following the month in which such sums are col lected. Such sums paid over to the governing authority shall be deposited by the gov erning authority into a special account to be known as the 'municipal jail fund.' Such deposited sums shall be expended solely and exclusively for the construction, mainte nance, operation, and staffing of municipal jail facilities."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representatives Stanley-Turner of the 50th and Randall of the 127th, was read:

A BILL

To amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines, so as to authorize the imposition and collection of jail booking fees in any traffic court or municipal court of certain municipalities in this state; to provide for procedures, conditions, and limitations; to provide for deposit and use of such fees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines, is amended by adding a new article immediately following Arti cle 5, to be designated Article 5A, to read as follows:

15-21-98.

"ARTICLE 5A

The additional penalties authorized under this article shall be only imposed or col lected in any traffic court or municipal court of any municipality in this state that has a daily census of 500 or more pretrial inmates upon the adoption of an ordinance by the governing authority of the municipality which:

(1) Places this article in effect;

(2) Requires the imposition and collection of such additional penalties; and

(3) Agrees to expend the funds collected for the purposes provided for in this article. 15-21-98.1.

Upon adoption of the ordinance provided for in Code Section 15-21-98, such court shall in every case in which the defendant is booked into physical custody in the jail impose a jail booking fee for any offense against a criminal or traffic law of this state or any ordinance of such municipality; provided, however, that no such fees shall be imposed with respect to any traffic offense for which no period of incarceration is imposed. Such booking fee shall be imposed as an additional penalty to the original fine. A

WEDNESDAY, MARCH 3, 1999

1155

judgment of conviction shall contain an order for payment of the annually documented amount of the jail booking fee by the convicted person, and the execution may be is sued on the order in the same manner as a judgment in a civil action, but the order shall not be enforceable for contempt. The court shall, as a condition of probation, or der the convicted person to pay the jail booking fee.
15-21-98.2.

(a) The jail booking fee authorized by this article shall not exceed $125.00, including applicable overhead costs as permitted by Federal Circular A87standards, incurred in booking or otherwise processing arrested persons. The court will establish criteria and administer procedures to determine indigency which shall excuse the payment of such fee.

(b) The sums provided for under this article shall be assessed and collected by the clerk of the court or other designated court officer and shall be paid over to the gov erning authority of the municipality in which the court is located by the tenth day of the month following the month in which such sums are collected. Such sums paid over to the governing authority shall be deposited by the governing authority into a special account to be known as the 'municipal jail fund.' Such deposited sums shall be expended solely and exclusively for the construction, maintenance, operation, and staffing of municipal jail facilities."

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

The following amendment was read:

Representative Burkhalter of the 41st moves to amend the Floor substitute to HB 352 as follows:
On page 2 line 31 strike the word "jail" and insert "police".
On page 2 line 32 delete construction maintenance, operation and staffing of municipal jail facilities." and insert "pay raises for the municipalities or consolidated government's police personnel."

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

N Alien Y Anderson Y Ashe N Bailey Y Bannister Y Barnard N Barnes N Benefield N Birdsong Y Bohannon N Bordeaux
Borders
Y Bridges N Brooks Y Brown N Buck N Buckner N Bulloch Y Bunn Y Burkhaltei N Byrd Y Callaway Y Campbell Y Cash

N Channell N Childers Y Clark Y Coan Y Coleman, B
Coleman, T N Connell Y Cooper Y Cox Y Crawford N Cummings Y Davis, M Y Davis, T Y Day Y Dean
DeLoach, B Y DeLoach, G Y Dix Y Dixon N Dodson N Dukes Y Ehrhart N Epps E Evans

Everett Y Pelton
Ployd Y Franklin Y Golick
Y Graves N Greene Y Grindley Y Hammontree N Hanner Y Harbin N Harrell N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes
Houston N Howard Y Hudgens Y Hudson, H N Hudson, N

N Hugley Y Irvin Y Jackson, B Y Jackson, L N James N Jamieson N Jenkins
Y Jennings Y Jones Y Joyce Y Kaye N Lane Y Lewis
Lord
N Lucas Y Maddox Y Mann Y Manning N Martin, J Y Martin, J.L Y Massey N McBee Y McCall N McClinton

Y McKinney Y Millar Y Mills N Mobley N Morris N Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish Y Parsons N Pelote Y Pinholster N Poag E Ponder N Porter Y Powell N Purcell N Ragas N Randall N Ray Y Reaves N Reece

1156
Reed Y Reese Y Reichert Y Rice Y Richardson N Roberts Y Rogers N Royal Y Sanders Y Sauder Y Scarlett E Scheid

JOURNAL OF THE HOUSE

Y Scott N Shanahan
Shaw Y Shipp N Sholar N Sims N Sinkfield N Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L

Y Smith, L.R
N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow
Y Squires N Stallings Y Stancil N Stanley, P N Stanley-Turner

Y Stephens N Stokes N Stuckey N Taylor
Y Teague N Teper N Tillman Y Tolbert Y Trense N Turnquest N Twiggs Y Unterman

Walker, L Y Walker, H.L N Watson N West Y Westmoreland N Whitaker Y Wiles Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 86, nays 80.

The amendment was adopted.

Representative Holmes of the 53rd moved that the House reconsider its action in adopt ing the Burkhalter amendment.

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

Y Alien N Anderson N Ashe Y Bailey N Bannister N Barnard Y Barnes Y Benefield Y Birdsong N Bohannon Y Bordeaux
Borders N Bridges Y Brooks N Brown N Buck
Y Buckner
N Bulloch N Bunn N Burkhalter N Byrd N Callaway N Campbell N Cash
Y Channell Y Childers N Clark N Coan N Coleman, B
Coleman, T Y Connell N Cooper N Cox N Crawford Y Cummings N Davis, M

N Davis, T N Day N Dean
DeLoach, B N DeLoach, G N Dix N Dixon Y Dodson
Y Dukes N Ehrhart Y Epps
E Evans N Everett N Felton
Floyd N Franklin N Golick N Graves Y Greene N Grindley N Hammontree Y Manner N Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson Y Holland Y Holmes
Houston N Howard N Hudgens N Hudson, H N Hudson, N

Y Hugley N Irvin N Jackson, B Y Jackson, L Y James N Jamieson Y Jenkins N Jennings Y Jones N Joyce N Kaye Y Lane N Lewis
Lord
Y Lucas N Maddox N Mann N Manning Y Martin, J N Martin, J.L N Massey Y McBee N McCall Y McClinton N McKinney N Millar N Mills Y Mobley Y Morris N Mosley N Mueller Y O'Neal Y Orrock Y Parham Y Parrish N Parsons

Y Pelote N Pinholster N Poag E Ponder Y Porter N Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece
Reed N Reese N Reichert N Rice N Richardson Y Roberts Y Rogers Y Royal N Sanders N Sauder N Scarlett E Scheid N Scott N Shanahan
Shaw N Shipp Y Sholar Y Sims N Sinkfield Y Skipper N Smith, B Y Smith, C N Smith, C.W N Smith, L

N Smith, L.R Y Smith, P
Smith, T N Smith, V
Smyre N Snelling Y Snow N Squires
Stallings N Stancil Y Stanley, P Y Stanley-Turner N Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman N Tolbert N Trense Y Turnquest Y Twiggs N Unterman
Walker, L N Walker, R.L N Watson Y West
Westmoreland N Whitaker N Wiles N Williams, J N Williams, R N Wix N Yates
Murphy, Spkr

On the motion, the ayes were 68, nays 95. The motion was lost. The following amendment was read and ruled out of order:

WEDNESDAY, MARCH 3, 1999

1157

Representative Felton of the 43rd moves to amend the Floor substitute to HB 352 as follows:
On page 3, line 18, add:

"Funds realized as a result of this fee shall be allocated to creating a City of Sandy Springs. Where no such fee shall be charged and where were a small accountable gov ernment shall be formed." following facilities.

The following amendments were read and adopted:

Representative Heckstall of the 55th moves to amend the Floor substitute to HB 352 as follows:
After period on Line 14 Page 2 add:

Upon the arrestee being found not guilty through the appellate process, the booking fee shall be returned to the arrestee with 30 days.

Representatives Randall of the 127th, Ehrhart of the 36th and Stanley-Turner of the 50th move to amend the Floor substitute to HB 352 as follows:
By striking the word "traffic" where it appears on:

Line 4 of page 1

Line 18 of page 1
And by striking on line 2 page 2 the words "or traffic"
And on line 3 page 2 place a period after the word municipality and strike all the lan guage thereafter on lines 3, 4 and 5 up to ; and the period(.) on line 5.

Representatives Mobley of the 69th, Walker of the 141st, Holmes of the 53rd, Randall of the 127th and Stanley-Turner of the 50th move to amend the Floor substitute to HB 352 as follows:
On page 2, line 7 after the word "fine." add the following

", only after conviction."

The Floor substitute, as amended, was adopted.

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

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

Y Alien Y Anderson Y Ashe Y Bailey N Bannister N Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon N Bordeaux
Borders N Bridges N Brooks N Brown

N Buck Y Buckner N Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell N Cash Y Channell Y Childers N Clark
Coan N Coleman, B
Coleman, T

Y Connell Y Cooper Y Cox N Crawford Y Cummings N Davis, M N Davis, T Y Day N Dean
DeLoach, B Y DeLoach, G Y Dix N Dixon Y Dodson Y Dukes

Y Ehrhart Y Epps E Evans N Everett N Felton
Floyd N Franklin N Golick N Graves Y Greene
Grindley Y Hammontree Y Hanner N Harbin N Harrell

Y Heard Y Heckstall N Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Houston N Howard Y Hudgens Y Hudson, H N Hudson, N N Hugley Y Irvin Y Jackson, B

1158
N Jackson, L N James N Jamieson Y Jenkins
Jennings Y Jones N Joyce N Kaye N Lane N Lewis Y Lord
Lucas Maddox N Mann N Manning N Martin, J N Martin, J.L N Massey Y McBee Y McCall Y McClinton

JOURNAL OF THE HOUSE

N McKinney N Millar Y Mills Y Mobley Y Morris Y Mosley N Mueller Y CWeal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster N Poag
E Ponder
N Porter Y Powell Y Purcell Y Ragas Y Randall

N Ray Y Reaves N Reece
Reed N Reese N Reichert
Rice Y Richardson Y Roberts Y Rogers
Royal N Sanders
Sauder N Scarlett E Scheid N Scott N Shanahan
Shaw N Shipp N Sholar Y Sims

N Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W N Smith, L N Smith, L.R Y Smith, P
Smith, T
N Smith, V
Y Smyre Y Snelling Y Snow Y Squires
Stallings
Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens N Stokes Y Stuckey

N Taylor
Teague
N Teper Y Tillman N Tolbert Y Trense
N Turnquest
N Twiggs N Unterman
Walker, L
Y Walker, R.L Y Watson Y West N Westmoreland Y Whitaker N Wiles Y Williams, J N Williams, R Y Wix N Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 92, nays 69.

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

Representative Dean of the 48th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 352.

The following Resolution of the House was read:
HR 432. By Representatives Murphy of the 18th, Walker of the 141st, Skipper of the 137th, Connell of the 115th, Stanley of the 50th and others

A RESOLUTION

Relative to adjournment; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General As sembly shall adjourn at 5:00 P.M. on Thursday, March 4, 1999, and shall reconvene on Monday, March 8, 1999.

BE IT FURTHER RESOLVED that during such period of adjournment committees shall be authorized to act as provided in House Rule 53 and Senate Rule 115A.

BE IT FURTHER RESOLVED that for the duration of the remainder of the 1999 session of the General Assembly until its adjournment sine die, unless otherwise provided by resolution of the General Assembly, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and shall reconvene on the Monday next following.

BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate; and the hour for convening the House on each such Monday may be as ordered by the House.

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

Y Alien Y Anderson Y Ashe
Y Bailey

Y Bannister Y Barnard Y Barnes Y Benefield

Birdsong Bohannon Bordeaux Borders

Y Bridges Y Brooks Y Brown
Y Buck

Y Buckner Y Bulloch Y Bunn
Y Burkhalter

Y Byrd Y Callaway
Campbell
Cash
Channell
Childers
Clark Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps E Evans Y Everett Y Felton
Floyd Franklin

WEDNESDAY, MARCH 3, 1999

Y Golick Y Graves Y Greene
Y Grindley
Y Hammontree
Y Manner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree
Y Henson Y Holland Y Holmes
Houston Y Howard
Hudgens Y Hudson, H Y Hudson, N
Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane

Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills
Mobley Y Morris Y Mosley
Y Mueller Y OTSTeal
Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag E Ponder Y Porter Y Powell
Y Purcell Y Ragas

Y Randall
Ray
Y Heaves
Y Reece Reed
Y Reese Y Reichert Y Rice
Y Richardson
Y Roberts Y Rogers
Y Royal Y Sanders
Y Sauder
Y Scarlett E Scheid Y Scott Y Shanahan
Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V

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Y Smyre Y Snelling Y Snow Y Squirea Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 164, nays 0.
The Resolution was adopted.
Under the general order of business, established by the Committee on Rules, the follow ing Bill and Resolution of the House were taken up for consideration and read the third time:
HB 605. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
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 enact the "Improved Student Learning Environment and Discipline Act of 1999".
The following Committee substitute was read:
A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to el ementary and secondary education, so as to enact the "Improved Student Learning Envi ronment and Discipline Act of 1999"; to provide for a short title; to require local boards of education to implement a comprehensive character education program for all grade levels and to provide opportunities for parental involvement in connection with such pro gram; to require the Department of Education to develop character education workshops; to provide for professional development for certain teachers whose students are returned to his or her class by a placement review committee; to provide for the adoption of local board of education policies to improve student behavior and discipline, including policies regarding student codes of conduct, student support processes, progressive discipline processes, and parental involvement processes; to require the State Board of Education to establish minimum standards for such policies; to provide for the distribution and availability of student codes of conduct; to require local boards of education to provide

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opportunities for parental involvement in developing student codes of conduct; to provide for certain written reports by teachers of student misconduct and notices to the student's parents or guardians that must be included in local board of education policies; to pro vide for the authority of teachers and principals with respect to classroom management and the discipline of students, including the authority to remove a student from class, implement an alternative placement, and impose disciplinary sanctions, and for proce dures relating thereto; to provide for the composition and duties of student placement review committees; to provide that the parents or guardians of students who are re moved from class may be required to participate in conferences requested by principals; to require local boards of education to file annual reports with the Department of Educa tion regarding student discipline and placement actions; to require the Department of Education to conduct certain studies and report the results to the General Assembly; to require the Department of Education to develop certain training programs; to repeal Code Section 20-2-751.3, relating to student codes of conduct; to provide for grants to lo cal school systems for alternative education programs; to require local school systems to establish certain alternative education programs; to provide for criteria for the distribu tion of such grants and reporting; to provide for related matters; to provide for an effec tive 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 "Improved Student Learning Environ ment and Discipline Act of 1999."
SECTION 2.
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking in its entirety Code Section 20-2-145, relating to a comprehensive character education program, and inserting in lieu thereof a new Code Section 20-2-145, to read as follows:
"20-2-145.

(a) The State Board of Education shall develop by the start of the 1997-1998 school year a comprehensive character education program for levels K-12. This comprehen sive character education program shall be known as the 'character curriculum' and shall focus on the students' development of the following character traits: courage, pa triotism, citizenship, honesty, fairness, respect for others, kindness, cooperation, self-respect, self-control, courtesy, compassion, tolerance, diligence, generosity, punctu ality, cleanliness, cheerfulness, school pride, respect for the environment, respect for the creator, patience, creativity, sportsmanship, loyalty, perseverance, and virtue. Lo cal boards may shall implement such a program at any time and for any in all grade levels, ond the state board shall encourage the implementation of ouch plan at the be ginning of the 2000-2001 school year and shall provide opportunities for parental in volvement in establishing expected outcomes of the character education program.
(b) The Department of Education shall develop character education program work shops designed for employees of local school systems."
SECTION 3.
Said chapter is further amended in Code Section 20-2-210, relating to annual perform ance evaluations of personnel employed by local units of administration, by designating the existing language as subsection (a) and by adding at the end thereof a new subsec tion (b) to read as follows:

WEDNESDAY, MARCH 3, 1999

1161

"(b) Any teacher who removes more than two students from his or her total class en rollment in any school year under subsection (b) of Code Section 20-2-738 who are subsequently returned to the class by the placement review committee because such class is the best available alternative may be required to complete professional devel opment to improve classroom management skills, other skills on the identification and remediation of academic and behavioral student needs, or other instructional skills as identified in a plan derived by the principal of the school in consultation with the teacher."

SECTION 4.
Said chapter is further amended in Part 2 of Article 16, relating to the discipline of stu dents, by adding a new subpart, to be designated as Subpart 1A, to read as follows:

20-2-735.

"Subpart 1A

(a) No later than July 1, 2000, each local board of education shall adopt policies de signed to improve the student learning environment by improving student behavior and discipline. These policies shall provide for the development of age-appropriate stu dent codes of conduct containing standards of behavior, a student support process, a progressive discipline process, and a parental involvement process. The State Board of Education shall establish minimum standards for such local board policies. The De partment of Education shall make available for utilization by each local board of edu cation model student codes of conduct, a model student support process, a model pro gressive discipline process, and a model parental involvement process.

(b) Student standards of behavior developed pursuant to this subpart shall be de signed to create the expectation that students will behave themselves in such a way so as to facilitate a learning environment for themselves and other students, respect each other and school district employees, obey student behavior policies adopted by the lo cal board of education, and obey student behavior rules established by individual schools.

(c) Student support processes developed pursuant to this subpart shall be designed to create the expectation that the process of disciplining students will include due consid eration, as appropriate in light of the severity of the behavioral problem, of student support services that may help the student address behavioral problems and that may be available through the school, the school system, other public entities, or community organizations.

(d) Progressive discipline processes developed pursuant to this subpart shall be de signed to create the expectation that the degree of discipline will be in proportion to the severity of the behavior leading to the discipline, that the previous discipline his tory of the student being disciplined and other relevant factors will be taken into ac count, and that all due process procedures required by federal and state law will be followed.

(e) Parental involvement processes developed pursuant to this subpart shall be de signed to create the expectation that parents and guardians, teachers, and school ad ministrators will work together to improve and enhance student behavior and aca demic performance and will communicate freely their concerns about and actions in response to student behavior that detracts from the learning environment.

(f) It is the policy of this state that it is preferable to reassign disruptive students to isolated and individual oriented in-school suspension programs or alternative educa tional settings rather than to suspend or expel such students from school.

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20-2-736.
(a) Local boards of education shall provide for the distribution of student codes of con duct developed pursuant to Code Section 20-2-735 to each student upon enrollment. Local boards of education shall provide for the distribution of such student codes of conduct to the parents or guardians of each student through such means as may best accomplish such distribution at the local level and are appropriate in light of the grade level of the student, including distribution of student codes of conduct to stu dents and parents or guardians jointly. Local boards of education may solicit the sig natures of students and parents or guardians in acknowledgment of the receipt of such student codes of conduct, as may be suitable to the grade level of the student. In addition, student codes of conduct shall be available in each school and classroom.
(b) Local boards of education shall provide for disciplinary action against students who violate student codes of conduct.
(c) Local boards of education shall provide opportunities for parental involvement in developing and updating student codes of conduct.
20-2-737.
(a) Local board policies adopted pursuant to Code Section 20-2-735 shall require the filing of a report by a teacher who has knowledge that a student has exhibited behav ior that repeatedly or substantially interferes with the teacher's ability to communi cate effectively with the students in his or her class or with the ability of such stu dent's classmates to learn in violation of the student code of conduct. Such report shall be filed with the principal or the principal's designee within one school day of the most recent occurrence of such behavior, shall not exceed one page, and shall de scribe the behavior. The principal or the principal's designee shall, within one school day after receiving such a report from a teacher, send to the student's parents or guardian, a copy of the report and information regarding how the student's parents or guardians may contact the principal or the principal's designee.
(b) If student support services are utilized or if disciplinary action is taken in re sponse to such a report by the principal or the principal's designee, the principal or the principal's designee shall send written notification to the teai-her and the student's parents or guardians of the student support services being utilized or the disciplinary action taken within one school day after such utilization or action and shall make a reasonable attempt to confirm that such written notification has been received by the student's parents or guardians. Such written notification shall include information re garding how the student's parents or guardians may contact the principal or the prin cipal's designee.
20-2-738.
(a) A teacher shall have the authority, consistent with local board policy, to manage his or her classroom, discipline students, and refer a student to the principal or the principal's designee to maintain discipline in the classroom. The principal or the prin cipal's designee shall respond when a student is referred by a teacher by employing appropriate discipline management techniques that are consistent with local board policy.
(b) On and after July 1, 2000, a teacher shall have the authority to remove from his or her class a student who repeatedly or 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 in violation of the student code of conduct, provided that the teacher has previously filed a report pursuant to Code Section 20-2-737 or de termines that such behavior of the student poses an immediate threat to the safety of

WEDNESDAY, MARCH 3, 1999

1163

the student's classmates or the teacher. The teacher shall file with the principal or the principal's designee a report describing the student's behavior, in one page or less, by the end of the school day on which such removal occurs. The principal or the princi pal's designee shall, within one school day after the student's removal from class, send to the student's parents or guardians written notification that the student was re moved from class, a copy of the report filed by the teacher, and information regarding how the student's parents or guardians may contact the principal or the principal's designee.
(c) If a teacher removes a student from class pursuant to subsection (b) of this Code section, the principal or the principal's designee shall discuss the matter with the teacher and the student by the end of the school day on which such removal occurs. The principal or the principal's designee shall give the student oral or written notice of the grounds for his or her removal from class and, if the student denies engaging in such conduct, the principal or the principal's designee shall explain the evidence which supports his or her removal from class and give the student an opportunity to present his or her explanation of the situation. If, after such discussions, the principal or the principal's designee seeks to return the student to the teacher's class and the teacher gives his or her consent, the student shall be returned to the class, and the principal or the principal's designee may take action to discipline the student, as may be war ranted, pursuant to paragraph (1) of subsection (e) of this Code section. If, after such discussions, the principal or the principal's designee seeks to return the student to the teacher's class and the teacher withholds his or her consent to the student's return to his or her class, the principal or the principal's designee shall decide on an appropri ate temporary placement for the student by the end of the first school day following such removal and shall also take steps to convene a meeting of a placement review committee. The placement review committee shall convene by the end of the second school day following such removal by the teacher and shall issue a decision by the end of the third school day following such removal by the teacher. An appropriate tempo rary placement for the student from the time of removal until resolution of the re moval shall be a placement that, in the judgment of the principal or the principal's designee, provides the least interruption to the student's education and reflects other relevant factors including, but not limited to, the severity of the behavior that was the basis for the removal, the student's behavioral history, the student's need for support services, and the available education settings; provided, however, that the student shall not be returned to the class of the teacher who removed him or her unless and until the teacher gives his or her consent or such placement is directed by a decision of a placement review committee.
(d) Local board policies adopted pursuant to Code Section 20-2-735 shall provide for the establishment at each school of one or more placement review committees, each of which is to be composed of three members, to determine the placement of a student when a teacher withholds his or her consent to the return of a student to the teacher's class. For each committee established, the faculty shall choose two teachers to serve as members and one teacher to serve as an alternate member, and the principal shall choose one member of the professional staff of the school to serve as a member. The teacher withholding consent to readmit the student may not serve on the committee. The placement review committee shall have the authority to:
(1) Return the student to the teacher's class upon determining that such placement is the best alternative or the only available alternative; or
(2) Refer the student to the principal or the principal's designee for appropriate ac tion consistent with paragraph (2) of subsection (e) of this Code section.

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The decision of the placement review committee shall be in writing and shall be made within three school days after the teacher withholds consent to the return of a student.
(e)(l) If a placement review committee decides to return a student to a class from which he or she was removed, the principal or the principal's designee shall imple ment such decision of the placement review committee. In addition, the principal or the principal's designee may, consistent with any applicable procedural require ments of the Constitutions of the United States and this state and after considering the use of any appropriate student support services, take any of the following ac tions which are authorized as a response to the alleged violation of the student code of conduct by local board policies adopted pursuant to Code Section 20-2-735:
(A) Place the student in in-school suspension;
(B) Impose out-of-school suspension for not more than ten school days; or
(C) Make another disciplinary decision consistent with local board policy.
(2) If a placement review committee decides not to return a student to a class from which he or she was removed, the principal or the principal's designee shall imple ment such decision of the placement review committee. In addition, the principal or the principal's designee may, consistent with any applicable procedural require ments of the Constitutions of the United States and this state and after considering the use of any appropriate student support services, take any of the following ac tions which are authorized as a response to the alleged violation of the student code of conduct by local board policies adopted pursuant to Code Section 20-2-735:
(A) Place the student into another appropriate classroom, in-school suspension, or an alternative education program;
(B) Impose out-of-school suspension for not more than ten school days;
(C) Make another placement or disciplinary decision consistent with local board policy; or
(D) Implement any appropriate combination of the above.
(f) Within one school day of taking action pursuant to subsection (e) of this Code sec tion, the principal or the principal's designee shall send written notification of such ac tion to the teacher and the parents or guardians of the student and shall make a rea sonable attempt to confirm that such written notification has been received by the student's parents or guardians.
(g) The procedures contained in this Code section relating to student conferences, noti fication of parents or guardians, and conferences with parents or guardians are mini mum requirements. Nothing in this Code section shall be construed to limit the au thority of a local board of education to establish additional requirements relating to student conferences, notification of parents or guardians, conferences with parents or guardians, or other procedures required by the Constitutions of the United States or this state; provided, however, that a student shall not be returned to the class of the teacher who removed him or her unless and until the teacher gives his or her consent or such placement is directed by a decision of a placement review committee.
(h) Parents or guardians of a student who has been removed from class pursuant to subsection (b) of this Code section may be required to participate in conferences that may be requested by the principal or the principal's designee; provided, however, that a student may not be penalized for the failure of his or her parent or guardian to at tend such a conference.
20-2-739.

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1165

On and after July 1, 2000, the Department of Education shall provide training pro grams in conflict management and resolution and in cultural diversity for implemen tation by local boards of education for school employees, parents and guardians, and students.

20-2-740.
(a) Each local board of education shall file an annual report, by August 1 of each year, with the Department of Education regarding disciplinary and placement actions taken during the prior school year. Such report shall classify the types of actions into the fol lowing categories:
(1) Actions in which a student was assigned to in-school susnension;
(2) Actions in which a student was suspended for a period of ten days or less;
(3) Actions in which a student was suspended for a period of more than ten days but not beyond the current school quarter or semester;
(4) Actions in which a student was expelled beyond the current school quarter or se mester but not permanently expelled;
(5) Actions in which a student was permanently expelled;
(6) Actions in which a student was placed in an alternative educational setting;
(7) Actions in which a student was suspended from riding the bus;
(8) Actions in which corporal punishment was administered; and
(9) Actions in which a student was removed from class pursuant to subsection (b) of Code Section 20-2-738.
(b) For each category of disciplinary or placement action listed in paragraphs (1) through (9) of subsection (a) of this Code section, the local board shall provide the fol lowing information: the number of students subject to the type of disciplinary or placement action; the age and grade level of such students; such students' race and gender; and the number of students subject to the type of disciplinary action who were eligible for free or reduced price lunches under federal guidelines. For each action listed in paragraph (9) of subsection (a) of this Code section, the local board shall also provide information regarding the decisions of placement review committees and the disciplinary and placement decisions made by the principal. The data required by this Code section shall be reported separately for each school within the local school sys tem and collected and reported in compliance with the requirements of 20 U.S.C. Sec tions 1232g and 1232h.
(c) The Department of Education shall conduct a study for each school year based upon the statistical data filed by local boards pursuant to this Code section for the purpose of determining trends in discipline. The department shall also utilize existing demographic data on school personnel as needed to establish trends in discipline. Nothing in this Code section shall be construed to authorize the public release of per sonally identifiable information regarding students or school personnel. The depart ment shall submit a report on such study to the General Assembly by December 1, 1999, and annually thereafter.

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20-2-741.
(a) In order to be eligible to receive state funding pursuant to Code Sections 20-2-161 and 20-2-260, each local board of education shall send a copy of the policies adopted pursuant to Code Section 20-2-735 to the State Board of Education by July 1, 2000, and comply with the provisions of this subpart.
(b) The provisions of this subpart, and policies and codes of conduct adopted pursuant to this subpart, shall apply to students in kindergarten through grade 12.
(c) Nothing in this subpart shall infringe on any right provided to students with Indi vidualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act of 1990.
(d) Nothing in this subpart shall be construed to affect the requirements of Subpart 2 of this part, the 'Public School Disciplinary Tribunal Act,' or Subpart 3 of this part, re lating to chronic disciplinary problem students."
SECTION 5. Said chapter is further amended by striking in its entirety Code Section 20-2-751.3, re lating to student codes of conduct, which reads as follows:
"20-2-751.3.
(a) In order to be eligible to receive state funding pursuant to Code Sections 20-2-161 and 20-2-260, each local board of education shall adopt a student code of conduct and shall send a copy of such code of conduct to the State Board of Education by August 15, 1997.
(b) Local boards of education shall provide for disciplinary action against students who violate the student code of conduct. A student who violates the student code of conduct may be punished for misconduct as provided by his or her local board of education.
(c) It is the policy of this state that it is preferable to reassign disruptive students to isolated and individual oriented in-school suspension programs or alternative educa tional settings rather than to suspend or expel such students from school.", and inserting in lieu thereof the following:

"20-2-751.3.
Reserved."
SECTION 6.
Said chapter is further amended by striking in its entirety Code Section 20-2-769, relat ing to alternative education programs, and inserting in lieu thereof a new Code Section 20-2-769 to read as follows:
"20-2-769.
(a) The State Board of Education ia authorized to create an shall provide grants to lo cal school systems for use in alternative school program education programs for atu dcnta in gradca 6 13 to serve students in grades 6-12 who violate the student code codes of conduct adopted by local boards of education. Thia pregfeaa These alternative education programs shall provide the individualized instruction, intervention strate gies, and transition to other education programs these students need to become suc cessful students and good citizens.

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(b) Any local board Local boards of education may choose to shall establish either in dividually or in collaboration with another school system or systems an alternative school education program for the aolc purpose of providing a separate educational pro gram for students who violate the student code codes of conduct and shall apply for grants to be distributed pursuant to this Code section.
(c) The educational alternative education program for an alternative school must shall provide a learning environment that include includes the objectives of the quality core curriculum, ensuring that and the instructional program will shall enable students to make the transition back to a regular school program or seek postaccondary education and ensuring that credit earned by students participating in the alternative school program can be tranafcrrcd to cither the home aehool or another public school. Course credit shall be earned in the alternative education program in the same manner as other education programs.
(d) The state board ia authorized to shall establish criteria and procedures for alterna tive schools education program grants. Each year the state board must review pcti tiono for alternative school status received from local boards of education.--The state board is directed to approve such petitions and to grant alternative school status to lo cal boards of education whose petitions, in the opinion of the state board, meet the cs tabliahod criteria of this Code section. The amount of funds granted to any local school system shall be based upon the estimated number of students in grades 6-12 who are likely to be enrolled in the alternative education program based on eligibility criteria, consistent with this Code section, to be established by the state board.
(e) The atatc board ia authorized to grant alternative school status on a multiycar ba sis, not to exceed five years. Annual progress reports for each alternative school edu cation program must be filed with the State Board of Education. These reports must shall include, at a minimum, a statement of:
(1) The process by which the educational and behavioral program for each student has been determined, including preparation of disciplinary and behavioral correction plans in the case of chronic disciplinary problem students;
(2) The process through which the educational progress of each student has been evaluated and a summary report of the results of these evaluations; and
(3) The process by which students have been returned to their home school or an other public school the regular school program and a summary report of the total number of students served and the enrollment or program completion status of each student upon withdrawal from the alternative aehool education program?; and
(4) The average daily membership and the average daily attendance records for the
(f) The State Board of Education may withdraw an alternative school status dcsigna tion if, in the opinion of the board, the designated school io not complying with the eri tcria and procedures established by the board. In order to be eligible to receive state funding pursuant to Code Sections 20-2-161 and 20-2-260, each local board of educa tion shall comply with the requirements of this Code section. Nothing in this Code section shall be construed to limit the authority of a local board of education to estab lish or operate an alternative education program different from or in addition to the program prescribed in this Code section; provided, however, that no state funds dis tributed pursuant to this Code section shall be expended to operate an alternative ed ucation program which does not meet the requirements of this Code section.

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JOURNAL OF THE HOUSE

(g) If a school district is granted alternative school status for one or more schools and fails to comply with the above requirements for annual reporting, state funding may be withheld."

SECTION 7. This Act shall become effective on July 1, 1999.

SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Stanley of the 49th moves to amend the Committee substitute to HB 605 as follows:
Page 8 line 2 after member "also guidance counselor and parent advocate."

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

N Alien N Anderson N Ashe N Bailey N Bannister N Barnard N Barnes
Benefield N Birdsong N Bohannon N Bordeaux N Borders N Bridges Y Brooks N Brown N Buck
Buckner Y Bulloch N Bunn N Burkhalter N Byrd Y Callaway N Campbell N Cash N Channell N Childers N Clark Y Coan N Coleman, B
Coleman, T N Connell N Cooper N Cox
N Crawford N Cummings Y Davis, M

N Davis, T
Y Day N Dean
DeLoach, B Y DeLoach, G N Dix
Dixon N Dodson N Dukes N Ehrhart N Epps N Evans N Everett N Felton N Floyd N Franklin Y Golick N Graves N Greene N Grindley N Hammontree N Hanner Y Harbin Y Harrell N Heard N Heckstall N Hegstrom N Hembree N Henson N Holland N Holmes
Houston N Howard N Hudgens N Hudson, H N Hudson, N

N Hugley N Irvin N Jackson, B N Jackson, L N James N Jamieson N Jenkins N Jennings N Jones Y Joyce Y Kaye N Lane N Lewis N Lord
Lucas
N Maddox N Mann N Manning N Martin, J N Martin, J.L N Massey N McBee N McCall N McClinton N McKinney N Millar N Mills Y Mobley N Morris N Mosley Y Mueller N CWeal N Orrock N Parham N Parrish N Parsons

Y Pelote N Pinholster N Poag E Ponder
N Porter N Powell N Purcell N Ragas Y Handall N Ray N Reaves N Reece
Reed Y Reese N Reichert N Rice Y Richardson N Roberts N Rogers N Royal N Sanders N Sauder N Scarlett E Scheid N Scott N Shanahan N Shaw N Shipp N Sholar Y Sims
Sinkfield N Skipper N Smith, B N Smith, C N Smith, C.W
N Smith, L

N Smith, L.R N Smith, P N Smith, T N Smith, V
Smyre N Snelling N Snow N Squires N Stallings N Stancil Y Stanley, P Y Stanley-Turner N Stephens N Stokes N Stuckey N Taylor N Teague N Teper
Tillman
N Tolbert N Trense N Turnquest N Twiggs N Unterman
Walker, L N Walker, R.L N Watson N West N Westmoreland N Whitaker Y Wiles Y Williams, J N Williams, R N Wix N Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 23, nays 142. The amendment was lost. The following amendment was read:

WEDNESDAY, MARCH 3, 1999

1169

Representative Williams of the 83rd moves to amend the Committee substitute to HB 605 as follows:
Page 10 line 6 after ".";

For purposes of this code section "cultural diversity" shall mean ethnic and regional differences but shall not include sexual orientation.
Page 10 line 4 after "for" insert "voluntary".

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

N Alien N Anderson N Ashe
N Bailey Y Bannister
y Barnard
N Barnes N Benefield N Birdsong Y Bohannon N Bordeaux N Borders Y Bridges N Brooks Y Brown N Buck
Buckner N Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell N Childers Y Clark Y Coan N Coleman, B
Coleman, T
N Connell Y Cooper Y Cox Y Crawford N Cummings Y Davis, M

N Davis, T Y Day N Dean
DeLoach, B Y DeLoach, G Y Dix
Dixon
N Dodson
N Dukes Y Ehrhart N Epps Y Evans Y Everett Y Felton N Floyd Y Franklin Y Golick Y Graves N Greene Y Grindley Y Hammontree N Hanner Y Harbin N Harrell N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes
Houston N Howard Y Hudgens N Hudson, H N Hudson, N

N Hugley Y Irvin Y Jackson, B
N Jackson, L
N James N Jamieson N Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis N Lord
Lucas N Maddox Y Mann Y Manning N Martin, J Y Martin, J.L
Massey
N McBee McCall
N McClinton Y McKinney Y Millar Y Mills N Mobley Y Morris Y Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish Y Parsons

N Pelote
Y Pinholster N Poag E Ponder N Porter N Powell
N Purcell N Ragas N Randall Y Ray N Reaves
N Reece Reed
Y Reese N Reichert Y Rice Y Richardson N Roberts N Rogers N Royal
Y Sanders
Y Sauder Y Scarlett E Scheid N Scott N Shanahan N Shaw Y Shipp N Sholar Y Sims
N Sinkfield N Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L

Y Smith, L.R N Smith, P Y Smith, T Y Smith, V
Smyre
Y Snelling N Snow N Squires N Stallings
Y Stancil
N Stanley, P
Stanley-Turner
Y Stephens N Stokes N Stuckey N Taylor
N Teague
N Teper N Tillman Y Tolbert Y Trense N Turnquest
Twiggs N Unterman
Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R N Wix
Y Yates N Murphy, Spkr

On the adoption of the amendment, the ayes were 78, nays 87.
The amendment was lost.
Due to a mechanical malfunction, the vote of Representative Massey of the 86th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following amendment was read:
Representative Teague of the 58th moves to amend the Committee substitute to HB 605 as follows: Section 3 page 3 after teacher line 20 add
Let the money that the state pays for a child's education follow the child at this point or time of change.

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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:

Y Alien Y Anderson N Ashe N Bailey N Bannister N Barnard N Barnes N Benefield N Birdsong N Bohannon N Bordeaux N Borders N Bridges Y Brooks Y Brown N Buck
Buckner N Bulloch Y Bunn N Burkhalter N Byrd Y Callaway N Campbell N Cash N Channel! N Childers N Clark Y Coan N Coleman, B
Coleman, T N Connell N Cooper N Cox N Crawford N Cummings Y Davis, M

N Davis, T N Day N Dean
DeLoach, B N DeLoach, G N Dix
Dixon N Dodson N Dukes N Ehrhart
Epps N Evans N Everett N Felton N Floyd N Franklin N Golick N Graves N Greene N Grindley N Hammontree N Hanner N Harbin N Harrell N Heard N Heckstall N Hegstrom N Hembree N Henson N Holland N Holmes
Houston Howard N Hudgens N Hudson, H Hudson, N

N Hugley N Irvin N Jackson, B N Jackson, L N James N Jamieson N Jenkins
N Jennings N Jones Y Joyce
N Kaye N Lane N Lewis N Lord
Lucas N Maddox N Mann
N Manning N Martin, J N Martin, J.L N Massey N McBee
McCall
N McClinton
Y McKinney N Millar N Mills Y Mobley N Morris
N Mosley Y Mueller N OTSIeal N Orrock
Parham N Parrish N Parsons

Pelote Pinholster Poag Ponder Porter Powell Purcell
Randall Ray Reaves Reece Reed Reese Reichert Rice Richardson Roberts
Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L

Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow
Squires Stallings Stancil Stanley, P Stanley-Turner Stephens Stokes Stuckey Taylor
Teague Teper
Tillman Tolbert Trense Turnquest Twiggs Unterman Walker, L Walker, R.L Watson West Westmoreland Whitaker Wiles Williams, J
Williams, R Wix Yates Murphy, Spkr

On the adoption of the amendment, the ayes were 14, nays 147.

The amendment was lost.

The following amendment was read:

Representative Brown of the 130th moves to amend the Committee substitute to HB 605 as follows:
Add a new sentence to line 15 p.6 to read as follows:

There is nothing in this section that is being mandated by the state that would deny the teacher the right to remove a disruptive student and send he/she to the principal's office without a written report.

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

N Alien N Anderson N Ashe N Bailey Y Bannister Y Barnard N Barnes

Benefield N Birdsong Y Bohannon N Bordeaux N Borders Y Bridges N Brooks

Y Brown N Buck
Buckner N Bulloch Y Bunn Y Burkhalter N Byrd

Y Callaway N Campbell Y Cash Y Channell N Childers Y Clark Y Coan

N Coleman, B Coleman, T
N Connell N Cooper Y Cox N Crawford N Cummings

Y Davis, M Y Davis, T Y Day N Dean N DeLoach, B
Y DeLoach, G Y Dix
Dixon
N Dodson N Dukes Y Ehrhart N Epps Y Evans Y Everett N Felton N Floyd Y Franklin Y Golick Y Graves N Greene
Y Grindley
Y Hammontree N Hanner
Y Harbin N Harrell N Heard N Heckstall N Hegstrom
Y Hembree

WEDNESDAY, MARCH 3, 1999

N Henson N Holland N Holmes
Houston N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley N Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Jones Y Joyce Y Kaye N Lane Y Lewis N Lord N Lucas N Maddox Y Mann Y Manning
N Martin, J
Martin, J.L N Massey

N McBee McCall
N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish Y Parsons N Pelote Y Pinholster N Poag E Ponder N Porter
Powell N Purcell N Ragas N Randall N Ray N Reaves N Reece
Reed Y Reese

N Reichert
Y Rice Y Richardson N Roberts Y Rogers N Royal
Y Sanders
N Sauder N Scarlett E Scheid N Scott
N Shanahan
N Shaw N Shipp N Sholar N Sims N Sinkfield N Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L Y Smith, L.R N Smith, P N Smith, T Y Smith, V
Smyre
Y Snelling N Snow

1171
N Squires N Stailings N Stancil Y Stanley, P
Stanley-Turner Y Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman Y Tolbert N Trense N Turnquest N Twiggs N Unterman
Walker, L Y Walker, R.L N Watson N West Y Westmoreland N Whitaker Y Wiles Y Williams, J N Williams, R N Wix Y Yates N Murphy, Spkr

On the adoption of the amendment, the ayes were 59, nays 107.

The amendment was lost.

The following amendment was read and adopted:

Representative Walker of the 87th moves to amend the Committee substitute to HB 605 as follows:
Page 10, line 4, insert the word "voluntary" between the words "for" and "implementation".

The following amendment was read:

Representative Joyce of the 1st moves to amend the Committee substitute to HB 605 as follows:
Page 10, line 4 delete "and in cultural diversity".

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

N Alien N Anderson N Ashe N Bailey Y Bannister Y Barnard N Barnes N Benefield N Birdsong Y Bohannon N Bordeaux N Borders Y Bridges N Brooks Y Brown

N Buck N Buckner N Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channel!
N Childers
Y Clark Y Coan N Coleman, B
Coleman, T

N Connell Y Cooper N Cox Y Crawford
N Cummings
Y Davis, M Y Davis, T Y Day N Dean Y DeLoach, B Y DeLoach, G Y Dix
Dixon
N Dodson N Dukes

Y Ehrhart N Epps Y Evans
Y Everett N Felton
N Floyd Y Franklin Y Golick Y Graves N Greene Y Grindley
Y Hammontree N Hanner Y Harbin N Harrell

N Heard N Heckstall N Hegstrom Y Hembree
Henson
N Holland
N Holmes
Houston N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Y Irvin Y Jackson, B

1172
N Jackson, L N James N Jamieson N Jenkins Y Jennings N Jones Y Joyce Y Kaye N Lane Y Lewis
Lord N Lucas N Maddox Y Mann Y Manning N Martin, J N Martin, J.L Y Massey N McBee
McCall N McCHnton

JOURNAL OF THE HOUSE

N McKinney Y Millar Y Mills N Mobley N Morris Y Mosley Y Mueller N CCNeal N Orrock N Parham N Parrish Y Parsons N Pelote Y Pinholster N Poag E Ponder N Porter
Powell N Purcell N Ragas N Randall

N Ray N Reaves N Reece
Reed Y Reese N Reichert Y Rice Y Richardson N Roberts N Rogers N Royal Y Sanders Y Sauder Y Scarlett E Scheid N Scott N Shanahan
Shaw Y Shipp N Sholar N Sims

N Sinkfield N Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L Y Smith, L.R N Smith, P Y Smith, T Y Smith, V
Smyre
Y Snelling N Snow N Squires N Stalling*
Y Stancil
N Stanley, P N Stanley-Turner N Stephens N Stokes N Stuckey

N Taylor Teague
N Teper N Tillman Y Tolbert N Trense N Turnquest
Twiggs N Unterman
Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R N Wix Y Yates N Murphy, Spkr

On the adoption of the amendment, the ayes were 70, nays 95.

The amendment was lost.

The Committee substitute, as amended, was adopted.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks N Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd N Callaway Y Campbell Y Cash Y Channel! Y Childers Y Clark N Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox

Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix
Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd N Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Houston
Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones N Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar N Mills

Y Mobley Y Morris Y Mosley Y Mueller Y OTSIeal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag E Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece
Reed N Reebe Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett E Scheid

Y "cott Y aanahan Y Bhaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense

Y Turnquest Y Twiggs Y Unterman

WEDNESDAY, MARCH 3, 1999

Walker, L Y Walker, R.L Y Watson

West Westmoreland Whitaker

Y Wiles Y Williams, J Y Williams, R

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Y Wix N Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 163, nays 10.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HR 325. By Representatives Jenkins of the 110th, James of the 140th, Massey of the 86th, Jackson of the 112th, Whitaker of the 7th and others:
A resolution designating the Georgia Emergency Management Agency haz ardous materials training facility at the Georgia Public Safety Training Center in Forsyth as the "Neil Jordan Holton Hazardous Materials Training Facility".

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

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

Alien Anderson Ashe Bailey Bannister Barnard Barnes Benefield Birdsong Bohannon Bordeaux Borders Bridges Brooks Brown Buck Buckner Bulloch Bunn Burkhalter Byrd Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Connell Cooper Cox Crawford Cummings Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G
Dix Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Houston Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce
Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote
Y Pinholster
Y Poag
E Ponder
Y Porter
Y Powell
Y Purcell
Y Ragas
Y Randall
Y Ray
Y Reaves
Y Reece
Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts
Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow
Squires
Stallings Stancil Stanley, P Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper Tillman Tolbert Trense
Turnquest Twiggs
Unterman
Walker, L Walker, R.L Watson West Westmoreland Whitaker Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 167, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. The following Resolution of the House was read and referred to the Committee on Rules:

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HR 433. By Representatives Heard of the 89th, Watson of the 70th and Roberts of the 162nd:
A resolution commending Dwayne Robinson and inviting him to appear before the House of Representatives.
Representative Sinkfield of the 57th District, Chairman of the Committee on Children and Youth, submitted the following report:

Mr. Speaker:
Your Committee on Children and Youth has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the follow ing recommendation:
HB 852 Do Pass
Respectfully submitted, lal Sinkfield of the 57th
Chairman
Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Resolu tion of the House and has instructed me to report the same back to the House with the following recommendation:
HR 417 Do Pass
Respectfully submitted, lal Childers of the 13th
Chairman
Representative Smith of the 109th District, Chairman of the Committee on Industrial Relations, submitted the following report:

Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the fol lowing recommendation:
HB 779 Do Pass, as Amended
Respectfully submitted, lal Smith of the 109th
Chairman
Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:

WEDNESDAY, MARCH 3, 1999

1175

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 732 Do Pass, by Substitute
Respectfully submitted, Isl Martin of the 47th
Chairman
Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 813 Do Pass SB 13 Do Pass
Respectfully submitted, /s/ Twiggs of the 8th
Chairman
Representative Benefield of the 96th District, Chairman of the Committee on Transpor tation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the fol lowing recommendation:
HR 416 Do Pass
Respectfully submitted, Isl Benefield of the 96th
Chairman
The Speaker announced the House in recess subject to the call of the Chair. The House will convene at 10:00 o'clock the next legislative day.

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Representative Hall, Atlanta, Georgia

Thursday, March 4, 1999

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend Rosa L. Williams, Pastor, Everfaithful Missionary Baptist Church, Augusta, Georgia.
The members pledged allegiance to the flag.
Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 881. By Representatives Jackson of the 112th, Williams of the 114th, Harbin of the 113th, Smith of the 91st and Coan of the 82nd:
A bill to amend Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions applicable to abandoned motor vehicles, so as to provide that no person who is in possession of an abandoned or derelict motor vehicle which has been involved in an accident and who has been notified that there are insurance claims or civil actions involving the accident or motor vehicle still outstanding or pending shall scrap, dismantle, demolish, or dispose of such vehicle until such person has been notified that all insurance claims have been settled or concluded.
Referred to the Committee on Motor Vehicles.

THURSDAY, MARCH 4, 1999

1177

HB 882. By Representatives Manning of the 32nd, Shipp of the 38th, Cummings of the 27th, Jenkins of the 110th and Byrd of the 170th: A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Anno tated, relating to emergency medical services, so as to expand the operation of the Emergency Medical Systems Communications Program and compre hensively change the way it is administered; to allow licensed ambulance providers to provide service in any health district if certain criteria are met.
Referred to the Committee on Public Safety.
HB 883. By Representative Greene of the 158th: A bill to amend an Act providing a new charter for the City of Fort Gaines, so as to delete the provisions relating to elections by majority; to provide for elections by plurality.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 884. By Representative Sims of the 167th: A bill to amend an Act reconstituting the Board of Education of Atkinson County, so as to change the compensation of the members of the board of education.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 885. By Representatives Hammontree of the 4th and Mann of the 5th: A bill to amend an Act entitled "An Act creating the board of commissioners of Whitfield County," so as to authorize the board of commissioners to pro vide for a change in the compensation of the chairperson and members of such board.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 886. By Representatives Benefield of the 96th and McCall of the 90th: A bill to amend Article 12 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road regarding acci dents, so as to change certain provisions relating to the duty to remove a vehicle from the roadway of an expressway or multilane highway.
Referred to the Committee on Transportation.
HB 887. By Representatives Hudson of the 156th, Ray of the 128th, Parrish of the 144th, Royal of the 164th, Greene of the 158th and others: A bill to amend Article 1 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Firelighter's Pension Fund, so as to expand the scope of fire fighters eligible to become members of the fund; to change a certain definition; to repeal Code Section 47-7-2, relating to the purpose of the fund.
Referred to the Committee on Retirement.
HB 888. By Representatives Dixon of the 168th and DeLoach of the 119th: A bill to amend Article 1 of Chapter 5 of Title 3 of the Official Code of Geor gia Annotated, relating to general provisions relative to malt beverages, so as to provide for conditions under which kegs of malt beverages may be sold at retail.
Referred to the Committee on Regulated Beverages.

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JOURNAL OF THE HOUSE

HB 889. By Representative Crawford of the 129th: A bill to amend an Act creating the Board of Commissioners of Roads and Revenues for Upson County, so as to provide for matters under the exclu sive jurisdiction and control of the board of commissioners; to provide for the appointment of a county manager and county clerk.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 890. By Representative Greene of the 158th: A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance fees and taxes, so as to make special provisions with respect to use of certain local insurance premium taxes in certain counties wherein a certain portion of the population resides on federal mili tary facilities; to provide that such counties and the municipalities therein shall enter into certain intergovernmental agreements as a condition of re ceipt of the proceeds of such taxes.
Referred to the Committee on Ways & Means.
HB 891. By Representatives Alien of the 117th, Anderson of the 116th, Stanley of the 49th and Howard of the 118th: A bill to amend Code Section 19-7-49 of the Official Code of Georgia Anno tated, relating to paternity orders, so as to change the contents and effect of such orders; to provide for an effective date; to provide for applicability.
Referred to the Committee on Judiciary.
HB 892. By Representatives Alien of the 117th, Anderson of the 116th, Stanley of the 49th and Howard of the 118th: A bill to amend Code Section 15-11-9.1 of the Official Code of Georgia An notated, relating to juvenile court intake and probation services, so as to provide that certain employees transferred from county juvenile courts to the state-wide juvenile and intake services will be included in the classified service of the state merit system; to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the state merit sys tem generally, so as to make conforming changes.
Referred to the Committee on Judiciary.
HB 893. By Representatives Alien of the 117th, Anderson of the 116th, Stanley of the 49th and Howard of the 118th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for certain circumstances under which accident reports may be disclosed.
Referred to the Committee on Judiciary.
HB 894. By Representatives Birdsong of the 123rd, Murphy of the 18th, Connell of the 115th, Walker of the 141st, Roberts of the 162nd and others: A bill to amend Part 2 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the War Veterans Home, so as to provide that a war veteran shall not be eligible for admission to the Georgia War Veterans' Nursing Home or the Georgia State War Veterans' Home un less such war veteran has been a resident of this state for a period of at least five years immediately prior to application for admission.
Referred to the Committee on Defense & Veterans Affairs.

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HB 895. By Representative Hudson of the 156th:
A bill to amend an Act creating the Fitzgerald and Ben Hill County Devel opment Authority, so as to change the provisions relating to the secretary of the Authority; to provide for the creation of the office of Executive Secretary of the Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 896. By Representative Hudson of the 156th: A bill to create and establish the Fitzgerald-Ben Hill County Charter Commission.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 897. By Representatives Coan of the 82nd, Massey of the 86th, Whitaker of the 7th, Mills of the 21st and Rice of the 79th: A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to eliminate a certain fee and to change the method of com pensating tag agents.
Referred to the Committee on Motor Vehicles.
HR 434. By Representatives Snow of the 2nd, Harbin of the 113th, Sauder of the 29th, Smith of the 169th, Parsons of the 40th and others: A resolution creating the House Study Committee on Regional Development Centers.
Referred to the Committee on Rules.
HR 435. By Representatives Reaves of the 178th, Lane of the 146th, Royal of the 164th, Hudson of the 156th, Martin of the 145th and others: A resolution urging the Congress of the United States to revise the Federal Crop Insurance Program.
Referred to the Committee on Agriculture & Consumer Affairs.

HR 436. By Representatives James of the 140th and Walker of the 141st:
A resolution designating that portion of State Highway Route 49 in Macon County, Georgia, from the entrance of the Andersonville National Historic Site to the intersection of Highway 49 and Highway 26 as the "John A. Trask Highway".
Referred to the Committee on Transportation.

HR 437. By Representatives Morris of the 155th, Murphy of the 18th, Coleman of the 142nd, Skipper of the 137th, Walker of the 141st and others: A resolution designating Highway 130 as the Fisher Barfoot Highway.
Referred to the Committee on Transportation.

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

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HB 917. By Representatives Dean of the 48th, Martin of the 47th, Orrock of the 56th and Sinkfield of the 57th:

A bill to amend an Act entitled the "Atlanta Community Improvement Dis trict Act," so as to change the provisions relating to filling vacancies on the governing body of a community improvement district.

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 853 HB 854 HB 855 HB 856 HB 857 HB 858 HB 859 HB 860 HB 861 HB 862 HB 863 HB 865 HB 866 HB 867 HB 868 HB 869 HB 870 HB 871 HB 872 HB 873 HB 874 HB 875 HB 876

HB 877 HB 878 HB 879 HB 880 HR 428 HR 429 HR 430 HR 431 SB 51 SB 61 SB 117 SB 130 SB 139 SB 177 SB 207 SB 208 SB 209 SB 215 SB 217 SB 223 SR 135 SR 136 SR 151

Representative Parrish of the 144th District, Chairman of the Committee on Banks & Banking, submitted the following report:

Mr. Speaker:

Your Committee on Banks & Banking has had under consideration the following Resolu tion of the House and has instructed me to report the same back to the House with the following recommendation:
HR 428 Do Pass
Respectfully submitted, Isl Parrish of the 144th
Chairman

Representative Hudson of the 156th District, Chairman of the Committee on Industry, submitted the following report:

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1181

Mr. Speaker:

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

HB 150 Do Pass, by Substitute HB 151 Do Pass, by Substitute HB 326 Do Pass, by Substitute HB 542 Do Pass, by Substitute

HB 696 Do Pass HB 740 Do Pass, by Substitute HB 822 Do Pass

Respectfully submitted, /s/ Hudson of the 156th
Chairman

Representative Hanner of the 159th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:

Your Committee on Natural Resources and Environment has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 657 Do Pass
Respectfully submitted, /s/ Hanner of the 159th
Chairman

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

Mr. Speaker:

Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 847 Do Pass
Respectfully submitted, /s/ Cummings of the 27th
Chairman

Representative Smyre of the 136th District, Chairman of the Committee on Rules, sub mitted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 720 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman

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Representative Randall of the 127th District, Chairman of the Committee on Special Ju diciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 259 Do Pass, by Substitute HB 584 Do Pass HB 671 Do Pass, by Substitute
Respectfully submitted, /a/ Randall of the 127th
Chairman
Representative Lucas of the 124th District, Chairman of the Committee on State Institu tions & Property, submitted the following report:

Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the fol lowing Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 540 Do Pass, by Substitute
Respectfully submitted, /s/ Lucas of the 124th
Chairman
Representative Royal of the 164th District, Chairman of the Committee on State Plan ning & 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 688 Do Pass HB 690 Do Pass HB 805 Do Pass HB 810 Do Pass HB 824 Do Pass HB 825 Do Pass HB 827 Do Pass HB 828 Do Pass HB 829 Do Pass

HB 833 Do Pass HB 834 Do Pass HB 836 Do Pass HB 838 Do Pass HB 839 Do Pass HB 842 Do Pass HB 843 Do Pass HB 851 Do Pass

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

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

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HOUSE RULES CALENDAR THURSDAY, MARCH 4, 1999
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 30th Legislative Day as enumer ated below:
HB 101 Supplemental appropriations; FY 1998-1999 HB 366 Wills, trusts, and estates; amend provisions HB 462 Pharmacies; certain stores; sign and ID limitations HB 560 Evidence; raw research data; limit discovery and admissibility HB 564 Board of Natural Resources; category I dams; require fee HB 580 Law enforcement; require chief or head of agency; training HB 597 Superior court clerks; make available cert real estate indices HB 616 Public ret systems; minimum funding stds; comply with federal law HB 617 Public Retirement Systems Investment Authority Law; enact HB 695 World Congress Center Authority; board of governors; membership HB 699 Local government; service delivery strategies; criteria; funding HB 701 Houston Judicial Circuit; terms of court HB 734 Secretary of State; examining boards; amend provisions HB 782 Judicial sales; pub of notices; official organs; amend provisions
SB 57 Regional Transportation Authority - provide (Thompson of the 33rd)
Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Smyre of the 136th
Chairman
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: HB 688. By Representative Martin of the 47th:
A bill to amend an Act creating a State Court of Fulton County by consoli dating the Criminal Court of Fulton County and the Civil Court of Fulton County, so as to change the provisions relating to the chief clerk of that court; to provide for a court administrator for said court and provide for elec tion, compensation, duties, and powers.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 3.
The Bill, having received the requisite constitutional majority, was passed. HB 690. By Representative Martin of the 47th:
A bill to amend an Act providing for the appointment of magistrates in Fulton County, so as to change the number of magistrates in Fulton County; to provide the procedure in connection with the appointment of new magis trates and provide for terms of office.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 3.

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The Bill, having received the requisite constitutional majority, was passed. HB 805. By Representatives Connell of the 115th, Alien of the 117th, DeLoach of the
119th, Anderson of the 116th, Howard of the 118th and others: A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to provide that such officials shall be entitled to re ceive a travel allowance and reasonable expenses; to change certain provi sions relative to the salary of state court 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 114, nays 3.
The Bill, having received the requisite constitutional majority, was passed. HB 810. By Representative Walker of the 87th:
A bill to amend an Act to reincorporate the City of Monroe in the County of Walton, so as to define the terms gross revenue as used in the provisions re lating to franchises.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 3.
The Bill, having received the requisite constitutional majority, was passed. HB 824. By Representative Martin of the 145th:
A bill to provide a new charter for the Town of Pulaski.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 3.
The Bill, having received the requisite constitutional majority, was passed. HB 825. By Representatives West of the 101st and Stallings of the 100th:
A bill to amend an Act providing for the nomination and election of the chief magistrate of Carroll County, so as to provide for the election of the chief magistrate of the Magistrate Court of Carroll County and the judge of the state court in a nonpartisan primary and election.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 3.
The Bill, having received the requisite constitutional majority, was passed. HB 827. By Representative Poag of the 6th:
A bill to amend an Act relating to the Magistrate Court of Murray County, so as to provide for cost-of-living and longevity increases in the salary of the chief magistrate.

THURSDAY, MARCH 4, 1999

1185

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 3.
The Bill, having received the requisite constitutional majority, was passed. HB 828. By Representative Poag of the 6th:
A bill to amend an Act placing the clerk of the superior court, sheriff, judge of the probate court, and tax commissioner of Murray County on an annual salary, so as to provide for cost-of-living and longevity increases in the salary of the clerk of the superior 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 114, nays 3.
The Bill, having received the requisite constitutional majority, was passed. HB 829. By Representative Tolbert of the 25th:
A bill to amend the "Jackson County Water and Sewerage Authority Act," so as to provide for certain specific powers of the Jackson 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 114, nays 3.
The Bill, having received the requisite constitutional majority, was passed. HB 833. By Representative Tolbert of the 25th:
A bill to create the City of Jefferson Public Building Authority and to provide for the appointment of members of the Authority.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 3.
The Bill, having received the requisite constitutional majority, was passed. HB 834. By Representatives Stallings of the 100th and Snelling of the 99th:
A bill providing a new charter for the City of Villa Rica, so as to increase the penalties the municipal court is authorized to impose.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 3.
The Bill, having received the requisite constitutional majority, was passed. HB 836. By Representative Epps of the 131st:
A bill to provide a new charter for the City of Luthersville.

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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 114, nays 3.
The Bill, having received the requisite constitutional majority, was passed. HB 839. By Representative Dukes of the 161st:
A bill to provide a new charter for the City of Newton.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 3.
The Bill, having received the requisite constitutional majority, was passed. HB 842. By Representatives Wix of the 33rd, Wiles of the 34th, Grindley of the 35th,
Cooper of the 31st, Ehrhart of the 36th 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 clerk of the probate court.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 3.
The Bill, having received the requisite constitutional majority, was passed. HB 843. By Representatives Wix of the 33rd, Ehrhart of the 36th, Sauder of the
29th, Parsons of the 40th, Shipp of the 38th and others: A bill to amend an Act creating the board of commissioners of Cobb County, so as to change the provisions relating to the compensation of the commis sioners and the chairperson.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 3.
The Bill, having received the requisite constitutional majority, was passed. HB 851. 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 ex pense allowance of the chairperson and other members of the board of commissioners.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

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1187

HB 838. By Representatives Bailey of the 93rd, Benefield of the 96th and Barnes of the 97th:
A bill to amend an Act providing a homestead exemption from all City of Riverdale ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, for the full value of the homestead for residents of the City of Riverdale who are 65 years of age or over and whose income does not exceed $6,000.00, so as to raise such income ceiling to $12,000.00.

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

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

Y Alien
Y Anderson
Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon
Bordeaux Y Borders
Bridges Y Brooks Y Brown Y Buck
Buckner
Y Bulloch Bunn
Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers
Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox
Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Y Dean
Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes
Ehrhart Epps Y Evans Y Everett Y Felton
Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom
Hembree E Henson Y Holland Y Holmes
Houston Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin
Jackson, B Y Jackson, L
Y James Y Jamieson
Y Jenkins Y Jennings
Jones Y Joyce Y Kaye
Y Lane Y Lewis Y Lord
Lucas
Maddox
Y Mann Y Manning
Martin, J Y Martin, J.L
Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster
Poag E Ponder Y Porter Y Powell Y Purcell
Ragas
Randall
Y Ray Reaves
Y Reece Y Reed
Reese Y Reichert Y Rice Y Richardson
Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar
Sims Y Sinkfield Y Skipper Y Smith, B
Smith, C Smith, C.W Y Smith, L

Smith, L.R Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P
Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert
Trense Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 142, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:

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SB 26. By Senator Burton of the 5th:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Geor gia Annotated, relating to general provisions concerning child custody pro ceedings, so as to provide for consideration of evidence regarding emotional, physical, or psychological abuse; to provide that under certain circumstances the court shall be authorized to order that visitation take place only under supervision.
SB 54. By Senators Madden of the 47th, Gillis of the 20th, Streat of the 19th and Ragan of the llth:
A bill to amend Article 15 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to acquisitions and dispositions of certain hospi tals, so as to change the provisions relating to definitions and required analy ses and reports; to delete certain fee and cost paying requirements but pro vide for paying certain other costs; to change certain certification requirements; to provide an exemption for the renewal of certain leases.
SB 72. By Senators Hill of the 4th and Marable of the 52nd:
A bill to amend Code Section 15-11-5 of the Official Code of Georgia Anno tated, relating to the jurisdiction of the juvenile court, so as to provide for the court's jurisdiction over certain proceedings initiated by local boards of educa tion; to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary and secondary education, so as to provide for grants to schools and school systems which develop and implement certain compacts among teachers, students, and parents.
SB 98. By Senators Hecht of the 34th, Dean of the 31st, Hooks of the 14th and others:
A bill to amend Code Section 48-5-306 of the Official Code of Georgia Anno tated, relating to notice of changes in taxpayer's return, so as to add provi sions relating to the contents of such notice.
SB 102. By Senators Stokes of the 43rd, Jackson of the 50th and Butler of the 55th:
A bill to amend Chapter 2 of Title 49 of the Official Code of Georgia Anno tated, relating to the Department of Human Resources, so as to authorize the Department of Human Resources to receive conviction data concerning the adult persons residing in foster and adoptive homes in which it may place children who are in its custody; to provide for the privileged nature of such data and the use of such data.
SB 106. By Senators Land of the 16th and Harbison of the 15th:
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 change certain provisions relating to multiyear lease, purchase, or lease purchase contracts; to provide an effective date.
SB 120. By Senators Perdue of the 18th and Gillis of the 20th:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to provide that any person sentenced for a crime involving the knowing injury or death of a law enforcement officer, firefighter, or emer gency medical technician acting in the line of official duty committed on or after the effective date of this Act shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles.
SB 137. By Senator Madden of the 47th:
A bill to amend Code Section 19-7-1 of the Official Code of Georgia Anno tated, relating to persons in whom parental power lies, how such power lost,

THURSDAY, MARCH 4, 1999

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and related matters, so as to provide that a great-grandparent may partici pate in an action for child custody.
SB 143. By Senators Huggins of the 53rd, Burton of the 5th, Streat of the 19th and others:
A bill to amend Code Section 47-3-127 of the Official Code of Georgia Anno tated, relating to the effect of the restoration to service on retirement al lowances under the Teachers Retirement System of Georgia, so as to provide for the reimbursement to the retirement system of benefits wrongfully paid.
SB 154. By Senators Meyer von Bremen of 12th, Bowen of the 13th and Lee of the 29th:
A bill to amend Article 2 of Chapter 9 of Title 40 of the Official Code of Geor gia Annotated, relating to the reporting of accidents and giving security for damages, so as to require local law enforcement agencies to send the original document of any accident report to the Department of Public Safety; to au thorize local law enforcement agencies to transmit information on accident reports to the Department of Public Safety.
SB 155. By Senators Meyer von Bremen of 12th, Bowen of the 13th and Lee of the 29th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Anno tated, relating to general provisions applicable to the Department of Public Safety, so as to make it unlawful for any person to manufacture, offer for sale, or sell or for any person to purchase, attempt to purchase, or possess any badge or replica of a badge used by the Department of Public Safety un less such manufacture, sale, purchase, or possession is authorized by law or authorized in writing by the commissioner of public safety.
SB 176. By Senators Land of the 16th, Meyer von Bremen of 12th and Hecht of the 34th:
A bill to amend Titles 9 and 15 of the Official Code of Georgia Annotated, re lating respectively to civil practice and the courts, so as to provide for a sys tem of gathering, processing, transmission, compilation, and analysis of infor mation relating to civil and criminal cases; to provide for the design, completion, and filing of case filings and dispositions information forms; to provide for assistance of the clerk of the court for unrepresented parties.
SB 178. By Senators Walker of the 22nd and Dean of the 31st:
A bill to amend Article 4 of Chapter 5 of Title 46 of the Official Code of Geor gia Annotated, "The Telecommunications and Competition Development Act of 1995," so as to change certain provisions relating to written authorization of charges made by telecommunications companies for services provided by third parties; to provide that such requirements shall apply to third parties that are not affiliated with the telecommunications company.
SB 181. By Senators Walker of the 22nd, Madden of the 47th and Golden of the 8th:
A bill to amend Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to insurance agents, agencies, subagents, coun selors, and adjusters, so as to change certain provisions relating to licensing of only individuals as agents; to change certain provisions relating to limited licenses.
SB 193. By Senators Polak of the 42nd and Hecht of the 34th:
A bill to amend Chapter 17 of Title 48 of the Official Code of Georgia Anno tated, relating to taxation of coin operated amusement machines, so as to provide for definitions; to prohibit specified conduct by owners and operators of amusement machines, owners or operators of businesses where amusement

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machines are available for commercial use and play by the public and their employees, agents, and representatives.
SB 197. By Senators Hill of the 4th, Madden of the 47th, Ragan of the llth and others:
A bill to amend Article 1 of Chapter 21 of Title 36 of the Official Code of Georgia Annotated, relating to provisions applicable to counties, so as to au thorize the provision of employee benefits to counties, the Association County Commissioners of Georgia, consolidated governments, local authorities, com missions, and other similar and related entities.
SB 206. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to create the Conyers Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility of promotion of tourism, trade, and conventions for Conyers, Georgia; to provide for creation and organiza tion; to provide for the membership of the authority and their terms of office and compensation.
HB 721. By Representative Reece 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 City of Trion Independent School Dis trict for residents of that district who are 70 years of age or older and whose gross annual household income does not exceed $20,000.00.
HB 726. By Representative Purcell of the 147th:
A bill to amend an Act entitled "An Act creating the State Court of Effingham County," so as to change the salaries of the judge and solicitor-general of said court.
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate and House:
SR 150. By Senator Thompson of the 33rd:
A resolution designating the Fred Lee Brady Bridge.

HR 432. By RepresentativesMurphy of the 18th, Walker of the 141st, Skipper of the 137th, Connell of the 115th, Stanley of the 50th and others:
A resolution relative to adjournment.

The Senate has passed, by substitute, by the requisite constitutional majority the follow ing bill of the House:
HB 295. By Representatives Childers of the 13th, Williams of the 114th, Jones of the 71st and others:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Anno tated, relating to the regulation of the practice of dentistry, so as to change the provisions relating to definitions; to change the eligibility requirements for members of the Georgia Board of Dentistry.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:
SB 26. By Senator Burton of the 5th:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions concerning child custody proceedings, so as to provide for consideration of evidence regarding emo tional, physical, or psychological abuse; to provide that under certain circum-

THURSDAY, MARCH 4, 1999

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stances the court shall be authorized to order that visitation take place only under supervision.
March 4, 1999
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross Senate Bill Number 26. This notice is made prior to or upon reading the bill the first time.

/s/ Jim Martin Representative 47th District
Referred to the Committee on Judiciary.
SB 54. By Senators Madden of the 47th, Gillis of tho 20th, Streat of the 19th and others:
A bill to amend Article 15 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to acquisitions and dispositions of certain hospi tals, so as to change the provisions relating to definitions and required anal yses and reports; to delete certain fee and cost paying requirements but pro vide for paying certain other costs; to change certain certification requirements; to provide an exemption for the renewal of certain leases.
Referred to the Committee on Health & Ecology.
SB 72. By Senators Hill of the 4th and Marable of the 52nd:
A bill to amend Code Section 15-11-5 of the Official Code of Georgia Anno tated, relating to the jurisdiction of the juvenile court, so as to provide for the court's jurisdiction over certain proceedings initiated by local boards of education; to amend Chapter 2 of Title 20 of the Official Code of Georgia An notated, relating to elementary and secondary education, so as to provide for grants to schools and school systems which develop and implement certain compacts among teachers, students, and parents.
Referred to the Committee on Education.
SB 98. By Senators Hecht of the 34th, Dean of the 31st, Hooks of the 14th and others:
A bill to amend Code Section 48-5-306 of the Official Code of Georgia Anno tated, relating to notice of changes in taxpayer's return, so as to add provi sions relating to the contents of such notice.
Referred to the Committee on Ways & Means.
SB 102. By Senators Stokes of the 43rd, Jackson of the 50th and Butler of the 55th:
A bill to amend Chapter 2 of Title 49 of the Official Code of Georgia Anno tated, relating to the Department of Human Resources, so as to authorize the Department of Human Resources to receive conviction data concerning the adult persons residing in foster and adoptive homes in which it may place children who are in its custody; to provide for the privileged nature of such data and the use of such data.
Referred to the Committee on Human Relations & Aging.

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SB 106. By Senators Land of the 16th and Harbison of the 15th:
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 corporations, so as to change certain provisions relating to multiyear lease, purchase, or lease purchase contracts; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs.
SB 120. By Senators Perdue of the 18th and Gillis of the 20th:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to provide that any person sentenced for a crime involv ing the knowing injury or death of a law enforcement officer, firefighter, or emergency medical technician acting in the line of official duty committed on or after the effective date of this Act shall not be eligible for any form of pa role or early release administered by the State Board of Pardons and Paroles.
Referred to the Committee on State Institutions & Property.
SB 137. By Senator Madden of the 47th:
A bill to amend Code Section 19-7-1 of the Official Code of Georgia Anno tated, relating to persons in whom parental power lies, how such power lost, and related matters, so as to provide that a great-grandparent may partici pate in an action for child custody.
Referred to the Committee on Judiciary.
SB 143. By Senators Huggins of the 53rd, Burton of the 5th, Streat of the 19th and others:
A bill to amend Code Section 47-3-127 of the Official Code of Georgia Anno tated, relating to the effect of the restoration to service on retirement al lowances under the Teachers Retirement System of Georgia, so as to provide for the reimbursement to the retirement system of benefits wrongfully paid.
Referred to the Committee on Retirement.
SB 154. By Senators Meyer von Bremen of the 12th, Bowen of the 13th and Lee of the 29th:
A bill to amend Article 2 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to the reporting of accidents and giving security for damages, so as to require local law enforcement agencies to send the original document of any accident report to the Department of Public Safety; to authorize local law enforcement agencies to transmit information on acci dent reports to the Department of Public Safety.
Referred to the Committee on Public Safety.
SB 155. By Senators Meyer von Bremen of the 12th, Bowen of the 13th and Lee of the 29th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Anno tated, relating to general provisions applicable to the Department of Public Safety, so as to make it unlawful for any person to manufacture, offer for sale, or sell or for any person to purchase, attempt to purchase, or possess any badge or replica of a badge used by the Department of Public Safety un-

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less such manufacture, sale, purchase, or possession is authorized by law or authorized in writing by the commissioner of public safety.
Referred to the Committee on Public Safety.

SB 176. By Senators Land of the 16th, Meyer von Bremen of the 12th and Hecht of the 34th:
A bill to amend Titles 9 and 15 of the Official Code of Georgia Annotated, relating respectively to civil practice and the courts, so as to provide for a system of gathering, processing, transmission, compilation, and analysis of information relating to civil and criminal cases; to provide for the design, completion, and filing of case filings and dispositions information forms; to provide for assistance of the clerk of the court for unrepresented parties.
Referred to the Committee on Judiciary.

SB 178. By Senators Walker of the 22nd and Dean of the 31st:
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 change certain provisions relating to written authori zation of charges made by telecommunications companies for services pro vided by third parties; to provide that such requirements shall apply to third parties that are not affiliated with the telecommunications company.
Referred to the Committee on Industry.

SB 181. By Senators Walker of the 22nd, Madden of the 47th and Golden of the 8th:
A bill to amend Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to insurance agents, agencies, subagents, coun selors, and adjusters, so as to change certain provisions relating to licensing of only individuals as agents; to change certain provisions relating to limited licenses.
Referred to the Committee on Insurance.

SB 193. By Senators Polak of the 42nd and Hecht of the 34th:
A bill to amend Chapter 17 of Title 48 of the Official Code of Georgia Anno tated, relating to taxation of coin operated amusement machines, so as to provide for definitions; to prohibit specified conduct by owners and operators of amusement machines, owners or operators of businesses where amuse ment machines are available for commercial use and play by the public and their employees, agents, and representatives.
Referred to the Committee on Industry.

SB 197. By Senators Hill of the 4th, Madden of the 47th, Ragan of the llth and others:
A bill to amend Article 1 of Chapter 21 of Title 36 of the Official Code of Georgia Annotated, relating to provisions applicable to counties, so as to au thorize the provision of employee benefits to counties, the Association County Commissioners of Georgia, consolidated governments, local authori ties, commissions, and other similar and related entities.
Referred to the Committee on State Planning & Community Affairs.

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SB 206. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to create the Conyers Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility of promotion of tourism, trade, and conventions for Conyers, Georgia; to provide for creation and organiza tion; to provide for the membership of the authority and their terms of office and compensation.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 150. By Senator Thompson of the 33rd: A resolution designating the Fred Lee Brady Bridge.
Referred to the Committee on Transportation.

Representative Dean of the 48th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:
HB 352. By Representatives Stanley of the 50th, Stanley of the 49th, West of the 101st, Stancil of the 16th and Heckstall of the 55th:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Anno tated, relating to payment and disposition of fines, so as to authorize the im position and collection of jail booking fees in any traffic court or municipal court of any municipality in this state having a population of 135,000 or more according to the United States decennial census of 1990 or any future such census.

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

N Alien N Anderson N Ashe N Bailey Y Bannister N Barnard N Barnes N Benefield Y Birdsong N Bohannon Y Bordeaux Y Borders N Bridges Y Brooks Y Brown Y Buck N Buckner Y Bulloch
Bunn Y Burkhalter N Byrd
Callaway Y Campbell Y Cash
Channel! N Childers N Clark Y Coan Y Coleman, B N Coleman, T N Connell
Cooper Y Cox

Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day Y Dean Y DeLoach, B N DeLoach, G E Dix Y Dixon Y Dodson N Dukes N Ehrhart
Epps N Evans Y Everett Y Felton
Floyd Y Franklin Y Golick Y Graves N Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell N Heard N Heckstall Y Hegstrom
Hembree E Henson Y Holland

N Holmes Houston
Howard Y Hudgens Y Hudson, H
Hudson, N Y Hugley N Irvin N Jackson, B Y Jackson, L N James Y Jamieson N Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis N Lord Y Lucas N Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L N Massey N McBee
McCall N McClinton Y McKinney Y Millar Y Mills

Mobley Morris Mosley Mueller O'Neal Orrock Parham Parrish Parsons Pelote Pinholster Poag Ponder Porter Powell Purcell Ragas Randall Ray Reaves Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid

N Scott N Shanahan Y Shaw N Shipp N Sholar N Sims Y Sinkfield N Skipper Y Smith, B Y Smith, C N Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P N Smith, T Y Smith, V N Smyre
N Snelling Snow
N Squires N Stallings N Stancil N Stanley, P N Stanley-Turner Y Stephens Y Stokes N Stuckey Y Taylor
Teague
Y Teper N Tillman Y Tolbert
Trense

Y Turnquest Y Twiggs Y Unterman

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N Walker, L Y Walker, R.L Y Watson

N West
Y Westmoreland N Whitaker

Y Wiles Williams, J
Y Williams, R

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N Wix N Yates
Murphy, Spkr

On the motion, the ayes were 86, nays 69.

The motion prevailed.

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

Representative Heckstall of the 55th arose to a point of personal privilege and addressed the House.

Representative Jennings of the 63rd arose to a point of personal privilege and addressed the House.

Representative Hanner of the 159th arose to a point of personal privilege and addressed the House.

Representative Kaye of the 37th arose to a point of personal privilege and addressed the House.

Representative Sinkfield of the 57th arose to a point of personal privilege and addressed the House.

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

Representative Holmes of the 53rd arose to a point of personal privilege and addressed the House.

Under the general order of business, established by the Committee on Rules, the follow ing Bill of the House was taken up for consideration and read the third time:
HB 701. By Representatives Walker of the 141st, Floyd of the 138th, Ray of the 128th and Bohannon of the 139th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of the superior courts, so as to change the terms of court for the Houston Judicial Circuit.

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

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

Alien Y Anderson Y Ashe
Y Bailey Y Bannister Y Barnard Y Barnes
Y Benefield Y Birdsong Y Bohannon Y Bordeaux
Y Borders Y Bridges Y Brooks

Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan

Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G E Dix

Dixon Y Dodson Y Dukes Y Ehrhart
Epps Y Evans Y Everett Y Felton
Floyd Franklin Y Golick Y Graves Y Greene Grindley

Hammontree Hanner Harbin Harrell Heard Heckstall Hegstrom Hembree Henson Holland Holmes Houston Howard Hudgens

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Y Hudson, H Y Hudson, N Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Jones Y Joyce Y Kaye
Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L

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Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
Mueller Y O-Neal
Orrock Y Parham Y Parrish Y Parsons
Pelote Y Pinholster Y Poag E Ponder Y Porter Y Powell

Y Purcell Y Ragas
Randall Y Ray
Reaves Y Y Reed Y Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid Y Scott Y Shanahan Y Shaw Y Shipp

Y Sholar Y Sims Y Sinkfield
Skipper Y Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes

Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles
Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The Speaker announced the House in recess until 11:00 o'clock this morning.
The Speaker called the House to order.
The hour of convening the Joint Session pursuant to HR 375 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Honorable Daniel R. Glickman, United States Secretary of Agriculture, was called to order by the President of the Senate, Lieutenant Governor Mark Taylor.
The Resolution calling for the Joint Session was read.
The Honorable Daniel R. Glickman escorted by the Honorable Roy E. Barnes, Governor and the Honorable Tommy Irvin, Commissioner of Agriculture appeared upon the floor of the House and addressed the Joint Session. Senator Walker of the 22nd moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed. The President of the Senate, Lieutenant Governor Mark Taylor, announced the Joint Session dissolved.
The Speaker called the House to order.
Under the general order of business, established by the Committee on Rules, the follow ing Bills of the House and Senate were taken up for consideration and read the third time: HB 101. By Representatives Coleman of the 142nd, Murphy of the 18th, Walker of
the 141st, Buck of the 135th, Smith of the 12th and others: A bill to amend an Act providing appropriations for the State Fiscal Year 1998-1999, so as to change certain appropriations for the State Fiscal Year 1998-1999.
The following Committee substitute was read:

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A BILL
To amend Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to sal ary and allowances of members and officers of the General Assembly, so as to provide that the amount of the daily expense allowance shall be fixed by the Legislative Services Committee; to provide for the time and manner of fixing such allowance; to provide for related matters; to amend Chapter 7 of Title 45 of the Official Code of Georgia Anno tated, relating to compensation of certain state officials, so as to change provisions relat ing to expense reimbursement accounts of members of the General Assembly by abolish ing a specific per diem differential account and adding a corresponding amount to the general expense reimbursement account and by changing other matters relating to such expense reimbursement accounts; to make a conforming change; to change provisions re lating to expense allowances of certain boards, commissions, and other bodies; to provide for related matters; to provide for an effective date and for applicability; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to salary and al lowances of members and officers of the General Assembly, is amended by striking para graph (1) of subsection (b) and inserting in its place a new paragraph to read as follows:
"(1) During regular and extraordinary sessions of the General Assembly, each mem ber shall also receive a daily expense allowance aa provided for in Code Section 45-7-4. Each member shall also receive the mileage allowance for the use of a per sonal car when devoted to official business as provided for in Code Section 50-19-7, for not more than one round trip to and from the member's residence and the state capitol by the most practical route, per calendar week, or portion thereof, during each regular and extraordinary session. In the event a member travels by public carrier for any part of a round trip as provided above, such member shall receive a travel allowance of actual transportation costs for each such part in lieu of the mile age allowance. For each day's service within the state as a member of a standing committee or of an interim committee created by or pursuant to a resolution of ei ther or both houses or as a member of a committee, board, bureau, commission, or other agency created by or pursuant to statute or the Constitution of Georgia, such member shall receive a daily expense allowance as provided for in Code Section 45 74 allowance and the mileage allowance for the use of a personal car when de voted to official business as provided for in Code Section 50-19-7 or a travel allow ance of actual transportation costs if traveling by public carrier. Any such member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his or her official duties as a member of any committee, board, bureau, commission, or other agency. In the event it becomes necessary for a com mittee to rent a meeting room in the performance of the duties of the committee, the committee chairman chairperson must have prior written approval of the Presi dent of the Senate or the Speaker of the House, or both, as the case may be, de pending on the composition of the committee. The expense of such rental shall be billed to the committee. For each day's service out of state as a member of any com mittee, board, bureau, commission, or other agency, such member shall receive ac tual expenses as an expense allowance, plus the mileage allowance for the use of a personal car when devoted to official business as provided for in Code Section 50-19-7 or a travel allowance of actual transportation costs if traveling by public carrier or by rental motor vehicle. The amount of the daily expense allowances pro vided for in this paragraph shall be fixed by the Legislative Services Committee; provided, however, that the amount of the daily expense allowance shall remain at $75.00 until changed by the Legislative Services Committee. The Legislative Ser-

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vices Committee shall review, and when appropriate revise, the amount of the daily expense allowance at its fourth calendar quarter meeting in each fiscal year, with the revisions to take effect in the following fiscal year. The committee may likewise review and revise the amount at other times as deemed appropriate by the Legisla tive Services Committee. The amount of the daily expense allowance shall be fixed by the Legislative Services Committee in an amount which reasonably corresponds to the housing and meal expenses typically incurred by members in the performance of their duties; provided, however, that the amount so fixed shall not exceed the fed eral per diem rate in effect for the state capital as specified by the General Services Administration at the time that the committee acts."
SECTION 2.
Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, is amended in Code Section 45-7-4, relating to salaries of cer tain state officials, by striking paragraph (22) of subsection (a) and inserting in its place a new paragraph to read as follows:
"(22) Each member of the General Assembly.............................................. 10,000.00
(A) When employees of the executive, judicial, and legislative branches of govern ment receive a cost-of-living increase of a certain percentage, the members of the General Assembly shall receive a cost-of-living increase of one-half the percentage applicable to such state employees.
(B) Each member of the General Assembly shall also receive the allowances pro vided by law. The amount of the daily expense allowance which each member is entitled to receive under the provisions of Code Section 28-1-8 shall be $76.00 as provided in that Code section. The mileage allowance for the use of a personal car on official business shall be the same as that received by other state officials and employees.
(C) In addition to any other compensation and allowances authorized for members of the General Assembly, each member may be reimbursed for per diem differen tial and for actual expenses incurred in the performance of duties within the state as a member of the General Assembly in an amount not to exceed $4,800.00 $7,000.00 per year. Expenses reimbursable up to such amount shall be limited to one or more of the following purposes: lodging, meals, per diem differential, post age, personal services, printing and publications, rents, supplies (including software), telecommunications, transportation, utilities, purchasing or leasing of equipment under $600.00, and leaaing of equipment which would coat over $500.00 to purchase. If equipment purchased by a member has a depreciated value of $100.00 or less when such member leaves office, the equipment does not need to be returned to the state. No reimbursement shall be made for any post age which is used for a political newsletter. No reimbursement shall be paid for lodging or meals for any day for which a member receives the daily expense allow ance as provided in this paragraph. Such expenses shall be reimbursed upon the submission of sworn vouchers to the legislative fiscal office. Such sworn vouchers shall be accompanied by a supporting document or documents showing payment for each expense claimed or an explanation of the absence of such documentation. No sworn voucher or supporting document shall be required for per diem differen tial. No per diom differential shall be rcimburocd under this subparagraph (C) until and unlcaa the member hao cxhauatcd all reimbursement for per diem differ cntial which may be claimed under aubparagraph (D) of this paragraph.
(D) In addition to rcimburocmcnt for actual expenses incurred as provided in subparagraph (C) of this paragraph, each member shall upon his or her claim be cnti tied to receive an allowance of per diem differential for up to 60 daya per year for which the member received the daily expense allowance.--In any year in which

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there ia held any apccial session of the General Asacmbly, the number of daya for which per diem differential may be claimed under this aubparagraph (D) ahall be incroaacd by the number of days in such special soasion.
(E)(D) The amount of per diem differential which may be claimed for each day under subparagraph (C) or (D) of this paragraph shall be the difference between the daily expense allowance authorized for members of the General Assembly and $119.00; provided, however, that the general appropriations Act for any fiscal year may increase such amount of $119.00 per day to an amount not in excess of the federal per diem rate then in effect for the state capital as specified by the Gen eral Services Administration. Per diem differential shall be paid by the legislative fiscal office to the member upon the member's notification to the legislative fiscal office of the days for which the daily expense allowance was received for which the member wishes to claim the per diem differential, and the legislative fiscal office shall keep a record of the days for which per diem differential is so claimed and paid.
(F)(E) For the purposes of this paragraph, a year shall begin on the convening date of the General Assembly in regular session each year and end on the day prior to the convening of the General Assembly in the next calendar year. Any voucher or claim for any reimbursement for any year as defined in this paragraph shall be submitted no later than the fifteenth of April immediately following the end of such year. No reimbursement shall be made on any voucher or claim sub mitted after that date. Any amounts remaining in such expense account at the end of the first year of the two year biennium may be claimed for expenses in curred during the second year of the two year biennium. Any amounts remaining in any expense account which are not so claimed by April 15 of the year following the second year of the biennium and any amounts claimed which are returned as hereafter provided for in this paragraph shall lapse and shall be remitted by the legislative fiscal office to the general fund of the state treasury. Any former mem ber of the General Assembly may be reimbursed for expenses incurred while a member of the General Assembly upon compliance with the provisions of this par agraph. The Legislative Services Committee is empowered to provide such proce dures as it deems advisable to administer the provisions of this paragraph, includ ing, but not limited to, definitions of the above list of items for which reimbursement may be made and the form of the voucher or claim which must be submitted to the legislative fiscal office. In the event of any disagreement as to whether any reimbursement shall be made or any allowance shall be paid, the Legislative Services Committee shall make the final determination. In the event any reimbursement is made or any allowance is paid and it is later determined that such reimbursement or payment was made in error, the person to whom such reimbursement or payment was made shall remit to the legislative fiscal office the amount of money involved. In the event any such person refuses to make such re mittance, the legislative fiscal office is authorized to withhold the payment of any other moneys to which such person is entitled until the amount of such reim bursement or payment which was made in error shall be realized."
SECTION 3.
Said Chapter 7 of Title 45 is further amended by striking Code Section 45-7-21, relating to expense reimbursement for members of certain boards and commissions, and in serting in its place a new Code section to read as follows:
"45-7-21.

(a) 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 attend ance at a meeting of such board or commission, plus reimbursement for actual trans-

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portation 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 at tendance. 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) Georgia Board for Physician Workforce;
(13) Georgia Music Hall of Fame Authority;
(14) Georgia Sports Hall of Fame Authority; and
(15) Georgia Rail Passenger Authority.
(b) Whenever this Code section or any other law of this state provides that members of any board, commission, or other body shall receive the same daily expense allow ance as members of the General Assembly, whether by specific reference to this Code section or any other law or by a more general reference, the members of such board, commission, or other body shall receive a daily expense allowance of $75.00. Such $75.00 amount shall apply for members of such boards, commissions, and other bodies, regardless of whether the amount actually received by members of the General Assem bly under Code Section 28-1-8 is more or less than $75.00. The provisions of this sub section shall control over any conflicting provisions of any other earlier enacted law."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except that the provisions of this Act relating to the reim bursable expense accounts provided for in subparagraphs (a)(22)(C) and (a)(22)(D) of Code Section 45-7-4 shall take effect on the date of convening of the year 2000 session of the General Assembly.

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SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Coleman of the 142nd moves to amend the Committee substitute to HB 101 (LC 14 7290S) by striking all matter on lines 16 through 19 of page 3 and inserting in lieu thereof the following:

"salaries of certain state officials, by striking subparagraphs (A) through (F) of para graph (22) of subsection (a) and inserting in place thereof new subparagraphs (A) through (E) to read as follows:".
By inserting a quotation mark at the beginning of line 20 of page 3.

The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substi tute, was agreed to, as amended.

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell
Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings
Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd N Franklin N Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree E Henson
Y Holland Y Holmes
Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B
Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce N Kaye Y Lane Y Lewis Y Lord Y Lucas
Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley
Y Morris
Y Mosley
Mueller
Y CCNeal
Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag E Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray
Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar
Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest
Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 164, nays 3.

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The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Representatives Sims of the 167th and Childers of the 13th stated that they had been called from the floor of the House during the preceding roll call. They wished to be re corded as voting "aye" thereon.
The Speaker Pro Tern assumed the Chair.
HB 699. By Representatives Royal of the 164th, Shanahan of the 10th, Smith of the 12th, Stancil of the 16th, Sauder of the 29th and others:
A bill to amend Article 2 of Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to county and municipal service delivery strate gies, so as to change certain provisions regarding criteria in developing such service delivery strategies; to change certain provisions regarding limitation of funding for projects which are not included in or which are inconsistent with a service delivery strategy.
The following Committee substitute was read and adopted:
A BILL
To amend Article 2 of Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to county and municipal service delivery strategies, so as to change certain pro visions regarding criteria in developing such service delivery strategies; to change cer tain provisions regarding limitation of funding for projects which are not included in or which are inconsistent with a service delivery strategy; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to county and municipal service delivery strategies, is amended by striking subparagraph (C) of paragraph (4) of Code Section 36-70-24, relating to service delivery strategy crite ria, and inserting in its place a new subparagraph (C) to read as follows:
"(C) A process shall be established by July 1, 1008, not later than September 30, 1999, by each county and every municipality located within each county, regard less of population, to resolve land use classification disputes when a county objects to the proposed land use of an area to be annexed into a municipality within the county."
SECTION 2.
Said article is further amended by striking Code Section 36-70-27, relating to limitation of funding for projects which are not included in or which are inconsistent with a service delivery strategy, and inserting in its place a new Code Section 36-70-27 to read as follows:
"36-70-27.

(a) On and after July 1, 1999, no state administered financial assistance or grant, loan, or permit shall be issued to any local government or authority which is not in cluded in a department verified strategy or for any project which is inconsistent with such strategy.

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(b)(l) If a municipality containing fewer than 500 persons within the county fails to establish a process to resolve disputes as required by subparagraph (C) of paragraph (4) of Code Section 36-70-24, the sanctions specified in subsection (a) of this Code section shall not be imposed upon:
(A) The county within which any such municipality or portion of any such munici pality is located; or (B) Any other municipality located in such county.
(2) The provisions of this subsection shall apply only if a process to resolve disputes required by subparagraph (C) of paragraph (4) of Code Section 36-70-24 has been es tablished between the county and each municipality containing 500 or more persons within the county.
(c) Any local government or authority which is subject to the sanctions specified in subsection (a) of this Code section shall become eligible for state administered finan cial assistance or grants, loans, or permits on the first day of the month following ver ification by the department that the requirements of Code Section 36-70-26 have been met."
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 substi tute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 94, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 734. By Representatives Childers of the 13th and Parsons of the 40th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to abolish the office of the joint-secretary of the state examining boards and provide for actions taken prior to such ab olition; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 0.
The Bill, having received the requisite constitutional majority, was passed. HB 462. By Representative Parham of the 122nd:
A bill to amend Code Section 26-4-110 of the Official Code of Georgia Anno tated, relating to pharmacy licenses, so as to change certain sign and identi fication limitations regarding pharmacies in general merchandising establishments.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The Speaker assumed the Chair.

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HB 782. By Representatives Martin of the 47th, Walker of the 141st, Parrish of the 144th, Sholar of the 179th, Parham of the 122nd and others:
A bill to amend Part 1 of Article 7 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to the advertisement of judicial sales, so as to change the requirements for publication of notices of sales of property by the sheriff, coroner, or other official of a county; to change the require ments for establishment of the official organ of publication.
The following Committee substitute was read and adopted:

A BILL
To amend Part 1 of Article 7 of Chapter 13 of Title 9 of the Official Code of Georgia An notated, relating to the advertisement of judicial sales, so as to change the requirements for publication of notices of sales of property by the sheriff, coroner, or other official of a county; to change the requirements for establishment of the official organ of publication; to provide requirements for maintaining a newspaper as official organ; to provide for ex ceptions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 1 of Article 7 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, re lating to the advertisement of judicial sales, is amended by striking in its entirety sub section (a) of Coan Section 9-13-140, relating to publication of notices of sales of land and other property, and inserting in lieu thereof the following:
"(a) The sheriff, coroner, or other officer shall publish weekly for four weeks in oomc newspaper published at the county site, and if there ia no newspaper published at the county site, then in any paper published in the county, or if there is no auch paper published in the county, the legal organ for the county, or if there is no newspaper designated as such, then in the nearest newspaper having the largest general circula tion in such county, notice of all sales of land and other property executed by the of ficer. In the advertisement the officer shall give a full and complete description of the property to be sold, making known the names of the plaintiff, the defendant, and any person who may be in the possession of the property. In the case of real property, such advertisement shall include the legal description of such real property and may include the street address of such real property, if available, but provided that no fore closure shall be invalidated by the failure to include a street address or by the inser tion of an erroneous street address."
SECTION 2.
Said part is further amended by striking Code Section 9-13-142, relating to require ments for the official organ of publication and how the official organ is changed, and in serting in lieu thereof the following:
"9-13-142.
(a) No journal or newspaper published in this state shall be declared, w made, or maintained as the official organ of any county for the publication of sheriffs sales, ci tations of probate court judges, or any other advertising commonly known in terms of 'official or legal advertising" and required by law to be published in such county official newspaper unless the newspaper shall have been continuously published and mailed or delivered to a list of paid bona fide subscribers in that county for a period of one year or ia the direct aucccoaor of ouch a journal or newspaper and unless 86 percent of the circulation of the newspaper or journal ia paid circulation and haa boon paid circu

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lotion, as established by an independent audit, for a period of 13 montho prior to the newspaper's or journal's being declared or made the official organ, shall meet and maintain the following qualifications:
(1) 'Newspaper' as used in this Code section means a printed product of multiple pages containing not greater than 75 percent advertising content in no more than one-half of its issues during the previous 12 months, excluding separate advertising supplements inserted into but separately identifiable from any regular issue or is sues of the newspaper.
(2) The newspaper shall be published within the county and continuously at least weekly for a period of two years or is the direct successor of such a newspaper. Fail ure to publish for not more than two weeks in any calendar year shall not disqualify a newspaper otherwise qualified.
(3) For a period of two years prior to designation and thereafter, the newspaper shall have and maintain at least 75 percent paid circulation as established by an in dependent audit. Paid circulation shall not include newspapers that are distributed free or in connection with a service or promotion at no additional charge to the ulti mate recipient. For circulation to be considered paid, the recipient of the newspaper or such recipient's employer or household must pay reasonable and adequate consid eration for the newspaper. No rules of circulation of audit companies, the U.S. Pos tal Service, or accounting principles may be considered in determining paid circulation if they are inconsistent with the provisions of this subsection.
(4) Based on the published results of the 1990 United States decennial census or any future such census, the newspaper shall have and maintain at least the follow ing paid circulation within the county for which it is designated as the legal organ newspaper:
(A) Five hundred copies per issue in counties having a population of less than 20,000;
(B) Seven hundred fifty copies per issue in counties having a population of at least 20,000 but less than 100,000; or
(C) One thousand five hundred copies per issue in counties having a population of 100,000 or greater.
(5) For purposes of this Code section, paid circulation shall include home or mail de livery subscription sales, counter, vendor and newsrack sales, and sales to indepen dent newspaper contract carriers for resale. Paid circulation shall not include multiple copies purchased by one entity unless the multiple copies are purchased for and distributed to the purchaser's officers, employees, or agents, or within the pur chaser's household.
(b) However, in counties where no journal or newspaper meets the qualifications set forth in subsection (a) of this Code section, the official organ may be designated by the judge of the probate court, the sheriff, and the clerk of the superior court, a majority of these officers governing from among newspapers otherwise qualified to be a legal organ that meet the minimum circulation in the preceding subsection for the county, or if there is no such newspaper, then the newspaper having the greatest general paid circulation in the county.
(c) Any selection or Ne change shall be made in the official organ of any county except shall be made upon the concurrent action of the judge of the probate court, the sheriff, and the clerk of the superior court of the county or a majority of the officers. No of ficcr ahall change the advcrtiaing connected with his or her office from one paper to another without first giving notice of his or her intention to do so in the paper in

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which hia or her advcrtiocmcnta have previously been publiahod. No change in the of ficial legal organ shall be effective without the publication for four weeks of notice of the decision to make a change in the newspaper in which legal advertisements have previously been published. All changes in the official legal organ shall be made effec tive on January 1 unless a change has to be made where there is no other qualified newspaper.

(d) Notwithstanding the other provisions of this Code section, an official organ of any county meeting the qualifications under the statute in force at the time of its appoint ment and which was appointed prior to July 1, 1999 may remain the official organ of that county until a majority of the judge of the probate court, the sheriff, and the clerk of the superior court determine to appoint a new official organ for the county.

We) During Not later than December 31, 1080, and during the month of December in each year thereafter the judge of the probate court of each county shall notify the Secretary of State, on a form supplied by the Secretary of State, of the name and mailing address of the journal or newspaper currently serving as the official organ of the county. The judge of the probate court shall also likewise notify the Secretary of State of any change in the official organ of the county at the time that such change is made. The Secretary of State shall maintain at all times a current listing of the names and addresses of all county organs and shall make such list available to any person upon request."

SECTION 3.
Notwithstanding the provision of subsection (b) of Code Section 1-3-4.1, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Pursuant to Rule 134, Representative Porter of the 143rd was excused from voting on HB 782.

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

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

Alien Anderson Ashe Bailey Bannister
Barnard Barnes Benefield Birdsong Bohannon Bordeaux
Borders Bridges Brooks Brown Buck
Buckner
Bulloch Bunn Burkhalter Byrd

Y Callaway Campbell
Y Cash Y Channell Y Childers
Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings
Y Davis, M
Y Davis, T
Y Day Dean DeLoach, B
Y DeLoach, G Y Dix

Y Dixon Y Dodson Y Dukes
Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene
Grindley Y Hammontree Y Banner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom

Hembree Henson Holland Holmes Houston Howard Hudgens Hudson, H Hudson, N Hugley Irvin Jackson, B Jackson, L James Jamieson Jenkins Jennings Jones Joyce Kaye Lane

Lewis Lord Lucas Maddox Mann Manning Martin, J Martin, J.L Massey McBee McCall McClinton McKinney Millar Mills Mobley Morris Mosley Mueller O'Neal Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag E Ponder
Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reaves Y Reece

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Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid Y Scott Y Shanahan Y Shaw

Y Shipp Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B
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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tblbert Y Trense

Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 151, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 617. By Representatives 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, so as to enact the "Public Retirement Systems Investment Au thority Law".
The following Committee substitute was read and adopted:
A BILL
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to enact the "Public Retirement Systems Investment Authority Law"; to provide that all public retirement systems shall be subject to Chapter 20 of Title 47 of the Official Code of Georgia Annotated; to define a certain term; to provide the investment authority for public retirement systems in this state that are by law made subject to such provi sions; to provide that such provisions shall be applicable to certain public retirement systems; to provide for exceptions; 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 inserting immediately following Code Section 47-20-3 a new Code section to read as follows:
"47-20-4.
Any other provision of law to the contrary notwithstanding, any public retirement sys tem or pension fund supported wholly or partially by public funds shall be subject to the provisions of this chapter. This Code section applies, without limitation, to the Georgia Municipal Employees Benefit System created by Chapter 5 of this title and to any association of like political subdivisions which contracts with its members for the pooling of assets. This Code section shall not apply to any defined contribution retire ment system."
SECTION 2. Said title is further amended by inserting at the end of Chapter 20, the "Public Retire ment Systems Standards Law," the following:

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47-20-80.

"ARTICLE 7

This article shall be known and may be cited as the 'Public Retirement Systems In vestment Authority Law.'
47-20-81.

(a) As used in this article, the term 'fund' means the investment fund of any public re tirement system or pension system supported wholly or partially from public funds. Such term shall include any pool of such funds for investment purposes.

(b) The provisions of this article shall not apply to political subdivisions which con tract with an association of like political subdivisions for the pooling of assets; pro vided, however, that the provisions of this article shall apply to such association.
47-20-82.

(a) Funds shall invest in or lend their assets on the security of, and shall hold as in vested assets, only eligible investments as prescribed in this article.

(b) Eligibility of an investment shall be determined as of the date of its making or acquisition.

(c) Any investment limitation based upon the amount of the fund's assets shall relate to such assets on the basis of the assets' aggregate historical cost.
47-20-83.

(a) Subject to limitations stated in this article, funds may invest in the following in certificated or uncertificated form:

(1) Corporations or obligations of corporations organized under the laws of this state or any other state or under the laws of Canada, but only if the corporation has a market capitalization equivalent to $100 million; provided, however, that except as provided in Code Section 47-20-84, no fund shall invest in corporations or in obliga tions of corporations organized in a country other than the United States or Canada; provided, further, that such obligation shall be listed as investment grade by a na tionally recognized rating agency;

(2) Repurchase and reverse repurchase agreements for direct obligations of the United States government and for obligations unconditionally guaranteed by agen cies of the United States government and for investments eligible under paragraph (1) of this Code section;

(3) Cash assets or deposits in checking or savings accounts under certificates of de posit or in other form in banks and trust companies and in savings accounts, certifi cates of deposit, or similar certificates or evidences of deposits in savings and loan associations and building and loan associations which have qualified for the insur ance protection afforded by the Federal Deposit Insurance Corporation;

(4) Bonds, notes, warrants, and other evidence of indebtedness which are direct obli gations of the government of the United States of America or for which the full faith and credit of the government of the United States of America is pledged for the pay ment of principal and interest;

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(5) Loans guaranteed as to principal and interest by the government of the United States of America, or by any agency or instrumentality of the government of the United States of America, to the extent of such guaranty;
(6) Taxable bonds, notes, warrants, and other securities not in default which are the direct obligations of any state of the United States or of the District of Columbia, or of the government of Canada or any province of Canada, or for which the full faith and credit of such state, district, government, or province has been pledged for the payment of principal and interest;
(7) Bonds, notes, warrants, and other securities not in default which are the direct obligations of the government of any foreign country which the International Mone tary Fund lists as an industrialized country and for which the full faith and credit of such government has been pledged for the payment of principal and interest, pro vided such securities are listed as investment grade by a nationally recognized rat ing agency;
(8) Bonds, debentures, or other securities issued or insured or guaranteed by any agency, authority, unit, or corporate body created by the government of the United States of America whether or not such obligations are guaranteed by the United States;
(9) Collateralized mortgage obligations that are listed as investment grade by a na tionally recognized rating agency;
(10) Obligations issued, assumed, or guaranteed by the International Bank for Re construction and Development or the International Financial Corporation;
(11) In addition to those investments eligible under paragraph (1) of this Code sec tion, bonds, debentures, notes, and other evidences of indebtedness issued, assumed, or guaranteed by any solvent institution existing under the laws of the United States of America or of Canada, or any state or province thereof, which are not in default as to principal or interest and which are secured by collateral worth at least 50 percent more than the par value of the entire issue of such obligations, but only if not more than one-third of the total value of the required collateral consists of common stocks;
(12) In addition to those investments eligible under paragraph (1) of this Code sec tion, secured and unsecured obligations of issuers described in paragraph (11) of this Code section other than the obligations described in paragraph (11) of this Code section, bearing interest at a fixed rate, with mandatory principal and interest due at specified times, if the net earnings of the issuing, assuming, or guaranteeing institution available for its fixed charges for a period of five fiscal years next preced ing date of acquisition by the fund have averaged per year not less than one and one-half times its average annual fixed charges applicable to such period and if dur ing either of the last two years of the period of such net earnings have been not less than one and one-half times its fixed charges for the year; provided, however, that any such obligation shall be listed as investment grade by a nationally recognized rating agency;
(13) In addition to those investments eligible under paragraph (1) of this Code sec tion, equipment trust obligations or certificates adequately secured and evidencing an interest in transportation equipment, wholly or in part within the United States of America, and the right to receive determinated portions of rental, purchase, or other fixed obligatory payments for the use or purchase of the transportation equipment;

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(14) Loans that are secured by pledge or securities eligible for investment under this article;
(15) Purchase money mortgages or like securities received upon the sale or ex change of real property acquired;
(16) In addition to those investments eligible under paragraph (1) of this Code sec tion, a mortgage or a mortgage participation, pass-through, conventional pass-through, trust certificate, or other similar security which represents an undi vided, beneficial interest in a pool of loans secured by first mortgages, deeds of trust, or deeds to secure debt upon fee simple, unencumbered, improved, or in come-producing real property located in the United States or Canada, which is im proved with a residential building or condominium unit or buildings designed for oc cupancy by not more than four families, including leasehold estates in such real estate if such first mortgages, deeds of trust, or deeds to secure debt are fully guar anteed or insured by the Federal Housing Administration, the United States Depart ment of Veterans Affairs, the Farmers Home Administration, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, the Federal National Mortgage Association, or any similar governmental entity or instrumentality;
(17) Land and buildings on such land used or acquired for use as a fund's office for the convenient transaction of its own business; provided, however, that portions of such buildings not used for its own business may be rented by the fund to others; provided, further, that the amount investment by a fund in office property shall not exceed 10 percent of the retirement system assets;

(18) Real property acquired in satisfaction in whole or in part of loans, mortgages, liens, judgments, decrees, or debts previously owing to the fund in the course of its business;
(19) Real property acquired in part payment of the consideration on the sale of other real property owned by the fund if such transaction effects a net reduction in the fund's investment in real estate;
(20) Real property acquired by gift or devise, or through merger or consolidation with another fund; and
(21) Additional real property and equipment incident to real property if necessary or convenient for the enhancement of the marketability or sale value of real property previously acquired or held by the fund under paragraphs (18), (19), and (20) of this Code section.
(b) Notwithstanding the provisions of subsection (a) of this Code section, the Georgia Municipal Employees Benefit System and any association of like political subdivisions which contracts with its members for the pooling of assets may invest up to 5 percent of the total assets of its fund in real estate; provided, however, that in the event the fund's assets decrease in value, the association shall be entitled to retain all real es tate investments if owned prior to the reduction in value of assets; provided, further, that any such association shall be entitled to retain all real estate assets it owned on July 1, 1999, without regard to the limitation imposed by this subsection.
47-20-84.
(a) As used in this Code section, the term 'large retirement system' means:

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(1) Any retirement system created by this title which has an accumulated unfunded actuarial accrued liability not greater than 25 percent of the total of its assets;
(2) The Georgia Municipal Employees Benefit System created by Chapter 5 of this title;
(3) Any association of like political subdivisions which, on, before, or after July 1, 1999, contracts with its members for the pooling of assets; and
(4) Any public retirement system other than a retirement system defined in paragraphs (1), (2), and (3) of this subsection which meets the following criteria:
(A) The retirement system assets are in excess of $50 million;
(B) The retirement system provides a defined benefit plan;
(C) The retirement system investments are managed by one or more independent professional investment managers recognized by the National Association of Se curities Dealers and the United States Securities and Exchange Commission and which adhere to the code of ethical standards and conduct of the Association for Investment Management and Research;
(D) The retirement system investments are limited to those equities of investment grade quality or better, provided that leverage techniques, option techniques, fu tures, commodities, private placements, and direct participation plans may not be used in making equity investments; and
(E) Has an accumulated unfunded actuarial liability not greater than 25 percent of the total of its assets.
(b) A large retirement system may not invest more than 10 percent of the retirement system assets in corporations or in obligations of corporations organized in a country other than the United States or Canada subject to the provisions of paragraph (1) of Code Section 47-20-83.
(c) A fund shall not invest more than 55 percent of retirement system assets in equi ties; provided, however, that a large retirement system shall invest not more than 60 percent of its assets in equities. Any fund which is not in compliance with the limita tions imposed by this subsection shall be granted a two-year period to come into com pliance; provided, however, that during such two-year period, the fund shall not in crease the percentage of its assets invested in equities.
(d) In the event the value of a fund's assets decreases so as to render such fund ineli gible to invest in foreign equities as provided in subsection (b) of this Code section and to invest in excess of 55 percent of its assets in total equities as provided in subsection (c) of this Code section, such fund shall have 12 months from the date of such event to come into compliance with the investment authority provided by this article; provided, however, that during such period such fund shall not increase its holdings in foreign equities and shall not increase its total holdings in equities.
47-20-85.
Notwithstanding any provision of the federal Secondary Mortgage Market Enhance ment Act, 15 U.S.C. Section 77r-l, to the contrary, any fund subject to the provisions of this article shall comply with all provisions, restrictions, and limitations concerning investments provided in this article.
47-20-86.
This article shall be enforced as provided in Article 3 of this chapter."

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SECTION 3.

Said title is further amended by striking in its entirety Code Section 47-1-12, relating to the investment and reinvestment of any local retirement system fund, and inserting in lieu thereof the following:

"47-1-12.
(a) Aa uacd in thia Code section, the term:
(1) 'Defined contribution plan' means a plan which provides for an individual ac count for each participant and for benefits baaed aolcly on the amount contributed to the participant's account; any income, expenses, gaina, and losses; and any forfci turc of accounts of other participanto which may be allocated to aueh pnrticipant'o account, which plan is intended to be qualified under Section 401(a) of the Internal Revenue Code, 42 U.S.C. Section 401(a).
(3) 'Local retirement ayatcm' mcuna any retirement system established or main taincd under Article IX, Section II of the Constitution of Georgia including, without limitation, any pooling of assets pursuant to a contract between a county governing authority and any association of like political aubdiviaiono.
(b) Notwithstanding Code Section 36-80-3, Code Section 36 83 4, or any other law, the The board of trustees of any local retirement system shall have full power to invest and reinvest assets of the retirement system and to purchase, hold, sell, assign, trans fer, and dispose of any securities and other investments in which assets of the retire ment system have been invested, any proceeds of any investments, and any money be longing to the retirement system; provided, however, that, except as otherwise provided in this Code section, such power shall be subject to all terms, conditions, lim itations, and restrictions imposed by the laws of this state upon domestic life insur ance companies in making and disposing of their investments.
(c) For purposes of this subsection, retirement ayatcm aaacta ahall be valued at the coot of ouch aaacta to the retirement ayatcm. Except as provided in subsection (f) of this Code section, the board of trustees of a local retirement ayatom except a local re tiromcnt gyatcm which offers only a defined contribution plan shall not invest more than 60 percent of retirement system aaacta in equities, except that the board of truat oca may invest no more than 66 percent of retirement system assets in equities if the retirement system meets the following criteria:
(1) The retirement system aaacta arc in cxecaa of $50 million;
(2) The retirement oyatcm provides a defined benefit plan;
(3) The retirement oyatcm investments arc managed by one or more independent profcaaional investment managers recognized by the National Association of Sccuritica Dealers and the United States Securities and Exchange Commission and which adhere to the code of ethical standards and conduct of the Association for Invest ment Management and Research; and
(4) The retirement ayatcm investments arc limited to those equities of invcatmcnt grade quality or better, provided that leverage techniques, option techniques, futurca, commodities, private placements, and direct participation plans may not be used in malting equity investments.

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Notwithstanding the provisions of Code Section 33-11-21, the board of trustees of any local retirement system shall not be restricted to investing in those equities which have paid a cash dividend in at least three of the last five years preceding the purchase of such equities.
(c) Each local retirement ayatcm ahall adopt written guidclinca and proccdurca for the invcatmcnt of retirement system assets. Such written guidelines shall meet all re quirements of general law and shall be adopted by ordinance or resolution of the gov erning authority of the political subdivision, except that the guidelines and procedures for the invcatmcnt of assets of a retirement ayatcm meeting the criteria described in paragraphs (1) through (4) of aubacction (c) of this Code aoction ahall be adopted by the governing body of the retirement ayatcm. Such guidclinca ahall, at a minimum, ad drcaa the invcatmcnt goals of the retirement ayatcm, the authorized investments of ayatcm aaacta, the frequency of evaluation of retirement plan investment returns, and the ratio between fixed income and equity investments of ayatcm aaacta.
Nothing in this Code section shall be construed to limit or restrict the authority of the board of trustees of any retirement system to invest or reinvest assets of such system in such manner and under such conditions as are authorized by law.
(gXd)The state auditor shall monitor the investment activity of local retirement sys tems and shall submit a report to the Governor and the presiding officer of each chamber of the General Assembly describing the effect, if any, changes in investment policy have had on those systems. Such report shall be submitted not later than De cember 31, 2001."
SECTION 4.
Said title is further amended by striking in its entirety subsection (a) of Code Section 47-2-31, relating to the investment authority of the board of trustees of the Employees' Retirement System of Georgia and related matters, and inserting in lieu thereof the following:
"(a) The board of trustees shall have full power to invest and reinvest the assets of the retirement system and to purchase, hold, sell, assign, transfer, and dispose of any securities and other investments in which assets of the retirement system have been invested, any proceeds of any investments, and any money belonging to the retirement system; provided, however, thatt
(1) Such such power shall be subject to all terms, conditions, limitations, and re strictions imposed by the lawa of this state upon domestic life insurance companies in mailing and diapoaing of their invcatmcnta Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.' except that the board of truotcca may invest in corporations or in obligations of corporations organized under the laws of this atato or any other state or under the lawa of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million; provided, however, that the board shall not invest more than 6 percent of the invest ment portfolio in corporations or in obligationa of corporations organized in a coun try other than the United Statca or Canada; and
(2) The board of truatcca shall not invest more than 60 percent of retirement ayatcm aaacta in equities."

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SECTION 5.
Said title is further amended by striking in its entirety subsection (a) of Code Section 47-3-27, relating to the investment powers of the board of trustees of the Teachers Re tirement System of Georgia and related matters, and inserting in lieu thereof the following:
"(a) The members of the board of trustees shall be the trustees of the retirement sys tem and shall have full power to invest and reinvest its assets, subject to all the terms, conditions, limitations, and restrictions imposed by the laws of thia otatc upon domestic life insurers in the making and disposing of their investments Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.' except that the board of tomatoes may invest in corporationa or in obligations of corpo rations organized under the laws of this state or any other atatc or under the lawa of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million; provided, however, that the board shall not invcat more than 6 per cent of the invcatmcnt portfolio in corporationa or in obligations of corporationa organ ized in a country other than the United States or Canada. No more than 50 percent of retirement syatcm asacto may be invested in equities. Subject to like restrictions, the board of trustees shall have the power to hold, transfer, and dispose of any invest ments in which retirement system assets are invested, including proceeds of invest ments. The board of trustees is authorized to employ agents, including banks and trust companies, to act as investment adviaora advisers and make investments if the board of trustees so authorizes."
SECTION 6.
Said title is further amended by striking in its entirety subsection (b) of Code Section 47-4-26, relating to the power of the board of trustees of the Public School Employees Retirement System over funds and related matters, and inserting in lieu thereof the following:
"(b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by the laws of this state
mcnta Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.' except that the board of trustees may invcat in corporations or in obli gationa of corporationa organized under the laws of thia 3tatc or any other state or under the laws of any foreign country, but only if the corporation has a market capi talization equivalent to $100 million; provided, however, that the board shall not in vest more than 6 percent of the investment portfolio in corporationa or in obligations of corporations) organized in a country other than the United States or Canada. The board may not invcat more than 60 percent of such funds in equities. Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund."
SECTION 7.
Said title is further amended by striking in its entirety subsection (a) of Code Section 47-5-24, relating to the powers and duties of the board of trustees of the Georgia Munici pal Employees Benefit System, and inserting in lieu thereof the following:
"(a) The board of trustees is authorized to invest and reinvest funds held by it in any investments which are legal investments for domestic insurance eompanica under the laws of this state or in any investments authorized for truatcco--of private retirement plana by the Employees Retirement Income Security Act of 1074, aa amended under Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Au-

THURSDAY, MARCH 4, 1999

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thority Law'. The board of trustees shall have the discretion to decide the allocation of funds among such investments. The board of trustees is further authorized to purchase, acquire, hold, lease, sell, and convey real and personal property."
SECTION 8.
Said title is further amended by striking in its entirety subsection (b) of Code Section 47-7-23, relating to the powers and duties of the board of trustees of the Georgia Firefighters' Pension Fund, and inserting in lieu thereof the following:
"(b) The board shall have the full power to invest and reinvest such funds subject to all the terms, conditions, limitations, and restrictions imposed by the laws of thia otatc upon domestic life insurance companies in the making and dispoaing of their invest ments Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.'; provided, however, that the board may invest in corpor-ationa or in ob ligations of corporationo organized under the laws of this state or any other atatc or under the laws of any foreign country, but only if the corporation has a market eapi talization equivalent to $100 million. The board shall bo authorized to invcat no more than 60 percent of the funds or assets in equities and may not invent more than 6 per cent of the investment portfolio in corporations or in obligations of corporations organ izcd in a country other than the United 8tatca or Canada. Subject to such terms, con ditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and money belonging to the fund."
SECTION 9.
Said title is further amended by striking in its entirety subsection (b) of Code Section 47-11-23, relating to the control of the board of trustees of the Judges of the Probate Courts Retirement Fund over the assets of the fund and related matters, and inserting in lieu thereof the following:

"(b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by the laws of the state upon domestic life insurance companica in the making and disposing of their invcat mcnta Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.'; provided, however, that the board may invcat in corporations or in ob ligationa of corporations organized under the laws of this state or any other state or under the laws of any foreign country, but only if the corporation haa a market capi talization equivalent to $100 million. Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, trans fer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund; provided, however, that the board may invest not more than 60 percent of the aaocts of the retirement fund in common stocks and may not invcat more than 6 per cent of the investment portfolio in corporations or in obligations of corporations organ izcd in a country other than the United States or Canada."

SECTION 10.
Said title is further amended by striking in its entirety subsection (b) of Code Section 47-14-23, relating to the investment powers of the board of trustees of the Superior Court Clerks' Retirement Fund and related matters, and inserting in lieu thereof the following:

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"(b) The board of trustees shall have full power to invest and reinvest the assets of the fund and to purchase, hold, sell, assign, transfer, and dispose of any securities and other investments in which assets of the fund have been invested, any proceeds of any investments, and any money belonging to the fund; provided, however, thatt
(1) Such such power shall be subject to all terms, conditions, limitations, and re strictions imposed by the Iowa of thia atatc upon domestic life insurance companies in making and disposing of their investments Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.' except that the board of truatoco may invest in corporations or in obligations of corporations organized under the lawa of thia atatc or any other state or under the lows of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million; provided, however, that the board ahall not invest more than 6 percent of the invest mcnt portfolio in corporations or in obligations of corporations organized in a coun try other than the United States or Canada; and
(2) The board of trustees shall not invest more than 60 percent of fund assets in

SECTION 11.
Said title is further amended by striking in its entirety subsection (a) of Code Section 47-16-26, relating to the power of the board of trustees of the Sheriffs' Retirement Fund of Georgia to control, invest, and expend funds and related matters, and inserting in lieu thereof the following:
"(a) The board shall have control over the funds provided for in this chapter, authority to expend such funds in accordance with this chapter, and authority to invest the funds in investments which would be permissible for domestic life insurance companica under the lawo of thia state, subject to all terms, conditions, limitations, and re strictions imposed by Article 7 of Chapter 20 of this title, the 'Public Retirement Sys tems Investment Authority Law.' provided, however, that the board may invcat in corporations or in obligations of corporations organized under the laws of thia state or any other atatc or under the lawa of any foreign country, but only if the corporation haa a market capitalization equivalent to $100 million; and provided, further, that the board may invcat not more than 60 percent of the assets of the retirement fund in common atocks and equities and may not invcat more than 5 percent of the invest mcnt portfolio in corporations or in obligations of corporations organized in a country other than the United States or Canada."
SECTION 12.
Said title is further amended by striking in its entirety subsection (b) of Code Section 47-17-23, relating to the investment authority of the board of trustees of the Peace Of ficers' Annuity and Benefit Fund, and inserting in lieu thereof the following:
"(b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by the laws of this state upon domcatic life insurance companies in the making and diaposing of their invest ments Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.'; provided, however, that the board may invcat in corporations or in ob ligations of corporations organized under the laws of this state or any other atatc or under the lawa of any foreign country, but only if the corporation has a market eapi talization equivalent to $100 million; and provided, further, that the board may invest not more than 50 percent of the assets of the fund in common atocks and equities and may not invest more than 6 percent of the investment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Ca nada. Subject to such terms, conditions, limitations, and restrictions, the board shall

THURSDAY, MARCH 4, 1999

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have full power to hold, purchase, sell, assign, transfer, and dispose of any of the se curities and investments in which any of the funds are invested, including the pro ceeds of any investments and any money belonging to the fund."
SECTION 13.
Said title is further amended by striking in its entirety subsection (b) of Code Section 47-23-22, relating to the control of the board of trustees of the Georgia Judicial Retire ment System over funds and related matters, and inserting in lieu thereof the following:
"(b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by the lawo of thia state upon domcatie life insurance companies in the making and disposing of their invest ments Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.' except that the board of trustees may invoat in eorporationa or in obli gations of corporations organized under the laws of thia atatc or any other state or under the lawa of any foreign country, but only if the corporation tma a market capi talization equivalent to $100 million; provided, however, that the board ahall not in vest more than 6 percent of the investment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Canada. Sub ject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any in vestments and any money belonging to the fund."
SECTION 14.
Said title is further amended by striking in its entirety subsection (d) of Code Section 47-1-3, relating to the power of local retirement systems to hire an actuary and related matters, and inserting in lieu thereof the following:
"(d) Once every two years, the board of trustees or other governing authority of each local retirement system shall have the system's actuary make an actuarial investiga tion. Such actuarial investigation shall include the results of any actuarial investiga tion into the then current assumptions as to rates of interest, mortality, disability, withdrawal, and retirement. The actuarial investigation shall also include considera tion of the experience of the retirement system under its assumptions and a compari son of results with the previous actuarial investigations and may also include such other studies as may be necessary or desirable for the completeness and accuracy of the actuarial investigation. The actuarial investigation shall also include a valuation of the contingent assets and liabilities of the retirement system and a determination of the payments necessary to amortize over a stated period any unfunded accrued liabil ity disclosed. As an exhibit to the actuarial investigation, the local retirement system board of trustees or other governing authority thereof shall attach a copy of all the provisions of the plan for the local retirement system, including the requirements and conditions for qualifying to participate, the nature of benefits under the plan, and the manner in which the local retirement system is funded. Beginning on October 1, 1996, and every two years thereafter on such date, the board of trustees or other gov erning authority of each such local retirement system shall have on file with the state auditor an actuarial investigation meeting the requirements of this subsection. This subsection shall not apply to a retirement or pension program which is established pursuant to an insurance contract between an insurer and a county, municipality, lo cal board of education, or other political subdivision or between an insurer and any commission, board, or other agency of any such political subdivision. As used in the preceding sentence, the word 'insurance' and the word 'insurer' shall have the mean ings set forth, respectively, in Code Section 33-1-2. Municipalities providing a retire ment program for their employees pursuant to a contract with the Board of Trustees of the Georgia Municipal Employees Benefit System shall not be required to submit

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actuarial investigations under this subsection or financial reports under this Code sec tion. In lieu of such actuarial investigations and reports, the Board of Trustees of the Georgia Municipal Employees Benefit System shall prepare a comprehensive report once every two years based on the information required under Code Sections 47-5-26 and 47-5-30. Such comprehensive reports shall be filed with the state auditor at the same time as actuarial investigations are filed as provided in this subsection. Any county providing a retirement program for its employees pursuant to a contract with, or a program offered by, the Association County Commissioners of Georgia shall also be exempt from the requirements of this subsection and aubacctiona (c) through (j) of thia Code section or financial reports under this Code section, if the Association County Commissioners of Georgia files with the state auditor, at the same time actua rial investigations are filed under this subsection, a comprehensive report substan tially equivalent to the comprehensive report filed by the Board of Trustees of the Georgia Municipal Employees Benefit System as provided in this subsection. Nothing in this subsection shall be construed as to exempt either the Georgia Municipal Em ployees Benefit System or the Association County Commissioners of Georgia from the provisions of Code Section 47-20-4."

SECTION 15. All laws and parts of laws in conflict with this Act are repealed.

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

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

Alien Anderson
Ashe Bailey Bannister Barnard Barnes
Benefield Birdsong Bohannon Bordeaux
Borders Bridges Brooks Brown Buck
Buckner Bulloch Bunn
Burkhalter Byrd Callaway Campbell Cash
Channell Childers Clark Coan Coleman, B Coleman, T Connell Cooper Cox Crawford Cummings Davis, M

Y Davis, T Y Day
Dean
DeLoach, B
DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree E Henson
Holland Holmes Houston Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane 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 Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y OWeal Y Orrock Y Parham
Parrish Y Parsons

Pelote Pinholster Poag
Ponder
Porter
Powell Purcell Ragas Randall
Ray Reaves Reece Reed Reese
Reichert Rice Richardson Roberts
Rogers Royal Sanders
Sauder Scarlett Scheid Scott Shanahan
Shaw
Shipp Sholar Sims
Sinkfield Skipper Smith, B Smith, C Smith, C.W
Smith, L

Smith, L.R Smith, P Smith, T Smith, V Smyre
Snelling
Snow Squires Stallings Stancil
Stanley, P Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper
Tillman Tolbert Trense Turnquest
Twiggs Unterman Walker, L Walker, R.L Watson
West Westmoreland Whi taker Wiles Williams, J
Williams, R
Wix Yates Murphy, Spkr

THURSDAY, MARCH 4, 1999

1219

On the passage of the Bill, by substitute, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 366. By Representatives Martin of the 47th, Alien of the 117th, Teper of the 61st and Stuckey of the 67th:
A bill to amend Article 1 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, the Revised Code of 1998, relating to general provisions relative to descent and distribution, so as to repeal a provision prohibiting the father and other paternal kin from inheriting from or through a child born out of wedlock if the father failed or refused to treat the child openly as his own or to provide support for the child.
The following Committee substitute was read:

A BILL
To amend Article 1 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to general provisions relative to descent and distribution, so as to repeal a provision prohibiting the father and other paternal kin from inheriting from or through a child born out of wedlock if the father failed or re fused to treat the child openly as his own or to provide support for the child; to provide for such inheritance if the father, during the child's lifetime, has signed the child's birth certificate or has executed a signed, sworn statement attesting to the relationship; to amend Chapter 3 of Title 53 of the Official Code of Georgia Annotated, the Revised Pro bate Code of 1998, relating to year's support, so as to provide that a provision divesting taxes and tax liens against real property set apart for year's support applies to estates of decedents who died on or after January 1, 1998; to provide for divesting taxes and tax liens accrued in the years before the decedent died for estates of decedents who died before January 1, 1998; to amend Chapter 7 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to administration of estates gen erally, so as to provide for service upon creditors whose claims have not been paid in full due to insolvency of the estate of a citation relating to a petition for discharge of a per sonal representative; to provide for notice of the settlement of the personal representa tive's accounts to persons who claim to be creditors whose claims the personal represen tative disputes or cannot pay in full; to provide that such settlement shall be conclusive on such persons who receive notice; to amend Chapter 11 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to proceedings in pro bate court, so as to remove certain provisions relating to service on unknown persons by publication; to amend Article 1 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated, the Pre-1998 Probate Code, relating to general provisions relative to descent and distribution, so as to repeal a provision prohibiting the father and other paternal kin from inheriting from or through a child born out of wedlock if the father failed or re fused to treat the child openly as his own or to provide support for the child; to provide for such inheritance if the father, during the child's lifetime, has signed the child's birth certificate or has executed a signed, sworn statement attesting to the relationship; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to general provisions relative to descent and distribution, is amended in Code Section 53-2-4, relating to inheritance from children born out of wedlock, by striking subsection (b) in its entirety and inserting in lieu thereof the following:

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"(b)(i) The father of a child born out of wedlock, the other children of the father, and other paternal kin may inherit from and through the child born out of wedlock in the same manner as if the child were legitimate if:
(AX1) A court of competent jurisdiction has entered an order declaring the child to be legitimate under the authority of Code Section 19-7-22 or such other authority as may be provided by law;
(BK2) A court of competent jurisdiction has otherwise entered a court order estab lishing paternity;
(OX3) The father has, during the lifetime of the child, executed a sworn statement signed by him the father attesting to the parent-child relationship;
(B)(4) The father has, during the lifetime of the child, signed the birth certificate of the child; or
(EX5) The presumption of paternity described in division (2)(B)(ii) of Code Section 53-2-3 has been established and has not been rebutted by clear and convincing evidence.
(2) Paragraph (1) of thia subsection notwithstanding, neither the father nor any child of the father nor any other paternal kin shall inherit from or through a child born out of wedlock if it ahull bo established by a preponderance of evidence that the father failed or refused openly to treat the child as his own or failed or refused to provide support for the child."
SECTION 2. Chapter 3 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to year's support, is amended by striking in its entirety Code Sec tion 53-3-4, relating to taxes and tax liens against real property set aside for year's sup port, and inserting in its place the following:
"53-3-4.

(a) In solvent and insolvent estates, all taxes and liens for taxes accrued for years prior to the year of the decedent's death against the real property set apart and against any equity of redemption applicable to the real property set apart shall be divested as if the entire title were included in the year's support. Additionally, as elected in the petition, property taxes accrued in the year of the decedent's death or in the year in which the petition for year's support is filed or, if the petition is filed in the year of the decedent's death, in the year following the filing of the petition, shall be divested if the real property is set apart for year's support.
(b) This Code section shall be applicable to estates of decedents who died on or after January 1, 1998. For decedents who died before January 1, 1998, the provisions of subsection (b) of Code Section 53-5-2 of the Pre-1998 Probate Code shall apply."
SECTION 3.
Chapter 7 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to administration of estates generally, is amended in Code Section 53-7-50, relating to petitions for discharge and subsequently discovered estate, by strik ing subsection (b) in its entirety and inserting in lieu thereof the following:
"(b)(l) Subject to paragraphs (2) and (3) of this subsection, upon the filing of a peti tion for discharge, citation shall issue to all heirs or beneficiaries, as provided in Chapter 11 of this title, requiring them to file any objections to the discharge, except

THURSDAY, MARCH 4, 1999

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that in all cases a citation shall be published one time 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 or who have not been paid in full due to insolvency of the estate shall be served in accordance with Chapter 11 of this title.
(2) Notwithstanding paragraph (1) of this subsection, it shall not be necessary to no tify 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 re port 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."
SECTION 4.
Said chapter is further amended by striking in its entirety subsection (a) of Code Section 53-7-62, relating to settlement of accounts by the personal representative before the court, and inserting in lieu thereof the following:
"53-7-62.

(a) Any person interested as an heir or beneficiary of an estate or the probate court may, after the expiration of six months from the granting of letters, cite the personal representative to appear before the probate court for a settlement of accounts. Alterna tively, if the personal representative chooses, the personal representative may cite all the heirs or beneficiaries and all persons who claim to be creditors whose claims the personal representative disputes or cannot pay in full to be present at the settlement of the personal representative's accounts by the court. The settlement shall be conclu sive upon the personal representative and upon all the heirs or beneficiaries and all remaining persons who claim to be creditors who receive notice of the hearing. The court may, in the court's discretion, give the personal representative additional time to settle the estate."
SECTION 5.
Chapter 11 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to proceedings in probate court, is amended by striking in its en tirety Code Section 53-11-4, relating to service where the person or the person's resi dence is unknown or where the person resides outside the state, and inserting in lieu thereof the following:
"53-11-4.

(a) Except as otherwise prescribed by law or directed by the probate judge pursuant to Code Section 53-11-5, the provisions of this Code section shall apply in cases when a person to be served has a known current residence address outside this state, is un known, or ia known but whose current residence address is unknown.
(b) Unless all such persons have known current residence addresses, the probate court shall order service to be perfected by publication of the citation in the newspaper in which sheriffs advertisements are published in the county in which the petition is

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made. The citation shall be published once a week for four weeks prior to the date on which objections must be filed. The records of the court shall show the persons noti fied and the character of the notice given. The published citation shall be directed to the person to be served if known, and, if all persona arc not known, then to all and singular the parties in interest.
(c) If the current residence address of such a person is known, service shall be made by mailing by certified or registered mail, return receipt requested, a copy of the peti tion and the citation.
(d) When service by publication is ordered pursuant to this Code section, compliance with the provisions of this Code section relating to a person to be notified who is un known or who is known but whose current residence address is unknown shall be equivalent to personal service of a copy of the petition and citation when the fact ap pears in the records of the court showing the persons notified and the character of the notice given. In the case of an unknown poroon, it shall be sufficient if the rccorda of the court ahow published notice directed to all and singular the parties in interest and compliance with this Code section. In the case of a known person whose current resi dence address is unknown, that person's name shall appear in the records of the court, and such records shall show as to that person compliance with this Code section. In any case in which service by publication is granted, one order for publication shall be sufficient and the published citation shall be directed as provided in subsection (b) of this Code section."
SECTION 6. Article 1 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated, the Pre-1998 Probate Code, relating to general provisions relative to descent and distribution, is amended in Code Section 53-4-5, relating to inheritance from children born out of wed lock, by striking subsection (b) in its entirety and inserting in lieu thereof the following:
"(bXi) The father of a child born out of wedlock, the other children of the father, and other paternal kin, whether collateral or lineal, may inherit from and through the child born out of wedlock in the same manner as if the child were legitimate if, after the conception of the child:
(A)(l) A court of competent jurisdiction has entered an order declaring the child to be legitimate under the authority of Code Section 19-7-22 or such other authority as may be provided by law;
(BX2) A court of competent jurisdiction has otherwise entered a court order estab lishing the father of the child born out of wedlock;
(O)(3) The father, during the lifetime of the child, executed a sworn statement signed by him the father attesting to the parent-child relationship;
(B)(4) The father, during the lifetime of the child, signed the birth certificate of the child; or
(EX5) The presumption of paternity described in subparagraph (c)(2)(B) of Code Sec tion 53-4-4 has been established and has not been rebutted by clear and convincing evidence.

THURSDAY, MARCH 4, 1999

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(2) Paragraph (1) of thia subsection notwithstanding, neither the father nor any pa ternal kin shall inherit from or through a child born out of wedlock if it ohall be ca tabliahcd, by a preponderance of evidence, that the father, during hia lifetime and after the birth of the child, failed or refused to openly treat the child an his own or failed or refused to provide support for the child."
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
The following amendments were read and adopted:
Representatives Smith of the 109th and Martin of the 47th move to amend the Commit tee substitute to HB 366 by adding after "as" on line 14 of page 1 the following:
"to provide for acknowledgement of service of certain citations;". By adding between lines 30 and 31 of page 3 the following:
"SECTION 2.1. Said chapter is further amended by adding at the end of subsection (c) of Code Section 53-3-6, relating to issuance of citation and publication of notice, a new paragraph to read as follows:
'(4) Notwithstanding the provisions of paragraph (1) and (2) of this subsection, a copy of the citation shall not be required to be mailed to any person who has waived or acknowledged receipt of service of such citation as provided in Code Section 53-11-6.'"

Representatives Shanahan of the 10th and Martin of the 47th move to amend the Com mittee substitute to HB 366 by inserting on line 19 on page 1 immediately following the year and symbol "1998;" the following:
"to amend Code Section 53-5-22 of the Official Code of Georgia Annotated, relating to notice of petition for probate in solemn form, so as to change provisions relating to such notice;" By redesignating Sections 3 through 7 as Sections 4 through 8, respectively, and in serting between line 30 and 31 on page 3 a new Section 3 to read as follows:
"SECTION 3.
Code Section 53-5-22 of the Official Code of Georgia Annotated, relating to notice of peti tion for probate in solemn form, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) Probate in solemn form requires due notice to all the heirs of the testator, and te the beneficiaries and propoundcra of, if there is any other purported will of the testa tor for which probate proceedings are pending in this state, then such notice shall also be given to the beneficiaries and propounders of such purported will. Service of a no tice of petition for probate in solemn form shall be personal if the party resides in this state and is known and shall be served at least ten days before probate is to be made, except that, if waived, the ten-day provision shall not apply.'"
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substi tute, was agreed to, as amended.

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges
Brooks Y Brown Y Buck Y Buckner
Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway
Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Dean
DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes
Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree E Henson Y Holland Y Holmes
Houston
Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney
Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y OTSTeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag
E Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder
Y Scarlett E Scheid Y Scott Y Shanahan Y Shaw Y Shipp
Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires Y Stallings Y Stancil
Stanley, P Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs
Y Unterman
Walker, L Y Walker, R.L Y Watson Y West
Westmoreland
Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
SB 57. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A bill to provide for the Georgia Regional Transportation Authority; to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to change certain provisions relating to transit services with local governments; to amend Article 6 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor's planning and development, so as to change certain provisions relating to composition, appointment of members, and meetings of the Governor's Development Council.
The following Committee substitute was read:
A BILL
To provide for the Georgia Regional Transportation Authority; 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 receipt of federal funds by the state and inconsis tency between provisions of state and federal law; to change certain provisions relating to appropriation of federal funds to the Department of Transportation; to change certain

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provisions relating to priority of expenditures from the State Public Transportation Fund; to change certain provisions relating to transit services with local governments; to amend Article 6 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, re lating to the Governor's planning and development, so as to change certain provisions relating to composition, appointment of members, and meetings of the Governor's Devel opment Council; to change certain provisions relating to attachment of the council for administrative purposes and technical support; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the Georgia Regional Transportation Authority; to provide a short title; to define certain terms; to provide for the membership, appointment, and terms of members of the authority; to provide for the purposes, status, jurisdiction, powers, duties, rights, procedures, immunities, personnel, and resources of the authority; to provide for the creation and activation of special dis tricts; to provide for land transportation and air quality projects within such special dis tricts; to provide for financing of projects related to the purposes of the authority; to pro vide that certain projects shall not be commenced nor funds be expended by the state, political subdivisions, or departments, agencies, or authorities thereof under certain cir cumstances; to provide for the issuance of revenue bonds, guaranteed revenue bonds, bonds, notes, obligations, and other evidences of indebtedness under certain terms and conditions; to provide tax exemptions for the authority and the bonds thereof; to provide for land transportation and air quality services by local governments; to provide that certain funds shall be withheld from local governments under certain circumstances; to provide that certain prohibitions of expenditures or withholding of funds by the author ity shall not effect certain budgeted allocations of funds; to provide for legislative intent; to change certain provisions relating to definitions relative to the Georgia Environmen tal Facilities Authority; to provide for related matters; to provide an effective date; to re peal 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 ferries, is amended by striking subsection (b) of Code Section 32-5-1, relating to receipt of federal funds by the state and inconsistency between provisions of state and federal law, and inserting in lieu thereof the following:
"(b) If any provisions of this chapter are inconsistent with or contrary to any laws, rules, regulations, or other requirements of the United States Department of Trans portation or other federal agencies, the Georgia Department of Transportation is au thorized and empowered to waive such provisions of this chapter in order to resolve any such inconsistency or conflict, it being the purpose of this chapter to enable the department to comply with any requirement of the federal government in order to pro cure all possible federal aid and assistance for the construction or maintenance of the public roads of Georgia and other public transportation purposes."
SECTION 2.
Said title is further amended by striking Code Section 32-5-2, relating to appropriation of federal funds to the Department of Transportation, and inserting in lieu thereof the following:
"32-5-2.

(a) All federal funds received by the director of the Office of Treasury and Fiscal Ser vices under Code Section 32-5-1 are continually appropriated to the department for the purpose specified in the grants of such funds, provided that no federal funds or funds appropriated to the department shall be expended for procurement of rights of way for a road to be constructed on a county road system except as otherwise provided by law or by agreement between the federal government and the department.

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(b) Federal funds appropriated to the department pursuant to subsection (a) of this Code section shall be budgeted annually such that, of the total of all federal funds ap propriated to the department and all federal funds granted to the Georgia Regional Transportation Authority, at least 70 percent of such total is divided equally, or as nearly equal as practical, among the congressional districts in this state for public road or other public transportation purposes in such districts."
SECTION 3.
Said title is further amended by striking Code Section 32-5-21, relating to priority of ex penditures from the State Public Transportation Fund, and inserting in lieu thereof the following:
"32-5-21.
(a) Subject to the restrictions on expenditures imposed by Code Section 32-5-23, the State Public Transportation Fund shall be expended by the department in the follow ing order:
(1) To pay the rentals on lease contracts entered into pursuant to the authority of the Constitution of Georgia;
(2) To pay into the State of Georgia Guaranteed Revenue Debt Common Reserve Fund the amount of the highest annual debt service requirements for an issue of guaranteed revenue debt for public road projects initiated pursuant to Code Section 32-10-67, upon its issuance, when the guarantee of the specific issue has been au thorized by an appropriation of moneys governed by Article III, Section DC, Para graph VI(b) of the Constitution and the appropriation meets the requirements for such debt as provided by Article VII, Section IV, Paragraph III(b) of the Constitution;
(3) To pay the costs of operating the department and for any emergencies or unu sual situations;
(4) To pay the costs necessary to comply with the conditions of federal-aid appor tionments to the state for the planning, surveying, constructing, paving, and improv ing of the public roads in Georgia;
(5) Next, a sum equal to at least 15 percent of the State Public Transportation Fund, said sum to be used as follows:
(A) One-third to pay all or part of the costs of the planning, surveying, construct ing, improving, paving, and completing public roads not on the state highway system;
(B) One-third to pay all or part of the costs of planning, surveying, constructing, improving, and paving public roads on the state highway system; and
(C) The remaining one-third to pay all or part of the costs of planning, surveying, constructing, reconstructing, paving, and improving the public roads of Georgia determined by the department to be most in need of such work; and
(6) After the requirements set out in the foregoing provisions of this Code section subsection have been met, the remainder of the State Public Transportation Fund to be expended to pay the costs of maintaining, improving, constructing, and recon structing the public roads of the state highway system, for maintaining roads within and leading to state parks, and for constructing public roads by department forces.

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(b) The subtotal of expenditures from the State Public Transportation Fund under paragraphs (4), (5), and (6) of subsection (a) of this Code section shall be budgeted an nually such that at least 70 percent of such subtotal is divided equally, or as nearly equal as practical, among the congressional districts in this state for public road pur poses in such districts."
SECTION 4.
Said title is further amended by striking Code Section 32-9-11, relating to transit ser vices with local governments, and inserting in lieu thereof the following:
"32-9-11.

(a) As used in this Code section, the term:

(1) 'Local government' means any county, municipality, or political subdivision of this state, or any combination thereof.
(2) 'Transit agency' means any public agency, public corporation, or public authority existing under the laws of this state that is authorized by any general, special, or lo cal law to provide any type of transit services within any area of this state but shall not include the Department of Transportation, the Georgia Regional Transportation Authority, or the Georgia Rail Passenger Authority.

(3) 'Transit facilities' means everything necessary and appropriate for the convey ance and convenience of passengers who utilize transit services.

(4) 'Transit services' means all modes of transportation serving the general public which are appropriate to transport people and their personal effects by highway or other ground conveyance but does not include rail conveyance.

(b) Any transit agency may, by contract with any local government for any period not exceeding 50 years, provide transit services or transit facilities for, to, or within that local government or between that local government and any area in which such transit agency provides transit services or transit facilities, except that if such services or facilities are to be funded wholly or partially by fees, assessments, or taxes levied and collected within a special district created pursuant to Article K, Section II, Para graph VI of the Constitution, such contract may only become effective if it is approved by a majority of the qualified voters voting in such local government in a special elec tion which shall be called and conducted for that purpose by the election superinten dent of such local government. Any services provided by a transit agency pursuant to a contract authorized by this subsection shall be conditioned upon such services being included in a plan for transit services adopted or approved by the governing authority of the county and by the governing authorities of any municipalities within which transit services are to be provided as provided in the plan.

(c) The purpose of this Code section is to facilitate the exercise of the power to provide public transportation services conferred by Article K, Section II, Paragraph III of the Constitution. This Code section does not repeal any other law conferring the power to provide public transportation services or prescribing the manner in which such power is to be exercised. This Code section does not restrict the power of the Department of Transportation, the Georgia Regional Transportation Authority, or the Georgia Rail Passenger Authority to contract with any local government to provide transit services or transit facilities, including but not limited to rail transit services and facilities, pur suant to Article DC, Section III, Paragraph I of the Constitution."

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SECTION 5.
Article 6 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor's planning and development, is amended by striking Code Section 45-12-203, relating to composition, appointment of members, and meetings of the Gover nor's Development Council, and inserting in lieu thereof the following:
"45-12-203.

(a) Membership on the council ohall be as follows: the Governor or the Governor's dcaigncc, the eommiaaioncr of community affairs, the commissioner of industry, trade, and tourism, the commissioner of natural resources, the commissioner of tronsporta tion, the director of the Office of Planning and Budget, the executive director of the Georgia Environmental Facilitica Authority, and nine private sector members ap pointed by the Governor.--Private sector members shall be aclcetcd in such a way that they represent the geographical and economic diversity of this atato to the maximum extent feasible.--All private sector members shall serve at the pleasure of the Cover BOP The members of the board of directors of the Georgia Regional Transportation Au thority provided by Code Section 50-32-4, upon their initial appointment and thereaf ter, shall constitute the membership of the council. Membership on that authority or the council shall not constitute an appointment to an office of honor or trust for pur poses of subsection (a) of Code Section 50-32-4.
(b) The Governor shall designate The chair of the Georgia Regional Transportation Authority shall serve as the chair of the council.
(c) The council shall hold meetings as often as the chair determines, but not more than 12 days each year. The chair may call special meetings upon adequate written, personal, telephone, or facsimile notice to members of the council. A majority of the Nine members of the council shall constitute a quorum for conducting business. No member may act through a proxy, designee, or delegate except for the Governor as provided in subsection (a) of this Code section. The council may establish, from time to time, such additional rules and procedures as the council deems appropriate for conducting the council's business. These rules and procedures may be established in bylaws or in such other form as the council deems appropriate."
SECTION 6.
Said article is further amended by striking Code Section 45-12-205, relating to attach ment of the Governor's Development Council for administrative purposes and technical support, and inserting in lieu thereof the following:
"45-12-205.

The council shall be attached to the Office of Planning and Budget Department of Community Affairs for administrative purposes. The Department of Community Af fairs and the Office of Planning and Budget shall provide technical support to the council as directed by the chair and approved by the Governor."

SECTION 7.
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new Chapter 32 to read as follows:

50-32-1.

"CHAPTER 32 ARTICLE 1

This chapter shall be known and may be cited as the 'Georgia Regional Transportation Authority Act.'

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50-32-2.
As used in this chapter, the term:
(1) 'Authority' means the Georgia Regional Transportation Authority.
(2) 'Bond' includes any revenue bond, bond, note, or other obligation.
(3) 'Clean Air Act' means the federal Clean Air Act, as amended in 1990 and codi fied at 42 U.S.C.A. Sections 7401 to 7671q.
(4) 'Cost of project' or 'cost of any project' means:
(A) All costs of acquisition, by purchase or otherwise, construction, assembly, in stallation, modification, renovation, extension, rehabilitation, operation, or mainte nance incurred in connection with any project, facility, or undertaking of the au thority or any part thereof;
(B) All costs of real property or rights in property, fixtures, or personal property used in or in connection with or necessary for any project, facility, or undertaking of the authority or for any facilities related thereto, including but not limited to, the cost of all land, interests in land, estates for years, easements, rights, im provements, water rights, and connections for utility services; the cost of fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; the cost of prepara tion of any application therefor; and the cost of all fixtures, machinery, equip ment, furniture, and other property used in or in connection with or necessary for any project, facility, or undertaking of the authority;
(C) All financing charges, bond insurance or other credit enhancement fee, and loan or loan guarantee fees and all interest on revenue bonds, notes, or other obli gations of the authority which accrue or are paid prior to and during the period of construction of a project, facility, or undertaking of the authority and during such additional period as the authority may reasonably determine to be necessary to place such project, facility, or undertaking of the authority in operation;
(D) All costs of engineering, surveying, planning, environmental assessments, fi nancial analyses, and architectural, legal, and accounting services and all ex penses incurred by engineers, surveyors, planners, environmental scientists, fiscal analysts, architects, attorneys, accountants, and any other necessary technical personnel in connection with any project, facility, or undertaking of the authority or the issuance of any bonds, notes, or other obligations for such project, facility, or undertaking;
(E) All expenses for inspection of any project, facility, or undertaking of the authority;
(F) All fees of fiscal agents, paying agents, and trustees for bond owners under any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, bond registrar, and trustees; and all other costs and expenses incurred relative to the issuance of any bonds, revenue bonds, notes, or other obligations for any project, facility, or undertaking of the authority, including bond insurance or credit en hancement fee;
(G) All fees of any type charged by the authority in connection with any project, facility, or undertaking of the authority;
(H) All expenses of or incidental to determining the feasibility or practicability of any project, facility, or undertaking of the authority;
(I) All costs of plans and specifications for any project, facility, or undertaking of the authority;

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(J) All costs of title insurance and examinations of title with respect to any pro ject, facility, or undertaking of the authority; (K) Repayment of any loans for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans; (L) Administrative expenses of the authority and such other expenses as may be necessary or incidental to any project, facility, or undertaking of the authority or the financing thereof or the placing of any project, facility, or undertaking of the authority in operation; and (M) The establishment of a fund or funds for the creation of a debt service re serve, a renewal and replacement reserve, or such other funds or reserves as the authority may approve with respect to the financing and operation of any project, facility, or undertaking of the authority and as may be authorized by any bond resolution, trust agreement, indenture, or trust or similar instrument or agree ment pursuant to the provisions of which the issuance of any revenue bonds, notes, or other obligations of the authority may be authorized.
Any cost, obligation, or expense incurred for any of the purposes specified in this paragraph shall be a part of the cost of the project, facility, or undertaking of the authority and may be paid or reimbursed as such out of the proceeds of revenue bonds, notes, or other obligations issued by the authority or as otherwise authorized by this chapter.
(5) "County" means any county created under the Constitution or laws of this state.
(6) 'Facility* shall have the same meaning as 'project.'
(7) 'Local government' or 'local governing authority' means any municipal corpora tion or county or any state or local authority, board, or political subdivision created by the General Assembly or pursuant to the Constitution and laws of this state.
(8) 'May' means permission and not command.
(9) 'Municipal corporation' or 'municipality' means any city or town in this state.
(10) 'Obligation' means any bond, revenue bond, note, lease, contract, evidence of in debtedness, debt, or other obligation of the authority, the state, or local governments which are authorized to be issued under this chapter or under the Constitution or other laws of this state, including refunding bonds.
(11) 'Office of profit or trust under the state' means any office created by or under the provisions of the Constitution, but does not include elected officials of county or local governments.
(12) 'Project' means the acquisition, construction, installation, modification, renova tion, repair, extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, in stallation, modification, renovation, repair, extension, renewal, replacement, rehabil itation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential pub lic purpose of providing facilities and services to meet land public transportation needs and environmental standards and to aid in the accomplishment of the pur poses of the authority.
(13) 'Revenue bond' includes any bond, note, or other obligation payable from reve nues derived from any project, facility, or undertaking of the authority.

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(14) 'State-wide transportation improvement program' means a staged, multiyear, state-wide, intermodal program defined in 23 C.F.R. Section 450.104 which contains transportation projects consistent with the state-wide transportation plan and plan ning processes and metropolitan plans, transportation improvement programs, and processes.
(15) 'State-wide transportation plan' means the official state-wide, intermodal trans portation plan as defined in 23 C.F.R. Section 450.104 that is developed through the state-wide transportation planning process.
(16) 'Transportation improvement program' means a staged, multiyear, intermodal program as defined in 23 C.F.R. Section 450.104 and consisting of transportation projects which is consistent with the metropolitan transportation plan.
(17) 'Undertaking' shall have the same meaning as 'project.' 50-32-3.
(a) There is created the Georgia Regional Transportation Authority as a body corpo rate and politic, which shall be deemed an instrumentality of the State of Georgia and a public corporation thereof, for purposes of managing or causing to be managed land transportation and air quality within certain areas of this state; and by that name, style, and title such body may contract and be contracted with and bring and defend actions in all courts of this state.
(b) The management of the business and affairs of the authority shall be vested in a board of directors, subject to the provisions of this chapter and to the provisions of by laws adopted by the board as authorized by this chapter. The board of directors shall make bylaws governing its own operation and shall have the power to make bylaws, rules, and regulations for the government of the authority and the operation, manage ment, and maintenance of such projects as the board may determine appropriate to undertake from time to time.
(c) Except as otherwise provided in this chapter, a majority of the members of the board then in office shall constitute a quorum for the transaction of business. The vote of a majority of the members of the board present at the time of the vote, if a quorum is present at such time, shall be the act of the board unless the vote of a greater number is required by law or by the bylaws of the board of directors. The board of directors, by resolution adopted by a majority of the full board of directors, shall designate from among its members an executive committee and one or more other committees, each consisting of two or more members of the board, which shall have and exercise such authority as the board may delegate to it under such proce dures as the board may direct by resolution establishing such committee or committees.
(d) No vacancy on the authority shall impair the right of a majority of the appointed members from exercising all rights and performing all duties of the authority. The au thority shall have perpetual existence. Any change in the name or composition of the authority shall in no way affect the vested rights of any person under this chapter or impair the obligations of any contracts existing under this chapter. 50-32-4.
(a) The initial board of directors of the authority shall consist of 15 members. All members of the board and their successors shall be appointed for terms of five years each, except that the initial terms for eight members of the board appointed in 1999 shall be three years each; and the particular beginning and ending dates of such

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terms shall be specified by the Governor. All members of the board shall be appointed by the Governor of the State of Georgia and shall serve until the appointment and qualification of a successor, except as otherwise provided in this Code section. Said members shall be appointed so as to reasonably reflect the characteristics of the gen eral public within the jurisdiction or potential jurisdiction of the authority, subject to the provisions of subsection (d) of this Code section. No person holding any other of fice of profit or trust under the state shall be appointed to membership. The chair of the board of directors shall be appointed and designated by the Governor.
(b) All successors shall be appointed in the same manner as original appointments. Vacancies in office shall be filled in the same manner as original appointments. A person appointed to fill a vacancy shall serve for the unexpired term. No vacancy on the board shall impair the right of the quorum of the remaining members then in of fice to exercise all rights and perform all duties of the board.
(c) The members of the board of directors shall be entitled to and shall be reimbursed for their actual travel expenses necessarily incurred in the performance of their duties and, for each day actually spent in the performance of their duties, shall receive the same per diem as do members of the General Assembly.
(d) Members of the board of directors may be removed by executive order of the Gov ernor for misfeasance, malfeasance, nonfeasance, failure to attend three successive meetings of the board without good and sufficient cause, abstention from voting unless authorized under subsection (g) of this Code section, or upon a finding of a violation of Code Section 45-10-3 pursuant to the procedures applicable to that Code section; and the action of the Governor shall be final and nonreviewable. A violation of Code Sec tion 45-10-3 may also subject a member to the penalties provided in subparagraphs (a)(l)(A), (a)(l)(B), and (a)(l)(C) of Code Section 45-10-28, pursuant to subsection (b) of Code Section 45-10-28. In the event that a vacancy or vacancies on the board renders the board able to obtain a quorum but unable to obtain the attendance of a number of members sufficient to constitute such supermajorities as may be required by this chapter, the board shall entertain no motion or measure requiring such a supermajority until a number of members sufficient to constitute such supermajority is present, and the Governor shall be immediately notified of the absence of members.
(e) The members of the authority shall be subject to the applicable provisions of Chap ter 10 of Title 45, including without limitation Code Sections 45-10-3 through 45-10-5. The members of the authority shall be accountable in all respects as trustees. The au thority shall keep suitable books and records of all actions and transactions and shall submit such books together with a statement of the authority's financial position to the state auditor on or about the close of the state's fiscal year. The books and records shall be inspected and audited by the state auditor at least once in each year.
(f) Meetings of the board of directors, regular or special, shall be held at the time and place fixed by or under the bylaws, with no less than five days public notice for regu lar meetings as prescribed in the bylaws, and such notice as the bylaws may prescribe for special meetings. Each member shall be given written notice of all meetings as prescribed in the bylaws. Meetings of the board may be called by the chairperson or by such other person or persons as the bylaws may authorize. Notice of any regular or special meeting shall be given to the Governor at least five days prior to such meet ing, unless the Governor waives such notice requirement, and no business may be transacted at any meeting of the board unless and until the Governor has acknowl edged receipt of or waived such notice.
(g) All meetings of the board of directors shall be subject to the provisions of Chapter 14 of this title. A written record of each vote taken by the board, specifying the yea or nay vote or absence of each member as to each measure, shall be transmitted

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promptly to the Governor upon the adjournment of each meeting. No member may abstain from a vote other than for reasons constituting disqualification to the satisfac tion of a majority of a quorum of the board on a record vote.

(h) The authority is assigned to the Department of Community Affairs for administra tive purposes only.

50-32-10.

ARTICLE 2

(a)(l) This chapter shall operate uniformly throughout the state.
(2)(A) The initial jurisdiction of the authority for purposes of this chapter shall encompass the territory of every county which was designated by the United States Environmental Protection Agency (USEPA) in the Code of Federal Regula tions as of December 31, 1998, as a county included in whole or in part within a nonattainment area under the Clean Air Act and which the board designates, through regulation, as a county having excess levels of ozone, carbon monoxide, or particulate matter.
(B) The jurisdiction of the authority for purposes of this chapter shall also encom pass the territory of every county designated by the USEPA in the Code of Fed eral Regulations after December 31, 1998, as a county included in whole or in part within a nonattainment area under the Clean Air Act and which the board designates, through regulation, as a county having excess levels of ozone, carbon monoxide, or particulate matter, provided that the jurisdictional area encom passed under this subparagraph shall be contiguous with the jurisdictional area encompassed under subparagraph (A) of this paragraph.

(b)(l) Within three months of the effective date of this chapter, the director of the Environmental Protection Division shall report and certify to the authority and the Governor, pursuant to criteria established by that division, counties which are rea sonably expected to become nonattainment areas under the Clean Air Act within seven years from the date of such report and certification, and shall update such re port and certification every six months thereafter. Within the geographic territory of any county so designated, the board shall provide, by resolution or regulation, that the funding, planning, design, construction, contracting, leasing, and other re lated facilities of the authority shall be made available to county and local govern ments for the purpose of planning, designing, constructing, operating, and maintain ing land public transportation systems and other land transportation projects, air quality installations, and all facilities necessary and beneficial thereto, and for the purpose of designing and implementing designated metropolitan planning organiza tions' land transportation plans and transportation improvement programs, on such terms and conditions as may be agreed to between the authority and such county or local governments.

(2) By resolution of the county governing authority, the special district created by this chapter encompassing the territory of any county reported and certified pursu ant to paragraph (1) of this subsection may be activated for the purposes of this chapter, or such county may be brought within the jurisdiction of the authority by resolution of the governing authority.

(3) The jurisdiction of the authority for purposes of this chapter shall be extended to the territory of any county the territory of which is not contiguous with the jurisdic tion established by subsection (a) of this Code section which is designated by the USEPA in the Code of Federal Regulations as a county included in whole or in part within a nonattainment area under the Clean Air Act and which the board designates, through regulation, as a county having excess levels of ozone, carbon

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monoxide, or particulate matter. Upon any such county coming within the jurisdic tion of the authority, a single member shall be added to the board, together with an additional member for each 200,000 persons above the number of 200,000 persons forming the population of such county according to the 1990 United States decennial census or any future such census.
(c) Upon acquiring jurisdiction over the territory of any county, the authority's juris diction over such territory shall continue until 20 years have elapsed since the later of the date such county was redesignated by the USEPA as in attainment under the Clean Air Act or such designation by the USEPA is no longer made.
(d)(l) Upon the lapse of the authority's jurisdiction over a geographic area pursuant to the provisions of this Code section, the authority shall have the power to enter into such contracts, lease agreements, and other instruments necessary or conve nient to manage and dispose of real property and facilities owned or operated by the authority within such geographic area, and shall dispose of all such property not more than five years after the lapse of such jurisdiction, but shall retain jurisdiction for the purpose of operating and managing such property and facilities until their fi nal disposition.
(2) The provisions of this subsection shall be implemented consistent with the terms of such contracts, lease agreements, or other instruments or agreements as may be necessary or required to protect federal interests in assets purchased, leased, or con structed utilizing federal funding in whole or in part, and the authority is empow ered to enter into such contracts, lease agreements, or other instruments or agree ments with appropriate federal agencies or other representatives or instrumentalities of the federal government from time to time as necessary to achieve the purposes of this chapter and the protection of federal interests.
50-32-11.
(a) The authority shall have the following general powers:
(1) To sue and be sued in all courts of this state, the original jurisdiction and venue of any such action being the Superior Court of Fulton County unless such action in volves property of the authority located in another county;
(2) To have a seal and alter the same at its pleasure;
(3) To plan, design, acquire, construct, add to, extend, improve, equip, operate, and maintain or cause to be operated and maintained land public transportation systems and other land transportation projects, and all facilities and appurtenances neces sary or beneficial thereto, within the geographic area over which the authority has jurisdiction, or which cross county boundaries within or on the periphery of the geo graphic area over which the authority has jurisdiction for such purposes pursuant to this chapter, and to contract with any state, regional, or local government, author ity, or department, or with any private person, firm, or corporation, for those pur poses, and to enter into contracts and agreements with the Georgia Department of Transportation, county and local governments, and transit system operators for those purposes;
(4) To plan, design, acquire, construct, add to, extend, improve, equip, operate, and maintain or cause to be operated and maintained air quality control installations, and all facilities and appurtenances necessary or beneficial thereto, within the geo graphic area over which the authority has jurisdiction for such purposes pursuant to this chapter, and to contract with any state, regional, or local government, author ity, or department, or with any private person, firm, or corporation, for those pur-

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poses; provided, however, that where such air quality control measures are included in an applicable implementation plan, they shall be approved by the Environmental Protection Division of the state Department of Natural Resources and by the United States Environmental Protection Agency where necessary to preserve their protected status during any conformity lapse;

(5) To make and execute contracts, lease agreements, and all other instruments nec essary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created, such contracts, leases, or instruments to include contracts for acquisition, construction, operation, management, or mainte nance of projects and facilities owned by local government, the authority, or by the state or any political subdivision, department, agency, or authority thereof, and to include contracts relating to the execution of the powers of the authority and the disposal of the property of the authority from time to time; and any and all local governments, departments, institutions, authorities, or agencies of the state are au thorized to enter into contracts, leases, agreements, or other instruments with the authority upon such terms and to transfer real and personal property to the author ity for such consideration and for such purposes as they deem advisable;
(6) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in fur therance of the public purpose of the authority, in compliance, where required, with applicable federal law including without limitation the Uniform Relocation Assis tance and Real Property Acquisition Policies Act of 1970, as amended, 40 U.S.C. Sec tion 4601 et seq., 23 C.F.R. Section 1.23, and 23 C.F.R. Section 713(c);
(7) To appoint an executive director who shall be executive officer and administra tive head of the authority. The executive director shall be appointed and serve at the pleasure of the authority. The executive director shall hire officers, agents, and em ployees, prescribe their duties and qualifications and fix their compensation, and perform such other duties as may be prescribed by the authority. Such officers, agents, and employees shall serve at the pleasure of the executive director;

(8) To finance projects, facilities, and undertakings of the authority for the further ance of the purposes of the authority within the geographic area over which the au thority has jurisdiction by loan, loan guarantee, grant, lease, or otherwise, and to pay the cost of such from the proceeds of bonds, revenue bonds, notes, or other obli gations of the authority or any other funds of the authority or from any contribu tions or loans by persons, corporations, partnerships, whether limited or general, or other entities, all of which the authority is authorized to receive, accept, and use;

(9) To extend credit or make loans or grants for all or part of the cost or expense of any project, facility, or undertaking of a political subdivision or other entity for the furtherance of the purposes of the authority within the geographic area over which the authority has jurisdiction upon such terms and conditions as the authority may deem necessary or desirable; and to adopt rules, regulations, and procedures for making such loans and grants;

(10) To borrow money to further or carry out its public purpose and to issue guaran teed revenue bonds, revenue bonds, notes, or other obligations to evidence such loans and to execute leases, trust indentures, trust agreements for the sale of its revenue bonds, notes, or other obligations, loan agreements, mortgages, deeds to se cure debt, trust deeds, security agreements, assignments, and such other agree ments or instruments as may be necessary or desirable in the judgment of the au thority, and to evidence and to provide security for such loans;

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(11) To issue guaranteed revenue bonds, revenue bonds, bonds, notes, or other obli gations of the authority, to receive payments from the Department of Community Affairs, and to use the proceeds thereof for the purpose of:
(A) Paying or loaning the proceeds thereof to pay, all or any part of, the cost of any project or the principal of and premium, if any, and interest on the revenue bonds, bonds, notes, or other obligations of any local government issued for the purpose of paying in whole or in part, the cost of any project and having a final maturity not exceeding three years from the date of original issuance thereof;
(B) Paving all costs of the authority incidental to, or necessary and appropriate to, furthering or carrying out the purposes of the authority; and
(C) Paying all costs of the authority incurred in connection with the issuance of the guaranteed revenue bonds, revenue bonds, bonds, notes, or other obligations;
(12) To collect fees and charges in connection with its loans, commitments, manage ment services, and servicing including, but not limited to, reimbursements of costs of financing, as the authority shall determine to be reasonable and as shall be ap proved by the authority;
(13) Subject to any agreement with bond owners, to invest moneys of the authority not required for immediate use to carry out the purposes of this chapter, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in obligations which shall be limited to the following:
(A) Bonds or other obligations of the state or bonds or other obligations, the prin cipal and interest of which are guaranteed by the state;
(B) Bonds or other obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government;
(C) Obligations of agencies of the United States government issued by the Federal Land Bank, the Federal Home Loan Bank, the Federal Intermediate Credit Bank, and the Bank for Cooperatives;
(D) Bonds or other obligations issued by any public housing agency or municipal ity in the United States, which bonds or obligations are fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government, or project notes issued by any public housing agency, urban renewal agency, or municipality in the United States and fully secured as to payment of both princi pal and interest by a requisition, loan, or payment agreement with the United , States government;
(E) Certificates of deposit of national or state banks or federal savings and loan associations located within the state which have deposits insured by the Federal Deposit Insurance Corporation or any Georgia deposit insurance corporation and certificates of deposit of state building and loan associations located within the state which have deposits insured by any Georgia deposit insurance corporation, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or trustee for any such bond proceeds; provided, however, that the portion of such certificates of de posit in excess of the amount insured by the Federal Deposit Insurance Corpora tion or any Georgia deposit insurance corporation, if any such excess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, or with any national or state bank located within the state, of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess:
(i) Direct and general obligations of the state or of any county or municipality in the state;

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(ii) Obligations of the United States or subsidiary corporations included in subparagraph (B) of this paragraph;
(iii) Obligations of agencies of the United States government included in subparagraph (C) of this paragraph; or
(iv) Bonds, obligations, or project notes of public housing agencies, urban re newal agencies, or municipalities included in subparagraph (D) of this paragraph;
(F) Interest-bearing time deposits, repurchase agreements, reverse repurchase agreements, rate guarantee agreements, or other similar banking arrangements with a bank or trust company having capital and surplus aggregating at least $50 million or with any government bond dealer reporting to, trading with, and recog nized as a primary dealer by the Federal Reserve Bank of New York having capi tal aggregating at least $50 million or with any corporation which is subject to re gistration with the Board of Governors of the Federal Reserve System pursuant to the requirements of the Bank Holding Company Act of 1956, provided that each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangement shall permit the moneys so placed to be available for use at the time provided with re spect to the investment or reinvestment of such moneys; and
(G) State operated investment pools;

(14) To acquire or contract to acquire from any person, firm, corporation, local gov ernment, federal or state agency, or corporation by grant, purchase, or otherwise, leaseholds, real or personal property, or any interest therein; and to sell, assign, ex change, transfer, convey, lease, mortgage, or otherwise dispose of or encumber the same; and local government is authorized to grant, sell, or otherwise alienate lease holds, real and personal property, or any interest therein to the authority;

(15) Subject to applicable covenants or agreements related to the issuance of bonds, to invest any moneys held in debt service funds or sinking funds not restricted as to investment by the Constitution or laws of this state or the federal government or by contract not required for immediate use or disbursement in obligations of the types specified in paragraph (13) of this subsection, provided that, for the purposes of this paragraph, the amounts and maturities of such obligations shall be based upon and correlated to the debt service, which debt service shall be the principal installments and interest payments, schedule for which such moneys are to be applied;
(16) To provide advisory, technical, consultative, training, educational, and project assistance services to the state and local government and to enter into contracts with the state and local government to provide such services. The state and local governments are authorized to enter into contracts with the authority for such ser vices and to pay for such services as may be provided them;
(17) To make loan commitments and loans to local governments and to enter into option arrangements with local governments for the purchase of said bonds, revenue bonds, notes, or other obligations;
(18) To sell or pledge any bonds, revenue bonds, notes, or other obligations acquired by it whenever it is determined by the authority that the sale thereof is desirable;
(19) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instru-

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mentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof;
(20) To lease to local governments any authority owned facilities or property or any state owned facilities or property which the authority is managing under contract with the state;
(21) To contract with state agencies or any local government for the use by the au thority of any property or facilities or services of the state or any such state agency or local government or for the use by any state agency or local government of any facilities or services of the authority and such state agencies and local governments are authorized to enter into such contracts;
(22) To extend credit or make loans, including the acquisition of bonds, revenue bonds, notes, or other obligations of the state, any local government, or other entity, including the federal government, for the cost or expense of any project or any part of the cost or expense of any project, which credit or loans may be evidenced or se cured by trust indentures, loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, or assignments, on such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of re serve funds; and, in the exercise of powers granted by this chapter in connection with any project, the authority shall have the right and power to require the inclu sion in any such trust indentures, loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument such provi sions or requirements for guaranty of any obligations, insurance, construction, use, operation, maintenance, and financing of a project and such other terms and condi tions as the authority may deem necessary or desirable;
(23) As security for repayment of any bonds, revenue bonds, notes, or other obliga tions of the authority, to pledge, lease, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority including, but not limited to, real property, fixtures, personal property, and revenues or other funds and to execute any lease, trust indenture, trust agreement, agreement for the sale of the author ity's revenue bonds, notes or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or in strument as may be necessary or desirable, in the judgment of the authority, to se cure any such revenue bonds, notes, or other obligations, which instruments or agreements may provide for foreclosure or forced sale of any property of the author ity upon default in any obligation of the authority, either in payment of principal, premium, if any, or interest or in the performance of any term or condition con tained in any such agreement or instrument;
(24) To receive and use the proceeds of any tax levied to pay all or any part of the cost of any project or for any other purpose for which the authority may use its own funds pursuant to this chapter;
(25) To use income earned on any investment for such corporate purposes of the au thority as the authority in its discretion shall determine, including, but not limited to, the use of repaid principal and earnings on funds, the ultimate source of which was an appropriation to a budget unit of the state to make loans for projects;
(26) To cooperate and act in conjunction with industrial, commercial, medical, scien tific, public interest, or educational organizations; with agencies of the federal gov ernment and this state and local government; with other states and their political subdivisions; and with joint agencies thereof and such state agencies, local govern-

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ment, and joint agencies are authorized and empowered to cooperate and act in con junction, and to enter into contracts or agreements with the authority and local gov ernment to achieve or further the purposes of the authority;
(27) To coordinate and assist in planning for land transportation and air quality purposes within the geographic area over which the authority has jurisdiction pur suant to this chapter, between and among all state, regional, and local authorities charged with planning responsibilities for such purposes by state or federal law, and to adopt a regional plan or plans based in whole or in part on such planning;
(28) To review and make recommendations to the Governor concerning all proposed regional land transportation plans and transportation improvement programs pre pared by metropolitan planning organizations wholly or partly within the geographic area over which the authority has jurisdiction pursuant to this chapter, and to nego tiate with such metropolitan planning organizations concerning changes or amend ments to such plans which may be recommended by the authority or the Governor consistent with applicable federal law and regulation, and to adopt such regional plans as all or a portion of its own regional plans;
(29) To review and make recommendations to the Governor concerning all land transportation plans and transportation improvement programs prepared by the De partment of Transportation involving design, construction, or operation of land transportation facilities wholly or partly within the geographic area over which the authority has jurisdiction pursuant to this chapter, and to negotiate with that de partment concerning changes or amendments to such plans which may be recom mended by the authority or the Governor consistent with applicable federal law and regulation, and to adopt such plans as all or a portion of its own regional plans;
(30) To acquire by the exercise of the power of eminent domain any real property or rights in property which it may deem necessary for its purposes under this chapter pursuant to the procedures set forth in this chapter, and to purchase, exchange, sell, lease, or otherwise acquire or dispose of any property or any rights or interests therein for the purposes authorized by this chapter or for any facilities or activities incident thereto, subject to and in conformity with applicable federal law and regulation;
(31) To the extent permissible under federal law, to operate as a receiver of federal grants, loans, and other moneys intended to be used within the geographic area over which the authority has jurisdiction pursuant to this chapter for inter-urban and intra-urban transit, land public transportation development, air quality and air pollu tion control, and other purposes related to the alleviation of congestion and air pollution;
(32) Subject to any covenant or agreement made for the benefit of owners of bonds, notes, or other obligations issued to finance roads or toll roads, in planning for the use of any road or toll road which lies within the geographical area over which the authority has jurisdiction, the authority shall have the power to control or limit ac cess thereto, including the power to close off, regulate, or create access to or from any part, excluding the interstate system, of any public road on the state highway system, a county road system, or municipal street system to the extent necessary to achieve the purposes of the authority; the authority may submit an application for an interstate system right of way encroachment through the state Department of Transportation, and that department shall submit the same to the Federal Highway Administration for approval. The authority shall provide any affected local govern ment with not less than 60 days notice of any proposed access limitation;

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(33) To exercise any power granted by the laws of this state to public or private cor porations which is not in conflict with the public purpose of the authority;
(34) To do all things necessary or convenient to carry out the powers conferred by this chapter;
(35) To procure insurance against any loss in connection with its property and other assets or obligations or to establish cash reserves to enable it to act as self-insurer against any and all such losses;
(36) To accept and use federal funds; to enter into any contracts or agreements with the United States or its agencies or subdivisions relating to the planning, financing, construction, improvement, operation, and maintenance of any public road or other mode or system of land transportation; and to do all things necessary, proper, or ex pedient to achieve compliance with the provisions and requirements of all applicable federal-aid acts and programs. Nothing in this chapter is intended to conflict with any federal law; and, in case of such conflict, such portion as may be in conflict with such federal law is declared of no effect to the extent of the conflict;
(37) To ensure that any project funded by the authority in whole or in part with federal-aid funds is included in approved transportation improvement programs adopted and approved by designated metropolitan planning organizations and the Governor and in the land transportation plan adopted and approved by the desig nated metropolitan planning organization, and is in compliance with the require ments of relevant portions of the regulations implementing the Clean Air Act includ ing without limitation 40 C.F.R. Section 93.105(c)(l)(ii) and 40 C.F.R. Section 93.122(a)(l), where such inclusion, approval, designation, or compliance is required by applicable federal law or regulation; and
(38) To appoint and select officers, agents, and employees, including engineering, ar chitectural, and construction experts and attorneys, and to fix their compensation.
(b) In addition to the above-enumerated general powers, and such other powers as are set forth in this chapter, the authority shall have the following powers with respect to special districts created and activated pursuant to this chapter:
(1) By resolution, to authorize the provision of land public transportation services and the institution of air quality control measures within the bounds of such special districts by local governments within such special districts utilizing the funding methods authorized by this chapter where the facilities for such purposes are lo cated wholly within the jurisdiction of such local governments and such special dis tricts or are the subject of contracts between or among such local governments and where such services and measures are certified by the authority to be consistent with the designated metropolitan planning organizations' regional plans, where applicable;
(2) By resolution, to authorize the utilization by local governments within such spe cial districts of the funding mechanisms enumerated in Code Section 50-32-30 to provide funding to defray the cost of land public transportation and air quality con trol measures certified and provided pursuant to paragraph (1) of this subsection;
(3) By resolution, to authorize the utilization by local governments within such spe cial districts of the above-enumerated funding mechanisms to assist in funding those portions of regional land public transportation systems which lie within and provide service to the territory of such local governments within special districts; and

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(4) By resolution, to contract with local governments within such special districts for funding, planning services, and such other services as the authority may deem necessary and proper to assist such local governments in providing land public transportation services and instituting air quality control measures within the bounds of such special districts where the facilities for such purposes are located wholly within the jurisdiction of such local governments and such special districts or are the subject of contracts between or among such local governments, and where such services and measures are certified by the authority to be consistent with the designated metropolitan planning organizations' regional plans, where applicable.
(c) The provisions of local government services and the utilization of funding mecha nisms therefor consistent with the terms of this chapter shall not be subject to the provisions of Chapter 70 of Title 36; provided, however, that the authority shall, where practicable, provide for coordination and consistency between the provision of such services pursuant to the terms of this chapter and the provision of such services pursuant to Chapter 70 of Title 36.

50-32-12.
Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Con stitution of this state, there are created within this state 159 special districts. One such district shall exist within the geographic boundaries of each county, and the ter ritory of each district shall include all of the territory within its respective county. Any special district within a county within the geographic area over which the author ity has jurisdiction shall be deemed activated for purposes of this chapter.

50-32-13.
(a) The Governor may delegate to the authority, by executive order, his or her powers under applicable federal transportation planning and air quality laws and regulations, including without limitation the power to resolve revision disputes between metropoli tan planning organizations and the Department of Transportation under 40 C.F.R. Section 93.105, the power to approve land transportation improvement programs under 23 U.S.C. Section 134 and 23 C.F.R. Sections 450.312(b), 450.324(b), and 450.328(a), and the power of approval and responsibilities for public involvement under 23 C.F.R. Section 450.216(a).
(b) In exercising the authority's delegated powers concerning proposed regional land transportation plans and transportation improvement programs prepared by metropol itan planning organizations wholly or partly within the geographic area over which the authority has jurisdiction or by the Department of Transportation:
(1) Regional land transportation plans and transportation improvement programs subject to the authority's delegated review powers shall be approved by the affirma tive vote of two-thirds of the authorized membership of the board to a motion made for that purpose;
(2) The authority may request modification of such a plan or program and approve such proposal for modification of a plan or program by the affirmative vote of two-thirds of the authorized membership of the board to a motion made for that purpose;
(3) The board may set a date certain as a deadline for submission of any such plan or program to the authority for review; and

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(4) If any such plan or program is not timely submitted for review in compliance with a deadline set by the board, the authority may exercise its delegated power to disapprove such plan or program upon the affirmative vote of two-thirds of the au thorized membership of the board to a motion made for that purpose;
provided, however, that where one or more vacancies exist on the board and the board is not otherwise prohibited from entertaining a motion requiring such a supermajority, such motion shall carry on the affirmative vote of two-thirds of the members present. On any motion requiring a supermajority for passage, any abstention not authorized as provided in this chapter shall be deemed an affirmative vote for purposes of pas sage or failure of such motion.

(c) The authority shall formulate measurable targets for air quality improvements and standards within the geographic area over which the authority has jurisdiction pursu ant to this chapter, and annually shall report such targets to the Governor, together with an assessment of progress toward achieving such targets and projected measures and timetables for achieving such targets.
50-32-14.

In any case where a development of regional impact, as determined by Department of Community Affairs pursuant to Article 1 of Chapter 8 of this title, is planned within the geographic area over which the authority has jurisdiction which requires the ex penditure of state or federal funds by the state or any political subdivision, agency, authority, or instrumentality thereof to create land transportation services or access to such development, any expenditure of such funds shall be prohibited unless and until the plan for such development and such expenditures is reviewed and approved by the authority. The decision of the authority to allow or disallow the expenditure of such funds shall be final and nonreviewable, except that such decision shall be reversed where a resolution for such purpose is passed by vote of three-fourths of the author ized membership of the county commission of the county in which the development of regional impact is planned or, if such development is within a municipality, by vote of three-fourths of the authorized membership of the city council. Such a vote shall not constitute noncooperation with the authority for purposes of Code Section 50-32-53.
50-32-15.

(a) In furtherance of the purposes of the authority, no project of the Georgia Rail Pas senger Authority created by Article 9 of Chapter 9 of Title 46 which is located wholly or partly within the geographic area over which the authority has jurisdiction shall be commenced after the effective date of this chapter unless such project is approved by the affirmative vote of two-thirds of the authorized membership of the board of direc tors of the authority pursuant to a motion made for that purpose; provided, however, that where such project is an approved transportation control measure pursuant to an approved state implementation plan, such project may proceed consistent with applica ble federal law and regulation.

(b) From time to time, by the affirmative vote of two-thirds of the authorized member ship of the board of directors of the authority, the authority may direct the Georgia Environmental Facilities Authority to issue revenue bonds, bonds, notes, loans, credit agreements, or other obligations or facilities to finance, in whole or in part, any pro ject or the cost of any project of the authority wholly or partly within the geographic area over which the authority has jurisdiction, by means of a loan, extension of credit, or grant from the Georgia Environmental Facilities Authority to the authority, on such terms or conditions as shall be concluded between the two authorities.

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(c) The Georgia Environmental Facilities Authority shall be subordinate to the author ity in all respects, with respect to authority projects, within the geographic area over which the authority has jurisdiction; and, in the event of any conflict with the provi sions of Chapter 23 of this title, the provisions of this chapter shall prevail in all re spects. It is expressly provided, however, that nothing in this Code section and noth ing in this chapter shall be construed to permit in any manner the alteration, elimination, or impairment of any term, provision, covenant, or obligation imposed on any state authority, including but not limited to the Georgia Environmental Facilities Authority, the State Toll Road Authority, the Georgia Regional Transportation Author ity, or the Georgia Rail Passenger Authority for the benefit of any owner or holder of any bond, note, or other obligation of any such authority.
50-32-16.

Notwithstanding any provision of law to the contrary, funds appropriated to or other wise obtained by the Department of Transportation pursuant to Article III, Section IX, Paragraph VI(b) of the Constitution of this state and paragraphs (2) and (7) of subsec tion (a) of Code Section 32-2-2 shall not be utilized for designation, improvement, or construction of any land public transportation system or any part of the state highway system lying within the boundaries of a county whose special district created pursuant to this chapter has been activated pursuant to the provisions of this chapter, unless such designation, improvement, or construction is safety related or has been conducted by or through, or approved by, the authority, or such funds are within categories ap plicable to state-wide inspection or improvement required for compliance with federal law or regulation.
50-32-17.
(a) After the adoption by the authority of a resolution declaring that the acquisition of the real property described therein is necessary for the purposes of this chapter, the authority may exercise the power of eminent domain in the manner provided in Title 22; or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of such power; provided, however, that the provisions of Article 7 of Chapter 16 of this title shall not be applicable to the exercise of the power of eminent domain by the authority. Property already devoted to public use may be acquired, except that no real property belonging to the state other than property acquired by or for the purposes of the Department of Transportation may be acquired without the consent of the state.
(b) Real property acquired by the authority in any manner for the purposes of this chapter shall not be subject to the exercise of eminent domain by any state depart ment, division, board, bureau, commission, authority, or other agency or instrumental ity of the executive branch of state government, or by any political subdivision of the state or any agency, authority, or instrumentality thereof, without the consent of the authority.
50-32-18.
The authority shall have all rights afforded the state by virtue of the Constitution of the United States, and nothing in this chapter shall be construed to remove any such rights.
50-32-19.
Neither the members of the authority nor any officer or employee of the authority act ing on behalf thereof, while acting within the scope of his or her authority, shall be subject to any liability resulting from:

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(1) The construction, ownership, maintenance, or operation of any project financed with the assistance of the authority;

(2) The construction, ownership, maintenance, or operation of any project, facility, or undertaking authorized by the authority and owned by a local government; or

(3) Carrying out any of the powers expressly given in this chapter, 50-32-20.

(a) Upon request of the board of the authority, the Department of Transportation and the Department of Natural Resources shall provide to the authority and its authorized personnel and agents access to all books, records, and other information resources available to those departments which are not of a commercial proprietary nature, and shall assist the authority in identifying and locating such information resources. Reim bursement for costs of identification, location, transfer, or reproduction of such infor mation resources, including personnel costs incurred by the respective departments for such purposes, shall be made by the authority to those respective departments.

(b) The authority may request from time to time, and the Department of Transporta tion and the Department of Natural Resources shall provide as permissible under the Constitution and laws of this state, the assistance of personnel and the use of facili ties, vehicles, aircraft, and equipment of those departments, and reimbursement for all costs and salaries thereby incurred by the respective departments shall be made by the authority to those respective departments.

50-32-30.

ARTICLE 3

In accomplishing its purposes pursuant to the provisions of this chapter, the authority may utilize, unless otherwise prohibited by law, any combination of the following funding resources:

(1) Revenue bonds as authorized by this chapter;

(2) Guaranteed revenue bonds as authorized by this chapter;

(3) Funds obtained in a special district created and activated pursuant to this chap ter, for the purposes of providing local land transportation and air quality services within such district or, by contract with, between, and among local governments within such special districts, throughout such districts;

(4) Moneys borrowed by the authority pursuant to the provisions of this chapter;

(5) Such federal funds as may from time to time be made available to the authority or for purposes coincident with the purposes of the authority within the territory over which the authority has jurisdiction; and

(6) Such grants or contributions from persons, firms, corporations, or other entities as the authority may receive from time to time.
50-32-31.

(a)(l) The authority shall have the power and is authorized at one time or from time to time to provide by one or more authorizing resolutions for the issuance of revenue bonds, but the authority shall not have the power to incur indebtedness under this chapter in excess of the cumulative principal sum of $1 billion but ex cluding from such limit bonds issued for the purpose of refunding bonds which have

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been previously issued. The authority shall have the power to issue such revenue bonds and the proceeds thereof for the purpose of paying all or part of the costs of any project or undertaking which is for the purpose of exercising the powers dele gated to it by this chapter, and the construction and provision of such installations and facilities as the authority may from time to time deem advisable to construct or contract for those purposes, as such undertakings and facilities shall be designated in the resolution of the board of directors authorizing the issuance of such bonds.
(2) The revenue bonds and the interest payable thereon shall be exempt from all taxation within the state imposed by the state or any county, municipal corporation, or other political subdivision of the state.
(b) In addition, the authority shall have the power and is authorized to issue bonds in such principal amounts as the authority deems appropriate, such bonds to be prima rily secured by a pool of obligations issued by local governments when the proceeds of the local government obligations are applied to projects of the authority.
(c) The authority shall have the power from time to time to refund any bonds by the issuance of new bonds whether the bonds to be refunded have or have not matured and may issue bonds partly to refund bonds then outstanding and partly for any other corporate purpose.
(d) Bonds issued by the authority may be general or limited obligations payable solely out of particular revenues or other moneys of the authority as may be designated in the proceedings of the authority under which the bonds shall be authorized to be is sued, subject to any agreements entered into between the authority and state agen cies, local government, or private parties and subject to any agreements with the own ers of outstanding bonds pledging any particular revenues or moneys.
(e)(l) The authority is authorized to obtain from any department, agency, or corpo ration of the United States of America or governmental insurer, including the state, any insurance or guaranty, to the extent now or hereafter available, as to or for the payment or repayment of interest or principal, or both, or any part thereof on any bonds or notes issued by the authority or on any obligations of federal, state, or lo cal governments purchased or held by the authority; and to enter into any agree ment or contract with respect to any such insurance or guaranty, except to the ex tent that the same would in any way impair or interfere with the ability of the authority to perform and fulfill the terms of any agreement made with the owners of the bonds or notes of the authority.
(2) Bonds issued by the authority shall be authorized by resolution of the authority, be in such denominations, bear such date or dates, and mature at such time or times as the authority determines to be appropriate, except that bonds and any re newal thereof shall mature within 25 years of the date of their original issuance. Such bonds shall be subject to such terms of redemption, bear interest at such rate or rates payable at such times, be in registered form or book-entry form through a securities depository, or both, as to principal or interest or both principal and inter est, carry such registration privileges, be executed in such manner, be payable in such medium of payment at such place or places, and be subject to such terms and conditions as such resolution of the authority may provide. Bonds may be sold at public or private sale for such price or prices as the authority shall determine.
(3) Any resolution or resolutions authorizing bonds or any issue of bonds may con tain provisions which may be a part of the contract with the owners of the bonds thereby authorized as to:

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(A) Pledging all or part of its revenues, together with any other moneys, securi ties, contracts, or property, to secure the payment of the bonds, subject to such agreements with bond owners as may then exist;
(B) Setting aside of reserves and the creation of sinking funds and the regulation and disposition thereof;
(C) Limiting the purpose to which the proceeds from the sale of bonds may be applied;
(D) Limiting the right of the authority to restrict and regulate the use of any pro ject or part thereof in connection with which bonds are issued;
(E) Limiting the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding or other bonds;
(F) Setting the procedure, if any, by which the terms of any contract with bond owners may be amended or abrogated, including the proportion of bond owners which must consent thereto and the manner in which such consent may be given;
(G) Creating special funds into which any revenues or other moneys may be deposited;
(H) Setting the terms and provisions of any trust, deed, or indenture or other agreement under which the bonds may be issued;
(I) Vesting in a trustee or trustees such properties, rights, powers, and duties in trust as the authority may determine;
(J) Defining the acts or omissions to act which may constitute a default in the ob ligations and duties of the authority to the bond owners and providing for the rights and remedies of the bond owners in the event of such default, including as a matter of right the appointment of a receiver; provided, however, that such rights and remedies shall not be inconsistent with the general laws of the state and other provisions of this chapter;
(K) Limiting the power of the authority to sell or otherwise dispose of any envi ronmental facility or any part thereof or other property, including municipal bonds held by it;
(L) Limiting the amount of revenues and, other moneys to be expended for operat ing, administrative, or other expenses of the authority;
(M) Providing for the payment of the proceeds of bonds, obligations, revenues, and other moneys to a trustee or other depository and for the method of disbursement thereof with such safeguards and restrictions as the authority may determine; and
(N) Establishing any other matters of like or different character which in any way affect the security for the bonds or the rights and remedies of bond owners.
(4) In addition to the powers conferred upon the authority to secure its bonds, the authority shall have power in connection with the issuance of bonds to enter into such agreements as the authority may deem necessary, consistent, or desirable con cerning the use or disposition of its revenues or other moneys or property, including the mortgaging of any property and the entrusting, pledging, or creation of any other security interest in any such revenues, moneys, or property and the doing of any act, including refraining from doing any act, which the authority would have the right to do in the absence of such agreements. The authority shall have power to enter into amendments of any such agreements within the powers granted to the authority by this chapter and to perform such agreements. The provisions of any such agreements may be made a part of the contract with the owners of bonds of the authority.

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(5) Any pledge of or other security interest in revenues, moneys, accounts, contract rights, general intangibles, or other personal property made or created by the au thority shall be valid, binding, and perfected from the time when such pledge is made or other security interest attaches without any physical delivery of the collat eral or further act, and the lien of any such pledge or other security interest shall be valid, binding, and perfected against all parties having claims of any kind in tort, contract, or otherwise against the authority irrespective of whether or not such par ties have notice thereof. No instrument by which such a pledge or security interest is created nor any financing statement need be recorded or filed.
(6) All bonds issued by the authority shall be executed in the name of the authority by the chairperson and secretary of the authority and shall be sealed with the offi cial seal or a facsimile thereof. The facsimile signature of the chairperson and the secretary of the authority may be imprinted in lieu of the manual signature if the authority so directs. Bonds bearing the manual or facsimile signature of a person in office at the time such signature was signed or imprinted shall be fully valid, not withstanding the fact that before or after delivery thereof such person ceased to hold such office.
(7) Prior to the preparation of definitive bonds, the authority may issue interim re ceipts, interim certificates, or temporary bonds exchangeable for definitive bonds upon the issuance of the latter; the authority may provide for the replacement of any bond which shall become mutilated or be destroyed or lost.
(8) All bonds issued by the authority under this chapter may be executed, con firmed, and validated under and in accordance with Article 3 of Chapter 82 of Title 36, except as otherwise provided in this chapter.
(9) The venue for all bond validation proceedings pursuant to this chapter shall be Fulton County, and the Superior Court of Fulton County shall have exclusive final court jurisdiction over such proceedings.
(10) Bonds issued by the authority shall have a certificate of validation bearing the facsimile signature of the clerk of the Superior Court of Fulton County and shall state the date on which said bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court of this state.
(11) The authority shall reimburse the district attorney for his or her actual costs, if any, associated with the bond validation proceedings. The fees payable to the clerk of the Superior Court of Fulton County for validation shall be as follows for each bond, regardless of the denomination of such bond:
(A) Fifty cents each for the first 100 bonds;
(B) Twenty-five cents each for the next 400 bonds; and
(C) Ten cents for each such bond over 500.
(12) Whether or not the bonds of the authority are of such form and character as to be negotiable instruments, the bonds are made negotiable instruments within the meaning of and for all the purposes of Georgia law subject only to the provisions of the bonds for registration.
(13) Neither the members of the authority nor any person executing bonds shall be liable personally thereon or be subject to any personal liability or accountability solely by reason of the issuance thereof.

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(14) The authority, subject to such agreements with bond owners as then may exist, shall have power out of any moneys available therefor to purchase bonds of the au thority, which shall thereupon be canceled, at a price not in excess of the following:

(A) If the bonds are then redeemable, the redemption price then applicable plus accrued interest to the next interest payment date; or

(B) If the bonds are not then redeemable, the redemption price applicable on the first date after such purchase upon which the bonds become subject to redemp tion, plus accrued interest to the next interest payment date.
(15) In lieu of specifying the rate or rates of interest which bonds to be issued by an authority are to bear, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which rate may be fixed or may fluctuate or otherwise change from time to time, specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which rate may be fixed or may fluctuate or other wise change from time to time, so specified; provided, however, that nothing in this Code section shall be construed as prohibiting or restricting the right of the author ity to sell such bonds at a discount, even if in doing so the effective interest cost re sulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint.

50-32-32.
(a) The authority shall have the power and is authorized to issue $1 billion in guaran teed revenue bonds, under the terms and conditions set forth in this chapter, pursuant to the provisions of Article 2 of Chapter 17 of this title, which bonds shall constitute guaranteed revenue debt under Article VII, Section IV, Paragraph III of the Constitu tion of this state. The General Assembly hereby finds and determines that such issue will be self-liquidating over the life of the issue, and declares its intent to appropriate an amount equal to the highest annual debt service requirements for such issue. The proceeds of such issue may be utilized to finance land public transportation facilities or systems.
(b) The guaranteed revenue bonds and the interest payable thereon shall be exempt from all taxation within the state imposed by the state or any county, municipal cor poration, or other political subdivision of the state.

50-32-33.
The bonds of the authority are made securities in which all public officials and bodies of the state and all municipalities, all insurance companies and associations, and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, in vestment companies and other persons carrying on a banking business, and adminis trators, 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 may be received by all public officers and bodies of this state and all municipalities for any purposes for which the deposit of bonds or other obligations of this state are now or hereafter may be authorized.

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50-32-34.
The State of Georgia does pledge to and agree with the owners of any bonds issued by the authority pursuant to this chapter that the state will not alter or limit the rights vested in the authority to fulfill the terms of any agreement made with or for the ben efit of the owners of bonds or in any way impair the rights and remedies of bond own ers until the bonds, together with the interest thereon, with interest on any unpaid in stallments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such owners, are fully met and discharged or funds for the payment of such are fully provided. The authority is authorized to include this pledge and agreement of the state in any agreement with bond owners.
50-32-35.
The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under Chapter 5 of Title 10, known as the 'Georgia Securi ties Act of 1973." No notice, proceeding, or publication except those required in this chapter shall be necessary to the performance of any act authorized in this chapter; nor shall any such act be subject to referendum.
50-32-36.
No bonds, notes, or other obligations of and no indebtedness incurred by the authority, other than guaranteed revenue bonds, shall constitute an indebtedness or obligation or a pledge of the faith and credit of the State of Georgia or of its agencies; nor shall any act of the authority in any manner constitute or result in the creation of an indebted ness of the state or its agencies or a cause of action against the state or its agencies; provided, however, the state, to the extent permitted by its Constitution, may guaran tee payment of such bonds, notes, or other obligations as guaranteed revenue debt.
50-32-37.
It is found, determined, and declared that the creation of this authority and the carry ing out of its corporate purposes is in all respects for the benefit of the people of the state and that the authority is an institution of purely public charity and will be per forming an essential governmental function in the exercise of the power conferred upon it by this chapter. For such reasons the state covenants with the owners from time to time of the bonds, notes, and other obligations issued under this chapter that the authority shall not be required to pay any taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others, or upon its activities in the opera tion or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or oth erwise, and that the bonds, notes, and other obligations of the authority, their trans fer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption provided in this chapter shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority.
50-32-38.
The issuance of any bond, revenue bond, note, or other obligation or incurring of debt, public or otherwise, by the authority must be approved by the commission established by Article VII, Section IV, Paragraph VII of the Constitution of the State of Georgia of 1983 or its successor.
50-32-39.
No bonded indebtedness of any kind shall be incurred by the authority or on behalf of the authority by the Georgia Environmental Facilities Authority at any time when the highest aggregate annual debt service requirements of the state for the then current

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fiscal year or any subsequent fiscal year for outstanding general obligation debt and guaranteed revenue debt, including the proposed debt and treating it as state general obligation debt or guaranteed revenue debt for purposes of calculating debt limitations under this Code section, and the highest aggregate annual payments for the then cur rent fiscal year or any subsequent fiscal year of the state under all contracts then in force to which the provisions of the second paragraph of Article DC, Section VI, Para graph I(a) of the Constitution of 1976 are applicable, exceed 7.5 percent of the total revenue receipts, less refunds of the state treasury in the fiscal year immediately pre ceding the fiscal year in which any such debt is to be incurred.

50-32-50.

ARTICLE 4

(a) Any local government which is within the geographic area over which the author ity has jurisdiction or which is within any county for which a special district has been otherwise activated pursuant to this chapter may provide, subject to the authoriza tion of the authority as provided for in this chapter, within the territorial limits of the special district authorized by this chapter local government services consisting of land public transportation and air quality control, consistent with the terms of any author izing resolution of the authority and, further, consistent with the regional plan or plans approved by the authority pursuant to its delegated powers if such plans are ap plicable to such local government's territory. In providing such local services in such special district pursuant to the provisions of this chapter, the local government shall utilize one or more of the funding mechanisms enumerated in Article DC, Section II, Paragraph VI of the Constitution of this state for the purpose of funding, in whole or in part, only the local government services authorized by this chapter, and such ser vices may be provided, in whole or in part, pursuant to a contract between one or more local governments within a special district activated pursuant to this chapter.

(b) Projects and facilities for the provision of local government services through spe cial districts authorized by this chapter shall be planned by the authority consistent with approved regional plans, where applicable, and may be designed, constructed, managed, operated, and funded by the authority in whole or in part.
50-32-51.

(a) For the purposes of this Code section, the term 'lease agreement' shall mean and include a lease, operating lease rental agreement, usufruct, sale and lease back, or any other lease agreement having a term of not more than 50 years and concerning real, personal, or mixed property, any right, title, or interest therein by and between the state, the authority, a local government, or any combination thereof.

(b) A local government by resolution of its governing body may enter into a lease agreement for the provision of land public transportation or air quality services utiliz ing facilities owned by the authority upon such terms and conditions as the authority shall determine to be reasonable including, but not limited to, the reimbursement of all costs of construction and financing and claims arising therefrom.

(c) No lease agreement shall be deemed to be a contract subject to any law requiring that a contract shall be let only after receipt of competitive bids.

(d) Any lease agreement may provide for the construction of such land public trans portation or air quality facility by the local government as agent for the authority. In such event, all contracts for such construction shall be let by such local government in accordance with the provisions of law otherwise applicable to the letting of such con tracts by such local government and with the provisions of state law pertaining to pre-

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vailing wages, labor standards, and working hours. Any such lease agreement may contain provisions by which such local government shall indemnify the authority against any and all damages resulting from acts or omissions to act on the part of such local government or its officers, agents, or employees in constructing such facility or facilities, in letting any contracts in connection therewith, or in operating and maintaining the same.
(e) Any lease agreement executed by the authority directly with any local government may provide at the termination thereof that title to the land public transportation or air quality facility project shall vest in the local government or its successor in inter est, if any, free and clear of any liens or encumbrances created in connection with any contract or bonds, revenue bonds, notes, or other obligations involving the authority.
(f) Any lease agreement directly between the state or authority and a local govern ment may contain provisions requiring the local government to perform any or all of the following:
(1) In the case of a land public transportation facility, to establish and collect rates, fees, and charges so as to produce revenues sufficient to pay all or a specified por tion of:
(A) The costs of operation, maintenance, renewal, replacement, and repairs of the land public transportation facility of such local government; and
(B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the purposes of such land public transportation facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such lease agreement, including amounts for the creation and maintenance of any re quired reserves;
(2) In the case of an air quality facility, to establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of:
(A) The costs of operation, maintenance, renewal, and repairs of the air quality facility of such local government; and
(B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the purposes of such air quality facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such lease agreement, including amounts for the creation and maintenance of any required reserves;
(3) To create and maintain reasonable reserves or other special funds;
(4) To create and maintain a special fund or funds as additional security for the punctual payment of any rentals due under such lease agreement and for the de posit therein of such revenues as shall be sufficient to pay said lease rentals and any other amounts becoming due under such lease agreements as the same shall be come due and payable; or
(5) To perform such other acts and take such other action as may be deemed neces sary and desirable by the authority to secure the complete and punctual perform ance by such local government of such lease agreements and to provide for the rem edies of the authority in the event of a default by such local government in such payment.
50-32-52.
(a) The authority may make grants or loans to a local government to pay all or any part of the cost of a project. In the event the local government agrees to accept such grants or loans, the authority may require the local government to issue bonds or rev-

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enue bonds as evidence of such grants or loans. The authority and a local government may enter into such loan commitments and option agreements as may be determined appropriate by the authority.
(b) The authority may require as a condition of any grant or loan to a local govern ment that such local government shall perform any or all of the following:
(1) In the case of grants or loans for a land public transportation or air quality facil ity, establish and collect rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of:
(A) Costs of operation, maintenance, replacement, renewal, and repairs; and
(B) Outstanding indebtedness incurred for the purposes of such facility, including the principal of and interest on the bonds, revenue bonds, notes, or other obliga tions issued by the local government, as the same shall become due and payable, and to create and maintain any required reserves;
(2) In the case of loans for an air quality facility, establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified por tion of:
(A) Costs of operation, maintenance, renewal, replacement, and repairs of the air quality facility of such local government; and
(B) Outstanding indebtedness incurred for the purposes of such air quality facil ity, including the principal of and interest on the bonds, revenue bonds, notes, or other obligations issued by the local government, as the same shall become due and payable, and to create and maintain any required reserves;
(3) Create and maintain a special fund or funds, as additional security for the pay ment of the principal of such revenue bonds and the interest thereon and any other amounts becoming due under any agreement, entered into in connection therewith and for the deposit therein of such revenues as shall be sufficient to make such pay ment as the same shall become due and payable;
(4) Create and maintain such other special funds as may be required by the author ity; and
(5) Perform such other acts, including the conveyance of real and personal property together with all right, title, or interest therein to the authority, or take other ac tions as may be deemed necessary or desirable by the authority to secure the pay ment of the principal of and interest on such bonds, revenue bonds, notes, or other obligations and to provide for the remedies of the authority in the event of any de fault by such local government in such payment.
(c) All local governments issuing and selling bonds, revenue bonds, notes, or other ob ligations to the authority are authorized to perform such acts, take such action, adopt such proceedings, and to make and carry out such contracts with the authority as may be contemplated by this chapter.
(d) In connection with the making of any loan authorized by this chapter, the author ity may fix and collect such fees and charges including, but not limited to, reimburse ment of all costs of financing by the authority, as the authority shall determine to be reasonable. Neither the Public Service Commission nor any local government or state agency shall have jurisdiction over the authority's power over the regulation of such fees or charges.

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50-32-53.
(a) No local government which, upon the activation of a special district created by this chapter, fails or refuses to plan, coordinate, and implement local government services in such special district as provided for in this chapter and authorized pursuant to a resolution of the authority shall be eligible for any state grant of any kind whatsoever except such grants as may be related directly to the physical and mental health, edu cation, and police protection of its residents, nor shall any funds appropriated to or otherwise obtained by the Department of Transportation pursuant to Article III, Sec tion DC, Paragraph VI(b) of the Constitution of this state and paragraphs (2) and (7) of subsection (a) of Code Section 32-2-2 be utilized for designation, improvement, fund ing, or construction of any land public transportation system or any part of the state highway system lying within the boundaries of such local government's jurisdiction, or for the nonsafety related maintenance of any land public transportation system, high way, road, or bridge operating or located within such local government's jurisdictional boundaries, nor shall such local government be permitted to receive federal grants or funds for any such purpose, unless such funds are within categories applicable to state-wide inspection or improvement required for compliance with federal law or regulation.
(b) By resolution, the authority may restore eligibility for funding and receipt of grants denied pursuant to the provisions of subsection (a) of this Code section where such local government demonstrates to the satisfaction of the authority that it is tak ing or shall take appropriate action to cooperate with the authority.

50-32-54.
(a) In the event of a failure of any local government to collect and remit in full all amounts due to the authority and all amounts due to others, which involve the credit or guarantee of the authority or of the state, on the date such amounts are due under the terms of any bond, revenue bond, note, or other obligation of the local government, it shall be the duty of the authority to notify the director of the Office of Treasury and Fiscal Services who shall withhold all funds of the state and all funds administered by the state, its agencies, boards, and instrumentalities allotted to such local government until such local government has collected and remitted in full all sums due and cured or remedied all defaults on any such bond, revenue bond, note, or other obligation.
(b) Nothing contained in this Code section shall mandate the withholding of funds al located to a local government which would violate contracts to which the state is a party, the requirements of federal law imposed on the state, or judgments of any court binding the state.
ARTICLE 5

50-32-60.
The prohibition of expenditures or withholding of funds for public road or other public transportation purposes by the authority pursuant to any provision of this chapter shall not alter the Department of Transportation's budgeted allocation of state or fed eral funds among congressional districts pursuant to Code Sections 32-5-2 and 32-5-21.
ARTICLE 6

50-32-70.
This chapter, being for the welfare of this state and its inhabitants, shall be liberally construed to effect the purposes specified in this chapter."

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SECTION 8.
Said title is further amended by striking paragraph (12) of Code Section 50-23-4, relat ing to definitions relative to the Georgia Environmental Facilities Authority, and in serting in its place a new paragraph (12) to read as follows:
"(12) 'Project' means the acquisition, construction, installation, modification, renova tion, repair, extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, in stallation, modification, renovation, repair, extension, renewal, replacement, rehabil itation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential pub lic purpose of providing environmental facilities and services to meet public health and environmental standards and to aid the development of trade, commerce, indus try, agriculture, and employment opportunities, or projects authorized by the Geor gia Regional Transportation Authority created by Chapter 32 of this title as defined in such chapter, where the authority has been directed to issue revenue bonds, bonds, notes, or other obligations to finance such project or the cost of a project in whole or in part, provided that the authority's power with respect to such projects authorized by the Georgia Regional Transportation Authority shall be limited to pro viding such financing and related matters as authorized by the Georgia Regional Transportation Authority."
SECTION 9.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, with respect to the appointment of the membership of the board. In all other respects, this Act shall become effective 30 days after its approval by the Governor or its becoming law without such approval.
SECTION 10.
All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and withdrawn:
Representative Williams of the 83rd moves to amend the Committee substitute to SB 57 as follows:
Page 3 line 6 after "funds" insert
", other than maintenance funds,"
Page 4 line 28 after "expenditures" insert
", other than maintenance funds,".
The following amendment was read:
Representative Stancil of the 16th moves to amend the Committee substitute to SB 57 as follows:
Page 15, line 5 after word "membership", add:
"Any person appointed to serve as a member of said board shall be a resident of the state during his or her term of office, and the Governor shall replace any member who, after appointment, ceases to be a resident of this state."

THURSDAY, MARCH 4, 1999

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

N Alien
N Anderson
N Ashe
N Bailey Y Bannister N Barnard N Barnes N Benefield N Birdsong
Y Bohannon Y Bordeaux N Borders Y Bridges
N Brooks Y Brown N Buck N Buckner N Bulloch Y Bunn Y Burkhalter
N Byrd
N Callaway N Campbell Y Cash N Channell N Childers
Y Clark
Y Coan
Coleman, B N Coleman, T N Connell
Y Cooper N Cox Y Crawford N Cummings Y Davis, M

N Davis, T
Y Day N Dean N DeLoach, B Y DeLoach, G Y Dix N Dixon
N Dodson
N Dukes
Y Ehrhart N Epps Y Evans N Everett
Felton N Floyd Y Franklin
Y Golick
Y Graves
N Greene
Y Grindley Y Hammontree N Hanner Y Harbin N Harrell
N Heard N Heckstall N Hegstrom N Hembree
Henson
N Holland
N Holmes
Houston
N Howard Y Hudgens N Hudson, H
N Hudson, N

N Hugley Y Irvin Y Jackson, B
N Jackson, L
N James
N Jamieson
N Jenkins Y Jennings N Jones Y Joyce Y Kaye
N Lane Y Lewis N Lord N Lucas
N Maddox Y Mann Y Manning N Martin, J
Y Martin, J.L
N Massey
N McBee
N McCall Y McClinton
McKinney Y Millar Y Mills
N Mobley N Morris N Mosley Y Mueller N CWea!
N Orrock
N Parham N Parrish N Parsons

N Pelote Y Pinholster N Poag
E Ponder
N Porter N Powell N Purcell N Ragas N Randall N Ray N Reaves N Reece N Reed Y Reese N Reichert N Rice Y Richardson N Roberts N Rogers
Royal Y Sanders N Sauder Y Scarlett E Scheid N Scott N Shanahan
N Shaw
N Shipp
N Sholar N Sims N Sinkfield N Skipper Y Smith, B 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 N Snelling N Snow N Squires N Stallings Y Stancil N Stanley, P N Stanley-Turner Y Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman Y Tolbert N Trense N Turnquest N Twiggs N Unterman N Walker, L
Y Walker, R.L
N Watson Y West Y Westmoreland N Whitaker Y Wiles Y Williams, J N Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 56, nays 115.

The amendment was lost.

The following amendment was read:

Representative Sanders of the 107th moves to amend the Committee substitute to SB 57 by inserting after "funds;" on line 6 of page 2 "to provide for limitations on exercise of certain powers by the authority;".
By inserting between lines 35 and 36 of page 49 the following: "50-32-61.

Any provision of this chapter to the contrary notwithstanding, the authority shall not exercise any power granted herein to commence any project or withhold or prohibit the expenditure of any state or federal funds at any time prior to July 1, 2001. For purposes of this Code section, the term 'commence' does not include planning for a project but does include implementation of a plan for a project.".

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

N Alien N Anderson N Ashe

N Bailey N Bannister N Barnard

N Barnes N Benefield N Birdsong

N Bohannon N Bordeaux N Borders

N Bridges N Brooks Y Brown

1256
N Buck N Buckner N Bulloch Y Bunn N Burkhalter N Byrd Y Callaway N Campbell N Cash N Channell N Childers Y Clark Y Coan N Coleman, B N Coleman, T N Connell N Cooper N Cox N Crawford N Cummings Y Davis, M N Davis, T N Day N Dean N DeLoach, B N DeLoach, G Y Dix N Dixon N Dodson N Dukes N Ehrhart N Epps N Evans

JOURNAL OF THE HOUSE

N Everett
Felton N Floyd Y Franklin N Golick N Graves N Greene N Grindley N Hammontree N Hanner N Harbin N Harrell N Heard N Heckstall N Hegstrom N Hembree
Henson N Holland N Holmes
Houston N Howard N Hudgens N Hudson, H N Hudson, N N Hugley N Irvin N Jackson, B N Jackson, L N James N Jamieson N Jenkins N Jennings N Jones

Y Joyce N Kaye N Lane N Lewis N Lord N Lucas N Maddox Y Mann N Manning N Martin, J N Martin, J.L N Massey N McBee N McCall N McCHnton
McKinney N Millar Y Mills N Mobley N Morris N Mosley
Mueller N O'Neal N Orrock N Parham N Parrish N Parsons N Pelote N Pinholster N Poag E Ponder N Porter N Powell

N Purcell N Ragas N Randall N Ray N Reaves N Reece N Reed Y Reese N Reichert N Rice N Richardson N Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett E Scheid
N Scott N Shanahan N Shaw N Shipp N Sholar N Sims N Sinkfield N Skipper N Smith, B N Smith, C N Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T

Y Smith, V N Smyrc N Snelling N Snow N Squires N Stallings N Stancil N Stanley, P N Stanley-Turner N Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Tolbert N Trense N Turnquest N Twiggs N Unterman N Walker, L
Y Walker, R.L
N Watson N West Y Westmoreland N Whitaker N Wiles N Williams, J N Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 17, nays 155.

The amendment was lost.

The following amendment was read:

Representative Irvin of the 45th et al. move to amend the Committee substitute to SB 57 by adding at the end of line 43 on page 48 the following:

"Notwithstanding the foregoing, absent other failings or refusals to plan, coordinate, and implement local government services in such special district, no failure of a local government to raise taxes shall trigger the applicability of this subsection if such local government has certified by a resolution passed by at least a three-fourths' majority of the governing body that a request of the authority would require an increase in taxes."

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

N Alien N Anderson N Ashe N Bailey Y Bannister Y Barnard N Barnes N Benefield N Birdsong N Bohannon N Bordeaux N Borders Y Bridges N Brooks Y Brown

N Buck N Buckner N Bulloch Y Bunn Y Burkhalter N Byrd Y Callaway N Campbell N Cash N Channell N Childers Y Clark Y Coan N Coleman, B N Coleman, T

N Connell Y Cooper N Cox Y Crawford N Cummings Y Davis, M
N Davis, T
Y Day N Dean Y DeLoach, B Y DeLoach, G Y Dix N Dixon N Dodson N Dukes

Y Ehrhart N Epps Y Evans
Y Everett
Felton N Floyd Y Franklin Y Golick N Graves N Greene Y Grindley Y Hammontree N Hanner
Y Harbin N Harrell

N Heard N Heckstall N Hegstrom N Hembree N Henson N Holland N Holmes
Houston N Howard
Y Hudgens N Hudson, H
N Hudson, N N Hugley
Y Irvin Y Jackson, B

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

THURSDAY, MARCH 4, 1999

1257

McKinney Y Millar Y Mills N Mobley N Morris N Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish N Parsons N Pelote Y Pinholster N Poag E Ponder N Porter N Powell N Purcell N Ragas N Randall

N Ray N Reaves N Reece N Reed
Y Reese N Reichert Y Rice Y Richardson N Roberts N Rogers N Royal N Sanders N Sauder Y Scarlett E Scheid N Scott N Shanahan N Shaw N Shipp N Sholar N Sims

N Sinkfield N Skipper
Y Smith, B
N Smith, C Y Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre
Y Snelling N Snow
N Squires N Stallings
Y Stancil
N Stanley, P
N Stanley-Turner N Stephens N Stokes N Stuckey

N Taylor N Teague N Teper N Tillman N Tolbert N Trense N Turnquest
Twiggs N Unterman
N Walker, L
Y Walker, R.L N Watson N West Y Westmoreland N Whitaker Y Wiles Y Williams, J N Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 50, nays 123.

The amendment was lost.

Representative Stephens of the 150th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following amendment was read:

Representative Smith of the 102nd, Brown of the 130th, Walker of the 87th, Yates of the 106th and Sanders of the 107th move to amend the Committee substitute to SB 57 by adding at the end of line 25 on page 16 the following:

"Any member appointed to the board pursuant to this paragraph shall reside within a county or self-contiguous group of counties the territory of which is being added to the jurisdiction of the authority pursuant to this paragraph.".

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

N Alien N Anderson N Ashe N Bailey N Bannister Y Barnard N Barnes N Benefield N Birdsong Y Bohannon
N Bordeaux
N Borders N Bridges N Brooks Y Brown N Buck N Buckner N Bulloch Y Bunn
N Burkhalter N Byrd Y Callaway N Campbell N Cash

N Channell
N Childers Y Clark Y Coan N Coleman, B N Coleman, T N Connell N Cooper
Y Cox
N Crawford N Cummmgs
Davis, M N Davis, T N Day N Dean Y DeLoach, B Y DeLoach, G Y Dix N Dixon N Dodson N Dukes N Ehrhart N Epps N Evans

N Everett
Felton
N Floyd
Y Franklin N Golick N Graves N Greene N Grindley Y Hammontree N Hanner N Harbin
N Harrell N Heard N Heckstall N Hegstrom N Hembree N Henson N Holland N Holmes
Houston N Howard Y Hudgens N Hudson, H N Hudson, N

N Hugley
N Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins N Jennings N Jones Y Joyce
Y Kaye
N Lane N Lewis N Lord
N Lucas N Maddox Y Mann
N Manning
N Martin, J N Martin, J.L N Massey
N McBee
N McCall
N McClinton

N McKinney
N Millar
Y Mills
N Mobley
N Morris N Mosley Y Mueller N O'Neal N Orrock
N Parham N Parrish N Parsons N Pelote
Pinholster N Poag E Ponder N Porter N Powell N Purcell N Ragas N Randall N Ray N Reaves N Reece

1258
N Reed Y Reese N Reichert N Rice N Richardson N Roberts Y Rogers N Royal Y Sanders N Sauder N Scarlett E Scheid

JOURNAL OF THE HOUSE

N Scott
N Shanahan N Shaw N Shipp
N Sholar N Sims N Sinkfield
N Skipper N Smith, B
N Smith, C Y Smith, C.W N Smith, L

N Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre N Snelling N Snow
N Squires N Stallings N Stancil N Stanley, P
N Stanley-Turner

N Stephens
N Stokes N Stuckey N Taylor N Teague
N Teper
N Tillman
N Tolbert N Trense N Turnquest N Twiggs N Unterman

N Walker, L Y Walker, R.L N Watson N West Y Westmoreland N Whitaker N Wiles N Williams, J N Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 28, nays 145.

The amendment was lost.

The following amendment was read:

Representative Millar of the 59th moves to amend the Committee substitute to SB 57 by inserting after "funds;" on line 6 of page 2 "to provide for a performance audit; to pro vide for automatic lapse of jurisdiction of the authority in certain circumstances;".
By inserting between lines 31 and 32 of page 16 the following:

"(c.l)(l) On or after July 1, 2003, and not later than December 31 of such year, the authority shall be audited for performance of its duties and functions so that the General Assembly may in regular session in 2004 utilize such information in deter mining whether all jurisdiction of the authority should lapse as provided by para graph (2) of this subsection. A majority of the Budgetary Responsibility Oversight Committee shall select an independent auditor for such purposes, and the auditor shall submit its completed report of the performance audit to such committee not later than December 31 in the year of the audit. The authority shall bear the cost of such audit. The committee shall have responsibility for oversight of its selected performance auditor for purposes of this paragraph, including without limitation en suring adherence to the report deadline. The committee shall provide copies of the completed report to the board of directors of the authority, the Governor, the Presi dent of the Senate, the Speaker of the House of Representatives, the state auditor, and all members of the General Assembly within 30 days after receipt of the such report. Such report shall be a public record and subject to the provisions of Article 4 of Chapter 18 of Title 50.

(2) The provisions of subsections (a), (b), and (c) of this Code section notwithstand ing and unless provided otherwise by Act of the General Assembly specifically amending or repealing this subsection, jurisdiction of the authority over any and all geographic areas shall lapse on July 1, 2004; and the authority shall not thereafter acquire any jurisdiction over any geographic area.".

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

N Alien N Anderson N Ashe
N Bailey Y Bannister N Barnard N Barnes
N Benefield
N Birdsong Y Bohannon N Bordeaux

N Borders Y Bridges N Brooks Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter N Byrd Y Callaway

Campbell Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell Cooper Cox

Y Crawford N Cummings Y Davis, M Y Davis, T Y Day N Dean N DeLoach, B N DeLoach, G Y Dix N Dixon N Dodson

Dukes Ehrhart Epps Evans Everett Felton Floyd Franklin Golick Graves Greene

Y Grindley
y Hammontree
N Hanner
Y Harbin
Y Harrell N Heard N Heckstall N Hegstrom N Hembree N Henson N Holland N Holmes
Houston N Howard
Y Hudgens
N Hudson, H N Hudson, N N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings

THURSDAY, MARCH 4, 1999

N Jones
Y Joyce Y Kaye N Lane N Lewis N Lord N Lucas N Maddox Y Mann Y Manning N Martin, J Y Martin, J.L N Massey N McBee N McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley Y Mueller N O'Neal N Orrock

N Parham N Parrish N Parsons Y Pelote Y Pinholster N Poag E Ponder N Porter N Powell N Purcell N Ragas N Eandall N Hay N Reaves N Reece N Reed Y Reese N Reichert N Rice Y Richardson N Roberts
N Rogers
N Royal
Y Sanders N Sauder

Y Scarlett
E Scheid N Scott N Shanahan N Shaw N Shipp N Sholar N Sims N Sinkfield N Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L Y Smith, L.R N Smith, P N Smith, T Y Smith, V
N Smyre
Y Snelling N Snow Y Squires N Stallings Y Stancil
N Stanley, P

1259
N Stanley-Turner Y Stephens Y Stokes N Stuckey N Taylor N Teague N Teper N Tillman Y Tolbert N Trense N Turnquest N Twiggs N Unterm an N Walker, L Y Walker, R.L N Watson N West Y Westmoreland N Whitaker Y Wiles Y Williams, J N Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 61, nays 114.

The amendment was lost.

The Committee substitute was adopted.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks N Brown Y Buck Y Buckner Y Bulloch
N Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers
N Clark
N Coan
Y Coleman, B Y Coleman, T

Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G N Dix
Y Dixon
Y Dodson Y Dukes Y Ehrhart Y Epps
N Evans Y Everett Y Felton Y Floyd N Franklin N Golick Y Graves Y Greene Y Grindley N Hammontree Y Hanner Y Harbin Y Harrell

Y Heard Y Heckstall
Y Hegstrom
Y Hembree
Y Henson
Y Holland Y Holmes
Houston
Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones N Joyce
Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox N Mann Y Manning

Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar N Mills
Y Mobley
Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons
Y Pelote Y Pinholster Y Poag E Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece

Y Reed N Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett E Scheid Y Scott Y Shanahan
Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snelling

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Y Snow
Y Squires Y Stallings N Stancil Y Stanley, P
Y Stanley-Turner

Y Stephens
Y Stokes Y Stuckey Y Taylor Y Teague Y Teper

Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs
Y Untennan

Y Walker, L Y Walker, R.L Y Watson Y West N Westmoreland Y Whitaker

Y Wiles N Williams, J Y Williams, R Y Wix N Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 157, nays 19.

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

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

By unanimous consent, SB 57 was ordered immediately transmitted to the Senate.
HB 616. By Representatives Cummings of the 27th and Shanahan of the 10th:
A bill to amend Chapter 20 of Title 47 of the Official Code of Georgia Anno tated, the "Public Retirement Systems Standards Law," so as to define cer tain terms; to amend the minimum funding standards applicable to public retirement standards to ensure compliance with federal law.

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

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

Alien Anderson Ashe Bailey Bannister Barnard Barnes Benefield Birdsong Bohannon Bordeaux Borders Bridges Brooks Brown Buck Buckner Bulloch Bunn Burkhalter Byrd
Y Callaway Y Campbell
Cash Channell
Childers Clark Coan Coleman, B Coleman, T
Connell Y Cooper Y Cox
Crawford
Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett
Felton Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane 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 Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock
Parham Y Parrish Y Parsons

Y Pelote Pinholster
Y Poag E Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow Squires Stallings Stancil Stanley, P Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper Tillman Tolbert Trense Turnquest Twiggs Untennan Walker, L Walker, R.L Watson West Westmoreland Whitaker Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

On the passage of the Bill, the ayes were 163, nays 1.

THURSDAY, MARCH 4, 1999

1261

The Bill, having received the requisite constitutional majority, was passed.
HB 597. By Representatives Hammontree of the 4th and Shanahan of the 10th:
A bill to amend Code Section 15-6-61 of the Official Code of Georgia Anno tated, relating to duties of clerks of superior courts, so as to require clerks of superior courts to maintain and make readily available to the public printed copies of the real estate grantor and grantee indices.

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

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

Y Alien Y Anderson Y Ashe Y Bailey
Bannister Barnard Y Barnes Y Benefield Y Birdsong E Bohannon Y Bordeaux Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes
Ehrhart Y Epps
Evans Y Everett
Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley
Hammontree
Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Houston Y Howard Y Hudgens
Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann
Manning Y Martin, J Y Martin, J.L Y Masse-
McBet McCall Y McClinton Y McKinney Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y OTSreal Y Orrock Y Parham Y Parrish Y Parsons

Pelote Pinholster Poag Ponder Porter Powell Purcell
Randall Ray Reaves
Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar
Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L

Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow
Squires Stallings
Stancil
Stanley, P Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper Tillman Tolbert Trense
Turnquest
Twiggs Unterman Walker, L Walker, R.L Watson West Westmoreland Whitaker Wiles Williams, J Williams, R Wix 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.
Due to a mechanical malfunction, the vote of Representatives Manning of the 32nd and Hammontree of the 4th were not recorded on the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 560. By Representatives Stokes of the 92nd, Martin of the 47th and Stuckey of
the 67th: A bill to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged medical information, so as to provide for legislative intent; to define certain terms; to limit the discov-

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JOURNAL OF THE HOUSE

ery and admissibility of raw data used in research in civil, criminal, and ad ministrative proceedings.
The following Committee substitute was read:

A BILL
To amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia An notated, relating to privileged medical information, so as to provide for legislative intent; to define certain terms; to limit the discovery and admissibility of raw data used in re search in civil, criminal, and administrative proceedings; to provide for the circum stances under which raw research data may be released, disclosed, subject to subpoena, otherwise discoverable, or deemed admissible as evidence in a judicial or quasi-judicial proceeding; to provide for immunity from liability; to provide for related matters; to pro vide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, re lating to privileged medical information, is amended by adding immediately following Code Section 24-9-40.1 a new Code section, to be designated as Code Section 24-9-40.2, to read as follows:
"24-9-40.2.
(a) The General Assembly finds and declares that protecting the confidentiality of re search data is essential to safeguarding the integrity of research in this state, guaran teeing the privacy of individuals who participate in research projects, and ensuring the continuation of research in science, medicine, and other fields that benefits the cit izens and institutions of Georgia and other states. The protection of such research data has more than local significance, is of equal importance to all citizens of the state, is of state-wide concern, and consequently is properly a matter for regulation under the police power of the state.
(b) As used in this Code section, the term:
(1) 'Confidential raw research data' means all information, including but not limited to medical information, interview responses, reports, statements, memoranda, or other data relating to the condition, treatment, or characteristics of any person which is gathered by or provided to a researcher in support of a research study ap proved by an appropriate research oversight committee of a hospital, health care fa cility, or educational institution. The term does not include published compilations of the raw research data created by the researcher or the researcher's published summaries, findings, analyses, or conclusions related to the research study.
(2) 'Research' means a process conducted with the objective to develop, study, or re port aggregate or anonymous information not intended to be used in any way in which the identity of an individual is material to the results.
(c) Confidential raw research data in a researcher's possession shall not be subject to subpoena, otherwise discoverable, or deemed admissible as evidence in any adminis trative, civil, criminal, or other judicial proceeding in any court except as otherwise provided in subsection (d) of this Code section.

THURSDAY, MARCH 4, 1999

1263

(d) Confidential raw research data may be released, disclosed, subject to subpoena, otherwise discoverable, or deemed admissible as evidence in a judicial or quasi-judicial proceeding as follows:
(1) Confidential raw research data related to a person may be disclosed to that per son or to another person on such person's behalf where the authority is otherwise specifically provided by law;
(2) Confidential raw research data related to a person may be disclosed to any per son or legal entity designated to receive that information when that designation is made in writing by the research participant or where a designation is made in writ ing by a person authorized by law to act for another;
(3) Confidential raw research data related to a person may be disclosed to any agency or department of the federal government, this state, or any political subdivi sion of this state if those data are required by law or regulation to be reported to that agency or department;
(4) Confidential raw research data may be disclosed to a research sponsor, as well as to persons selected to perform peer review on the research, for the purpose of re viewing the researcher's study methodology, summaries, findings, analyses, or con clusions; provided, however, that the identity of any research participant shall not be disclosed;
(5) Confidential raw research data may be disclosed in any proceeding in which a party was a participant, researcher, or sponsor in the underlying research study, in cluding but not limited to any judicial or quasi-judicial proceeding in which a re search participant places his or her care, treatment, injuries, insurance coverage, or benefit plan coverage at issue; provided, however, that the identity of any research participant other than the party to the judicial or quasi-judicial proceeding shall not be disclosed;
(6) Confidential raw research data may be disclosed in any proceeding in which the researcher has either volunteered to testify or has been hired to testify as an expert by one of the parties to the proceeding; provided, however, that the identity of any research participant shall not be disclosed; and
(7) In a criminal proceeding, the court shall (A) order the production of confidential raw research data if the data are relevant to any issue in the proceeding and impose appropriate safeguards against unauthorized disclosure of the data and (B) admit confidential raw research data into evidence if the data are material to the defense.
(e) Any disclosure of confidential raw research data authorized or required by this Code section or any other law shall in no way destroy the confidential nature of that data except for the purpose for which the authorized or required disclosure is made.
(f) Any person, corporation, authority, or legal entity acting in good faith shall be im mune from liability for the disclosure of confidential raw research data authorized by this Code section or any other law."
SECTION 2.
This Act shall become effective on July 1, 1999.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

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JOURNAL OF THE HOUSE

The following amendment was read and adopted:

Representative Stokes of the 92nd moves to amend the Committee substitute to HB 560 by deleting on Page 2, line 33 through 38 in its entirety and inserting in lieu thereof the following:
(2) Confidential raw research data related to a person may be disclosed to any per son or legal entity designated to receive that information when that designation is made in writing by the research participant or where a designation is made in writing by a person authorized by law to act for the participant;
Further amend on page 3 by deleting lines 26 through 32 and inserting in lieu thereof the following:
(7) In a criminal proceeding, the court shall order the production of confidential raw research data if the data are relevant to any issue in the proceeding, impose appropriate safeguards against unauthorized disclosure of the data and admit confidential raw re search data into evidence if the data are material to the defense.

The Commitee substitute, as amended, was adopted.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister
Barnard
Y Barnes Y Benefield Y Birdsong E Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T N Day
Dean Y DeLoach, B Y DeLoach, G
Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett
Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney
Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag E Ponder
Y Porter
Y Powell Y Purcell Y Ragas
Randall
Y Ray Y Reaves Y Reece Y Reed
Reese
Y Reichert
Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder
Y Scarlett E Scheid
Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson
Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 164, nays 1.

THURSDAY, MARCH 4, 1999

1265

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

HB 564. By Representatives Shanahan of the 10th, Jamieson of the 22nd and Porter of the 143rd:

A bill to amend Code Section 12-5-374 of the Official Code of Georgia Anno tated, relating to the powers and duties of the Board of Natural Resources, so as to establish certain fees to be charged to owners of certain dams.
The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 12-5-374 of the Official Code of Georgia Annotated, relating to the powers and duties of the Board of Natural Resources, so as to establish certain fees to be charged to owners of certain dams; to provide for the deposit of such funds into the state treasury; to provide a statement of legislative intent; to provide for related mat ters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 12-5-374 of the Official Code of Georgia Annotated, relating to the powers and duties of the Board of Natural Resources, is amended by striking the word "and" at the end of paragraph (3); by striking the symbol "." at the end of paragraph (4) and in serting in lieu thereof the symbol and word "; and", and by inserting at the end thereof the following:
"(5) Establish a fee or fees to be charged to owners of category I dams, as such term is defined in paragraph (1) of subsection (a) of Code Section 12-5-375; provided, how ever, that no such fee or combination of fees shall exceed $3,000.00. At the discre tion of the owner, the fee or fees set forth herein may be paid in quarterly install ments; provided, however, that the total annual fee amount due shall be paid to the division not later than November 1 of each year; provided, further, that no fee shall be charged to owners of any dam constructed or financially assisted by the United States Natural Resources Conservation Service or any other department or agency of the United States government when such department or agency designed or ap proved plans and supervised construction of the dam and maintains a regular pro gram of inspection of the dam. Any such funds shall be deposited in the state trea sury in compliance with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act.' The General Assembly declares its intent that any fee collected by the division pursuant to this paragraph shall be appropriated to cover the rea sonable direct and indirect costs incident to support the administration of the divi sion's duties under this part."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Shanahan of the 10th, was read:

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JOURNAL OF THE HOUSE

A BILL
To amend Code Section 12-5-374 of the Official Code of Georgia Annotated, relating to the powers and duties of the Board of Natural Resources, so as to establish certain fees to be charged to owners of certain dams; to provide for the deposit of such funds into the state treasury; to provide a statement of legislative intent; to provide for related mat ters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 12-5-374 of the Official Code of Georgia Annotated, relating to the powers and duties of the Board of Natural Resources, is amended by striking the word "and" at the end of paragraph (3), by striking the symbol "." at the end of paragraph (4) and in serting in lieu thereof the symbol and word "; and", and by inserting at the end thereof the following:
"(5)(A) Establish a fee or fees to be charged to owners of category I dams, as such term is defined in paragraph (1) of subsection (a) of Code Section 12-5-375; pro vided, however, that no such fee or combination of fees shall exceed the following fee schedule for small, medium, large, and very large dams, as such terms are de fined in subsection (b) of Code Section 12-5-376.1:
(i) For small dams, the fee shall not exceed $500.00;
(ii) For medium dams, the fee shall not exceed $1,000.00;
(iii) For large dams, the fee shall not exceed $2,000.00; and
(iv) For very large dams, the fee shall not exceed $3,000.00.
(B) At the discretion of the owner, the fee or fees set forth in subparagraph (A) of this paragraph may be paid in quarterly installments; provided, however, that the total annual fee amount due shall be paid to the division not later than November 1 of each year; provided, further, that no fee shall be charged to owners of any dam constructed or financially assisted by the United States Natural Resources Conservation Service or any other department or agency of the United States gov ernment when such department or agency designed or approved plans and super vised construction of the dam and maintains a regular program of inspection of the dam. Any such funds shall be deposited in the state treasury in compliance with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act.' The General Assembly declares its intent that any fee collected by the divi sion pursuant to this paragraph shall be appropriated to cover the reasonable di rect and indirect costs incident to support the administration of the division's du ties under this part."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative Ehrhart of the 36th moves to amend the Floor substitute to HB 564 as follows:
Page 2
(G) Before reclassifying any dam in this state the DNR must post a 30 day notice in the local legal organ and hold a public hearing.

THURSDAY, MARCH 4, 1999

1267

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

Y Alien N Anderson
Ashe
N Bailey Y Bannister N Barnard N Barnes N Benefield N Birdsong
E Bohannon N Bordeaux N Borders N Bridges N Brooks Y Brown N Buck N Buckner
N Bulloch
Y Bunn Y Burkhalter N Byrd Y Callaway
Y Campbell Y Cash N Channell N Childers Y Clark Y Coan N Coleman, B N Coleman, T N Connell Y Cooper Y Cox
Y Crawford N Cummings Y Davis, M

N Davis, T N Day
Dean DeLoach, B
Y DeLoach, G
Dix
Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans Y Everett N Felton N Floyd Y Franklin
Y Golick Y Graves N Greene Y Grindley
Y Hammontree
N Hanner Y Harbin N Harrell N Heard Y Heckstall E Hegstrom Y Hembree E Henson N Holland N Holmes
Houston N Howard Y Hudgens Y Hudson, H Y Hudson, N

N Hugley
Y Irvin
N Jackson, B N Jackson, L N James N Jamieson E Jenkins Y Jennings N Jones Y Joyce Y Kaye N Lane
Lewis N Lord
Lucas N Maddox Y Mann N Manning N Martin, J N Martin, J.L Y Massey N McBee Y McCall N McClinton
McKinney Y Millar Y Mills Y Mobley N Morris N Mosley
Mueller N O'Neal Y Orrock N Parham N Parrish Y Parsons

N Pelote Y Pinholster N Poag E Ponder
Porter Powell N Purcell Ragas N Randall
N Ray
Reaves N Reece
Reed Y Reese N Reichert
Y Rice Y Richardson
Roberts Rogers N Royal
Y Sanders Sauder
N Scarlett E Scheid Y Scott N Shanahan N Shaw N Shipp N Sholar N Sims Y Sinkfield N Skipper
Y Smith, B
N Smith, C Y Smith, C.W N Smith, L

Y Smith, L.R N Smith, P N Smith, T Y Smith, V
Smyre
Y Snelling N Snow
Squires
Stallings Y Stancil N Stanley, P Y Stanley-Turner N Stephens N Stokes N Stuckey N Taylor N Teague
Teper N Tillman
Tolbert Y Trense
Turnquest N Twiggs N Unterman
Walker, L Y Walker, R.L N Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J
Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 63, nays 84.

The amendment was lost.

The Floor substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substi tute, was agreed to, by substitute.

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

Y Alien
Y Anderson Y Ashe Y Bailey N Bannister Y Barnard Y Barnes Y Benefield Y Birdsong E Bohannon Y Bordeaux Y Borders N Bridges
Y Brooks
N Brown

Y Buck Y Buckner Y Bulloch
N Bunn N Burkhalter Y Byrd N Callaway N Campbell Y Cash Y Channell Y Childers N Clark N Coan Y Coleman, B Y Coleman, T

Y Connell
N Cooper Y Cox Y Crawford Y Cummings N Davis, M Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G
Dix Y Dixon Y Dodson Y Dukes

N Ehrhart Y Epps N Evans
Y Everett Y Felton
Floyd N Franklin N Golick Y Graves Y Greene N Grindley
Y Hammontree
Y Hanner N Harbin Y Harrell

Y Heard Y Heckstall
E Hegstrom
N Hembree E Henson Y Holland Y Holmes
Houston Howard N Hudgens Y Hudson, H Y Hudson, N Y Hugley N Irvin N Jackson, B

1268
Y Jackson, L Y James Y Jamieson E Jenkins Y Jennings Y Jones N Joyce N Kaye Y Lane N Lewis Y Lord Y Lucas Y Maddox N Mann Y Manning Y Martin, J Y Martin, J.L N Massey Y McBee Y McCall Y McClinton

JOURNAL OF THE HOUSE

McKinney N Millar N Mills
Mobley Y Morris Y Mosley Y Mueller Y CWeal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag E Ponder Y Porter Y Powell Y Purcell
Ragas Y Randall

Y Ray Reaves
Y Reece
N Reese Y Reichert N Rice N Richardson
Roberts Rogers Y Royal N Sanders Y Sauder N Scarlett E Scheid Y Scott Y Shanahan N Shaw Y Shipp Y Sholar Y Sims

Y Sinkfield Y Skipper N Smith, B Y Smith, C N Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T N Smith, V
Smyre N Snelling Y Snow
Squires Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey

Y Taylor
Y Teague Teper
Y Tillman Tolbert
N Trense Turnquest
N Twiggs Y Unterman
Walker, L N Walker, R.L Y Watson Y West N Westmoreland Y Whitaker N Wiles N Williams, J Y Williams, R Y Wix N Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 109, nays 45.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Tolbert of the 25th stated that he had >een called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
By unanimous consent, HB 564 was ordered immediately transmitted to the Senate.
The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof: Mr. Speaker:
The Senate has disagreed to the House substitute to the following bill of the Senate:
SB 57. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd: A bill to provide for the Georgia Regional Transportation Authority; to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to change certain provisions relating to transit services with local governments; to amend Article 6 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor's planning and development, so as to change certain provisions relating to composition, appointment of members, and meetings of the Governor's Development Council.
The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto: SB 57. By Senators Thompson of the 33rd, Ptokes of the 43rd and Tanksley of the
32nd: A bill to provide for the Georgia Regional Transportation Authority; to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to change certain provisions relating to transit services with local governments; to amend Article 6 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor's planning and development, so as to change certain provisions relating to composition, appointment of members, and meetings of the Governor's Development Council.

THURSDAY, MARCH 4, 1999

1269

Representative Benefield of 96th moved that the House insist on its position in substi tuting SB 57.

The motion prevailed.

Under the general order of business, established by the Committee on Rules, the follow ing Bills of the House were taken up for consideration and read the third time:
HB 695. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A bill to amend Code Section 10-9-6 of the Official Code of Georgia Anno tated, relating to the appointment and terms of members of the board of gov ernors of the Georgia World Congress Center Authority, so as to provide for four additional members of such board and their terms.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield
Birdsong E Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd N Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Dean DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Ehrhart Y Epps E Evans Y Everett Y Felton Y Floyd N Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall E Hegstrom Y Hembree E Henson Y Holland Y Holmes Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson E Jenkins Y Jennings
Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag E Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray
Reaves Y Reece Y Reed N Reese Y Reichert Y Rice Y Richardson Y Roberts
Rogers Y Royal N Sanders Y Sauder Y Scarlett E Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires
Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague
Teper Y Tillman
Iblbert Y Trense Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix N Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 151, nays 7.
The Bill, having received the requisite constitutional majority, was passed.
Representative Tolbert of the 25th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereoi.

1270

JOURNAL OF THE HOUSE

HB 580. By Representatives Jenkins of the 110th, Poag of the 6th and Day of the 153rd:
A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide that any county, municipality, or other public subdivision of this state which has a law en forcement agency shall declare a chief of police or a law enforcement head for such law enforcement agency who is required to be a certified peace of ficer pursuant to the provisions of Chapter 8 of Title 35, known as the "Geor gia Peace Officer Standards and Training Act".
The following Committee substitute was read and adopted:

A BILL
To amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide that any county, municipality, or other public sub division of this state which has a law enforcement agency shall declare a chief of police or a law enforcement head for such law enforcement agency who is required to be a cer tified peace officer pursuant to the provisions of Chapter 8 of Title 35, known as the "Georgia Peace Officer Standards and Training Act"; to provide an exception; to change the definition of the term "department head"; to provide that any newly appointed chief of police or department head of a law enforcement unit whose term of employment com mences after June 30, 1999, shall successfully complete a minimum of 60 hours of law enforcement chief executive training at the next scheduled law enforcement chief execu tive training class sponsored by the Georgia Association of Chiefs of Police following his or her appointment; to provide that a sworn employee serving in the capacity of a de partment head of a law enforcement unit for more than 60 days is required to comply with certain training requirements; to provide for waivers of such training requirements under certain conditions; to provide an exemption from the training requirements for peace officers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by adding at the end of Chapter 1, relating to general provi sions applicable to law enforcement officers and agencies, a new Code Section 35-1-11 to read as follows:
"35-1-11.

Any county, municipality, or other public subdivision of this state which has a law en forcement agency shall declare a chief of police or a law enforcement head for such law enforcement agency who is required to be a certified peace officer pursuant to the pro visions of Chapter 8 of this title, known as the 'Georgia Peace Officer Standards and Training Act.' The provisions of this Code section shall not apply to sheriffs."
SECTION 2.
Said title is further amended by striking in its entirety paragraph (4) of Code Section 35-8-2, relating to definitions applicable to the "Georgia Peace Officer Standards and Training Act," and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) 'Department head' means the head of any law enforcement unit chief executive or head of a state department or agency, a county, a municipality, or a railroad who is a peace officer and whose responsibilities include the supervision and assignment of one or more employees or the performance of administrative and manaige rial du ties of a police agency or law enforcement unit. Such term does not include the At-

THURSDAY, MARCH 4, 1999

1271

torney General, the director of the Georgia Drugs and Narcotics Agency, a district attorney, a solicitor general, a county or municipal fire chief, or peace officers em ployed exclusively as investigators of any such offices who do not exercise any law enforcement supervisory or managerial duties. The provisions of this paragraph shall not apply to any sheriff or to any head of any law enforcement unit within the office of sheriff."

SECTION 3.
Said title is further amended by striking in its entirety subsection (a) of Code Section 35-8-20.1, relating to training for police chiefs and department heads appointed after De cember 31, 1992, and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) Any newly appointed chief of police or department head of a law enforcement unit whose term of employment commences after December 31, 1002 June 30, 1999, shall successfully complete a minimum of 60 hours of law enforcement chief executive train ing at the next scheduled law enforcement chief executive training class sponsored by the Georgia Association of Chiefs of Police following his or her appointment. Such training shall be in addition to the basic training required of peace officers in Code Section 35-8-9. A sworn employee acting in the capacity of a department head of a law enforcement unit for more than 60 days shall be required to attend training specified under this Code section and Code Section 35-8-20. The provisions of this subsection shall not apply to any sheriff or to any head of any law enforcement unit within the office of sheriff."

SECTION 4.
Said title is further amended by striking in its entirety subsection (a) of Code Section 35-8-21, relating to training requirements for peace officers, and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) During calendar year 1080 1999 and during each calendar year thereafter, any person employed or appointed as a peace officer shall complete 20 hours of training as provided in this Code section; provided, however, that any person who is employed or appointed as a peace officer and who has 25 or more years of service with the Depart ment of Public Safety is excused and exempt from compliance with this Code section."

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 substi tute, was agreed to.

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong E Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks
Y Brown

Buck Buckner Bulloch Bunn Burkhalter Byrd Callaway
Campbell Cash Channel! Childers Clark Coan Coleman, B Coleman, T

Connell
Cooper
Cox Crawford Cummings Davis, M Davis, T Day Dean DeLoach, B DeLoach, G Dix Dixon Dodson
Dukes

Ehrhart Y Epps E Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell

Heard Heckstall
Hegstrom
Hembree
Henson Holland Holmes Houston Howard Hudgens Hudson, H Hudson, N Hugley Irvin Jackson, B

1272
Jackson, L James Jamieson Jenkins Jennings Jones Joyce Kaye Lane Lewis Lord Lucas Maddox Mann Manning Martin, J Martin, J.L Massey McBee McCall McCHnton

JOURNAL OF THE HOUSE

McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag E Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall

Ray Reaves Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims

Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P
Smith, T
Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey

Y Taylor Y Teague
Teper Y Tillman Y Tblbert Y Trense Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following Resolutions of the House were read and adopted: HR 444. By Representatives Bailey of the 93rd and Jennings of the 63rd:
A resolution expressing regret at the passing of F. Ray Lee.
HR 445. By Representatives Kaye of the 37th, Murphy of the 18th, Irvin of the 45th, Walker of the 141st, Ehrhart of the 36th and others:
A resolution recognizing suicide as a state problem.
HR 446. By Representatives Holmes of the 53rd, Dean of the 48th, Kaye of the 37th, Heckstall of the 55th, Ashe of the 46th and others:
A resolution declaring March 8, 1999, as "Safe Drivers' Awareness Day" and urging all drivers to observe all driver safety laws and to exercise reasonable caution and good judgment while driving.
HR 447. By Representatives Dodson of the 94th, Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and Buckner of the 95th: A resolution expressing regret at the passing of Ernest L. Stroud.
HR 448. By Representative Benefield of the 96th:
A resolution expressing regret at the passing of Mr. Earl Charles "Buck" Stonell. HR 449. By Representative Crawford of the 129th:
A resolution commending the Hightower family and the associates of Thomaston Mills, Inc., for achieving 100 years in operation as a leading tex tile manufacturer.
HR 450. By Representatives Bailey of the 93rd, Dodson of the 94th, Barnes of the 97th and Benefield of the 96th:
A resolution honoring the great City of Forest Park, Georgia, on the occasion of its 90th anniversary.
HR 451. By Representative Bailey of the 93rd: A resolution commending the Frankie Lyle Chapter #2074 of the United Daughters of the Confederacy.

THURSDAY, MARCH 4, 1999

1273

HR 452. By Representative Bailey of the 93rd: A resolution recognizing and congratulating Peggy and Lewis H. Jordan on the occasion of their twenty-fifth wedding anniversary.
HR 453. By Representative Bailey of the 93rd: A resolution commending Gilbert Johnson.
HR 454. By Representative Bailey of the 93rd:
A resolution commending Leese Pope.
HR 455. By Representatives Jackson of the 112th, Williams of the 114th and Harbin of the 113th:
A resolution commending E. Harold Mays.
HR 456. By Representatives Cash of the 108th and Henson of the 65th:
A resolution congratulating Lona Bellah Bennett on her 100th birthday.
HR 457. By Representatives Shaw of the 176th, Scott of the 165th, Hudson of the 156th, McCall of the 90th and Crawford of the 129th:
A resolution commending Tennis Coach Norman (Red) Hill of Abraham Bald win Agricultural College.
HR 458. By Representatives Sims of the 167th, Floyd of the 138th, Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others: A resolution commending Burnell "Be Back" Anderson.
HR 459. By Representatives Bailey of the 93rd, Benefield of the 96th, Dodson of the 94th and Barnes of the 97th:
A resolution expressing sympathy at the passing of Grady Monroe Lovin.
HR 460. By Representatives Bailey of the 93rd, Benefield of the 96th, Dodson of the 94th and Barnes of the 97th:
A resolution commending Captain Bill Lowe upon being selected Emergency Medical Technician of the Year.
HR 461. By Representatives Sauder of the 29th, Shipp of the 38th, Parsons of the 40th, Wix of the 33rd, Grindley of the 35th and others:
A resolution commending Katie Freeman on becoming Miss Cobb County 1999.
HR 462. By Representatives Sauder of the 29th, Shipp of the 38th, Parsons of the 40th, Wix of the 33rd, Grindley of the 35th and others:
A resolution recognizing and commending Kenneth D. Burts. HR 463. By Representatives Sauder of the 29th, Shipp of the 38th, Parsons of the
40th, Wix of the 33rd, Grindley of the 35th and others:
A resolution recognizing and commending the Smyrna Optimist Club.
HR 464. By Representatives McClinton of the 68th and Turnquest of the 73rd:
A resolution commending Spelman College.
HR 465. By Representative Pelote of the 149th:
A resolution expressing regret at the passing of Robert Earl Potts.
HR 466. By Representatives Brooks of the 54th, Orrock of the 56th, Stuckey of the 67th, Harrell of the 62nd, Childers of the 13th and others:
A resolution in honor of the life of Virginia Foster Durr.
HR 467. By Representatives Floyd of the 138th and James of the 140th: A resolution recognizing the Slosheye Trail Big Pig Jig as the state's Official Barbecue Cooking Contest.

1274

JOURNAL OF THE HOUSE

HE 468. By Representatives Mosley of the 171st and Byrd of the 170th:
A resolution in memory of William Lawrence Tippins and Otis Nell Pritchard Tippins.
HR 469. By Representative Yates of the 106th:
A resolution commending Mr. and Mrs. M.J. Yates on the occasion of their 50th wedding anniversary.
HR 470. By Representative Yates of the 106th:
A resolution commending County Line United Methodist Church on the 150th anniversary of its founding.
HR 471. By Representatives Yates of the 106th and Sanders of the 107th: A resolution commending Mrs. Marian Dunn.
HR 472. By Representative Purcell of the 147th: A resolution recognizing the Medical Association of Georgia Alliance for 75 years of service to the citizens of this state.
HR 473. By Representative Purcell of the 147th:
A resolution recognizing the one hundred fiftieth anniversary of the founding of the Medical Association of Georgia. HR 474. By Representative Turnquest of the 73rd: A resolution recognizing the American Diabetes Alert for March, 1999, and commending Liane Levitan for her leadership in diabetes preventive care. HR 475. By Representative Turnquest of the 73rd: A resolution recognizing and honoring the Zambian delegation visiting Geor gia and extending the warm hand of Southern hospitality to each member.
Representative Porter of the 143rd District, Chairman of the Committee on University System of Georgia, submitted the following report:

Mr. Speaker:
Your Committee on University System of Georgia has had under consideration the fol lowing Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 576 Do Pass HB 840 Do Pass
Respectfully submitted, /s/ Porter of the 143rd
Chairman
Representative Buck of the 135th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 365 Do Pass HB 623 Do Pass, by Substitute

THURSDAY, MARCH 4, 1999

1275

Respectfully submitted, Isl Buck of the 135th
Chairman
Pursuant to HR 432, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, March 8, 1999.

1276

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia Monday, March 8, 1999

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

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

Ashe Bannister Barnes E Bohannon Borders Bridges Brooks Brown Bulloch Bunn Byrd Callaway Cash Channell Clark Coleman, B Cooper Cox Crawford Davis, M Davis, T DeLoach, B DeLoach, G

Dixon Dodson E Evans Felton Floyd Golick Graves Grindley Hammontree Harbin Harrell Heard Hegstrom Henson Holland Houston Howard Hudgens Hugley Jackson, B James Jennings Joyce

Kaye Lewis Lord Mann Manning
McBee McCall McClinton McKinney Millar Mills Mobley Morris Mosley O'Neal Parsons Pelote Pinholster Poag Ponder Powell Purcell

Ray Reaves Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett E Scheid Scott Shanahan Shaw Shipp Sholar Sinkfield Smith, B Smith, C.W

Smith, L Smith, L.R Smith, P Smith, T Smith, V Snelling Snow Stokes Stuckey Taylor Tillman Tblbert Trense Turnquest Unterman Walker, R.L West Whitaker Wiles Williams, R Wix Murphy, Spin-

The following members were off the floor of the House when the roll was called:
Representatives Bailey of the 93rd, Everett of the 163rd, Greene of the 158th, Franklin of the 39th, Yates of the 106th, Jones of the 71st, Dukes of the 161st, Hanner of the 159th, Maddox of the 72nd, Anderson of the 116th, Twiggs of the 8th, Sims of the 167th, Stancil of the 16th, Childers of the 13th, Stephens of the 150th, Watson of the 70th, Day of the 153rd, Williams of the 83rd, Coleman of the 142nd, Jenkins of the 110th, Alien of the 117th, Bordeaux of the 151st, Teague of the 58th, Porter of the 143rd, Stan ley-Turner of the 50th, Squires of the 78th, Benefield of the 96th, Barnard of the 154th, Massey of the 86th, Martin of the 145th, Lane of the 146th, Jamieson of the 22nd, Reece of the llth, Lucas of the 124th, Mueller of the 152nd, Ragas of the 64th, Irvin of the 45th, Jackson of the 148th, Walker of the 141st, Westmoreland of the 104th, Parham of the 122nd, Parrish of the 144th, Randall of the 127th, Smyre of the 136th, Birdsong of the 123rd and Hembree of the 98th.
They wish to be recorded as present.
Prayer was offered by the Reverend Sandra M. Fox, Pastor, First Presbyterian Church, Douglasville, Georgia.
The members pledged allegiance to the flag.
Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.

MONDAY, MARCH 8, 1999

1277

The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees: HB 898. By Representative Lord of the 121st:
A bill to amend an Act creating the State Court of Washington County, so as to change the compensation of the judge and solicitor of said court. Referred to the Committee on State Planning & Community Affairs - Local.

HB 899. By Representatives Borders of the 177th, Reaves of the 178th, Shaw of the 176th, Benefield of the 96th and Coleman of the 142nd:
A bill to establish the Valdosta-Lowndes County Conference Center and Tourism Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 900. By Representatives Yates of the 106th and Sanders of the 107th:
A bill to amend an Act creating a board of commissioners of Spalding County, so as to change the compensation of the chairperson and other members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 901. By Representatives Royal of the 164th and Stancil of the 16th:
A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Anno tated, relating to sales and use taxes, so as to change certain provisions re garding an exemption from sales and use tax with respect to the sale of cer tain grass sod.
Referred to the Committee on Ways & Means.

HB 902. By Representatives Snelling of the 99th and Hembree of the 98th:
A bill to amend an Act creating the Douglas County Airport Authority, so as to provide for approval of the authority's site selection for an airport by referendum; to provide that no construction relating to an airport shall be begun unless the site has been approved by referendum.
Referred to the Committee on State Planning & Community Affairs - Local.

1278

JOURNAL OF THE HOUSE

HB 903. By Representatives Clark of the 3rd and Snow of the 2nd: A bill to amend an Act entitled "An Act creating a board of utilities commis sioners for Catoosa County," so as to strike and revise such Act and amend atory Acts; to provide for definitions; to provide for the election of members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 904. By Representatives Smyre of the 136th, Sinkfield of the 57th, Stanley of the 49th, Hegstrom of the 66th and Hudson of the 120th: A bill to amend Chapter 41 of Title 31 of the Official Code of Georgia Anno tated, relating to lead poisoning prevention, so as to enact the "Childhood Lead Exposure Control Act".
Referred to the Committee on Children and Youth.
HB 905. By Representatives Barnes of the 97th, Benefield of the 96th, Walker of the 141st, Bailey of the 93rd, Dodson of the 94th and others: A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and re lated offenses, so as to make it unlawful for any person knowingly to re move or attempt to remove a firearm, chemical spray, or baton from the possession of another person if the other person is lawfully acting within the course and scope of employment and the person has knowledge or rea son to know that the other person is employed as a peace officer, correc tional officer, probation officer, parole supervisor, or juvenile correctional officer.
Referred to the Committee on Public Safety.
HB 906. By Representatives DeLoach of the 119th, Connell of the 115th, Alien of the 117th, Howard of the 118th and Anderson of the 116th: A bill to amend an Act entitled "An Act to provide a new charter for the City of Blythe," so as to provide for staggered terms for the mayor and councilmembers.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 907. By Representatives Jennings of the 63rd, Poag of the 6th, Shanahan of the 10th, Day of the 153rd, Jenkins of the 110th and others: A bill to amend Code Section 40-6-70 of the Official Code of Georgia Anno tated, relating to vehicles approaching or entering an intersection, so as to provide that when two vehicles approach or enter an intersection with a malfunctioning or inoperative traffic light, the driver of each vehicle shall be required to stop in the same manner as if a stop sign was facing in each direction at the intersection.
Referred to the Committee on Motor Vehicles.
HB 908. By Representative Stallings of the 100th: A bill to amend Code Section 47-3-60 of the Official Code of Georgia Anno tated, relating to service credit in the Teachers Retirement System of Geor gia for postgraduate study and other matters, so as to provide that a period of postgraduate study which is interrupted solely by a period of military ser vice shall be deemed not to have been interrupted.
Referred to the Committee on Retirement.

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HB 909. By Representative James of the 140th: A bill to amend an Act providing for the board of education for the Macon County School District, so as to change the provisions relating to the com pensation of members of the board of education.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 910. By Representative Reese of the 85th: A bill to provide for a homestead exemption from certain City of Buford ad valorem taxes for municipal purposes in the amount of $20,000.00 of the as sessed value of that homestead for residents of the City of Buford.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 911. By Representative Stephens of the 150th: A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Anno tated, relating to alimony and child support generally, so as to allow a court discretion in fixing the date a child support obligation begins; to provide for retroactive payment of child support.
Referred to the Committee on Judiciary.
HB 912. By Representative Stephens of the 150th: A bill to provide for a homestead exemption from certain City of Bloomingdale ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year imme diately preceding the taxable year in which that exemption is first granted to a resident of that city.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 913. By Representatives Buck of the 135th, Smyre of the 136th, Davis of the 132nd, Hugley of the 133rd and Taylor of the 134th: A bill to amend an Act establishing the Municipal Court of Columbus, so as to abolish the office of marshal of such court; to transfer the powers, duties, and responsibilities of such office to the sheriff of Muscogee County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 914. By Representatives Orrock of the 56th and Hudson of the 120th: A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for the range of benefits and amount of payments under such article.
Referred to the Committee on Appropriations.
HB 915. By Representatives Stephens of the 150th, Day of the 153rd and Mueller of the 152nd: A bill to provide for a homestead exemption from certain City of Vernonburg ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a res ident of that city.
Referred to the Committee on State Planning & Community Affairs - Local.

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HB 916. By Representatives Holmes of the 53rd, Stuckey of the 67th, Ashe of the 46th, Orrock of the 56th and Smith of the 19th:
A bill to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to horns, exhaust systems, mirrors, windshields, tires, safety belts, and energy absorption systems, so as to change certain provisions relating to seat belt equipment requirements and safety restraints for children under four years of age.
3/4/99
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 916. This notice is made prior to or upon read ing the bill the first time.

/s/ Bob Holmes Representative 53rd District
Referred to the Committee on Motor Vehicles.
HB 918. By Representatives Stanley of the 49th and Stanley of the 50th: A bill to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to create the Department of Fire Safety; to provide for the appointment and term of a Safety Fire Commissioner; to provide that the Safety Fire Commissioner shall operate and maintain the Georgia Fire Academy.
Referred to the Committee on Public Safety.
HB 919. By Representative Cummings of the 27th: A bill to amend Article 3 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Georgia Judicial Retire ment System, so as to provide that certain persons who were serving in a position covered by such retirement system on July 1, 1998, may opt to be come members of such retirement system.
Referred to the Committee on Retirement.
HB 920. By Representative Murphy of the 18th:
A bill to create the Haralson County Family Connection Authority.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 921. By Representative Murphy of the 18th:
A bill to provide a homestead exemption from Haralson County School Dis trict ad valorem taxes for educational purposes in the amount of $8,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

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HB 922. By Representative Dukes of the 161st: A bill to amend an Act creating a board of commissioners in and for Miller County, so as to provide for new commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 923. By Representatives Roberts of the 162nd, Dukes of the 161st and Everett of the 163rd: A bill to amend an Act creating the Dougherty Judicial Circuit, so as to pro vide for an increase in the county supplement to the judges of such judicial circuit.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 924. By Representatives Lane of the 146th and Martin of the 145th: A bill to amend an Act entitled "An Act to create a new charter for the City of Statesboro," so as to authorize the governing authority of such city to grant certain exclusive, long-term franchises.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 925. By Representatives Lane of the 146th and Martin of the 145th: A bill to amend an Act entitled "An Act to create a new charter for the City of Statesboro," so as to provide for staggered terms of office for the mayor and councilmembers.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 926. By Representatives Lane of the 146th and Martin of the 145th: A bill to amend an Act reconstituting the Board of Education of Bulloch County and providing for its powers, duties, rights, obligations, and liabili ties, so as to change the amount of compensation received by the members of such board.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 927. By Representative Tolbert of the 25th: A bill to amend Chapter 1A of Title 20 of the Official Code of Georgia Anno tated, relating to the Office of School Readiness, so as to provide for the en rollment in voluntary pre-kindergarten programs of children whose parent or guardian is a teacher or other employee of a school or facility housing the pre-kindergarten program.
Referred to the Committee on Education.
HR 438. By Representatives Buckner of the 95th, Cummings of the 27th, Jamieson of the 22nd, Ashe of the 46th, Reaves of the 178th and others: A resolution urging the Congress of the United States to support appropria tions for the Land and Water Conservation Fund.
Referred to the Committee on Natural Resources & Environment.
HR 439. By Representatives Stallings of the 100th and West of the 101st: A resolution creating the House Study Committee on Ambulance Service.
Referred to the Committee on Rules.

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HR 440. By Representatives Stallings of the 100th and West of the 101st: A resolution proposing an amendment to the Constitution so as to authorize exemptions from ad valorem taxation on personal property by local law con ditioned upon approval by a majority of the qualified electors in a referendum.
Referred to the Committee on Ways & Means.
HR 441. By Representatives McCall of the 90th, Banner of the 159th, Ray of the 128th, Benefield of the 96th, Powell of the 23rd and others: A resolution opposing the Kyoto Protocol.
Referred to the Committee on Natural Resources & Environment.
HR 442. By Representatives Channell of the lllth, Parham of the 122nd, Porter of the 143rd, Williams of the 114th and Parrish of the 144th: A resolution creating the House Tourism Advertising Study Committee.
Referred to the Committee on Rules.
HR 443. By Representatives Barnard of the 154th, Hanner of the 159th, McCall of the 90th, Mueller of the 152nd and Borders of the 177th: A resolution urging the Environmental Protection Division of the Depart ment of Natural Resources to exercise caution in the issuance of permits to private companies for aquifer storage and retrieval of water.
Referred to the Committee on Natural Resources & Environment.
HR 476. By Representatives Franklin of the 39th, Sanders of the 107th, Yates of the 106th and Massey of the 86th: A resolution proposing an amendment to the Constitution so as to prohibit the enactment of any laws during the final 20 days of any regular session of the General Assembly except laws repealing existing laws and appropria tions Acts.
Referred to the Committee on Rules.

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

HB 881 HB 882 HB 883 HB 884 HB 885 HB 886 HB 887 HB 888 HB 889 HB 890 HB 891 HB 892 HB 893 HB 894 HB 895 HB 896

HB 897 HB 917 HR 434 HR 435 HR 436 HR 437 SB 26 SB 54 SB 72 SB 98 SB 102 SB 106 SB 120 SB 137 SB 143 SB 154

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SB 155 SB 176 SB 178 SB 181

SB 193 SB 197 SB 206 SR 150

Representative Coleman of the 142nd District, Chairman of the Committee on Appropri ations, submitted the following report:

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 144 Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 142nd
Chairman
Representative Holmes of the 53rd District, Chairman of the Committee on Governmen tal Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the fol lowing recommendation:
HB 672 Do Pass, by Substitute
Respectfully submitted, /s/ Holmes of the 53rd
Chairman
Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

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

HB 407 Do Pass, by Substitute HB 429 Do Pass, by Substitute HB 804 Do Pass

HB 811 Do Pass HB 819 Do Pass

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

Representative Parham of the 122nd District, Chairman of the Committee on Motor Ve hicles, submitted the following report:

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Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 855 Do Pass
Respectfully submitted, /s/ Parham of the 122nd
Chairman
Representative Smyre of the 136th District, Chairman of the Committee on Rules, sub mitted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill and Resolu tions of the House and has instructed me to report the same back to the House with the following recommendations:
HB 586 Do Pass, by Substitute HR 413 Do Pass HR 425 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman
Representative Royal of the 164th District, Chairman of the Committee on State Plan ning & 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 849 Do Pass HB 856 Do Pass HB 857 Do Pass HB 860 Do Pass HB 867 Do Pass HB 869 Do Pass HB 871 Do Pass

HB 874 Do Pass, by Substitute HB 875 Do Pass, by Substitute HB 877 Do Pass, by Substitute HB 878 Do Pass HB 879 Do Pass SB 204 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 8, 1999
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the amended calendar for this 31st Legislative Day as enumerated below:

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HB 114 Alternative schools; education and attendance requirements HB 144 General appropriations; FY 1999-2000 HB 250 Open records; exempt certain cost estimates and bid proposals HB 257 Uniform Fraudulent Transfers Act; enact HB 414 Guardian and ward; temporary guardianship of minor; dissolution HB 415 Agency; appointment of guardian of property; effect HB 416 Durable power of attorney for health care; appt of guardian HB 432 Phone solicitation; prohibitions; exclude certain brokers or agents HB 459 Occupation taxes and regulatory fees; amend provisions HB 502 Water well contractors; bond or letter of credit; amend provisions HB 509 Georgia Conservation District Act; enact HB 650 Nat Res, Bd of; powers & duties; animal matter rendering plants HB 752 Cigarettes; sales and distribution; amend provisions HB 755 State service delivery regions; reclassify certain counties HB 779 Workforce Reinvestment Act of 1999; enact HB 809 Taxicab self-insurers; certain exception; change certain date HB 818 Insurance; certain policy cancellation; notice not required HB 852 DHR; cert temporary care of child; court authorization not required
HR 166 Andrew Jackson Ash Memorial Bridge; designate HR 267 Jean Anderson Intersection; designate HR 416 L.C. "Shot" Strange Highway; designate
ALL COMPENSATION RESOLUTIONS APPROVED BY APPROPRIATIONS COMMIT TEE.
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, Isl Smyre of the 136th
Chairman
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 849. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to provide a homestead exemption from Lamar 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 are 65 years of age or over after a two-year phase-in period.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 856. By Representatives Golick of the 30th, Wiles of the 34th, Wix of the 33rd, Sauder of the 29th, Shipp of the 38th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the chief judge, judges, and associate judges of the state court.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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HB 857. By Representatives Golick of the 30th, Wiles of the 34th, Wix of the 33rd, Sauder of the 29th, Shipp of the 38th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to provide for an additional judge of Division 1 of the State Court of Cobb County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 860. By Representatives Manning of the 32nd, Sauder of the 29th, Shipp of the 38th, Golick of the 30th, Wiles of the 34th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 867. By Representatives Shipp of the 38th, Grindley of the 35th, Golick of the 30th, Sauder of the 29th, Manning of the 32nd 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 869. By Representatives Dixon of the 168th and Smith of the 169th:
A bill to amend an Act creating the State Court of Ware County, so as to provide for the compensation of the solicitor-general and the judge of said court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 871. By Representatives Williams of the 83rd and Unterman of the 84th:
A bill to amend an Act incorporating the Town of Snellville (later renamed the City of Snellville), so as to change provisions relating to the corporate boundaries; to provide for an official map and written description of the cor porate limits; to provide for resignation from one municipal office before qualifying for another municipal office; to provide for four-year terms for the mayor and councilmembers.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 874. By Representatives Stephens of the 150th, Day of the 153rd and Mueller of the 152nd:
A bill to provide for a homestead exemption from certain City of Garden City ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resi dent of that city.
The following Committee substitute was read and adopted:

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A BILL
To provide for a homestead exemption from certain City of Garden City ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident of that city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic re peal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for municipal purposes" means all municipal ad valorem taxes for municipal purposes, levied by, for, or on behalf of the City of Garden City, except for taxes to pay interest on and to retire municipal bonded indebtedness.
(2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this Act is granted.
(3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., with the additional qualification that it shall include only the pri mary residence and not more than five contiguous acres of land immediately sur rounding such residence.
(4) "Indexed adjustment rate" means the percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) from January 1 of the base year to January 1 of the reassessment year.
(b)(l) Each resident of the City of Garden City is granted an exemption on that per son's homestead from all City of Garden City ad valorem taxes for municipal pur poses in an amount equal to the amount of the assessed value of that homestead that exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which this exemption is first granted to such resident.
(2) The amount specified under paragraph (1) of this subsection shall be reduced, dollar for dollar, by an amount equal to the indexed adjustment rate multiplied by the assessed value of the homestead in the base year.
(3) The reduction specified under paragraph (2) of this subsection shall only apply if the total county tax digest in the base year is greater than the total county tax di gest for the immediately preceding taxable year.
(4) This exemption shall not apply to taxes assessed on improvements to the home stead or additional land that is added to the homestead after January 1 of the base year. If any real property is removed from the homestead, the assessment in the base year shall be adjusted to reflect such removal and the exemption shall be recal culated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation.
(c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing au thority of the City of Garden City, or the designee thereof, giving such information rela tive to receiving such exemption as will enable the tax commissioner to make a determi nation as to whether such owner is entitled to such exemption.

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(d) The governing authority of the City of Garden City, or the designee thereof, shall provide application forms for the exemption granted by subsection (b) of this section which shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
(e) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application and file such affidavit thereafter for any year and the exemption shall con tinue to be allowed to such person. It shall be the duty of any person granted the home stead exemption under subsection (b) of this section to notify the governing authority of the City of Garden City, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption.
(f) The exemption granted by this Act shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or school district ad valorem taxes for edu cational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes.
(g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2001.

SECTION 2.

Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of City of Garden City shall call and conduct an election as pro vided in this section for the purpose of submitting this Act to the electors of the City of Garden City for approval or rejection. The municipal election superintendent shall con duct that election on the date of the November, 2000, state-wide general election, and shall issue the call and conduct that election as provided by general law. The municipal 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 Chat ham County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides a homestead exemption from certain City of Garden City ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead that 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 of that city?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall be come of full force and effect on January 1, 2001. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not be come effective and this Act shall be automatically repealed on the first day of January immediately following that election date.

The expense of such election shall be borne by the City of Garden City. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 3.
Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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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 substi tute, was agreed to.
HB 875. By Representatives Stephens of the 150th, Day of the 153rd and Mueller of the 152nd:
A bill to provide for a homestead exemption from certain City of Pooler ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year immediately pre ceding the taxable year in which that exemption is first granted to a resident of that city.
The following Committee substitute was read and adopted:

A BILL

To provide for a homestead exemption from certain City of Pooler ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that ex emption is first granted to a resident of that city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to pro vide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

(a) As used in this Act, the term:

SECTION 1.

(1) "Ad valorem taxes for municipal purposes" means all municipal ad valorem taxes for municipal purposes, levied by, for, or on behalf of the City of Pooler, except for taxes to pay interest on and to retire municipal bonded indebtedness.

(2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this Act is granted.

(3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., with the additional qualification that it shall include only the pri mary residence and not more than five contiguous acres of land immediately sur rounding such residence.

(4) "Indexed adjustment rate" means the percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) from January 1 of the base year to January 1 of the reassessment year.

(b)(l) Each resident of the City of Pooler is granted an exemption on that person's homestead from all City of Pooler ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead that exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which this exemption is first granted to such resident.

(2) The amount specified under paragraph (1) of this subsection shall be reduced, dollar for dollar, by an amount equal to the indexed adjustment rate multiplied by the assessed value of the homestead in the base year.

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(3) The reduction specified under paragraph (2) of this subsection shall only apply if the total county tax digest in the base year is greater than the total county tax di gest for the immediately preceding taxable year.

(4) This exemption shall not apply to taxes assessed on improvements to the home stead or additional land that is added to the homestead after January 1 of the base year. If any real property is removed from the homestead, the assessment in the base year shall be adjusted to reflect such removal and the exemption shall be recal culated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation.
(c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing au thority of the City of Pooler, or the designee thereof, giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption.
(d) The governing authority of the City of Pooler, or the designee thereof, shall provide application forms for the exemption granted by subsection (b) of this section which shall require such information as may be necessary to determine the initial and continuing el igibility of the owner for the exemption.
(e) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application and file such affidavit thereafter for any year and the exemption shall con tinue to be allowed to such person. It shall be the duty of any person granted the home stead exemption under subsection (b) of this section to notify the governing authority of the City of Pooler, or the designee thereof, in the event that person for any reason be comes ineligible for that exemption.
(f) The exemption granted by this Act shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or school district ad valorem taxes for edu cational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes.
(g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2001.

SECTION 2.

Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of City of Pooler shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Pooler for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November, 2000, state-wide general election, and shall issue the call and conduct that election as provided by general law. The municipal 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 Chatham County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides a homestead exemption from certain City of Pooler ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead that 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 of that city?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons

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desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall be come of full force and effect on January 1, 2001. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not be come effective and this Act shall be automatically repealed on the first day of January immediately following that election date.
The expense of such election shall be borne by the City of Pooler. It shall be the munici pal election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substi tute, was agreed to.
HB 877. By Representatives Stephens of the 150th, Day of the 153rd and Mueller of the 152nd:
A bill to provide for a homestead exemption from certain City of Port Wentworth ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year im mediately preceding the taxable year in which that exemption is first granted to a resident of that city.
The following Committee substitute was read and adopted:

A BILL
To provide for a homestead exemption from certain City of Port Wentworth ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident of that city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic re peal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for municipal purposes" means all municipal ad valorem taxes for municipal purposes, levied by, for, or on behalf of the City of Port Wentworth, except for taxes to pay interest on and to retire municipal bonded indebtedness.
(2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this Act is granted.
(3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., with the additional qualification that it shall include only the pri mary residence and not more than five contiguous acres of land immediately sur rounding such residence.

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(4) "Indexed adjustment rate" means the percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) from January 1 of the base year to January 1 of the reassessment year.
(b)(l) Each resident of the City of Port Wentworth is granted an exemption on that person's homestead from all City of Port Wentworth ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead that exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which this exemption is first granted to such resident.
(2) The amount specified under paragraph (1) of this subsection shall be reduced, dollar for dollar, by an amount equal to the indexed adjustment rate multiplied by the assessed value of the homestead in the base year.
(3) The reduction specified under paragraph (2) of this subsection shall only apply if the total county tax digest in the base year is greater than the total county tax di gest for the immediately preceding taxable year.
(4) This exemption shall not apply to taxes assessed on improvements to the home stead or additional land that is added to the homestead after January 1 of the base year. If any real property is removed from the homestead, the assessment in the base year shall be adjusted to reflect such removal and the exemption shall be recal culated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation.
(c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing au thority of the City of Port Wentworth, or the designee thereof, giving such information relative to receiving such exemption as will enable the tax commissioner to make a de termination as to whether such owner is entitled to such exemption.
(d) The governing authority of the City of Port Wentworth, or the designee thereof, shall provide application forms for the exemption granted by subsection (b) of this section which shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
(e) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application and file such affidavit thereafter for any year and the exemption shall con tinue to be allowed to such person. It shall be the duty of any person granted the home stead exemption under subsection (b) of this section to notify the governing authority of the City of Port Wentworth, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption.
(f) The exemption granted by this Act shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or school district ad valorem taxes for edu cational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes.
(g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2001.
SECTION 2.
Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of City of Port Wentworth shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City

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of Port Wentworth for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November, 2000, state-wide general elec tion, and shall issue the call and conduct that election as provided by general law. The municipal superintendent shall cause the date and purpose of the election to be pub lished once a week for two weeks immediately preceding the date thereof in the official organ of Chatham County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides a homestead exemption from certain City of Port Wentworth ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead that 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 of that city?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall be come of full force and effect on January 1, 2001. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not be come effective and this Act shall be automatically repealed on the first day of January immediately following that election date.

The expense of such election shall be borne by the City of Port Wentworth. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 3.
Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

The report of the Committee, which was favorable to the passage of the Bill, by substi tute, was agreed to.
HB 878. By Representative McCall of the 90th:
A bill to amend an Act creating and incorporating the Town of Rayle, so as to provide for staggered terms for the election of the mayor and councilmembers.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 879. By Representatives Dixon of the 168th and Smith of the 169th:
A bill to amend an Act providing a new charter for the City of Waycross, so as to change provisions relating to the authority of the city commission of the City of Waycross to sell or convey city parks or public squares; to author ize the city commission to sell or convey city parks located outside of the Waycross corporate limits without referendum approval.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 204. By Senator Crotts of the 17th:
A bill to amend an Act reincorporating the City of McDonough, as amended, so as to change the corporate boundaries of said city; to provide for a special election to be conducted by the election superintendent of Henry County with

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the costs thereof paid by the City of McDonough; to provide for effective dates and automatic repeal.

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

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

Alien Anderson Ashe Bailey Bannister Barnard
Barnes
Benefield
Birdsong
Bohannon Bordeaux Borders
Bridges Brooks Brown Buck Buckner Bulloch
Bunn
Burkhalter Byrd Callaway
Campbell
Cash
Channell Childers Clark
Coan Coleman, B Coleman, T Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean
DeLoach, B Y DeLoach, G Y Dix
Dixon Y Dodson Y Dukes Y Ehrhart
Epps
Y Evans Y Everett Y Felton
Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Manner
Harbin Y Harrell
Heard Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Holmes
Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B
Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal
Orrock
Y Parham Y Parrish Y Parsons

Pelote Pinholster Poag Ponder
Porter
Powell
Purcell Ragas Randall Ray Reaves
Reece Reed Reese Reichert Rice Richardson
Roberts Rogers Royal Sanders Sauder
Scarlett
Scheid
Scott Shanahan Shaw
Shipp Sholar Sims Sinkfield Skipper
Smith, B
Smith, C
Smith, C.W Smith, L

Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow Squires Stallings Stancil Stanley, P Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper Tillman Tolbert Trense Turnquest Twiggs Unterman Walker, L Walker, R.L Watson West Westmoreland Whi taker Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

On the passage of the Bills, the ayes were 151, nays 0. The Bills, having received the requisite constitutional majority, were passed.
Pursuant to Rule 52, Representative Martin of the 47th moved that the following Bill of the Senate be engrossed: SB 26. By Senator Burton of the 5th:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Geor gia Annotated, relating to general provisions concerning child custody pro ceedings, so as to provide for consideration of evidence regarding emotional, physical, or psychological abuse; to provide that under certain circumstances the court shall be authorized to order that visitation take place only under supervision.
On the motion, the roll call was ordered and the vote was as follows:

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1295

Alien
Y Anderson Ashe Bailey
Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon
Bordeaux
Y Borders N Bridges
Y Brooks N Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway N Campbell N Cash Y Channell Y Childers Y Clark
Coan
Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox
Crawford
Y Cummings N Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B N DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes N Ehrhart
Epps N Evans Y Everett Y Felton
Floyd N Franklin Y Golick N Graves Y Greene Y Grindley Y Hammontree
Hanner
Y Harbin Y Harrell
Heard Heckstall Y Hegstrom
Hembree
Henson
Y Holland Y Holmes
Houston
Y Howard N Hudgens Y Hudson, H Y Hudson, N

Y Hugley N Irvin Y Jackson, B
Jackson, L
Y James Y Jamieson Y Jenkins Y Jennings Y Jones N Joyce N Kaye Y Lane N Lewis Y Lord Y Lucas Y Maddox N Mann Y Manning Y Martin, J Y Martin, J.L N Massey
Y McBee Y McCall
Y McClinton
Y McKinney
Y Millar
E Mills Y Mobley Y Morris Y Mosley N Mueller
O'Neal Orrock Y Parham Y Parrish Y Parsons

Y Pelote N Pinholster
Poag Y Ponder Y Porter
Powell
Y Purcell Y Ragas Y Randall
Ray Y Reaves Y Reece Y Reed N Reese Y Reichert
Rice N Richardson Y Roberts Y Rogers
Royal N Sanders
Y Sauder
Y Scarlett N Scheid Y Scott Y Shanahan
Shaw Y Shipp
Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C N Smith, C.W Y Smith, L

Smith, L.R Y Smith, P Y Smith, T N Smith, V
Smyre Snelling Y Snow
Y Squires
Y Stallings N Stancil Y Stanley, P Y Stanley-Turner
Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert Y Trense
Turnquest Twiggs Y Unterman Walker, L N Walker, R.L Y Watson Y West N Westmoreland Y Whitaker N Wiles Williams, J Y Williams, R Y Wix Yates
Murphy, Spkr

On the motion, the ayes were 115, nays 29.
The motion prevailed.
The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 94. By Senators Butler of the 55th, James of the 35th, Johnson of the 2nd and others:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance gener ally, so as to prohibit certain individual major medical or group health insur ance policies, group health plans or policies, and all other forms of managed or capitated health care plans or policies from denying or limiting coverage for certain prescription drugs.
SB 141. By Senators Marable of the 52nd, Dean of the 31st and Walker of the 22nd:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to provide for a short title; to provide for legislative findings; to provide definitions; to require health insur ers to provide coverage for a minimum of inpatient care following a mastec tomy or lymph node dissection; to provide for coverage by insurers of postmastectomy and postlymph node dissectomy care.

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SB 163. By Senators Hecht of the 34th, Stair of the 44th, Walker of the 22nd and others:
A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Geor gia Annotated, relating to the offenses of assault and battery, so as to pro vide enhanced penalties for the commission of offenses of simple assault and battery against persons who are 65 years of age or older; to provide a short title.
SB 169. By Senators Hecht of the 34th, Lee of the 29th and Meyer von Bremen of 12th:
A bill to amend Chapter 3 of Title 48 of the Official Code of Georgia Anno tated, relating to tax executions, so as to provide for the transfer of certain tax liens; to provide for the identification of such tax lienholders for purpose of payment by a delinquent taxpayer; to provide for the time at which a transferee of the original transferee of an execution may begin collection of a tax lien.
SB 170. By Senators Madden of the 47th, Huggins of the 53rd and Jackson of the 50th:
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 change the definition of a certain term; to re quire wireless service suppliers to provide certain information to the Georgia Emergency Management Agency; to change provisions regarding the sub scribers from whom a monthly wireless enhanced "911" charge may be collected.
SB 195. By Senators Hill of the 4th, Stokes of the 43rd, Madden of the 47th and others:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Geor gia Annotated, the "Hospital Authorities Law," so as to provide for a short ti tle and legislative intent and findings; to provide for definitions; to provide for the certification of certain rural hospitals for grant eligibility; to provide for the award of grants to certain rural hospitals under certain conditions and for certain purposes.
SB 196. By Senators Hill of the 4th and Jackson of the 50th:
A bill to amend Code Section 15-12-40 of the Official Code of Georgia Anno tated, relating to compilation, maintenance, and revision of jury lists, so as to authorize the use of or reference to certain lists and compilations of citizens of the county.
SB 211. By Senators Thompson of the 33rd, Butler of the 55th, Gingrey of the 37th and Tanksley of the 32nd:
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 sus pension or revocation of licenses of habitually negligent or dangerous drivers and the point system; to change certain provisions relating to seat belt equip ment requirements and safety restraints for children under four years of age.
SB 237. By Senator Jackson of the 50th:
A bill to amend an Act providing for the election of the members of the Board of Education of Union County so as to provide for the compensation of said board members; to provide an effective date.
SB 243. By Senator Thomas of the 10th:
A bill to provide a new charter for the City of Avondale Estates; to provide for the name, corporate boundaries, and powers of the city and the governing authority; to provide for the structure of the government of the city; to pro-

MONDAY, MARCH 8, 1999

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vide for a board of mayor and commissioners and the membership, officers, election, terms, qualifications, vacancies, compensation, and expenses thereof; to prohibit conflicts of interest and holding other offices; to provide for disclo sures and ethics.
HB 412. By Representatives Williams of the 83rd and Unterman of the 84th:
A bill to provide a homestead exemption from City of Snellville ad valorem taxes for city purposes, in the amount of $3,000.00 of the assessed value of the homestead for certain residents of that city who are under 65 years of age and to provide a homestead exemption from City of Snellville ad valorem taxes for city purposes, in the amount of $5,000.00 of the assessed value of that homestead for certain residents of that city who are 65 years of age or over or totally disabled.
HB 700. By Representatives Buck of the 135th, Davis of the 132nd, Smyre of the 136th and others:
A bill to amend an Act establishing the State Court of Muscogee County, so as to provide for the compensation of the solicitor-general and chief assistant solicitor-general of said court.
HB 704. By Representative Channell of the lllth:
A bill to amend an Act creating the Greene County Family Connection Com mission, so as to add a member.
HB 709. By Representative Channell of the lllth:
A bill to amend an Act creating a new charter for the City of Union Point, so as to change the corporate limits of said city.
HB 710. By Representative Channell of the lllth:
A bill to amend an Act providing for a new charter for the Town of Siloam, so as to provide for concurrent terms for the mayor and council members.
HB 711. By Representatives Smith of the 12th and Reece of the llth:
A bill to create the City of Rome Recreational Facilities Authority.
HB 724. By Representative Dixon of the 168th:
A bill to repeal an Act creating a board of commissioners for Ware County; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances.
HB 725. By Representative Dixon of the 168th:
A bill to repeal an Act providing for a new charter for the City of Waycross; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances.
HB 728. By Representative Hanner of the 159th:
A bill to amend an Act entitled "An Act to create the board of commissioners of Webster County," so as to redefine the commissioner districts.
HB 730. By Representatives Brown of the 130th, Epps of the 131st and Smith of the 102nd:
A bill to amend an Act to change the compensation of the coroner of Troup County, so as to change the salary of the coroner; to change the compensa tion of the chief deputy coroner.
HB 753. By Representative Cummings of the 27th:
A bill to amend an Act creating the Cedartown Development Authority, so as to provide for the appointment of additional members of the Authority.
The Senate has passed, by substitute, by the requisite constitutional majority the follow ing bill of the House:

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HB 723. By Representative Dixon of the 168th:
A bill to provide for the unification of the existing governments of the City of Waycross and Ware County; to provide for the creation of the unified govern ment of Waycross-Ware County.
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 57. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A bill to provide for the Georgia Regional Transportation Authority; to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to change certain provisions relating to transit services with local governments; to amend Article 6 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor's planning and development, so as to change certain provisions relating to composition, appointment of members, and meetings of the Governor's Development Council.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Hill of the 4th, Streat of the 19th and Thompson of the 33rd.
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 222. By Senators Thompson of the 33rd, Golden of the 8th, Tanksley of the 32nd and Stokes of the 43rd:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, relating to employment security, so as to enact the "Workforce Rein vestment Act of 1999"; to provide for a new employer rate of contributions; to repeal the drug-free workplace tax reduction; to extend certain sunset provi sions; to extend the sunset provisions of benefit experience and variations from standard rate.
SB 200. By Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd, Madden of the 47th and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to create the Consumers' Insurance Advocate and deputy ad vocate; to provide definitions; to provide powers; to provide for compensation; to provide for entries of appearance; to provide for notice and discovery; to provide for remedies; to provide for employment of consultants, experts, wit nesses, and other employees.
By unanimous consent, the following Bills of the Senate were read the first time and re ferred to the committees:
SB 94. By Senators Butler of the 55th, James of the 35th, 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 gen erally, so as to prohibit certain individual major medical or group health in surance policies, group health plans or policies, and all other forms of man aged or capitated health care plans or policies from denying or limiting coverage for certain prescription drugs.
Referred to the Committee on Insurance.

MONDAY, MARCH 8, 1999

1299

SB 141. By Senators Marable of the 52nd, Dean of the 31st and Walker of the 22nd:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to provide for a short title; to provide for legislative findings; to provide definitions; to require health in surers to provide coverage for a minimum of inpatient care following a mas tectomy or lymph node dissection; to provide for coverage by insurers of postmastectomy and postlymph node dissectomy care.
Referred to the Committee on Insurance.

SB 163. By Senators Hecht of the 34th, Starr of the 44th, Walker of the 22nd and others:
A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the offenses of assault and battery, so as to provide enhanced penalties for the commission of offenses of simple assault and battery against persons who are 65 years of age or older; to provide a short title.
Referred to the Committee on Special Judiciary.

SB 169. By Senators Hecht of the 34th, Lee of the 29th and Meyer von Bremen of the 12th:
A bill to amend Chapter 3 of Title 48 of the Official Code of Georgia Anno tated, relating to tax executions, so as to provide for the transfer of certain tax liens; to provide for the identification of such tax lienholders for purpose of payment by a delinquent taxpayer; to provide for the time at which a transferee of the original transferee of an execution may begin collection of a tax lien.
Referred to the Committee on Ways & Means.

SB 170. By Senators Madden of the 47th, Huggins of the 53rd and Jackson of the 50th:
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 change the definition of a certain term; to require wireless service suppliers to provide certain information to the Geor gia Emergency Management Agency; to change provisions regarding the subscribers from whom a monthly wireless enhanced "911" charge may be collected.
Referred to the Committee on Industry.

SB 195. By Senators Hill of the 4th, Stokes of the 43rd, Madden of the 47th and others:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," so as to provide for a short title and legislative intent and findings; to provide for definitions; to provide for the certification of certain rural hospitals for grant eligibility; to provide for the award of grants to certain rural hospitals under certain con ditions and for certain purposes.
Referred to the Committee on Health & Ecology.

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SB 196. By Senators Hill of the 4th and Jackson of the 50th:
A bill to amend Code Section 15-12-40 of the Official Code of Georgia Anno tated, relating to compilation, maintenance, and revision of jury lists, so as to authorize the use of or reference to certain lists and compilations of citi zens of the county.
Referred to the Committee on Judiciary.
SB 211. By Senators Thompson of the 33rd, Butler of the 55th, Gingrey of the 37th 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 suspension or revocation of licenses of habitually negligent or dangerous drivers and the point system; to change certain provisions relating to seat belt equipment requirements and safety restraints for children under four years of age.
Referred to the Committee on Motor Vehicles.
SB 222. By Senators Thompson of the 33rd, Golden of the 8th, Tanksley of the 32nd and others: A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, relating to employment security, so as to enact the "Workforce Rein vestment Act of 1999"; to provide for a new employer rate of contributions; to repeal the drug-free workplace tax reduction; to extend certain sunset provisions; to extend the sunset provisions of benefit experience and varia tions from standard rate.
Referred to the Committee on Industrial Relations.
SB 237. By Senator Jackson of the 50th: A bill to amend an Act providing for the election of the members of the Board of Education of Union County so as to provide for the compensation of said board members; to provide an effective date.
Referred to the Committee on State Planning & Commi. ity Affairs - Local.
SB 243. By Senator Thomas of the 10th:
A bill to provide a new charter for the City of Avondale Estates; to provide for the name, corporate boundaries, and powers of the city and the gov erning authority; to provide for the structure of the government of the city; to provide for a board of mayor and commissioners and the membership, of ficers, election, terms, qualifications, vacancies, compensation, and expenses thereof; to prohibit conflicts of interest and holding other offices; to provide for disclosures and ethics.
Referred to the Committee on State Planning & Community Affairs - Local.

Representative Mobley of the 69th arose to a point of personal privilege and addressed the House.
Representative Sauder of the 29th arose to a point of personal privilege and addressed the House.
Under the general order of business, established by the Committee on Rules, the follow ing Bill of the House was taken up for consideration and read the third time:

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1301

HB 144. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Smyre of the 136th and Smith of the 175th

A BILL
To make and provide appropriations for the State Fiscal Year beginning July 1, 1999 and ending June 30, 2000; to make and provide such appropriations for the operation of the State Government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, political subdi visions, and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to pro vide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
That the total of $13,291,103,880 is hereinafter appropriated for the State Fiscal Year beginning July 1, 1999 and ending June 30, 2000, as prescribed hereinafter for such fis cal year, from the General Funds of the State, including unappropriated surplus and a revenue estimate of $12,515,000,000 for State Fiscal Year 2000, $775,000 from Insurance Anti-Fraud levies, $500,000 from PSC No-Call Revenues, $83,000,000 from F.Y. 1998 Carry Forward Surplus for Property Tax Relief, $148,828,880 in Indigent Care Trust Fund receipts and $543,000,000 from Lottery proceeds.

PARTI LEGISLATIVE BRANCH

Section 1. F.Y. 2000

Legislative Branch. $29,091,179

For compensation, expenses, mileage, allowances, travel and benefits for members, offi cials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representa tives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legislature and the National Conference of Insurance Legislators and other legis lative organizations, upon approval of the Legislative Services Committee; for member ship in the Marine Fisheries Compact and other Compacts, upon approval of the Legis lative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; pro vided, 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 the space requirements for full-time state agen cies and departments and shall, prior to approval of renovation or reconstruction of leg islative 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 the Legislative Fiscal Office; for the operation of the House Research Office; for compiling, publishing and dis tribution the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code revision; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing services, and other expenses of the Legislative Branch of Government; and for payments to Presi dential 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.

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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 ex penditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards deter mining which are legitimate legislative expenses and which should be paid for from other appropriations.

Section 2. F.Y. 2000

Department of Audits. $24,449,554

PART II JUDICIAL BRANCH

Section 3. F.Y. 2000

Judicial Branch. $120,530,445

PART III EXECUTIVE BRANCH

Section 4. F.Y. 2000

Department of Administrative Services. $40,009,987

Section 5. F.Y. 2000

Department of Agriculture. $42,474,122

Section 6. F.Y. 2000

Department of Banking and Finance. $9,773,189

Section 7. F.Y. 2000

Department of Community Affairs. $27,733,988

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, mu nicipalities, 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 emer gency-type water and sewer projects.

Section 8. F.Y. 2000

Department of Corrections. $843,520,686

Section 9. F.Y. 2000

Department of Defense. $5,663,384

Section 10. F.Y. 2000

State Board of Education. $5,140,710,797

Provided, that the formula calculation for Quality Basic Education funding assumes a base unit cost of $2,053.07. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

MONDAY, MARCH 8, 1999

1303

Provided, that of the above appropriation relative to the 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time during the student instructional day to each interdisciplinary team of teachers re sponsible for instruction in language arts, mathematics, science and social studies, which meet criteria and standards prescribed by the State Board of Education for mid dle school programs.

Section 11. F.Y. 2000

Forestry Commission. $35,123,598

Section 12. F.Y. 2000

Georgia Bureau of Investigation. $58,580,357

Section 13. F.Y. 2000

Office of the Governor. $35,999,314

Section 14. F.Y. 2000

Department of Human Resources. $1,218,565,980

The Department of Human Resources is authorized to calculate all Temporary Assis tance to Needy Families benefit payments utilizing a factor of 66.0% of the standards of need; such TANF payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply:

Number in Asst. Group

Standards of Need

Maximum Monthly Amount

1

$ 235

$ 155

2

356

235

3

424

280

4

500

330

5

573

378

6

621

410

7

672

444

8

713

470

9

751

496

10

804

530

11

860

568

Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nurs ing, 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 Retar dation 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 purchase State hospital services. The balance may be used for community based care in accordance with approved Regional Plans.

Section 15.

Department of Industry, Trade and Tourism.

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F.Y. 2000
Section 16. F.Y. 2000
Section 17. F.Y. 2000
Section 18. F.Y. 2000
Section 19. F.Y. 2000
Section 20. F.Y. 2000

$25,063,924
Office of the Commissioner of Insurance. $15,099,950
Department of Juvenile Justice. $238,498,873
Department of Labor. $21,786,579
Department of Law. $13,925,160
Department of Medical Assistance. $1,392,336,854

The Department of Medical Assistance is authorized to adjust nursing home reimburse ment rates, effective July 1, 1999 using the June 30, 1998 cost reports plus 6.2% DRI inflation.

The Department of Medical Assistance is authorized to increase nursing home intensity factors from 1%, 2% and 3% to 3%, 4% and 5% respectively.

The Department of Medical Assistance is authorized to adjust physician and physician related provider rates by using 90% of the 1997 RBRVS scale.

The Department of Medical Assistance is authorized to adjust inpatient hospital pro vider rates by adding the 1999 DRI inflation factor less a 1% efficiency adjustment to the current DRG payment rates for hospitals.

The Merit System of Personnel Administration is authorized to assess no more than $136 per merit system budgeted position for the cost of departmental operations.

It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for F.Y. 2000 shall not exceed 13.1 percent.

It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for F.Y. 2000 shall not exceed 9.26 percent.

Section 21. F.Y. 2000

Department of Natural Resources. $100,053,126

Provided, that to the extent State Parks and Historic Sites receipts are realized in ex cess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50% of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks' parking pass implemented by the Department.

Section 22. F.Y. 2000

Department of Public Safety. $117,945,091

Section 23.

Public School Employees' Retirement System.

MONDAY, MARCH 8, 1999

1305

F.Y. 2000
Section 24. F.Y. 2000
Section 25. F.Y. 2000

$17,642,000
Public Service Commission. $9,109,513
Regents, University System of Georgia. $1,593,427,836

The Board of Regents is authorized to transfer other object class surpluses to Personal Services for the sole purpose of establishing a health benefit reserve in the amount not to exceed twenty percent of total benefit payments for the fiscal year to which this ap propriation act applies. Such transfers shall not require approval of either the Office of Planning and Budget or the Fiscal Affairs Subcommittee.

Of the above Lottery Funds, $15,000,000 from the Equipment, Technology and Construc tion Trust Fund shall be used to match public and private grants to public colleges and universities. The Board of Regents shall allocate a minimum of $3,000,000 for educa tional and agricultural purposes to activities that comprise Budget Unit "B" - Regents Central Office and Other Organized Activities.

Section 26. F.Y. 2000

Department of Revenue. $181,034,312

Section 27. F.Y. 2000

Secretary of State. $32,405,292

Section 28. F.Y. 2000

Soil and Water Conservation Commission. $2,185,179

Section 29. F.Y. 2000

Georgia Student Finance Commission. $2637867,268

Section 30. F.Y. 2000

Teachers' Retirement System. $9,644,063

It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 11.49% for S.F.Y. 2000.

Section 31. F.Y. 2000

State Board of Technical and Adult Education. $265,824,593

Section 32. F.Y. 2000

Department of Transportation. $573,397,184

For this and all future general appropriations acts, it is the intent that the following provisions apply:

(a) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary au thorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services.

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(b) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years subject to the ap proval 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 re funds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in this Section in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax appropriations.

(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 depart ment-owned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.

It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt services on existing or new general 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 33. F.Y. 2000

Department of Veterans Service. $19,609,330

Section 34. F.Y. 2000

State Board of Workers' Compensation. $11,446,423

Section 35. F.Y. 2000

State of Georgia General Obligation Debt Sinking Fund. $501,747,662

A. Budget Unit: State General Funds (Issue) Motor Fuel Tax Funds (Issued)

$

320,253,170

35,000,000

$

501,747,662

B. Budget Unit: State General Funds (New) Motor Fuel Tax Funds (New)

$

0

0

$

0

Section 36. Appropriations to the object class "Authority Lease Rentals" shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt sinking funds except for the purpose of paving principal, interest and trustees fees, or for transfer to another sinking fund.

MONDAY, MARCH 8, 1999

1307

Section 37. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equip ment. Each State agency shall also implement procedures to control usage of long dis tance, GIST and credit card telephone calls, in order to mitigate the State's cost therefore.

Section 38. Each and every agency, board, commission, and authority receiving appro priations in the Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop and enforce stringent regula tions relating to the use of motor vehicles owned, leased, or rented by the State, includ ing provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as oth erwise specifically authorized by this body, utilization of State motor vehicles for com muting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicles in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.

The State Auditor shall make the utilization of State motor vehicles, xerographic equip ment and telephone equipment a matter of special interest in future audits to insure strict compliance with the intent of this General Assembly.

Section 39. In accordance with the requirements of Article K, Section VI, Paragraph l(a) 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 lease contracts now in ex istence or as provided for in the Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effec tive date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insuffi cient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount suffi cient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.

Section 40. To the extent to which Federal funds become available in amounts in ex cess 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 operat ing 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.

It is the further intent of this General Assembly that the Office of Planning and Budget utilize its budgetary and fiscal authority so as to accomplish the above-stated intent to the greatest degree feasible; and that at the end of this fiscal year, said Office of Plan ning and Budget provide written notice to members of the Appropriations Committees of

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the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.

Section 41. It is the intent of this General Assembly that each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine the expenditures as contemplated in this Appropriations Act.

Section 42. 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 re quired to make refund of taxes and other monies collected in error, farmers' gasoline tax refund and any other refunds specifically authorized by law.

Section 43. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with federal funds.

Section 44. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recom mendations contained in the Budget Report submitted to the General Assembly for this State fiscal year, except as otherwise specified in this Act; provided, however, the Direc tor of the Budget is authorized to make internal transfers within a budget unit of the Executive Branch between objects, programs, activities and functions subject to the con ditions that no funds whatsoever shall be transferred for use in initiating or commenc ing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the Fiscal Year to which this Appropriations Act applies, and provided, further, that no funds whatso ever shall be transferred between objects without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Commit tees of the Senate and House of Representatives of all instances revealed in the audit in which expenditures by object class of any department, bureau, board, commission, insti tution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expendi tures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such alloca tion until such shall be submitted and approved in the same manner and under the same conditions provided herein before for transfers.

(1) For the purpose of this Section, the term "common" object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Purchases, Publications and Printing, Equipment, Postage, Computer Charges, Real Estate Rentals and Telecommunications.

(2) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount of each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.

(3) It is the further intent that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operat ing bur. get.

MONDAY, MARCH 8, 1999

1309

Section 45. 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 46. The Office of Planning and Budget is hereby directed to economize when ever possible and in the event any part of the appropriations provided in the foregoing Section of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State.

Section 47. Salary Adjustment

$252,827,088.

In addition to all other appropriations for the State Fiscal Year ending June 30, 2000, there is hereby appropriated $252,827,088 for the purposes described herein; 1.) To pro vide a general salary adjustment of 0% to 6% for employees of the Executive Branch with the amount of the appropriation for this purpose determined according to an effec tive date of October 1, 1999 (proposed salary adjustments are in conformance with the GeorgiaGain pay for performance system). 2.) To provide a general salary adjustment of 3% for employees of the Judicial and Legislative branches with the amount of the ap propriation for this purpose determined according to an effective date of October 1, 1999 (proposed salary adjustments are contingent on an employee receiving at least "satisfac tory" or "meets expectations" on his or her annual performance appraisal). 3.) To pro vide for a cost of living adjustment of 3% for each state official (excluding members of the General Assembly) whose salary is set by Act 755 (H.B. 262) of the 1978 General As sembly, as amended, as authorized in said act, Code Section 45-7-4 with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1999. 4.) To provide a cost of living adjustment of 1.5% for members of the General Assembly with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1999. 5.) To provide for a 4% increase in the state base salary on the local teacher salary schedule of the State Board of Education with the amount of this appropriation for this purpose determined according to an effective date of September 1, 1999. 6.) To provide for a 3% 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, 1999. 7.) In addition to the general salary ad justment in item 1, to provide for an additional 1% salary increase for teachers with the Department of Technical and Adult Education with the amount of the appropriation for this purpose, and for the purpose of item 1 as to this group, determined according to an effective date of September 1, 1999, such that the total increase on an annualized basis is 4 percent. 8.) In lieu of item 1 above, to provide a 4% funding level for merit in creases for the Regents faculty and support personnel with the amount of the appropria tion for this purpose determined according to an effective date of July 1, 1999 for non-academic personnel and of September 1, 1999 for academic personnel. 9.) In addi tion to the general salary adjustment in item 1 above, to provide in range salary adjust ments and an additional 5% criteria-based in-range salary adjustment for Peace Officer Standards Training certified personnel in the Juvenile Correctional Officer job class se ries within the Department of Juvenile Justice, with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1999. 10.) In addi tion to the general salary adjustment in item 1 above, to provide supplemental salary adjustments for Department of Corrections employees earning below the GeorgiaGain es tablished target salary levels in the Correctional Officer, Correctional Officer Farm Ser vices, Transfer Officer and Canine Handler job classifications, with the amount of the appropriation for this purpose determined according to an effective date of October 1,

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1999. 11.) In addition to the general salary adjustment in item 1 above, to provide sup plemental salary adjustments for Department of Public Safety employees earning below the GeorgiaGain established target salary levels in the Trooper Cadet, Trooper and Trooper First Class job classifications, and provide a 3% supplemental salary adjustment for Department of Public Safety employees earning at or above the GeorgiaGain target salary level for the Trooper Cadet, Trooper, Trooper First Class, Corporal, Sergeant First Class, First Lieutenant, Captain and Major job classifications, with the amount of the appropriation for these purposes determined according to an effective date of Octo ber 1, 1999. 12.) In addition to the general salary adjustment in item 1 above, to pro vide a 1.5% funding level for salary adjustments for certain positions within the Depart ment of Law, with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1999. 13.) In addition to the general salary adjustment in item 1 above, to provide a supplemental salary adjustment for employees in designated state agencies who successfully complete the primary accounting series of courses offered through the State Financial Management Certificate Program, with the amount of the appropriation for this purpose determined according to the effective date an employee successfully completes this series of courses.

Section 48. F.Y. 2000

TOTAL STATE FUND APPROPRIATIONS $13,291,103,880

Section 49. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 50. All laws and parts of laws in conflict with this Act are repealed. The following Committee substitute was read:

A BILL

To make and provide appropriations for the State Fiscal Year beginning July 1, 1999, and ending June 30, 2000; 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 undertak ings 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, 1999, and ending June 30, 2000, as prescribed hereinafter for such fis cal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves and a revenue estimate of $12,516,275,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 2000.

PARTI. LEGISLATIVE BRANCH

Section 1. General Assembly. Budget Unit: General Assembly..........................................................$
Personal Services - Staff...............................................................$ Personal Services - Elected Officials...........................................$ Regular Operating Expenses........................................................$

31,091,179 16,043,850 4,005,281 2,581,216

MONDAY, MARCH 8, 1999

1311

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

109,500 7,000 0
542,140 305,000 2,980,000
5,000 665,000 140,036
2,474,356 100,000
1,132,800 31,091,179 31,091,179

Senate Functional Budgets

Total Funds

State Funds

Senate and Research Office Lt. Governor's Office Secretary of the Senate's
Office Total

4,872,138 933,026

$

1,248,966

7,054,130

4,872,138 933,026
1,248,966 7,054,130

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

$

10,760,288

$

452,460

$

1,509,989

$

12,722,737

10,760,288 452,460
1,509,989 12,722,737

Joint Functional Budgets

Total Funds

State Funds

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility
Oversight Committee Total

$

3,135,578

$

2,292,904

$

1,130,100

$

4,331,516

$

424,214

$

11,314,312

3,135,578 2,292,904 1,130,100 4,331,516
424,214 11,314,312

For compensation, expenses, mileage, allowances, travel and benefits for members, offi cials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representa tives; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legis lative organizations, upon approval of the Legislative Services Committee; for member ship in the Marine Fisheries Compact and other compacts, upon approval of the Legisla tive Services Committee; for the maintenance, repair, construction, reconstruction,

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furnishing and refurbishing of space and other facilities for the Legislative Branch; pro vided, 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 legisla tive office space, consider the most efficient and functional building designs used for of fice space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fis cal 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 provi sions 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 ex penditure 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 to wards 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 ..................................................................$

26,729,258 20,333,425
708,940 601,000 174,624
20,000 967,359
87,000 3,626,910
210,000 26,729,258 26,729,258

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

106,721,010 14,570,051 88,775,255 3,042,892 1,733,421 41,000 500,000 745,995 109,408,614 106,721,010

MONDAY, MARCH 8, 1999

1313

Judicial Branch Functional Budgets

Total Funds

State Funds

Supreme Court Court of Appeals Superior Court - Judges Superior Court - District
Attorneys Juvenile Court Institute of Continuing Judicial
Education Judicial Council Judicial Qualifications
Commission Indigent Defense Council Georgia Courts Automation
Commission Georgia Office Of
Dispute Resolution Total

$

7,466,962

9,707,048

40,782,565

34,938,679 1,374,764

897,312 5,803,270

206,755 4,900,000

3,030,749

300,510 109,408,614

$

6,748,774

$

9,657,048

$

40,782,565

$

33,398,066

$

1,323,064

$

897,312

$

5,700,000

$

206,755

$

4,900,000

$

2,806,916

$

300,510

$ 106,721,010

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

40,120,426 61,123,843 12,251,749
504,767 819,086 1,850,908 1,149,187 4,230,693 378,031 2,549,760 11,055,372
0 0
0
855,719 58,080,300
433,484 17,939,840
522,500 35,000 48,500 75,000 232,500 174,136,239 40,120,426

Departmental Functional Budgets

Total Funds

State Funds

Administration

11,322,730

3,321,269

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Statewide Business Services General Support Services Information Technology State Properties Commission Office of the Treasury State Office of Administrative
Hearings Total

7,577,161 29,678,289 119,109,752
531,881 1,615,457
4,300,969 174,136,239

4,215,181 232,500
27,527,357 531,881 262,697
4,029,541 40,120,426

B. Budget Unit: Georgia Building Authority .....................................$ Personal Services...........................................................................$ Regular Operating Expenses........................................................$ Travel..............................................................................................$ Motor Vehicle Purchases...............................................................$ Equipment...................................................................................... $ Computer Charges.........................................................................$ Real Estate Rentals ......................................................................$ Telecommunications ......................................................................$ Per Diem, Fees and Contracts .....................................................$ Capital Outlay ...............................................................................$ Utilities...........................................................................................$ Contractual Expense .....................................................................$ Facilities Renovations and Repairs .............................................$ Total Funds Budgeted...................................................................$ State Funds Budgeted ..................................................................$

0 21,087,123 14,502,829
67,000 200,000 118,000 330,000
15,071 269,416 485,000
0 0 0 0 37,074,439 0

Departmental Functional Budgets

Total Funds

State Funds

Administration Operations Security Sales Van Pool Total

11,803,279 11,860,305 6,481,105 4,380,821
383,148 37,074,439

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

38,701,156 32,924,013 4,270,108
1,060,000 352,000 430,673 667,341 814,475 412,585
1,109,741 983,240
3,127,000
2,917,923 275,000 35,000 175,000

MONDAY, MARCH 8, 1999

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.......................................

Departmental Functional Budgets

Total Funds

Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Total

8,691,858 15,984,800 5,948,879 7,347,720 3,667,227 8,128,734
696,171 50,465,389

B. Budget Unit: Georgia Agrirama Development Authority...............................................
Personal Services...................................................... Regular Operating Expenses................................... Travel......................................................................... Motor Vehicle Purchases.......................................... Equipment................................................................. Computer Charges.................................................... Real Estate Rentals ................................................. Telecommunications ................................................. Per Diem, Fees and Contracts................................ Capital Outlay.......................................................... Goods for Resale....................................................... Total Funds Budgeted.............................................. State Funds Budgeted.............................................

Section 6. Department of Banking and Finance. Budget Unit: Department of Banking and
Finance...................................................... Personal Services...................................................... Regular Operating Expenses................................... Travel......................................................................... Motor Vehicle Purchases.......................................... Equipment................................................................. Computer Charges.................................................... Real Estate Rentals ................................................. Telecommunications ................................................. Per Diem, Fees and Contracts................................ Total Funds Budgeted.............................................. State Funds Budgeted .............................................

1315
721,290 0
150,000 0
40,000 0
50,465,389 38,701,156
State Funds
7,910,858 12,852,665 2,273,879 7,160,720 3,537,527 4,884,514
80,993 38,701,156
0 989,790 197,000
3,000 0
5,000 9,500
0 7,500 44,500 125,000 120,000 1,501,290
0
10,043,364 8,238,933
476,873 403,199 112,380 21,022 276,896 422,730 77,896
13,435 10,043,364 10,043,364

1316

JOURNAL OF THE HOUSE

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, Pees and Contracts.....................................................! Computer Charges.........................................................................! Telecommunications ......................................................................$ Capitol Felony Expenses...............................................................! Contracts for Regional Planning and
Development...............................................................................! Local Assistance Grants...............................................................! Appalachian Regional Commission Assessment.........................! HUD - Community Development Block
Pass thru Grants ......................................................................! Payment to Georgia Environmental Facilities
Authority.....................................................................................! Community Service Grants ..........................................................$ Home Program...............................................................................! ARC-Revolving Loan Fund...........................................................! Local Development Fund..............................................................! Payments to Georgia Music Hall of Fame..................................! Payment to State Housing Trust Fund ......................................$ Payments to Sports Hall of Fame ...............................................$ Regional Economic Business Assistance Grants........................! State Commission on National and Community
Service.........................................................................................! EZ/EC Administration..................................................................! EZ/EC Grants................................................................................! Regional Economic Development Grants....................................! Contracts for Homeless Assistance..............................................! HUD Section 8 Rental Assistance...............................................! Total Funds Budgeted...................................................................! State Funds Budgeted ..................................................................$

37,498,780 19,345,106 2,505,576
520,883 0
384,214 1,451,218
976,060 703,735 517,228
0
1,861,948 9,612,600
133,355
30,000,000
2,409,660 5,000,000 2,717,047
0 617,500
0 3,281,250
891,864 4,963,750
0 189,073
0 1,128,125 1,250,000 50,000,000 140,460,192 37,498,780

Departmental Functional Budgets

Total Funds

State Funds

Executive Division Planning and Management
Division Business and Financial
Assistance Division Housing and Finance Division Accounting, Budgeting and
Personnel Division Rental Assistance Division Administrative and Computer
Support Division Georgia Music Hall of Fame
Division Community Service Division

10,699,970
3,722,651
38,740,982 7,604,642
5,182,559 55,269,254
2,979,633
1,870,663 10,638,929

!

10,335,111

!

3,486,239

!

7,212,436

!

2,717,047

!

3,826,176

!

0

!

1,713,611

!

916,894

!

3,670,643

MONDAY, MARCH 8, 1999

External Affairs Division Total

3,750,909 140,460,192

Section 8. Department of Corrections. A. Budget Unit: Administration, Institutions
and Probation........................................ Personal Services...................................................... Regular Operating Expenses................................... Travel......................................................................... Motor Vehicle Purchases.......................................... Equipment................................................................. Computer Charges.................................................... Real Estate Rentals................................................. Telecommunications................................................. Per Diem, Fees and Contracts................................ Capital Outlay.......................................................... Utilities...................................................................... Court Costs............................................................... County Subsidy......................................................... County Subsidy for Jails ......................................... County Workcamp Construction Grants................ Central Repair Fund................................................ Payments to Central State Hospital
for Meals................................................................ Payments to Central State Hospital
for Utilities............................................................ Payments to Public Safety for Meals..................... 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.............................................

Departmental Functional Budgets

Total Funds

Executive Operations Administration Human Resources Field Probation Facilities Total

$

45,833,131

$

13,103,080

$

8,289,857

$

65,603,759

$ 720,269,540

$ 853,099,367

B. Budget Unit: Board of Pardons and Paroles .........................
Personal Services............................ Regular Operating Expenses......... Travel............................................... Motor Vehicle Purchases................ Equipment....................................... Computer Charges..........................

1317
3,620,623 37,498,780

830,596,563 533,226,727 67,134,602
2,708,112 1,924,730 4,115,691 5,662,854 6,440,280 6,981,150 71,458,015
0 23,740,732
1,300,000 28,980,363 6,550,695
0 1,093,624
3,882,700
1,556,055 577,160
1,527,120 82,911,892
66,621
366,244 894,000 853,099,367 450,000
0 830,596,563

State Funds

$

45,326,131

$

12,803,080

$

8,289,857

$

65,123,759

$ 699,053,736

$ 830,596,563

47,142,156 36,931,870
1,697,625 555,000 230,000 190,000 591,200

1318

JOURNAL OF THE HOUSE

Real Estate Rentals ......................................................................$ Telecommunications ......................................................................$ Per Diem, Fees and Contracts.....................................................$ County Jail Subsidy......................................................................$ Health Services Purchases ...........................................................$ Total Funds Budgeted...................................................................$ State Funds Budgeted ..................................................................$

3,038,958 965,000
2,062,003 860,500 20,000
47,142,156 47,142,156

Section 9. Department of Defense. Budget Unit: Department of Defense .................................................$
Personal Services...........................................................................$ Regular Operating Expenses........................................................$ Travel..............................................................................................$ Motor Vehicle Purchases...............................................................$ Equipment......................................................................................$ Computer Charges.........................................................................$ Real Estate Rentals ......................................................................$ Telecommunications......................................................................^ Per Diem, Fees and Contracts.....................................................$ Capital Outlay ...............................................................................$ Total Funds Budgeted...................................................................$ State Funds Budgeted ..................................................................$

5,710,952 11,598,664 10,572,014
42,375 0
12,000 58,625 24,400 68,973 574,768
0 22,951,819 5,710,952

Departmental Functional Budgets

Total Funds

State Funds

Office of the Adjutant General Georgia Air National Guard Georgia Army National
Guard Total

$

2,017,079

$

6,060,043

$

14,874,697

$

22,951,819

$

1,760,838

$

832,997

$

3,117,117

$

5,710,952

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

4,868,743,039
37,756,722 5,096,140 1,174,447
25,000 136,347 8,638,987 1,180,937 2,164,455 61,008,026 793,952
0
1,207,717,604 1,024,532,289
423,320,688 201,251,337 152,478,735 531,529,744
95,577,343 101,175,144

MONDAY, MARCH 8, 1999
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..............................................................................$ Year 2000 Project Funding...........................................................$ 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................................................................$

1319
36,219,560 130,542,641 789,647,808 147,308,728 (869,897,158)
0 0
246,132,702 3,158,000 24,759,565 95,808,332 94,995,971 620,134 27,274,036
235,850,010 5,508,750 54,732,103 1,900,000
48,483,699 188,375,722 34,305,400
4,962,356
0 10,547,577 3,640,677 28,971,520 3,884,639 3,693,967 12,951,406
293,520 2,907,636
756,500 0
1,033,871 89,190,742
9,913,513
17,650,639 749,301
1,690,215 500,000
11,625,943 4,632,785 1,227,493 5,042,895 1,047,000
99,547,892 18,774,732
1,250,000 1,608,000
382,597

1320

JOURNAL OF THE HOUSE

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...................

4,340,000 1,689,931 24,065,037
267,333 100,000 8,500,000 500,000 1,164,604 15,401,836 274,395 5,546,064,452
0 4,868,743,039

Departmental Functional Budgets

Total Funds

State Funds

State Administration

$

11,429,778

$

Student Learning and Assessment

$ 49,855,132

$

Governor's Honors Program

$

1,312,957

$

Quality and School Support

$

8,370,618

$

Federal Programs

$

7,398,063

$

Technology

$

19,746,628

$

Professional Practices

$

0

$

Local Programs

$ 5,428,439,439

$

Georgia Academy for the Blind

$

5,903,132

$

Georgia School for the Deaf

$

5,003,883

$

Atlanta Area School for the Deaf

$

5,984,413

$

Office of School Readiness

$

2,620,409

$

Total

$ 5,546,064,452

$

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

9,434,895 44,000,599
1,235,368 6,082,056
417,491 18,350,534
0 4,772,830,173
5,492,445 4,764,356 5,503,671
631,451 4,868,743,039
266,320,328 217,584,428
2,051,953 5,148,630
0 0 0 858,000 436,000 0 0 4,500,000 0 2,500,000 33,241,317 266,320,328 266,320,328

Section 11. Employees' Retirement System. Budget Unit: Employees' Retirement System....................................$
Personal Services...........................................................................$ Regular Operating Expenses........................................................$ Travel..............................................................................................$ Motor Vehicle Purchases...............................................................$ Equipment...................................................................................... $ Computer Charges.........................................................................$

0 2,544,600
235,100 22,000
0 1,450 556,432

MONDAY, MARCH 8, 1999

1321

Real Estate Rentals ......................................................................$ Telecommunications ......................................................................$ Per Diem, Fees and Contracts.....................................................$ Benefits to Retirees.......................................................................$ Total Funds Budgeted...................................................................$ State Funds Budgeted ..................................................................$

327,900 44,001 1,458,150
0 5,189,633
0

Section 12. Forestry Commission. Budget Unit: Forestry Commission.....................................................$
Personal Services...........................................................................$ Regular Operating Expenses........................................................$ Travel..............................................................................................$ Motor Vehicle Purchases...............................................................$ Equipment................................................................. .................,...$ Computer Charges.........................................................................$ Real Estate Rentals ......................................................................$ Telecommunications ......................................................................$ Per Diem, Fees and Contracts .....................................................$ Ware County Grant.......................................................................$ Ware County Grant for Southern Forest World.........................$ Ware County Grant for Road Maintenance................................$ Capital Outlay ...............................................................................$ Total Funds Budgeted...................................................................$ State Funds Budgeted ..................................................................$

35,339,575 29,252,392 5,582,572
181,318 1,399,402 1,629,299
276,500 22,824 1,173,956 979,067
0 28,500 60,000
0 40,585,830 35,339,575

Departmental Functional Budgets

Total Funds

State Funds

Reforestation Field Services General Administration
and Support Total

$

1,998,211

$

34,322,210

$

4,265,409

$

40,585,830

$

0

$

31,242,321

$

4,097,254

$

35,339,575

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

58,645,843 42,621,802
6,178,956 433,879 322,360
3,271,595 677,600 380,645
1,021,479 3,313,860
423,667 0
58,645,843 58,645,843

Departmental Functional Budgets

Total Funds

State Funds

Administration

$

4,707,622

$

4,707,622

1322

JOURNAL OF THE HOUSE

Investigative Georgia Crime Information Center Forensic Sciences Total

24,631,420 9,909,646 19,397,155 58,645,843

24,631,420 9,909,646 19,397,155 58,645,843

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.............................................................................$ Flood - Contingency ......................................................................$ Total Funds Budgeted...................................................................$ State Funds Budgeted ..................................................................$

34,742,806 17,370,945
1,082,043 271,569 30,000 89,109 461,884
1,164,007 500,904
6,931,012 3,804,630
40,000 3,000,000
148,913 4,000,000
274,194 275,000
0 250,000 2,183,750 100,000 684,400 1,085,000
0 57,000
0 0 43,804,360 34,742,806

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

6,993,543 1,081,392 10,905,986 5,413,589 3,842,308
397,780
1,688,327
3,046,231 310,526
4,637,983
5,486,695

6,993,543 778,421
10,905,986 4,745,744 3,644,308
397,780
253,891
581,868 310,526 4,637,983
1,492,756

MONDAY, MARCH 8, 1999

Services Total

0 43,804,360

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...................... Operating Expenses ...................................................... Total Funds Budgeted................................................... Indirect DOAS Services Funding................................. State Funds Budgeted ..................................................

Departmental Functional Budgets

Total Funds

Commissioner's Office Office of Planning and Budget
Services Office of Adoption Children's Community Based
Initiative Troubled Children's Placements Human Resources Development Rural Health 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 Transportation Services Indirect Cost Policy and Government Services Aging Services State Health Planning Agency DD Council

1,082,613
4,052,605 8,103,846
8,481,775 47,486,389
1,286,997 128,654
84,791,624 5,583,274
618,322 3,338,501 11,174,356 6,509,167 6,573,202 1,944,641 6,941,426 10,332,824
0 1,309,326 72,142,542 1,697,137 1,599,720

1323
0 34,742,806

1,212,388,694
76,791,873 3,116,580 1,721,500 1,573,678
147,113 4,760,560 10,487,977 45,394,606 10,749,074
0 47,486,389 57,438,854
123,714 835,252 24,551,771
0 0 285,178,941 0 163,245,749

State Funds

$

1,082,613

$

4,052,605

$

5,752,302

$

8,106,775

$

34,335,726

$

1,286,997

$

128,654

$

47,710,153

$

4,333,778

$

608,322

$

3,311,932

$

5,516,440

$

2,358,512

$

5,471,207

$

1,944,641

$

6,938,960

$

782,820

$ (15,163,967)

$

1,309,326

$

41,731,652

$

1,597,137

$

49,164

1324

JOURNAL OF THE HOUSE

Total

$ 285,178,941

$ 163,245,749

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

49,414,385 75,185,904
845,166 0
195,367 1,322,100 5,147,854
12,050 988,294 280,732 17,830,389 143,048,386
0 190,382 4,222,222 298,683,231
0 161,717,817

Departmental Functional Budgets

Total Funds

State Funds

District Health Administration Newborn Follow-Up Care Oral Health Stroke and Heart Attack Preven tion 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 Vital Records Health Services Research Environmental Health Laboratory Services

12,816,258 1,425,002 1,745,487
2,116,458 4,712,984
4,959,151 3,146,446 10,962,598
83,949,776 72,740,052 13,265,537 3,626,028
1,554,273 1,940,105 1,594,604 5,804,002
831,569 762,501 2,651,778 221,683 151,788 4,306,752 2,002,465 447,117 1,984,036 550,890 1,992,611 6,864,504

$

12,689,323

$

1,146,899

$

1,420,312

$

1,003,846

$

3,946,165

$

4,959,151

$

1,068,137

$

5,874,143

$

0

$

71,773,022

$

6,579,711

$

2,275,315

$

1,446,011

$

1,365,365

$

0

$

4,293,798

$

643,118

$

510,796

$

1,159,835

$

221,683

$

151,788

$

4,306,752

$

1,727,240

$

304,479

$

1,726,751

$

550,890

$

1,480,738

$

6,594,504

MONDAY, MARCH 8, 1999

Community Health Management AIDS Drug and Clinic Supplies Adolescent Health Public Health - Planning Councils Early Intervention Public Health - Division
Indirect Cost Total

$

180,323

$

12,036,066

$

10,478,458

$

13,285,075

$

161,376

$

13,415,478

$

0

$ 298,683,231

3. Rehabilitation Services Budget: Personal Services................................... Regular Operating Expenses................ Travel...................................................... Motor Vehicle Purchases....................... Equipment.............................................. Real Estate Rentals .............................. Per Diem, Fees and Contracts ............. Computer Charges................................. Telecommunications .............................. Case Services ......................................... Special Purpose Contracts..................... Purchase of Services Contracts............. Major Maintenance and Construction.. Utilities.................................................... Postage..................................................... Total Funds Budgeted............................ Indirect DOAS Services Funding.......... State Funds Budgeted...........................

Departmental Functional Budgets

Total Funds

Vocational Rehabilitation Services Independent Living Employability Services Community Facilities Program Direction and Support Grants Management Disability Adjudication Georgia Factory for Blind Roosevelt Warm Springs
Institute Total

61,389,905 768,949 511,903
10,471,695 1,654,280 744,540
46,300,763 11,950,087
28,089,555 161,881,677

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..................................

1325
180,323 7,553,298 2,351,130 2,934,063
143,879 11,060,251
(1,724,899) 161,717,817
82,723,707 11,510,741 1,567,496
50,582 750,000 5,157,160 10,786,199 302,541 2,360,907 32,289,559 735,245 11,883,883 255,000 859,650 649,007 161,881,677
0 24,261,826

State Funds

$

13,273,222

$

333,969

$

511,903

$

2,851,205

$

578,214

$

744,540

$

0

$

620,087

$

5,348,686

$

24,261,826

21,295,564 4,116,014 802,623 0 443,950 3,695,697
27,108,035 0
1,096,679 3,994,546

1326

JOURNAL OF THE HOUSE

Cash Benefits............................................ Special Purpose Contracts....................... Service Benefits for Children.................. Purchase of Service Contracts ................ Postage....................................................... Grants to County DFACS - Operations. Total Funds Budgeted.............................. Indirect DOAS Services Funding............ State Funds Budgeted.............................

Departmental Functional Budgets

Total Funds

Director's Office Social Services Administrative Support Quality Assurance Community Services Field Management Human Resources Management Public Assistance Child Support Enforcement 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 County DFACS Operations Child Support Enforcement 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

559,813 3,818,003 2,797,983 4,268,011 11,691,238 1,385,470 2,472,657 5,038,567 40,177,563
213,387,764 1,122,012 2,795,420 7,223,130
121,833,642
100,951,770 3,190,752
8,729,436
70,532,471
22,997,360
24,985,488 45,257,515
4,290,503 37,090,262 15,693,415
6,646,142 20,580,529 10,044,785 173,320,622
3,711,923 3,994,546
0 970,588,792

223,678,326 6,887,433
289,385,339 36,016,860 2,037,559 350,030,167 970,588,792 0 354,833,970

State Funds

$

559,813

$

3,305,962

$

2,518,680

$

4,268,011

$

1,410,865

$

1,385,470

$

1,466,866

$

3,142,457

$

1,420,269

$

48,247,444

$

1,122,012

$

0

$

0

$

59,461,625

$

38,080,311

$

0

$

2,610,742

34,510,343

8,588,393

8,495,066 15,861,742 2,520,990 24,220,275 11,320,907 5,798,815 14,684,273 8,218,081 53,486,937 3,671,923 3,994,546 (9,538,848) 354,833,970

MONDAY, MARCH 8, 1999

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 Augusta Regional Hospital 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 Substance Abuse Residential
Services Community Mental Health
Services Community Mental Retardation
Services Community Substance Abuse
Services State Administration Regional Administration Total

36,347,357 15,860,657
27,310,352
41,527,859 118,240,474
17,390,741
48,126,573 19,800,645 3,912,528 1,114,714
556,807
175,915,767
99,278,005
80,933,331 9,686,653 5,091,693
701,094,156

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..............

1327

282,697,968 52,657,744
200,000 10,063,915
1,962,161 353,512,368 701,094,156
0 508,329,332

State Funds

$ 21,556,645

$

13,972,265

$

18,075,566

$ 34,105,320 $ 74,904,490

$ 16,474,512

$ 20,220,948

$ 17,645,571

$

2,993,874

$

978,198

$

0

$ 169,984,636

$ 68,105,526

$ 38,384,094

$

6,616,594

$

4,311,093

$ 508,329,332

512,923,497 93,929,239 4,936,785
1,824,260 1,536,430 14,935,517 53,530,065 45,709,197 15,194,954 52,657,744 353,512,368 32,289,559 3,994,546

1328

JOURNAL OF THE HOUSE

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

223,678,326 7,903,410
336,871,728 123,169,986 143,048,386
2,340,875 10,923,565 3,712,200 24,551,771 350,030,167 4,222,222

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 ..................................................................$
Departmental Functional Budgets

34,027,154 11,245,897
1,442,492 552,389 45,000 93,724 407,136 844,245 419,215
10,566,887 250,600
8,109,569 0 0
50,000 0
34,027,154 34,027,154

Total Funds

State Funds

Administration Economic Development Trade Tourism Georgia Legacy Strategic Planning and
Research
Total

8,830,585 15,279,582
1,806,092 4,415,655
945,369
2,749,871 34,027,154

$

8,830,585

$

15,279,582

$

1,806,092

$

4,415,655

$

945,369

$

2,749,871

$

34,027,154

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.............

15,080,379 13,971,673
683,241 371,713
95,000 34,275 146,378 784,991 317,912 144,658

MONDAY, MARCH 8, 1999

1329

Health Care Utilization Review.. Total Funds Budgeted.................. State Funds Budgeted.................

16,549,841 15,080,379

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

4,583,739 5,576,137
595,906
5,058,822 735,237
16,549,841

4,583,739 5,576,137
595,906
3,589,360 735,237
15,080,379

Section 18. Department of Juvenile Justice. Budget Unit: Department of Juvenile
Justice............................................................................. $ Personal Services...........................................................................$ Regular Operating Expenses........................................................$ Travel..............................................................................................$ Motor Vehicle Purchases...............................................................$ Equipment...................................................................................... $ Computer Charges.........................................................................$ Real Estate Rentals ......................................................................$ Telecommunications ......................................................................$ Per Diem, Fees and Contracts.....................................................$ Utilities...........................................................................................$ Institutional Repairs and Maintenance ......................................$ Grants to County-Owned Detention Centers .............................$ Service Benefits for Children.......................................................$ Purchase of Service Contracts .....................................................$ Capital Outlay ...............................................................................$ Juvenile Justice Reserve...............................................................$ Total Funds Budgeted...................................................................$ State Funds Budgeted ..................................................................$

238,633,573 139,206,962 14,342,614
1,346,330 291,576 512,674
2,565,688 1,983,856 1,663,368 19,453,449 3,678,520
652,485 0
25,510,225 33,981,143
0 0 245,188,890 238,633,573

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

51,434,869 18,484,459 11,462,808 6,913,839 7,807,985 16,656,708 29,246,097 11,913,992 22,447,776
521,190 1,126,137 26,326,599
0

49,827,791 17,802,697 10,956,378 6,663,855 7,487,613 15,988,618 28,415,922 11,553,992 22,185,281
521,190 1,126,137 25,368,266
0

1330

JOURNAL OF THE HOUSE

Law Enforcement Office Assessment and Classification Multi-Service Centers Youth Services Administration Office of Training Total

2,463,303 556,495
4,044,715 32,243,570
1,538,348 245,188,890

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

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

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

2,463,303 556,495
3,954,715 32,222,972
1,538,348 238,633,573
11,851,579 79,189,194 6,580,372
1,419,181 0
413,385 2,179,103 1,920,544 1,759,042 54,500,000 5,407,607
0 1,287,478
0 154,655,906 11,851,579
14,250,119 13,546,530
717,235 199,322 21,000
17,350 305,201 826,548 162,924 16,160,000 147,000 32,103,110 14,250,119
1,218,933,900 20,492,880 5,761,605 323,200 0 59,000 40,793,240 922,375 609,000 116,415,320
3,233,055,580 1,097,500
3,419,529,700 1,218,933,900

MONDAY, MARCH 8, 1999

1331

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office Benefits, Penalties and
Disallowances
System Management Indemnity Chronic Care Quality, Eligibility and Third
Party Liability Reimbursement Services Indemnity Acute Care Legal and Regulatory Managed Care General Administration Total

1,843,475
3,233,055,580 47,273,828 6,443,759
3,145,003 3,658,981 7,389,034 7,509,086 57,147,028 52,063,926 3,419,529,700

$

848,751

$ 1,166,631,353

$

14,443,209

$

2,423,267

$

1,395,388

$

1,776,356

$

2,562,743

$

2,996,018

$

23,225,865

$

2,630,950

$ 1,218,933,900

B. Budget Unit: Indigent Trust Fund ................................................$ Per Diem, Fees and Contracts .....................................................$ Benefits...........................................................................................$ Total Funds Budgeted...................................................................$ State Funds Budgeted ..................................................................$

148,828,880 8,200,000
360,067,504 368,267,504 148,828,880

C. Budget Unit: PeachCare for Kids...................................................$ Personal Services...........................................................................$ Regular Operating Expenses........................................................$ Travel..............................................................................................$ Motor Vehicle Purchases...............................................................$ Equipment...................................................................................... $ Computer Charges.........................................................................$ Real Estate Rentals ......................................................................$ Telecommunications ......................................................................$ Per Diem, Fees and Contracts .....................................................$ PeachCare Benefits .......................................................................$ Total Funds Budgeted...................................................................$ State Funds Budgeted ..................................................................$

17,185,405 410,515 120,254 50,000 0 1,155 250,000 0 12,350
5,325,376 55,526,847 61,696,497 17,185,405

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

0 9,339,371 1,871,612
101,147 31,000 903,086 301,559,026 3,411,485 357,867 972,427,057 1,290,001,651
0 1,139,025 10,187,427 1,278,326,826
348,373

1332

JOURNAL OF THE HOUSE

State Funds Budgeted..............................................................

Departmental Functional Budgets

Total Funds

State Funds

Executive Office Human Resource Administration Employee Benefits Internal Administration Children's Health Insurance
Program Total

1,686,254 4,595,126 1,278,817,736 4,902,535

$

0

$ 1,290,001,651

Section 23. Department of Natural Resources. A. Budget Unit: Department of Natural
Resources ....................................................................$ Personal Services...........................................................................$ Regular Operating Expenses........................................................$ Travel.... ..........................................................................................$ Motor Vehicle Purchases...............................................................$ Equipment......................................................................................$ Real Estate Rentals ......................................................................$ Per Diem, Fees and Contracts .....................................................$ Computer Charges.........................................................................$ Telecommunications ......................................................................$ Authority Lease Rentals...............................................................! Advertising and Promotion..........,................................................$ Cost of Material for Resale......... ................................................$ Capital Outlay: New Construction..........................................................................$ Repairs and Maintenance.............................................................$ 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

101,973,564 77,944,823 13,997,653
670,557 1,683,825 2,231,981 2,477,014 7,170,858
774,458 1,318,709
0 675,000 1,285,056
1,763,810 2,831,866
722,330 350,000 1,300,000
74,250 0
500,000
800,000 92,000 0 0
0 0
170,047 207,098
300,000
0 31,000 7,595,077 6,132,574

MONDAY, MARCH 8, 1999

1333

Authority.....................................................................................$ Payments to Mclntosh County.....................................................$ Georgia Regional Transportation Authority ...............................$ Total Funds Budgeted...................................................................$ Receipts from Jekyll Island State Park
Authority.....................................................................................$ Receipts from Stone Mountain Memorial
Association..................................................................................$ Receipts from Lake Lanier Islands
Development Authority .............................................................$ Receipts from North Georgia Mountain
Authority.....................................................................................$ Indirect DOAS Funding................................................................$ State Funds Budgeted ..................................................................$

2,560,268 100,000
1,000,000 137,004,004
892,085
0
2,663,931
1,432,064 200,000
101,973,564

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office Program Support Historic Preservation Parks, Recreation and Historic
Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention
Assistance Total

5,164,512 5,327,568 2,383,253
38,027,741 2,381,129
37,310,690 45,485,030
924,081 137,004,004

$

5,149,512

$

5,327,568

$

1,893,253

$

18,758,993

$

2,256,411

$

31,963,899

$

35,699,847

$

924,081

$ 101,973,564

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 3,032,574 2,200,778
25,000 0
195,000 40,000
0 70,000 795,000
0 6,358,352
0

Departmental Functional Budgets

Total Funds

State Funds

Georgia Agricultural Exposition Authority

$

6,358,352

Section 24. Department of Public Safety. A. Budget Unit: Department of Public
Safety ........................................ 1. Operations Budget:

105,182,805

1334

JOURNAL OF THE HOUSE

Personal Services................................................ Regular Operating Expenses............................. Travel................................................................... Motor Vehicle Purchases.................................... Equipment........................................................... Computer Charges.............................................. Real Estate Rentals........................................... Telecommunications ........................................... Per Diem, Fees and Contracts.......................... State Patrol Posts Repairs and Maintenance., Capital Outlay.................................................... Conviction Reports............................................. Total Funds Budgeted........................................ Indirect DOAS Service Funding....................... State Funds Budgeted .......................................

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.......................................

Departmental Functional Budgets

Total Funds

Administration Driver Services Field Operations Total

$

22,340,771

$

24,509,994

$

59,982,040

$ 106,832,805

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 ..........................

63,490,750 7,721,357 104,095 4,311,500 288,190 3,156,710 28,962 1,944,147 1,132,000 145,100 0 0
82,322,811 1,650,000
80,672,811
19,811,250 1,112,113 61,941 0 62,343 0 47,262 273,300 69,000 0 303,651 34,900 2,734,234
24,509,994 0
24,509,994

State Funds

$

20,840,771

$

24,509,994

$

59,832,040

$ 105,182,805

14,293,300
8,361,713 2,553,964
83,389 80,541 172,746 158,185 160,247 246,973 413,531 2,425,200 3,568,582

MONDAY, MARCH 8, 1999

1335

Capital Outlay.............. Total Funds Budgeted.. State Funds Budgeted.

18,225,071 14,293,300

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

$

3,152,496

$

1,545,122

$

1,164,367

$

1,141,090

$

453,169

$

10,768,827

$

18,225,071

370,725
1,545,122 1,074,367 1,031,090
453,169
9,818,827 14,293,300

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.........................................

18,122,000 575,000
17,547,000 18,122,000 18,122,000

Section 26. Public Service Commission. Budget Unit: Public Service Commission...........................................$
Personal Services...........................................................................$ Regular Operating Expenses........................................................$ Travel..............................................................................................$ Motor Vehicle Purchases...............................................................$ Equipment...................................................................................... $ Computer Charges.........................................................................$ Real Estate Rentals ......................................................................$ Telecommunications ......................................................................$ Per Diem, Fees and Contracts.....................................................$ Total Funds Budgeted...................................................................$ State Funds Budgeted ..................................................................$

8,794,941 8,224,054
599,588 255,400 237,624 58,306 378,286 327,795 220,072 1,334,291 11,635,416 8,794,941

Departmental Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

$

2,745,090

$

4,070,725

$

4,819,601

$

11,635,416

2,745,090 1,503,561 4,546,290 8,794,941

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:

1,359,261,737
1,480,722,132 215,731,047

1336

JOURNAL OF THE HOUSE

Educ., Gen., and Dept. Svcs................................... Sponsored Operations............................................. Special Funding Initiative...................................... Office of Minority Business Enterprise................. Student Education Enrichment Program ............. Forestry Research.................................................... Research Consortium.............................................. Capital Outlay......................................................... Total Funds Budgeted............................................. Departmental Income.............................................. Sponsored Income.................................................... Other Funds............................................................. Indirect DOAS Services Funding........................... State Funds Budgeted............................................
B. Budget Unit: Regents Central Office and Other Organized Activities...............................................
Personal Services: Educ., Gen., and Dept. Svcs................................... Sponsored Operations............................................. Operating Expenses: Educ., Gen., and Dept. Svcs................................... Sponsored Operations............................................. Fire Ant and Environmental Toxicology Research................................................................ Agricultural Research............................................. Advanced Technology Development Center/ Economic Development Institute........................... Capitation Contracts for Family Practice Residency.............................................................. Residency Capitation Grants................................. Student Preceptorships........................................... Mercer Medical School Grant................................ Morehouse School of Medicine Grant.................... Capital Outlay ......................................................... Center for Rehabilitation Technology.................... SREB Payments....................................................... Medical Scholarships............................................... Regents Opportunity Grants.................................. Regents Scholarships.............................................. Rental Payments to Georgia Military College...... CRT Inc. Contract at Georgia Tech Research Institute ................................................................ Direct Payments to the Georgia Public Telecommunications Commission for Operations. Pediatric Residency Capitation Contracts ............ Preventive Medicine Capitation Grants................ Area Health Education Center Contracts............. Total Funds Budgeted............................................. Departmental Income.............................................. Sponsored Income.................................................... Other Funds............................................................. Indirect DOAS Services Funding........................... State Funds Budgeted............................................

371,241,138 637,169,805
34,573,762 988,773 359,498 950,177
4,535,000 100,000
2,746,371,332 103,648,940 852,900,852 427,520,303 3,039,500
1,359,261,737
196,010,991
291,660,514 116,575,795
130,405,473 68,133,453
0 2,621,956
20,333,820
4,347,200 1,950,313
175,000 8,110,000 7,394,890
300,000 5,091,604 5,265,175 1,513,572
600,000 0
1,387,150
179,214
16,266,955 474,240 30,000 500,000
683,316,324 3,576,811
195,411,819 287,773,203
543,500 196,010,991

MONDAY, MARCH 8, 1999

1337

Regents Central Office and Other Organized Activities

Total Funds

State Funds

Marine Resources Extension Center Skidaway Institute of Oceanogra phy 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 Georgia Board for Physician Workforce Georgia Radiation Therapy Center Athens and Tifton Veterinary Laboratories Regents Central Office Total

2,365,080
5,193,610 1,835,029 110,340,199
20,333,820 70,363,220 56,189,729
345,520,479
3,362,737
5,216,774
27,441,204 3,530,821
3,379,641 28,243,981 683,316,324

1,511,730
1,713,153 1,069,836 9,783,760
10,888,996 42,660,240 33,938,851
34,936,355
3,362,737
541,326
27,441,204 0
25,671 28,137,132 196,010,991

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 10,417,545 8,776,118 3,889,958 4,702,234 27,785,855 27,785,855
0

D. Budget Unit: Lottery for Education...............................................$ Equipment, Technology and Construction Trust Fund.......................... .......................................................$ Georgia Public Telecommunications Commission ......................$ Internet Connection Initiative .....................................................$ Special Funding Initiatives ..........................................................$ Total Funds Budgeted...................................................................$ Lottery Funds Budgeted...............................................................$

25,966,000
15,000,000 2,000,000 1,500,000 7,466,000
0 25,966,000

Section 28. Department of Revenue. Budget Unit: Department of Revenue ................................................$
Personal Services...........................................................................$ Regular Operating Expenses........................................................$ Travel..............................................................................................$ Motor Vehicle Purchases...............................................................$ Equipment...................................................................................... $ Computer Charges.........................................................................$

180,815,842 63,935,706 5,194,173
1,137,518 198,605 313,114
11,211,564

1338

JOURNAL OF THE HOUSE

Real Estate Rentals........................................ Telecommunications ........................................ Per Diem, Fees and Contracts....................... County Tax Officials/Retirement and PICA. Grants to Counties/Appraisal Staff............... Motor Vehicle Tags and Decals...................... Postage.............................................................. Investment for Modernization........................ Property Tax Relief......................................... Total Funds Budgeted..................................... Indirect DOAS Services Funding................... State Funds Budgeted....................................

Departmental Functional Budgets

Total 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

20,908,493 5,320,681 9,033,455 17,303,954 8,583,283 17,366,372 8,430,915
87,665,577 4,472,699 20,000 4,469,245 2,619,623
186,194,297

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..............

Departmental Functional Budgets

Total Funds

Internal Administration Archives and Records Business Services - Corporations Business Services - Securities Elections and Campaign Disclosure Drugs and Narcotics State Ethics Commission

4,566,370 5,082,362 2,559,231 2,025,598 4,500,475 1,346,141
336,313

2,914,564 2,872,830 1,201,600 3,422,795
0 2,404,350 3,484,810 4,902,668 83,000,000 186,194,297 3,845,000 180,815,842

State Funds

$

20,908,493

$

5,170,681

$

8,018,255

$

17,163,954

$

8,283,283

$

16,066,372

$

8,430,915

$

85,932,122

$

4,372,699

$

20,000

$

3,829,445

$

2,619,623

$ 180,815,842

29,908,970 18,643,449 3,142,089
235,650 190,720 122,076 3,002,695 2,543,246 805,637 1,627,508 640,900 30,953,970 29,908,970

State Funds

$

4,536,370

$

5,007,362

$

1,839,231

$

1,975,598

$

4,480,475

$

1,346,141

$

336,313

MONDAY, MARCH 8, 1999

1339

State Examining Boards Holocaust Commission Total

10,294,498 242,982
30,953,970

10,144,498 242,982
29,908,970

B. Budget Unit: Real Estate Commission..........................................$ Personal Services...........................................................................$ Regular Operating Expenses........................................................$ Travel..............................................................................................$ Motor Vehicle Purchases...............................................................$ Equipment...................................................................................... $ Computer Charges.........................................................................$ Real Estate Rentals ......................................................................$ Telecommunications ......................................................................$ Per Diem, Fees and Contracts.....................................................$ Total Funds Budgeted...................................................................$ State Funds Budgeted ..................................................................$

2,263,783 1,400,000
175,000 18,000 30,000 7,665
268,033 170,085 62,000 133,000 2,263,783 2,263,783

Departmental Functional Budgets State Funds

Cost of Operations

Real Estate Commission

2,263,783

2,303,783

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..............................................

2,185,179 1,440,390
389,285 39,850 28,914 13,253 10,300 122,258 26,926
415,407 58,846
2,545,429 2,185,179

Section 31. Student Finance Commission. A. Budget Unit: Student Finance Commission..............
Personal Services....................................................... Regular Operating Expenses.................................... Travel.......................................................................... Motor Vehicle Purchases........................................... Equipment.................................................................. Computer Charges..................................................... Real Estate Rentals .................................................. Telecommunications .................................................. Per Diem, Fees and Contracts................................. Payment of Interest and Fees.................................. Guaranteed Educational Loans................................ Tuition Equalization Grants.................................... Student Incentive Grants......................................... Law Enforcement Personnel Dependents' Grants.. North Georgia College ROTC Grants .....................

32,814,183 521,084 22,680 18,600 0 5,500 25,233 59,589 18,691 52,653 0
4,510,455 25,735,636
0 81,700 320,625

1340

JOURNAL OF THE HOUSE

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

65,075 95,000 767,950
0 513,712 32,814,183 32,814,183

Departmental Functional Budgets

Total Funds

State Funds

Georgia Student Finance Authority Georgia Nonpublic Postsecondary
Education Commission Total

32,090,153
724,030 32,814,183

! 32,090,153

!

724,030

$ 32,814,183

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...............................................................!

231,075,489 133,664,540 33,481,035 26,740,907
0 30,936,000
815,562 242,445 3,500,000 1,095,000 600,000 231,075,489 231,075,489

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.................................! H.B. 203 - Teachers' Accrued Sick Leave...................................! Total Funds Budgeted...................................................................! State Funds Budgeted ..................................................................$

9,644,063
'342'300
20,500 0
3,950 971,717 527,355 184,987 329,300
0 3,300,000
215,000 6,129,063 18,351,804 9,644,063

Section 33. Department of Technical and
Adult Education. A. Budget Unit: Department of Technical and
Adult Education.........................................................! Personal Services...........................................................................! Regular Operating Expenses........................................................! Travel..............................................................................................! Motor Vehicle Purchases...............................................................!

247,645,080 7,233,589 598,890 177,380 0

MONDAY, MARCH 8, 1999

1341

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....................................

184,271 784,529 450,787 1,009,682 146,786 15,721,448 5,110,848 1,104,526 7,925,736 330,000 188,816,693 59,151,654 6,038,432 19,094,615 3,497,042 8,524,497 325,901,405 247,645,080

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutional
Programs Total

$

10,585,914

$ 315,315,491 $ 325,901,405

$

7,502,264

$ 240,142,816 $ 247,645,080

B. Budget Unit: Lottery for Education...............................................$ Computer Laboratories and Satellite Dishes-Adult Literacy................................................................$ Capital Outlay ...............................................................................$ Capital Outlay - Technical Institute Satellite Facilities......................................................................$ Equipment-Technical Institutes ...................................................$ Repairs and Renovations - Technical Institutes.....................................................................................$ Total Funds Budgeted...................................................................$ Lottery Funds Budgeted...............................................................$

19,638,183
0 250,000
0 19,388,183
0 19,638,183 19,638,183

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

574,340,175 265,823,678
62,077,029 2,038,150 2,014,565 7,899,810 15,058,380 1,336,773 3,863,919
67,823,518 1,003,427,456
2,241,866 7,993,283
710,855

1342

JOURNAL OF THE HOUSE

Passenger Authority. Total Funds Budgeted.. State Funds Budgeted.

Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

$ 1,137,194,573

$ 236,409,639

$

17,859,379

$

34,627,651

$ 1,426,091,242

General Funds Budget

Planning and Construction Maintenance and Betterments Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways
Activities Total

25,000 0
2,964,324 12,855,699
710,855 16,555,878

Section 35. Department of Veterans Service. Budget Unit: Department of Veterans Service.............
Personal Services...................................................... Regular Operating Expenses.................................... Travel......................................................................... Motor Vehicle Purchases.......................................... Equipment................................................................. Computer Charges.................................................... Real Estate Rentals ................................................. Telecommunications ................................................. Per Diem, Fees and Contracts................................ Operating Expense/Payments to Medical College
of Georgia.............................................................. Regular Operating Expenses for Projects and
Insurance............................................................... Total Funds Budgeted.............................................. State Funds Budgeted..............................................

Departmental Functional Budgets

Total Funds

Veterans Assistance Veterans Nursing
Home-Augusta Total

$

20,361,842

$

8,044,329

$

28,406,171

Section 36. Workers' Compensation Board. Budget Unit: Workers' Compensation Board.......
Personal Services............................................. Regular Operating Expenses.......................... Travel................................................................

337,838 1,442,647,120
574,340,175

State Funds

$ 290,928,991

$ 223,927,654

$

17,299,379

$

33,843,976

$ 566,000,000

25,000 0
2,486,213 5,118,107
710,855 8,340,175
19,996,798 4,753,029
255,086 68,686 0 158,017 9,780
269,784 80,020
14,377,940
7,741,329
692,500 28,406,171 19,996,798

State Funds

$

14,883,773

$ State Funds

$

19,996,798

11,300,104 9,088,318
428,815 126,600

MONDAY, MARCH 8, 1999

1343

Motor Vehicle Purchases...............................................................$ Equipment......................................................................................$ Computer Charges.........................................................................$ Real Estate Rentals ......................................................................$ Telecommunications.....................................................................^ Per Diem, Fees and Contracts .....................................................$ Payments to State Treasury ........................................................$ Total Funds Budgeted...................................................................$ State Funds Budgeted ..................................................................$

0 6,189 347,057 1,189,575 205,048 98,502
0 11,490,104 11,300,104

Section 37. State of Georgia General Obligation
Debt Sinking Fund. A. Budget Unit: State of Georgia General
Obligation Debt Sinking Fund State General Funds (Issued) ......................................................$ Motor Fuel Tax Funds (Issued) ...................................................$
$ B. Budget Unit: State of Georgia General
Obligation Debt Sinking Fund State General Funds (New) .........................................................$ Motor Fuel Tax Funds (New).......................................................$
$

440,043,915 35,000,000 475,043,915
0 0 0

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 rata share for the op eration 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 em ployees of the Court; cost of operating the Superior Courts of the State of Georgia, in cluding 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 sala ries, mileage and other expenses as may be authorized by law for District Attorneys, As sistant 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 Sen tence 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 Chair man of the Judicial Council; cost of operating the Council of Juvenile Court Judges cre ated 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 Ad ministrative 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 Administrative 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 ap proved by the Office of Planning and Budget and the Department of Administrative
Services.

1344

JOURNAL OF THE HOUSE

Provided, that the department shall provide a consolidated report to the General Assem bly by December 31, 1999 of all vehicles purchased or newly leased during Fiscal Year 1999.

Notwithstanding any provision of the law to the contrary, in managing any of the self-insurance funds or insurance programs which are the responsibility of the commis sioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the commis sioner 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 Af fairs. Provided, that the funds appropriated herein to the Georgia Environmental Fa cilities 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 emer gency-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 Alamo
City of Newnan Augusta/Richmond
County
Augusta/Richmond County Board of Education
City of Waynesboro
Augusta/Richmond County Consolidated Government
City of Riverdale Clayton County
Board of Education

Operating funds for the Ocmulgee Regional Library System (Wheeler County Library) in Alamo
Operating funds for Achievers International in Newnan
Operating funds for the following: Beulah Grove Community Resource Center Inc., Lucy C. Laney Museum of Black History, Augusta-Richmond Opportunities Center Inc., Good Hope Social Service Ministry, Inc., CSRA Transitional Center, Inc., and Shiloh Comprehensive Community Center
Purchase equipment for Wilkinson Garden Elementary, Terrace Manor Elementary, and purchase equipment and renovate new wing for Glenn Hills High School in Augusta/ Richmond County
Liberty Square Historic Association beautification and improvement to historic commercial district in Waynesboro
Purchase of the final tract of land adjacent to Ezekiel Harris House
Improvement funds for city park Itemization for the following schools:
$5,000 each to West Clayton Elem., E. W. Oliver Elem., Northcutt Elem., Church St. Elem., and Riverdale Elem. for playground equipment; $10,000 for

$ 25,000 $ 20,000
$ 37,000
$ 30,000 $ 65,000 $ 50,000 $ 10,000

MONDAY, MARCH 8, 1999

City of Lilburn
Gwinnett County Board of Education
City of Cobbtown City of Glennville
Tattnall County Board of Education
Tattnall County Board of Education
Tattnall County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County
City of Gray
Wilkinson County
Jones County
City of Toomsboro City of Danville
City of Centerville
City of Centerville/ Houston County
Lowndes County Board of Education
Lowndes County

North Clayton High (band uniforms); and $10,000 each for operating expenses for Pointe South Middle, North Clayton Middle, Riverdale Middle, and Riverdale High Renovation and equipment Greater Gwinnett Athletic Assoc. Lions Club Park in Lilburn Purchase equipment for Berkmar Diamond Booster Club fast pitch softball at Berkmar High School in Gwinnett County Upgrade softball field in Cobbtown Glennville Recreation Department upgrade fences for 3 fields and building storage for equipment/ supplies Purchase band uniforms and instruments in Tattnall County Instructor for Tattnall County STAR Program Sidewalks from band room to football field in Tattnall County Purchase playground equipment for Riversedge Elementary in Clayton County Computer software for at risk reading students of Suder Elementary in Clayton County Purchase new bleachers for soccer/ softball fields at Lovejoy High School in Clayton County Purchase circulating media table for Kemp Elementary in Clayton County Calvary Refuge Center - operation of emergency shelter and refuge center for misplaced persons in Clayton County Rebuild and repaint fire equipment for Gray Fire Department Repairs to city-county library in Wilkinson To operate Boys and Girls Clubs in Jones County To equip and repair a fire truck Repairs and equipment for the Danville police department Operating funds for the Senior Citizen Building in Centerville Operating expenses for Centerville/ Houston County Fire Department Renovate 4 tennis courts at Lowndes County High School Pave drive and parking area of Boys and Girls Club of Valdosta in Lowndes County

1345
75,000 15,000
25,000 5,000
10,000 10,000 10,000 5,000 7,500 7,500 12,000 10,000
30,000 15,000 15,000 10,000 10,000 50,000 25,000 25,000 25,000 15,000

1346
Lowndes County
City of Columbus City of Columbus
City of Columbus
City of Columbus Clayton County
Clayton County Board of Education
Fulton County
Fulton County Board of Education
Jeff Davis County Board of Education
Appling County Board of Education
Telfair County
City of Jacksonville Appling County Jeff Davis County City of Mountain
Park City of Hampton Henry County
Henry County Board of Education
Henry County Board of Education
Greene County Oglethorpe County
Greene County

JOURNAL OF THE HOUSE
Building and design funds for Regional Fire Training Center facility in Lowndes County
Operating funds for the Springer Opera House in Columbus
Operating funds for the Metropolitan Columbus Task Force for the Homeless in Columbus
Operating funds for the Woodruff Museum of Civil War Naval History in Columbus
Operating funds for Outreach ProgramBoys Club of Columbus, Inc
Reynolds Nature preserve-park development/enhancements in Clayton County
Purchase safety cameras for school buses in Clayton County
Renovation and purchase of equipment for Awtry Mill Nature Preserve in Fulton County
Construction and equip an arboretum outdoor classroom at Dolvin Elementary in Fulton County
Purchase high school ball field lights in Jeff Davis County Schools
Purchase band uniforms and instruments for Appling County Schools
Operating funds for Horse Creek Volunteer Fire Department in Telfair County
Operating funds for Jacksonville Fire Department
Operating funds for the Welcome Center in Appling County
Operating funds for the recreation facility in Jeff Davis County
Engineering study on Garrett Lake in City of Mountain Park
Renovation of Hampton City Hall Build entrance, drainage and practice
fields-Moseley Park, Stockbridge in Henry County Purchase/install lighting system for women's softball field at Eagles Landing High in Henry County Purchase/install lighting system for women's softball field at Henry County High Purchase land to develop a recreation complex in Greene County Bryan Park-Purchase of playground equipment and site construction in Oglethorpe County Restoration of historic Greensboro Gymnasium in Greene County

$ 10,000 $ 100,000

$ 25,000

$ 100,000 $ 120,000

$ 60,000 $ 10,000

$

5,000

$ 20,000

$ 50,000 $ 20,000

$

5,000

$

5,000

$

5,000

$ 10,000

$ 25,000 $ 10,000

$ 10,000

$ 10,000

$ 10,000 $ 30,000

$ 20,000

$

7,500

Putnam County
Greene County
Chatham County
City of Adairsville
City of Cave Spring
Floyd County Board of Education
City of Duluth
Bleckley County
City of Cochran
Dodge county
Telfair County City of McRae
Laurens County City of Cadwell City of Eastman
Richmond County
Fayette County Board of Education
City of Concord City of Rockmart
City of Concord
Chatham County
City of Tybee Island Fulton County
Liberty County
Liberty County
Liberty County Board of Education
Gwinnett County Board of Education
Gwinnett County Board of Education
City of Waycross Ware County

MONDAY, MARCH 8, 1999
Purchase lights for ballpark at Jimmy Davis facility in Putnam County
Restoration of the historic Dr. Calvin M. Baber House in Greene County
Operating funds for the Roundhouse Visitor's Center in Chatham County
Replacement or renovation of police department building
Water pump for water system in Cave Spring
Band uniforms for Pepperell High School in Floyd County
Construct a community center for Taylor Park in Duluth
Operating funds for Bleckley Fire Department in Bleckley County
Operating funds for Cochran Arts Center
Operating funds for Eastman Dodge County Development Authority
Operating funds for Telfair County Operating funds for McRae Helena
South Georgia Auditorium Operating funds for Cedar Grove Operating funds for City of Cadwell Operating funds for Magnolia Theater
in Eastman Roof on the Imperial Theater in
Richmond County Security fence for playground Kedron
Elementary in Fayette County Water system improvements in Concord Equipment for the Rockmart Fire
Department Operation of Easter Seals Program of
West Georgia in Concord Operation of Historic Lucas Theater
in Chatham County Tybee Island Lighthouse restoration Operating funds for Atlanta Fulton
Action Agency Fleming Volunteer Fire Dept. equipment
purchase in Liberty County Walthourville Fire Dept. equipment
purchase in Liberty County Repair and renovation at alternative
school/psycho-ed center in Hinesville, Liberty County Improvements to athletic facilities at Shiloh High School in Gwinnett County Restoration of 1890 school house in Gwinnett County Waycross-Blackshear Tourist promotion Purchase recreational equipment for Ware County

1347

$ 25,000

$

2,500

$ 100,000

$ 25,000

$ 25,000

$ 25,000

$ 60,000

$ 15,000

$ 10,000

$ 25,000 $ 10,000

$ 10,000 $ 10,000 $ 10,000

$ 10,000

$ 50,000

$ 20,000 $ 10,000

$

5,600

$ 40,000

$ 50,000 $ 75,000

$ 50,000

$

5,000

$ 10,000

$ 25,000

$ 25,000
$ 25,000 $ 15,000
$ 25,000

1348 Ware County Board
of Education Clayton County
Dougherty County
Dougherty County Dougherty County Miller County City of Manchester Meriwether County
Board of Education Cobb County
Dougherty County Fulton County
Crisp County City of Pinehurst City of Unadilla City of Hawkinsville
Cobb County Board of Education
Cobb County Board of Education
Bibb County City of Ft. Gaines Quitman County City of Cuthbert
Clay County Clay County

JOURNAL OF THE HOUSE
Purchase equipment for Ware County ROTC
Forest Park Athletic Complex-remodel concession stand and purchase equipment in Clayton County
Operating funds for River Road, Inc d/b/a SAFEC-(South Albany Family Enrichment Collaborative) in Dougherty County
Operating funds for Dougherty County Community Coalition
Renovation of Cotton Hall Cultural Center
Construct fire station #4 in Miller County
Purchase street lights for community building in Manchester
Operating funds for the recreation facility at Greenville High School in Meriwether County
Renovations to and lighting for Clarksdale Village Baseball Fields (Southwest Baseball Association, Inc.) in Cobb County
Lights for t-league fields in Dougherty County
Fulton Co Parks Dept. - restoration and repairs to Williams-Payne Museum building in Fulton County
Operating funds for the Arts Alliance in Crisp County
Construction of utility maintenance barn in Pinehurst
Purchase of jet sewer machine for City of Unadilla
Maintenance and operation of M.E. Roden Memorial Library in Hawkinsville
Brumby Elementary School- Provide covered walkways and landscape in Cobb County
Teasley Elementary School- Provide wiring upgrades and covered walkways in Cobb County
Purchase recreation property for South Bibb County
Renovation of ambulance/EMS building in Ft. Gaines
Feasibility study for Bio Conversion Plant in Quitman County
Cuthbert Housing Authority-Construct an assisted living and Alzheimer facility in Cuthbert
Planning funds for the Clay County Airport
Renovation of ambulance/EMS building in Clay County

$ 25,000 $ 25,000

$ 10,000 $ 25,000 $ 10,000 $ 15,000 $ 40,000
$ 25,000

$ 15,000 $ 25,000

$ 40,000 $ 10,000 $ 25,000 $ 25,000

$ 10,000

$ 10,000

$ 10,000

$ 40,000

$ 10,000

$

5,000

$ 10,000 $ 15,000 $ 10,000

MONDAY, MARCH 8, 1999

Quitman County Board Renovation of building for pre-K

of Education

and headstart programs in Quitman

County

$

Quitman County

Renovation of doctor's office at the

Stewart/Webster Rural Clinic in

Quitman County

$

City of Dalton

Operation of Northwest Georgia Girl's

Home in Dalton

$

Lee County

Provide and improve lights at Lee

County Pee Wee and Pony

League Fields

$

Webster County

Repair of courthouse in Webster County

$

Marion County Board Construct track at football field for

of Education

Marion County Schools

$

Calhoun County Board Resurface track at Calhoun County

of Education

High School

$

City of Dawson

Install central air and heating at

Carnegie Library in Dawson

$

Terrell County

Repair to clock and steeple at

courthouse in Terrell County

$

Columbia County

Renovations and improvements to stadiums

Board of Education

at Evans High School in Columbia

County

$

Columbia County

Improvements to girl's softball field

Board of Education

at Evans High School in Columbia

County

$

Columbia County

Purchase of band uniforms for

Board of Education

Lakeside High School in

Columbia County

$

Columbia County

Purchase of communications equipment

for Columbia County Sheriffs

Department

$

Columbia County

Landscape and erosion control and

improvements to playground at Blue

Ridge Elementary in Columbia County

$

Columbia County

Playground improvements at South

Board of Education

Columbia Elementary

$

DeKalb County

Repair and restoration of Dresden

Park in DeKalb County

$

Athens/Clarke County Grand Slam project-provide

recreational and educational

activities in Athens/Clarke County

$

Athens/Clarke County Operation of Athens Tutorial Program

$

Athens/Clarke County Operation of Creative Visions

Foundation in Athens/Clarke County

$

Clarke County

Operation of Strong Day Recovery

Residence in Clarke County

$

City of East Point

Transportation for therapeutic

recreation program participants

in East Point

$

DeKalb County

Operation of Scottdale Child

Development & Family Resources

Center of Central DeKalb

$

DeKalb County

Clarkston Community Center Foundation

for Old Clarkston High renovations

in DeKalb County

$

Douglas County

Purchase equipment for Lithia Springs

1349
10,000
25,000 25,000
40,000 10,000 30,000 10,000 30,000 15,000
5,000
10,000
10,000
10,000
5,000 5,000 20,000
10,000 10,000 10,000 10,000
50,000
20,000
25,000

1350
Douglas County Board of Education
City of Stone Mountain
DeKalb County Board of Education
City of Stone Mountain
City of Poulan
City of Sycamore
City of TyTy
City of Warwick
Town of Rebecca
Turner County
Worth County
Fulton County
City of Atlanta
City of Berlin
City of Adel City of Nashville City of Cecil
Berrien County
City of Sparks
City of Enigma
Augusta/Richmond County
Augusta/Richmond County
Augusta/Richmond County
Richmond County Ben Hill County
City of Fitzgerald City of Pineview
Irwin County

JOURNAL OF THE HOUSE
Library in Douglas County Purchase equipment for Lithia Springs
High School in Douglas County Operating expenses for ART Station
in Stone Mountain Stone Mountain Middle School for
purchase of marquee in DeKalb County ART Station renovation/repair
in Stone Mountain Purchase truck for trash removal
in Poulan Purchase recreation and playground
equipment for new park in Sycamore Improvement of recreation areas in
TyTy Purchase new police vehicle in
Warwick Purchase fire station and equipment
in Rebecca Construct horse competition and rodeo
arena in Turner County Improvements to youth football program
area buildings and grounds in Worth County Operating funds for the Southwest Hospital in Fulton County Operating funds for the School of Library and Information Programs at Clarke-Atlanta University Roof repair on community center in Berlin Emergency warning system in Adel Construct a walking track in Nashville Purchase fire fighting equipment for volunteer fire department in Cecil Purchase equipment for livestock show barn in Berrien County Purchase equipment for police department in Sparks Purchase fire fighting equipment for volunteer fire dept. in Enigma Operation of Augusta-Richmond County Fire Rescue Safety House Installation of a therapeutic whirlpool at Belle Terrace Swim Center-Augusta Recreation and Parks Dept. Operating funds for Augusta Youth Center River Race Funding in Richmond County Restoration on e-wing of building and air conditioning for after school learning center Construct an American Legion Memorial Expansion of existing building to accommodate expansion of city hall Repair and renovation work to Irwin

$

5,000

$ 10,000

$ 25,000

$

5,000

$ 50,000

$ 10,000

$ 10,000

$

5,000

$ 10,000

$ 10,000

$ 10,000

$ 15,000 $ 50,000

$ 500,000

$

5,000

$

7,500

$ 10,000

$

7,500

$ 10,000

$ 10,000

$

7,500

$ 10,000

$

5,000

$ 25,000 $ 25,000

$ 10,000 $ 10,000

$

5,000

MONDAY, MARCH 8, 1999

Irwin County Irwin County Board
of Education Wilcox County Wilcox County Wilcox County Wilcox County Emanuel County City of Gibson Glascock County Taliaferro County Warren County Columbus/Muscogee
County Columbus/Muscogee
County Talbot County Appling County City of Grovetown Columbia County Board
of Education McDuffie County
Board of Education City of Savannah City of Savannah City of Savannah
Town of Thunderbolt
Town of Thunderbolt
Peach County City of Montezuma Franklin County

Co. Courthouse Repair, restoration of monument on
courthouse square Purchase of equipment for Irwin Co.
High Marching Band Construction of Wilcox Co. Little
League ballpark park Purchase equipment for Wilcox Co. ROTC Repair to county auditorium Purchase metal building for Cedar
Creek Volunteer Fire Dept Operating funds for East Georgia
Health Co-op Purchase of computer and software for
the Gibson Police Department Construction of an auxiliary fire
station in Glascock County Taliaferro County Volunteer Fire
Dept. - purchase rescue equipment Purchase of rescue equipment for
northern Warren County Operation of the Columbus Community
Center Outreach Program in Columbus/ Muscogee County Columbus Youth Network outreach program for disadvantaged youth in Columbus/Muscogee County Improvements to Central High School football stadium in Talbot County Purchase air packs and equipment for Appling Volunteer Fire Department For interior renovation of Grovetown Community Center Purchase safety lighting for baseball field at Greenbriar High School in Columbia County Restoration of Bowden-Johnson Home McDuffie County Historical Society Preservation of W.W. Law Community Center in Savannah Assistance to the Savannah Midtown Community Center Procurement of Archive and Library for memorabilia of Ralph Mark Gilbert in Savannah Playground equipment for Honey Park, River Dr. Park and Nellie Johnson Park in Thunderbolt Procurement equipment for fire vehicles and volunteer firefighters in Thunderbolt Refurbish courthouse facade in Peach County Provide downtown parking spaces in Franklin County Purchase equipment for Gumlog

1351

$ 15,000

$

5,000

$

5,000

$

5,000

$

5,000

$ 10,000

$

5,000

$ 38,000

$

7,500

$ 10,000

$ 10,000

$ 12,000

$ 25,000

$ 15,000

$ 65,000

$ 10,000

$

5,000

$ 25,000

$ 10,000 $ 10,000 $ 10,000

$

5,000

$

5,000

$ 10,000 $ 25,000 $ 45,000

1352

JOURNAL OF THE HOUSE

Volunteer Fire Dept in Franklin

County

$ 10,000

Stephens County

Purchase equipment for Tates Creek VFD

and renovate Carnes Creek VFD

in Stephens County

$ 20,000

Stephens County

Provide a roof for Toccoa- Stephens

County Historical Society

$

4,000

Stephens County

Purchase field fencing for Toccoa

Little League in Stephens County

$ 10,000

Banks County

Micro-filming of records in Banks

County

$ 20,000

Barrow County

Operation of Peace Place Inc. Shelter

for battered women in Barrow County

$ 15,000

Monroe County

Construction of multi-purpose field

in Monroe County

$ 10,000

City of Monticello

Municipal park construction/

improvements at Funderburg Park in

Monticello

$ 15,000

Monroe County

Construction of bleachers for Monroe

County Horse/Livestock Arena

$ 20,000

Lamar County

Equipment and improvements for Redbone

Volunteer Fire Department in Lamar

County

$

5,000

Monroe County

Construction of dugouts at softball

fields in Monroe County

$ 25,000

Jasper County

Improvements to Rose Bowl Field for

Jasper County

$ 10,000

DeKalb County

Beautification projects in DeKalb

County

$ 10,000

DeKalb County Board Beautification project at Glenhaven

of Education

Elementary in DeKalb County

$

5,000

DeKalb County Board Operation of "Operation Dignity" in

of Education

DeKalb County schools

$ 15,000

DeKalb County

Neighborhood after school programs

in DeKalb County

$ 15,000

DeKalb County

Decatur Arts Academy - purchase

of school supplies in DeKalb

County

$

2,000

DeKalb County

Purchase of equipment and supplies

for DeKalb County Sheriff Reserve

$

2,000

City of Sylvania

Purchase playground equipment in

City of Sylvania

$ 25,000

Screven County

Renovation of Screven County

Agricultural Center

$ 50,000

City of Harrison

Completion of a park in Harrison

$ 25,000

Jefferson County

Purchase equipment for Jefferson

County Sheriff Department

$ 20,000

Jefferson County

Completion of park project in

Jefferson County

$ 50,000

Washington County

Refurbish T.J. Elder Community Center

$ 25,000

Bibb County

Provide funds for a feasibility study

for a stadium in Bibb County

$ 75,000

Bibb County

Operate the Adopt-a-Role Model in

Bibb County

$ 15,000

Bibb County

Operate the Hay House in Bibb County

$ 30,000

Bibb County

Operate the Douglas Theater in Bibb

County

$ 50,000

Bibb County DeKalb County
DeKalb County Board of Education
DeKalb County Board of Education
DeKalb County Board of Education
City of Marietta City of Marietta City of Marietta
Board of Education City of Millen Candler County
Bullock County
City of Portal Jenkins County Athens/Clarke County Elbert County Elbert County Lincoln County Lincoln County
Wilkes County
DeKalb County
DeKalb County DeKalb County Board
of Education DeKalb County Board
of Education

MONDAY, MARCH 8, 1999
Operate the Harriette Tubman Museum Bibb County
Improvements to Gresham Park Baseball and Softball Association field and Senior Center in South DeKalb
Purchase materials for Word Up Reading Program at Kelley Lake Elementary in DeKalb County
Operate the Soar to Success Reading Program at Flat Shoals Elementary School in DeKalb County
Gresham Park Elementary After schools and tutorials for purchase of educational materials in DeKalb County
Repair of pre-Civil War cannon through the Marietta Museum of History
Operation of the Marietta Museum of History
Playground enhancements at 5 elementary schools in Marietta
Correction of water drainage problem at recreation complex in Millen
Purchase equipment and supplies at the communications center in Candler County
Construct restroom building adjacent to soccer complex at Mill Creek Park, Statesboro in Bullock County
Purchase trash truck for City of Portal
Jenkins County Development Authorityrenovate train depot in Millen
Repairs to Rutland Psycho Educational Services Center
Elbert County Airport improvements Replace worn out band instruments -
Elbert County High Pagers and light turnout gear
for Lincoln County Rescue Purchase equipment for Midway
Volunteer Fire Dept in Lincoln County Purchase equipment for fire station for Newtown Community in Wilkes County Study and planning for War Between the States campsites in DeKalb County Purchase and plant trees in DeKalb County Purchase and install electric sign at Toney Elementary School in DeKalb County Operation of Forrest Hills Elementary School for Accelerated Reading Program

1353

$ 50,000

$ 25,000

$ 10,000

$

5,000

$ 10,000

$ 10,000

$ 15,000

$ 25,000

$

5,000

$ 10,000

$ 10,000

$ 10,000

$ 20,000

$ 75,000 $ 32,000

$

3,000

$

5,000

$

5,000

$ 15,000

$ 75,000 $ 25,000

$

6,000

$

8,000

1354 DeKalb County
City of Toombs
City of Lyons
City of Mt. Vernon City of Vidalia
Wheeler County
City of Jesup City of Ludowici City of Odum City of Odum Screven County Wayne County Board
of Education Wayne County Chatham County Chatham County City of Savannah City of Bremen Haralson County Haralson County City of Buchanan City of Bremen City of Tallapoosa City of Conyers Fulton County
Fulton County Baldwin County Baldwin County

JOURNAL OF THE HOUSE
Operation of Columbia Community Connection's Father to Father Men's services program in DeKalb County
Construct restrooms for community center at Cedar Crossing Area in Toombs
Recreation Department to retire outstanding debt on community center in City of Lyons
Construct park in City of Mt. Vernon Replace playground equipment and
renovate Ganelle Davis Park facility in Vidalia Purchase equipment for baseball and midget football at Glenwood and Alamo Facilities in Wheeler County Senior Citizen facility repairs in Jesup Police and fire departments upgrades in Ludowici Purchase equipment storage facility in Odum Repairs to City Hall and Fire Department in Odum Community Center repairs in Screven County Lighting for girls softball field in Wayne County ADA improvement to Jaycee public landing area in Wayne County Construct firing range at Armstrong State University Operation of Bamboo Farm and Coastal Gardens in Chatham County Purchase of building for Cultural Affairs Commission in Savannah Operating expenses for Bremen Schools Operating expenses for Haralson County Schools Operating expenses for Blooming Grove Fire Department Operating expenses for Buchanan recreation facility Operating expenses for Bremen recreation facility Operating expenses for Tallapoosa recreation facility Development of Big Haynes Creek Nature Center St. Paul's Golden Age Center-for equipment, operations and staff training in Fulton County Operation of Georgia Coalition of Black Women internship in Fulton Operation of Oconee Prevention Resource Council Inc. in Baldwin Purchase fireboat for Baldwin County

$ 15,000

$

5,000

$ 20,000

$

5,000

$ 30,000

$ 10,000

$ 10,000

$ 10,000

$

5,000

$

5,000

$ 10,000

$ 15,000

$ 15,000

$ 25,000

$ 25,000

$ 10,000 $ 50,000

$ 50,000

$ 15,000

$ 15,000

$ 15,000

$ 15,000

$ 50,000

$ 25,000 $ 30,000 $ 10,000

MONDAY, MARCH 8, 1999

Baldwin County Board of Education
Johnson County Board of Education
Emanuel County
City of Swainsboro
City of Kite
Emanuel County
Emanuel County Board of Education
City of Summertown
Cobb County
Cobb County Board of Education
City of Savannah
City of Savannah
Fannin County
Murray County
City of McCaysville City of McCaysville Murray County City of McCaysville City of McCaysville City of Blakely Seminole County
City of Dexter City of Dublin
City of Dublin
City of Dudley
City of East Dublin
Laurens County Board of Education
City of Bowersville
Franklin County
Hart County Board of Education
City of Canon

Fire Dept Operation of STAR program in Baldwin
County Schools Construct multi-purpose facility in
Johnson County Schools Repairs/renovation of Emanuel County
Arts Council Purchase of computer equipment for
City of Swainsboro Renovation and repair of community
center in City of Kite Purchase equipment for Emanuel County
Library Purchase band uniforms for Emanuel
County Institute Band Renovation and repair of community
center in Summertown Expansion of the Cobb County Youth
Museum, Inc. Sprayberry High School-build
field house in Cobb County Operation of Project Success in
Savannah
Retire debt on EOA Austin House Center in Savannah
Renovation of the Epworth Community Center
Purchase walk-in refrigerator and freezer for Senior Citizen Center
Build and furnish public restrooms Renovate City Park Grounds work at the Chief Van House Study downtown parking in McCaysville Furnish new City Hall in McCaysville Renovation of gym in Blakely Purchase equipment for volunteer
rescue squad in Seminole County Upgrade of technology in Dexter Monument to public safety officers in
Dublin Relocate utilities for road
improvements in Dublin Water and sewer upgrades for Dudley
Elementary School Relocate water and sewers in East
Dublin Planning for joint school auditorium
in Laurens County Enhancement to city infrastructure in
Bowersville
Construction of county recreation park in Franklin County
Hart County High School - renovation and construction at recreation complex
Operating and equipment at City Community Center in Canon

1355

$ 35,000

$ 25,000

$ 25,000

$ 15,000

$ 10,000

$

5,000

$ 10,000

$ 10,000

$

5,000

$ 25,000

$ 35,000

$ 25,000

$ 25,000

$ 10,000

$ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 15,000

$ 10,000 $ 15,000

$ 10,000

$ 10,000

$ 15,000

$ 15,000

$ 10,000

$ 10,000

$ 15,000

$ 15,000 $ 15,000

1356
City of Franklin Springs
City of Lavonia Effingham County
Board of Education Bryan County City of Guyton City of Guyton Effingham County Effingham County
Bryan County Board of Education
DeKalb County
DeKalb County City of Macon Bibb County Bibb County Bibb County Bibb County City of Byron Peach County Crawford County City of Fort Valley Brooks County Echols County Chattooga County Chattooga County
Board of Education Fulton County City of Macon

JOURNAL OF THE HOUSE
Emergency repair to city water/ sewer system in Franklin Springs
Development of city park and playing field in Lavonia
Renovation of Old Ebenezer One-Room School
Purchase equipment for emergency fire vehicle in Bryan County
Purchase trailer mounted aerial lift in Guyton
Purchase playground equipment for City of Guyton
Improve Jaycee Park in Rincon in Effingham County
Purchase fire fighting equipment for Sand Hill Fire Dept in Effingham County
Purchase uniforms, equipment, and supplies for Bryan County athletic teams
Wilshire Condo Association-security lighting, replace street signs and playground improvements in DeKalb County
Wade-Walker Park - repairs and operations in DeKalb County
Purchase Police Athletic League equipment in City of Macon
Operation of Macon Mentoring Program in Bibb County
Operation of Mid Ga Council on Drugs Bibb County
Operation of the Tubman Museum in Bibb County
Operation of Bibb County Teen Court Purchase equipment and improvements
for Byron City Park Refurbish courthouse facade in
Peach County Crawford county Recycling Center
in Crawford County Purchase of new streetlights for
downtown area in Ft. Valley Renovate community center in
Simmon Hill, Brooks County Renovate recreation building in
Statenville, Echols County Purchase 'Jaws of Life' for Gore
Fire Department in Chattooga County Construct a computer technology
shop for Chattooga High School in Chatooga County Operating funds for the Southwest Hospital in Fulton County Purchase/construct a recreation/ sports facility in Macon

15,000 15,000 10,000 10,000 10,000 10,000 8,000
10,000
15,000
10,000 30,000 15,000 15,000 25,000 15,000 15,000 5,000 25,000 15,000 50,000 10,000 40,000 10,000
37,000 50,000 45,000

Gwinnett County City of Albany City of Albany City of Gainesville City of Gainesville Georgia Mountain
RDC Georgia Mountain
RDC City of Pelham City of Sale City City of Social
Circle City of Doerun City of Baconton Mitchell County
City of Camilla City of Funston City of Moultrie City of Smyrna
Cobb County Board of Education
Glynn County Glynn County
Colquitt County
City of Tifton Tift County Board
of Education City of Plainville City of Fargo Clinch County Clinch County

MONDAY, MARCH 8, 1999
Norcross High School trip to Washington DC (Gwinnett County)
Operation of Slater King Adult Rehabilitation Day Center in Albany
Operation of after school tutorial for students in East Albany
Purchase, plan and develop neighborhood park in Gainesville
Purchase playground equipment for south side community in Gainesville
Construct a teaching facility for Elachee Nature Science Center
Operation of Boys and girls clubs in Ga Mountain RDC
Upgrade and install lighting at two sports complexes in Pelham
Improvements to local recreation complex in Sale City
Construction of city park and parking area in Social Circle
Upgrade and maintenance at recreation facility in Doerun
Improvements to public water c1 ^livery service in Baconton
Operating funds and equipment for 7 volunteer fire departments in Mitchell County
Improvements to a recreational complex in Camilla
Purchase office equipment and computers for City of Funston
Upgrade kitchen facilities at SOWEGA Council of Aging
Restoration/preservation of markers and ' ;adstones at Smyrna Memorial Cemetery
Construct an athletic facility for Campbell High School in Cobb County
Improvements and repairs to Epworth & Talman Parks in Glynn County
Renovate and purchase computer equipment for St. Simons Island Library in Glynn County
Purchase turnout gear for the Colquitt County Volunteer Fire Department
Equipment for Communications Center for City of Tifton Fire Department
Purchase band uniforms for Tift County Band
Equipment for City of Plainville Fire Dept
Partial reroofing and renovation of school building in Fargo
Operation of Bridges of Hope in Clinch County
Renovate and install canopy at Clinch County Recreation park

1357
20,000 35,000 20,000 40,000 10,000 10,000 10,000 25,000
5,000 50,000 10,000 10,000
25,000 25,000
5,000 20,000
20,000 20,000 20,000
20,000
10,000 20,000 10,000 10,000 20,000 1C,000
5,000

1358
Larder County Board of Education
Lowndes County
City of Acworth
City of Acworth
City of Kennesaw
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
City of Cairo
City of Climax
City of Whigham
Grady County
Atkinson County Board of Education
City of Broxton
City of Douglas
City of Pearson
Coffee County
Coffee County
Coffee County
Coffee County Board of Education
Coffee County Board of Education
City of Douglas
Fulton County
DeKalb County
City of Americus City of Americus
City of Andersonville

JOURNAL OF THE HOUSE
Construct press box and dressing room for football stadium in Lanier County
Construct North Lowndes County Fire Station
Purchase aluminum bleachers for city parks in Acworth
Purchase video cameras for patrol cars in Acworth
Expansion and renovation of facility at Kennesaw Civil War Museum
Purchase musical instruments and computer equipment for Autry Middle School in Cobb County
Purchase equipment and renovate North Cobb High School stadium
Purchase of two sousaphones for North Cobb High School
Repairs to Roddenberry Memorial Library in Cairo
Purchase fire equipment in City of Climax
Purchase equipment for City of Whigham
Show barn and livestock facility improvements in Grady County
Purchase band uniforms and lighting at Atkinson County Schools
Rehabilitation of city hall in Broxton
Purchase HAZMAT Trailer for Douglas Fire Dept
Purchase of mulchers for City of Pearson
Soccer field improvements at South Ga Soccer Club in Coffee County
Purchase radio repeater and tower for Coffee County emergency management
Purchase equipment for West Green Community Center Fire Dept in Coffee County
Purchase lighting for Coffee High School practice field
Purchase Coffee County High PA System
Renovation and concession stand for Wheeler Park in Douglas
Operating funds for Atlanta Fulton Action Agency
Operating funds for Community Care (Kids in Juvenile Care) in DeKalb County
Renovate Rylander Theater in Americus Purchase and install outfield fences
at Little League field in Americus Repairs of Holloway Building in
Andersonville

25,000 25,000 10,000 10,000 25,000
3,000 10,000 5,000 10,000 5,000 10,000 25,000 20,000 5,000 5,000 5,000 5,000 5,000
10,000 10,000 1,500 5,000 30,000
20,000 100,000 50,000
10,000

City of St. Marys City of Kingsland Charlton County Butts County
City of Barnesville
City of Locust Grove
City of Milner Lamar County Coweta County Heard County Board
of Education Heard County
Heard County City of Rome Floyd County Board
of Education Bacon County
Charlton County City of Alma
City of Folkston City of Hoboken City of Homeland City of Offerman City of Patterson
Pierce County Pierce County Brantley County

MONDAY, MARCH 8, 1999

Renovation of Waterfront Theater in

St. Mary's

$

Construct/operate animal control

shelter in City of Kingsland

$

Purchase radio communication equipment

for Southern Charlton County

$

Purchase equipment, renovate

playground, and repair tennis courts

in Butts County

$

Purchase of 2 automated external

defibrillators and 1 air

respiration system for Barnesville

$

Investigative equipment for police

department and recreation

improvements on Locust Grove

$

Renovate, enhance and equip City

Park of Milner

$

Lamar County Agricultural Authority-

Construct a show facility

$

Equip Senior Center rooms in

Newnan/Coweta County

$

Purchase field lights for baseball

field at Heard County High School

$

Purchase lights for Riverside Park in

Franklin and create a new ballpark

and playground

$

Provide water and electricity to Brush

Creek Park in Heard County

$

Purchase sprinkler system for Rome

History Museum

$

Operate Children Helping Children in

elementary schools of Rome, Floyd

County

$

Restoration and equipment in VFW

Building and Masonic Lodge in Bacon

County

$

Repairs and maintenance of county

buildings in Charlton County

$

Construction of law enforcement

training center and firearms

qualification range in City of Alma

$

Promotion of tourism in Folkston

$

Construct a veterans memorial in

Hoboken

$

Operating expenses and equipment for

the Homeland Police Department

$

Purchase truck for Offerman/Big Creek

Volunteer Fire Dept

$

Operate Heritage Fund to establish

and promote historical sites in

Patterson

$

Operate Pierce County Lee Street

Resource Center

$

Lakeview Community Center improvements

in Pierce County

$

Operating expenses for constituent

services program in Brantley County

$

1359
25,000 25,000 25,000
15,000
15,000
9,000 10,000 50,000 10,000 15,000
15,000 10,000 25,000
25,000
5,000 5,000
5,000 2,500 5,000 2,500 5,000
5,000 25,000 25,000
5,000

1360
City of Blackshear
City of Nahunta
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
City of Chickamauga
City of Ft Oglethorpe
City of LaFayette
Gwinnett County Board of Education
Gwinnett County Board of Education
City of Atlanta
City of Atlanta
Chatham County
Chatham County
City of Bloomingdale
City of Garden City
City of Port Wentworth
Newton County Board of Education
City of Decatur DeKalb County
Columbus/Muscogee County
Columbus/Muscogee County

JOURNAL OF THE HOUSE
Purchase equipment and improvements to Old Depot Building in Blackshear
Construction of fire department building in Nahunta
Operate Project Rebound/Family Institute alternative program in Columbus
Operate Community Health Center for South Columbus in Muscogee County
Operate Two Thousand Opportunities, Inc. in Columbus/Muscogee County
Operate Liberty Theater Cultural Center, Inc in Columbus/Muscogee County
A.J. McClung YMCA-Operation of after school program in Columbus
Historic preservation and paving in Chickamauga
Purchase fire department equipment and downtown development Ft. Oglethorpe
Purchase police vehicle cameras for LaFayette Police Department
Educational materials and equipment for Gwinnett County Schools
Playground repair, enhancement and equipment and math intervention program materials in Gwinnett County schools
Operate Atlanta Consultant Aftercare Ga Prison and Parole Task Force
Operate Paradise Baptist Church after school program in Atlanta
Outdoor Kiosk-Highway 21 to 1-95 in Chatham County
Operation of the Eighth Air Force in Chatham County
Repairs and equipment for softball and baseball field in Bloomingdale
Renovate gym to multipurpose center in Garden City
Construct recreational facilities in Port Wentworth
Purchase and install lights for football practice field for Newton High School
Repair of sidewalk in City of Decatur Operate DeKalb County Children's
Shelter for two therapeutic group homes Operation of Community Health Center for South Columbus Operate the Play and Learn Together Program

5,000 5,000
15,000
25,000 50,000
100,000 25,000 15,000
10,000 25,000 25,000
25,000 30,000 25,000 10,000
5,000 10,000 10,000 25,000
45,000 12,000
38,000 25,000 15,000

Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Fulton County
DeKalb County
DeKalb County DeKalb County
DeKalb County
DeKalb County
City of Brunswick
City of Darien
City of Darien Glynn County Board
Board of Education Liberty County City of Commerce
Board of Education City of Jefferson Fulton County
Board of Education Fulton County Fulton County
DeKalb County DeKalb County City of Hiawassee City of Dillard City of Mountain
City

MONDAY, MARCH 8, 1999
Operation of Summer tutorial program by Combined Communities of Southeast Columbus
Operation of The Spencer House Operation of the Metro Columbus
Urban League Youth Alive Operation of the Council on Minority
Health and Education of Metropolitan Atlanta, Inc Purchase right-of-way and design for intersection of Briarcliff and LaVista in DeKalb County Construct a service center at Senior Connections in DeKalb County Reconstruct tennis courts at Briarwood Recreation Center in DeKalb County Renovation of classroom at Cedar Grove Middle School for DeKalb Environmental Ed Center Construct storm water flood protection Zonolite Drive Industrial Park in DeKalb County Construct a permanent location at City Dock for area shrimpers in Brunswick Purchase computer equipment for Mclntosh County Sheriffs Dept in Darien Repairs to Fort King George Quarters Barrack in Darien Purchase air conditioning at the Glynn Academy High School Operation of the Alzheimer respite care facility in Liberty County Addition to gym and heating and cooling unit for Commerce High School Construction of the Jefferson Fire Station Purchase novel sets for Centennial High School in Fulton County Operate Project Prevent through Emory University in Fulton County Operate My House emergency shelter through Emory University in Fulton County Operate Changed Living Recovery Residence, Inc. in DeKalb County Operate DeKalb United Child Care Association, Inc. Renovate roof at historic Hiawassee City Hall Renovation of school building in Dillard Sewer extension in Mountain City

1361

$ 25,000 $ 20,000 $ 25,000

$ 50,000

$ 10,000 $ 25,000

$ 10,000

$ 10,000

$ 25,000

$ 10,000

$

5,000

$ 25,000

$ 25,000

$ 25,000

$ 20,000 $ 10,000 $ 10,000 $ 25,000

$ 25,000 $ 25,000 $ 40,000 $ 25,000 $ 35,000 $ 25,000

1362
Rabun County
Rabun County
Rabun County
White County
Walton County Board of Education
City of Warner Robins
City of Warner Robins
City of Warner Robins
Houston County
Uncle Remus Regional Library System
Walton County Board of Education
DeKalb County DeKalb County
Board of Education
DeKalb County Board of Education
Fannin County
Gilmer County
Lumpkin County
Gwinnett County Board of Education
Augusta/Richmond County
Richmond County
Richmond County
Richmond County
Richmond County
Richmond County Board of Education
Richmond County Board of Education
Cobb County

JOURNAL OF THE HOUSE
Purchase of fireboat at Lake Seed in Rabun County
Operate Fight Abuse in the Home in Rabun County
Purchase rescue equipment in Rabun County
Road and Bridge, restroom White County Rec Dept playground in Sautee Nachoochie Community
Purchase band uniforms for Loganville High School in Walton County
Operating expenses for the Aviation Hall of Fame in Warner Robins
Operating funds for the Salvation Army Safehouse in Warner Robins
Operating funds for the Genesis House Homeless Center in Warner Robins
Operating funds for the Houston County Arts Alliance
Purchase van for Uncle Remus Regional Library System
Purchase band uniforms for Loganville High School in Walton County
Beautification of DeKalb communities Repair and purchase of band
instruments for Towers and Columbia High Schools in DeKalb County Operation of DeKalb elementary schools honors programs Renovation and repair of Fannin County Courthouse Purchase a Class A fire truck for Gilmer County Purchase fencing and lighting for public swimming pool in City of Dahlonega, Lumpkin County Stadium renovation for South Gwinnett High School Operate the Augusta/Richmond County Museum Technology improvements for State Court Solicitors Office in Richmond County Establish museum at Augusta Cotton Exchange in Richmond County Renovation of Augusta Easter Seals Building in Richmond County Training for the Richmond County Marshals Department Technology improvements CSRA Law Enforcement Training Academy in Richmond County Schools Westside High School purchase athletic field fencing and landscaping Renovations to and lighting for Clarksdale Village Baseball Fields (Southwest Baseball Association, Inc.)

10,000 10,000 15,000
35,000 15,000 90,000 50,000 25,000 25,000 17,500 10,000 10,000
12,000 13,000 5,000 10,000
5,000 15,000 5,000
5,000 40,000 10,000 10,000
5,000 15,000
20,000

MONDAY, MARCH 8, 1999

1363

Cobb County Board of Education
Cobb County Board of Education

Foundation 2000 for Children (Cobb County) improve educational facilities
South Cobb High School Education Foundation- improve educational facilities

$ 25,000 $ 15,000

Section 41. Provisions Relative to Section 10, State Board of Education De partment of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,053.07. 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 responsi ble for instruction in language arts, mathematics, science and social studies, and which meet criteria and standards prescribed by the State Board of Education for middle school programs.

Section 42. Provisions Relative to Section 11, Employees' Retirement System. It is the intent of the General Assembly that the 2% factor for new plan retirement (1982) is funded.

Section 43. Provisions Relative to Section 15, Department of Human Re sources. The Department of Human Resources is authorized to calculate all Temporary Assistance for Needy Families benefit payments utilizing a factor of 66.0% of the stan dards 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 standards of need shall apply:

Number in Asst. Group

Standards of Need

Maximum Monthly Amount

1

$ 235

$ 155

2

356

235

3

424

280

4

500

330

5

573

378

6

621

410

7

672

444

8

713

470

9

751

496

10

804

530

11

860

568

Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nurs ing, 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 Retar dation 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-

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cation or 90% of their base year hospital utilization funding (whichever is less) to purchase State hospital services. The balance may be used for community based care in accordance with approved Regional Plans.

Section 44. Provisions Relative to Section 21, Department of Medical Assis tance. 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 cre ated 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.
Section 45. Provisions Relative to Section 22, Merit System of Personnel Ad ministration. The Department is authorized to assess no more than $137.00 per budg eted position for the cost of departmental operations.
It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SPY 2000 shall not exceed 13.1%.
It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SFY 2000 shall not exceed 9.26%.

Section 46. Provisions Relative to Section 23, Department of Natural Re sources. 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.
Provided, that of the amount above for per diem, fees and contracts, no more than $55,000 may be used for a common program of subsidizing mass transit fares to and from work for emplo. ees of state agencies and authorities, as authorized in O.C.G.A. 45-7-55, and if not for such purposes, then for other purposes within the object class. The subsidy may be limited to employees who live or work in the "Atlanta Ozone Nonattainment Area" and may not exceed $15 per month per employee. The Department of Transportation and any other budget unit eligible for such a grant may apply to this purpose available federal matching funds. For purposes of this appropriation "Atlanta Ozone Nonattainment Area" means the geographic area of the state comprised of Bartow, Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Paulding, and Rockdale Counties.

Section 47. Provisions Relative to Section 32, Teachers' Retirement System. It is the intent of the General Assembly that the employer contribution rate for the Teach ers' Retirement System shall not exceed 11.35% for S.F.Y. 2000.
Section 48. Provisions Relative to Section 34, Department of Transportation. For this and all future general appropriations acts, it is the intent of this General As sembly 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 au thorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services.

MONDAY, MARCH 8, 1999

1365

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 ap proval 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 re funds, 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 sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section DC, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade depart ment-owned 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 be tween budget functions provided that the Department's total position count shall not ex ceed 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 obliga tion 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, 2000, 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 oper ating 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 Re sources; 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 Ad ministrative Services from agency fund collections.
Section 50. To the extent to which Federal funds become available in amounts in ex cess 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 operat ing budgets; and

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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 sup planted 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 mem bers of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chap ter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appro priated 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 main tain financial records in such a fashion as to enable the State Auditor to readily deter mine expenditures as contemplated in this Appropriations Act.
Section 52. An 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 re quired 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 con tinue programs currently funded entirely with Federal funds.
Section 54. In accordance with the requirements of Article DC, 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 acti vated 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 ap propriated 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 rec ommendations contained in the Budget Report submitted to the General Assembly at the 1999 Regular Session, except as provided, however, the Director of the Budget is au thorized 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 appro priation 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

MONDAY, MARCH 8, 1999

1367

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 in stances revealed in his audit in which the expenditures by object class of any depart ment, bureau, board, commission, institution or other agency of this State are in viola tion of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be ap plied as well when common object class amounts are properly amended in the adminis tration of the annual operating budget.
Section 56. 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 following such term shall apply to the total expenditures within the Budget Unit or com bination 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 unavaila ble for expenditure unless re-appropriated by the Georgia General Assembly. This provi sion shall not apply to project grant funds not appropriated in this Act.
Section 58. Salary Adjustments. In addition to all other appropriations, there is hereby appropriated $252,859,588 for the following purposes: 1.) To provide a general salary adjustment of 0% to 6% for employees of the Executive Branch with the amount of the appropriation for this purpose determined according to an effective date of Octo ber 1, 1999 (proposed salary adjustments are in conformance with the Georgia Gain pay for performance system). 2.) To provide a general salary adjustment of 3% for employees of the Judicial and Legislative branches with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1999 (proposed salary adjustments are contingent on an employee's receiving at least "satisfactory" or "meets expectations" on their annual performance appraisal). 3.) To provide for a cost of living adjustment of 3% for each state official (excluding members of the General Assembly) whose salary is set by Act 755 (H.B. 262) of the 1978 General Assembly, as amended, as authorized in said act, Code Section 45-7-4, with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1999. 4.) To provide for a cost of living adjustment of 1.5% for members of the General Assembly with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1999. 5.) To provide for a 4% increase in the state base salary on the local

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teacher salary schedule of the State Board of Education with the amount of the appro priation for this purpose determined according to an effective date of September 1, 1999. 6.) To provide for a 3% 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, 1999. 7.) In lieu of item 1 above, to provide for a 4% 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, 1999. 8.) In lieu of item 1 above, to provide a 4% 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, 1999 for academic personnel and July 1, 1999 for non-academic personnel. 9.) In addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments and a 5% salary supplement for Peace Officer Standards Training certified personnel in the Juvenile Correctional Officer and Facilities Police job class series within the Department of Juvenile Justice with the amount of the appropriation for this purpose determined ac cording to an effective date of October 1, 1999. 10.) In addition to the general salary ad justment in item 1 above, to provide supplemental salary adjustments for Department of Corrections employees earning below the GeorgiaGain established target salary levels in the Correctional Officer, Correctional Officer Farm Services, Transfer Officer, Fire Sup pressant and Canine Handler job classifications with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1999. 11.) In ad dition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments for Department of Public Safety employees earning below the GeorgiaGain established target salary levels in the Trooper Cadet, Trooper and Trooper First Class job classifications with the amount of the appropriation for this purpose determined ac cording to and effective date of October 1, 1999. 12.) In addition to the general salary adjustment in item 1 above, to provide a 3% funding level for supplemental salary ad justments for Public Safety employees earning at or above the GeorgiaGain target salary level for the Trooper Cadet, Trooper First Class, Corporal, Sergeant, Sergeant First Class, first Lieutenant, Captain and Major job classifications with the amount of the ap propriation for this purpose determined according to an effective date of October 1, 1999. 13.) In addition to the general salary adjustment in item 1 above, to provide a 1.5% funding level for supplemental salary adjustments for certain positions within the De partment of Law with the amount of the appropriation for this purpose determined ac cording to an effective date of October 1, 1999. 14.) In addition to the general salary ad justment in item 1 above, to provide 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, 1999. 15.) In ad dition to the general salary adjustment in item 1 above, to provide a 5% increase for law enforcement personnel within the Department of Public Safety with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1999.

Section 59. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 2000

$

13,291,103,880

Section 60. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 61. All laws and parts of laws in conflict with this Act are repealed.

The Speaker resolved the House into a Committee of the Whole for the purpose of con sidering the Committee substitute to HB 144, designating Representative Coleman of the 142nd as Chairman thereof.

The Speaker called the House to order.

MONDAY, MARCH 8, 1999

1369

The Committee of the Whole arose and through its Chairman reported HB 144 back to the House with the recommendation that the same Do Pass, by the Appropriations Com mittee substitute.
The following amendment was read:

Representative Evans of the 28th moves to amend the Committee substitute to HB 144 by (removing from) state funds for the Department of Community Affairs, Section 7, re lating to State Fiscal Year 2000 the figure $1,939,600, and by (decreasing) the object classes as listed below:

Object Classes

Local Assistance Grants

1,939,600

Total Funds State Funds

$

1,939,600

$

1,939,600

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

N Alien N Anderson N Ashe N Bailey
Bannister N Barnard N Barnes N Benefield N Birdsong
N Bohannon N Bordeaux
N Borders Y Bridges N Brooks Y Brown N Buck N Buckner N Bulloch Y Bunn N Burkhalter N Byrd Y Callaway N Campbell N Cash N Channel! N Childers Y Clark Y Coan N Coleman, B N Coleman, T N Connell N Cooper N Cox N Crawford N. Cummings Y Davis, M

N Davis, T N Day N Dean N DeLoach, B Y DeLoach, G N Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans
Everett N Felton N Floyd Y Franklin N Golick N Graves N Greene N Grindley N Hammontree N Hanner N Harbin N Harrell N Heard
Heckstall N Hegstrom N Hembree N Henson N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, H N Hudson, N

N Hugley Y Irvin N Jackson, B N Jackson, L N James N Jamieson N Jenkins N Jennings N Jones Y Joyce Y Kaye N Lane N Lewis N Lord N Lucas N Maddox N Mann N Manning N Martin, J N Martin, J.L Y Massey N McBee N McCall N McClinton N McKinney N Millar Y Mills N Mobley N Morris N Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish N Parsons

N Pelote Y Pinholster N Poag N Ponder N Porter N Powell N Purcell N Ragas N Randall N Ray N Reaves
N Reece N Reed Y Reese N Reichert N Rice
Y Richardson N Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett Y Scheid N Scott N Shanahan N Shaw N Shipp N Sholar N Sims N Sinkfleld N Skipper N Smith, B N Smith, C Y Smith, C.W N Smith, L

N Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley, P N Stanley-Turner N Stephens N Stokes N Stuckey N Taylor N league N Teper N Tillman N Tolbert N Trense N Turnquest N Twiggs N Unterman N Walker, L N Walker, R.L N Watson N West Y Westmoreland N Whitaker Y Wiles Y Williams, J N Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 31, nays 145. The amendment was lost.

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Representative Everett of the 163rd 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 Irvin of the 45th moves to amend the Committee substitute to HB 144 by (removing from) State funds, relating to State Fiscal Year 2000, the figure $167,000,000 and by removing State funds as listed below:

Committee Sub. H.B. 144

Reduction

Committee Sub. As Amended

General Assembly Department of Audits Judicial Branch Department of
Administrative Services Department of Agriculture (includes Sec. 49) Department of Banking and Finance Department of Community Affairs Department of Corrections Board of Pardons and Paroles Department of Defense State Board of Education Lottery Funds Forestry Commission Georgia Bureau of Investigation Office of the Governor Department of Human Resources (include Sec 49) Department of Industry, Trade and Tourism Department of Insurance Department of Juvenile Justice Department of Labor (include Sec. 49) Department of Law Department of Medical Assistance Indigent Care Trust Fund

$31,091,179 26,729,258 106,721,010
40,120,426
42,701,156 10,043,364 37,498,780 830,596,563 47,142,156 5,710,952 4,868,743,039 266,320,328 35,339,575 58,645,843 34,742,806
1,221,029,766
34,027,154 15,080,379 238,633,573 21,851,579 14,250,119
1,236,119,305 148,828,880

($765,206) (657,851) (2,626,582)
(987,430)
(1,050,946) (247,184) (922,907)
(20,442,363) (1,160,247)
(140,556) (2,360,575)
(869,766) (1,443,373)
(855,078)
(30,051,573)
(837,465) (371,153) (5,873,169) (537,804) (350,719)
(30,422,952) -

$30,325,973 26,071,407 104,094,428
39,132,996
41,650,210 9,796,180 36,575,873 810,154,200 45,981,909 5,570,396 4,866,382,464 266,320,328 34,469,809 57,202,471 33,887,728
1,190,978,193
33,189,689 14,709,226 232,760,404 21,313,775 13,899,400
1,205,696,353 148,828,880

MONDAY, MARCH 8, 1999

1371

Department of Natural Resources
Department of Public Safety
Public School Employee's Retirement System
Public Service Commission
Board of Regents, University System of Georgia
Lottery Funds Department of
Revenue Secretary of
State Soil and Water
Conservation Commission
Student Finance Commission
Lottery Funds Teachers Retirement
System Department of
Technical and Adult Education Lottery Funds Department of Transportation Department of Veterans Worker's Compensation Board General Obligation Debt Sinking Fund Salary Adjustments State Funds Budgeted

101,973,564 119,476,105

(2,509,739) (2,940,506)

99,463,825 116,535,599

18,122,000 8,794,941

(446,013) (216,458)

17,675,987 8,578,483

1,555,272,728 25,966,000
180,815,842
32,172,753

(38,277,848)
(4,450,179) (791,825)

1,516,994,880 25,966,000
176,365,663
31,380,928

2,185,179
32,814,183 231,075,489
9,644,063

(53,781) (807,612)
(237,356)

2,131,398
32,006,571 231,075,489
9,406,707

247,645,080 19,638,183
574,340,175
19,996,798
11,300,104

(6,094,957)
(205,266) (492,154) (278,114)

241,550,123 19,638,183
574,134,909
19,504,644
11,021,990

475,043,915 252,859,588
$13,291,103,880

(6,223,295) ($167,000,000)

475,043,915 246,636,293
$13,124,103,880

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

N Alien N Anderson N Ashe N Bailey
Bannister N Barnard N . Barnes N Benefield N Birdsong
Y Bohannon N Bordeaux N Borders Y Bridges
N Brooks Y Brown

N Buck
N Buckner
N Bulloch Y Bunn Y Burkhalter N Byrd Y Callaway Y Campbell N Cash N Channell N Childers Y Clark Y Coan N Coleman, B N Coleman, T

N Connell Y Cooper N Cox N Crawford N Cummings Y Davis, M N Davis, T Y Day N Dean N DeLoach, B Y DeLoach, G Y Dix
N Dixon
N Dodson N Dukes

Y Ehrhart N Epps Y Evans
Everett
N Felton N Floyd Y Franklin N Golick N Graves N Greene Y Grindley Y Hammontree N Hanner N Harbin N Harrell

N Heard Heckstall
N Hegstrom
N Hembree N Henson N Holland N Holmes N Houston N Howard Y Hudgens
N Hudson, H
N Hudson, N N Hugley Y Irvin N Jackson, B

1372
N Jackson, L N James N Jamieson N Jenkins Y Jennings N Jones Y Joyce Y Kaye N Lane Y Lewis N Lord N Lucas N Maddox Y Mann N Manning N Martin, J N Martin, J.L Y Massey N McBee N McCall N McClinton

JOURNAL OF THE HOUSE

N McKinney N Millar Y Mills N Mobley N Morris N Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish N Parsons N Pelote
Y Pinholster N Poag Y Ponder N Porter N Powell N Purcell
N Ragas
N Randall

N Ray N Reaves N Reece N Reed Y Reese N Reichert Y Rice Y Richardson N Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett Y Scheid N Scott N Shanahan N Shaw N Shipp N Sholar N Sims

N Sinkfield N Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre
Y Snelling
N Snow
N Squires N Stallings Y Stancil N Stanley, P N Stanley-Turner N Stephens N Stokes N Stuckey

N Taylor N Teague N Teper N Tollman N Tolbert N Trense N Turnquest N Twiggs N Unterman N Walker, L Y Walker, R.L N Watson Y West Y Westmoreland N Whitaker Y Wiles Y Williams, J N Williams, E N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 47, nays 129.
The amendment was lost.
Representatives Golick of the 30th, Stephens of the 150th and Harbin of the 113th stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.
Representative Everett of the 163rd 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 amendment was read:

Representative Stancil of the 16th moves to amend the Committee substitute to HB 144 by (removing from) state funds for the Department of Community Affairs, Section 7, re lating to State Fiscal Year 2000 the figure $1,000,000, and by (decreasing) the object classes as listed below:

Object Classes

Local Assistance Grants

1,000,000

Total Funds State Funds

1,000,000 1,000,000

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

Alien Anderson Ashe
Bailey
Bannister
Barnard Barnes Benefield Birdsong Bohannon
Bordeaux
Borders Bridges

N Brooks
Y Brown
N Buck N Buckner N Bulloch Y Bunn Y Burkhalter N Byrd Y Callaway N Campbell N Cash N Channell N Childers

Y Clark Y Coan N Coleman, B N Coleman, T N Connell Y Cooper N Cox
Y Crawford N Cummings Y Davis, M N Davis, T N Day
N Dean

N DeLoach, B Y DeLoach, G N Dix N Dixon Y Dodson N Dukes Y Ehrhart N Epps Y Evans
Everett N Felton N Floyd Y Franklin

Y Golick N Graves N Greene Y Grindley Y Hammontree N Hanner N Harbin N Harrell N Heard
Heckstall N Hegstrom N Hembree N Henson

Holland Holmes Houston Howard Hudgens Hudson, H Hudson, N Hugley Irvin Jackson, B Jackson, L James Jamieson Jenkins Jennings Jones Joyce Kaye Lane Lewis
Lord Lucas Maddox

MONDAY, MARCH 8, 1999

1373

Y Mann N Manning N Martin, J N Martin, J.L Y Massey N McBee N McCall N McClinton N McKinney N Millar Y Mills N Mobley
N Morris
N Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish N Parsons N Pelote Y Pinholster N Poag

N Ponder N Porter N Powell N Purcell N Ragas N Randall N Ray N Reaves N Reece N Reed Y Reese N Reichert N Rice Y Richardson N Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett Y Scheid N Scott N Shanahan

N Shaw
N Shipp N Sholar
N Sims N Sinkfield
N Skipper Y Smith, B
N Smith, C Y Smith, C.W
N Smith, L
N Smith, L.R N Smith, P
N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil
N Stanley, P N Stanley-Turner N Stephens

N Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Tolbert N Trense N Turnquest N Twiggs N Unterman N Walker, L N Walker, R.L N Watson N West Y Westmoreland N Whitaker Y Wiles Y Williams, J N Williams, R
Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 42, nays 134.

The amendment was lost.

Representatives Everett of the 163rd and Wix of the 33rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be re corded as voting "nay" thereon.

The Committee substitute was adopted.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks N Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd N Callaway Y Campbell Y Cash Y Channel! Y Childers N Clark

N Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings
N Davis, M Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes
N Ehrhart
Y Epps N Evans Y Everett Y Felton Y Floyd N Franklin Y Golick Y Graves

Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley N Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones

Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L N Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote N Pinholster Y Poag Y Ponder
Y Porter
Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed N Reese Y Reichert Y Rice Y Richardson Y Roberts
Y Rogers
Y Royal N Sanders Y Sauder
Y Scarlett
Y Scheid Y Scott Y Shanahan Y Shaw

1374
Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C N Smith, C.W Y Smith, L

JOURNAL OF THE HOUSE

Y Smith, L.R Y Smith, P Y Smith, T N Smith, V
Y Smyre Y Snelling Y Snow Y Squires Y Stallings

N Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes
Y Stuckey Y Taylor Y Teague Y Teper

Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson

West Westmoreland Whitaker Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 159, nays 19. The Bill, having received the requisite constitutional majority, was passed, by substitute. By unanimous consent, HB 144 was ordered immediately transmitted to the Senate. The Speaker announced the House in recess until 2:00 o'clock this afternoon.

MONDAY, MARCH 8, 1999

1375

AFTERNOON SESSION
The Speaker Pro Tern called the House to order.
The following Resolutions of the House were read and adopted: HR 479. By Representatives Ray of the 128th and Jenkins of the 110th:
A resolution commending and honoring Charlie Frank Harris. HR 480. By Representatives Ray of the 128th and Jenkins of the 110th:
A resolution commending the Georgia Association of Personnel Services. HR 481. By Representatives Bailey of the 93rd, Benefield of the 96th, Dodson of the
94th and Barnes of the 97th: A resolution recognizing and commending Securus House in Clayton County. HR 482. By Representatives Sauder of the 29th, Murphy of the 18th, Bunn of the 74th, Irvin of the 45th, Connell of the 115th and others: A resolution commending LeRoy Powell. HR 483. By Representatives Ashe of the 46th, Irvin of the 45th, Bunn of the 74th, Snelling of the 99th, Brown of the 130th and others: A resolution honoring the Reverend W. Frank Harrington and expressing re gret at his passing. HR 484. By Representatives Porter of the 143rd and Coleman of the 142nd: A resolution expressing regret at the passing of Kyle Wayne Dinkheller. HR 485. By Representatives Connell of the 115th, Murphy of the 18th, Harbin of the 113th, Howard of the 118th, DeLoach of the 119th and others: A resolution honoring Joseph Robert Williams, Jr., and expressing regret at his passing. HR 486. By Representatives Shipp of the 38th, Wiles of the 34th, Sauder of the 29th, Parsons of the 40th and Manning of the 32nd: A resolution commending the Kennesaw State University Mock Trial Team. HR 487. By Representative Rogers of the 20th: A resolution recognizing and commending Reverend William E. Cloud. HR 488. By Representatives Porter of the 143rd, McBee of the 88th, Hembree of the 98th, Bridges of the 9th, Scott of the 165th and others: A resolution commending the University System of Georgia Outstanding Scholars on Academic Recognition Day. HR 489. By Representatives Pelote of the 149th, Bordeaux of the 151st and Mueller of the 152nd: A resolution commending Mr. Charles Elmore. HR 490. By Representatives Franklin of the 39th and Parsons of the 40th: A resolution commending Susan Ragan. HR 491. By Representatives McBee of the 88th, Hudgens of the 24th and Heard of the 89th: A resolution recognizing and commending Rev. Jon Appleton. HR 492. By Representative Squires of the 78th: A resolution commending the Nesbit Elementary School Safety Patrol.

1376

JOURNAL OF 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 follow ing Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 894 Do Pass
Respectfully submitted, /a/ Birdsong of the 123rd
Chairman
Representative Smyre of the 136th District, Chairman of the Committee on Rules, sub mitted 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 296 Do Pass
Respectfully submitted, 1st Smyre of the 136th
Chairman

Representative Benefield of the 96th District, Chairman of the Committee on Transpor tation, submitted the following report:

Mr. Speaker:
Your Committee on Transportation has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the fol lowing recommendation:
HR 437 Do Pass
Respectfully submitted, /a/ Benefield of the 96th
Chairman
Under the general order of business, established by the Committee on Rules, the follow ing Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 752. By Representatives Buck of the 135th and Murphy of the 18th:
A bill to amend Chapter 11 of Title 48 of the Official Code of Georgia Anno tated, relating to cigar and cigarette taxes, so as to provide for additional re quirements with respect to the sale of cigarettes; to prohibit certain types of sales; to provide for restrictions with respect to distributors; to provide for civil penalties; to provide for seizure and forfeiture of contraband.

MONDAY, MARCH 8, 1999

1377

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to cigar and cigarette taxes, so as to provide for additional requirements with respect to the sale of cigarettes; to prohibit certain types of sales; to provide for restrictions with respect to distributors; to provide for criminal penalties; to provide that certain acts shall constitute certain unfair or deceptive acts or practices; to provide for seizure and forfeiture of contraband; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to cigar and cigarette taxes, is amended by adding a new Code section immediately following Code Section 48-11-23, to be designated Code Section 48-11-23.1, to read as follows:
"48-11-23.1.
(a) As used in this Code section, the term 'package' means a pack, carton, or container of any kind in which cigarettes are offered for sale, sold, or otherwise distributed, or intended for distribution, to consumers.
(b) No tax stamp may be affixed to, or made upon, any package of cigarettes if:
(1) The package differs in any respect with the requirements of the Federal Ciga rette Labeling and Advertising Act, 15 U.S.C. Sec. 1331, et seq., for the placement of labels, warnings, or any other information upon a package of cigarettes that is to be sold within the United States;
(2) The package is labeled 'For Export Only,' 'U.S. Tax Exempt,' 'For Use Outside U.S.,' or similar wording indicating that the manufacturer did not intend that the product be sold in the United States;
(3) The package, or a package containing individually stamped packages, has been altered by adding or deleting the wording, labels, or warnings described in para graph (1) or (2) of this subsection;
(4) The package has been imported into the United States after January 1, 2000, in violation of 26 U.S.C. Sec. 5754; or
(5) The package in any way violates federal trademark or copyright laws.
(c) Any person who sells or holds for sale cigarette packages to which is affixed a tax stamp in violation of subsection (b) of this Code section shall be guilty of a misdemeanor.
(d) Notwithstanding any other provision of law, the commissioner may revoke any li cense issued under this chapter to any person who sells or holds for sale a cigarette package to which is affixed a tax stamp in violation of subsection (b) of this Code section.

1378

JOURNAL OF THE HOUSE

(e) Notwithstanding any other provision of law, the commissioner may seize and de stroy or sell to the manufacturer, only for export, packages that do not comply with subsection (b) of this Code section.
(f) A violation of subsection (b) of this Code section shall constitute an unfair and de ceptive act or practice under Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.'"
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substi tute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 96, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representatives Mills of the 21st, Kaye of the 37th, Callaway of the 81st, Bridges of the 9th, Tolbert of the 25th, Massey of the 86th and Borders of the 177th would like to be recorded as voting "aye" on HB 752. HB 818. By Representative Harbin of the 113th:
A bill to amend Code Section 33-24-44 of the Official Code of Georgia Anno tated, relating to cancellation of policies generally, so as to provide that no tice of cancellation shall not be required in certain cases.
The following amendment was read and adopted:
The Committee on Insurance moves to amend HB 818 by striking line 14 of page 1 and inserting in lieu thereof the following:
"insurance is void ab initio for failure of.
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 96, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Representatives Massey of the 86th and Borders of the 177th would like to be recorded as voting "aye" on HB 818. HB 852. By Representatives Sinkfield of the 57th, Martin of the 47th and Taylor of
the 134th: 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 authorize the Department of Human Resources to provide temporary care and supervision for a child, without court authorization, when, as a result of an emergency or illness, the person in whose custody such child is found is unable to provide for the care of such child.

MONDAY, MARCH 8, 1999

1379

The following amendment was read and adopted:

Representatives Sinkfield of the 57th, Martin of the 47th and Taylor of the 134th move to amend HB 852 by striking (2) lines 30-33 in its entirety on Page 1 and inserting on Page 2 for (b) on line 11 the following:

(b) Immediately upon receiving custody of the child or children, the Department shall begin a diligent search for a relative or other designee of the parent who can provide for the care and supervision of the child or children.
And rearrange alphabetically so that (b) becomes (c), (c) becomes (d), (d) becomes (e), and (e) becomes (f).

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 Ashe Bailey Bannister Barnard Barnes Benefield Birdsong Bohannon Bordeaux
Borders
Bridges
Brooks Brown Buck
Buckner
Bulloch Bunn Burkhalter Byrd Callaway
Campbell Cash
Channell Childers Clark Coan Coleman, B Coleman, T Connell Cooper Cox Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G E Dix
Dixon
Y Dodson Dukes
Y Ehrhart Epps Evans
Y Everett Felton Floyd
Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin
Harrell Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye
Lane
Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning Y Martin, J
Y Martin, J.L Y Massey Y McBee
McCall Y McClinton Y McKinney Y Millar Y Mills
Mobley
Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Pelote Pinholster Poag Ponder Porter Powell Purcell
Ragas Randall
Ray Reaves
Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L

Smith, L.R Smith, P Smith, T Smith, V
Smyre
Snelling
Snow Squires Stallings
Stancil Stanley, P
Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper Tillman Tolbert
Trense Turnquest Twiggs Unterman Walker, L Walker, R.L Watson West Westmorland Whitaker
Wiles Williams, J Williams, R Wix
Yates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Due to a mechanical malfunction, the vote of Representative Cash of the 108th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.
By unanimous consent, HB 852 was ordered immediately transmitted to the Senate.

1380

JOURNAL OF THE HOUSE

HB 250. By Representative Campbell of the 42nd:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia Anno tated, relating to records that are not subject to public disclosure, so as to exempt from public disclosure engineers' cost estimates and rejected or de ferred bid proposals received or prepared by counties or municipalities.

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

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

Alien
Anderson
Ashe
Bailey
Bannister
Barnard
Barnes
Benefield Birdsong
Bohannon
Bordeaux
Borders Y Bridges Y Brooks
Brown Buck Buckner Bulloch Bunn Burkhalter Byrd Callaway Campbell Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell Cooper Cox Crawford Cummings Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G E Dix Y Dixon Y Dodson
Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Jones
Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCail Y McClinton Y McKinney Y Millar Y Mills
Mobley Y Morris Y Mosley Y Mueller Y (Weal Y Orrock Y Parham Y Parrish Y Parsons

Pelote
Pinholster
Poag
Ponder Porter Powell Purcell Ragas Randall Ray Reaves Reece Reed Reese
Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder
Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L

Smith, L.R Smith, P Smith, T Smith, V
Smyre
Snelling Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Unterman Walker, L Walker, R.L Watson West
Westmoreland
Whitaker Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

On the passage of the Bill, the ayes were 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Representatives Birdsong of the 123rd and Jones of the 71st stated that they had been called from the floor of the House during the preceding roll call. They wished to be re corded as voting "aye" thereon.
By unanimous consent, HB 752 was ordered immediately transmitted to the Senate.
The Speaker assumed the Chair. HB 432. By Representatives Rogers of the 20th and Murphy of the 18th:
A bill to amend Code Section 46-5-27 of the Official Code of Georgia Anno tated, relating to prohibited telephone solicitation of objecting residential

MONDAY, MARCH 8, 1999

1381

telephone subscribers, so as to provide that such prohibition shall not apply to certain calls by certain persons engaged in certain businesses.

Pursuant to Rule 134, Representatives Stancil of the 16th, Kaye of the 37th, Scott of the 165th, Burkhalter of the 41st, Mann of the 5th, Manning of the 32nd, Borders of the 177th, Reese of the 85th, Millar of the 59th, Westmoreland of the 104th, Scheid of the 17th, Wix of the 33rd, Everett of the 163rd, Heard of the 89th, Smith of the 91st, Cash of the 108th and Dukes of the 161st were excused from voting on HB 432.

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

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

Alien Anderson Ashe Bailey
Bannister
Barnard Barnes Benefield Birdsong Bohannon
Bordeaux Borders Bridges Brooks Brown Buck Buckner Bulloch
Bunn Burkhalter Byrd Callaway Campbell Cash Channell
Childers
Clark
Coan
Coleman, B
Coleman, T
Connell
Cooper
Cox
Crawford C urnm i ngs Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B
DeLoach, G Y Dix Y Dixon Y Dodson
Dukes Ehrhart Y Epps Y Evans Everett Y Felton Y Floyd Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Harbin N Harrell Heard Heckstall Hegstrom Y Hembree Y Henson Holland Y Holmes Y Houston Howard Hudgens Hudson, H Hudson, N

Hugley N Irvin N Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Jones
Joyce Kaye Y Lane Y Lewis Y Lord
Y Lucas Y Maddox
Mann
Manning Y Martin, J Y Martin, J.L N Massey N McBee Y McCall N McClinton Y McKinney
Millar Y Mills Y Mobley Y Morris Y Mosley
Mueller Y O-Neal Y Orrock Y Parham Y Parrish Y Parsons

Pelote Pinholster Poag Ponder Porter Powell Purcell Ragas Randall Ray Reaves Reece Reed Reese Reichert Rice
Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L

Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow Squires Stallings Stancil Stanley, P Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper Tillman Tolbert Trense Turnquest Twiggs Unterman Walker, L Walker, R.L Watson West Westmoreland Whitaker Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

On the passage of the Bill, the ayes were 117, nays 14.
The Bill, having received the requisite constitutional majority, was passed.
Representative Twiggs of the 8th stated that he inadvertently voted "nay" on the preced ing roll call. He wished to be recorded as voting "aye" thereon.
Representatives Jones of the 71st and Cox of the 105th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
By unanimous consent, HB 432 was ordered immediately transmitted to the Senate.

1382

JOURNAL OF THE HOUSE

HB 779. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, relating to employment security, so as to enact the "Workforce Rein vestment Act of 1999"; to provide for a new employer rate of contributions; to repeal the drug-free workplace tax reduction; to extend certain sunset provisions.

The following amendment was read and adopted:

The Committee on Industrial Relations moves to amend HB 779 by striking the designa tion "(c)" on line 20 on page 9 and inserting in its place the designation "(C)".
B"Ryatsitor"i.king the word "Ration" on line 13 on page 13 and inserting in its place the word
By striking on line 27 on page 16 the number "0.8" and inserting in lieu thereof the number "0.08".
By striking the word "a" on line 9 on page 17.
By striking the word "Radio" on line 31 on page 18 and inserting in lieu thereof the word "Ratio".

The following amendment was read:

Representatives Ehrhart of the 36th, Coan of the 82nd, Snelling of the 99th, Davis of the 60th and Irvin of the 45th move to amend HB 779 as follows:
Page 2 restore lines 20 thru 26
Page 15 restore lines 22 thru 42.

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

Alien
Anderson
Ashe Bailey
Bannister
Barnard
Barnes Benefield Birdsong Bohannon
Bordeaux Borders Bridges Brooks Brown Buck Buckner Bulloch Bunn Burkhalter Byrd Callaway N Campbell Y Cash Channel! Childers
Clark Coan
Coleman, B
Coleman, T
Connell

Y Cooper Y Cox N Crawford N Cummings Y Davis, M N Davis, T N Day N Dean N DeLoach, B Y DeLoach, G Y Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans Y Everett Y Felton N Floyd
Y Franklin Y Golick Y Graves N Greene
Y Grindley Y Hammontree N Hanner Y Harbin N Harrell N Heard
Heckstall

N Hegstrom Y Hembree N Henson N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Y Irvin Y Jackson, B
N Jackson, L
N James
N Jamieson N Jenkins
Jennings
N Jones Y Joyce Y Kaye
Lane
Y Lewis N Lord N Lucas N Maddox Y Mann Y Manning N Martin, J Y Martin, J.L Y Massey

N McBee McCall
N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley Y Mueller N O'Neal
Orrock N Parham N Parrish Y Parsons N Pelote Y Pinholster N Poag N Ponder N Porter Y Powell
N Purcell N Ragas N Randall N Ray N Reaves N Reece N Reed Y Reese N Reichert Y Rice

Y Richardson N Roberts
N Rogers
N Royal Y Sanders Y Sauder Y Scarlett Y Scheid N Scott N Shanahan
Shaw Y Shipp N Sholar N Sims N Sinkfield N Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley, P

Stanley-Turner Stephens
Stokes Stuckey Taylor

MONDAY, MARCH 8, 1999

1383

Teague Teper Tillman Tolbert Trense

Turnquest Twiggs Unterman Walker, L Walker, R.L

N Watson N West Y Westmoreland Y Whitaker Y Wiles

Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Spin-

On the adoption of the amendment, the ayes were 62, nays 110.

The amendment was lost.

The following amendment was read:

Representative Franklin of the 39th moves to amend HB 779 by striking the word "con tributions" on lines 4, 9, and 27 on page 1 and line 30 on page 2 and inserting in lieu thereof the word "taxation".
By striking the word "contribution" on line 25 on page 8, lines 16 and 24 on page 9, and line 28 on page 13 and inserting in lieu thereof the word "taxation".
By striking the word "contributions" on line 19 on page 3, line 18 on page 5, and line 21 on page 14 and inserting in lieu thereof "eontributiona taxation".
By striking the word "contribution" on line 37 on page 2; line 23 on page 3; line 26 on page 4; line 26 on page 6; line 21 on page 10; lines 6 and 30 on page 11; line 17 on page 12; line 4 on page 13; lines 14, 27, 29, 30, 32, 35, and 40 on page 14; and lines 12, 14, 15, 17, and 20 on page 15 and inserting in lieu thereof "contribution taxation".
By striking the word "contributions" on line 14 on page 2; lines 21, 24, and 29 on page 7; lines 24, 27, and 32 on page 8; and lines 31 and 33 on page 16 and inserting in lieu thereof the word "taxes".
By striking the word "contributions" on line 32 on page 1; line 35 on page 2; lines 22, 25, and 30 on page 3; lines 25, 28, and 33 on page 4; lines 21, 24, and 29 on page 5; lines 24, 27, and 32 on page 6; line 6 on page 15; and lines 18 and 20 on page 16 and in serting in lieu thereof "contributions taxes".
By striking the word "Contribution" on line 37 on page 3, line 40 on page 4, line 36 on page 5, line 40 on page 6, line 36 on page 7, and line 39 on page 8 and inserting in lieu thereof "Contribution Tax".
By striking the word "Contributions" on line 28 on page 3, line 31 on page 4, and line 27 on page 5 and inserting in lieu thereof "Oontributiona Taxes".
By striking the word "Contributions" on line 27 on page 7 and line 30 on page 8 and in serting in lieu thereof "Taxes".

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

Alien Anderson Ashe Bailey Bannister Barnard Barnes Benefield Birdsong Bohannon Bordeaux Borders Bridges Brooks Brown Buck Buckner

N Bulloch Y Bunn N Burkhalter N Byrd Y Callaway N Campbell N Cash N Channell N Childers N Clark Y Coan N Coleman, B N Coleman, T N Connell N Cooper N Cox N Crawford

N Cummings Y Davis, M N Davis, T N Day N Dean N DeLoach, B Y DeLoach, G N Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans
N Everett N Felton N Floyd

Y Franklin
N Golick
N Graves N Greene Y Grindley N Hammontree N Hanner Y Harbin N Harrell N Heard
Heckstall N Hegstrom Y Hembree
N Henson N Holland N Holmes N Houston

N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley N Irvin Y Jackson, B
N Jackson, L N James N Jamieson N Jenkins Y Jennings N Jones Y Joyce Y Kaye N Lane N Lewis

1384
N Lord N Lucas N Maddox N Mann N Manning N Martin, J N Martin, J.L Y Massey N McBee
McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley N Mueller N O'Neal

JOURNAL OF THE HOUSE

Orrock
N Farham N Parrish N Parsons N Pelote
Pinholster N Poag Y Ponder N Porter N Powell N Purcell N Ragas N Randall N Ray N Reaves N Reece N Reed Y Reese
N Reichert

N Rice N Richardson N Roberts N Rogers N Royal Y Sanders N Sauder Y Scarlett Y Scheid N Scott N Shanahan
Shaw
N Shipp N Sholar N Sims N Sinkfield N Skipper Y Smith, B N Smith, C

Y Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T N Smith, V N Smyre Y Snelling N Snow N Squires N Stallings N Stancil N Stanley, P
Stanley-Turner
N Stephens N Stokes N Stuckey N Taylor
N Teague

N Teper N Tillman N Tolbert N Trense N Turnquest N Twiggs N Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland N Whitaker Y Wiles Y Williams, J N Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 36, nays 137.

The amendment was lost.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn
Y Burkhalter
Y Byrd Y Callaway
Y Campbell
Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal
Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves
Y Reece
Y Reed
Y Reese
Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

MONDAY, MARCH 8, 1999

1385

On the passage of the Bill, as amended, the ayes were 176, nays 0.

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

By unanimous consent, HB 779 was ordered immediately transmitted to the Senate.
HB 755. By Representatives Coleman of the 142nd, Parrish of the 144th and Royal of the 164th:
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 change provisions relating to state service delivery regions.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter
Y Byrd Y Callaway Y Campbell Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B
Y Coleman, T
Connell
Y Cooper
Y Cox
Y Crawford
Y Cummings
Y Davis, M

Davis, T Day Dean DeLoach, B DeLoach, G Dix Dixon Dodson Dukes Ehrhart Epps Evans Everett Felton Floyd Franklin Golick Graves Greene Grindley Hammontree Hanner Harbin Harrell Heard Heckstall Hegstrom Hembree Henson Holland Holmes Houston Howard Hudgens Hudson, H Hudson, N

Y Hugley
Irvin
Y Jackson, B
Y Jackson, L
Y James
Y Jamieson
Y Jenkins
Y Jennings
Y Jones
Y Joyce
Y Kaye
Y Lane Y Lewis
Y Lord
Y Lucas
Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey
McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal
Orrock
Parham
Parrish
Parsons

Pelote Pinholster
Poag Ponder Porter Powell Purcell
Ragas Randall Ray Reaves
Reece Reed Reese Reichert Rice Richardson
Roberts Rogers Royal Sanders
Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B
Smith, C Smith, C.W Smith, L

Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow Squires Stallings Stancil Stanley, P Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper Tillman Tolbert Trense Turnquest Twiggs Unterman
Walker, L Walker, R.L
Watson West Westmoreland Whitaker Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

On the passage of the Bill, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed. HR 47. By Representative Birdsong of the 123rd:
A resolution compensating Mr. Robert C. Stripling.
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:

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JOURNAL OP THE HOUSE

Y Alien Y Anderson Y Ashe Y Bailey
Y Bannister Y Barnard Y Barnes Y Bern-field Y Birdsong
Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner
Bulloch
Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark
Coan
Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox
Crawford
Y Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart
Epps Evans Y Everett Y Felton
Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Irvin
Y Jackson, B Y Jackson, L
James Y Jamieson Y Jenkins
Jennings Y Jones Y Joyce Y Kaye
Lane Y Lewis Y Lord
Lucas Y Maddox
Y Mann
Y Manning
Y Martin, J Y Martin, J.L Y Massey Y McBee
McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
Mueller Y CWea!
Orrock Y Parham Y Parrish Y Parsons

Pelote
Pinholster
Y Poag Y Ponder Y Porter
Powell Y Purcell Y Ragas Y Randall Y Ray
Reaves Y Reece Y Reed
Reese
Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal
Sanders Y Sauder Y Scarlett Y Scheid
Scott Y Shanahan
Shaw Y Shipp
Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B
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 Squires E Stallings Y Stancil
Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey
Y Taylor
Y Teague Y Teper
Tillman Y Tolbert
Trense Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 147, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted. HR 157. By Representative Tillman of the 173rd:
A resolution compensating Mr. Henry C. Batson.
The following amendment was read and adopted:
The Committee on Appropriations moves to amend HR 157 by striking from line 24 on page 1 the following:
"$14,868.00", and inserting in lieu thereof on both such lines the following:
"$2,500.00". By striking in their entirety lines 28 through 35 on page 1 and lines 1 through 3 on page 2 and inserting in lieu thereof the following: "NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the Department of Corrections is authorized and directed to pay the sum of $2,500.00 to Mr. Henry C. Batson as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Department of Corrections and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence."

MONDAY, MARCH 8, 1999

1387

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

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

Y Alien Y Anderson
Y Ashe Y Bailey
Y Bannister
Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux
Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox
Crawford
Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G E Dix
Dixon
Y Dodson Y Dukes Y Ehrhart
Y Epps Y Evans Y Everett Y Pelton Y Floyd N Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Houston Y Howard
Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce
Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
Mueller
Y O'Neal
Orrock
Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster
Y Poag Y Ponder
Porter
Y Powell Y Purcell Y Ragas
Y Randall
Ray
Reaves
Y Reece Y Reed
Reese
Y Reichert Rice
Y Richardson Y Roberts
Y Rogers
Y Royal Y Sanders Y Sauder
Y Scarlett
Y Scheid
Y Scott
Y Shanahan Shaw
Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires
E Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey
Y Taylor
Y Teague Y Teper Y Tillman Y Iblbert Y Trense
Turnquest
Y Twiggs
Y Unterman
Y Walker, L
Y Walker, R.L
Y Watson
Y West
Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the adoption of the Resolution, as amended, the ayes were 159, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, as amended. HR 94. By Representative Campbell of the 42nd:
A resolution compensating A. K. Pearson.
The following amendment was read and adopted:
The Committee on Appropriations moves to amend HR 94 by striking from lines 22 and 28 on page 1 the following:
"$1,130.95", and inserting in lieu thereof on both such lines the following:
"$1,000.00".
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.

1388

JOURNAL OF THE HOUSE

HE 161. By Representative Lewis of the 14th: A resolution compensating Mr. Frank Martin.
The following amendment was read and adopted:
The Committee on Appropriations moves to amend HR 161 by striking from lines 9 and 15 on page 1 the following:
"$4,000.00", and inserting in lieu thereof on both such lines the following:
"$3,914.25".
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to. HR 164. By Representative Lewis of the 14th:
A resolution compensating Mr. Tony Richer.
The following amendment was read and adopted:
The House Committee on Appropriations moves to amend HR 164 by striking from lines 9 and 15 on page 1 the following:
"$2,676.28", and inserting in lieu thereof on both such lines the following:
"$2,524.79".
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to. HR 200. By Representative Dukes of the 161st:
A resolution compensating Ms. Bernice D. Harris on behalf of her daughter, Ms. Peggy Sue Harris.
The following amendment was read and adopted:
The Committee on Appropriations moves to amend HR 200 by striking from lines 22 and 28 the following:
"$1,061.88", and inserting in lieu thereof on both such lines the following:
"$750.00".
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to. HR 304. By Representative Hudson of the 120th:
A resolution compensating Mr. Mohammed Ashraf.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. HR 364. By Representatives Parham of the 122nd and Birdsong of the 123rd:
A resolution compensating Mr. Thomas King.

MONDAY, MARCH 8, 1999

1389

The following amendment was read and adopted:

The Committee on Appropriations moves to amend HR 364 by striking from lines 18 and 24 the following:

"$1,945.68", and inserting in lieu thereof on both such lines the following:

"$500.00".
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to. HR 365. By Representative Felton of the 43rd:
A resolution compensating Mr. Hugh Kelley Rickenbaker, III.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
By unanimous consent, the following roll call vote was made applicable to the previously read Resolutions.
On the adoption of the Resolutions, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe
Bailey Y Bannister Y Barnard Y Barnes
Beneneld Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd
Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox
Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean
DeLoach, B Y DeLoach, G E Dix
Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett
Felton Y Floyd Y Franklin Y Golick
Graves Y Greene Y Grindley Y Hammontree Y Hanner
Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson
Holland Holmes Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James
Jamieson Y Jenkins Y Jennings Y Jones Y Joyce
Kaye Y Lane Y Lewis Y I rd
Lacas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey
McBee Y McCall Y McClinton
McKinney Y Millar Y Mills
Mobley Y Morris Y Mosley Y Mueller Y OTSTeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder
Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Reaves Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires E Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes
Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense
Turnquest Y Twiggs Y Untennan Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the adoption of the Resolutions, the ayes were 151, nays 0.

1390

JOURNAL OF THE HOUSE

The Resolutions, having received the requisite constitutional majority, were adopted.
Representative McBee of the 88th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
HB 114. By Representatives Mueller of the 152nd, Manning of the 32nd, Stancil of the 16th, Bordeaux of the 151st, Brooks of the 54th and others:
A bill to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students, so as to provide that alternative school programs shall be subject to the same mandatory education and at tendance requirements as public schools.
The following Committee substitute was read and withdrawn:

A BILL
To amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary students, so as to provide for the application of mandatory education requirements to children between ages seven and 16 apply who are assigned to alternative public school programs and to the parents, guardians, or other persons having control or charge of such children; 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 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary students, is amended in Code Section 20-2-690.1, relating to mandatory education for children between ages seven and 16, by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Every parent, guardian, or other person residing within this state having control or charge of any child or children between their seventh and sixteenth birthdays shall enroll and send such child or children to a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program; and such child shall be responsible for enrolling in and attend ing a public school, a private school, or a home study program that meets the require ments for a public school, a private school, or a home study program under such pen alty for noncompliance with this subsection as is provided in Chapter 11 of Title 15, unless the child's failure to enroll and attend is caused by the child's parent, guardian, or other person, in which case the parent, guardian, or other person alone shall be re sponsible; provided, however, that tests and physical exams for military service and the National Guard and such other approved absences shall be excused absences. The requirements of this subsection shall apply to a child between his or her seventh and sixteenth birthdays who has been assigned by a local board of education or its dele gate to attend an alternative public school program established by that local board of education, including an alternative public school program provided for in Code Section 20-2-769, regardless of whether such child has been suspended or expelled from an other public school program by that local board of education or its delegate, and to the parent, guardian, or other person residing in this state who has control or charge of such child."
SECTION 2.
This Act shall become effective on July 1, 1999, and shall apply to offenses committed on or after that date.

MONDAY, MARCH 8, 1999

1391

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representatives Jamieson of the 22nd and Mueller of the 152nd, was read and adopted:

A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to el ementary and secondary education, so as to change certain provisions regarding special instructional assistance programs for students with developmental deficiencies; to pro vide for the application of mandatory education requirements to children between ages seven and 16 apply who are assigned to alternative public school programs and to the parents, guardians, or other persons having control or charge of such children; to pro vide 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 striking Code Section 20-2-153, relating to spe cial instructional assistance programs for students with developmental deficiencies, and inserting in its place a new Code Section 20-2-153 to read as follows:
"20-2-153.
The State Board of Education shall create a special instructional assistance program to assist students with identified developmental deficiencies which are likely to result in problems in maintaining a level of performance consistent with expectations for their respective ages. Only students enrolled in grades kindergarten through five with documented developmental levels below expectations for their respective ages that are not attributable to an identified disabling condition and who are not enrolled in either the remedial education program or any of the special education programs shall be eli gible for the special instructional assistance program; provided, however, that students with physical disabilities whose special education services consist solely of therapy re lated to the physical disability shall be eligible for the special instructional assistance program if they meet all other criteria of this Code section. The state board shall specify the instruments and process used to determine student eligibility for this pro gram, including specification of the student eligibility criteria to be applied, the allow able educational services to be provided under this Code section, and the funding guidelines to be used in distributing state funds to participating local school systems. Such policies and guidelines shall be submitted to the General Assembly for review and comment prior to the request for funding by the state board. Each local school system shall annually report by grade level the number of eligible students, the num ber of students served, the types of services provided, and the average achievement of students served. For the first year of implementation of this program state wide, the state board shall request an amount for grants to local school systems based upon doc umentation of the number of eligible students estimated to be served; provided, how ever, that funds appropriated for this program in the initial year of operation shall be allocated only on the basis of the documented actual number of students being served during the initial year. For the second year of operation and thereafter, the amount of funds appropriated and allocated for this program shall be based on the actual count of students served during the preceding year. In the event that insufficient funds are appropriated by the General Assembly to serve all eligible students in this program,

1392

JOURNAL OF THE HOUSE

any funds which are appropriated shall be directed toward addressing the needs of the youngcat most needy eligible students in each local school system as identified by the local board of education in each local system."

SECTION 2.
Said chapter is further amended by striking subsection (a) of Code Section 20-2-690.1, relating to mandatory education for children between ages seven and 16, and inserting in its place a new subsection (a) to read as follows:

"(a) Every parent, guardian, or other person residing within this state having control or charge of any child or children between their seventh and sixteenth birthdays shall enroll and send such child or children to a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program; and such child shall be responsible for enrolling in and attend ing a public school, a private school, or a home study program that meets the require ments for a public school, a private school, or a home study program under such pen alty for noncompliance with this subsection as is provided in Chapter 11 of Title 15, unless the child's failure to enroll and attend is caused by the child's parent, guardian, or other person, in which case the parent, guardian, or other person alone shall be re sponsible; provided, however, that tests and physical exams for military service and the National Guard and such other approved absences shall be excused absences. The requirements of this subsection shall apply to a child between his or her seventh and sixteenth birthdays who has been assigned by a local board of education or its dele gate to attend an alternative public school program established by that local board of education, including an alternative public school program provided for in Code Section 20-2-769, regardless of whether such child has been suspended or expelled from an other public school program by that local board of education or its delegate, and to the parent, guardian, or other person residing in this state who has control or charge of
such child."

SECTION 3.
This Act shall become effective on July 1, 1999, and Section 2 of this Act shall apply to offenses committed on or after that date.

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

The report of the Committee, which was favorable to the passage of the Bill, by substi tute, was agreed to, by substitute.

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister
Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks
Y Brown Y Buck

Y Buckner Y Bulloch Y Bunn Y Burkhalter
Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers N Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper

Y Cox Crawford
Y Cummings Y Davis, M Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G E Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans

Everett Felton Floyd Franklin Golick Graves Greene Grindley Hammontree Banner Harbin Harrell Heard Heckstall Hegstrom Hembree

Henson Holland Holmes Houston Howard Hudgens Hudson, H
Hudson, N Hugley Irvin
Jackson, B Jackson, L James Jamieson Jenkins Jennings

Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley

MONDAY, MARCH 8, 1999

1393

Y Morris Y Mosley Y Mueller Y OTsTeal Y Orrock Y Parham Y Parrish Y Parsons
Pelote Y Pinholster Y Poag
Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray
Reaves Y Reece

Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper

Y Smith, B 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 Squires E Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor

Y Teague Y Teper Y Tillman Y Tolbert Y Trense
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 167, nays 1.

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

The Speaker Pro Tern assumed the Chair. HR 416. By Representative Parrish of the 144th:
A resolution designating the L.C. "Shot" Strange Highway.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T
Connell Y Cooper Y Cox

Crawford Y Cummings Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G E Dix Y Dixon Y Dodson Y Dukes
Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves
Greene Y Grindley Y Hammontree Y Banner
Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland

Holmes Y Houston Y Howard Y Hudgens Y Hudson, H
Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce
Kaye Lane Y Lewis Y Lord Lucas Y Maddox Mann Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills

Mobley Morris Mosley Mueller O'Neal Orrock Parham Parrish Parsons Pelote Pinholster Poag Ponder Porter Powell Purcell Ragas Randall Ray Reaves Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid

Y Scott Y Shanahan
Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires E Stallings Y Stancil Y Stanley, P
Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense

1394
Turnquest Y Twiggs Y Unterman

JOURNAL OF THE HOUSE

Y Walker, L Walker, R.L
Y Watson

West Westmoreland Whitaker

Y Wiles Williams, J
Y Williams, R

Y Wix Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 156, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
HB 650. By Representatives Porter of the 143rd, Hanner of the 159th, Coleman of the 142nd and Shanahan of the 10th:
A bill to amend Code Section 12-9-5 of the Official Code of Georgia Anno tated, relating to the powers and duties of the Board of Natural Resources relative to air quality, so as to provide that the board shall adopt standards and practices to reduce odors from rendering plants.

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

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

Y Alien
Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard
Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux
Y Borders Y Bridges Y Brooks Y Brown Y Buck
Y Buckner Y Bulloch Y Bunn Y Burkhalter
Y Byrd Y Callaway Y Campbell Y Cash Y Channell
Y Childers Y Clark
Coan Y Coleman, B
Y Coleman, T Connell
Y Cooper Y Cox
Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G E Dix
Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd N Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B
Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones N Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Pelote Pinholster Poag Ponder Porter Powell Purcell Kagas Randall Ray Reaves Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L

Smith, L.R
Smith, P
Smith, T
Smith, V
Smyre Snelling Snow
Squires
E Stallings
Y Stancil
Y Stanley, P
Y Stanley-Turner
Y Stephens Stokes Stuckey Taylor Teague Teper Tillman
Tolbert Trense Turnquest Twiggs Unterman Walker, L Walker, R.L Watson West Westmoreland Whitaker Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

On the passage of the Bill, the ayes were 162, nays 3.
The Bill, having received the requisite constitutional majority, was passed. HB 502. By Representatives Lane of the 146th, Jamieson of the 22nd, Purcell of the
147th, Skipper of the 137th, Channell of the lllth and others: A bill to amend Code Section 12-5-135 of the Official Code of Georgia Anno tated, relating to requirement of bond or letter of credit from a water well

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contractor or driller, so as to provide that the bond or irrevocable letter of credit required by law shall have state-wide application.

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

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

Y Alien Anderson
Y Ashe Y Bailey Y Bannister Y Barnard
Barnes Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G E Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin
Harrell Y Heard
Heckstall Y Hegstrom Y Hembree
Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall
McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Eandall Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow Squires Stallings Stancil Stanley, P Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper Tillman Tolbert Trense Turnquest Twiggs Unterman Walker, L Walker, R.L Watson West Westmoreland Whitaker Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

On the passage of the Bill, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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.
Representative Sinkfield of the 57th District, Chairman of the Committee on Children and Youth, submitted the following report:

Mr. Speaker:
Your Committee on Children and Youth has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the follow ing recommendation:
HB 904 Do Pass, by Substitute

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Respectfully submitted, /a/ Sinkfield of the 57th
Chairman
Representative Byrd of the 170th District, Chairman of the Committee on Human Rela tions & Aging, submitted the following report:

Mr. Speaker:
Your Committee on Human Relations & Aging has had under consideration the follow ing Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 863 Do Pass
Respectfully submitted, lal Byrd of the 170th
Chairman
Representative Hudson of the 156th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:
Your Committee on Industry has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 816 Do Pass, by Substitute
Respectfully submitted, lal Hudson of the 156th
Chairman

Representative Benefield of the 96th District, Chairman of the Committee on Transpor tation, submitted the following report:

Mr. Speaker:
Your Committee on Transportation has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the fol lowing recommendation:
HR 261 Do Pass, by Substitute
Respectfully submitted, lal Benefield of the 96th
Chairman
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 279. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of
the 161st: A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide

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for conditions of disclosure of records received or maintained by private per sons or private entities performing services for public entities; to change pro visions relating to the time and manner in which custodians of records must respond to requests for inspection.
The following Senate substitute was read:

A BILL
To amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to change certain exceptions to such inspec tions; to provide for conditions of disclosure of records received or maintained by private persons or private entities performing services for public entities; to change provisions relating to the time and manner in which custodians of records must respond to re quests for inspection; to require provision of access to computer records by electronic means under certain conditions; to provide what fees may be charged for electronic ac cess to records; to provide that where inspection is refused the custodian must make a binding explanation of the reasons for denial; to define a criminal offense of knowing and willful failure or refusal to provide access to records and provide for punishment therefor; 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 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, is amended in Code Section 50-18-70, relating to inspection of public records in general, by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) As used in this article, the term 'public record' shall mean all documents, papers, letters, maps, books, tapes, photographs, computer based or generated information, or similar material prepared and maintained or received in the course of the operation of a public office or agency. 'Public record' shall also mean such items received or main tained by a private person or entity on behalf of a public office or agency which are not otherwise subject to protection from disclosure; provided, however, this Code sec tion shall be construed to disallow an agency's placing or causing such items to be placed in the hands of a private person or entity for the purpose of avoiding disclo sure. Records received or maintained by a private person, firm, corporation, or other private entity in the performance of a service or function for or on behalf of an agency, a public agency, or a public office shall be subject to disclosure to the same extent that such records would be subject to disclosure if received or maintained by such agency, public agency, or public office. As used in this article, the term 'agency" or 'public agency1 or 'public office' shall have the same meaning and application as provided for in the definition of the term 'agency' in paragraph (1) of subsection (a) of Code Section 50-14-1 and shall additionally include any association, corporation, or other similar or ganization which: (1) has a membership or ownership body composed primarily of counties, municipal corporations, or school districts of this state or their officers or any combination thereof; and (2) derives a substantial portion of its general operating budget from payments from such political subdivisions."
SECTION 2.
Said article is further amended in said Code Section 50-18-70 by striking subsection (f) and inserting in its place new subsections (f) and (g) to read as follows:

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"(f) The individual in control of such public record or records shall have a reasonable amount of time to determine whether or not the record or records requested are sub ject to access under this article and to permit inspection and copying. In no event shall this time exceed three business days. Where responsive records exist but are not available within three business days of the request, a written description of such records, together with a timetable for their inspection and copying, shall be provided within that period; provided, however, that records not subject to inspection under this article need not be made available for inspection and copying or described other than as required by subsection (h) of Code Section 50-18-72, and no records need be made available for inspection or copying if the public officer or agency in control of such records shall have obtained, within that period of three business days, an order based on an exception in this article of a superior court of this state staying or refusing the requested access to such records.
(g) At the request of the person, firm, corporation, or other entity requesting such records, records maintained by computer shall be made available where practicable by electronic means, including Internet access, subject to reasonable security restrictions preventing access to nonrequested or nonavailable records."
SECTION 3.
Said article is further amended by striking Code Section 50-18-71.2, relating to notice of estimated copying costs, and inserting in its place a new Code section to read as follows:
"50-18-71.2.

Any agency receiving a request for public records shall be required to notify the party making the request of the estimated cost of the copying, search, retrieval, and other administrative fees authorized by Code Section 50-18-71 as a condition of compliance with the provisions of this article prior to fulfilling the request as a condition for the assessment of any fee; provided, however, that no new fees other than those directly attributable to providing access shall be assessed where records are made available by electronic means."
SECTION 4.
Said article is further amended by adding between paragraphs (11) and (12) of subsec tion (a) of Code Section 50-18-72, relating to exceptions to disclosure of public records, a new paragraph to read as follows:
"(11.1) Personnel files containing personal data profiling an individual and contain ing such information as date or place of birth, names of parents, address or tele phone number, social security number, or insurance or medical information;".
SECTION 4.1.
Said article is further amended in Code Section 50-18-72, relating to exemptions from and construction of the public records law, by adding a new subsection (h) to read as follows:
"(h) Within the three business days applicable to response to a request for access to records under this article, the public officer or agency having control of such record or records, if access to such record or records is denied in whole or in part, shall specify in writing the specific legal authority exempting such record or records from disclo sure, by Code section, subsection, and paragraph. No addition to or amendment of such designation shall be permitted thereafter or in any proceeding to enforce the terms of this article; provided, however, that such designation may be amended or supplemented one time within five days of discovery of an error in such designation or within five days of the institution of an action to enforce this chapter, whichever is

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sooner; provided, further, that the right to amend or supplement based upon discovery of an error may be exercised on only one occasion. In the event that such designation includes provisions not relevant to the subject matter of the request, costs and reason able attorney's fees may be awarded pursuant to Code Section 50-18-73."
SECTION 5.
Said article is further amended by striking "Reserved." from Code Section 50-18-74 and enacting a new Code Section 50-18-74 to read as follows:
"50-18-74.

(a) Any person knowingly and willfully violating the provisions of this article by fail ing or refusing to provide access to records not subject to exemption from this article or by failing or refusing to provide access to such records within the time limits set forth in this article shall be guilty of a misdemeanor and upon conviction shall be pun ished by a fine not to exceed $100.00.
(b) A prosecution under this Code section may only be commenced by issuance of a ci tation in the same manner as an arrest warrant for a peace officer pursuant to Code Section 17-4-40, which citation shall be personally served upon the accused. The defendant shall not be arrested prior to the time of trial, except that a defendant who fails to appear for arraignment or trial may thereafter be arrested pursuant to a bench warrant and required to post a bond for his or her future appearance."
SECTION 6.
This Act shall become effective July 1, 1999.
SECTION 7.
All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:

Representative Smith of the 175th moves to amend the Senate substitute to HB 279 by striking lines 30 through 34 on page 3 and inserting in lieu thereof the following:
" '(H.l) Records that would reveal an individual's home address, telephone number, social security number, date or place of birth, names of parents, or insurance or medical information; provided, however, that such records may be disclosed where the items listed in this paragraph are redacted;'."
Representative Smith of the 175th moved that the House agree to the Senate substitute, as amended by the House, to HB 279.
On the motion, the ayes were 106, nays 1.
The motion prevailed.
Representative Borders of the 177th would like to be recorded as voting "aye" on HB 279.
Under the general order of business, established by the Committee on Rules, the follow ing Bills of the House were taken up for consideration and read the third time:

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HB 809. By Representatives Williams of the 114th, Harbin of the 113th and Randall of the 127th: 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 amendment was read and adopted:
The Committee on Insurance moves to amend HB 809 by striking the figure "400,00" and inserting in its place "400,000" on line 16 of page 1.
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 100, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Representative Borders of the 177th would like to be recorded as voting "aye" on HB 809. HB 257. By Representatives Martin of the 47th, Bordeaux of the 151st and Alien of
the 117th: A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Geor gia Annotated, relating to specific periods of limitation, and Chapter 2 of Ti tle 18 of the Official Code of Georgia Annotated, relating to debtor and credi tor relations, so as to enact the Uniform Fraudulent Transfers Act.
The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, re lating to specific periods of limitation, and Chapter 2 of Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor relations, so as to enact the Uniform Fraudulent Transfers Act; to provide for a short title and for definitions; to provide for circumstances when a debtor or a debtor partnership is insolvent, when a debtor is pre sumed insolvent, when value is given for a transfer or obligation, when a transfer made or obligation incurred by a debtor is fraudulent as to a creditor, and when a transfer is made and an obligation is incurred; to provide factors for determining actual intent in a transfer or obligation; to provide for relief for a creditor against a fraudulent transfer or obligation; to provide for instances when a transfer or obligation is not voidable; to pro vide for rights of a good faith transferee or obligee if a transfer or obligation is voided; to provide for statutes of limitation; to provide for supplementation of this Act; to remove certain duplicate or redundant provisions relating to conveyances by debtors deemed fraudulent and the validity of a conveyance to an innocent subsequent purchaser; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation, is amended by inserting a new Code section to be desig nated Code Section 9-3-35 to read as follows:

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"9-3-35.

An action by a creditor seeking relief under the provisions of Article 4 of Chapter 2 of Title 18, known as the 'Uniform Fraudulent Transfers Act,' shall be brought within the applicable period set out in Code Section 18-2-79."

SECTION 2.
Chapter 2 of Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor relations, is amended in Article 2, relating to acts void as against creditors, by striking Code Sections 18-2-22, relating to conveyances by debtors deemed fraudulent, and 18-2-23, relating to validity of conveyance to innocent subsequent purchaser, and in serting in lieu thereof the following:
"18-2-22.

The following acts by debtors shall be fraudulent in law againat creditors and others and 03 to them shall be null and void:

(1) Every assignment or transfer by a debtor, inaolvcnt at the time, of real or per sonal property or choscs in action of any description to any person, cither in trust or for the benefit of or on behalf of creditors, where any trust or benefit is reserved to the assignor or any poraon for him;

(3) Every conveyance of real or personal estate, by writing or otherwise, and every bond, suit, judgment and execution, or contract of any description had or made with intention to delay or defraud creditors, where such intention is known to the taking party; a bona fide transaction on a valuable consideration, where the taking party ia without notice or ground for reasonable suspicion of said intent of the debtor, shall be valid; and

(3) Every voluntary deed or conveyance, not for a valuable conBidcration, made by a debtor who is insolvent at the time of the conveyance. Reserved.
18-2-23.

Whore a sale void as againat creditors is made, the property has not been seized, and no step has been taken to act the sale aaide, the fraudulent vendee can convey to an innocent purchaser from him, for value and without notice of the fraud, a title good aa against the claims or judgmcnta of the defrauded crcditora. Reserved."

SECTION 3.
Said chapter is further amended by inserting a new article to be designated Article 4 to read as follows:

18-2-70.

"ARTICLE 4

This article shall be known and may be cited as the 'Uniform Fraudulent Transfers Act.'
18-2-71.

As used in this article: (1) 'Affiliate' means:

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(A) A person who directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than a person who holds the securities:
(i) As a fiduciary or agent without sole discretionary power to vote the securi ties; or (ii) Solely to secure a debt, if the person has not exercised the power to vote; (B) A corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor or a person who directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than a person who holds the securities: (i) As a fiduciary or agent without sole power to vote the securities; or (ii) Solely to secure a debt, if the person has not in fact exercised the power to vote; (C) A person whose business is operated by the debtor under a lease or other agreement, or a person substantially all of whose assets are controlled by the debtor; or (D) A person who operates the debtor's business under a lease or other agreement or controls substantially all of the debtor's assets.
(2) 'Asset' means property of a debtor, but the term does not include: (A) Property to the extent it is encumbered by a valid lien; (B) Property to the extent it is generally exempt under nonbankruptcy law; or (C) An interest in property held in tenancy by the entireties to the extent it is not subject to process by a creditor holding a claim against only one tenant.
(3) 'Claim' means a right to payment, whether or not the right is reduced to judg ment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, un disputed, legal, equitable, secured, or unsecured.
(4) 'Creditor' means a person who has a claim.
(5) 'Debt' means liability on a claim.
(6) 'Debtor' means a person who is liable on a claim.
(7) 'Insider' includes: (A) If the debtor is an individual: (i) A relative of the debtor or of a general partner of the debtor; (ii) A partnership in which the debtor is a general partner; (iii) A general partner in a partnership described in division (ii) of this subparagraph; or (iv) A corporation of which the debtor is a director, officer, or person in control; (B) If the debtor is a corporation: (i) A director of the debtor; (ii) An officer of the debtor; (iii) A person in control of the debtor; (iv) A partnership in which the debtor is a general partner; (v) A general partner in a partnership described in division (iv) of this subparagraph; or

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(vi) A relative of a general partner, director, officer, or person in control of the debtor; (C) If the debtor is a partnership:
(i) A general partner in the debtor;
(ii) A relative of a general partner in, or a general partner of, or a person in control of the debtor;
(iii) Another partnership in which the debtor is a general partner;
(iv) A general partner in a partnership described in division (iii) of this subparagraph; or
(v) A person in control of the debtor;
(D) An affiliate, or an insider of an affiliate as if the affiliate were the debtor; and
(E) A managing agent of the debtor.
(8) 'Lien' means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien.
(9) 'Person' means an individual, partnership, corporation, association, organization, government or governmental subdivision or agency, business trust, estate, trust, or any other legal or commercial entity.
(10) 'Property' means anything that may be the subject of ownership.
(11) 'Relative' means an individual related by consanguinity within the third degree as determined by the common law, a spouse, or an individual related to a spouse within the third degree as so determined and includes an individual in an adoptive relationship within the third degree.
(12) Transfer' means every mode, direct or indirect, absolute or conditional, volun tary or involuntary, of disposing of or parting with an asset or an interest in an as set, and includes payment of money, release, lease, and creation of a lien or other encumbrance.
(13) Valid lien' means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings. 18-2-72.

(a) A debtor is insolvent if the sum of the debtor's debts is greater than all of the debtor's assets, at a fair valuation.
(b) A debtor who is generally not paying his or her debts as they become due is pre sumed to be insolvent.
(c) A partnership is insolvent under subsection (a) of this Code section if the sum of the partnership's debts is greater than the aggregate of all of the partnership's assets, at a fair valuation, and the sum of the excess of the value of each general partner's nonpartnership assets over the partner's nonpartnership debts.
(d) Assets under this Code section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under this article.

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(e) Debts under this Code section do not include an obligation to the extent it is se cured by a valid lien on property of the debtor not included as an asset.
18-2-73.

(a) Value is given for a transfer or an obligation if, in exchange for the transfer or ob ligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's business to furnish support to the debtor or another person.
(b) For the purposes of paragraph (2) of subsection (a) of Code Section 18-2-74 and Code Section 18-2-75, a person gives a reasonably equivalent value if the person ac quires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.
(c) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous. 18-2-74.

(a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obliga tion was incurred, if the debtor made the transfer or incurred the obligation:
(1) With actual intent to hinder, delay, or defraud any creditor of the debtor; or
(2) Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:
(A) Was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the bus iness or transaction; or (B) Intended to incur, or believed or reasonably should have believed that he or she would incur, debts beyond his or her ability to pay as they became due.
(b) In determining actual intent under paragraph (1) of subsection (a) of this Code section, consideration may be given, among other factors, to whether:
(1) The transfer or obligation was to an insider;
(2) The debtor retained possession or control of the property transferred after the transfer;
(3) The transfer or obligation was disclosed or concealed;
(4) Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;
(5) The transfer was of substantially all the debtor's assets;
(6) The debtor absconded;
(7) The debtor removed or concealed assets;

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(8) The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;
(9) The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;
(10) The transfer occurred shortly before or shortly after a substantial debt was in curred; and
(11) The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor. 18-2-75.

(a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insol vent at that time or the debtor became insolvent as a result of the transfer or obligation.
(b) A transfer made by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent.
18-2-76.

For the purposes of this article:
(1) A transfer is made:
(A) With respect to an asset that is real property other than a fixture, but includ ing the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected can not acquire an interest in the asset that is superior to the interest of the trans feree; and
(B) With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this article that is superior to the interest of the transferee;
(2) If applicable law permits the transfer to be perfected as provided in paragraph (1) of this Code section and the transfer is not so perfected before the commence ment of an action for relief under this article, the transfer is deemed made immedi ately before the commencement of the action;
(3) If applicable law does not permit the transfer to be perfected as provided in par agraph (1) of this Code section, the transfer is made when it becomes effective be tween the debtor and the transferee;
(4) A transfer is not made until the debtor has acquired rights in the asset trans ferred; and
(5) An obligation is incurred:
(A) If oral, when it becomes effective between the parties; or

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(B) If evidenced by a writing, when the writing executed by the obligor is deliv ered to or for the benefit of the obligee.
18-2-77.

(a) In an action for relief against a transfer or obligation under this article, a creditor, subject to the limitations in Code Section 18-2-78, may obtain:
(1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim;
(2) An attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by Chapter 3 of this title;
(3) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure:
(A) An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property; (B) Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or (C) Any other relief the circumstances may require.
(b) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds. 18-2-78.

(a) A transfer or obligation is not voidable under paragraph (1) of subsection (a) of Code Section 18-2-74 against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee.
(b) Except as otherwise provided in this Code section, to the extent a transfer is void able in an action by a creditor under paragraph (1) of subsection (a) of Code Section 18-2-77, the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection (c) of this Code section, or the amount necessary to satisfy the creditor's claim, whichever is less. The judgment may be entered against:
(1) The first transferee of the asset or the person for whose benefit the transfer was made; or
(2) Any subsequent transferee other than a good faith transferee or obligee who took for value or from any subsequent transferee or obligee.
(c) If the judgment under subsection (b) of this Code section is based upon the value of the asset transferred, the judgment must be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require.
(d) Notwithstanding voidability of a transfer or an obligation under this article, a good faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation, to:
(1) A lien on or a right to retain any interest in the asset transferred;
(2) Enforcement of any obligation incurred; or
(3) A reduction in the amount of the liability on the judgment.

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(e) A transfer is not voidable under paragraph (2) of subsection (a) of Code Section 18-2-74 or Code Section 18-2-75 if the transfer results from:
(1) Termination of a lease upon default by the debtor when the termination is pur suant to the lease and applicable law; or
(2) Enforcement of a security interest in compliance with Article 9 of the Uniform Commercial Code.
(f) A transfer is not voidable under subsection (b) of Code Section 18-2-75:
(1) To the extent the insider gave new value to or for the benefit of the debtor after the transfer was made unless the new value was secured by a valid lien;
(2) If made in the ordinary course of business or financial affairs of the debtor and the insider; or
(3) If made pursuant to a good faith effort to rehabilitate the debtor and the trans fer secured the present value given for that purpose as well as an antecedent debt of the debtor. 18-2-79.
A cause of action with respect to a fraudulent transfer or obligation under this article is extinguished unless action is brought:
(1) Under paragraph (1) of subsection (a) of Code Section 18-2-74, within four years after the transfer was made or the obligation was incurred or, if later, within one year after the transfer or obligation was or could reasonably have been discovered by the claimant;
(2) Under paragraph (2) of subsection (a) of Code Section 18-2-74 or subsection (a) of Code Section 18-2-75, within four years after the transfer was made or the obliga tion was incurred; or
(3) Under subsection (b) of Code Section 18-2-75, within one year after the transfer was made or the obligation was incurred. 18-2-80.
Unless displaced by the provisions of this article, the principles of law and equity, in cluding the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions."
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 substi tute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 110, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representatives Bannister of the 77th and Richardson of the 26th would like to be re corded as voting "nay" on HB 257.

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Representative Borders of the 177th would like to be recorded as voting "aye" on HB 257.
HB 509. By Representatives Jamieson of the 22nd, Ashe of the 46th, Cummings of the 27th, Day of the 153rd, Porter of the 143rd and others:
A bill to amend Chapter 10 of Title 44 of the Official Code of Georgia Anno tated, relating to historic preservation, so as to change certain provisions re garding historic preservation commissions and ordinances.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to historic preservation, so as to change certain provisions regarding historic preservation commissions and ordinances; to change certain provisions regarding legislative intent; to change certain definitions; to change certain provisions regarding compensation of his toric preservation commission members; to require training of commission members and staff; to change certain provisions regarding commission powers and duties; to change certain provisions regarding ordinance requirements; to change certain provisions re garding applications for certificates of appropriateness; to provide for comprehensive reg ulation of preservation districts; to provide for a short title; to provide for definitions; to provide for exemptions; to provide for preservation district boards; to provide for powers and duties; to provide for inventory of resources; to provide for reports; to provide for or dinance requirements; to provide for notification; to provide for management plans; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to historic preservation, is amended by striking Code Section 44-10-21, relating to legislative intent regarding historic preservation, and inserting in its place a new Code Section 44-10-21 to read as follows:
"44-10-21.
The General Assembly finds that the historical, cultural, archaeological, and esthetic heritage of this state is among its most valued and important assets and that the preservation of this heritage is essential to the promotion of the health, prosperity, and general welfare of the people. Therefore, in order to stimulate the revitalization of central business districts in this state's municipalities, to protect and enhance this state's historical and esthetic attractions to tourists and visitors and thereby promote and stimulate business in this state's cities and counties, to encourage the acquisition by cities and counties of conservation easements pursuant to Code Sections 44-10-1 through 44-10-8, and to enhance the opportunities for federal tax relief of this state's property owners under the relevant provisions of the Tax Reform Act of 1976 allowing tax deductions for rehabilitation of certified historic structures, the General Assembly establishes a uniform procedure for use by each county and municipality in the state in enacting ordinances providing for the protection, enhancement, perpetuation, and use of places, districts, sites, buildings, structures, and works of art having a special historical, cultural, archaeological, or esthetic interest or value."

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SECTION 2.
Said chapter is further amended by striking subparagraph (A) of paragraph (5) of Code Section 44-10-22, relating to definitions regarding historic preservation, and inserting in its place a new subparagraph (A) to read as follows:
"(A) Have special character or special historical, archaeological, or esthetic inter est or value;".
SECTION 3.
Said chapter is further amended by striking Code Section 44-10-24, relating to historic preservation commissions, and inserting in its place a new Code Section 44-10-24 to read as follows:
"44-10-24.

(a) The local governing body of a municipality or county electing to enact an ordinance to provide for the protection, enhancement, perpetuation, or use of historic properties or historic districts shall establish or designate a historic preservation commission. Such local governing body shall determine the number of members of the commission, which shall be at least three, and the length of their terms, which shall be no greater than three years. A majority of the members of any such commission shall have demonstrated special interest, experience, or education in history or architecture; all the members shall reside within the historic preservation jurisdiction of their respec tive municipality or county except as otherwise provided by subsection (b) of this Code section; and all ahall serve without compcnaation. In establishing such a commission and making appointments to it, a local governing body may seek the advice of any state or local historical agency, society, or organization.
(b) The local governing body of a county and the local governing body or bodies of one or more municipalities lying wholly or partially within such county may establish or designate a joint historic preservation commission. If a joint commission is estab lished, the local governing bodies of the county and the municipality or municipalities involved shall determine the residence requirements for members of the joint commission.
(c) Commission members shall attend at least three hours of training in historic pres ervation, planning, archaeology, history, and design within the first 12 months of their appointment to the historic preservation commission. Annual training for preservation commission members shall be provided through the University of Georgia's Center for Continuing Education or other programs approved by the Division of Historic Preser vation of the Department of Natural Resources. Commissioners in office on July 1, 1998, shall be exempt from the requirement of this subsection unless appointed for an other term."
SECTION 4.
Said chapter is further amended by striking paragraph (11) of Code Section 44-10-25, re lating to historic preservation commission powers and duties, and inserting in its place a new paragraph (11) to read as follows:
"(11) Submit to the Division of Historic Preservation of the Department of Natural Resources or its successor a list of historic properties or historic districts designated as such pursuant to Code Section 44-10-26."
SECTION 5.
Said chapter is further amended by striking paragraph (1) and (2) of subsection (b) of Code Section 44-10-26, relating to designation of properties or districts, and inserting in their place new paragraphs (1) and (2) to read as follows:

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"(1) The commission shall make or cause to be made an investigation and shall re port on the historic, cultural, architectural, archaeological, or esthetic significance of each place, district, site, building, structure, or work of art proposed for designation or acquisition. This report shall be submitted to the Division of Historic Preserva tion of the Department of Natural Resources or its successor which will be allowed 30 days to prepare written comments concerning the report;

(2) The commission and the local governing body shall hold a public hearing on the proposed ordinance. Notice of the hearing shall be published at least three timca in the principal newspaper of general circulation within the municipality or county in which the property or properties to be designated or acquired are located; and writ ten notice of the hearing shall be mailed by the commission to all owners and occu pants of such properties. All the notices shall be published or mailed not less than ten nor more than 20 days prior to the date set for the public hearing; and".

SECTION 6.
Said chapter is further amended by striking subsection (b) of Code Section 44-10-28, re lating to certificates of appropriateness, and inserting in its place a new subsection (b) to read as follows:

"(b) The commission shall approve the application and issue a certificate of appropri ateness if it finds that the proposed material change in appearance would not have a substantial adverse effect on the esthetic, historical, archaeological, or architectural significance and value of the historic property or the historic district. In making this determination, the commission shall consider, in addition to any other pertinent fac tors, the archaeological potential; the historical and architectural value and signifi cance; architectural style; general design, arrangement, texture, and material of the architectural features involved; and the relationship thereof to the exterior architec tural style and pertinent features of other structures in the immediate neighborhood."

SECTION 7.
Said chapter is further amended by adding a new article at the end thereof, to be desig nated Article 3, to read as follows:

44-10-40.

"ARTICLE 3

This article shall be known and may be cited as the 'Georgia Preservation District Act. 1
44-10-41.

As used in this article, the term:

(1) 'Commission' means a historic preservation commission created and established pursuant to Code Section 44-10-24.

(2) 'Designation' and 'designated' means a decision by the local governing body of a municipality or county, or groups of political subdivisions to designate by resolution or ordinance a preservation district for resource identification, evaluation, and man agement practices.

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(3) 'Preservation district' means a geographically definable area that possesses ar chitectural character, visual patterns, archaeological potential, cultural significance, scenic, historic, or natural features which are representative of local or regional identity.
(4) 'Preservation district board' means in areas where a commission already exists the commission may fulfill the responsibilities of a preservation district board. In areas where there is no commission, the preservation district board shall be ap pointed by the local governing authority, or in the case of multiple jurisdictions the appointment must be ratified by all local governments involved.
(5) 'Preservation district inventory' means an assessment of the natural and cul tural environment in which the preservation district is located. This inventory may include soil surveys, historic resource surveys, wildlife and vegetation analyses, scenic analyses, archaeological investigations, existing planning tools, and a listing of governmental authorities which may have jurisdiction within a proposed preser vation district.
(6) 'Preservation district management plan' means a document that describes a reg ulatory or advisory process to be implemented by the local governing authority which outlines management strategies and responsibilities for the protection and perpetuation of the preservation district. Such management plan shall be developed by the preservation district board or its designee and may contain regulatory lan guage at the discretion of the local governing authority.
44-10-42.
While all federal, state, and local governmental units are exempt from any regulatory actions that may be promulgated as a result of a preservation district management plan, governmental agencies and governing authorities are encouraged to participate in the process of analysis and consideration of resources within preservation districts.
44-10-43.
(a) The local governing body of a municipality or county electing to enact an ordinance to provide for the establishment, protection, enhancement, and perpetuation of a pres ervation district shall establish a preservation district board. Such local governing body shall determine the number of members of such board, which shall be at least three, and the length of their terms, which shall be no greater than three years. In establishing such a board and making appointments to it, a local governing body may seek the advice of any state or local agency, society, or organization.
(b) The local governing body of a county and the local governing body or bodies of one or more municipalities lying wholly or partially within such county may establish or designate a joint preservation district board. If a joint board is established, the local governing bodies of the county and the municipality or municipalities involved shall determine the residence requirements for members of the joint board.
44-10-44.
Any municipal, county, or joint preservation district board appointed or designated pursuant to Code Section 44-10-43 shall be authorized to:
(1) Prepare an inventory of all resources within its respective preservation district boundaries and contiguous areas;
(2) Recommend to the municipal or county local governing body the designation of specific places, districts, sites, buildings, structures, works of art, farmland, natural features, archaeological areas, or combination thereof as preservation districts;

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(3) Recommend to the municipal or county local governing body that the designation of any area as a preservation district be revoked or removed;
(4) Promote the acquisition by the city or county governing authority of preservation easements pursuant to Code Sections 44-10-1 through 44-10-8;
(5) Conduct an educational program on preservation districts and local resources worthy of documentation, protection, and perpetuation;
(6) Make such investigations and studies of matters related to preservation districts that may be needed for producing a preservation district management plan;
(7) Seek out state and federal funds to aid in the carrying out of the preservation district board's duties and make recommendations to the local governing body con cerning the most appropriate use of any funds acquired;
(8) Consult with and seek assistance from federal and state agencies, nonprofit or ganizations, private corporations and individuals, and citizens; and
(9) Submit to the Department of Natural Resources, Department of Community Af fairs, and other involved, interested, or affected parties a description of the preser vation districts and subsequent preservation district management plan. 44-10-45.
(a) The preservation district board shall make or cause to be made an investigation and shall report on the reasons the area is being considered as a preservation district. Such report shall include information obtained in the inventory conducted as part of the preservation district designation process. Such report shall be submitted to the Department of Community Affairs and the Department of Natural Resources and may be submitted to other appropriate agencies for an opportunity for comment.
(b) The historic and prehistoric resources located within the preservation district shall be recorded on Georgia Historic Resource Survey Form or Georgia Archaeological Site Form provided by the Division of Historic Preservation of the Department of Natural Resources.
(c) Analysis for other types of resources surveyed as part of the preservation district inventory shall be based on current information obtained from professional sources.
(d) The information compiled shall be accessible to the public and located in local li braries or governmental buildings open to the public. 44-10-46.
(a) Ordinances for designation of a preservation district shall be subject to the follow ing requirements:
(1) The designation of any property as part of a preservation district shall require that the designated property and district be shown on the official zoning map of the county or municipality adopting such ordinance or that, in the absence of an official zoning map, the designation of property or district be shown on a map of the county or municipality adopting such ordinance and kept by the county or municipality as a public record to provide notice of such designation in addition to other notice re quirements specified;

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(2) The designation of a preservation district shall describe each property to be des ignated, shall set forth the name or names of the owner or owners of the property, and shall include a description of the boundaries of the preservation district;
(3) The board and the local governing body may hold a public hearing on the pro posed ordinance. Notice of the hearing shall be published in the principal newspa per of general circulation within the municipality or county in which the preserva tion district is located;
(4) The local governing body may adopt the ordinance for designation of a preserva tion district as prepared, adopt the ordinance with any amendments it deems neces sary, or reject the proposal; and
(5) Within 30 days immediately following the adoption of the ordinance, the owners and occupants of each property located within a designated preservation district shall be given written notification of such designation by the local governing body.
(b) Areas that are preservation district designations shall be subject to the following requirements:
(1) A preservation district management plan shall be developed for each designation of a preservation district under this article and shall address issues pertaining to the identification, protection, and perpetuation of the resources that caused the area to be a preservation district designation;
(2) The preservation district management plan shall be compatible with any com prehensive plans, master plans, or documents related to community development, natural systems, or land management in the jurisdiction where the preservation dis trict is located. To the extent possible, the preservation district management plan shall reference and be referenced in all relevant documents; and
(3) The preservation district management plan shall be circulated for comments from local governmental units, state and federal agencies, nonprofit organizations and citizens, as appropriate, and shall be updated periodically."
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 substi tute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Borders of the 177th would like to be recorded as voting "aye" on HB 509. HB 459. By Representatives Jamieson of the 22nd, Royal of the 164th, Skipper of the
137th, Shanahan of the 10th, Dix of the 76th and others: A bill to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to specific, busi ness, and occupation taxes, so as to change or clarify certain definitions, in cluding definitions for employee, gross receipts, location or office, and regula tory fees.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
Representative Borders of the 177th would like to be recorded as voting "aye" on HB 459.
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 57. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A bill to provide for the Georgia Regional Transportation Authority; to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to change certain provisions relating to transit services with local governments; to amend Article 6 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor's planning and development, so as to change certain provisions relating to composition, appointment of members, and meetings of the Governor's Development Council.
Representative Smith of the 175th moved that the House adhere to its position in sub stituting SB 57 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 fol lowing members:
Representatives Benefield of the 96th, Skipper of the 137th and Smith of the 175th.
Under the general order of business, established by the Committee on Rules, the follow ing Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 414. By Representatives Stuckey of the 67th, Walker of the 141st, Bordeaux of the 151st, Sauder of the 29th, Dix of the 76th and others:
A bill to amend Title 29 of the Official Code of Georgia Annotated, relating to guardians and wards, so as to provide for notice to temporary guardians of minors upon the application of the natural guardian for dissolution of the temporary guardianship.
The following Committee substitute was read and adopted:

A BILL
To amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to change a provision relating to compensation for guardians ad litem; to provide that the court shall fix a reasonable compensation for a guardian ad litem; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, is amended by striking in its entirety subsection (f) of Code Section 29-5-13, relating to compensation and expenses for hearings, and inserting in lieu thereof the following:
"(f) The guardian ad litcm ahall receive for each day he acrvca as such the name fee aa ia paid to witncaaca for each day in attendance at superior court judge of the probate court of the county in which the hearing was held shall fix a reasonable fee for the services of the guardian ad litem."
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 substi tute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Borders of the 177th would like to be recorded as voting "aye" on HB 414. HB 415. By Representatives Stuckey of the 67th, Sauder of the 29th, Walker of the
141st, Bordeaux of the 151st, Dix of the 76th and others: A bill to amend Chapter 6 of Title 10 of the Official Code of Georgia Anno tated, relating to agency, so as to clarify provisions relating to the effect of the appointment of a guardian of the property on a written power of attor ney; to amend the statutory form for financial power of attorney and the ex planation of such form for principals to clarify that appointment of a guard ian of property terminates such agency.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Representative Borders of the 177th would like to be recorded as voting "aye" on HB 415. HB 416. By Representatives Stuckey of the 67th, Walker of the 141st, Bordeaux of
the 151st, Sauder of the 29th, Dix of the 76th and others: A bill to amend Chapter 36 of Title 31 of the Official Code of Georgia Anno tated, relating to durable powers of attorney for health care, so as to clarify the effect of appointment of a guardian upon a durable power of attorney for health care; to provide that a health care agency which survives incapacity or incompetency shall not be revoked solely by the appointment of a guard ian or receiver for the principal.
The following Committee substitute was read and adopted:

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A BILL
To amend Chapter 36 of Title 31 of the Official Code of Georgia Annotated, relating to durable powers of attorney for health care, so as to clarify the effect of appointment of a guardian upon a durable power of attorney for health care; to provide that a health care agency which survives incapacity or incompetency shall not be revoked solely by the ap pointment of a guardian or receiver for the principal; to provide that the probate court or superior court may direct a guardian of the person to exercise the powers of the prin cipal under a health care agency; to prohibit an order usurping the authority of an agent known to the proposed guardian without notice and a showing that the agent is acting in a manner inconsistent with the power of attorney; to change a provision relating to the form and content of the notice provision to the principal in the statutory health care power of attorney form; to provide that notice substantially similar to that contained in the form and a power of attorney substantially similar to the form have the same mean ing and effect as prescribed in the chapter; to provide that substantially similar forms may include forms from other states; 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 36 of Title 31 of the Official Code of Georgia Annotated, relating to durable powers of attorney for health care, is amended by striking in its entirety subsection (c) of Code Section 31-36-6, relating to revocation or amendment of the agency, and in serting in its place the following:
"(c) A health care agency which survives disability, incapacity, or incompetency shall not be revoked solely by the appointment of a guardian or receiver for the principal. Absent an order of a court of competent of the probate court or superior court having jurisdiction directing a guardian of the person to exercise the powers of the principal under an under a health care agency that survives disability, incapacity, or incompe tency, the guardian of the person has no power, duty, or liability with respect to any pcraonal or health care matters covered by the agency; provided, however, that no or der usurping the authority of an agent known to the proposed guardian shall be en tered unless there is notice to said agent by first class mail to the agent's last known address and it is shown by clear and convincing evidence that the agent is acting in a manner inconsistent with the power of attorney."
SECTION 2.
Said chapter is further amended in Code Section 31-36-10, relating to the form of a power of attorney for health care and powers authorized, by striking subsection (a) in its entirety, and inserting in its place the following:
"(a) The statutory health care power of attorney form contained in this subsection may be used to grant an agent powers with respect to the principal's own health care; but the statutory health care power is not intended to be exclusive or to cover delega tion of a parent's power to control the health care of a minor child, and no provision of this chapter shall be construed to bar use by the principal of any other or different form of power of attorney for health care that complies with Code Section 31-36-5. If a different form of power of attorney for health care is used, it may contain any or all of the provisions set forth or referred to in the following form. When a power of attor ney in substantially the following form is used, including the and notice paragraph in capital letters at the beginning, substantially similar to that contained in the form be low has been provided to the patient, it shall have the same meaning and effect as

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prescribed in this chapter. Substantially similar forms may include forms from other states. The statutory health care power may be included in or combined with any other form of power of attorney governing property or other matters:
'GEORGIA STATUTORY SHORT FORM DURABLE POWER OF ATTORNEY FOR HEALTH CARE
NOTICE: THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATE (YOUR AGENT) BROAD POWERS TO MAKE HEALTH CARE DECISIONS FOR YOU, INCLUDING POWER TO REQUIRE, CONSENT TO, OR WITHDRAW ANY TYPE OF PERSONAL CARE OR MEDICAL TREATMENT FOR ANY PHYSICAL OR MENTAL CONDITION AND TO ADMIT YOU TO OR DISCHARGE YOU FROM ANY HOSPITAL, HOME, OR OTHER IN STITUTION; BUT NOT INCLUDING PSYCHOSURGERY, STERILIZATION, OR INVOLUNTARY HOSPITALIZATION OR TREATMENT COVERED BY TITLE 37 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED. THIS FORM DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWERS; BUT, WHEN A POWER IS EXERCISED, YOUR AGENT WILL HAVE TO USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THIS FORM. A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS THE AGENT IS NOT ACTING PROPERLY. YOU MAY NAME COAGENTS AND SUC CESSOR AGENTS UNDER THIS FORM, BUT YOU MAY NOT NAME A HEALTH CARE PROVIDER WHO MAY BE DIRECTLY OR INDIRECTLY INVOLVED IN RENDERING HEALTH CARE TO YOU UNDER THIS POWER. UNLESS YOU EX PRESSLY LIMIT THE DURATION OF THIS POWER IN THE MANNER PRO VIDED BELOW OR UNTIL YOU REVOKE THIS POWER OR A COURT ACTING ON YOUR BEHALF TERMINATES IT, YOUR AGENT MAY EXERCISE THE POWERS GIVEN IN THIS POWER THROUGHOUT YOUR LIFETIME, EVEN AF TER YOU BECOME DISABLED, INCAPACITATED, OR INCOMPETENT. THE POWERS YOU GIVE YOUR AGENT, YOUR RIGHT TO REVOKE THOSE POW ERS, AND THE PENALTIES FOR VIOLATING THE LAW ARE EXPLAINED MORE FULLY IN CODE SECTIONS 31-36-6, 31-36-9, AND 31-36-10 OF THE GEORGIA "DURABLE POWER OF ATTORNEY FOR HEALTH CARE ACT" OF WHICH THIS FORM IS A PART (SEE THE BACK OF THIS FORM). THAT ACT EXPRESSLY PERMITS THE USE OF ANY DIFFERENT FORM OF POWER OF ATTORNEY YOU MAY DESIRE. IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EX PLAIN IT TO YOU.
DURABLE POWER OF ATTORNEY made this ____ day of _________, 4_.

1. I, __________________________________________________

(insert name and address of principal)
hereby appoint ___________________________________________ (insert name and address of agent)
as my attorney in fact (my agent) to act for me and in my name in any way I could act in person to make any and all decisions for me concerning my personal care, medical treatment, hospitalization, and health care and to require, withhold, or withdraw any type of medical treatment or procedure, even though my death may ensue. My agent shall have the same access to my medical records that I have, in cluding the right to disclose the contents to others. My agent shall also have full power to make a disposition of any part or all of my body for medical purposes, au thorize an autopsy of my body, and direct the disposition of my remains.

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THE ABOVE GRANT OF POWER IS INTENDED TO BE AS BROAD AS POSSI BLE SO THAT YOUR AGENT WILL HAVE AUTHORITY TO MAKE ANY DECI SION YOU COULD MAKE TO OBTAIN OR TERMINATE ANY TYPE OF HEALTH CARE, INCLUDING WITHDRAWAL OF NOURISHMENT AND FLUIDS AND OTHER LIFE-SUSTAINING OR DEATH-DELAYING MEASURES, IF YOUR AGENT BELIEVES SUCH ACTION WOULD BE CONSISTENT WITH YOUR IN TENT AND DESIRES. IF YOU WISH TO LIMIT THE SCOPE OF YOUR AGENT'S POWERS OR PRESCRIBE SPECIAL RULES TO LIMIT THE POWER TO MAKE AN ANATOMICAL GIFT, AUTHORIZE AUTOPSY, OR DISPOSE OF REMAINS, YOU MAY DO SO IN THE FOLLOWING PARAGRAPHS.
2. The powers granted above shall not include the following powers or shall be sub ject to the following rules or limitations (here you may include any specific limita tions you deem appropriate, such as your own definition of when life-sustaining or death-delaying measures should be withheld; a direction to continue nourishment and fluids or other life-sustaining or death-delaying treatment in all events; or in structions to refuse any specific types of treatment that are inconsistent with your religious beliefs or unacceptable to you for any other reason, such as blood transfu sion, electroconvulsive therapy, or amputation): ______________________
THE SUBJECT OF LIFE-SUSTAINING OR DEATH-DELAYING TREATMENT IS OF PARTICULAR IMPORTANCE. FOR YOUR CONVENIENCE IN DEALING WITH THAT SUBJECT, SOME GENERAL STATEMENTS CONCERNING THE WITHHOLDING OR REMOVAL OF LIFE-SUSTAINING OR DEATH-DELAYING TREATMENT ARE SET FORTH BELOW. IF YOU AGREE WITH ONE OF THESE STATEMENTS, YOU MAY INITIAL THAT STATEMENT, BUT DO NOT INITIAL MORE THAN ONE:
I do not want my life to be prolonged nor do I want life-sustaining or death-delaying treatment to be provided or continued if my agent believes the burdens of the treatment outweigh the expected benefits. I want my agent to con sider the relief of suffering, the expense involved, and the quality as well as the possible extension of my life in making decisions concerning life-sustaining or death-delaying treatment.
Initialed ______
I want my life to be prolonged and I want life-sustaining or death-delaying treat ment to be provided or continued unless I am in a coma, including a persistent vegetative state, which my attending physician believes to be irreversible, in ac cordance with reasonable medical standards at the time of reference. If and when I have suffered such an irreversible coma, I want life-sustaining or death-delaying treatment to be withheld or discontinued.

Initialed ______
I want my life to be prolonged to the greatest extent possible without regard to my condition, the chances I have for recovery, or the cost of the procedures.

Initialed ______
THIS POWER OF ATTORNEY MAY BE AMENDED OR REVOKED BY YOU AT ANY TIME AND IN ANY MANNER WHILE YOU ARE ABLE TO DO SO. IN THE ABSENCE OF AN AMENDMENT OR REVOCATION, THE AUTHORITY GRANTED IN THIS POWER OF ATTORNEY WILL BECOME EFFECTIVE AT THE TIME THIS POWER IS SIGNED AND WILL CONTINUE UNTIL YOUR DEATH AND WILL CONTINUE BEYOND YOUR DEATH IF ANATOMICAL GIFT,

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AUTOPSY, OR DISPOSITION OF REMAINS IS AUTHORIZED, UNLESS A LIMI TATION ON THE BEGINNING DATE OR DURATION IS MADE BY INITIALING AND COMPLETING EITHER OR BOTH OF THE FOLLOWING:

3. ( ) This power of attorney shall become effective on ________________ (in sert a future date or event during your lifetime, such as court determination of your disability, incapacity, or incompetency, when you want this power to first take effect).

4. ( ) This power of attorney shall terminate on _______________ (insert a future date or event, such as court determination of your disability, incapacity, or incompetency, when you want this power to terminate prior to your death).

IF YOU WISH TO NAME SUCCESSOR AGENTS, INSERT THE NAMES AND AD DRESSES OF SUCH SUCCESSORS IN THE FOLLOWING PARAGRAPH:

5. If any agent named by me shall die, become legally disabled, incapacitated, or in competent, or resign, refuse to act, or be unavailable, I name the following (each to act successively in the order named) as successors to such agent: ___________

IF YOU WISH TO NAME A GUARDIAN OF YOUR PERSON IN THE EVENT A COURT DECIDES THAT ONE SHOULD BE APPOINTED, YOU MAY, BUT ARE NOT REQUIRED TO, DO SO BY INSERTING THE NAME OF SUCH GUARDIAN IN THE FOLLOWING PARAGRAPH. THE COURT WILL APPOINT THE PER SON NOMINATED BY YOU IF THE COURT FINDS THAT SUCH APPOINT MENT WILL SERVE YOUR BEST INTERESTS AND WELFARE. YOU MAY, BUT ARE NOT REQUIRED TO, NOMINATE AS YOUR GUARDIAN THE SAME PER SON NAMED IN THIS FORM AS YOUR AGENT.

6. If a guardian of my person is to be appointed, I nominate the following to serve as such guardian: _________________________________________
(insert name and address of nominated guardian of the person)

7. I am fully informed as to all the contents of this form and understand the full import of this grant of powers to my agent.

Signed _

(Principal)

The principal has had an opportunity to read the above form and has signed the

above form in our presence. We, the undersigned, each being over 18 years of age,

witness the principal's signature at the request and in the presence of the principal,

and in the presence of each other, on the day and year above set out.

Witnesses:

Addresses:

Additional witness required when health care agency is signed in a hospital or skilled nursing facility.

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JOURNAL OF THE HOUSE

I hereby witness this health care agency and attest that I believe the principal to be of sound mind and to have made this health care agency willingly and voluntarily.
Witness:____________ Attending Physician
Address:_

YOU MAY, BUT ARE NOT REQUIRED TO, REQUEST YOUR AGENT AND SUC

CESSOR AGENTS TO PROVIDE SPECIMEN SIGNATURES BELOW. IF YOU IN

CLUDE SPECIMEN SIGNATURES IN THIS POWER OF ATTORNEY, YOU MUST

COMPLETE THE CERTIFICATION OPPOSITE THE SIGNATURES OF THE

AGENTS.

I certify that the

signature of my agent

Specimen signatures of

and successors) is

agent and successors)

correct.

(Agent)

(Principal)

(Successor agent)

(Principal)

(Successor agent)

(Principal)'

SECTION 3. This Act shall become effective on July 1, 2001.

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 substi tute, was agreed to.

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn

Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B
Coleman, T Connell Cooper Cox Crawford
Cummings Davis, M Davis, T
Day

Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson
Dukes
Ehrhart
Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree

Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens
Hudson, H Y Hudson, N Y Hugley
Irvin Y Jackson, B
Jackson, L

Y James Y Jamieson Y Jenkins
Y Jennings
Y Jones Y Joyce
Y Kaye Y Lane 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 Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal
Orrock Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Ponder

MONDAY, MARCH 8, 1999

1421

Y Porter Y Powell Y Purcell N Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert
Rice Y Richardson Y Roberts Y Rogers Y Royal
Sanders

Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C
Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P

Y Smith, T Y Smith, V
Smyre Y Snelling N Snow Y Squires E Stallings Y Stancil Y Stanley, P
Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman

Y Tolbert Y Trense Y Turnquest Y Twiggs
Unterman Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 155, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Ragas of the 64th stated that he inadvertently voted "nay" on the preced ing roll call. He wished to be recorded as voting "aye" thereon. HR 166. By Representative Whitaker of the 7th:
A resolution designating the Andrew Jackson Ash Memorial Bridge.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 112, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted.
Representative Borders of the 177th would like to be recorded as voting "aye" on HR 166. HR 267. By Representative Whitaker of the 7th:
A resolution designating the intersection of Georgia Highway 52 and Long Branch Road in Lumpkin County as the Jean Anderson Intersection.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 102, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
Representative Borders of the 177th would like to be recorded as voting "aye" on HR 267.
By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on Education and referred to the Committee on Public Safety: SB 51. By Senators Huggins of the 53rd, Hooks of the 14th, Gillis of the 20th and
others: A bill to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, so as to change the provisions relating to school safety plans; to provide that school

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safety plans shall also address preparedness for natural disasters, hazardous materials or radiological accidents, acts of violence, and acts of terrorism.
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 fol lowing Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 872 Do Pass, as Amended
Respectfully submitted, /s/ Reaves of the 178th
Chairman
Representative Jamieson of the 22nd District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 460 Do Pass
Respectfully submitted, /s/ Jamieson of the 22nd
Chairman
Representative Hanner of the 159th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 557 Do Pass, by Substitute
Respectfully submitted, /s/ Hanner of the 159th
Chairman
Representative Cummings of the 27th District, Chairman of the Committee on Retire ment, submitted the following report:

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:

MONDAY, MARCH 8, 1999

1423

SB 143 Do Pass

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

Representative Smyre of the 136th District, Chairman of the Committee on Rules, sub mitted 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 330 Do Pass HR 412 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman
Representative Royal of the 164th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 719 Do Pass SB 179 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman
The Speaker announced the House in recess subject to the 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 9, 1999

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

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

Alien Anderson Ashe Bailey E Bannister Barnard Barnes Benefield Birdsong Bohannon Bordeaux Borders Bridges Brooks Brown Buck Buckner Bulloch Burkhalter Byrd Callaway Campbell Cash Childers Clark Coleman, B Connell Cox Crawford

Cummings Davis, M Davis, T Day Dean DeLoach, G E Dix Dixon Dodson Ehrhart E Evans Everett Felton Franklin Golick Greene Grindley Hammontree Harbin Harrell Heard Hembree Henson Holland Houston Howard Hudgens Hudson, N Hugley

Irvin Jackson, L James Jamieson Jenkins Jennings Joyce Kaye Lane Lewis Lord Lucas Mann Manning Martin, J Martin, J.L
McBee McCall McKinney Millar Mills Morris Mosley Mueller O'Neal Orrock Parham Parrish

Parsons Pelote Pinholster Poag Porter Powell Ray Reaves Reece Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shipp Sholar Sinkfield Skipper Smith, B Smith, C.W Smith, L

Smith, L.R Smith, P Smith, T Smith, V Snelling Squires Stallings Stancil Stanley-Turner Stephens Stokes Stuckey Taylor Teper Tillman Tolbert Trense Turnquest Twiggs Unterman Watson West Westmoreland Wiles Williams, R Wix Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Sims of the 167th, McClinton of the 68th, DeLoach of the 172nd, Dukes of the 161st, Bunn of the 74th, Purcell of the 147th, Graves of the 125th, Mobley of the 69th, Williams of the 83rd, Randall of the 127th, Channell of the lllth, Maddox of the 72nd, Reed of the 52nd, Teague of the 58th, Jones of the 71st, Coan of the 82nd, Hudson of the 120th, Hanner of the 159th, Stanley of the 49th, Ragas of the 64th, Coleman of the 142nd and Shaw of the 176th.
They wish to be recorded as present.
Prayer was offered by Dr. Albert E. Simmons, Retired Presbyterian Minister, Thomaston, Georgia.
The members pledged allegiance to the flag.
Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

TUESDAY, MARCH 9, 1999

1425

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees: HB 928. By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of
the 17th: A bill to amend an Act creating the Cherokee County Parks and Recreation Authority, so as to change certain provisions regarding repayment of indebt edness and termination of the authority.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 929. By Representative Stokes of the 92nd: A bill to amend an Act granting a new charter to the City of Covington, so as to eliminate two at-large posts on the city council; to change the method of filling any vacancy in the office of mayor or council member.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 930. By Representatives Ray of the 128th and James of the 140th: A bill to amend an Act creating the board of commissioners of Peach County, so as to change the compensation of the chairperson of such board.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 931. By Representatives Hammontree of the 4th and Mann of the 5th: A bill to amend an Act providing a homestead exemption from certain Whitfield County School District ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over and have annual incomes not exceeding $15,000.00, so as to provide for an increase in the exemption amount and the income ceiling.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 932. By Representatives Ehrhart of the 36th, Franklin of the 39th, Shipp of the 38th, Manning of the 32nd, Sauder of the 29th and others: A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, so as to provide for changes in the compen sation of the judges of the Juvenile Court of Cobb County.
Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE

HB 933. By Representatives Purcell of the 147th and Barnard of the 154th:
A bill to amend an Act entitled "An Act to amend, consolidate, create, re vise, and supersede the several Acts incorporating the City of Pembroke," so as to provide for council districts.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 934. By Representatives Porter of the 143rd and Jamieson of the 22nd:
A bill to amend Chapter 24 of Title 43 of the Official Code of Georgia Anno tated, relating to the certification of librarians, so as to authorize the State Board of Certification of Librarians to require continuing education as a condition of renewal of a librarian's certificate; to provide for the approval of continuing education programs and waivers.
Referred to the Committee on Education.

HB 935. By Representatives Pelote of the 149th, Bordeaux of the 151st, Brooks of the 54th, Crawford of the 129th and Mueller of the 152nd:
A bill to amend Code Section 4-8-25 of the Official Code of Georgia Anno tated, relating to requirements for possessing a dangerous dog, so as to in crease the amount of liability insurance required to be carried by owners of dangerous dogs.
Referred to the Committee on Judiciary.

HB 936. By Representative Tolbert of the 25th: A bill to amend an Act creating a new charter for the Town of Pendergrass, so as to define the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 937. By Representatives Childers of the 13th and Smith of the 12th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions relative to counties and municipal cor porations, so as to prohibit the commencement of certain rock quarry opera tions under certain circumstances.
Referred to the Committee on State Planning & Community Affairs.

HB 938. By Representatives Jones of the 71st, Henson of the 65th, Teper of the 61st, McClinton of the 68th, Watson of the 70th and others:
A bill to amend an Act creating the DeKalb County Civic Center Authority, so as to change provisions relating to the appointment of members to such authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 939. By Representative Royal of the 164th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of procedures regarding the establishment of millage rates and the levy of ad valorem property taxes.
Referred to the Committee on Ways & Means.

TUESDAY, MARCH 9, 1999

1427

HB 940. By Representatives Stallings of the 100th and West of the 101st: A bill to amend an Act amending, revising, superseding, and consolidating the laws pertaining to the governing authority of Carroll County, so as to change the provisions relating to the compensation of the commissioners; to provide for cost-of-living increases.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 941. By Representatives Stallings of the 100th and West of the 101st: A bill to provide for the nomination and election of the probate judge of Carroll County in nonpartisan primaries and elections.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 942. By Representative Shanahan of the 10th: A bill to provide for the board of elections of Gordon County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 943. By Representatives Snelling of the 99th and Hembree of the 98th: A bill to create the State Court of Douglas County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 944. By Representatives Snelling of the 99th and Hembree of the 98th: A bill to amend an Act known as the "Douglas County Community Improve ment Districts Act," so as to change the members of the boards of commu nity improvement districts.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 945. By Representatives Porter of the 143rd and Jamieson of the 22nd: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary and secondary education, so as to provide for the denial, suspension, or revocation of a certificate by the Professional Standards Commission and for other disciplinary actions by the commission.
Referred to the Committee on Education.
HB 946. By Representative Irvin of the 45th: A bill to amend Part 1 of Article 4 of Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to municipalities' powers and duties generally regarding the municipal street system, so as to authorize munici pal corporations to prohibit heavy truck traffic on certain streets.
Referred to the Committee on Transportation.
HB 947. By Representatives Harbin of the 113th, Williams of the 114th and Jackson of the 112th: A bill to amend Chapter 21 of Title 50 of the Official Code of Georgia Anno tated, relating to waiver of sovereign immunity as to actions ex contractu and the "Georgia Tort Claims Act," so as to provide for an additional limited waiver of sovereign immunity for certain state medical research institutions in certain limited circumstances.
Referred to the Committee on Judiciary.

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JOURNAL OF THE HOUSE

HB 948. By Representative Smith of the 91st: A bill to provide a homestead exemption from certain City of Madison ad valorem taxes for city purposes in an amount of up to $10,000.00 of the as sessed value of the homestead for certain residents of that city who are 65 years of age or older.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 949. By Representative Smith of the 91st: A bill to provide a new charter for the Town of Buckhead.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 950. By Representative Dukes of the 161st: A bill to provide a new charter for the City of Colquitt.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 951. By Representatives Walker of the 141st, James of the 140th, Bohannon of the 139th, Ray of the 128th and Floyd of the 138th: A bill to amend an Act reincorporating and providing a new charter for the City of Perry in Houston County, so as to change the corporate limits of the City of Perry by annexing certain territory into the city.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 478. By Representatives Burkhalter of the 41st, Irvin of the 45th, Ehrhart of the 36th, Smith of the 91st and Campbell of the 42nd: A resolution proposing an amendment to the Constitution so as to prohibit the enactment of any laws during the final ten days of any regular session of the General Assembly except laws repealing existing laws and appropria tions Acts.
Referred to the Committee on Rules.
HR 493. By Representatives Harbin of the 113th, Williams of the 114th and Jackson of the 112th: A resolution urging the Medical College of Georgia to share the settlement proceeds it received as a result of the fraudulent actions of Drs. Borison and Diamond with the patients who were the victims of the fraudulent drug studies and expressing concern over their handling of the matter to date.
Referred to the Committee on University System of Georgia.

By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the committees:
HB 965. By Representatives Jackson of the 148th, Day of the 153rd, Pelote of the 149th, Mueller of the 152nd and Stephens of the 150th:
A bill to provide for a homestead exemption from certain City of Savannah ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the ad justed assessed value of such homestead for the taxable year immediately preceding the taxable year in which this exemption was first granted to the current owner of such homestead.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, MARCH 9, 1999

1429

HB 969. By Representatives Roberts of the 162nd and Dukes of the 161st:
A bill to amend an Act creating a Board of Commissioners of Dougherty County, so as to change the compensation of the chairperson 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 898 HB 899 HB 900 HB 901 HB 902 HB 903 HB 904 HB 905 HB 906 HB 907 HB 908
H TTTB> 9Q0i9n HB 911 HB 912
TMHB 991134
HB 915 HB 916 HB 918 HB 919 HB 920 HB 921 HB 922

HB 923 HB 924 HB 925 HB 926 HB 927 HR 438 HR 439 HR 440 HR 441 JJB 442 TT-D 443
TiiTKTJ 4ir7ir6S*B 9*4* SB 141
sbBl ilblal
SB 170 SB 195 SB 196 SB 211 SB 222 SB 237 SB 243

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

HR 430 Do Pass, as Amended HR 435 Do Pass

SR 135 Do Pass SR 136 Do Pass

Respectfully submitted, Isl Reaves of the 178th
Chairman

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

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JOURNAL OF THE HOUSE

Mr. Speaker:

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

HB 795 Do Pass HB 831 Do Pass HB 861 Do Pass HB 866 Do Pass HB 876 Do Pass, by Substitute HB 883 Do Pass HB 884 Do Pass HB 885 Do Pass

HB 889 Do Pass HB 895 Do Pass HB 896 Do Pass SB 151 Do Pass SB 184 Do Pass SB 206 Do Pass SB 209 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 9, 1999
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 32nd Legislative Day as enu merated below:

HB 171 Rape prevention & personal safety; Dept of Ed establish course HB 374 Insurance; contraceptives; require coverage HB 507 PSC; basic local exchange calling areas; amend provisions HB 518 Taxes; certain interest; disposition HB 523 Ad valorem tax; local fair share funds; amend provisions HB 548 Probate judges; service as magistrate or chief magistrate; comp HB 566 State employees' health insurance plan; include cert public retirees HB 573 MARTA; operating cost exclusions; interest income HB 576 Cooperative library projects; certain agencies; funding HB 627 Tax collectors and commissioners; compensation; additional increase HB 631 Medical assistance; inpatient hospital claims; payment HB 636 Insurance; risk-based capital; amend provisions HB 642 Family violence restraining orders; contempt; exclusion HB 649 Cont subst; cert activities near park/housing project HB 670 Health insurance; policy cards; require certain information HB 677 State employees; grievance system; amend provisions HB 686 QBE; limited-English-proficient students; midterm adjustment HB 696 Industry, Trade, and Tourism, Board of; membership HB 732 Patient's Right to Independent Review Act; enact HB 788 Life insurance; certain annuities; amend provisions HB 822 Nat gas service; mkt conditions; PSC initiate cert proceedings HB 847 Pension obligation bonds; requirements; issuance; purchase

HR 428 "Know Your Customer" regulations; urge withdrawal from consideration Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Smyre of the 136th
Chairman

TUESDAY, MARCH 9, 1999

1431

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 795. By Representatives Maddox of the 72nd, Mobley of the 69th, Ragas of the 64th, Watson of the 70th, McClinton of the 68th and others:
A bill to amend an Act entitled "An Act to fix, prescribe and establish com pensation and/or salaries of the elective county officials of and in the County of DeKalb", so as to provide for the method of employing deputies, clerks, and assistants required by such officers.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 831. By Representatives Buck of the 135th, Davis of the 132nd and Taylor of the 134th:
A bill to amend an Act creating the Muscogee County School District, so as to change the provisions relating to the compensation and expense reim bursement of the members of the board of education.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 861. By Representative Poag of the 6th:
A bill to amend an Act creating the office of commissioner of Murray County, which converted the government to a board of commissioners, so as to pro vide for the powers of the county manager; to provide for a sole commis sioner form of government for Murray County contingent on the passage of a referendum.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 866. By Representatives Shipp of the 38th, Golick of the 30th, Sauder of the 29th, Manning of the 32nd, Wix of the 33rd and others:
A bill to amend an Act changing the boundaries of the seven education dis tricts 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 Ed ucation of Cobb County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 876. By Representatives Stephens of the 150th, Day of the 153rd and Mueller of the 152nd:
A bill to provide for a homestead exemption from certain City of Tybee Is land ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year immedi ately preceding the taxable year in which that exemption is first granted to a resident of that city.
The following Committee substitute was read and adopted:

A BILL
To provide for a homestead exemption from certain City of Tybee Island ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year immediately preceding the taxable year in which

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JOURNAL OF THE HOUSE

that exemption is first granted to a resident of that city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic re peal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

(a) As used in this Act, the term:

SECTION 1.

(1) "Ad valorem taxes for municipal purposes" means all municipal ad valorem taxes for municipal purposes, levied by, for, or on behalf of the City of Tybee Island, except for taxes to pay interest on and to retire municipal bonded indebtedness.

(2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this Act is granted.

(3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., with the additional qualification that it shall include only the pri mary residence and not more than five contiguous acres of land immediately sur rounding such residence.
(4) "Indexed adjustment rate" means the percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) from January 1 of the base year to January 1 of the reassessment year.
(b)(l) Each resident of the City of Tybee Island is granted an exemption on that person's homestead from all City of Tybee Island ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead that exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which this exemption is first granted to such resident.

(2) The amount specified under paragraph (1) of this subsection shall be reduced, dollar for dollar, by an amount equal to the indexed adjustment rate multiplied by the assessed value of the homestead in the base year.
(3) The reduction specified under paragraph (2) of this subsection shall only apply if the total county tax digest in the base year is greater than the total county tax di gest for the immediately preceding taxable year.
(4) This exemption shall not apply to taxes assessed on improvements to the home stead or additional land that is added to the homestead after January 1 of the base year. If any real property is removed from the homestead, the assessment in the base year shall be adjusted to reflect such removal and the exemption shall be recal culated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation.
(c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing au thority of the City of Tybee Island, or the designee thereof, giving such information rela tive to receiving such exemption as will enable the tax commissioner to make a determi nation as to whether such owner is entitled to such exemption.
(d) The governing authority of the City of Tybee Island, or the designee thereof, shall provide application forms for the exemption granted by subsection (b) of this section which shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.

TUESDAY, MARCH 9, 1999

1433

(e) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application and file such affidavit thereafter for any year and the exemption shall con tinue to be allowed to such person. It shall be the duty of any person granted the home stead exemption under subsection (b) of this section to notify the governing authority of the City of Tybee Island, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption.
(f) The exemption granted by this Act shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or school district ad valorem taxes for edu cational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes.
(g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2001.

SECTION 2.

Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of City of Tybee Island shall call and conduct an election as pro vided in this section for the purpose of submitting this Act to the electors of the City of Tybee Island for approval or rejection. The municipal election superintendent shall con duct that election on the date of the November, 2000, state-wide general election, and shall issue the call and conduct that election as provided by general law. The municipal 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 Chat ham County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides a homestead exemption from certain City of Tybee Island ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead that 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 of that city?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall be come of full force and effect on January 1, 2001. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not be come effective and this Act shall be automatically repealed on the first day of January immediately following that election date.

The expense of such election shall be borne by the City of Tybee Island. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 3.
Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

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

1434

JOURNAL OF THE HOUSE

HB 883. By Representative Greene of the 158th:
A bill to amend an Act providing a new charter for the City of Fort Gaines, so as to delete the provisions relating to elections by majority; to provide for elections by plurality.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 884. By Representative Sims of the 167th:
A bill to amend an Act reconstituting the Board of Education of Atkinson County, so as to change the compensation of the members of the board of education.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 885. By Representatives Hammontree of the 4th and Mann of the 5th:
A bill to amend an Act entitled "An Act creating the board of commissioners of Whitfield County," so as to authorize the board of commissioners to pro vide for a change in the compensation of the chairperson and members of such board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 889. By Representative Crawford of the 129th:
A bill to amend an Act creating the Board of Commissioners of Roads and Revenues for Upson County, so as to provide for matters under the exclusive jurisdiction and control of the board of commissioners; to provide for the ap pointment of a county manager and county clerk.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 895. By Representative Hudson of the 156th:
A bill to amend an Act creating the Fitzgerald and Ben Hill County Develop ment Authority, so as to change the provisions relating to the secretary of the Authority; to provide for the creation of the office of Executive Secretary of the Authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 896. By Representative Hudson of the 156th:
A bill to create and establish the Fitzgerald-Ben Hill County Charter Commission.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 151. By Senators Jackson of the 50th and Smith of the 25th:
A bill to create the Union County Family Connection Commission; to provide for the appointment of members; to provide for terms, oaths, duties, and pow ers; to authorize the commission to receive and expend funds; to provide for related matters; to provide for an annual report; to provide for an effective date; to provide for reviews.

TUESDAY, MARCH 9, 1999

1435

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 184. By Senator Brush of the 24th:
A bill to amend an Act providing for a new charter for the City of Grovetown so as to change certain provisions relating to the powers and duties of the mayor.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 206. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to create the Conyers Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility of promotion of tourism, trade, and conventions for Conyers, Georgia; to provide for creation and organiza tion; to provide for the membership of the authority and their terms of office and compensation.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 209. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act creating the Conyers-Eockdale Amateur Athletics Au thority so as to change the name of the authority to the Conyers Athletics Authority; to change the membership of the authority; to change the powers of the authority; to provide for conforming changes; to provide an effective date.

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

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

Alien Anderson Y Ashe Y Bailey E Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash

Y Channell Y Childers Y Clark Y Coan
Y Coleman, B Coleman, T
Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson
Dukes Ehrhart Y Epps
E Evans

Y Everett Y Felton
Floyd Y Franklin Y Golick
Graves Y Greene
Grindley Y Hammontree
Hanner Y Harbin Y Harrell Y Heard
Heckstall Hegstrom Hembree
Y Henson Y Holland Y Holmes Y Houston
Y Howard Y Hudgens
Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas
Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall
McClinton

Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell
Purcell Ragas Randall Y Ray Y Reaves Y Reece

1436
Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders
Sauder Y Scarlett Y Scheid

JOURNAL OF THE HOUSE

Y Scott Y Shanahan
Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B 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 Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner

Y Stephens Y Stokes Y Stuckey Y Taylor
Teague
N Teper Y Tillman Y Tblbert Y Trense Y Turnquest Y Twiggs Y Unterman

Walker, L Walker, R.L Watson West Westmoreland Whitaker Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

On the passage of the Bills, the ayes were 148, nays 1.
The Bills, having received the requisite constitutional majority, were passed.
The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 48. By Senators Johnson of the 1st, Johnson of the 2nd, Kemp of the 3rd and Hill of the 4th:
A bill to amend Code Section 12-5-31 of the Official Code of Georgia Anno tated, relating to permits for the withdrawal, diversion, or impoundment of surface water, so as to prohibit acceptance, processing, or granting of any ap plication for a permit for any applicant who uses or proposes to use aquifer storage or recovery of surface water.
SB 123. By Senators Fort of the 39th, Egan of the 40th, Hill of the 4th and others:
A bill to amend Article 2 of Chapter 6 of Title 40 of the Official Code of Geor gia Annotated, relating to traffic signs, signals, and markings, so as to au thorize the Department of Public Safety or the governing authority of any po litical subdivision of this state to establish a system of traffic-control signal monitoring devices so as to provide procedures for the recording of violations of traffic-control signals.
SB 127. By Senator Madden of the 47th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Geor gia Annotated, relating to prestige license plates and special plates for cer tain persons and vehicles, so as to change certain provisions relating to spe cial license plates for firefighters.
SB 165. By Senators Hecht of the 34th, Dean of the 31st, Scott of the 36th and others:
A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Geor gia Annotated, relating to employees' records checks for day-care centers, so as to provide that no person may be employed at a day-care center without a satisfactory preliminary records check or satisfactory state fingerprint records check determination and a satisfactory or pending national finger print records check determination within the previous 12 months.
SB 192. By Senator Burton of the 5th:
A bill to amend Article 18 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to liability insurance for state and local school officials and employees, so as to authorize local school boards to include pro visions insuring certain nonprofit volunteer organizations and their members

TUESDAY, MARCH 9, 1999

1437

in insurance policies and indemnity contracts purchased for school officials and employees.
SB 220. By Senator Crotts of the 17th:
A bill to amend an Act providing supplements to the salaries of the judges of superior court, the district attorney, and the chief assistant district attorney of the Flint Judicial Circuit so as to change the amount and method of pay ment of such supplements; to change the proportion of such supplements which each county shall pay.
SB 236. By Senators Streat of the 19th, Price of the 28th, Cheeks of the 23rd and others:
A bill to amend Article 12 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road regarding acci dents, so as to change certain provisions relating to the duty to remove a ve hicle from the roadway of an expressway or multilane highway; to provide an effective date.
SB 240. By Senators Johnson of the 1st, Cheeks of the 23rd and Dean of the 31st:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to enact the "Local Government Cable Fair Competi tion Act of 1999"; to provide for a short title; to define certain terms; to re quire public providers of cable service to conduct certain cost benefit analyses and hold a public hearing prior to authorizing the delivery of cable service.
SB 248. By Senators Walker of the 22nd and Dean of the 31st:
A bill to amend Part 2 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the Department of Banking and Finance, so as to authorize the Governor to determine the salary of the commissioner of banks and banking; to amend Code Section 42-2-6 of the Official Code of Georgia Annotated, relating to the commissioner of corrections, so as to au thorize the board of corrections to set the salary of the commissioner subject to approval of the Governor.
SB 254. By Senator Smith of the 25th:
A bill to amend an Act reconstituting the Board of Education of Hancock County and providing for its powers, duties, rights, obligations, and liabilities so as to increase the compensation of the members of said board of education; to provide an effective date.
SB 258. By Senator Johnson of the 2nd:
A bill to amend an Act creating a new charter for the Town of Thunderbolt, as amended, so as to repeal the provisions relating to the town administrator.
HB 644. By Representative Reese of the 85th:
A bill to create a new charter for the City of Suwanee.
HB 735. 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 expense allowances for members of the board.
HB 742. By Representative Smith of the 169th:
A bill to amend an Act creating the office of commissioners of Roads and Revenues of Brantley County, so as to change the compensation for the com missioners and the chairperson.

1438

JOURNAL OF THE HOUSE

HB 759. By Representative Massey of the 86th:
A bill to amend an Act providing authority for members of the Board of Edu cation of Barrow County, so as to provide for redistricting.
HB 760. By Representative Bridges of the 9th:
A bill to provide a homestead exemption from City of Cornelia ad valorem taxes for city purposes in the amount of $5,000.00 of the assessed value of the homestead for each resident of the City of Cornelia; to provide a home stead exemption from City of Cornelia ad valorem taxes for city purposes in the amount of $10,000.00 of the assessed value of the homestead for each resident of the City of Cornelia who is 65 years of age or older.
HB 762. By Representative Massey of the 86th:
A bill to amend an Act re-creating and establishing a Board of Commission ers of Barrow County, so as to provide for redistricting.
HB 768. By Representatives Sauder of the 29th, Wix of the 33rd, Parsons of the 40th and others:
A bill to amend an Act changing the compensation of the clerk of the supe rior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff.
HB 769. By Representatives Wiles of the 34th, Wix of the 33rd, Ehrhart of the 36th and others:
A bill to amend an Act providing for the compensation of the judge of the Ju venile Court of Cobb County, so as to provide for a change in the compensa tion of the judges of the Juvenile Court of Cobb County.
HB 771. By Representative Purcell of the 147th:
A bill to create the Effingham Family Connection Commission.
HB 789. By Representatives Cooper of the 31st, Ehrhart of the 36th, Franklin of the 39th and others:
A bill to amend an Act consolidating the offices of tax collector and tax re ceiver into the office of tax commissioner of Cobb County, so as to change the compensation of the chief clerk, executive secretary, and administrative specialist.
The Senate has passed, by substitute, by the requisite constitutional majority the follow ing bills of the House:
HB 190. By Representative Tolbert of the 25th:
A bill to amend an Act entitled "An Act to create a board of county commis sioners for the County of Jackson," so as to provide that the board of com missioners of Jackson County shall be composed of a chairperson and four commissioners.
HB 555. By Representative Birdsong of the 123rd:
A bill to amend an Act creating a Board of Commissioners of Twiggs County, so as to change provisions relating to the compensation and expenses of the members of the board.
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:

TUESDAY, MARCH 9, 1999

1439

SR 46. By Senators Walker of the 22nd, Hooks of the 14th, Butler of the 55th and others:
A resolution urging Congress to give priority to strengthening the Social Se curity system and ensuring that it continue to be universal and mandatory, with risk pooled among all workers.
SR 116. By Senators Madden of the 47th, Broun of the 46th and Cheeks of the 23rd:
A resolution creating the Joint Mental Health, Mental Retardation, and Sub stance Abuse Service Delivery Study Committee.
SR 137. By Senators Gillis of the 20th, Hecht of the 34th, Williams of the 6th and others:
A resolution designating the P. V. Stripling Memorial Highway.
SR 157. By Senators Jackson of the 50th and Thompson of the 33rd:
A resolution designating the Andrew Jackson Ash Memorial Bridge.
SR 184. By Senators Price of the 28th, Lee of the 29th and Price of the 56th:
A resolution creating the Joint Study Committee on Regional Development Centers and Metropolitan Area Planning and Development Commissions.
SR 257. By Senators Hooks of the 14th, Starr of the 44th, Walker of the 22nd and Johnson of the 1st:
A resolution relative to adjournment.
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 199. By Senators Hecht of the 34th, Jackson of the 50th, Hill of the 4th and others:
A bill to amend Code Section 30-5-5 of the Official Code of Georgia Anno tated, relating to investigation of reporters of need for protective services under the "Disabled Adults and Elder Persons Protection Act," so as to au thorize the director of the county department of family and children services or the director's designee to file a petition in the superior court to seek imme diate access to a disabled adult or elder person who may be in imminent dan ger as a result of abuse, exploitation, or neglect.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SB 48. By Senators Johnson of the 1st, Johnson of the 2nd, Kemp of the 3rd and others:
A bill to amend Code Section 12-5-31 of the Official Code of Georgia Anno tated, relating to permits for the withdrawal, diversion, or impoundment of surface water, so as to prohibit acceptance, processing, or granting of any application for a permit for any applicant who uses or proposes to use aqui fer storage or recovery of surface water.
Referred to the Committee on Natural Resources & Environment.
SB 123. By Senators Fort of the 39th, Egan of the 40th, Hill of the 4th and others:
A bill to amend Article 2 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to traffic signs, signals, and markings, so as to authorize the Department of Public Safety or the governing authority of any political subdivision of this state to establish a system of traffic-control sig nal monitoring devices so as to provide procedures for the recording of viola tions of traffic-control signals.
Referred to the Committee on Public Safety.

1440

JOURNAL OF THE HOUSE

SB 127. By Senator Madden of the 47th:
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 change certain provisions relating to special license plates for firefighters.
Referred to the Committee on Motor Vehicles.
SB 165. By Senators Hecht of the 34th, Dean of the 31st, Scott of the 36th and others:
A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for day-care cen ters, so as to provide that no person may be employed at a day-care center without a satisfactory preliminary records check or satisfactory state finger print records check determination and a satisfactory or pending national fingerprint records check determination within the previous 12 months.
Referred to the Committee on Human Relations & Aging.
SB 192. By Senator Burton of the 5th:
A bill to amend Article 18 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to liability insurance for state and local school officials and employees, so as to authorize local school boards to include pro visions insuring certain nonprofit volunteer organizations and their mem bers in insurance policies and indemnity contracts purchased for school offi cials and employees.
Referred to the Committee on Education.
SB 199. By Senators Hecht of the 34th, Jackson of the 50th, Hill of the 4th and others:
A bill to amend Code Section 30-5-5 of the Official Code of Georgia Anno tated, relating to investigation of reporters of need for protective services under the "Disabled Adults and Elder Persons Protection Act," so as to au thorize the director of the county department of family and children services or the director's designee to file a petition in the superior court to seek im mediate access to a disabled adult or elder person who may be in imminent danger as a result of abuse, exploitation, or neglect.
Referred to the Committee on Human Relations & Aging.
SB 200. By Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to create the Consumers' Insurance Advocate and deputy advocate; to provide definitions; to provide powers; to provide for compensa tion; to provide for entries of appearance; to provide for notice and discovery; to provide for remedies; to provide for employment of consultants, experts, witnesses, and other employees.
Referred to the Committee on Insurance.
SB 220. By Senator Crotts of the 17th:
A bill to amend an Act providing supplements to the salaries of the judges of superior court, the district attorney, and the chief assistant district attor ney of the Flint Judicial Circuit so as to change the amount and method of

TUESDAY, MARCH 9, 1999

1441

payment of such supplements; to change the proportion of such supplements which each county shall pay.
Referred to the Committee on Judiciary.

SB 236. By Senators Streat of the 19th, Price of the 28th, Cheeks of the 23rd and others:
A bill to amend Article 12 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road regarding acci dents, so as to change certain provisions relating to the duty to remove a ve hicle from the roadway of an expressway or multilane highway; to provide an effective date.
Referred to the Committee on Motor Vehicles.

SB 240. By Senators Johnson of the 1st, Cheeks of the 23rd and Dean of the 31st:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to enact the "Local Government Cable Fair Com petition Act of 1999"; to provide for a short title; to define certain terms; to require public providers of cable service to conduct certain cost benefit anal yses and hold a public hearing prior to authorizing the delivery of cable

Referred to the Committee on State Planning & Community Affairs.
SB 248. By Senators Walker of the 22nd and Dean of the 31st:
A bill to amend Part 2 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the Department of Banking and Fi nance, so as to authorize the Governor to determine the salary of the com missioner of banks and banking; to amend Code Section 42-2-6 of the Offi cial Code of Georgia Annotated, relating to the commissioner of corrections, so as to authorize the board of corrections to set the salary of the commis sioner subject to approval of the Governor.
Referred to the Committee on Banks & Banking.
SB 254. By Senator Smith of the 25th:
A bill to amend an Act reconstituting the Board of Education of Hancock County and providing for its powers, duties, rights, obligations, and liabili ties so as to increase the compensation of the members of said board of edu cation; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 258. By Senator Johnson of the 2nd:
A bill to amend an Act creating a new charter for the Town of Thunderbolt, as amended, so as to repeal the provisions relating to the town administrator.
Referred to the Committee on State Planning & Community Affairs - Local.

1442

JOURNAL OF THE HOUSE

SR 46. By Senators Walker of the 22nd, Hooks of the 14th, Butler of the 55th and others: A resolution urging Congress to give priority to strengthening the Social Se curity system and ensuring that it continue to be universal and mandatory, with risk pooled among all workers.
Referred to the Committee on Rules.
SR 116. By Senators Madden of the 47th, Broun of the 46th and Cheeks of the 23rd: A resolution creating the Joint Mental Health, Mental Retardation, and Sub stance Abuse Service Delivery Study Committee.
Referred to the Committee on Rules.
SR 137. By Senators Gillis of the 20th, Hecht of the 34th, Williams of the 6th and others: A resolution designating the P. V. Stripling Memorial Highway.
Referred to the Committee on Transportation.
SR 157. By Senators Jackson of the 50th and Thompson of the 33rd: A resolution designating the Andrew Jackson Ash Memorial Bridge.
Referred to the Committee on Transportation.
SR 184. By Senators Price of the 28th, Lee of the 29th and Price of the 56th: A resolution creating the Joint Study Committee on Regional Development Centers and Metropolitan Area Planning and Development Commissions.
Referred to the Committee on Rules.

Representative Porter of the 143rd arose to a point of personal privilege and addressed the House.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 413. By Representative Jenkins of the 110th:
A resolution commending the Culloden Highland Games and Scottish Festi val and inviting officials of the City of Culloden and members of the Cullo den Highland Games and Scottish Festival Committee to the House of Representatives.
HR 296. By Representatives Jamieson of the 22nd, Porter of the 143rd, Taylor of the 134th and O'Neal of the 75th:
A resolution recognizing and commending Bill Barr and inviting him to ap pear before the House of Representatives.
Under the general order of business, established by the Committee on Rules, the follow ing Bills and Resolution of the House were taken up for consideration and read the third time:
HB 696. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A bill to amend Code Section 50-7-3 of the Official Code of Georgia Anno tated, relating to the creation of the Board of Industry, Trade, and Tourism

TUESDAY, MARCH 9, 1999

1443

and the composition of such board, so as to reconstitute such board and to add four additional board members.

Representative Joyce of the 1st moved that the Coleman amendment be printed and placed upon the desks.

The motion prevailed.
HB 847. By Representatives Cummings of the 27th, Shanahan of the 10th, Irvin of the 45th, McKinney of the 51st, Brooks of the 54th and others:
A bill to amend Article 1 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to bonds, so as to provide requirements for pension obligation bonds.

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

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

Alien Anderson
Ashe Bailey Bannister Barnard Barnes Benefield Birdsong Bohannon Bordeaux Borders Bridges Brooks Brown Buck Buckner Bulloch Bunn Burkhalter Byrd Callaway Campbell Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell Cooper Cox Crawford Cummings Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G E Dix Y Dixon Y Dodson Y Dukes
Ehrhart
Epps E Evans Y Everett Y Felton
Floyd Y Franklin Y Golick
Y Graves
Greene
Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom
Hembree Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann
Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
Mueller
Y O'Neal Y Orrock
Parham
Y Parrish Y Parsons

Pelote Pinholster
Poag Ponder Porter Powell Purcell Ragas Randall Ray Reaves Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L

Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling
Snow Squires Stallings Stancil Stanley, P Stanley-Turner Stephens Stokes Stuckey Taylor
Teague
Teper Tillman Tolbert Trense
Turnquest
Twiggs
Unterman
Walker, L
Walker, R.L
Watson West Westmoreland Whitaker Wiles Williams, J Williams, R Wix Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 152, 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.

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JOURNAL OF THE HOUSE

HB 548. By Representatives Greene of the 158th, Ponder of the 160th, Hanner of the 159th, Reaves of the 178th and Jenkins of the 110th:
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 com pensation for service as magistrate or chief magistrate for probate judges.
The following Committee substitute was read and adopted:

A BILL
To amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to change provisions relating to compensation for services as mag istrate or chief magistrate for probate judges; to provide for minimum salaries and peri odic increases; to provide for longevity increases; to provide for an effective date; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, is amended by striking in its entirety Code Section 15-9-63, relating to minimum salaries, and inserting in its place the following:
"15-9-63.

(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 popu lation 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...................................................................................$ 20,511.00 6,000 -- 11,889 ................................................................................... 27,083.00 11,890 -- 19,999................................................................................... 30,084.00 20,000 -- 28,999................................................................................... 33,235.00 29,000-- 38,999................................................................................... 36,769.00 39,000-- 49,999................................................................................... 38,783.00 50,000 -- 74,999................................................................................... 41,737.00 75,000 -- 99,999................................................................................... 45,973.00 100,000 -- 149,999.................................................................................. 50,210.00 150,000-- 199,999.................................................................................. 55,936.00 200,000 -- 249,999.................................................................................. 61,662.00 250,000 -- 299,999.................................................................................. 64,435.00 300,000 -- 399,999.................................................................................. 67,209.00 400,000-- 499,999.................................................................................. 70,209.00 500,000 or more........................................................................................ 73,209.00

(2) On and after July 1, 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 ap plication of longevity increases pursuant to Code Section 15-9-65, where applicable

TUESDAY, MARCH 9, 1999

1445

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 re ceived by state employees is in different percentages or different amounts as to cer tain 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 de rived through the application of longevity increases, shall be increased by a percent age 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 in crease 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, however, that if the cost-of-living in creases 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 be come 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 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 sal ary 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.
(b) In any county in which more than 70 percent of the population of the county ac cording to the United States decennial census of 1990 or any future such census re sides on property of the United States government which is exempt from taxation by this state, the population of the county for purposes of subsection (a) of this Code sec tion shall be deemed to be the total population of the county minus the population of the county which resides on property of the United States government.
(c) Effective January 1, 1007, in any county in which the probate judge serves as chief magistrate or magistrate, he or ahc ahtxll bo compcnoatcd for ouch acrvicca baaed on an annual amount of not leaa than 60 percent of the minimum salary for chief magia tratcs in the county of least population in the schedule contained in paragraph (1) of aubacction (a) of Code Section 16 10 33 ao now or hereafter amended. Any compensa tion paid under this oubacction shall be paid from county funds.--The county governing authority may supplement thio minimum amount, but thia amount shall not be do creased during any term of office in which the probate court judge acrvca as chief magistrate or magistrate."
SECTION 2.

Said chapter is further amended by inserting a new Code section to be designated Code Section 15-9-63.1 to read as follows:

"15-9-63.1.

1446

JOURNAL OF THE HOUSE

(a) Beginning with the effective date of this Code section, in any county in which the probate judge serves as chief magistrate or magistrate, he or she shall be compensated for such services based on a minimum annual amount of $8,500.00; provided, however, that compensation for a probate judge shall not be reduced during his or her term of office.

(b) On and after the effective date of this Code section, 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 amount provided in subsection (a) of this Code section shall be increased by the same percent age 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 per centages or different amounts as to certain categories of employees, the amount pro vided in subsection (a) of this Code section shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general in crease in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when nec essary. The periodic changes in the amount provided in subsection (a) of this Code section, as authorized by this subsection, shall become effective on the first day of Jan uary following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if such increases received by state employees become effective on January 1, such periodic changes in the amount provided in subsection (a) of this Code section, as authorized by this subsection, shall become effective on the same date that the cost-of-living in creases or general performance based increases received by state employees become effective.

(c) On and after January 1, 2000, the amounts provided in subsections (a) and (b) of this Code section shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by any probate judge serving as a chief magistrate or magistrate where such terms have been completed after December 31, 1999, effective the first day of January fol lowing the completion of each such period of service."

SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

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

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

Y Alien Y Anderson Y Ashe
Bailey .E Bannister Y Barnard Y Barnes
Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders

Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash

Y Channell Y Childers Y Clark E Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G E Dix Y Dixon Y Dodson Y Dukes
Ehrhart Epps E Evans

Y Everett Y Felton
Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell

Y Heard Heckstall
Y Hegstrom Hembree Henson
Y Holland Y Holmes Y Houston Y Howard Y Hudgens
Hudson, H
Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins
Y Jennings Y Jones Y Joyce Y Kaye Y Lane

TUESDAY, MARCH 9, 1999

1447

Y Lewis Y Lord
Lucas N Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney
Y Millar Y Mills Y Mobley Y Morris
Y Mosley Mueller
Y CWea! Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell
Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice
Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid

Y Scott Y Shanahan
Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper
Smith, B
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 Squires Y Stallings Y Stancil
Stanley, P
Stanley-Turner

Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 156, nays 1.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 627. By Representatives Greene of the 158th, Stanley of the 50th, Ray of the 128th, Floyd of the 138th and Benefield of the 96th:
A bill to amend Code Section 48-5-183 of the Official Code of Georgia Anno tated, relating to minimum salaries of tax collectors and tax commissioners, so as to provide for additional increases in compensation.

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

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

Y Alien Y Anderson Y Ashe Y Bailey E Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck
Buckner Y Bulloch
Bunn Y Burkhalter Y Byrd N Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark E Coan

Y Coleman, B Y Coleman, T Y Connell Y Cooper N Cox Y Crawford Y Cummings N Davis, M Y Davis, T
N Day Dean
Y DeLoach, B Y DeLoach, G
E Dix Y Dixon Y Dodson
Dukes Y Ehrhart
Y Epps E Evans Y Everett Y Felton
Floyd N Franklin Y Golick Y Graves Y Greene N Grindley

Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall
Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson E Jenkins Y Jennings Y Jones N Joyce N Kaye Y Lane

Y Lewis Y Lord Y Lucas N Maddox N Mann Y Manning
Martin, J Y Martin, J.L N Massey Y McBee Y McCall Y McClinton Y McKinney N Millar N Mills Y Mobley Y Morris
Y Mosley
Mueller
Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag
Y Ponder

Y Porter Y Powell Y Purcell N Ragas Y Randall
Ray Y Reaves Y Reece Y Reed
Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder
Y Scarlett Y Scheid Y Scott Y Shanahan
Shaw
Y Shipp Y Sholar Y Sims Y Sinkfield
Y Skipper

1448
Y Smith, B Y Smith, C N Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V

JOURNAL OF THE HOUSE

Y Smyre Y Snelling
Snow Y Squires
Y Stallings Y Stancil
Stanley, P Y Stanley-Turner

Y Stephens N Stokes Y Stuckey Y Taylor N Teague
Y Teper
Y Tillman Y Tolbert

Y Trense
Y Turnquest
Y Twiggs Unterman
Y Walker, L N Walker, R.L Y Watson Y West

Y Westmoreland Y Whitaker
Y Wiles N Williams, J Y Williams, R Y Wix N Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 140, nays 21.
The Bill, having received the requisite constitutional majority, was passed. HB 518. By Representative Royal of the 164th:
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 change certain provisions for the disposition of certain interest.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 48-5-404 of the Official Code of Georgia Annotated, relating to collection of county school taxes by the tax commissioner or tax collector, so as to change certain provisions regarding the collection and disposition of county school taxes; to pro vide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-404 of the Official Code of Georgia Annotated, relating to collection of county school taxes by the tax commissioner or tax collector, is amended by striking sub section (a) and inserting in its place a new subsection (a) to read as follows:
"(a) The tax commissioner or tax collector shall continue to collect unpaid county school taxes and all county school taxes levied pursuant to Article VIII, Section VI, Paragraph I of the Constitution of this state and shall be entitled to a commission of 2 1/2 percent for collecting the taxes. He The tax commissioner or tax collector shall pay over to the county board of education once a month all moneys collected for the schools on the same schedule of distributions as is provided for counties in Code Sec tion 48-5-141. In those counties where the tax collector or tax commissioner is on a salary basis, the fees provided for in this Code section shall be collected by tea the tax commissioner or tax collector and paid over to the proper governing authority of the county."
SECTION 2. This Act shall become effective on July 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 substi tute, was agreed to.

TUESDAY, MARCH 9, 1999

1449

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

Y Alien Y Anderson Y Ashe
Bailey Bannister Barnard Barnes Benefield Birdsong Bohannon Bordeaux Borders Bridges Brooks Brown Buck Buckner Bulloch Bunn Burkhalter Byrd Callaway Campbell Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell Cooper Cox Crawford Cummings Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G E Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps E Evans Y Everett Y Felton
Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, H Y Hudson, N

Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson E Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis
Lord
Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y CVNeal Y Orrock Y Parham Y Parrish Y Parsons

Pelote Pinholster Poag Ponder Porter Powell Purcell
Randall Ray Reaves Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L

Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow Squires Stallings Stancil Stanley, P Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper Tillman Tolbert Trense Turnquest Twiggs Unterman Walker, L Walker, R.L Watson West Westmoreland Whitaker Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 162, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
HE 428. By Representatives Parrish of the 144th, Coleman of the 142nd, Walker of the 141st, Smyre of the 136th, Skipper of the 137th and others:
A resolution urging the Federal Deposit Insurance Corporation, the Federal Reserve Bank, the Office of the Comptroller General, and the Office of Thrift Supervision to withdraw the proposed "Know Your Customer" regulations from consideration.

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

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

Y Alien Y Anderson Y Ashe Y Bailey E Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux

Borders Bridges Brooks Brown Buck Buckner Bulloch Bunn Burkhalter Byrd Callaway

Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox

Crawford Cummings Davis, M Davis, T Day Dean DeLoach, B DeLoach, G Dix Dixon Dodson

Dukes Ehrhart Epps Evans Everett Felton Floyd Franklin Golick Graves Greene

1450
Y Grindley Y Hammontree Y Banner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings

JOURNAL OF THE HOUSE

Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y OWeal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder

Scarlett Scheid Scott
Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W
Smith, L
Smith, L.R
Smith, P
Smith, T Smith, V
Smyre Snelling Snow
Squires Stallings Stancil Stanley, P

Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper Tillman Tolbert Trense Turnquest Twiggs Unterman Walker, L Walker, R.L Watson West Westmoreland Whitaker Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 170, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The following Resolution of the House was read and referred to the Committee on Rules: HR 494. By Representatives Royal of the 164th and Dukes of the 161st:
A resolution inviting the coaches and players of the Mitchell-Baker High School Eagles basketball team to appear before the House of Representatives.

Pursuant to Rule 52, Representative Holmes of the 53rd moved that the following Bill of the House be engrossed:
HB 916. By Representatives Holmes of the 53rd, Stuckey of the 67th, Ashe of the 46th, Orrock of the 56th and Smith of the 19th:
A bill to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to horns, exhaust systems, mirrors, windshields, tires, safety belts, and energy absorption systems, so as to change certain provisions relating to seat belt equipment requirements and safety restraints for children under four years of age.

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

N Alien Y Anderson Y Ashe
Y Bailey
E Bannister N Barnard Y Barnes Y Benefield Y Birdsong N Bohannon Y Bordeaux Y Borders N Bridges Y Brooks N Brown

N Buck Y Buckner N Bulloch Y Bunn N Burkhalter Y Byrd
Callaway N Campbell N Cash Y Channel! Y Childers N Clark N Coan N Coleman, B Y Coleman, T

Connell Cooper Cox Crawford Cummings Davis, M Davis, T Day Dean DeLoach, B DeLoach, G Dix Dixon Dodson Dukes

N Ehrhart Y Epps E Evans N Everett
Felton Floyd N Franklin N Golick N Graves Greene N Grindley N Hammontree Y Hanner N Harbin Y Harrell

Y Heard Heckstall
Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Houston N Howard N Hudgens
Hudson, H Y Hudson, N Y Hugley N Irvin N Jackson, B

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

TUESDAY, MARCH 9, 1999

1451

McKinney
Millar
N Mills
Y Mobley Y Morris Y Mosley N Mueller N OTSIeal Y Orrock N Parham Y Parrish
N Parsons Y Pelote N Pinholster Y Poag N Ponder N Porter N Powell Y Purcell Y Ragas Y Randall

Ray Y Reaves Y Reece Y Reed N Reese Y Reichert
Rice N Richardson N Roberts N Rogers Y Royal N Sanders N Sauder N Scarlett N Scheid N Scott Y Shanahan
Shaw
N Shipp Y Sholar
Y Sims

Sinkfield
Y Skipper N Smith, B Y Smith, C Y Smith, C.W N Smith, L N Smith, L.R N Smith, P Y Smith, T N Smith, V
Smyre N Snelling N Snow Y Squires Y Stallings N Stancil
Stanley, P
Y Stanley-Turner N Stephens Y Stokes Y Stuckey

Y Taylor Y Teague
Y Teper Y Tillman N Tolbert N Trense
Y Turnquest N Twiggs N Unterman Y Walker, L
N Walker, R.L N Watson Y West N Westmoreland N Whitaker N Wiles N Williams, J N Williams, R Y Wix
Yates Murphy, Spkr

On the motion, the ayes were 79, nays 80.

The motion was lost.

Under the general order of business, established by the Committee on Rules, the follow ing Bills of the House were taken up for consideration and read the third time:
HB 631. By Representatives Sauder of the 29th, Channell of the lllth, Powell of the 23rd, Tolbert of the 25th, Martin of the 145th and others:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance, so as to provide for the payment of inpatient hospital claims.

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

Y Alien Y Anderson Y Ashe Y Bailey E Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon
Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch
Y Bunn Y Burkhalter Y Byrd
Callaway Y Campbell Y Cash Y Channell Y Childers
Clark

Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G E Dix Y Dixon Y Dodson
Dukes Ehrhart Y Epps E Evans
Y Everett
Y Felton Floyd
Y Franklin Y Golick Y Graves

Y Greene Y Grindley Y Hammontree
Hanner
Y Harbin
Y Harrell Y Heard
Heckstall Y Hegstrom
Hembree Y Henson Y Holland Y Holmes Y Houston
Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins
Y Jennings Y Jones

Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning
Martin, J
Y Martin, J.L Y Massey Y McBee Y McCall N McClinton
Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y OTSIeal N Orrock
Y Parham Y Parrish
Parsons

Y Pelote Y Pinholster Y Poag
Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall
Ray
Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
Shaw

1452
Y Shipp Y Sholar Y Sims N Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

JOURNAL OF THE HOUSE

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow
Y Squires Y Stallings

Y Stancil Stanley, P
Y Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper

Y Tillman Y Tolbert Y Trense N Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson

Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 155, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
Representative Skipper of the 137th assumed the Chair. HB 636. By Representative Lucas of the 124th:
A bill to amend Chapter 56 of Title 33 of the Official Code of Georgia Anno tated, relating to risk-based capital levels for insurers, so as to allow the Commissioner to exempt certain insurers from the burdens of the chapter; to clarify the issue of extraterritorial jurisdiction.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 56 of Title 33 of the Official Code of Georgia Annotated, relating to risk-based capital levels for insurers, so as to allow the Commissioner to exempt certain insurers from the burdens of the chapter; to clarify the issue of extraterritorial jurisdic tion; 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 56 of Title 33 of the Official Code of Georgia Annotated, relating to risk-based capital levels for insurers, is amended by striking subsection (c) of Code Section 33-56-9, relating to the supplemental nature of the chapter and exemptions for certain property and casualty insurance companies, and inserting in lieu thereof a new subsection to read as follows:
"(c) The Commissioner may exempt from the application of this chapter any domestic property and casualty insurer which:
(1) Writes direct business only in this state;
(2) Writes direct annual premiums of $2,000,000.00 or less; and
(3) Assumes no reinsurance in excess of 5 percent of direct premium writtenr ; or
(4) Demonstrates to the satisfaction of the Commissioner by other means that prep aration and submission of an RBC report would create an unusual and unnecessary hardship or would result in a report which is ambiguous or misleading based upon the unique nature of the company's product offerings or financial structure."

TUESDAY, MARCH 9, 1999

1453

SECTION 2.
Said chapter is further amended by adding at the end of Code Section 33-56-10, relating to foreign insurers and the submission of risk-based capital reports, two new subsections to read as follows:

"(e) The primary responsibility for requiring a domestic insurer to submit RBC reports and take any corrective action rests exclusively with the Commissioner. If, in the judgment of the Commissioner, a domestic insurer has responded promptly and ade quately to the department according to the requirements of this Code section, then such domestic insurer should be exempt from responding to separate requests for re ports or corrective action from the commissioner of insurance of any other state where the domestic insurer does business. The domestic insurer may request that the infor mation supplied to the Commissioner be shared with the insurance commissioner of any other state, and such information should be accepted by such other insurance commissioner in recognition of the Georgia Commissioner's primary responsibility for, and oversight of, the risk-based capital law as it pertains to domestic insurers.

(f) If the Commissioner determines that a domestic insurer is still being required to respond to separate requests for reports or corrective action under the terms of this Code section, then such request shall constitute prima-facie evidence that such other state is imposing a requirement which exceeds the requirements imposed by Georgia law, triggering the provisions of the retaliatory law in Code Section 33-3-26. In such cases, the Commissioner is thereupon authorized to require separate risk-based capital reports or corrective action requirements from each and every insurer doing business in Georgia whose home state commissioner has imposed such requirements on any Georgia domestic insurer."

SECTION 3. This Act shall become effective on July 1, 1999.

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

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

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

Y Alien Y Anderson Y Ashe Y Bailey E Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd

Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G E Dix

Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps E Evans Y Everett Y Felton
Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Banner
Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom

Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens
Hudson, H Y Hudson, N Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane

Lewis Lord Lucas Maddox Mann Manning Martin, J Martin, J.L
Massey McBee McCall McClinton McKinney Millar
Mills Mobley Morris
Mosley Mueller OTSTeal Orrock

1454
Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reaves Y Reece

JOURNAL OF THE HOUSE

Keed
Reese Beichert Rice Richardson
Roberts
Rogers Royal Sanders Sauder Scarlett Scheid Scott
Shanahan Shaw

Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W
Smith, L Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling

Snow Y Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense

Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, H Y Wix
Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 171. By Representatives Pelote of the 149th, Orrock of the 56th, Campbell of the 42nd, Trense of the 44th, Stephens of the 150th and others:
A bill to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain educational programs, so as to provide that the Department of Education shall establish a course of rape prevention and personal safety; to encourage the Board of Regents of the University System of Georgia to adopt a similar course.
The following Committee substitute was read:
A BILL
To amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia An notated, relating to certain educational programs, so as to require the State Board of Education to develop a rape prevention and personal safety education program for grade 8 through grade 12; to provide that local boards of education may implement such pro gram; to require the state board to make information regarding such program available to the Board of Regents of the University System of Georgia; 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.
Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain educational programs, is amended by inserting at the end thereof the following:
"20-2-314.
The State Board of Education shall develop by the start of the 1999-2000 school year a rape prevention and personal safety education program for grade 8 through grade 12. Local boards may implement such a program at any time and for any grade level it finds appropriate, and the state board shall encourage the implementation of such pro gram. In addition, the state board shall make information regarding such program available to the Board of Regents of the University System of Georgia."
SECTION 2. This Act shall become effective on July 1, 1999.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Pelote of the 149th moves to amend the Committee substitute to HB 171 by inserting after the word "develop" on line 19 of page 1 the following:

", with input from appropriate experts and rape crisis centers and". By inserting a comma after the word "year" on line 20 of page 1.

The Committee substitute, as amended, was adopted.

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

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

Y Alien Y Anderson Y Ashe Y Bailey E Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G E Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps E Evans Y Everett Y Felton
Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
Shaw
Y Shipp Y Sholar Y Sims Y Sinkfield
Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R
Y Smith, P Y Smith, T
Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner
Y Stephens Y Stokes Y Stuckey Y Taylor N Teague
Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest
Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles N Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 163, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Representative Teague of the 58th stated that she inadvertently voted "nay" on the pre ceding roll call. She wished to be recorded as voting "aye" thereon.

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HB 566. By Representative Cummings of the 27th:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide for inclusion in such plan state employees retired under a pub lic retirement system.
The following substitute, offered by Representatives Cummings of the 27th and Lord of the 121st, was read and adopted:

A BILL

To amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide for inclusion in such plan state employees retired under a public retirement system; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, is amended by striking in its entirety subparagraph (B) of paragraph (2) of Code Section 45-18-1, relating to definitions, and in serting in lieu thereof the following:
"(B) An annuitant who at the time of his or her retirement worked full time for the state and received his or her compensation in a direct payment from a depart ment, agency, or institution of state government and who draws a monthly benefit from the Employees' Retirement System of Georgia or the Georgia Judicial Retire ment System;"

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

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

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

Y Alien
Y Anderson Y Ashe Y Bailey E Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn
Burkhalter Byrd

Callaway Campbell Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell Y Cooper Y Cox Crawford Cummings Davis, M Davis, T Day Dean DeLoach, B DeLoach, G Dix

Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps E Evans Y Everett Y Felton
Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Harrell Y Heard
Heckstall
Y Hegstrom

Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane

Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning
Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal
Orrock

Parham Parrish Parsons Pelote Pinholster Poag Ponder Porter Powell Purcell
Randall Ray Reaves Reece

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Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw

Y Shipp
Y Sholar Y Sims Y Sinkfield
Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T
Smith, V Y Smyre Y Snelling

Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense

Y Turnquest Y Twiggs Y Unterm an Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 670. By Representatives Harbin of the 113th, Golick of the 30th, Channell of the lllth, Graves of the 125th and Parrish of the 144th:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions governing insurance gener ally, so as to provide for required information to be provided on certain health policy insurance cards.
The following Committee substitute was read and adopted:
A BILL
To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions governing insurance generally, so as to provide for re quired information to be provided on certain health policy insurance cards; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions governing insurance generally, is amended by adding immediately fol lowing Code Section 33-24-57, relating to certain prohibitions on health insurance cover age termination, a new Code section to read as follows:
"33-24-57.1.
(a) As used in this Code section, the term:
(1) 'Health policy' means any health care plan, dental plan, subscriber contract, or other policy plan or contract by whatever name called, including without limitation any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45; other than a disability income policy, a long-term care insurance policy, a Medicare supplement policy, a health insurance policy written as a part of workers' compensa tion equivalent coverage, a specified disease policy, a credit insurance policy, a hos pital indemnity policy, a limited accident policy, or other type of limited accident and sickness policy.

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(2) 'Insurer' means a health care corporation, health maintenance organization, pre ferred provider organization, accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, health care corporation, health maintenance corporation, provider sponsored health care corporation, any similar entity authorized to issue contracts under this title, or the plan administra tor of any health benefit plan established pursuant to Article 1 of Chapter 18 of Ti tle 45.

(b) Each insurer writing a health policy in this state shall provide subscribers of such policies with an insurance identification card, which shall, at a minimum, contain the following preprinted, not handwritten, information:

(1) The subscriber's name and the name of all persons covered by the policy;

(2) The subscriber's identification number;

(3) The group number, if applicable;

(4) The effective date of coverage;

(5) The name of the subscriber's primary care physician, if applicable;

(6) The name of the subscriber's insurer;

(7) The address of the office where claims are to be filed;

(8) The insurer's contact phone numbers and the phone number for coverage confir mation and preauthorization, if applicable;

(9) The policy's requirements as to copayments, coinsurance payments, or deductibles, as applicable; and

(10) The name of the hospital or laboratory managed care network, if applicable.

Further, so as to ensure that such cards contain accurate and updated information, each insurer shall provide each subscriber with a new insurance identification card whenever any information required to be on the card is changed not later than 45 days after such change becomes effective."

SECTION 2.
This Act shall become effective on April 1, 2000, and shall apply to all policies issued, delivered, issued for delivery, or renewed on or after such date.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Alien Y Anderson
Y Ashe Y Bailey E Bannister

Y Barnard Y Barnes
Benefield Y Birdsong Y Bohannon

Y Bordeaux Y Borders
Y Bridges Y Brooks Y Brown

Y Buck Y Buckner
Y Bulloch Y Bunn
Burkhalter

Y Byrd Y Callaway
Y Campbell Y Cash Y Channell

Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell
Cooper
Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G E Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps E Evans Y Everett Y Felton
Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley

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Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall
Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis
Y Lord
Y Lucas

Y Maddox
Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller
O'Neal
Orrock
Y Parham Y Parrish Y Parsons
Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray

Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
Shaw Y Shipp Y Sholar Y Sims
Sinkfield
Skipper Y Smith, B 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

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Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest N Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 161, nays 1.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 686. By Representatives Rice of the 79th, Squires of the 78th, Ashe of the 46th, Houston of the 166th, Rogers of the 20th and others:
A bill to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs under the "Quality Basic Education Act," so as to provide for a midterm adjustment in the amount of funds appropriated and allocated for the program for lim ited-English-proficient students.

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield
Birdsong
Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch

Y Bunn
Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell
Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes
Ehrhart
Epps E Evans Y Everett
Y Felton
Floyd Y Franklin Y Golick Y Graves

Y Greene
Y Grindley
Y Hammontree
Y Hanner
Y Harbin
Y Harrell
Y Heard
Heckstall
Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Y Lucas
Y Maddox
Y Mann Y Manning

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Martin, J Martin, J.L Massey McBee McCall McClinton McKinney Millar Mills Mobley Morris Mosley Mueller O'Neal Orrock Parham Parrish Parsons

JOURNAL OF THE HOUSE

Pelote Y Pinholster Y Poag
Y Ponder Y Porter Y Powell Y Purcell
Y Ragas Y Randall Y Ray
Y Reaves
Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts

Y Rogers Y Royal
Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
Shaw Y Shipp Y Sholar Y Sims
Sinkfield Skipper Y Smith, B 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 Squires
Y Stallings Y Stancil
Stanley, P
Y Stanley-Turner Y Stephens Y Stokes Y Stuckey
Y Taylor
Y Teague
Y Teper

Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R
Y Wix Yates Murphy, Spkr

On the passage of the Bill, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed. HB 788. By Representatives Rice of the 79th, Holland of the 157th, Randall of the
127th, Bannister of the 77th, Scott of the 165th 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 required life in surance policy provisions; to change certain provisions relating to standard provisians for annuity contracts.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 28 of Title 33 of the Official Code of Georgia Annotated, relating to annuity and pure endowment contracts, so as to change certain provisions relating to standard provisions for annuity contracts; to change certain provisions relating to stan dard nonforfeiture provisions for individual deferred annuities; to provide for applicabil ity; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 28 of Title 33 of the Official Code of Georgia Annotated, relating to annuity and pure endowment contracts, is amended by adding to subsection (b) of Code Section 33-28-2, relating to standard provisions for annuity contracts, a new paragraph (8) to read as follows:
"(S)PAYMENT OF CERTAIN CLAIMS. For any cash refund annuity, refund annuity, or any other annuity which provides for a lump sum settlement upon the death of the an nuitant, a provision that interest shall be payable on the amount of such lump sum settlement in the same manner, at the same rate, and subject to the same condi tions as provided by Code Section 33-25-10 for payment of interest on proceeds or payments under an individual policy of life insurance."
SECTION 2. Said chapter is further amended by striking paragraph (2) of subsection (c) of Code Sec tion 33-28-3, relating to standard nonforfeiture provisions for individual deferred annui ties, and inserting in lieu thereof the following:

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1461

"(2) If a contract provides for a lump sum settlement at maturity or at any other time, that upon surrender of the contract at or prior to the commencement of any annuity payments, the company will pay in lieu of any paid-up annuity benefit a cash surrender benefit of such amount as is specified in subsections (e) through (h) and (j) f this Code section and that interest shall be payable on such amount in the same manner, at the same rate, and subject to the same conditions as provided by Code Section 33-25-10 for payment of interest on proceeds or payments under an in dividual policy of life insurance:--The company ahall reserve the right to defer the payment of the cash surrender benefit for a period of oix months after demand for the benefit with aurrcndcr of the contract;"

SECTION 3.
This Act shall apply to contracts issued, delivered, or issued for delivery on or after the date this Act becomes effective.

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 substi tute, was agreed to.

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister
Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn
Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Day
Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon
Dodson Y Dukes Y Ehrhart Y Epps E Evans Y Everett Y Felton
Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane 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 Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal
Orrock Y Parham Y Fairish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
Shaw Y Shipp Y Sholar Y Sims Y Sinkfield
Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow Squires Stallings Stancil Stanley, P Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper Tillman Tolbert Trense Turnquest Twiggs Unterman Walker, L Walker, R.L Watson West Westmoreland Whi taker Wiles Williams, J Williams, R Wix
Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 166, nays 0.

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The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 642. By Representatives Randall of the 127th, Dean of the 48th and Holmes of the 53rd:
A bill to amend Code Section 19-13-4 of the Official Code of Georgia Anno tated, relating to protective orders and consent agreements, so as to provide that in situations where a protective restraining order is issued in connec tion with family violence, subsequent contact initiated by the person granted the order shall not constitute contempt on the part of the person against whom the order was issued.
The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 19-13-4 of the Official Code of Georgia Annotated, relating to protective orders and consent agreements, so as to provide that in situations where a protective restraining order is issued in connection with family violence, subsequent con tact initiated by the person granted the order shall not constitute contempt on the part of the person against whom the order was issued; provided, however, that additional threats or other prohibited behavior by the person who is subject to the protective re straining order directed toward the person granted the order shall constitute contempt notwithstanding the fact that contact is initiated by the person granted the order; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 19-13-4 of the Official Code of Georgia Annotated, relating to protective or ders and consent agreements, is amended by adding at the end thereof a new subsection (e) to read as follows:
"(e) In situations where a protective restraining order is issued pursuant to this chap ter, subsequent contact initiated by the person granted the order shall not constitute contempt on the part of the person against whom the order was issued; provided, how ever, that additional threats or other prohibited behavior by the person who is subject to the protective restraining order directed toward the person granted the order shall constitute contempt notwithstanding the fact that contact is initiated by the person granted the order."
SECTION 2.
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 Article 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the offense of stalking, so as to provide for certain consideration in making a determination as to whether a person has committed the offense of stalking; to provide that in situations where a protective or restraining order has been issued, subsequent contact initiated by the person granted the order with the person against whom the or der was issued shall not constitute contempt on the part of the person against whom the order was issued; to provide exceptions; to provide that under certain conditions a per-

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1463

son shall not be in violation of the aggravated stalking provisions of law in situations where a bond to keep the peace, protective or restraining order, or injunction or condi tion of probation or parole has been issued and subsequent contact is initiated by the person granted the bond, order, or injunction or for whom the condition was made with the person against whom the bond, order, injunction, or condition was issued; to amend Code Section 19-13-4 of the Official Code of Georgia Annotated, relating to protective or ders and consent agreements, so as to provide that in situations where a protective re straining order is issued in connection with family violence, subsequent contact initiated by the person granted the order shall not constitute contempt on the part of the person against whom the order was issued; provided, however, that additional threats or other prohibited behavior by the person who is subject to the protective restraining order di rected toward the person granted the order shall constitute contempt notwithstanding the fact that contact is initiated by the person granted the order; 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 the offense of stalking, is amended by striking in its entirety subsection (a) of Code Sec tion 16-5-90, relating to the offense of stalking, and inserting in lieu thereof a new sub section (a) to read as follows:
"(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 con sent of the other person for the purpose of harassing and intimidating the other per son. 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 know ing and willful course of conduct directed at a specific person which causes emotional distress by placing such person in reasonable fear 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 legitimate purpose. This Code section shall not be construed to require that an overt threat of death or bodily injury has been made. In making a determination as to whether a violation of this Code section has occurred, consideration shall be given to the provisions of subsection (e) of this Code section.
(b) Except as provided in subsection (c) of this Code section, a person who commits the offense of stalking is guilty of a misdemeanor.
(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 ten years.
(d) Before sentencing a defendant for any conviction of stalking under this Code sec tion or aggravated stalking under Code Section 16-5-91, the sentencing judge may re quire 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.
(e) In situations where a protective or restraining order has been issued pursuant to Code Section 16-5-94 or Chapter 13 of Title 19, subsequent contact initiated by the person granted the order with the person against whom the order was issued shall not

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constitute contempt on the part of the person against whom the order was issued; pro vided, however, that additional threats or other prohibited behavior by the person who is subject to the protective restraining order directed toward the person granted the order shall constitute contempt notwithstanding the fact that contact is initiated by the person granted the order."
SECTION 2.
Said article is further amended by striking in its entirety subsection (a) of Code Section 16-5-91, relating to the offense of aggravated stalking, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) A person commits the offense of aggravated stalking when such person, in viola tion 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 be havior described in this subsection, follows, places under surveillance, or contacts an other 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. A person shall not be in violation of this Code section in situations where a bond, protective or restraining or der, injunction or condition has been issued and subsequent contact is initiated by the person granted the bond, order, or injunction or for whom the condition was made with the person against whom the bond, order, injunction, or condition was issued; provided, however, that such person may be in violation of this Code section if he or she makes threats or engages in behavior prohibited by the bond, order, injunction, or condition notwithstanding the fact that contact is initiated by the person granted the bond, order, injunction, or condition."
SECTION 3.
Code Section 19-13-4 of the Official Code of Georgia Annotated, relating to protective or ders and consent agreements, is amended by adding at the end thereof a new subsection (e) to read as follows:
"(e) In situations where a protective restraining order is issued pursuant to this chap ter, subsequent contact initiated by the person granted the order shall not constitute contempt on the part of the person against whom the order was issued; provided, how ever, that additional threats or other prohibited behavior by the person who is subject to the protective restraining order directed toward the person granted the order shall constitute contempt notwithstanding the fact that contact is initiated by the person granted the order."
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative Callaway of the 81st moves to amend the Floor substitute to HB 642 (LC 10 2907S) by striking line 10 of page 1 and inserting in lieu thereof the following:
"the order was issued; to provide exceptions; to provide for methods for the person who was granted the order to use in initiating subsequent contact with the person against whom the order was issued; to provide for the duties of the clerk of the superior court or an attorney in connection therewith; to provide for setting out such methods of ini tiating contact in the protective restraining order; to provide that".
By striking in its entirety line 30 of page 1 and inserting in lieu thereof the following:

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"that contact is initiated by the person granted the order; to provide for methods for the person who was granted the order to use in initiating subsequent contact with the person against whom the order was issued; to provide for the duties of the clerk of the superior court or an attorney in connection therewith; to provide for setting out such methods of initiating contact in the protective restraining order;". By striking lines 1 through 5 of page 2 and inserting in lieu thereof the following:
"amended by striking in its entirety Code Section 16-5-90, relating to the offense of stalking, and inserting in lieu thereof the following: '16-5-90.".
By striking line 12 of page 3 and inserting in lieu thereof the following:
"person granted the order.
(f) In situations where a protective restraining order is issued pursuant to Code Sec tion 16-5-94 or Chapter 13 of Title 19, the person granted the order shall initiate sub sequent contact with the person against whom the order was issued only by sending a letter to the person against whom the order was issued proposing the contact. Such a letter shall be sent by one of the following methods:
(1) By mail or in person, after obtaining the dated signature of another adult on the letter as a witness to the letter;
(2) By sending such a letter to an attorney with a request that the letter be sent to the person against whom the order was issued;
(3) By taking or sending such a letter to the clerk of the superior court which granted the order, with the request that the clerk mail the letter and file a copy of the letter.
An attorney or clerk of the superior court who receives such a letter shall retain a copy of the letter and mail the original letter to the person against whom the order was issued. The provisions of this subsection shall be set out in the protective re straining order.'" By striking in their entirety lines 4, 5, and 6 of page 4 and inserting in lieu thereof the following: "agreements, is amended by adding at the end thereof two new subsections to be desig nated (e) and (f) to read as follows:
'(e) In situations where a protective restraining order is issued pursuant to this chap ter, the person granted the order shall initiate subsequent contact with the person against whom the order was issued only by sending a letter to the person against whom the order was issued proposing the contact. Such a letter shall be sent by one of the following methods:
(1) By mail or in person, after obtaining the dated signature of another adult on the letter as a witness to the letter;
(2) By sending such a letter to an attorney with a request that the letter be sent to the person against whom the order was issued;
(3) By taking or sending such a letter to the clerk of the superior court which granted the order, with the request that the clerk mail the letter and file a copy of the letter.

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An attorney or clerk of the superior court who receives such a letter shall retain a copy of the letter and mail the original letter to the person against whom the order was issued. The provisions of this subsection shall be set out in the protective re straining order.

(f) In situations where a protective restraining order is".

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

N Alien N Anderson N Ashe N Bailey Y Bannister Y Barnard N Barnes N Benefield N Birdsong N Bohannon N Bordeaux N Borders Y Bridges N Brooks Y Brown N Buck
Buckner N Bulloch
Bunn
Burkhalter
N Byrd Y Callaway N Campbell N Cash N Channell N Childers Y Clark Y Coan N Coleman, B N Coleman, T N Connell N Cooper N Cox
Crawford N Cummings Y Davis, M

N Davis, T N Day N Dean
DeLoach, B Y DeLoach, G N Dix N Dixon N Dodson N Dukes
Ehrhart N Epps E Evans Y Everett
N Pelton
Floyd Y Franklin N Golick
Graves N Greene N Grindley N Hammontree N Hanner N Harbin N Harrell N Heard
Heckstall N Hegstrom N Hembree
Henson
N Holland N Holmes N Houston N Howard N Hudgens N Hudson, H N Hudson, N

N Hugley N Irvin N Jackson, B N Jackson, L N James
Jamieson
Jenkins
Y Jennings Y Jones Y Joyce Y Kaye N Lane N Lewis N Lord
Lucas N Maddox N Mann N Manning N Martin, J N Martin, J.L Y Massey N McBee N McCall N McClinton
McKinney
Y Millar Y Mills N Mobley N Morris N Mosley N Mueller N O'Neal N Orrock N Parham N Parrish N Parsons

N Pelote Pinholster
N Poag N Ponder N Porter N Powell N Purcell N Ragas N Randall N Ray
Reaves N Reece N Reed Y Reese N Reichert
Y Rice N Richardson N Roberts N Rogers N Royal Y Sanders
N Sauder N Scarlett N Scheid N Scott N Shanahan
Shaw N Shipp N Sholar N Sims
N Sinkfield Skipper Smith, B
N Smith, C N Smith, C.W
N Smith, L

On the adoption of the amendment, the ayes were 27, nays 128.

N Smith, L.R N Smith, P N Smith, T Y Smith, V
N Smyre Snelling
N Snow N Squires N Stallings
Stancil Stanley, P N Stanley-Turner N Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Tolbert N Trense
N Turnquest Y Twiggs N Unterman N Walker, L N Walker, R.L N Watson N West Y Westmoreland
Whitaker Y Wiles Y Williams, J N Williams, R N Wix Y Yates
Murphy, Spkr

The amendment was lost.

The following amendment was read:

Representative Franklin of the 39th moves to amend the Floor substitute to HB 642 as follows:
Delete lines 7-12 on page 3
Delete following "issued" on page 3 line 36 through line 41.

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

N Alien N Anderson N Ashe

N Bailey N Bannister
N Barnard

N Barnes N Benefield Y Birdsong

Bohannon N Bordeaux N Borders

Y Bridges N Brooks
Y Brown

N Buck N Buckner N Bulloch
Bunn Burkhalter N Byrd Y Callaway N Campbell N Cash N Channell N Childers N Clark Y Coan N Coleman, B N Coleman, T N Connell N Cooper N Cox Crawford N Cummings Y Davis, M N Davis, T Y Day N Dean DeLoach, B Y DeLoach, G N Dix Dixon N Dodson N Dukes
Ehrhart N Epps E Evans

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N Everett N Felton
Floyd Y Franklin N Golick N Graves N Greene Y Grindley N Hammontree N Hanner N Harbin N Harrell
N Heard Heckstall
N Hegstrom N Hembree
Henson N Holland N Holmes N Houston N Howard N Hudgens N Hudson, H N Hudson, N N Hugley N Irvin N Jackson, B N Jackson, L N James
Jamieson
Jenkins N Jennings N Jones

Y Joyce Y Kaye N Lane N Lewis
N Lord Lucas
N Maddox
N Mann N Manning
N Martin, J N Martin, J.L
Y Massey N McBee N McCall
N McClinton
McKinney
N Millar Y Mills N Mobley N Morris N Mosley N Mueller N O'Neal N Orrock N Parham N Fairish N Parsons
Pelote N Pinholster N Poag N Ponder N Porter N Powell

N Purcell N Ragas N Randall N Ray
Reaves
N Reece N Reed
Y Reese
N Reichert
Y Rice N Richardson N Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett
Y Scheid N Scott N Shanahan
Shaw
N Shipp N Sholar N Sims N Sinkfield
Skipper
N Smith, B N Smith, C N Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T

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Y Smith, V N Smyre
Snelling N Snow N Squires N Stallings N Stancil
Stanley, P N Stanley-Turner N Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Tolbert N Trense N Turnquest N Twiggs N Unterman N Walker, L N Walker, R.L N Watson N West N Westmoreland E Whitaker Y Wiles N Williams, J N Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 21, nays 136.

The amendment was lost.

The Floor substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substi tute, was agreed to, by substitute.

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway

Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox
Crawford Y Cummings Y Davis, M Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson

Y Dukes
Y Ehrhart
Y Epps
E Evans
Y Everett Y Felton
Floyd
Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes
Y Houston Howard
Y Hudgens
Y Hudson, H Y Hudson, N
Y Hugley
Y Irvin Y Jackson, B
Y Jackson, L
Y James
Y Jamieson Y Jenkins Y Jennings Y Jones
Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox

Y Mann Y Manning
Martin, J Y Martin, J.L Y Massey Y McBee Y McCall
McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster

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Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray
Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice

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Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
Shaw Y Shipp Y Sholar Y Sims

Y Sinkfield Skipper
Y Smith, B 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
Snelling Y Snow Y Squires

Y Stallings Y Stancil
Stanley, P
Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Y Teague Y Teper Y Tillman Y Tolbert
Trense
Y Turnquest

Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland E Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following Resolution of the House was read and adopted: HR 495. By Representatives Reed of the 52nd, Brooks of the 54th, Teper of the 61st,
Mobley of the 69th, Bordeaux of the 151st and others: A resolution commending the Gate City Bar Association.
The Speaker announced the House in recess until 1:45 o'clock this afternoon.

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AFTERNOON SESSION
The Speaker called the House to order.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 190. By Representative Tolbert of the 25th:
A bill to amend an Act entitled "An Act to create a board of county commis sioners for the County of Jackson," so as to provide that the board of com missioners of Jackson County shall be composed of a chairperson and four commissioners.
The following Senate substitute was read:

A BILL
To amend an Act entitled "An Act to create a board of county commissioners for the county of Jackson," approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, so as to provide that the board of commissioners of Jackson County shall be composed of a chairperson and four commissioners; to provide that the chairperson shall be elected from the county at large; to provide that the commissioners shall each reside in one of four districts; to provide for election of members at large; to provide alternatively for election of members from districts; to provide for terms of office; to provide for qualifica tions; to provide for commissioner districts; to provide for a county manager and the se lection, compensation, powers, and duties thereof; to provide for a clerk; to provide for filling of vacancies; to provide for oaths of office and surety bonds; to provide for the compensation and expenses of the chairperson and members of the board; to provide for a vice chairperson; to provide for powers and duties of such officers; to provide for regu lar meetings, work sessions, and other meetings; to provide for the powers, duties, and authority of the chairperson and members of the board; to provide for formal bids for certain purchases; to provide for the appointment, removal, and compensation of employ ees and department heads; to provide for the preparation, submission, review, adoption, and amendment of budgets; to provide for expenditure of county funds; to provide for au dits of county finances and financial records; to provide for other related matters; to amend an Act creating the office of tax commissioner of Jackson County, placing the clerk of the superior court, the sheriff, the judge of the probate court, and the tax com missioner on a salary basis of compensation, and providing for the compensation of the chairperson and members of the Board of Commissioners of Jackson County, approved March 21, 1968 (Ga. L. 1968, p. 2536), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4200), so as to change certain provisions relating to the compensation of the chairperson and other members of the board of commissioners; to provide for submission of this Act for approval by the United States Attorney General; to provide for related matters; to provide for a referendum at a special election; 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 1A.
An Act entitled "An Act to create a board of county commissioners for the county of Jackson," approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, is amended by striking Section 1 and all subsequent sections and inserting in lieu thereof the following:

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"SECTION 1.

There shall be a Board of Commissioners of Jackson County to be elected and organ ized as provided for in this Act. The board of commissioners shall constitute the gov erning authority of Jackson County and shall exercise the powers, duties, and respon sibilities vested in and upon said officers by the provisions of this Act. The term 'board,' whenever used in this Act, shall mean the Board of Commissioners of Jackson County, including the chairperson and all members.

SECTION 2.
(a) The Board of Commissioners of Jackson County shall consist of a chairperson and four district commissioners. The four district commissioners shall be residents of their respective commissioner districts described in subsection (b) of this section but shall be elected at large as provided in Section 3 of this Act. The chairperson shall be elected at large as provided in Section 3 of this Act.

(b) For the purpose of electing members of the board of commissioners, Jackson County shall be divided into four commissioner districts. One member of the board shall be elected for each such district. Those districts shall consist of the described territory of Jackson County contained in the description attached to this Act and made a part hereof and further identified as: 'Operator: local Client: Jackson Plan: jack99p2.'
(c) For purposes of the commissioner districts described as provided by subsection (b) of this section:

(1) The terms 'Tract,' 'Block,' and 'Block Group' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;

(2) Any part of Jackson County which is not included in any commissioner district described as provided by subsection (b) of this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and

(3) Any part of Jackson County which is described as provided by subsection (b) of this section as being included in a particular commissioner district shall neverthe less not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia.

SECTION 3.

(a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law.

(b) In order to be elected as a member of the board for a commissioner district, a per son must be 21 years of age or older, must reside in that district, must have resided in Jackson County for at least 12 months prior to election to such office, and must re ceive the requisite number of the votes cast for that office by the electors of the entire county. At the time of qualifying for election as a member of the board for a commis sioner district, each candidate for such office shall specify the commissioner district for

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which that person is a candidate. A person elected as a member of the board for a commissioner district must continue to reside in that district during that person's term of office or that office shall thereupon become vacant.
(c) The chairperson of the board must be 25 years of age or older, must have resided in Jackson County for at least 12 months prior to election to such office, may reside anywhere within Jackson County, and must receive the requisite number of the votes cast for such office by the electors of the entire county. The chairperson must continue to reside within Jackson County during that person's term of office or that office shall thereupon become vacant.
SECTION 4.
(a) At the general election held in November of 2000, the chairperson and commission ers for all commissioner districts shall be elected. The chairperson and commissioners for Commissioner Districts One and Two elected in 2000 shall take office on the first day of January in the year following their election and shall serve terms of four years and until their successors are duly elected and qualified. The commissioners for Com missioner Districts Three and Four elected in 2000 shall take office on the first day of January in the year following their election and shall serve initial terms of two years until their successors are duly elected and qualified. Those and all future successors to the chairperson and commissioners for commissioner districts whose terms of office are to expire shall be elected at the general state-wide election immediately preceding the expiration of such terms, shall take office on the first day of January in the year following that election, and shall serve for terms of office of four years until their suc cessors are duly elected and qualified.
(b) The chairperson and all members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'
SECTION 5.
(a) In the event of a vacancy occurring in the membership of the board on or after the date the first members of the board take office, whether the vacancy is in the office of chairperson or any other member, for any reason other than expiration of term, that vacancy shall be filled as provided in this section.
(b) In the event a vacancy occurs on the board of commissioners when at least 180 days remain in the unexpired term of office, the election superintendent of Jackson County, within 15 days after the vacancy occurs, shall issue the call for a special elec tion to fill the vacancy for the remainder of the unexpired term. Such special election shall be called and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as now or hereafter amended. Any person elected in a special election to fill such a vacancy shall take office immediately upon certification of the re sults of such special election and qualification. If such vacancy is in the office of chairperson of the board of commissioners, the vice chairperson of the board shall ex ercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending on the date the successor chairperson takes office for the remainder of the unexpired term following the special election provided for in this subsection.
(c) In the event a vacancy occurs on the board of commissioners when less than 180 days remain in the unexpired term of office, the remaining members of the board of commissioners shall appoint a qualified person to fill the vacancy for the remainder of the unexpired term. Any person appointed by the board to fill a vacancy as provided in this subsection shall possess the residency and other qualifications required for the

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office and shall take office immediately upon appointment and qualification. If such vacancy is in the office of chairperson of the board of commissioners, the vice chairper son of the board shall exercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending on the date the successor chairperson takes office for the remainder of the unexpired term following his or her appointment as provided for in this subsection.
(d) A vice chairperson serving as chairperson shall not be authorized to vote as a member of the board of commissioners during such service unless the vice chairper son's vote would affect the outcome of any vote or issue before the board.
SECTION 6.
Before entering upon the discharge of their duties, the chairperson and commissioners shall subscribe an oath before the judge of the probate court of said county for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. In addition, the chairperson and each commissioner shall further give a satisfactory surety bond to the judge of the probate court of the county and payable to the judge of the probate court or that judge's successor in office and filed in the office of the judge of the probate court, in the sum of $10,000.00, con ditioned upon the faithful performance of the duties of the office. The costs of said bonds shall be paid out of the county treasury.
SECTION 7.
(a) Commissioners, other than the chairperson, shall serve on a part-time basis and be paid a salary of $10,000.00 per annum. Such compensation shall be paid in equal monthly installments from the funds of Jackson County. Each such commissioner shall also receive reimbursement for actual and necessary expenses incurred for travel in the performance of his or her duties which have been approved in advance, in writing, by the chairperson, upon presentation of a signed voucher setting forth the expenses incurred in such travel.
(b) The chairperson shall serve in such capacity on a part-time basis and shall be paid a salary of $15,000.00 per annum. Such compensation shall be paid in equal monthly installments from the funds of Jackson County. The chairperson shall also receive re imbursement for actual and necessary expenses incurred for travel in the performance of his or her duties.
SECTION 8.
At the first regular meeting of each year, the board of commissioners shall elect from its members a vice chairperson. In the event of death, disqualification, or resignation of the chairperson, the vice chairperson shall perform the duties and exercise the au thority of the chairperson until a new chairperson is chosen as provided in this Act. The vice chairperson shall preside at meetings of the board of commissioners in the absence of the chairperson and shall serve for the calendar year in which elected. In the event of a vacancy in the office of vice chairperson, the board of commissioners shall elect a new vice chairperson to serve for the remainder of the calendar year.
SECTION 9.
The board of commissioners shall hold one regular meeting each month at the county seat, which meeting shall be open to the public. The time, date, and place of the meet ings shall be determined by the board in the first meeting of the year. Any resolution passed by the board regarding the date, time, and place of its monthly meetings shall be published in the official county organ once a week for two weeks during a period of

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30 days immediately following the passage of the resolution. The board of commis sioners may hold such additional meetings as shall be necessary when called by the chairperson or any three commissioners, provided all members of the board of commis sioners shall have been notified of such special meeting which is open to the public. Any three commissioners or the chairperson and any two commissioners shall consti tute a quorum. No official action shall be taken except upon the affirmative vote of at least three members of the board of commissioners and except upon compliance with Chapter 14 of Title 50 of the O.C.G.A., relating to open meetings. The chairperson shall be entitled to vote on a question only if the chairperson's vote would affect the outcome of any vote or issue before the board. All regular and called meetings shall be conducted according to Robert's Rules of Order.
SECTION 10.
The chairperson shall preside over the meetings of the board of commissioners. The duties of the chairperson shall include, but shall not be limited to, the following:
(1) Calling meetings of the board as provided in Section 9 of this Act;
(2) Presiding at meetings of the board;
(3) Representing the county government at ceremonial functions;
(4) Being empowered to submit motions to the board of commissioners for action;
(5) Appointing members and chairpersons to all committees of the board with the approval of the board; and
(6) Performing such other duties as shall be delegated to the chairperson by the board of commissioners or as provided by law or ordinance.
SECTION 11.
The board of commissioners shall have the power and authority to fix and establish, by appropriate resolution entered on its minutes, policies, rules, and regulations gov erning all matters reserved to its exclusive jurisdiction. Such policies, rules, and regu lations, when so adopted with proper entry thereof made on the minutes of the board of commissioners, shall be conclusive and binding. The board of commissioners shall exercise only those administrative powers which are necessarily and properly incident to its functions as a policy-making or rule-making body or which are necessary to com pel enforcement of its adopted resolutions. The following powers are vested in the board of commissioners and reserved to its exclusive jurisdiction:
(1) To levy taxes;
(2) To make appropriations;
(3) To fix rates and charges for services provided by the county;
(4) To authorize the incurring of indebtedness;
(5) To order work done where the cost is to be assessed against benefited property and to fix the basis for such assessment;
(6) To authorize and provide for the execution of contracts;

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(7) To establish, alter, open, close, build, repair, or abolish public roads, bridges, and ferries, according to law; provided, however, that the chairperson shall have the au thority to accept subdivision plats when the requirements established by the board of commissioners for subdivisions have been met;
(8) To accept, for the county, the provisions of any optional statute where the stat ute permits its acceptance by the governing authority of the county;
(9) To exercise all powers, duties, and authority in respect to zoning and planning;
(10) To create and change the boundaries of special taxing districts authorized by law;
(11) To fix the bonds of county officers where same are not fixed by statute;
(12) To enact any ordinances or other legislation which the county may be given au thority to enact;
(13) To determine the priority of capital improvements;
(14) To call elections for the voting of bonds;
(15) Except as otherwise provided in this Act, to exercise all of the power and au thority which may be delegated by law to the governing authority of the county, by whatever name designated; and
(16) To appoint retained legal counsel and an independent county auditor and pro vide for their compensation.
SECTION 12.
Formal sealed bids shall be received for all purchases in amounts over $1,000.00. Ad vertisements for such bids shall be published for two consecutive weeks in the official organ of Jackson County. The need for such bids may be dispensed with by the board of commissioners if it decides that an emergency exists which will not permit a delay.
SECTION 13.
The internal organization of the county government shall be established and altered by the board of commissioners. Existing departments may be abolished and their functions transferred to other departments, additional departments may be created, and any two or more departments may be consolidated.
SECTION 14.
The board of commissioners shall employ a county manager having at least a bache lor's degree in public administration or a related field or at least five years' experience as a county manager or city manager. The county manager shall serve at the pleasure of the board of commissioners, shall receive such salary as determined by the board of commissioners, shall not be an elected official of any county or municipality, and shall have the following duties, powers, and authority:
(1) To supervise the administration of the affairs of the county and to see that the ordinances, resolutions, and regulations of the board of commissioners and the laws of the state are faithfully executed and enforced;

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(2) To employ and remove all department heads of the county under the jurisdiction of the board of commissioners and staff employees of the county manager, pursuant to policies established by the board, except for the county attorney, county auditor, and members of all the boards, commissions, and authorities who shall be appointed and removed by the board of commissioners pursuant to law or county ordinance;
(3) To exercise managerial authority and supervision over the county manager's staff and all department heads under the jurisdiction of the board of commissioners;
(4) To require reports from heads of departments and other employees entrusted with administrative duties or exercising discretion. The county manager shall have at all times the authority to examine all books and records of every officer and de partment of the county under the jurisdiction of the board of commissioners;
(5) To attend all meetings of the board of commissioners with a right to take part in the discussions but having no vote and to prepare an agenda of both new and un resolved business for each meeting;
(6) To recommend to the board of commissioners for adoption such measures as the county manager may deem necessary or expedient;
(7) To supervise the performance of all contracts made by any person, company, or corporation with the county for work done for the board of commissioners;
(8) To submit to the board of commissioners for approval, prior to July 31 of each year, a proposed operating budget for the next fiscal year showing budget revenues and expenditures during the preceding fiscal year; appropriations and estimated revenue and recommended expenditures for the next fiscal year; recommended sala ries; proposed capital expenditures; recommended tax levies; and such other infor mation and data as may be considered necessary by the board of commissioners;
(9) To keep the board of commissioners fully advised as to the financial condition and needs of the county;
(10) To make or cause to be made a full written report to the board of commission ers each month showing the operations and expenditures of each department of the county government for the preceding month;
(11) To serve as or designate a personnel director in the supervision and adminis tration of the county's personnel system for county employees;
(12) To delegate purely administrative duties to department heads or subordinates in the county government whose work the county manager shall supervise and di rect; provided, however, that the delegation or assignment of duties to subordinates shall not relieve the county manager from responsibility for administration of county affairs;
(13) To act as the clerk of the Board of Commissioners of Jackson County with the authority to delegate the administrative duties of such position;
(14) To perform such other duties as may be prescribed by this Act or as may, from time to time, be required by the board of commissioners; and
(15) To cooperate with elected and appointed county officers in management of the county's affairs.

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SECTION 15.
The clerk of the board of commissioners shall keep a proper and accurate book of min utes. The book of minutes of the board of commissioners shall contain all the acts, or ders, and proceedings of the board of commissioners in chronological order. The min utes book of the board of commissioners shall be open to the public for inspection at all times during regular office hours; and certified copies of any entries in the minutes book shall be furnished by the clerk to any person requesting same upon payment of a reasonable fee, to be paid into the county treasury as are other funds, to be assessed by the board of commissioners in an amount sufficient to defray the cost of preparing same.
SECTION 16.
(a) The county will comply with Chapter 81 of Title 36 of the O.C.G.A., relating to lo cal government budgets and audits, as well as the following provisions of this section.
(b) At the time the proposed budget is submitted to the board, the county manager shall cause to be published in the official organ of Jackson County a copy of the pro posed budget along with the public notices required by subsection (e) of Code Section 36-81-5 of the O.C.G.A. It shall be the duty of the board to hold a meeting at the time and place specified in the notice for the purpose of conducting such public hearing. The board shall review the proposed budget at such public hearing and may adopt the same as submitted by the county manager or make such amendments thereto as the board may deem necessary to maintain the county in sound financial condition. The board may continue the hearing on the proposed budget from time to time, but the time of and the place where the hearing is continued shall be publicly announced at the previous hearing. The board shall adopt the proposed budget as submitted or as amended by the board as the budget for the county for the following fiscal year prior to the beginning of the new fiscal year to which it applies.
(c) The final budget adopted by the board shall constitute the board's appropriations of all funds for the fiscal year covered by the budget. The budget may be amended during the fiscal year which it covers upon the board's taking formal action for such purpose at a regular meeting of the board. Prior to taking such action, the board shall cause to be published in the official organ of Jackson County a notice setting forth the proposed changes in the budget and a summary of the reasons therefor. Said notice shall also state the time and place of the regular meeting of the board at which action to amend the budget is to be taken. Said notice shall be published at least ten days prior to the date of the meeting. No increase in appropriations shall be made without provision also being made to finance such increase.
(d) A copy of the final budget adopted by the board and any amendment to or revision of the budget shall be transmitted by the county manager to the grand jury of the Su perior Court of Jackson County then in session.
SECTION 17.
No expenditures of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the board of commissioners. The county manager shall enforce compliance with this provision by all departments of county government and to this end shall institute a system of allotments of all moneys appro priated and budgeted.

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SECTION 18.
The board of commissioners shall on or before the final day of the month following the end of each fiscal year employ a certified public accountant for the making of an an nual continuous audit of county finances and financial records. The accountant so em ployed shall be paid out of county funds and shall perform a complete audit of the fi nancial records of the county for the preceding year, pointing out any irregularities found to exist, and reporting the results of such audit to the board of commissioners. Each annual report submitted to the board of commissioners shall be made available for public inspection as are other records in such office. The board of commissioners shall cause to be published in the official organ of Jackson County and posted at the courthouse door a statement of the financial condition of the county as of December 31 and June 30 of each year. Said accountant shall transmit to the grand jury of the Su perior Court of Jackson County a copy of each annual report furnished by said ac countant to the board of commissioners."
SECTION IB.
An Act entitled "An Act to create a board of county commissioners for the county of Jackson," approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, is amended by striking Section 1 and all subsequent sections and inserting in lieu thereof the following:
"SECTION 1.
There shall be a Board of Commissioners of Jackson County to be elected and organ ized as provided for in this Act. The board of commissioners shall constitute the gov erning authority of Jackson County and shall exercise the powers, duties, and respon sibilities vested in and upon said officers by the provisions of this Act. The term 'board,' whenever used in this Act, shall mean the Board of Commissioners of Jackson County, including the chairperson and all members.
SECTION 2.
(a) The Board of Commissioners of Jackson County shall consist of a chairperson and four district commissioners. The four district commissioners shall be residents of their respective commissioner districts described in subsection (b) of this section and shall be elected by the electors of their respective commissioner districts as provided in Sec tion 3 of this Act. The chairperson shall be elected at large as provided in Section 3 of this Act.
(b) For the purpose of electing members of the board of commissioners, Jackson County shall be divided into four commissioner districts. One member of the board shall be elected from each such district. Those districts shall consist of the described territory of Jackson County contained in the description attached to this Act and made a part hereof and further identified as: 'Operator: local Client: Jackson Plan: jack99p2.'
(c) For purposes of the commissioner districts described as provided by subsection (b) of this section:
(1) The terms Tract,' 'Block,' and 'Block Group' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;

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(2) Any part of Jackson County which is not included in any commissioner district described as provided by subsection (b) of this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(3) Any part of Jackson County which is described as provided by subsection (b) of this section as being included in a particular commissioner district shall neverthe less not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia.

SECTION 3.

(a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law.
(b) In order to be elected as a member of the board for a commissioner district, a per son must be 21 years of age or older, must reside in that district, must have resided in Jackson County for at least 12 months prior to election to such office, and must re ceive the requisite number of the votes cast for that office by the electors of that dis trict. At the time of qualifying for election as a member of the board from a commis sioner district, each candidate for such office shall specify the commissioner district for which that person is a candidate. A person elected as a member of the board from a commissioner district must continue to reside in that district during that person's term of office or that office shall thereupon become vacant.
(c) The chairperson of the board must be 25 years of age or older, must have resided in Jackson County for at least 12 months prior to election to such office, may reside anywhere within Jackson County, and must receive the requisite number of the votes cast for such office by the electors of the entire county. The chairperson must continue to reside within Jackson County during that person's term of office or that office shall thereupon become vacant.

SECTION 4.
(a) At the general election held in November of 2000, the chairperson and commission ers from all commissioner districts shall be elected. The chairperson and commission ers from Commissioner Districts One and Two elected in 2000 shall take office on the first day of January in the year following their election and shall serve terms of four years and until their successors are duly elected and qualified. The commissioners from Commissioner Districts Three and Four elected in 2000 shall take office on the first day of January in the year following their election and shall serve initial terms of two years until their successors are duly elected and qualified. Those and all future successors to the chairperson and commissioners from commissioner districts whose terms of office are to expire shall be elected at the general state-wide election immedi ately preceding the expiration of such terms, shall take office on the first day of Janu ary in the year following that election, and shall serve for terms of office of four years until their successors are duly elected and qualified.
(b) The chairperson and all members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'

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SECTION 5.
(a) In the event of a vacancy occurring in the membership of the board on or after the date the first members of the board take office, whether the vacancy is in the office of chairperson or any other member, for any reason other than expiration of term, that vacancy shall be filled as provided in this section.

(b) In the event a vacancy occurs on the board of commissioners when at least 180 days remain in the unexpired term of office, the election superintendent of Jackson County, within 15 days after the vacancy occurs, shall issue the call for a special elec tion to fill the vacancy for the remainder of the unexpired term. Such special election shall be called and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as now or hereafter amended. Any person elected in a special election to fill such a vacancy shall take office immediately upon certification of the re sults of such special election and qualification. If such vacancy is in the office of chairperson of the board of commissioners, the vice chairperson of the board shall ex ercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending on the date the successor chairperson takes office for the remainder of the unexpired term following the special election provided for in this subsection.

(c) In the event a vacancy occurs on the board of commissioners when less than 180 days remain in the unexpired term of office, the remaining members of the board of commissioners shall appoint a qualified person to fill the vacancy for the remainder of the unexpired term. Any person appointed by the board to fill a vacancy as provided in this subsection shall possess the residency and other qualifications required for the office and shall take office immediately upon appointment and qualification. If such vacancy is in the office of chairperson of the board of commissioners, the vice chairper son of the board shall exercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending on the date the successor chairperson takes office for the remainder of the unexpired term following his or her appointment as provided for in this subsection.
(d) A vice chairperson serving as chairperson shall not be authorized to vote as a member of the board of commissioners during such service unless the vice chairper son's vote would affect the outcome of any vote or issue before the board.

SECTION 6.

Before entering upon the discharge of their duties, the chairperson and commissioners shall subscribe an oath before the judge of the probate court of said county for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. In addition, the chairperson and each commissioner shall further give a satisfactory surety bond to the judge of the probate court of the county and payable to the judge of the probate court or that judge's successor in office and filed in the office of the judge of the probate court, in the sum of $10,000.00, con ditioned upon the faithful performance of the duties of the office. The costs of said bonds shall be paid out of the county treasury.

SECTION 7.

(a) Commissioners, other than the chairperson, shall serve on a part-time basis and be paid a salary of $10,000.00 per annum. Such compensation shall be paid in equal monthly installments from the funds of Jackson County. Each such commissioner shall also receive reimbursement for actual and necessary expenses incurred for travel in

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the performance of his or her duties which have been approved in advance, in writing, by the chairperson, upon presentation of a signed voucher setting forth the expenses incurred in such travel.
(b) The chairperson shall serve in such capacity on a part-time basis and shall be paid a salary of $15,000.00 per annum. Such compensation shall be paid in equal monthly installments from the funds of Jackson County. The chairperson shall also receive re imbursement for actual and necessary expenses incurred for travel in the performance of his or her duties.

SECTION 8.
At the first regular meeting of each year, the board of commissioners shall elect from its members a vice chairperson. In the event of death, disqualification, or resignation of the chairperson, the vice chairperson shall perform the duties and exercise the au thority of the chairperson until a new chairperson is chosen as provided in this Act. The vice chairperson shall preside at meetings of the board of commissioners in the absence of the chairperson and shall serve for the calendar year in which elected. In the event of a vacancy in the office of vice chairperson, the board of commissioners shall elect a new vice chairperson to serve for the remainder of the calendar year.
SECTION 9.
The board of commissioners shall hold one regular meeting each month at the county seat, which meeting shall be open to the public. The time, date, and place of the meet ings shall be determined by the board in the first meeting of the year. Any resolution passed by the board regarding the date, time, and place of its monthly meetings shall be published in the official county organ once a week for two weeks during a period of 30 days immediately following the passage of the resolution. The board of commis sioners may hold such additional meetings as shall be necessary when called by the chairperson or any three commissioners, provided all members of the board of commis sioners shall have been notified of such special meeting which is open to the public. Any three commissioners or the chairperson and any two commissioners shall consti tute a quorum. No official action shall be taken except upon the affirmative vote of at least three members of the board of commissioners and except upon compliance with Chapter 14 of Title 50 of the O.C.G.A., relating to open meetings. The chairperson shall be entitled to vote on a question only if the chairperson's vote would affect the outcome of any vote or issue before the board. All regular and called meetings shall be conducted according to Robert's Rules of Order.
SECTION 10.
The chairperson shall preside over the meetings of the board of commissioners. The duties of the chairperson shall include, but shall not be limited to, the following:
(1) Calling meetings of the board as provided in Section 9 of this Act;
(2) Presiding at meetings of the board;
(3) Representing the county government at ceremonial functions;
(4) Being empowered to submit motions to the board of commissioners for action;
(5) Appointing members and chairpersons to all committees of the board with the approval of the board; and

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(6) Performing such other duties as shall be delegated to the chairperson by the board of commissioners or as provided by law or ordinance.
SECTION 11.
The board of commissioners shall have the power and authority to fix and establish, by appropriate resolution entered on its minutes, policies, rules, and regulations gov erning all matters reserved to its exclusive jurisdiction. Such policies, rules, and regu lations, when so adopted with proper entry thereof made on the minutes of the board of commissioners, shall be conclusive and binding. The board of commissioners shall exercise only those administrative powers which are necessarily and properly incident to its functions as a policy-making or rule-making body or which are necessary to com pel enforcement of its adopted resolutions. The following powers are vested in the board of commissioners and reserved to its exclusive jurisdiction:
(1) To levy taxes;
(2) To make appropriations;
(3) To fix rates and charges for services provided by the county;
(4) To authorize the incurring of indebtedness;
(5) To order work done where the cost is to be assessed against benefited property and to fix the basis for such assessment;
(6) To authorize and provide for the execution of contracts;
(7) To establish, alter, open, close, build, repair, or abolish public roads, bridges, and ferries, according to law; provided, however, that the chairperson shall have the au thority to accept subdivision plats when the requirements established by the board of commissioners for subdivisions have been met;
(8) To accept, for the county, the provisions of any optional statute where the stat ute permits its acceptance by the governing authority of the county;
(9) To exercise all powers, duties, and authority in respect to zoning and planning;
(10) To create and change the boundaries of special taxing districts authorized by law;
(11) To fix the bonds of county officers where same are not fixed by statute;
(12) To enact any ordinances or other legislation which the county may be given au thority to enact;
(13) To determine the priority of capital improvements;
(14) To call elections for the voting of bonds;
(15) Except as otherwise provided in this Act, to exercise all of the power and au thority which may be delegated by law to the governing authority of the county, by whatever name designated; and
(16) To appoint retained legal counsel and an independent county auditor and pro vide for their compensation.

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SECTION 12.
Formal sealed bids shall be received for all purchases in amounts over $1,000.00. Ad vertisements for such bids shall be published for two consecutive weeks in the official organ of Jackson County. The need for such bids may be dispensed with by the board of commissioners if it decides that an emergency exists which will not permit a delay.
SECTION 13.
The internal organization of the county government shall be established and altered by the board of commissioners. Existing departments may be abolished and their functions transferred to other departments, additional departments may be created, and any two or more departments may be consolidated.
SECTION 14.
The board of commissioners shall employ a county manager having at least a bache lor's degree in public administration or a related field or at least five years' experience as a county manager or city manager. The county manager shall serve at the pleasure of the board of commissioners, shall receive such salary as determined by the board of commissioners, shall not be an elected official of any county or municipality, and shall have the following duties, powers, and authority:
(1) To supervise the administration of the affairs of the county and to see that the ordinances, resolutions, and regulations of the board of commissioners and the laws of the state are faithfully executed and enforced;
(2) To employ and remove all department heads of the county under the jurisdiction of the board of commissioners and staff employees of the county manager, pursuant to policies established by the board, except for the county attorney, county auditor, and members of all the boards, commissions, and authorities who shall be appointed and removed by the board of commissioners pursuant to law or county ordinance;
(3) To exercise managerial authority and supervision over the county manager's staff and all department heads under the jurisdiction of the board of commissioners;
(4) To require reports from heads of departments and other employees entrusted with administrative duties or exercising discretion. The county manager shall have at all times the authority to examine all books and records of every officer and de partment of the county under the jurisdiction of the board of commissioners;
(5) To attend all meetings of the board of commissioners with a right to take part in the discussions but having no vote and to prepare an agenda of both new and un resolved business for each meeting;
(6) To recommend to the board of commissioners for adoption such measures as the county manager may deem necessary or expedient;
(7) To supervise the performance of all contracts made by any person, company, or corporation with the county for work done for the board of commissioners;
(8) To submit to the board of commissioners for approval, prior to July 31 of each year, a proposed operating budget for the next fiscal year showing budget revenues and expenditures during the preceding fiscal year; appropriations and estimated revenue and recommended expenditures for the next fiscal year; recommended sala ries; proposed capital expenditures; recommended tax levies; and such other infor mation and data as may be considered necessary by the board of commissioners;

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(9) To keep the board of commissioners fully advised as to the financial condition and needs of the county;
(10) To make or cause to be made a full written report to the board of commission ers each month showing the operations and expenditures of each department of the county government for the preceding month;
(11) To serve as or designate a personnel director in the supervision and adminis tration of the county's personnel system for county employees;
(12) To delegate purely administrative duties to department heads or subordinates in the county government whose work the county manager shall supervise and di rect; provided, however, that the delegation or assignment of duties to subordinates shall not relieve the county manager from responsibility for administration of county affairs;
(13) To act as the clerk of the Board of Commissioners of Jackson County with the authority to delegate the administrative duties of such position;
(14) To perform such other duties as may be prescribed by this Act or as may, from time to time, be required by the board of commissioners; and
(15) To cooperate with elected and appointed county officers in management of the county's affairs.
SECTION 15.
The clerk of the board of commissioners shall keep a proper and accurate book of min utes. The book of minutes of the board of commissioners shall contain all the acts, or ders, and proceedings of the board of commissioners in chronological order. The min utes book of the board of commissioners shall be open to the public for inspection at all times during regular office hours; and certified copies of any entries in the minutes book shall be furnished by the clerk to any person requesting same upon payment of a reasonable fee, to be paid into the county treasury as are other funds, to be assessed by the board of commissioners in an amount sufficient to defray the cost of preparing same.
SECTION 16.
(a) The county will comply with Chapter 81 of Title 36 of the O.C.G.A., relating to lo cal government budgets and audits, as well as the following provisions of this section.
(b) At the time the proposed budget is submitted to the board, the county manager shall cause to be published in the official organ of Jackson County a copy of the pro posed budget along with the public notices required by subsection (e) of Code Section 36-81-5 of the O.C.G.A. It shall be the duty of the board to hold a meeting at the time and place specified in the notice for the purpose of conducting such public hearing. The board shall review the proposed budget at such public hearing and may adopt the same as submitted by the county manager or make such amendments thereto as the board may deem necessary to maintain the county in sound financial condition. The board may continue the hearing on the proposed budget from time to time, but the time of and the place where the hearing is continued shall be publicly announced at the previous hearing. The board shall adopt the proposed budget as submitted or as amended by the board as the budget for the county for the following fiscal year prior to the beginning of the new fiscal year to which it applies.

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(c) The final budget adopted by the board shall constitute the board's appropriations of all funds for the fiscal year covered by the budget. The budget may be amended during the fiscal year which it covers upon the board's taking formal action for such purpose at a regular meeting of the board. Prior to taking such action, tue board shall cause to be published in the official organ of Jackson County a noticf setting forth the proposed changes in the budget and a summary of the reasons therefor. Said notice shall also state the time and place of the regular meeting of the board at which action to amend the budget is to be taken. Said notice shall be published at least ten days prior to the date of the meeting. No increase in appropriations shall be made without provision also being made to finance such increase.
(d) A copy of the final budget adopted by the board and any amendment to or revision of the budget shall be transmitted by the county manager to the grand jury of the Su perior Court of Jackson County then in session.
SECTION 17.
No expenditures of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the board of commissioners. The county manager shall enforce compliance with this provision by all departments of county government and to this end shall institute a system of allotments of all moneys appro priated and budgeted.
SECTION 18.
The board of commissioners shall on or before the final day of the month following the end of each fiscal year employ a certified public accountant for the making of an an nual continuous audit of county finances and financial records. The accountant so em ployed shall be paid out of county funds and shall perform a complete audit of the fi nancial records of the county for the preceding year, pointing out any irregularities found to exist, and reporting the results of such audit to the board of commissioners. Each annual report submitted to the board of commissioners shall be made available for public inspection as are other records in such office. The board of commissioners shall cause to be published in the official organ of Jackson County and posted at the courthouse door a statement of the financial condition of the county as of December 31 and June 30 of each year. Said accountant shall transmit to the grand jury of the Su perior Court of Jackson County a copy of each annual report furnished by said ac countant to the board of commissioners."
SECTION 2.
An Act creating the office of tax commissioner of Jackson County, placing the clerk of the superior court, the sheriff, the judge of the probate court, and the tax commissioner on a salary basis of compensation and providing for the compensation of the chairperson and members of the Board of Commissioners of Jackson County, approved March 21, 1968 (Ga. L. 1968, p. 2536), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4200), is amended by striking Section 14 in its entirety and in serting in lieu thereof a new Section 14 to read as follows:
"SECTION 14.
Reserved."
SECTION 3.
It shall be the duty of the governing authority of Jackson County to require the attorney therefor to submit this Act, pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, to the United States Attorney General for approval.

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SECTION 4.
Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election su perintendent of Jackson County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Jackson County for ap proval or rejection. The election superintendent shall conduct this election on the date provided by law for the conduct of special election in November, 1999. The election su perintendent 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 Jackson County. The ballot shall have written or printed thereon the words:

( ) YES ( ) NO

"Question No. 1
Shall the governing authority of Jackson County be changed to a five-member board of commissioners to be composed of a chairperson
and four additional district commissioners, with compensation for each and a county manager to be employed by the board of commis sioners?

Question No. 2
If a majority of votes cast on Question No. 1 are in favor of changing the governing au thority of Jackson County to a five-member board of commissioners, select the type of board which you favor by placing a check (/) mark or (X) in the appropriate space below. Vote for only one of the options below:

OPTION 1

_____

A board of commissioners to be composed of a chairperson to be elected at large and four additional commissioners residing in speci fied commissioner districts but elected at large, whereby any quali fied elector of the county may vote for 100 percent of the member ship of the board of commissioners; or

OPTION 2

_____

A board of commissioners to be composed of a chairperson to be elected at large and four additional commissioners residing in speci fied commissioner districts and elected from such districts, whereby any qualified elector of the county may vote for 40 percent of the membership of the board of commissioners."

No voter shall vote for more than one of the options in Question No. 2. All persons desir ing to vote for approval of changing the governing authority of Jackson County to a five-member board of commissioners shall vote "Yes" on Question No. 1 and those per sons desiring to vote against changing the governing authority of Jackson County to a five-member board of commissioners shall vote "No" on Question No. 1. If more than one-half of the votes cast on Question No. 1 are for approval of changing the governing authority of Jackson County to a five-member board of commissioners, then either Sec tion 1A or Section IB and Section 2 of this Act shall become effective as provided in this section. If more than one-half of the votes cast on Question No. 1 are against changing the governing authority of Jackson County to a five-member board of commissioners or if the election is not conducted as provided in this section, then neither Section 1A nor Section IB nor Section 2 of this Act shall become effective and this Act shall be auto matically repealed on the first day of January following that election date.

If more than one-half of the votes cast on Question No. 1 are for approval of changing the governing authority of Jackson County to a five-member board of commissioners and

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more than one-half of the votes cast on Question No. 2 are cast in favor of Option 1 or if there is a tie vote between Option 1 and Option 2, then Section 1A of this Act shall be come effective on January 1, 2000, for the sole purpose of conducting the elections re quired by said section and for all purposes on January 1, 2001, Section 2 of this Act shall become effective on January 1, 2001, and Section IB of this Act shall be automati cally repealed on January 1, 2000. If more than one-half of the votes cast on Question No. 1 are for approval of changing the governing authority of Jackson County to a five-member board of commissioners and more than one-half of the votes cast on Ques tion No. 2 are cast in favor of Option 2, then Section IB of this Act shall become effec tive on January 1, 2000, for the sole purpose of conducting the elections required by said section and for all purposes on January 1, 2001, Section 2 of this Act shall become effec tive on January 1, 2001, and Section 1A of this Act shall be automatically repealed on January 1, 2000.
The expense of such election shall be borne by Jackson County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 5.
Except as otherwise 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.

District No 1 JACKSON Tract: 0102. Block: 125, 133, 143, 145, 146, 147, 148, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177A, 177B, 186, 192, 193, 194, 195, 196, 197 Tract: 0106. Block: 206, 207, 208A, 208B, 209, 210, 211, 212, 213, 214A, 214C, 214D, 214E, 214F, 214G, 214H, 214J, 214K, 214L, 214M, 214N, 214P, 214R, 214T, 215A, 215B, 216, 217, 218, 219, 220, 221A, 221B, 222, 223, 224, 263, 264, 265A, 265B, 303A, 304, 305A, 305B, 305C, 306A, 306B, 306C, 306D, 307, 308A, 309A, 309B, 312, 313, 357, 358 Tract: 0107.
Block: 101, 102, 103, 104, 105A, 105B, 105C, 105D, 105E, 106, 107, 108A, 108B, 108C, 108D, 109A, 109B, 109C, 109D, 109E, 109F, 110, 111A, 111B, 111C, HID, HIE, 111F, 111G, 111H, 112, 113A, 113B, 113C, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 126B, 126C, 127, 128A, 128B, 128C, 128D, 128E, 129A, 129B, 130A, 130B, 130C, 137A, 137B, 138A, 138B, 138C, 138D, 138E, 138F, 138G, 138H, 138J, 138K, 138L, 138M, 138N, 138P, 138R, 140, 142A, 142B, 143, 144A, 144B, 144C, 144D, 144E, 144F, 144G, 144H, 145A, 145B, 145C, 146, 147, 148A, 148B, 149, 150, 151, 152, 153, 154A, 154B, 155A, 155B, 155C, 156A, 156B, 156C, 156D, 156E, 156F, 156G, 157A, 157B, 157C, 157D, 158, 159, 160, 161A, 161B, 161C, 162A, 162B, 162C, 162D, 162E, 162F, 162G, 162H, 162J, 162K, 162L, 162M, 162N, 163, 164A, 164B, 165, 166A, 166B, 166C, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190A, 190B, 190C, 190D, 190E, 190F, 191, 192A, 192B, 192C, 192D, 192E, 192F, 192G, 192H, 192J, 193A, 193B, 194A, 194B, 195A, 195B, 195C, 196A, 196B, 196C, 196D, 196E, 196F, 197 Block Group: 2 Block Group: 3 Block: 401, 402, 403, 404A, 404B, 405A, 405B, 405C, 405D, 405E, 405F, 405G, 406A, 406B, 406C, 406D, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416,

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417, 418, 419, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452
District No. 2 JACKSON Tract: 0102. Block: 101A, 101B, 101C, 101D, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112A, 112B, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 149A, 149B, 150, 151, 152, 153, 154, 155, 156, 157A, 157B, 158, 159, 160, 161, 162, 163 Tract: 0103. Tract: 0104.
District No. 3 JACKSON Tract: 0101. Tract: 0102. Block: 126, 127, 128, 129, 130, 131, 132, 134, 135, 136, 137, 138, 139, 140, 141, 142, 144, 178A, 178B, 178C, 178D, 179, 180, 181, 182, 183, 184, 185, 187, 188, 189A, 189B, 190A, 190B, 190C, 191 Tract: 0107. Block: 131A, 131B, 131C, 132, 133A, 133B, 133C, 133D, 133E, 134A, 134B, Block: 134C, 134D, 134E, 135A, 135B, 136, 139, 141, 420, 421, 422, 423, 434, 435, 436, 437
District, No.4 JACKSON Tract: 0105. Tract: 0106. Block: 201, 202, 203, 204, 205, 214B, 214U, 214V, 214W, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 301, 302, 303B, 303C, 303D, 303E, 303F, 303G, 308B, 310, 311, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356
Representative Tolbert of the 25th moved that the House agree to the Senate substitute to HB 190.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the Sen ate and has instructed me to report the same back to the House with the following recommendations:
SB 82 Do Pass SB 117 Do Pass
Respectfully submitted, /s/ Martin of the 47th
Chairman

1488

JOURNAL OF THE HOUSE

Under the general order of business, established by the Committee on Rules, the follow ing Bills of the House were taken up for consideration and read the third time:
HB 523. By Representatives Royal of the 164th and Buck of the 135th:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to ad valorem taxation of property, so as to provide for com prehensive revision of the method and manner of calculating and determin ing the assessment ratio of assessed value to fair market value.

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

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

Alien Anderson Y Ashe Y Bailey Bannister Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck
Buckner
Bulloch Bunn Y Burkhalter Y Byrd Y Callaway Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Coleman, T Y Connell Y Cooper Y Cox
Crawford
Y Cummings
Y Davis, M

Y Davis, T Day
Y Dean
DeLoach, B Y DeLoach, G
Dix Dixon Y Dodson Dukes Y Ehrhart Epps E Evans Y Everett Y Felton Floyd Y Franklin Y Golick Y Graves Y Greene Grindley
Hammontree Y Hanner Y Harbin Y Harrell
Heard Heckstall Y Hegstrom Y Hembree Henson Y Holland Y Holmes
Houston Howard Y Hudgens Hudson, H Y Hudson, N

Y Hugley Y Irvin
Jackson, B Y Jackson, L
James
Jamieson
Jenkins
Y Jennings Jones
Y Joyce Y Kaye
Y Lane Lewis
Y Lord Y Lucas
Maddox
Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee
McCall
McClinton
McKinney
Y Millar Y Mills
Mobley Y Morris Y Mosley
Mueller Y O'Neal Y Orrock
Parham
Y Parrish Y Parsons

Pelote Pinholster
Poag Ponder Porter Powell Purcell Ragas Randall Ray Reaves Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C
Smith, C.W Smith, L

Smith, L.R Smith, P Smith, T
Smith, V
Smyre
Snelling Snow Squires Stallings Stancil Stanley, P
Stanley-Turner Stephens Stokes Stuckey
Taylor Teague Teper Tillman
Tolbert
Trense Turnquest Twiggs
Unterman
Walker, L
Walker, R.L Watson West Westmoreland
Whitaker Wiles Williams, J
Williams, R Wix Yates Murphy, Spkr

On the passage of the Bill, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Representatives Dukes of the 161st, Ragas of the 64th, Shanahan of the 10th, Jones of the 71st and Lewis of the 14th 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 507. By Representatives Snow of the 2nd, West of the 101st, Holland of the
157th, Ray of the 128th, Shaw of the 176th and others: A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the

TUESDAY, MARCH 9, 1999

1489

Georgia Public Service Commission, so as to provide for a legislative finding and intent; to direct the commission to adopt rules and regulations for deter mining whether basic local exchange calling areas should be expanded, con tracted, or otherwise reconfigured.
The following Committee substitute was read:

A BILL
To amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Georgia Public Service Commis sion, so as to provide for a legislative finding and intent; to define a certain term; to pro vide for the commission's consideration of petitions to reconfigure toll-free local calling areas; to provide for the referral of legislation proposing the reconfiguration of a toll-free local calling area for the commission's consideration; to require the commission to initi ate a certain proceeding; 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 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Georgia Public Service Commission, is amended by adding a new Code section, to be designated as Code Section 46-2-25.4, to read as follows:
"46-2-25.4.
(a) The General Assembly finds that proposed reconfigurations of toll-free local calling areas should be subject to a systematic review by the Public Service Commission. It is the purpose of this Code section to ensure that future reconfigurations of toll-free local calling areas are made based on criteria that will serve well the consumers in a local calling area of interest while allowing companies to recover any costs or losses resulting from such reconfigurations.
(b) As used in this Code section, the term 'reconfigure a toll-free local calling area' means to expand, contract, or otherwise change the boundaries of a toll-free local call ing area and includes overlapping the boundaries of a toll-free local calling area with all or a part of the boundaries of another toll-free local calling area.
(c)(l) The provisions of this subsection shall apply to petitions to reconfigure a toll-free local calling area which are filed on or after October 1, 1999.
(2) The commission shall consider a proposed reconfiguration of a toll-free local call ing area upon the petition of 40 percent of the residential subscribers and 60 per cent of the business subscribers within a proposed toll-free local calling area. Noth ing in this paragraph shall be construed to limit the commission's authority to consider a proposed reconfiguration upon the petition of a smaller percentage of sub scribers or any interested person.
(3) The commission shall determine whether to approve a proposed reconfiguration of a toll-free local calling area based upon a consideration of the following factors:
(A) Whether the area of interest for toll-free local calling has changed due to dem ographic, population, or social changes;
(B) Whether the proposed reconfiguration will aid significantly in economic development;

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JOURNAL OF THE HOUSE

(C) Where applicable as provided in paragraph (4) of this subsection, the results of balloting of subscribers that would be affected by the proposed reconfiguration; and
(D) Such other factors as the commission deems appropriate in determining whether the proposed reconfiguration is in the public interest.
(4) Where a proposed reconfiguration of a toll-free local calling area would result in a monthly increase of $3.00 or more for each subscriber line, the commission shall conduct balloting of all subscribers that would be affected by the proposed recon figuration. The commission shall consider the results of such balloting as provided in paragraph (3) of this subsection but shall not be bound by the results of such bal loting. No proposed reconfiguration of a toll-free local calling area shall be effective until the balloting required by this paragraph has been conducted and the results considered.
(d) Any legislation introduced in the General Assembly on or after January 10, 2000, to reconfigure a toll-free local calling area or areas may be referred to the commission by the chairperson of the committee to which such legislation is assigned in the House of Representatives or in the Senate. Upon such a referral, the commission shall con sider the reconfiguration proposed in such legislation in accordance with the provi sions of paragraphs (3) and (4) of subsection (c) of this Code section and report its ac tion to the committee chairperson who made the referral. The committee chairperson who referred the legislation to the commission may hold such legislation until the commission has reported its action.
(e) Within 30 days of the effective date of this Code section, the commission shall is sue a notice of inquiry or initiate another type of proceeding for the purpose of receiv ing public comment on the consistency of the rules of the commission regarding the reconfiguration of toll-free local calling areas that are in effect on the effective date of this Code section with the provisions of this Code section. The commission shall adopt such new or amended rules as are necessary to implement the requirements of this Code section in accordance with the requirements of Chapter 13 of Title 50, the 'Geor gia Administrative Procedure Act.'
(f) Nothing in this Code section shall be construed to affect the provisions of Code Sec tion 46-2-25.1, 46-2-25.2, or 46-2-25.3.
(g) Nothing in this Code section shall be construed to limit the authority of the Gen eral Assembly to legislate as authorized by the Constitution."
SECTION 2.
This Act shall become effective on July 1, 1999.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Holland of the 157th, Snow of the 2nd and Ray of the 128th move to amend the Committee substitute to HB 507 as follows:
Insert following line 28 on page 3 a new paragraph (g) as follows
(g) Nothing in this code section shall be construed to authorize the reduction of any toll-free calling areas of a 22 mile radius or greater area previously approved by bal loting the affected areas or established without balloting.

TUESDAY, MARCH 9, 1999

1491

And renumber the following paragraphs accordingly.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substi tute, 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 Ashe
Bailey Bannister
Barnard Barnes Benefield Birdsong Bohannon Bordeaux Borders Bridges Brooks
Brown Buck Buckner Bulloch Bunn Burkhalter Byrd
Callaway Campbell Cash Channell
Childers Clark Coan Coleman, B Coleman, T Connell Cooper Cox Crawford Cummings Davis, M

Y Davis, T Y Day
Dean
Y DeLoach, B Y DeLoach, G
Dix
Dixon
Y Dodson Y Dukes Y Ehrhart Y Epps E Evans Y Everett Y Felton
Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree
Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens
Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L
James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane 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 Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y OTSTeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote
Pinholster
Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray
Reaves Y Reece
Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
Shaw Y Shipp Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B 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 Squires Y Stallings Y Stancil
Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes
Y Stuckey Y Taylor
Y Teague Y TVsper
Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland E Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 152, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Representative Scott of the 165th stated that he inadvertently voted "aye" on the preced ing roll call. He wished to be recorded as voting "nay" thereon.
Representative Skipper of the 137th assumed the Chair. HB 573. By Representatives Martin of the 47th, Royal of the 164th and McKinney of
the 51st: A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to exclude certain costs from the definition of operating costs for certain purposes; to provide that the interest income from certain reserves may be used to pay operating costs.

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JOURNAL OF THE HOUSE

The following Committee substitute was read:

A BILL
To amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to exclude cer tain costs from the definition of operating costs for certain purposes; to provide that the interest income from certain reserves may be used to pay operating costs; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," ap proved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, is amended by striking the fifth sentence of subsection (i) of Section 25 and inserting in its place the following:
"The words 'operating costs of the system' for purposes of this subsection 25(i) are de fined to include all of the costs of that division of the Authority directly involved and that portion of the nonoperating administrative costs of those divisions of the Author ity indirectly involved, through the provision of support services, in providing mass transportation services for the metropolitan area, but exclusive of the costs of the divi sion or divisions directly involved and that portion of the nonoperating administrative costs of those divisions indirectly involved, in the planning, design, acquisition, con struction, and improvement of the rapid transit system, according to accepted princi ples of accounting, and also exclusive of nonrecurring the following costs:
(1) Nonrecurring costs and charges incurred in order to comply with any statute or regulation concerning either the protection or cleaning up of the environment, or ac cessibility by handicapped or disabled persons, or occupational health or safety, or with any judgment, decree, or order of any court or regulatory agency in implemen tation of any such statute or regulation;
(2) In the case of leases of equipment or facilities that, according to generally ac cepted principles of accounting, would not be classified as capital leases, payments of rent and other payments for the property subject to such leases or for the use thereof; provided that any costs for regular maintenance or repair of such equip ment or facilities shall not be excluded; and
(3) Costs incurred before June 30, 2005, directly for the purposes of ensuring that the Authority's computers and related technology do not malfunction because of the change in dates that will occur at the beginning of the year 2000, or for correcting any such malfunction."
SECTION 2.
Said Section 25 of the said Act is further amended by striking the last sentence of sub section (i) thereof and inserting in its place the following:
"Commencing July 1, 1988, and until June 30, 2000 2003, and only if expressly au thorized by the board, interest earned on reserve funds set aside: (1) For for rebuild ing, repairing, or renovating facilities of the rapid transit system; (2) For for replacing, repairing, or renovating equipment or other capital assets thereof; or (3) From from the sale or other disposition of real property, may, without regard to the original source of the funds so reserved, be used to pay the operating costs of the system as such costs are defined in this subsection."

TUESDAY, MARCH 9, 1999

1493

SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

The following amendment was read:

Representatives Felton of the 43rd and Millar of the 59th move to amend HB 573 by striking the quotation marks at the end of line 14 of page 2 and by inserting between lines 14 and 15 the following:

"In addition, the words "operating costs of the system" for purposes of this subsection 25(i) are defined to specifically and without limitation exclude any and all direct or in direct costs associated with the planning, design, acquisition, construction, and im provement of the rapid transit system with respect to an extension of such system from the North Springs Station to the Windward Parkway Station, which extension deviates in any respect whatsoever from the route previously proposed and adopted by the board of directors on August 28, 1989, as Alternative No. 2, Map 3; and no pro ceeds of the tax levied pursuant to this Act shall be used or expended in connection with any such excluded direct or indirect costs.'"

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

N Alien N Anderson N Ashe N Bailey Y Bannister Y Barnard N Barnes N Benefield N Birdsong Y Bohannon N Bordeaux N Borders Y Bridges N Brooks Y Brown N Buck
Buckner Y Bulloch Y Bunn Y Burkhalter N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Clark Y Coan Y Coleman, B
Coleman, T N Connell Y Cooper Y Cox
Crawford N Cummings Y Davis, M

Davis, T Day Dean DeLoach, B DeLoach, G Dix Dixon Dodson Dukes Ehrhart Epps Evans Everett Felton Floyd Franklin Golick Graves Greene Grindley Hammontree Hanner Harbin Harrell Heard Heckstall Hegstrom Hembree Henson Holland Holmes Houston Howard Hudgens Hudson, H Hudson, N

N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson Y Jenkins Y Jennings N Jones Y Joyce Y Kaye Y Lane Y Lewis
Lord N Lucas N Maddox Y Mann Y Manning N Martin, J Y Martin, J.L Y Massey N McBee Y McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish Y Parsons

Pelote Pinholster Poag Ponder Porter Powell Purcell Ragas Randall
Ray Reaves Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L

Y Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling
Snow N Squires N Stallings Y Stand! N Stanley, P N Stanley-Turner Y Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman Y Tolbert Y Trense N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland E Whitaker Y Wiles Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Spkr

1494

JOURNAL OF THE HOUSE

On the adoption of the amendment, the ayes were 79, nays 82.

The amendment was lost.

Representative Felton of the 43rd moved that the House reconsider its action in failing to adopt the Felton amendment.

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

N Alien N Anderson Y Ashe N Bailey Y Bannister Y Barnard N Barnes N Benefield N Birdsong Y Bohannon N Bordeaux N Borders Y Bridges N Brooks Y Brown N Buck
Buckner Y Bulloch Y Bunn Y Burkhalter N Byrd Y Callaway Y Campbell Y Cash
N Channell
N Childers Y Clark Y Coan Y Coleman, B
Coleman, T N Connell Y Cooper Y Cox
Crawford
N Cummings
Y Davis, M

Y Davis, T Y Day N Dean Y DeLoach, B Y DeLoach, G
Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps E Evans
Y Everett
Y Felton Floyd
Y Franklin Y Golick Y Graves N Greene Y Grindley Y Hammontree N Hanner Y Harbin N Harrell N Heard
Heckstall N Hegstrom Y Hembree Y Henson N Holland N Holmes Y Houston N Howard Y Hudgens
N Hudson, H
N Hudson, N

N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson Y Jenkins Y Jennings N Jones Y Joyce Y Kaye Y Lane Y Lewis
Lord N Lucas N Maddox Y Mann Y Manning N Martin, J Y Martin, J.L Y Massey N McBee Y McCall
N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish Y Parsons

N Pelote Y Pinholster N Poag Y Ponder N Porter
Powell
N Purcell N Eagas
Randall Y Bay N Reaves N Reece N Reed Y Reese N Reichert Y Rice Y Richardson
Roberts
N Rogers N Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott N Shanahan
Shaw Y Shipp
Sholar
N Sims N Sinkfield
Skipper Y Smith, B Y Smith, C Y Smith, C.W
N Smith, L

Y Smith, L.R N Smith, P N Smith, T Y Smith, V
N Smyre
Y Snelling Snow
N Squires N Stallings Y Stancil N Stanley, P N Stanley-Turner Y Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman
Y Tolbert
Y Trense N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland E Whitaker Y Wiles Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 81, nays 82.

The motion was lost.

The Committee substitute was adopted.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield

Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck

Buckner
Y Bulloch N Bunn Y Burkhalter Y Byrd N Callaway Y Campbell Y Cash

Y Channell Y Childers Y Clark Y Coan Y Coleman, B
Coleman, T Y Connell
Cooper

Y Cox Crawford
Y Cummings N Davis, M Y Davis, T Y Day Y Dean Y DeLoach, B

Y DeLoach, G Dix
Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton
Floyd N Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom
Y Hembree
Y Henson Y Holland Y Holmes Y Houston

TUESDAY, MARCH 9, 1999

Y Howard Y Hudgens Y Hudson, H Y Hudson, N
Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Y Jenkins N Jennings Y Jones Y Joyce Y Kaye Y Lane
Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton

Y McKinney Y Millar Y Mills Y Mobley Y Morris
Y Mosley N Mueller Y O'Neal Y Orrock Y Parham Y Parrish
Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall
Y Ray Y Reaves Y Reece Y Reed Y Reese
Y Reichert Y Rice

Y Richardson
Roberts Y Rogers Y Royal
Y Sanders
Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
Shaw
Y Shipp Sholar
Y Sims Y Sinkfield
Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling
Snow Y Squires

1495
Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper
Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland E Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 158, nays 6.

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

Representative Coleman of the 142nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 573 was ordered immediately transmitted to the Senate.
HB 576. By Representatives Porter of the 143rd, McBee of the 88th and Mobley of the 69th:
A bill to amend Article 1 of Chapter 5 of Title 20 of the Official Code of Georgia Annotated, relating to state public library activities, so as to author ize funding of cooperative library projects between the Department of Techni cal and Adult Education and the Department of Archives and History.

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

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

Y Alien Y Anderson Y Ashe
Bailey Y Bannister Y Barnard Y Barnes
Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown

Y Buck Buckner
Y Bulloch Y Bunn
Burkhalter
Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B
Coleman, T

Y Connell Y Cooper Y Cox
Crawford
Y Cummings Y Davis, M Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G
Dix Y Dixon Y Dodson Y Dukes

Ehrhart Y Epps Y Evans Y Everett Y Felton
Floyd Y Franklin Y Golick Y Graves Y Greene
Grindley Y Hammontree Y Hanner Y Harbin Y Harrell

Y Heard Heckstall
Y Hegstrom Y Hembree Y Henson
Holland Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Jackson, B

1496
Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey
McBee Y McCall Y McClinton

JOURNAL OF THE HOUSE

Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter
Y Powell Y Purcell Y Ragas
Randall

Y Ray
Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal
Sanders Y Sauder
Y Scarlett Y Scheid
Y Scott Y Shanahan
Shaw Y Shipp
Sholar
Y Sims

Y Sinkfield
Skipper
Y Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey

Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs
Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West
Y Westmoreland E Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix 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.
HB 649. By Representative Connell of the 115th:
A bill to amend Code Section 16-13-32.5 of the Official Code of Georgia An notated, relating to manufacturing, distributing, dispensing, or possessing a controlled substance, marijuana, or a counterfeit substance within 1,000 feet of a park or housing project, so as to provide a penalty for the violation of one of two prohibited activities.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch
Bunn Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Coleman, T

Y Connell Y Cooper Y Cox
Crawford Y Cummings Y Davis, M Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G
Dix Y Dixon Y Dodson Y Dukes
Ehrhart Y Epps Y Evans Y Everett Y Felton
Floyd Y Franklin Y Golick Y Graves Y Greene
Grindley Y Hammontree Y Manner Y Harbin Y Harrell

Y Heard
Heckstall
Y Hegstrom Y Hembree
Henson
Y Holland
Y Holmes
Y Houston
Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B
Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning

Martin, J
Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney
Y Millar
Y Mills Y Mobley Y Morris Y Mosley Y Mueller
O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas
Kandall Y Ray Y Reaves Y Reece

Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
Shaw Y Shipp
Sholar Y Sims Y Sinkfield
Skipper Y Smith, B 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

TUESDAY, MARCH 9, 1999

1497

Snow Y Squires Y Stallings Y Stancil
Y Stanley, P Y Stanley-Turner

Y Stephens Y Stokes Y Stuckey Y Taylor
Y Teague Y Teper

Y Tillman Y Tolbert Y Trense Y Turnquest
Y Twiggs Y Unterman

Walker, L Y Walker, E.L Y Watson Y West
Y Westmoreland E Whitaker

Y Wiles Y Williams, J Y Williams, R Y Wix
Y Yates Murphy, Spin-

On the passage of the Bill, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, HB 649 was ordered immediately transmitted to the Senate.
The following Bill of the House, having been previously read was again taken up for consideration:
HB 696. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A bill to amend Code Section 50-7-3 of the Official Code of Georgia Anno tated, relating to the creation of the Board of Industry, Trade, and Tourism and the composition of such board, so as to reconstitute such board and to add four additional board members.
The following amendment was read and adopted:
Representative Coleman of the 142nd moves to amend HB 696 by adding after the first semicolon on line 5 of page 1 the following:
"to change provisions relating to powers of the board; to provide that the board may authorize certain intergovernmental agreements and contracts for the public purposes of development of trade, commerce, industry, and employment opportunities; to pro vide for the purpose, scope, and manner of entering into such agreements and contracts;"
By striking the quotation mark on line 16 of page 2 and inserting between lines 16 and 17 of page 2 the following:
"(d) In addition to all other powers granted to the Board of Industry, Trade, and Tour ism under this chapter, the board may authorize the Department of Industry, Trade, and Tourism to enter into and carry out intergovernmental contracts and agreements for the purpose of providing financial and other assistance in carrying out projects or undertakings which will further the public purposes of development of trade, com merce, industry, and employment opportunities at the state and local levels. The board may authorize such contracts and agreements between the department and other departments, agencies, and entities of state government and may also authorize such contracts and agreements between the department and local development author ities. Any such contracts and agreements shall be awarded pursuant to criteria and procedures developed by the board. Such criteria and procedures shall be designed to effectuate those proposed contracts and agreements which will be most effective in fur thering the public purpose of development of trade, commerce, industry, and employ ment opportunities at the state and local levels. Neither the development of such criteria nor the award of such contracts and agreements shall be subject to Chapter 5 of Title 50; Chapter 13 of Title 50; or Article 5 of Chapter 5 of Title 28. The board and the department may expend funds appropriated or otherwise available to the board and the department for the public purposes described in this subsection.'"
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders N Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch
Bunn Y Burkhalter Y Byrd N Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark N Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox
Crawford Y Cummings N Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B
DeLoach, G
Dix Y Dixon Y Dodson
Y Dukes Y Ehrhart Y Epps Y Evans
Everett
Y Felton
Floyd N Franklin Y Golick Y Graves Y Greene
Grindley
Y Hammontree Y Banner Y Harbin Y Harrell Y Heard
Heckstall
Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin N Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Jones N Joyce N Kaye Y Lane Y Lewis
Y Lord
Y Lucas Y Maddox
N Mann
Y Manning
Y Martin, J Y Martin, J.L Y Massey
McBee McCall Y McClinton McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley Y Mueller Y CWeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reaves Y Reece Y Reed
N Reese
Y Reichert
Rice
Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder
Scarlett Y Scheid Y Scott Y Shanahan
Shaw Y Shipp
Sholar Y Sims Y Sinkfield
Skipper Y Smith, B 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
Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Untennan Y Walker, L N Walker, R.L Y Watson Y West Y Westmoreland E Whitaker Y Wiles
N Williams, J
Y Williams, R Y Wix N Yates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 143, nays 16.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Representative Jones of the 71st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 677. By Representatives Holland of the 157th, Byrd of the 170th, Holmes of the
53rd, Stuckey of the 67th, Martin of the 47th and others: 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 of Personnel Adminis tration generally, so as to change the grievance system for classified employees.
The following substitute, offered by Representative Holland of the 157th et al., was read:

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 of Personnel Administration generally, so as to change the grievance system for classified employees; to provide for definitions; to pro vide what employment actions shall be the subject of grievances; to provide for a uni-

TUESDAY, MARCH 9, 1999

1499

form four-step grievance filing procedure to be implemented by rules of the State Per sonnel Board; to provide for monitoring, determining, and compelling of compliance; to provide for notice to employees, reports, mediation, appeals, group grievances, employee spokespersons, continuances, granting of relief for failure to provide a timely decision or response, and termination of the grievance for failure to appeal; to provide for discipli nary action for retaliation, harassment, or false or misleading information; to authorize different procedures for unlawful discrimination complaints; to provide for related mat ters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the merit system generally, is amended by inserting a new Code section at the end thereof to be designated Code Section 45-20-21 to read as follows:
"45-20-21.

(a) As used in this Code section, the term:
(1) 'Covered employee' or 'employee' means all employees of all state departments and authorities except the following officers and employees who are excluded from the classified service by this article:
(A) Members of the General Assembly;
(B) Persons elected or appointed by the General Assembly, employees of the Gen eral Assembly, officials and employees of the Department of Audits and Accounts, and employees of the legislative counsel, except as otherwise provided;
(C) Officers, officials, and employees comprising the office of the Governor, except those officers, officials, and employees already covered by the state merit system by law or executive order; and all employees of the Office of Planning and Budget in the position classification policy coordinator, notwithstanding their previous in clusion in the classified service;
(D) Officers, officials, and employees comprising the office of the Lieutenant Gov ernor, except as otherwise provided;
(E) Officers and officials elected by popular vote and persons appointed to fill va cancies in elective offices;
(F) Members of boards and commissions appointed by the Governor or the Gen eral Assembly;
(G) The heads of departments or agencies appointed by boards or commissions which have been appointed by the Governor or the General Assembly, except where specifically included;
(H) Justices, judges, officials, officers, and employees of the judicial branch;
(I) Members, the chancellor, and vice-chancellors of the Board of Regents of the University System of Georgia and all officers, officials, and employees of the Uni versity System of Georgia, except those officers, officials, and employees already eligible to be covered by the state merit system by law or executive order;
(J) The officers, officials, and employees of the Department of Transportation, ex cept those officers, officials, and employees already eligible to be covered by the state merit system by law or executive order;
(K) The officers, officials, and employees of the Department of Law, except those officers, officials, and employees already covered by the state merit system by law or executive order;

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(L) A deputy or a confidential secretary when one is required by the head of a de partment, provided that the commissioner shall prescribe the conditions under which more than one deputy may be excluded;
(M) Not more than five positions designated by the head of each department, bu reau, commission, or agency, including those assigned for administrative purposes only, provided that the agency does not presently contain five unclassified, full-time, permanent, managerial positions; and provided, further, that the rights of classified employees shall not be abridged;
(N) Members of the military forces of the state while engaged in military service;
(O) Members of unemployment compensation boards of review and appeals tribu nals representing employer, employee, and the general public interest;
(P) State and local officials serving ex officio or emeritus and performing inciden tal duties;
(Q) Members of other advisory councils, committees, or similar bodies within the state merit system;
(R) Part-time or temporary employees rendering medical, nursing, or other profes sional, scientific, or technical services but who are not engaged in the performance of administrative duties under the merit system, provided that such employees meet the minimum requirements of education and experience established by the appointing authority and such employment is approved by the commissioner;
(S) Prisoner, inmate, student, or patient help working in or about institutions;
(T) Per diem employees engaged in skilled or unskilled work on a seasonal or in termittent basis, provided that the commissioner has authorized such employment;
(U) Commission and contract salesmen and hourly or per diem skilled and un skilled laborers working at the Georgia Industries for the Blind;
(V) Positions of a purely policy-making or confidential nature as recommended by the department head and approved by the Governor after consultation with the commissioner;
(W) Time-limited positions established for the purpose of conducting a specific study, investigation, or project subject to the approval of the commissioner;
(X) Additional positions of unique functions as may be authorized by the commissioner;
(Y) Positions in the class Major assigned to the Uniform Division of the Depart ment of Public Safety;
(Z)(i) The officers, officials, employees, and positions of the Department of Natu ral Resources, except those officers, officials, employees, and positions which are as of March 14, 1984, in fact in the classified service or which the commissioner designates as being in the classified service of the state merit system unless placed in the unclassified service under another provision of this chapter. Ex cept as provided in division (ii) of this subparagraph, unclassified employees of the Department of Natural Resources who are paid on an hourly basis shall continue not to be entitled to other benefits of employment, including, but not limited to, the accrual of annual and sick leave, membership within the Employ ees' Retirement System of Georgia, and inclusion under the health insurance plan for state employees as provided for in Article 1 of Chapter 18 of this title.
(ii) Any provision of division (i) of this subparagraph to the contrary notwith standing, unclassified employees of the Department of Natural Resources who are at work on or after July 1, 1993, who are paid on an hourly basis, and who are otherwise eligible to participate under Article 1 of Chapter 18 of this title may be included under the health insurance plan for state employees as funding

TUESDAY, MARCH 9, 1999

1501

is provided and may accrue annual and sick leave; provided, however, that such eligibility for annual and sick leave shall not apply to any service occurring prior to July 1, 1993;
(AA) The employees in the positions in the job classification of 'Clerk, Contin gency* in the Department of Labor who are paid on an hourly basis. These em ployees shall continue not to be entitled to other benefits of employment, includ ing, but not limited to, the accrual of annual and sick leave, membership within the Employees' Retirement System of Georgia, and inclusion under the health in surance plan for state employees as provided for in Article 1 of Chapter 18 of this title;
(BB) The officers, officials, and employees of postsecondary technical schools which are operated by the Department of Technical and Adult Education, except those officers, officials, and employees already eligible to be covered by the state merit system by law or executive order;
(CC) The 39 positions funded by the General Assembly during the 1992 legislative session for the Insurance Department for the purposes of securing accreditation of the Insurance Department by the National Association of Insurance Commission ers; and
(DD) The officers, officials, and employees of state schools which are operated by the State Board of Education, except those officers, officials, and employees al ready eligible to be covered by the state merit system by law or executive order.
(2) 'Grievance' means a claim initiated by an employee alleging that the employee's personal employment has been affected by adverse employment decisions or condi tions due to unfair treatment; unsafe or unhealthful working conditions; a perform ance rating which directly results in the denial of a salary increase; erroneous or ca pricious interpretation or application of department policies and procedures or the rules of the State Personnel Board; a violation of state or federal law; or allegations of unlawful discrimination because of race, color, sex, national origin, disability, age, or religious or political opinions or affiliations; and such other actions or conditions the board may provide by rule or regulation.
(b) The State Personnel Board shall adopt rules regarding employee grievances to pro vide for a grievance filing procedure which shall be uniform throughout state govern ment for covered employees unless exempted in subsection (a) of this Code section. The state merit system shall monitor, determine, and compel compliance with such grievance procedure by the departments of state government. The commissioner of the state merit system shall submit an annual report outlining departmental compli ance with this Code section to the Governor, Lieutenant Governor, Speaker of the House of Representatives, and appropriate standing committees of the Senate and the House of Representatives.
(c) State Personnel Board rules shall require the departments to post a notice outlin ing the grievance procedures and the employee's right to file a grievance.
(d) The rules of the State Personnel Board regarding employee grievances shall pro vide for:
(1) The initiation of a written grievance;
(2) Time periods relating to the grievance procedure;
(3) An initial determination if the matter complained of is a grievable matter;

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(4) A decision by the agency involved whether to grant the relief requested, contest the grievance, or refer the grievance to mediation;
(5) Procedures for hearing contested grievances;
(6) Hearing panel to hear contested grievances;
(7) A prohibition of supervisory employees, aggrieved employees, participants in a group grievance, and witnesses or other persons named or referred to in the written grievance from serving on the hearing panel;
(8) A written recommendation for resolution of the grievance by the hearing panel;
(9) An appeal to the head of the department by the aggrieved employee or manage ment of the recommended resolution by the hearing panel;
(10) A final agency decision; and
(11) An appeal to the State Personnel Board for claims of violations of the board's rules.
(e) The rules of the State Personnel Board shall provide for group grievances and shall allow another employee of the same department to act as the grievant's spokes person and shall provide for allowances to the grievant and any spokesperson of prep aration time for the grievance during regular work hours.
(f) No state officer, supervisor, management representative, or employee shall know ingly supply false or misleading information in a grievance or attempt to harass, in timidate, or retaliate against any employee, state officer, supervisor, or management representative as a result of the action in filing or processing a grievance or providing testimony or evidence regarding a grievance. Any violation of this subsection shall subject the offending party to disciplinary action. The State Personnel Board shall adopt procedures to investigate claims of and impose disciplinary sanctions for viola tions of this subsection.
(g) Departments may institute procedures designed specifically for unlawful discrimi nation complaints and may process grievances alleging unlawful discrimination ac cording to such procedures or according to the grievance procedure provided for in this Code section. State Personnel Board rules shall require that the grievant in such cases be given an opportunity to provide information relative to the complaint and, upon request, to receive information regarding the status of the complaint. At the conclusion of the investigation, the employee will be notified in writing of the decision and of any available alternatives.
(h) The State Personnel Board shall adopt rules to implement the provisions of this Code section pertaining to, but not limited to, nongrievable matters, group grievances, mediation, training requirements of persons associated with the grievance process, and necessary reporting procedures and requirements.
(i) The Governor is authorized to direct the State Personnel Board by executive order to incorporate additional provisions into the uniform grievance procedures for state employees set forth herein not inconsistent with the provisions of this Code section."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.

TUESDAY, MARCH 9, 1999

1503

The following amendment was read and adopted:

Representatives Holland of the 157th and Irvin of the 45th move to amend the Floor substitute to HB 677 as follows:
On page 7 following line 37 insert a new paragraph as follows:

(j) The General Assembly reserves to itself the authority to review and revise the grievance procedure and rules adopted pursuant to this code section by subsequently adopted legislation.

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:

Alien Anderson
Ashe
Bailey
Bannister Barnard Barnes Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B
DeLoach, G Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Manner Y Harbin Y Harrell Y Heard Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James
Jamieson
Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall
McClinton
Y McKinney Y Millar Y Mills Y Mobley
Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham
Y Parrish Y Parsons

Pelote Pinholster Poag Ponder Porter Powell Purcell
Ragas Randall Ray
Reaves Reece Reed
Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder
Scarlett Scheid Scott Shanahan Shaw Shipp
Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling
Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland E Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. By unanimous consent, HB 677 was ordered immediately transmitted to the Senate.
The following Resolution of the Senate was read:

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SR 257. By Senators Hooks of the 14th, Starr of the 44th, Walker of the 22nd and Johnson of the 1st

A RESOLUTION

Relative to adjournment; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General As sembly shall adjourn at the close of business on Wednesday, March 10, 1999, and shall reconvene on Monday, March 15, 1999.

BE IT FURTHER RESOLVED that for the duration of the remainder of the 1999 session of the General Assembly until its adjournment sine die, unless otherwise provided by resolution of the General Assembly, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and shall reconvene on the Monday next following.

BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate; and the hour for convening the House on each such Monday may be as ordered by the House.

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

Alien Anderson Ashe Bailey Bannister Barnard Bames
Benefield Birdsong Bohannon Bordeaux
Borders Bridges
Brooks Brown Buck
Buckner Bulloch Bunn
Burkhalter Byrd Callaway Campbell
Cash Channell
Childers Clark
Coan Coleman, B Coleman, T
Connell Cooper Cox Crawford Cummings Davis, M

Y Davis, T Y Day
Dean
Y DeLoach, B DeLoach, G Dix
Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton
Floyd Y Franklin Y Golick Y Graves Y Greene
Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B
Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane 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 Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Pelote Pinholster
Poag
Ponder Porter Powell Purcell
Randall Bay Reaves Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders
Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey
Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L
Watson Y West Y Westmoreland E Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 157, nays 0. The Resolution was adopted.

TUESDAY, MARCH 9, 1999

1505

Under the general order of business, established by the Committee on Rules, the follow ing Bills of the House were taken up for consideration and read the third time:
HB 732. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st, Bordeaux of the 151st, Graves of the 125th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions regarding torts, so as to establish a standard of care for certain entities which administer benefits or review or adjust claims under a managed care plan and provide for recovery for viola tions of that standard.
The following Committee substitute was read:
A BILL
To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to establish a standard of care for certain enti ties which administer benefits or review or adjust claims under a managed care plan and provide for recovery for violations of that standard; to prohibit waivers, modifica tions, shifting, or delegation of liability; to provide conditions for maintaining certain causes of action; to provide for court orders and abatement of actions; to provide that certain other liability is not created; to amend Chapter 20A of Title 33 of the Official Code of Georgia Annotated, the "Patient Protection Act of 1996," relating to managed care plans, so as to provide for a short title; to provide for definitions; to provide certain enrollees of managed care plans with an independent review of plan determinations and provide for standards, conditions, and procedures relating thereto; to provide for duties, powers, and functions of the Health Planning Agency with regard to such reviews and provide for certification of independent review organizations; to provide for expert re viewers and decisions thereof; to provide for costs and expedited reviews; to provide for immunity from liability and presumptions; to prohibit certain conflicts of interest; to provide for quality assurance; to provide for applicability; 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 1 of Title 51 of the Official Code of Georgia Annotated, relating to general pro visions regarding torts, is amended by adding at the end new Code sections to read as follows:
"51-1-48.
(a) Any claim administrator, health care advisor, private review agent, or other per son or entity which administers benefits or reviews or adjusts claims under a man aged care plan shall exercise ordinary diligence to do so in a timely and appropriate manner in accordance with the practices and standards of the profession of the health care provider generally. Notwithstanding any other provision of law to the contrary, any injury to an enrollee resulting from a want of such ordinary diligence shall be a tort for which a recovery may be had against the managed care entity offering such plan, but no recovery shall be had for punitive damages for such tort.
(b) The provisions of this Code section may not be waived, shifted, or modified by con tract or agreement and responsibility therefor shall be a duty which shall not be dele gated. Any effort to waive, modify, delegate, or shift liability for a breach of the duty provided by this Code section, through a contract for indemnification or otherwise, shall be invalid.

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(c) This Code section shall not create any liability on the part of an employer of an enrollee or that employer's employees, unless the employer is the enrollee's managed care entity.
(d) As used in this Code section and in Code Section 51-1-49, the terms 'claim admin istrator,' 'enrollee,' 'health care advisor,' and 'private review agent,' shall be defined as set forth in Chapter 46 of Title 33 except that 'enrollee' shall include the enrollee's eli gible dependents; 'managed care entity' and 'managed care plan' shall be defined as set forth in Code Section 33-20A-3; and 'independent review' means a review pursuant to Article 2 of Chapter 20A of Title 33, the 'Patient's Right to Independent Review Act.'
51-1-49.

(a) No person may maintain a cause of action pursuant to Code Section 51-1-48 unless the affected enrollee or the enrollee's representative:

(1) Has exhausted the grievance procedure provided for under Code Section 33-20A-5 and before instituting the action:
(A) Gives written notice of intent to file suit to the managed care entity; and
(B) Agrees to submit the claim to independent review if required under subsection (c) of this Code section; or

(2) Has filed a pleading alleging in substance that:
(A) Harm to the enrollee has already occurred for which the managed care entity may be liable; and
(B) The grievance procedure or independent review is not timely or otherwise available or would not make the enrollee whole,

in which case the court, upon motion by the managed care entity, shall stay the ac tion and order such grievance procedure or independent review to be conducted and exhausted.

(b) The notice required by paragraph (1) of subsection (a) of this Code section must be delivered or mailed to the managed care entity not fewer than 30 days before the ac tion is filed.

(c) The managed care entity receiving notice of intent to file suit may obtain indepen dent review of the claim, if notice of a request for review is mailed or delivered to the Health Planning Agency, or its successor agency, and the affected enrollee within ten days of receipt of the notice of intent to file suit."

SECTION 2.
Chapter 20A of Title 33 of the Official Code of Georgia Annotated, the "Patient Protec tion Act of 1996," is amended by designating Code Sections 33-20A-1 through 33-20A-10 as Article 1 of said chapter and substituting "this article" for "this chapter" and "This ar ticle" for "This chapter" wherever such terms appear in the newly designated Article 1.

SECTION 3.
Said chapter is further amended by adding at the end thereof a new article to read as follows:

33-20A-30.

"ARTICLE 2

TUESDAY, MARCH 9, 1999

1507

This article shall be known and may be cited as the 'Patient's Right to Independent Review Act.'
33-20A-31.
As used in this article:
(1) 'Eligible enrollee' means a person who:
(A) Is an enrollee or an eligible dependent of an enrollee of a managed care plan or was an enrollee or an eligible dependent of an enrollee of such plan at the time of the request for treatment; and
(B) Seeks a treatment which reasonably appears to be a covered service or benefit under the enrollee's evidence of coverage; provided, however, that this subparagraph shall not apply if the notice from a managed care plan of the outcome of the grievance procedure was that a treatment is experimental.
(2) 'Grievance procedure' means the grievance procedure established pursuant to Code Section 33-20A-5.
(3) 'Independent review organization' means any organization certified as such by the planning agency under Code Section 33-20A-39.
(4) 'Medical and scientific evidence' means:
(A) Peer reviewed scientific studies published in or accepted for publication by medical journals that meet nationally recognized requirements for scientific manu scripts and that submit most of their published articles for review by experts who are not part of the editorial staff;
(B) Peer reviewed literature, biomedical compendia, and other medical literature that meet the criteria of the National Institutes of Health's National Library of Medicine for indexing in Index Medicus, Excerpta Medicus (EMBASE), Medline, and MEDLARS data base or Health Services Technology Assessment Research (HSTAR);
(C) Medical journals recognized by the United States secretary of health and human services, under Section 1861(t)(2) of the Social Security Act;
(D) The following standard reference compendia: the American Hospital Formu lary Service-Drug Information, the American Medical Association Drug Evalua tion, the American Dental Association Accepted Dental Therapeutics, and the United States Pharmacopoeia-Drug Information; or
(E) Findings, studies, or research conducted by or under the auspices of federal government agencies and nationally recognized federal research institutes includ ing the Federal Agency for Health Care Policy and Research, National Institutes of Health, National Cancer Institute, National Academy of Sciences, Health Care Financing Administration, and any national board recognized by the National In stitutes of Health for the purpose of evaluating the medical value of health services.
(5) 'Medical necessity,' 'medically necessary care,' or 'medically necessary and appro priate' means care in light of conditions at the time of treatment which is:
(A) Appropriate and consistent with the diagnosis and could not have been omit ted without adversely affecting or failing to improve the eligible enrollee's condition;
(B) Compatible with the standards of acceptable medical practice in the United States;

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(C) Provided in a safe and appropriate setting given the nature of the diagnosis and the severity of the symptoms;
(D) Not provided solely for the convenience of the eligible enrollee or the conve nience of the health care provider or hospital; and
(E) Not primarily custodial care, unless custodial care is a covered service or ben efit under the eligible enrollee's evidence of coverage.
(6) 'Planning agency' means the Health Planning Agency established under Chapter 6 of Title 31 or its successor agency.
(7) 'Treatment' means a medical service, diagnosis, procedure, therapy, drug, or device.
(8) Any term defined in Code Section 33-20A-3 shall have the meaning provided for that term in Code Section 33-20A-3 except that 'enrollee' shall include the enrollee's eligible dependents.
33-20A-32.
An eligible enrollee shall be entitled to appeal to an independent review organization when:
(1) The eligible enrollee has received notice of an adverse outcome pursuant to a grievance procedure or the managed care entity has not complied with the require ments of Code Section 33-20A-5 with regard to such procedure; or
(2) A managed care entity determines that a proposed treatment is excluded as ex perimental under the managed care plan, and all of the following criteria are met:
(A) The eligible enrollee has a terminal condition that, according to the treating physician, has a substantial probability of causing death within two years from the date of the request for independent review or the eligible enrollee's ability to regain or maintain maximum function, as determined by the treating physician, would be impaired by withholding the experimental treatment;
(B) After exhaustion of standard treatment as provided by the evidence of cover age or a finding that such treatment would be of substantially lesser or of no ben efit, the eligible enrollee's treating physician certifies that the eligible enrollee has a condition for which standard treatment would not be medically indicated for the eligible enrollee or for which there is no standard treatment available under the evidence of coverage of the eligible enrollee more beneficial than the treatment proposed;
(C) The eligible enrollee's treating physician has recommended and certified in writing treatment which is likely to be more beneficial to the eligible enrollee than any available standard treatment;
(D) The eligible enrollee has requested a treatment as to which the eligible en rollee's treating physician, who is a licensed, board certified or board eligible phy sician qualified to practice in the area of medicine appropriate to treat the eligible enrollee's condition, has certified in writing that scientifically valid studies using accepted protocols, such as control group or double-blind testing, published in peer reviewed literature, demonstrate that the proposed treatment is likely to be more beneficial for the eligible enrollee than available standard treatment; and
(E) A specific treatment recommended would otherwise be included within the eli gible enrollee's certificate of coverage, except for the determination by the man aged care entity that such treatment is experimental for a particular condition.

TUESDAY, MARCH 9, 1999

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33-20A-33.
Except where required pursuant to Code Section 51-1-49, a proposed treatment must require the expenditure of a minimum of $500.00 to qualify for independent review.
33-20A-34.
(a) The parent or guardian of a minor who is an eligible enrollee may act on behalf of the minor in requesting independent review. The legal guardian or representative of an incapacitated eligible enrollee shall be authorized to act on behalf of the eligible enrollee in requesting independent review. Except as provided in Code Section 51-1-49, independent review may not be requested by persons other than the eligible enrollee or a person acting on behalf of the eligible enrollee as provided in this Code section.
(b) A managed care entity shall be required to pay the full cost of applying for and ob taining the independent review.
(c) The eligible enrollee and the managed care entity shall cooperate with the inde pendent review organization to provide the information and documentation, including executing necessary releases for medical records, which are necessary for the indepen dent review organization to make a determination of the claim.
33-20A-35.
(a) In the event that the outcome of the grievance procedure under Code Section 33-20A-5 is adverse to the eligible enrollee, the managed care entity shall include with the written notice of the outcome of the grievance procedure a statement specifying that any request for independent review must be made to the planning agency on forms developed by the planning agency, and such forms shall be included with the notification. Such statement shall be in simple, clear language in boldface type which is larger and bolder than any other typeface which is in the notice and in at least 14 point typeface.
(b) An eligible enrollee must submit the written request for independent review to the planning agency. Instructions on how to request independent review shall be given to all eligible enrollees with the written notice required under this Code section together with instructions in simple, clear language as to what information, documentation, and procedure are required for independent review.
(c) Upon receipt of a completed form requesting independent review as required by subsection (a) of this Code section, the planning agency shall notify the eligible en rollee of receipt and assign the request to an independent review organization on a ro tating basis according to the date the request is received.
(d) Upon assigning a request for independent review to an independent review organi zation, the planning agency shall provide written notification of the name and address of the assigned organization to both the requesting eligible enrollee and the managed care entity.
(e) No managed care entity may be certified by the Commissioner under Article 1 of this chapter unless the entity agrees to pay the costs of independent review to the in dependent review organization assigned by the planning agency to conduct each re view involving such entity's eligible enrollees.
33-20A-36.
(a) Within three business days of receipt of notice from the planning agency of assign ment of the application for determination to an independent review organization, the managed care entity shall submit to that organization the following:

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(1) Any information submitted to the managed care entity by the eligible enrollee in support of the eligible enrollee's grievance procedure filing;
(2) A copy of the contract provisions or evidence of coverage of the managed care plan; and
(3) Any other relevant documents or information used by the managed care entity in determining the outcome of the eligible enrollee's grievance.
Upon request, the managed care entity shall provide a copy of all documents required by this subsection, except for any proprietary or privileged information, to the eligible enrollee. The eligible enrollee may provide the independent review organization with any additional information the eligible enrollee deems relevant.
(b) The independent review organization shall request any additional information re quired for the review from the managed care entity and the eligible enrollee within five business days of receipt of the documentation required under this Code section. Any additional information requested by the independent review organization shall be submitted within five business days of receipt of the request, or an explanation of why the additional information is not being submitted shall be provided.
(c) Additional information obtained from the eligible enrollee shall be transmitted to the managed care entity, which may determine that such additional information justi fies a reconsideration of the outcome of the grievance procedure. A decision by the managed care entity to cover fully the treatment in question upon reconsideration us ing such additional information shall terminate independent review.
(d) The expert reviewer of the independent review organization shall make a determi nation within 15 business days after expiration of all time limits set forth in this Code section, but such time limits may be extended or shortened by mutual agreement be tween the eligible enrollee and the managed care entity. The determination shall be in writing and state the basis of the reviewer's decision. A copy of the decision shall be delivered to the managed care entity, the eligible enrollee, and the planning agency by at least first-class mail.
(e) The independent review organization's decision shall be based upon a review of the information and documentation submitted to it. Upon a review of a covered service which was medically necessary and appropriate, as defined in Code Section 33-20A-31, the standard of review shall be based upon generally accepted medical practices under like and similar circumstances.
(f) Information required or authorized to be provided pursuant to this Code section may be provided by facsimile transmission or other electronic transmission.
33-20A-37.
(a) A decision of the independent review organization in favor of the eligible enrollee shall be final and binding on the managed care entity and the appropriate relief shall be provided without delay. A managed care entity bound by such decision of an inde pendent review organization shall not be liable pursuant to Code Section 51-1-48 for abiding by such decision. Nothing in this Code section shall relieve the managed care entity from liability for damages proximately caused by its determination of the pro posed treatment prior to such decision.

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(b) A determination by the independent review organization in favor of a managed care entity shall create a rebuttable presumption in any subsequent action that the managed care entity's prior determination was appropriate and shall constitute a med ical record for purposes of Code Section 24-7-8.
(c) In the event that, in the judgment of the treating health care provider, the health condition of the enrollee is such that following the provisions of Code Section 33-20A-36 would jeopardize the life or health of the eligible enrollee or the eligible enrollee's ability to regain maximum function, as determined by the treating health care provider, an expedited review shall be available. The expedited review process shall encompass all elements enumerated in Code Sections 33-20A-36 and 33-20A-40; pro vided, however, that a decision by the expert reviewer shall be rendered within 72 hours after the expert reviewer's receipt of all available requested documents.
33-20A-38.
Neither independent review organization nor its employees, agents, or contractors shall be liable for damages arising from determinations made pursuant to this article, unless an act or omission thereof is made in bad faith or through gross negligence, constitutes fraud or willful misconduct, or demonstrates malice, wantonness, oppres sion, or that entire want of care which would raise the presumption of conscious indif ference to the consequences.
33-20A-39.
(a) The planning agency shall certify independent review organizations that meet the requirements of this Code section and any regulations promulgated by the planning agency consistent with this article. The planning agency shall deem certified any in dependent review organization meeting standards developed for this purpose by an in dependent national accrediting organization. To qualify for certification, an indepen dent review organization must show the following:
(1) Expert reviewers assigned by the independent review organization must be phy sicians or other appropriate providers who meet the following minimum requirements:
(A) Are expert in the treatment of the medical condition at issue and are knowl edgeable about the recommended treatment through actual clinical experience;
(B) Hold a nonrestricted license issued by a state of the United States and, for physicians, a current certification by a recognized American medical specialty board in the area or areas appropriate to the subject of review; and
(C) Have no history of disciplinary action or sanctions, including, but not limited to, loss of staff privileges or participation restriction, taken or pending by any hos pital, government, or regulatory body;
(2) The independent review organization shall not be a subsidiary of, nor in any way owned or controlled by, a health plan, a trade association of health plans, a managed care entity, or a professional association of health care providers; and
(3) The independent review organization shall submit to the planning agency the following information upon initial application for certification, and thereafter within 30 days of any change to any of the following information:
(A) The names of all owners of more than 5 percent of any stock or options, if a publicly held organization;
(B) The names of all holders of bonds or notes in excess of $100,000.00, if any;

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(C) The names of all corporations and organizations that the independent review organization controls or is affiliated with, and the nature and extent of any own ership or control, including the affiliated organization's type of business; and
(D) The names of all directors, officers, and executives of the independent review organization, as well as a statement regarding any relationships the directors, of ficers, and executives may have with any health care service plan, disability in surer, managed care entity or organization, provider group, or board or committee.
(b) Neither the independent review organization nor any expert reviewer of the inde pendent review organization may have any material professional, familial, or financial conflict of interest with any of the following:
(1) A managed care plan or entity being reviewed;
(2) Any officer, director, or management employee of a managed care plan which is being reviewed;
(3) The physician, the physician's medical group, health care provider, or the inde pendent practice association proposing a treatment under review;
(4) The institution at which a proposed treatment would be provided;
(5) The eligible enrollee or the eligible enrollee's representative; or
(6) The development or manufacture of the treatment proposed for the eligible en rollee whose treatment is under review.
(c) As used in subsection (b) of this Code section, the term 'conflict of interest' shall not be interpreted to include a contract under which an academic medical center or other similar medical research center provides health care services to eligible enrollees of a managed care plan, except as subject to the requirement of paragraph (4) of sub section (b) of this Code section; affiliations which are limited to staff privileges at a health care facility; or an expert reviewer's participation as a contracting plan pro vider where the expert is affiliated with an academic medical center or other similar medical research center that is acting as an independent review organization under this article. An agreement to provide independent review for an eligible enrollee or managed care entity is not a conflict of interest under subsection (b) of this Code section.
(d) The independent review organization shall have a quality assurance mechanism in place that ensures the timeliness and quality of the reviews, the qualifications and in dependence of the experts, and the confidentiality of medical records and review materials.
(e) The planning agency shall provide upon the request of any interested person a copy of all nonproprietary information filed with it pursuant to this article. The plan ning agency shall provide at least quarterly a current list of certified independent re view organizations to all managed care entities and to any interested persons.
33-20A-40.
(a) For the purposes of this article, in making a determination as to whether a treat ment is medically necessary and appropriate, the expert reviewer shall use the defini tion provided in paragraph (5) of Code Section 33-20A-31.
(b) For the purposes of this article, in making a determination as to whether a treat ment is experimental, the expert reviewer shall determine:

TUESDAY, MARCH 9, 1999

1513

(1) Whether such treatment has been approved by the federal Food and Drug Ad ministration; or
(2) Whether medical and scientific evidence demonstrates that the expected benefits of the proposed treatment would be greater than the benefits of any available stan dard treatment and that the adverse risks of the proposed treatment will not be substantially increased over those of standard treatments.
For either determination, the expert reviewer shall apply prudent professional prac tices and shall assure that at least two documents of medical and scientific evidence support the decision. 33-20A-41.
The planning agency shall provide necessary rules and regulations for the implemen tation and operation of this article."
SECTION 4. For purposes of certifying independent review organizations by the Health Planning Agency, or its successor agency, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, this Act shall become effective on July 1, 1999, and shall be applicable to any contract, pol icy, or other agreement of a managed care plan or health maintenance organization if such contract, policy, or agreement provides for health care services or reimbursement therefor and is issued, issued for delivery, delivered, or renewed on or after July 1, 1999.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st, Bor deaux of the 151st, Ehrhart of the 36th and Graves of the 125th move to amend the Committee substitute to HB 732 by adding after the word "care" on line 18 of page 5 the following:
"based upon generally accepted medical practices". By striking lines 20 through 23 on page 5 and inserting in lieu thereof the following:
"(A) Appropriate and consistent with the diagnosis and the omission of which could adversely affect or fail to improve the eligible enrollee's condition;". By striking all matter on lines 39 through 43 of page 9 and inserting in place thereof the following:
"documentation submitted to it."
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substi tute, 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:

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y Alien
Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childera Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B
DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton
Floyd Y Franklin Y Golick
Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin
Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O-Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote
Y Pinholster
Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice
Richardson
Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
Shaw Y Shipp Y Sholar Y Sims Y Sinkfield
Skipper Y Smith, B 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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert
Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland
E Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 172, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. HB 374. By Representatives Orrock of the 56th, Williams of the 114th, Trense of the
44th, Coleman of the 142nd, Skipper of the 137th and others: A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for legis lative findings; to require health insurers to provide coverage for any pre scription drug or device approved for use as a contraceptive.
The following amendment was read:
The Committee on Insurance moves to amend HB 374 by striking line 17 of page 2 and inserting in its place the following:
"service corporation, provider sponsored health care corporation, or other insurer or similar entity.". By striking line 30 of page 2 and inserting in its place the following:
"contraceptive. This Code section shall not apply to limited benefit policies described in paragraph (4) of subsection (e) of Code Section 33-30-12.". By striking lines 7 through 20 of page 3 and inserting in their place the following:
"intrauterine devices, and prescription barrier methods.'".

TUESDAY, MARCH 9, 1999

1515

The following amendment was read:

Representative Walker of the 141st moves to amend the Committee amendment to HB 374 as follows:
By striking line 9-11 of page 1 and inserting in lieu thereof the following:

"contraceptive. This code section shall not apply to limited benefit policies described in paragraph (4) of subsection (e) of Code Section 33-30-12. Likewise, nothing contained in this Act shall be construed to require any insurance company to provide coverage for abortion."

Representative Kaye of the 37th moved that the Walker amendment be printed and placed upon the desks.

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

N Alien
N Anderson Y Ashe N Bailey
Y Bannister N Barnard
N Bamea N Benefield N Birdsong
Bohannon
N Bordeaux N Borders Y Bridges N Brooks Y Brown N Buck
N Buckner N Bulloch Y Bunn Y Burkhalter N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Clark Y Coan N Coleman, B N Coleman, T N Connell Y Cooper Y Cox N Crawford N Cummings N Davis, M

N Davis, T N Day N Dean N DeLoach, B
DeLoach, G
Y Dix
Dixon
N Dodson N Dukes Y Ehrhart N Epps Y Evans Y Everett N Felton N Floyd Y Franklin Y Golick N Graves N Greene Y Grindley Y Hammontree N Hanner Y Harbin N Harrell
N Heard Heckstall
N Hegstrom Y Hembree N Henson N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, H N Hudson, N

N Hugley Y Irvin N Jackson, B Y Jackson, L
N James N Jamieson
N Jenkins Y Jennings N Jones Y Joyce Y Kaye N Lane Y Lewis
Lord
N Lucas N Maddox Y Mann N Manning N Martin, J N Martin, J.L Y Massey N McBee
McCall N McCHnton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley
Mueller N O'Neal N Orrock N Parham N Parrish N Parsons

N Pelote Y Pinholster N Poag N Ponder N Porter N Powell N Purcell N Ragas N Eandall N Ray N Reaves N Reece N Reed Y Reese N Reichert Y Rice
Richardson N Roberts N Rogers N Royal Y Sanders
N Sauder
Y Scarlett Scheid
N Scott N Shanahan
Shaw N Shipp N Sholar N Sims N Sinkfield
Skipper
Y Smith, B N Smith, C Y Smith, C.W N Smith, L

Y Smith, L.R N Smith, P
Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires
Stallings Y Stancil N Stanley, P N Stanley-Turner Y Stephens N Stokes N Stuckey N Taylor N league N Teper N Tillman Y Tolbert N Trense N Turnquest N Twiggs N Unterman
N Walker, L
Y Walker, R.L Y Watson N West Y Westmoreland E Whitaker Y Wiles Y Williams, J N Williams, R N Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 53, nays 112.

The motion was lost.

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

Y Alien Y Anderson Y Ashe

Y Bailey Y Bannister Y Barnard

Y Barnes Y Benefield Y Birdsong

Y Bohannon Y Bordeaux Y Borders

Y Bridges Y Brooks Y Brown

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Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day Y Dean Y DeLoach, B
DeLoach, G Y Dix
Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans

JOURNAL OF THE HOUSE

Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene
Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson
Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson
Y Jenkins Y Jennings Y Jones

Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning
Y Martin, J Y Martin, J.L Y Massey Y McBee
McCall
Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y OTSIeal Y Orrock
Y Parham
Parrish Y Parsons Y Pelote Y Pinholster
Y Poag Y Ponder Y Porter Y Powell

Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed N Reese Y Reichert Y Rice
Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
Shaw
Y Shipp Y Sholar Y Sims Y Sinkfield
Skipper
Y Smith, B 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 Squires Stallings
Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tilhnan Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman
Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland E Whitaker Y Wiles N Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 166, nays 3.

The amendment was adopted.

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

Y Alien Y Anderson Y Ashe
Y Bailey Y Bannister Y Barnard Y Barnes Y Benefit-Id Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks
Y Brown Y Buck Y Buckner Y Bulloch
Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B

Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day Y Dean Y DeLoach, B
DeLoach, G Y Dix
Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans
Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene
Y Grindley Y Hammontree Y Hanner

Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis
Lord
Y Lucas

Y Maddox Mann
Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee
McCall
Y McClinton Y McKinney Y Millar Y Mills Y Mobley
Y Morris
Y Mosley Y Mueller Y O-Neal
Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas

Y Randall Y Ray Y Reaves Y Reece Y Reed N Reese Y Reichert Y Rice
Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
Shaw
Y Shipp Y Sholar Y Sims Y Sinkfleld
Skipper Y Smith, B 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 Squires

TUESDAY, MARCH 9, 1999

Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey

Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest

Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmorland

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E Whitaker Y Wiles N Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 164, nays 3.

The amendment was adopted.

Representative Stancil of the 16th moved that HB 374 be placed upon the table.

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

N Alien N Anderson N Ashe N Bailey Y Bannister Y Barnard N Barnes N Benefield N Birdsong Y Bohannon N Bordeaux N Borders Y Bridges N Brooks Y Brown N Buck N Buckner N Bulloch Y Bunn Y Burkhalter N Byrd Y Callaway Y Campbell Y Cash N Channel! N Childers Y Clark Y Coan N Coleman, B N Coleman, T N Connell N Cooper N Cox Y Crawford N Cummings Y Davis, M

N Davis, T Y Day N Dean Y DeLoach, B
DeLoach, G Y Dix
Dixon Y Dodson N Dukes Y Ehrhart N Epps Y Evans Y Everett N Felton N Floyd Y Franklin Y Golick Y Graves N Greene Y Grindley Y Hammontree N Hanner Y Harbin N Harrell N Heard
Hecks tall N Hegstrom Y Hembree N Henson N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, H N Hudson, N

N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Jones Y Joyce Y Kaye
N Lane Y Lewis N Lord N Lucas N Maddox Y Mann N Manning N Martin, J Y Martin, J.L Y Massey N McBee
McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley Y Mueller N CCNeal N Orrock N Parham N Parrish Y Parsons

N Pelote Y Pinholster N Poag N Ponder N Porter N Powell N Purcell N Ragas
Randall Ray
N Reaves N Reece N Reed
Reese Y Reichert Y Rice
Richardson
N Roberts Y Rogers N Royal Y Sanders N Sauder Y Scarlett Y Scheid N Scott N Shanahan
Shaw
N Shipp N Sholar N Sims N Sinkfield
Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L

Y Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires
S tailings Y Stancil N Stanley, P N Stanley-Turner N Stephens N Stokes N Stuckey N Taylor
N Teague N Teper N TUlman
N Tolbert N Trense N Turnquest
Twiggs
N Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland E Whitaker Y Wiles Y Williams, J N Williams, R N Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 60, nays 106.
The motion was lost.
The following amendment was read and ruled out of order:
Representative Brown of the 130th moves to amend HB 374 as follows: Strike lines 6 p. 2 through line 20 p. 3 and substitute:
State merit shall provide coverage for any prescribed drug or device approved by the United States Food and Drug Administration for use as a contraceptive commencing

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July 1, 1999. The State Auditor will evaluate whether there are sufficient savings be tween then and July 1, 2001. These results will be presented to the legislature in 2002.

The following amendment was read:

Representative Joyce of the 1st moves to amend HB 374 as follows: Strike Page 2, Line 30 and inserting

"contraceptive, except that no health benefit policy shall be required to provide cover age for those contraceptives sometimes designated as 'emergency contraception' or 'chemical abortion' which have as a medically recognized usage the inducing of a spon taneous abortion. This code section shall not apply to".

The following amendment was read:

Representative Walker of the 141st moves to amend the Joyce amendment to HB 374 as follows:
By striking all of Joyce amendment and substituting in lieu thereof

"contraceptive. Further, nothing contained in this Act shall be construed to require any insurance company to provide coverage for abortion."

On the adoption of the Walker amendment to the Joyce amendment, the roll call was or dered and the vote was as follows:

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch
Bunn
Y Burkhalter Y Byrd N Callaway Y Campbell N Cash Y Channell Y Childers N Clark N Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings N Davis, M

Y Davis, T Y Day
Y Dean Y DeLoach, B
DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans
Y Everett Y Felton Y Floyd
N Franklin Y Golick
Y Graves
Y Greene Y Grindley
Y Hammontree Y Hanner Y Harbin
Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard N Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B
Y Jackson, L Y James Y Jamieson
Y Jenkins Y Jennings Y Jones
N Joyce Kaye
Y Lane N 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 N McKinney Y Millar Y Mills
Y Mobley Y Morris Y Mosley N Mueller Y OTSTeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote N Pinholster Y Poag
Y Ponder Y Porter
Y Powell Y Purcell Y Ragas
Randall
Y Ray
Y Reaves Y Reece
Y Reed N Reese Y Reichert N Rice
Richardson Y Roberts
Y Rogers Y Royal
N Sanders
Y Sauder Y Scarlett
Y Scheid Y Scott Y Shanahan
Shaw
Y Shipp Y Sholar Y Sims Y Sinkfield
Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T N Smith, V
Y Smyre Y Snelling
Y Snow
Y Squires Stalling.?
N Stancil Y Stanley, P Y Stanley-Turner
Y Stephens Y Stokes Y Stuckey
Y Taylor Y Teague
Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L
Y Walker, R.L Y Watson Y West Y Westmoreland E Whitaker Y Wiles N Williams, J Y Williams, R Y Wix N Yates
Murphy, Spkr

TUESDAY, MARCH 9, 1999

1519

On the adoption of the amendment, the ayes were 150, nays 19.

The amendment was adopted.

The Chair ruled the Joyce amendment, as amended by the Walker amendment, was out of order.

The following amendment was read:

Representative Dodson of the 94th moves to amend HB 374 as follows: Page 1, Line 4 - strike "provide" and insert "offer" Page 2, Line 27 - strike "provide" and insert "offer".

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

N Alien N Anderson N Ashe N Bailey Y Bannister Y Barnard
Y Barnes N Benefield N Birdsong Y Bohannon N Bordeaux Y Borders N Bridges N Brooks Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter
Y Byrd
Y Callaway Y Campbell Y Cash N Channell Y Childers Y Clark Y Coan N Coleman, B N Coleman, T N Connell N Cooper N Cox N Crawford
Y Cummings
Y Davis, M

N Davis, T Y Day N Dean Y DeLoach, B
DeLoach, G Y Dix N Dixon Y Dodson N Dukes Y Ehrhart N Epps Y Evans Y Everett N Felton N Floyd Y Franklin Y Golick Y Graves N Greene Y Grindley Y Hammontree
Banner Y Harbin N Harrell N Heard
Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, H N Hudson, N

Hugley Irvin Jackson, B Jackson, L James Jamieson Jenkins Jennings Jones Joyce Kaye Lane Lewis Lord Lucas Maddox
Mann Manning Martin, J Martin, J.L Massey McBee McCall McClinton McKinney
Millar Mills Mobley Morris Mosley
Mueller
CXNeal Orrock Parham
Parrish Parsons

N Pelote Y Pinholster N Poag Y Ponder N Porter Y Powell
Purcell N Ragas N Randall N Ray Y Reaves N Reece N Reed Y Reese Y Reichert Y Rice
Richardson N Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid N Scott Y Shanahan
Shaw Y Shipp Y Sholar N Sims N Sinkfield
Skipper Y Smith, B N Smith, C Y Smith, C.W Y Smith, L

On the adoption of the amendment, the ayes were 84, nays 86.

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V N Smyre Y Snelling Y Snow N Squires
Stallings Y Stancil N Stanley, P N Stanley-Turner N Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman Y Tolbert N Trense N Turnquest N Twiggs N Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland E Whitaker Y Wiles Y Williams, J N Williams, R N Wix Y Yates
Murphy, Spkr

The amendment was lost.

Representative Williams of the 83rd moved that the House reconsider its action in fail ing to adopt the Dodson amendment.

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

N Alien N Anderson N Ashe

N Bailey Y Bannister Y Barnard

Y Barnes N Benefield N Birdsong

Y Bohannon N Bordeaux Y Borders

Y Bridges N Brooks Y Brown

1520
N Buck N Buckner N Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash N Channell Y Childers Y Clark Y Coan N Coleman, B N Coleman, T N Connell N Cooper N Cox N Crawford N Cummings Y Davis, M N Davis, T Y Day N Dean Y DeLoach, B
DeLoach, G Y Dix N Dixon Y Dodson N Dukes Y Ehrhart N Epps Y Evans

JOURNAL OF THE HOUSE

Y Everett N Felton N Floyd Y Franklin Y Golick Y Graves N Greene Y Grindley Y Hammontree
Hanner
Y Harbin N Harrell N Heard
Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson Y Jenkins Y Jennings N Jones

Y Joyce Y Kaye Y Lane Y Lewis Y Lord N Lucas Y Maddox Y Mann N Manning N Martin, J N Martin, J.L Y Massey N McBee Y McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris Y Mosley Y Mueller N CCNeal N Orrock N Parham N Parrish Y Parsons N Pelote Y Pinholster N Poag Y Ponder N Porter Y Powell

N Purcell N Rages N Randall Y Ray N Reaves N Reece N Reed
Y Reese Y Reichert Y Rice
Richardson
N Roberts Y Rogers N Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott N Shanahan N Shaw N Shipp Y Sholar N Sims N Sinkfield
Skipper
Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T

Y Smith, V N Smyre Y Snelling Y Snow
N Squires Stallmgs
Y Stancil
N Stanley, P N Stanley-Turner N Stephens N Stokes N Stuckey N Taylor N league N Teper N Tillman Y Tblbert N Trense N Turnquest
Twiggs
N Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland E Whitaker Y Wiles Y Williams, J N Williams, R N Wix Y Yates N Murphy, Spkr

On the motion, the ayes were 81, nays 91.

The motion was lost.

The following amendment was read:

Representative Williams of the 83rd moves to amend HB 374 as follows: Page 3 after line 29 insert

(h) Nothing in this code section shall require coverage of persons under the age of 16.

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

N Alien
N Anderson N Ashe N Bailey
Y Bannister Barnard
N Barnes N Benefield N Birdsong Y Bohannon N Bordeaux N Borders N Bridges N Brooks Y Brown N Buck N Buckner Y Bulloch Y Bunn

Y Burkhalter
Y Byrd Callaway
Y Campbell Y Cash N Channell N Childers Y Clark Y Coan Y Coleman, B N Coleman, T N Connell Y Cooper N Cox N Crawford N Cummings Y Davis, M N Davis, T N Day

N Dean N DeLoach, B
DeLoach, G
Y Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans N Everett N Felton N Floyd Y Franklin Y Golick N Graves N Greene Y Grindley Y Hammontree

N Hanner Y Harbin N Harrell N Heard
Heckstall
N Hegstrom Y Hembree N Henson N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Y Irvin Y Jackson, B N Jackson, L

N James N Jamieson Y Jenkins Y Jennings N Jones Y Joyce Y Kaye N Lane Y Lewis
Lord N Lucas N Maddox Y Mann N Manning N Martin, J N Martin, J.L Y Massey N McBee
McCall

N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley N Mueller N OWeal N Orrock N Parham N Parrish Y Parsons N Pelote
Pinholster N Poag N Ponder

TUESDAY, MARCH 9, 1999

1521

N Porter N Powell N Purcell N Ragas N Randall
Ray N Reaves N Reece N Reed Y Reese Y Reichert Y Rice
Richardson N Roberts N Rogers N Royal Y Sanders

N Sauder Y Scarlett N Scheid Y Scott N Shanahan N Shaw N Shipp N Sholar N Sims N Sinkfield
Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L N Smith, L.R N Smith, P

Y Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires
Stallings
Y Stancil N Stanley, P N Stanley-Turner N Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman

Y Tolbert Y Trense N Turnquest N Twiggs N Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland E Whitaker Y Wiles Y Williams, J N Williams, R N Wix Y Yates N Murphy, Spkr

On the adoption of the amendment, the ayes were 55, nays 113.

The amendment was lost.

The following amendment was read:

Representatives Callaway of the 81st and Walker of the 87th move to amend HB 374 as follows:
Page 3 after line 29 insert

"(h) Nothing in this code section shall require coverage of persons under the age of 16 without parental consent".

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

N Alien N Anderson N Ashe N Bailey Y Bannister
Barnard N Barnes N Beneneld N Birdsong Y Bohannon N Bordeaux N Borders Y Bridges N Brooks Y Brown N Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B N Coleman, T N Connell Y Cooper Y Cox

Y Crawford N Cummings Y Davis, M N Davis, T Y Day N Dean Y DeLoach, B
DeLoach, G Y Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans Y Everett N Felton
Floyd Y Franklin Y Golick Y Graves N Greene Y Grindley Y Hammontree N Hanner Y Harbin N Harrell N Heard
Heckstall N Hegstrom Y Hembree N Henson N Holland

Holmes Houston Howard Hudgens Hudson, H Hudson, N Hugley Irvin Jackson, B Jackson, L James Jamieson Jenkins Jennings Jones Joyce Kaye Lane Lewis Lord Lucas Maddox Mann Manning Martin, J Martin, J.L
McBee McCall McClinton McKinney Millar Mills

N Mobley Y Morris Y Mosley Y Mueller N OTSTeal N Orrock N Parham N Parrish Y Parsons N Pelote Y Pinholster N Poag Y Ponder N Porter N Powell N Purcell N Kagas N Kandall
Ray N Reaves N Reece N Reed Y Reese N Reichert Y Rice
Richardson N Roberts Y Rogers N Royal Y Sanders Y Sauder Y Scarlett Y Scheid

Y Scott Y Shanahan N Shaw Y Shipp N Sholar N Sims N Sinkfield
Skipper Y Smith, B Y Smith, C Y Smith, C.W N Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V N Smyre Y Snelling Y Snow N Squires
Stallings Y Stancil N Stanley, P N Stanley-Turner Y Stephens Y Stokes N Stuckey N Taylor N Teague N Teper N Tillman Y Tolbert Y Trense

1522
N Turnquest Twiggs
Y Unterman

JOURNAL OF THE HOUSE

N Walker, L Y Walker, R.L N Watson

N West Y Westmorland E Whitaker

Y Wiles Y Williams, J Y Williams, R

N Wix Y Yates N Murphy, Spkr

On the adoption of the amendment, the ayes were 84, nays 84.

The Chair voted "nay".

On the adoption of the amendment, the ayes were 84, nays 85.

The amendment was lost.

Representative Williams of the 83rd moved that the House reconsider its action in fail ing to adopt the Callaway amendment.

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

N Alien N Anderson N Ashe N Bailey Y Bannister
Barnard N Barnes N Benefield N Birdsong Y Bohannon
N Bordeaux N Borders Y Bridges N Brooks
Y Brown N Buck N Buckner N Bulloch Y Bunn Y Burkhalter
Y Byrd Y Callaway Y Campbell
Y Cash Y Channel! N Childers Y Clark Y Coan Y Coleman, B N Coleman, T
Connell Y Cooper Y Cox Y Crawford
Cummings Y Davis, M

N Davis, T
Y Day N Dean Y DeLoach, B
DeLoach, G Y Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans Y Everett
Felton N Floyd Y Franklin Y Golick Y Graves N Greene Y Grindley Y Hammontree N Banner Y Harbin N Harrell N Heard
Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, H N Hudson, N

N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson Y Jenkins Y Jennings N Jones Y Joyce Y Kaye N Lane Y Lewis
Lord N Lucas N Maddox Y Mann Y Manning N Martin, J N Martin, J.L Y Massey N McBee N McCall N McClinton N McKinney Y Millar Y Mills
Mobley
N Morris Y Mosley Y Mueller N Craeal N Orrock N Parham N Fairish Y Parsons

N Pelote Y Pinholster N Poag Y Ponder N Porter N Powell N Purcell N Ragas N Randall
Ray N Reaves
Reece N Reed Y Reese N Reichert Y Rice
Richardson N Roberts Y Rogers N Royal Y Sanders N Sauder Y Scarlett Y Scheid Y Scott N Shanahan N Shaw N Shipp N Sholar N Sims N Sinkfield
Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V N Smyre Y Snelling Y Snow N Squires
Stallings Y Stancil N Stanley, P N Stanley-Turner Y Stephens N Stokes N Stuckey
Taylor
N Teague N Teper N Tillman Y Tolbert Y Trense N Turnquest Y Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland E Whitaker Y Wiles Y Williams, J N Williams, R N Wix Y Yates N Murphy, Spkr

On the motion, the ayes were 75, nays 90.
The motion was lost.
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

y Alien
Y Anderson Y Ashe Y Bailey N Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux N Borders Y Bridges Y Brooks N Brown Y Buck Y Buckner Y Bulloch N Bunn
Y Burkhalter
Y Byrd N Callaway N Campbell N Cash Y Channell Y Childers N Clark N Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings N Davis, M

TUESDAY, MARCH 9, 1999

Y Davis, T
N Day
Y Dean N DeLoach, B
DeLoach, G N Dix Y Dixon Y Dodson Y Dukes N Ehrhart Y Epps N Evans Y Everett Y Felton Y Floyd N Franklin Y Golick Y Graves Y Greene N Grindley N Hammontree Y Manner N Harbin Y Harrell Y Heard
Heckstall
Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard N Hudgens Y Hudson, H Y Hudson, N

Y Hugley
N Irvin N Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings Y Jones N Joyce N Kaye Y Lane N Lewis N Lord Y Lucas Y Maddox N Mann Y Manning Y Martin, J Y Martin, J.L N Massey Y McBee Y McCall
Y McClinton Y McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley N Mueller Y O'Neal Y Orrock Y Parham Y Parrish N Parsons

Y Pelote N Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Eandall Y Ray Y Reaves Y Reece Y Reed N Reese N Reichert N Rice
Richardson
Y Roberts N Rogers Y Royal N Sanders Y Sauder N Scarlett Y Scheid Y Scott Y Shanahan N Shaw Y Shipp
N Sholar
Y Sims Y Sinkfield
Skipper N Smith, B Y Smith, C N Smith, C.W Y Smith, L

1523
Y Smith, L.R Y Smith, P Y Smith, T N Smith, V Y Smyre N Snelling Y Snow Y Squires
Stallings N Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman N Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L N Walker, R.L Y Watson Y West N Westmorland E Whitaker N Wiles N Williams, J Y Williams, R Y Wix N Yates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 120, nays 53.

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

Representative Orrock of the 56th moved that HB 374 be ordered immediately transmit ted to the Senate.

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

Y Alien Y Anderson Y Ashe Y Bailey
Bannister Y Barnard Y Barnes Y Benefield Y Birdsong
Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks N Brown
Y Buck Y Buckner Y Bulloch
Bunn Y Burkhalter Y Byrd N Callaway Y Campbell

N Cash Y Channell Y Childers Y Clark N Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings N Davis, M Y Davis, T Y Day Y Dean Y DeLoach, B
DeLoach, G N Dix
Dixon Y Dodson Y Dukes N Ehrhart

Y Epps
N Evans Everett
Y Felton
Y Floyd N Franklin Y Golick Y Graves Y Greene N Grindley N Hammontree
Y Hanner
Y Harbin Y Harrell Y Heard
Heckstall
Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard

N Hudgens Y Hudson, H Y Hudson, N Y Hugley N Irvin N Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings Y Jones N Joyce N Kaye Y Lane N Lewis
Lord Y Lucas
Maddox N Mann
Y Manning
Y Martin, J
Y Martin, J.L

Massey
Y McBee
McCall Y McClinton
Y McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley
Mueller
Y O'Neal
Y Orrock Y Parham Y Parrish
Y Parsons Y Pelote
Pinholster Y Poag
Y Ponder Y Porter
Powell Y Purcell

1524
Randall Ray Reaves Reece Reed N Reese Y Reichert Y Rice Richardson Y Roberts N Rogers Y Royal

JOURNAL OF THE HOUSE

N Sanders Y Sauder N Scarlett Y Scheid
Scott Y Shanahan
Shaw Y Shipp Y Sholar Y Sims Y Sinkfield
Skipper Y Smith, B

Y Smith, C N Smith, C.W Y Smith, L Y Smith, L.R
Smith, P Y Smith, T N Smith, V Y Smyre N Snelling Y Snow Y Squires
S tailings Y Stancil

Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper
Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs

Y Unterman Y Walker, L N Walker, R.L Y Watson Y West N Westmoreland E Whitaker N Wiles
Williams, J Y Williams, R Y Wix N Yates
Y Murphy, Spkr

On the motion, the ayes were 126, nays 32.

The motion prevailed.

The Speaker assumed the Chair.
HB 822. By Representatives Skipper of the 137th and Hudson of the 156th:
A bill to amend Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, the "Natural Gas Competition and Deregulation Act," so as to authorize the Public Service Commission to initiate a proceeding for de termining that adequate market conditions exist within a delivery group; to provide for the criteria to be used in making determination and conforming changes relating to stays of the process of customer assignment.

Pursuant to Rule 134, Representative Borders of the 177th was excused from voting on HB 822.

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

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

Alien
Anderson
Ashe Bailey Bannister
Barnard Barnes Beneneld Birdsong Bohannon Bordeaux Borders Bridges Brooks Brown Buck
Buckner
Bulloch Bunn Burkhalter Byrd Callaway Campbell Cash
Channell Childers Clark Coan Coleman, B Coleman, T

Y Connell Y Cooper Y Cox
Y Crawford
Y Cummings Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B
DeLoach, G Y Dix
Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Hanner Y Harbin Y Harrell

Y Heard Heckstall
Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning

Y Martin, J Y Martin, J.L Y Massey Y McBee
McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley
Morris Y Mosley Y Mueller Y (Weal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece

Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling

TUESDAY, MARCH 9, 1999

1525

Y Snow Y Squires
Stallings Y Stancil Y Stanley, P Y Stanley-Turner

Y Stephens Y Stokes Y Stuckey Y Taylor Y league Y Teper

Y Tillman Y Tblbert Y Trense Y Turnquest Y Twiggs Y Untennan

Y Walker, L Walker, E.L
Y Watson Y West Y Westmoreland E Whitaker

Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was passed.
The Speaker announced the House in recess subject to the call of the Chair. The House will convene at 9:00 o'clock the next legislative day.